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Verizon, unions will return to bargaining table

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Verizon workers picket in front of a company facility in New York.

Verizon and striking union officials will restart negotiations Tuesday after a meeting with Labor Secretary Tom Perez.

Nearly 40,000 employees -- members of the Communications Workers of America and International Brotherhood of Electrical Workers -- have been on strike for about a month.

But Verizon CEO Lowell McAdam, CWA president Chris Shelton and IBEW president Lonnie Stephenson met in person with Perez in Washington on Sunday after he contacted the company and unions last week. After "an open, frank and constructive dialogue," the parties decided to return to the bargaining table, the department said.

“The best way to resolve this labor dispute is at the bargaining table, and I am heartened by the parties’ mutual commitment to get back to immediate discussions and work toward a new contract,” Perez said in a statement. “I was singularly impressed by the parties’ appreciation that time is of the essence, and their strong commitment to use the collective bargaining process to reach a mutually beneficial resolution.

Union members, employed by Verizon from Massachusetts to Virginia, have decried Verizon for outsourcing and increasing demands on workers despite burgeoning profits. Verizon officials say that employee health care and retirement compromises are needed to help manage costs.

 

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ES Morning Update May 16th 2016

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Weak looking rally off the lows last week, and 60 minute MACD's ready to rollover at the open.

Good Monday Morning everyone... it looks like we'll start off this week with some early weakness but I still think they'll be one more rally later this week to short at.  While looking around at the various time frame charts on the SPX Cash, Transports, Russell, Nasdaq, etc... they all look like they aren't bottomed yet on the short term.  Meaning their various MACD's haven't turned back up yet.  Their Stochastic's are buried and that implies that it will be hard to have a big drop as they need to come up from that "below 20" level some to maybe the 50 level or so, and then roll back down to have a nice flush down.

Looking on this 60 minute chart of the ES Futures I suspect today will be another light volume day where the futures struggle to hold the falling trendline it's resting on now, which points to around 2038.00 or so by the end of the day.  The SPX cash is want I see that wants to continue lower but the futures here look like they want to hold the right shoulder of the "Inverted Head and Shoulders" pattern that's currently formed.  If we drift down to day I'd look for support at the retest of the right shoulder low of 2035.00 and then the head test at 2033.75 or so.

On the upside there's resistance in the 2060 zone from the horizontal trendlines.  I could see that upper falling trendline of resistance falling from it's current "end of the day" level of 2065.00 into that horizontal zone on Tuesday at some point.  I don't feel we are going up much today but that would be my next big shorting zone if it makes it?  While this 60 minute MACD is trying to continue up it's going to fight the SPX Cash at the open.  The 6 hour, 4 hour and 2 hour MACD's on the futures also want to go up, but again the SPX cash still looks like it wants more down.  This suggests a choppy day with no clear direction.  Give me a nice 15 or point rally and I'll just grab a short as I know where we're going into mid-late June.

ES Morning Update May 13th 2016

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Futures continued down afterhours but looks close to a low.

MACD's are trying to come back up but might need all morning to consolidate first.

[8:00 am EST Update:] From yesterday's high at the open around 2070 it looks like we did indeed have that C wave down, and it may or may not be finished at the open.  I think the way to play the open this morning is to wait for awhile to see if sellers come in and push the market down during the first few hours to retest the overnight low... which as you can see made a 2nd hit on that falling trendline perfectly and bounced back up from it.  If we go down again that trendline points to around 2045 early on and 2042.50 by the close.

My thoughts are that we'll see some early fighting between the bulls and bears as the bulls try to start the rally at the open while the bears try to push it back down.  On a weekly close it's critical to save the 2040 area on the SPX (about 2032-2035 on the futures), so keep that in mind as I don't see that breaking down this week.  I think what's going to happen is that we'll see a late day rally to pin the SPY at some level to make all the weekly puts expire worthless.

The ideal spot to take a long (short term day trade only, as I firmly believe the trend is changing to bearish from bullish over the last two months) would be a retest of that falling trendline, and time-wise it would be perfect if it hit between around noon and 2pm EST, as then there wouldn't be too much time left before the late day rally happens (assuming it happens?... again, this is a risky "intraday" call only, which I don't trade myself).

Ok, from the look and feel of the futures I'd expect a rally near the open and then back down to shake out the longs... then back up later in the day to shake out the shorts.  That 208.50 FP on the SPY from yesterday still could be in play, but I don't give much attention to those small intraday prints as many times they are just late fills.  Therefore I would NOT trade off of it as there aren't consistent enough like the big FP's that so far have hit 5 out of 5 times.  For the longer term players you know I'm a bear here and just look to short rallies until mid-June for my expected 12% correction.


 

[8:30 am EST Update:] Futures just took off to the upside from the Retail Sales Number beating expectations (after I wrote the rest of this post).  This is a short if it rallies up to that higher falling trendline in the 2067.50-2070.00 area, but only for those with enough time to hold until the mid-June low.  Day traders could get squeeze right through that trendline and on up to the 2080 prior high a few days ago.  Multiday swing traders can ride out that brief spike higher.

A rally up to that falling trendline should use up a lot of the bulls momentum that they should be saving for the close today... not good in my opinion.  It sets them up for selloff into the close.  So the bulls really need to drop early here and retest those premarket lows into the noon to 2pm period so they can rally into the close.  An early rally up toward that higher falling resistance into that same period suggests we could see a late day selloff instead of a rally.  A flip of what I originally expected.

Bottomline here today... it's looks tricky.  So I'm sticking with selling rallies up at resistance levels giving myself enough time to let them play out into my mid-June low.

Why Nissan Taking Control Of Mitsubishi Is A Huge Deal In Asia

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Why Nissan Taking Control Of Mitsubishi Is A Huge Deal In AsiaMitsubishi Motors headquarters in Japan. Photo credit Getty Images

Beyond the obvious that these two companies are titans in Japanese automotive history, it’s fair to ask how the various tendrils of Mitsubishi Motors and Nissan Motor Company reach throughout many aspects of day-to-day Japanese life. Indeed, it’s fair to ask how this will affect Mitsu’s place in Asia more generally.

It’s easy to go directly to asking what about the cars? Well, it looks like not much will change on that front immediately.

Mitsubishi Isn’t Bowing Out

While most Americans know Mitsubishi as a small, struggling automaker with an aging lineup, things are quite different in Japan and Asia as a whole. Mitsubishi is still quite popular in Japan, and while it has lesser market share than some of the other automakers, three-diamond kei cars (like the eK Wagon, which I used to drive) and superminis (like the Colt, which even includes a RalliArt version) are everywhere.

I also see JDM Outlanders and other Mitsubishi SUVs pretty regularly, and they’re always newer models. Nissan also sells re-badged Mitsubishi microcars, which is part of how the fuel economy cheating scandal came to light. That will certainly continue. And as Nissan CEO Carlos Ghosn said today, the Mitsubishi brand is not just going to disappear.

Why Nissan Taking Control Of Mitsubishi Is A Huge Deal In Asia

One aspect of the Asian business this is unlikely to affect is Mitsubishi’s plans for 30,000 Mirage subcompacts at a factory in the Philippines it purchased from Ford in 2014, which Jalopnik East previously covered. Mitsubishi was hoping to take advantage of tax incentives, but it will need to produce 200,000 vehicles over a period of six years starting this year. Given that Mitsubishi has seen a healthy share of the 2015 30% jump in auto sales in the PH, it’s hard to imagine Nissan going back on the deal.

And this isn’t even acknowledging Mitsubishi’s strong sale numbers of the Triton in Southeast Asia, especially Thailand, or even its somewhat decent numbers in Australia. There are places, in some segments, where the Mitsubishi brand still has tremendous staying power.

The Apology Tour

What we really need to talk about is the cultural aspects of Mitsubishi’s dirty, rotten cheating, because those matter and they let us into some of the rather darker aspects of Japanese collectivist sociocultural processes.

The most immediate fallout of the Mitsubishi scandal is, as is always the case with these sorts of things, a stiffly formal ritual apology played to the press, which serves a sort of a play-acting role more than it addresses problems. This time the Oscar for Best Ritual Sorry went to Mitsubishi’s Aikawa Tetsuro.

And let’s be frank, this is just the latest in a series of corporate scandals not just for the automotive companies, but also within the Japanese corporate world more generally. Corporate malfeasance has been a problem in Japan for an extremely long time, only getting real attention both within and without Japan after the Great Tohoku Earthquake in March of 2011 lead to the well-reported issues at the TEPCO Fukushima nuclear power plant.

Prime Minister Abe Shinzo swept into his second non-consecutive term as the head of the Japanese government with promises to tackle corporate governance, as The Economist has reported from multiple angles:

Government bigwigs, including Mr Abe himself, now offer meetings to foreign activist investors. A new governance code, which came into force this week, seeks to break open the cosy world of the Japanese boardroom by requiring firms to appoint at least two outside directors.

Unfortunately, this is pretty good evidence that whatever the Abe Administration is attempting to do, it isn’t working. Given that Mitsubishi’s cheating was just that—intentional deceptionand after Nissan exposed the three-diamond automaker’s underhandedness, it swooped in to take a nice sized chunk in its jaws.

Is it an angel investor? Something like that. Japanese companies aren’t exactly known for the kind of predatory investing that this controlling stake would no-doubt engender in the West.

Other Ramifications

But that doesn’t mean that the embarrassment won’t lead to shame all around as those organizations or individuals associated with Mitsubishi Motors in any capacity seek to avoid being painted with its miscreant brush.Why Nissan Taking Control Of Mitsubishi Is A Huge Deal In AsiaMitsubishi Motors sponsorship sign behind Gamba Osaka defender Hiroki Fujiharu as he reacts after scoring the extra time game winner in his team’s 3-1 victory over Urawa Reds in the 2015 J.League Playoff Semifinal. Saitama, Japan. Image Credit: Dan Orlowitz/Football Channel

Here’s one example, and it comes from the world of soccer. Take the J1 League soccer team, the Urawa Red Diamonds, aka the Reds. (based in my own Saitama).

You might guess from their name that they’re funded by Mitsubishi Motors. This is actually one of the fiduciary ways that the scandal will affect something seemingly completely unrelated to cars. You see, the ownership decisions around the Urawa Reds and the Yokohama F. Marinos is intricately linked to the financial situations and positions of both Nissan and Mitsubishi.

Mitsubishi Motors owns half or so of the Reds, and Nissan has almost three fourths of a rival team, the Yokohama F. Marinos. And, as Japanese soccer expert Dan Orlowitz of Football Channel told Jalopnik, this is a big honking no-no along the lines of an antitrust issue, citing J-League Article 25, Clause 5 stating “that a company with a controlling stake in one club cannot have a direct or indirect controlling stake in another club.” How this will be cleared up remains to be seen.

To understand how this happens, you have to understand just how truly conglomerated and... I hate to even use this term... incestuous Japanese securities holdings (that’s stocks, like the stock market) are.

You might know something like “Mitsubishi makes other stuff, like fighter jets and pencils and TVs.” What you might not know is that Mitsubishi itself is actually a name applied to several different companies that sort of are the same company sort of not, and those companies own parts of other companies (like KFC restaurants in Japan and Kirin Ichiban beer.)

Look, like your Facebook relationship status in high school, it’s complicated. Which means this is probably only the beginning of corporate restructuring across Mitsubishi and Nissan’s holdings in every industrial sector you can imagine.

And that is why Nissan taking a controlling stake in Mitsubishi Motors is... well... big in Japan.

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Wal-Mart (WMT) Stock Slides on Free Two-Day Shipping

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NEW YORK (TheStreet) -- Wal-Mart  (WMT - Get Report) stock is slumping by 0.38% to $66.16 in pre-market trading on Thursday, as the retailer tests a two-day shipping subscription and builds a regional delivery network in an effort to rival e-commerce giant Amazon.com (AMZN).

Wal-Mart will utilize eight massive e-commerce warehouses throughout the U.S. and rely more heavily on regional carriers to deliver packages, sources told the Wall Street Journal. 

The company will employ regional delivery companies including the East Coast's LaserShip, the West Coast's OnTrac and the Midwest's United Delivery Service to take some of the package deliveries away from FedEx (FDX), which currently handles the majority of its parcels, the Journal adds. These regional carriers charge rates up to a third less than those by national carriers.

Starting today, members of Wal-Mart's ShippingPass program, which grants customers three-day shipping for $50 a year, will receive two-day shipping for $49 per year.

The service is only available by invitation.

Separately, TheStreet Ratings team rates the stock as a "buy" with a ratings score of B+.

Wal-Mart's strengths such as its attractive valuation levels, largely solid financial position with reasonable debt levels by most measures and notable return on equity outweigh the fact that the company has had somewhat weak growth in earnings per share.

You can view the full analysis from the report here: WMT

TheStreet Ratings objectively rated this stock according to its "risk-adjusted" total return prospect over a 12-month investment horizon. Not based on the news in any given day, the rating may differ from Jim Cramer's view or that of this article's author.

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Solar plane makes aviation history like other solo flights in May

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The Solar Impulse 2, a solar powered plane, knocking down solo flight records much like Charles Lindbergh and Amelia Earhart did decades ago.

Solar Impulse 2, a solar-powered airplane that uses no fuel, is making a nearly 22,000-mile, around-the-world voyage. The journey began March 9, 2015, in Abu Dhabi and is scheduled to end there later this summer. The plane has endured many challenges, including being grounded in Hawaii for the entire winter due to a fried battery, ruined during a historic five-day flight from Japan to Hawaii last summer. Still, that flight set world records of distance and duration for solar aviation, as well as the world record for the longest solo flight ever. A look at the plane, the pilots and some comparisons to two other solo flights that made aviation history:

Solar Impuse 2

Solar cells and batteries

17,248 solar cells, the thickness of a human hair, cover the top of the horizontal stabilizer, fuselage and wings. The cells are protected by a thin layer of UV-resistant, waterproof resin, allowing them to be molded into curvatures of the surface. Energy from these cells gets directed into four high-voltage batteries. The Four high-voltage rechargeable lithium polymer batteries store energy produced by the solar cells. The stored energy allows the aircraft to fly at night. High-density light- weight insulation foam protects the batteries from cold temperatures, which could reduce their capacity. If one of the four motors should fail, battery power can be dispersed among the remaining functional motors.

Enduring long flights in the cockpit

The single pilot cockpit area is spacious enough for oxygen supplies, food and survival equipment, while meeting requirements for flights lasting several days. The absence of a heating/cooling system is offset by high-density thermal insulation that protects the pilot from the elements. The single seat can fully recline, allowing for physical exercises and more legroom during brief naps.

Comparing the planes

Technical advances, since the 1930s, paved the way for conveniences we experience on commercial airlines today. A look at some of the advantages and conditions these brave pilots endured in their effort to make history:

Ryan NYP “Spirit of St. Louis”

For pilot safety, the main fuel tank was incorporated between Charles Lindbergh and the engine. He used open side windows, a compass and periscope to navigate.

Lockheed Model 10 Electra

Amelia Earhart’s plane was customized with four auxiliary fuel tanks for greater range, a navigation system, autopilot, a radio and additional batteries.

Solar Impulse 2

Pilots Bertrand Piccard or André Borschberg must endure freezing temperatures at high altitudes in the single-seat plane, but have state-of-the-art equipment and skilled

ground support at their fingertips.

A matter of altitude

Solar Impulse 2 pilots cruise at 27,000 feet, nearly the height of Mount Everest, in an unpressurized cabin. Temperatures in the cockpit can reach -4 degrees Fahrenheit, a problem neither Lindbergh nor Earhart had to contend with.

Flights that have broken records and aviation barriers

Though Solar Impuse 2 has already broken many records and remains only five stops from the team’s ultimate goal, pioneers before them inspired the nation decades earlier and laid the groundwork for future accomplishments in aeronautic research.

May 20-21, 1927

Charles Lindbergh completes the first solo flight across the Atlantic in Paris.

May 21, 1937

Amelia Earhart, with navagator Fred Noonan, leaves Oakland in an attempt to become the first woman to fly around the world. Following takeoff from Lae, Papua New Guinea, Earhart’s plane vanished after losing radio contact with the Coast Guard cutter Itasca near Howland Island.

March 9, 2015

Pilot André Borschberg, in Solar Impulse 2, lifts off from  Abu Dhabi, United Arab Emirates, beginning its historic journey around the world.

May 2016

Solar Impulse 2 is planning to leave Phoenx, Ariz., for Tulsa, Okla. before heading to New York City, where the plane and crew will be prepared for an Atlantic crossing.

The final stretch

The solar plane is currently expected to cross the Atlantic, making stops in Western Europe or Northern Africa as well as somewhere along the Mediterranean coast, before finishing back in Abu Dhabi, United Arab Emirates.

 
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‘Prepare’ For The Forthcoming Next 7 Months That We Are About to Experience!

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The FED will not be capable of raising interest rates at all this year!

This is exactly what President Obama, Vice President Biden and Dr. Yellen had discussed in their most secretive meeting which occurred on April 11, 2016: (http://www.zerohedge.com/news/2016-04-10/obama-announces-unexpected-meeting-yellen-following-tomorrows-expedited-procedures-f). President Obama wants his legacy, as the president of the U.S., to be a positive one. The FED will not capable of ‘financial engineering’ the economy into explosiveness, that we all desire. This equation would eliminate the ‘Republicans’ greatest campaign pitch which is that the economy is ‘weak’. Take that theory out of the election process and the ‘Republicans’ will lose their best argument that they have against the Democrats.

Given that both the White House and the FED are working overtime in order to attempt to create a ‘booming economy’ while going into the election.

The FED may be incapable of increasing short term interest rates due its’ policy meetings which coincide with key events that they have been planned on their election calendar.

In June 2016, the FED’s hands will continue be tied, for those same reasons. In addition, there is the British referendum decide whether to remain in the E.U., or not ‘Brexit’. A week after the FED meeting on June 23th, 2016, combined with a rate hike, could spike the dollar. I assure you, that the SPX will not continue to be range bound till election time.

Last week, the U.S. dollar fell by 2%, as the FED signaled it would be slow to raise interest rates, this year. “This year quoting the FED, the committee considers it unlikely to begin the normalization process for at least the next couple of meetings.” This statement sent interest rates plummeting while Treasury Bonds and stock prices surged higher!

While a rate hike during the July 26th-27th, 2016 meeting maybe possible, its’ odds are somewhat reduced due to the fact that there will be no press conference occurring after this meeting. This meeting will coincide with the Democratic National Convention on July 25th-28th, 2016, and, in addition, it will occur within only a few days after the Republican National Convention during July 18th-21st, 2016. The September 20th-21st, 2016 FED meeting is relatively close to the Presidential Election on November 8th, 2016, therefore unless there is strong evidence that the US economy is growing, above trend, and that global financial markets are relatively stable, I expect the FED to refrain from hiking interest rates in September 2016. I highly doubt that the FED will raise interest rates during their November 2016 meeting which occurs only six days before the US elections.

Even though investors desire a clear sense of America's political future, I can assure you that the SPX will not continue to be range bound until election time. By that time, the FED maybe possibility be able to shift their focus, solely on the economy.

If by the December 13th-14th, 2016-time period of the FED meeting, its’ underlying GDP growth were above 2%, then perhaps they could raise interest rates. The futures market essentially is signaling the same scenario. My expectations of any real GDP growth is the risk that the FED does not hike interest rates at all this year:

Chart 1After spiking during the summer of 2015 and again in early January of 2016, the VIX is once again collapsing, however, not for much longer!

It is not a question of if, but when?

Chart 2 Chart 3

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0 to 400 mph in two seconds: Welcome to the age of hyperloop

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Competing teams will be showing off their Hyperloop prototypes in a bid to see who can build the best, most viable system.

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Tubes that will eventually be home to Hyperloop One's 750-mph pods sit in the desert north of Las Vegas, where the Los Angeles-based company is conducting tests on its futuristic transportation technology.(Photo: Marco della Cava, USA TODAY)

LAS VEGAS – The co-founders of a start-up aiming to upend earthbound transportation say they've had their Kitty Hawk moment.

Hyperloop One successfully demonstrated Wednesday one key part of how it plans to send people and cargo racing through cushioned tubes at nearly the speed of sound. This transportation alternative, its backers claim, could reduce the journey between Los Angeles and San Francisco to just 30 minutes.

“We are standing on hallowed ground for us,” said Shervin Pishevar, cofounder of Los Angeles-based Hyperloop One, which is among a few companies focused on the hyperloop technology.

What the gaggle of investors and journalists saw from metal risers planted in the desert north of Las Vegas was a lot more rudimentary than artists' rendering of the future, however.

Instead it was more a proof of concept, much like those first airborne moments shared by the Wright Brothers in their airplane.

A bare-metal sled — not a tube — rocketed down a track, with the sled elevated slightly by magnetic levitation technology. It accelerated at 2 g-force before hitting a patch of sand 100 yards down the line.

The total test was just two seconds. But it was enough, Hyperloop One's founders said, to show that technology similar to that used in high-speed maglev trains could be deployed more cheaply, without the steep cost of high-tech trains and rails.

"This is about validating the hardware and software,” said Hyperloop One cofounder and chief technology officer Brogan BamBrogan. “We’re aiming to hit 400 mph in two seconds.

"And by the end of the year hopefully we’ll have a full test, with the sled in a tube accelerating with our custom propulsion.”

That test will also take place here. The team is aiming to build a 3-mile track that will feature tubes elevated above ground by pylons. “This is where hyperloop is getting invented,” said BamBrogan.

BamBrogan noted that humans in a hyperloop pod wouldn’t feel the acceleration as it would happen more gradually, eventually hitting close to 750 mph.

In Los Angeles, the company is testing various levitation methods, based on passive magnetic levitation technology, a version of which is currently in use on high speed maglev trains in Europe and Asia.

"We think we can move cargo by 2019 and passengers by 2021, if we can replicate the kind of support we've gotten here from the county and city of North Las Vegas," said CEO Rob Lloyd.

Indeed, Hyperloop One executives were eager to liken the new mode of transportation to the building of the Transcontinental Railroad in the 19th-century and the race to the moon in the 1960s. But in the former case, development was spurred by a sense of manifest destiny and limitless land. In the latter, a nation's resources fueled the rocket project.

Today, companies such as Hyperloop One and Hyperloop Transportation Technologies, both based in Los Angeles, face hurdles that include land use rights and existing transportation players — train and truck companies — that are financially invested in keeping the status quo.

Hyperloop pioneers counter that their technology will eventually win out due to lower costs (once a hyperloop pod is underway it can sustain its speed with very low energy use) while producing no carbon emissions (a critical element in global warming).

Hyperloop One announced Tuesday that it had secured $80 million in Series B funding to continue its research and development testing, bringing the company's total to nearly $120 million.

The idea for hyperloop first gained momentum in 2013, when SpaceX and Tesla CEO Elon Musk first posited the notion of using magnetic levitation technology to zip travelers between cities hundreds of miles apart at a speed greater than airplane travel. SpaceX is sponsoring a competition to source tech solutions for hyperloop, but will not build a company around the innovation.

Pishevar recounted meeting with Musk, a friend, and asking if he could pursue the tech's commercial potential.

Musk's response? "He said sure, because he was too busy trying to get to Mars anyway," said Pishevar with a laugh.

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Google to restrict ads for payday loans

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Google announced today that it will no longer allow payday lenders to advertise on its systems because the loans often come with high interest rates and quick repayment requirements that push borrowers into debt.

Payday lenders offer quick cash to low-income people, who are then required to pay back their loans within a short time frame. If they don’t, they face exorbitant interest rates and can quickly fall into debt.

“When reviewing our policies, research has shown that these loans can result in unaffordable payment and high default rates for users,” Google’s director of global product policy David Graff wrote in a blog post announcing the policy change. “This change is designed to protect our users from deceptive or harmful financial products,” he added.

Google has banned categories of ads in the past — it doesn’t allow advertisements for illegal drugs, guns, tobacco, and other products that don’t fall in line with the family friendly image Google tries to project. The company also bans ads that might be risky for its users; it announced that it banned more than 780 million ads last year that were related to counterfeiting or phishing.

Google will define payday lending ads as those that offer loans where repayment is required within 60 days or ones that offer an APR of 36 percent or higher. The policy will go into effect July 13, 2016 and Graff said that it would not impact advertising for other kinds of loans, such as mortgages or student loans.

Advocates have pushed Google to make the adjustment for some time and celebrated the announcement.

“If you’re broke and search the Internet for help, you should not be hit with ads for payday lenders charging 1,000 percent interest,” said Alvaro Bedoya, the executive director of the Center on Privacy and Technology at Georgetown Law. “Today, the world’s largest search engine is saying: ‘We want no part in this.’ Google’s decision to ban these ads sets an industry standard that other internet companies would do well to follow.”

Civil rights groups have lobbied against payday lending in government and in private industry, arguing that lenders disproportionately target people of color and prey upon people’s desperation when they are in difficult financial situations. Roughly a third of states in the U.S. have laws against payday lending.

“Low-income people and people of color have long been targeted by slick advertising and aggressive marketing campaigns to trap consumers into outrageously high interest loans,” explained Wade Henderson, president and CEO of The Leadership Conference on Civil and Human Rights. “This ban puts payday loans in their rightful place alongside explosives and tobacco as dangerous products that deserve the highest level of scrutiny from regulators and businesses alike.”

Bedoya hailed Google’s decision as a civil rights victory and said he hoped other major search engines operated by Yahoo and Microsoft would follow Google’s lead.

However, payday loan ads won’t vanish from Google altogether — AdWords will still display payday lending ads if a user searches for the phrase “payday loan” or other related queries.

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Hyperloop Tech prepares for historic public test, changes name

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Elon Musk’s dream of transforming yet another form of transportation is inching (or racing, if things go well) toward reality.

In 2014, Musk, of Tesla fame, outlined a potentially revolutionary transportation system called the Hyperloop, an above-ground, low-pressure tube with smallish pods inside that are propelled by impeller engines and supported by either air or magnets. Musk came up with the idea and published a 76-page white paper, but he open-sourced it, allowing others to turn it into a reality.

On Tuesday, one company working on the project announced it’s ready to run its first public open air test of the solar-powered transportation project's propulsion system. The Hyperloop is expected to travel at speeds of up to 760 mph and is planned to be, unlike much of modern day public transportation, weatherproof.

With the test set for Wednesday morning, though, the more interesting news may be that the company has changed its name from Hyperloop Technologies to Hyperloop One.

The company says they're changing their name now to coincide with the open-air test in Northern Las Vegas, Nevada. However, it's fair to assume that it's also an attempt to clear up some market confusion.

You see, there are two companies — Hyperloop One (formerly Hyperloop Technologies) and HTT (which stands for Hyperloop Transportation Technologies) — competing to be the first to get Musk's brainchild up and running. Putting “One” in the name is a clear attempt to tell people that there is just one Hyperloop that matters. While Musk came up with the idea, he hasn't put any money into either project.

It’s also a smart move as the news of the test, if successful — and if not — will travel fast tomorrow and the last thing Hyperloop One wants, is market confusion surrounding its big moment.

Hyperloop One

The Hyperloop One propulsion system test site.

Hyperloop One also announced a fresh injection of cash: $80 million Series B funding, and the company trumpeted more than half a dozen new partners (and potential customers) across a wide range of disciplines, including architecture, engineering, finance, freight and naturally, tunneling.

“We will work alongside these world-class partners to redefine the future of transportation, providing a more immediate, safe, efficient and sustainable high-speed backbone for the movement of people and things,” said Rob Lloyd, CEO of Hyperloop One in a release.

Testing, one, two…

Partnerships and money are great for the viability of what is essentially a transportation startup, but all eyes will be locked on North Las Vegas tomorrow morning in this first-ever, public Hyperloop technology test.

What we’ll see is not a full-scale Hyperloop system. Hyperloop One actually has a number of technologies it has to perfect: levitation, a low-pressure tube environment and propulsion. This test will only address the latter and it will not include pods or pylons to support a future Hyperloop One system. It won’t even be solar-powered.

“All current tests are tied to electric grid,” Hyperloop One SVP of Engineering Josh Giegel told me after Tuesday’s press conference. Though they will be able to switch to solar later on, if they choose.

Giegel, who was literally Hyperloop One employee No. 1, explained that Wednesday’s test will address the systems’ linear electric motor-based propulsion system. Unlike typical motors, this one has no moving parts. Giegel described the motors as “blades” and what you might get if you took a typical electric motor, cut it down the seam and unrolled it. When powered, these roughly 2-feet tall by 6-inch wide blades create electromagnetic energy that reacts with the pod and pushes it along.

Josh GiegelHyperloop One's SVP of Engineering Josh Giegel.

There are other transportation systems that use similar propulsive technology, but Hyperloop One’s linear motors will not run the length of a Hyperloop track.

“It only needs it on about 5% to 10% of the track,” said Giegel who explained that in a low pressure tube where the pods are levitated via permanent magnets, there’s very low drag. These motors will only need to be placed every 40 to 50 miles.

“High speed rail needs it entire length because they’re outside and have a lot of drag,” Giegel told me.

For Wednesday’s test, they’ll send the pod – or whatever is in place of an actual pod – from 0 to 60 mph in 1 second, generating up to 2 Gs of force.

It’s a test, Giegel said they’ve run repeatedly in the labs. “We’ve repeated and been rehearsing.”

“If this works the way we predicted it does, then we take this design and move it inside the tube later this year,” said Giegel.

There's still no timeline for full production since so much depends on partners, customers and target routes. Overall, Giegel expects Hyperloop One to be opportunistic in choosing whether to first start transporting people or freight.

And if the test, which is set for 10 a.m. PST, does not go off as planned?

“It has worked in the past and it will work again in the future. If it’s not tomorrow, then it will be after that,” Giegel told me.

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Planet Fitness Reports Q1 2016 Revenue of $83.3 Million, Raises 2016 Outlook

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Planet Fitness opened 48 clubs in the first quarter to give the company 1,171 total locations as of March 31. (Photo courtesy Planet Fitness.)

Planet Fitness, Newington, New Hampshire, reported first quarter revenue of $83.3 million, marking an 8.3 percent increase over the first quarter of 2015, according to financials released Tuesday.

System-wide same store sales increased 6.8 percent in the first quarter, with franchisee-owned same store sales increasing 7 percent and the 58 corporate-owned stores sales increasing 4.9 percent. Planet Fitness Chief Financial Officer Dorvin Lively attributed the system-wide sales growth to member growth in a conference call Tuesday with analysts, though specific data on member growth was not disclosed. The company reported 7.3 million members at the end of 2015 in March.

"The year is off to a strong start," Chris Rondeau, CEO, Planet Fitness, said in a statement. "We continue to be successful attracting new consumers to Planet Fitness, which, combined with system-wide same store sales growth of 6.8 percent contributed to our outperformance in the first quarter compared with guidance."

Planet Fitness also raised its full-year revenue outlook for 2016 to between $360 million and $370 million, up from March's projection of 2016 revenue between $355 million and $365 million. The previous projection of 210 to 220 new locations in 2016 remained unchanged in Tuesday's disclosure. Planet Fitness opened 48 new clubs in the first quarter to give the company 1,171 total locations as of March 31.

The franchise segment is the primary driver behind the raised full-year guidance, Lively told analysts. Franchise segment revenue, which includes commission income, increased 27.2 percent to $27.7 million in the first quarter compared to the first quarter of 2015. Corporate-owned stores revenue increased 9 percent to $25.7 million in the first quarter compared to the first quarter of 2015.

"We remain confident that we have a significant runway for growth based on how well our concept continues to resonate with the large population of casual and first time gym users," Rondeau said in a statement. "At the same time, our group of well capitalized franchisees is on schedule to open a record number of new stores this year, and the pipeline is robust looking beyond 2016. We believe our differentiated, asset-light business model has our company well positioned to deliver enhanced profitability and greater value to our shareholders over the long term."

The company has 1,000 new locations committed to opening in the next seven years, with more than 500 set to open in the next three years, Rondeau told analysts in March. Of the 210 to 220 new locations expected to open in 2016, 15 are expected in Canada.

Equipment segment revenue decreased 5.2 percent to $30 million compared to the first quarter of 2015. The decrease in equipment segment revenue was related to the anticipated fewer new store openings compared to the first quarter of 2015 and was partially offset by higher re-equipment revenue, according to the earnings release. Equipment sales related to new club openings and the timing of individual new club openings can be affected by many factors, making quarter-to-quarter comparisons less meaningful, the release noted.

A new $20 million share repurchase program was announced in Tuesday's disclosure. Planet Fitness will purchase the common stock as market conditions warrant, and the program may be modified, suspended or discontinued at any time.

"The board's decision to authorize this $20 million share buyback program reflects their confidence in the strength of the Planet Fitness brand and our asset-light business model," Rondeau said in a statement.  "We believe that current volatility in our stock price provides us with opportunities to purchase our stock at prices that we believe undervalue our business. This program underscores the company's commitment to creating value for our shareholders by using our strong cash flow in the most efficient manner possible as opportunities present themselves."

Planet Fitness stock (NYSE:PLNT) traded up five percent at $16.40 per share in after hours trading on Tuesday. The stock has traded in a range between $13.23 and $20.68 per share since its initial public offering in August 2015.

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Trump says he would likely replace Yellen once her term ends – Washington Post

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This photo combo of file photos shows Republican presidential candidate Donald Trump, in New York, and Federal Reserve Chair Janet Yellen, in Washington. Trump said Thursday, May 5, 2016, he has nothing against Yellen but would likely replace her as Fed chair once her term is up, if he becomes president.

WASHINGTON — Donald Trump said Thursday he has nothing against Janet Yellen but would likely replace her as Fed chair once her term is up.

In an interview with CNBC, the likely Republican presidential nominee said he thinks it would be appropriate for him to nominate someone else to lead the Fed since Yellen is not a Republican.

“People that I know have high regard for her, but she is not a Republican,” Trump said. “When her time is up, I would most likely replace her because of the fact that I think it would be appropriate.”

President Barack Obama selected Yellen, a Democrat who was head of the Council of Economic Advisers in the Clinton administration, to succeed Republican Ben Bernanke. At the time of her nomination, Yellen was serving in the No. 2 post at the Fed.

Her four-year term as Fed leader ends on Feb. 3, 2018, but she could remain on the Fed’s seven-member board if the next president decides not to nominate her for another term as chairman. Her 14-year term as a Fed board member does not end until Jan. 31, 2024.

Trump did not signal any unhappiness with Yellen’s policies. The Fed has been keeping interest rates low until there is more evidence inflation is rising toward the central bank’s 2 percent target and the economy shows it has successfully navigated through a period of weak global growth.

The Fed boosted its key rate by a quarter point in December after keeping it near zero for seven years, but it has not raised rates again. Many economists believe the Fed may only hike rates one or two times in 2016, in part out of concerns that the prospect of higher rates in the United States could push the dollar higher and hurt exports.

Yellen “has always been a low interest rate person and I must be honest. I am a low interest rate person,” Trump said. “If we raise interest rates and if the dollar starts getting too strong, we’re going to have some major problems.”

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ES Morning Update May 12th 2016

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Futures back up to resistance again after selling off from it yesterday.

MACD's didn't turn back up early yesterday as I suggested they might but instead the drop them (and the futures) all day to get them more oversold so they could turn them back up today.

On the SPY "think or swim" charts I see a possible FP showing 208.50 as the high.  It showed up after the close yesterday and this morning we can see that the futures are up as well as the SPY before the open.  Basically that's a double top from the 5/10 high, or around 2080 on this futures chart.  So if we bust on through this falling trendline of resistance where the futures are stopped at now then we should expect that double top to be hit.  You'll have to watch both the SPY and the futures as it's possible that they could take the SPY up to hit it's FP but not the futures (rare, but possible).  Either way, what them both.

This move up could simply be just a B wave up (if it doesn't make a new high) with the A wave down yesterday.  If that's what happens I'd again look to short that double top as a C wave down should be next.  You'll have to watch closely though to make sure they don't push up past the double top as then they could get a nice bear squeeze happening.  I'd wait to see some weakness and let it rollover first.  Since the early morning and the late afternoon sessions have the most volume in them, from both buyers and sellers, I'd pay close attention to the noon time period where the bulls should have the least amount of sellers.  If they can't push through the double top during that light volume period then odds are good they will rollover and start a C wave down.

I'd also watch IWM and the QQQ's for clues of weakness or strength.  The DOW too I guess.  By the way, the move down yesterday made the right shoulder of the Inverted Head and Shoulders pattern I suggested might form several days back.  From the head to the neckline (2030-2080) it's about 50 points, so you add that to the neckline and you get an upside target of 2130... which again I don't think will happen.  I think it will fail today and we'll rollover and start that C wave down trapping the bulls looking at that IH&S pattern with that target in mind.  Simply put, I'm a seller of rallies until a real breakout over 2080 happens.  If it does then I'll bailout of my shorts.

ES Morning Update May 11th 2016

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Futures went through the falling trendline of resistance afterhours and has now fell back below it while riding the lower trendline of support in the rising channel.

MACD's got overbought on the 60 minute and 2 hour chart yesterday and have dropped since then.  The 4 hour and 6 hour have a little more room to go higher but they too are close to overbought.

Looking at all the charts I watch and studying this futures chart we should be on the last move up today before a pullback that will break that rising channel of support.  I'm not confident yet that this pullback will start any big down move as I don't think it will.  I think it will just be that move down into this Thursday/Friday for the usual low that commonly happens the week prior to the monthly options expiration (next week).  So today we should look for the futures to "try" and make a higher high then yesterday.  I give it 50/50 odds on that as we have a bear flag formed on it now while hanging on to that lower rising trendline in the rising channel.  I think we'll see it grind up that trendline early today, holding on for dear life, but I think it will break at some point today.

You can see how the MACD's had a high yesterday around +5 and are currently around the +1 zone, trying to turn back up.  They should make a lower high (maybe +2.5 to +3.0?) and then rollover allowing the futures to breakdown as well.  I'd again look to selling this move up today but not too heavily yet as we're likely just going to pullback into the end of this week.  Then the bulls will likely make another run back up early next week where I'll be looking to load the boat with bears.  Today the bulls will buy the early morning dip, and it may go make a slightly higher high?  Don't know for sure, but it certainly looks like some kind of final 5th wave up with the afterhours pullback being the wave 4 down and the squeeze up yesterday being the wave 3 up (or C wave?).  Regardless of the wave count my technicals say this should be the last wave up before a pullback happens.

How much of a pullback you ask?  Well, I really don't see much support until that choppy zone from the 9th where it went up and down many times between 2050 and 2060, so that would be my best guess for a target zone of this coming pullback.  After that the bulls should try again but I think that will happen next week.  Everyone seems to be bullish again as I look around the internet, so I'm going against the crowd here.  But that's just me, stubborn as "Stone Wall Jackson"!

Hyperloop company gets new name, $80M and global partners

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LAS VEGAS - One of the companies looking to make 750-mile-an-hour transportation a reality has just greatly accelerated the pace of its effort.

Hyperloop One, formerly known as Hyperloop Technologies, announced Tuesday that it not only changed its name but also secured an $80 million Series B investment round as well as a raft of global partners eager to explore the possibility of creating a tube-based system of shuttling people and goods between cities in capsules that float thanks to magnetic levitation science.

The round brings the company's funding to nearly $120 million. New investors include 137 Ventures, Khosla Ventures and even France's national railway, SNCF. Series A investors include Sherpa Ventures, EightVC, ZhenFund and Caspian Venture Partners.

Both the capital and partnerships announced by Hyperloop One seem to take the futuristic tech one step closer to reality, fueled in part by a need for solutions to growing infrastructure and environmental challenges.

That said, the hurdles include ensuring that such a transportation network was safe and reliable, as well as overcoming the construction headaches involved in creating hundreds of miles of tunnels or above-ground tubes.

"We are living in a window of time that is absolutely historic, the test you'll see tomorrow was just an idea three years ago," says Shervin Pishevar, managing director at Sherpa Ventures, an early Uber investor and cofounder of Hyperloop One along with Broan BamBrogan. The company's CEO is Rob Lloyd, a longtime Cisco Systems executive.

"To me, it's a moment for us to take pause and think about," says Pishevar. "Technology is moving faster than in any other time in human history. Almost impossible moonshot ideas are being executed with incredible speed, and it's private companies and not nations that are making them a reality."

Although based in Los Angeles, which is a growing hotbed of hyperloop engineering, Hyperloop One officials made the news in this desert town because they plan to demonstrate the propulsion part of their tech to investors and media on Wednesday.

The company has its test and safety facility in north Las Vegas, where some of Hyperloop One's 150 employees work on the tubes and shuttle pods that are integral to its tech. Hyperloop is aimed at being a faster alternative to automotive, train and even air travel.

At nearly the speed of sound, the 350 miles between San Francisco and Los Angeles could be covered in about 30 minutes by a capsule racing through a tube between the two cities.

BamBrogan said his company is hoping to conduct a full-scale test by the fourth quarter of the year.

Some of the more intriguing aspects of Hyperloop One's news involves the involvement of various companies focused on moving cargo, not people. In this sense, a mature and profit-generating hyperloop business is one that replaces 20th-century goods-shipping technologies such as trains and trucks.

Hyperloop One is working on a feasibility study with Arcturan Sustainable Cargo of Los Angeles to determine how its system could move shipping containers from the ports of Long Beach and L.A. to their destinations while reducing area congestion and pollution.

"We're going to build out a suite of solutions, hyperloops for palletized freight, containerized freight," says BamBrogan, formerly an engineer at Elon Musk's rocket-focused company, SpaceX. "What if you took a whole port and moved it off shore, off-load ships out there and hyperloop all of it inland and then open up the shore for what it's supposed to be, which is enjoyed by human beings,"

For passengers, he adds, "it'll be an elevator experience. It'll have the speed of an airplane but city center to city center with no turbulence or weather delays."

Hyperloop One also is partnering with Cargo Sous Terrain of Switzerland to investigate how a hyperloop tube track could conceivably be used to created a fully tunneled cargo transport system beneath that European country.

Another new partner is FS Links Ab, a company based in the Aland Islands in Finland to develop technical, commercial and policy cases for a hyperloop link between Stockholm and Helsinki.

Other players in these growing hyperloop tech sweepstakes include Hyperloop Transportation Technologies, a crowdsourced effort that has raised money and received technical input from engineers working for enterprises ranging from Boeing to NASA.

skyTran, based south of San Francisco, has a partnership with NASA and $30 million in funding. But it is focusing on building a magnetic levitation, or maglev, solution for urban traffic, with small two-person pods zipping through cities at up to 150 mph on a monorail.

Tesla CEO Musk first popularized the notion of a commercially viable hyperloop in 2013. But while SpaceX is sponsoring a student competition unfolding later this year aimed at coming up with innovative solutions to hyperloop tech problems, it will not be developing a commercial hyperloop business.

"To support this competition, SpaceX will construct a one-mile test track adjacent to our Hawthorne (Calif.) headquarters," says SpaceX spokesman Phil Larson. "Teams will be able to test their human-scale pods during a competition weekend at the track, currently targeted for Summer 2016. The knowledge gained here will continue to be open-sourced."

Pishevar told the story of flying to Cuba with Musk some years ago, during which Musk said he was "a little busy trying to get to Mars and building Teslas, so he told me to go for it."

But, he added, "to make this a reality we need a movement." To that end, the company also announced the Hyperloop One Challenge, which will solicit ideas for working around issues that might stymie hyperloop. The deadline for ideas is September 15, and winners will be announced in March of 2017. Winning ideas will be incorporated into the first rollout of hyperloop.

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Uber agrees to drivers guild in New York City

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(FILES): This file photo taken on March 10, 2016 shows a man checking a vehicle at the first of Uber's 'Work On Demand' recruitment events where they hope to sign 12,000 new driver-partners, in South Los Angeles Uber and Lyft are eviscerating the taxi industry in Los Angeles three years after they began operating in the city, officials say. Thanks to the ridesharing services, which enable independent drivers to offer rides via a smartphone application, "taxicab service demand indicators have dropped (total trips and dispatch trips) beginning in the second half of 2013 and increasing through 2015," according to a report by Department of Transportation seen by AFP on April 14, 2016. / AFP PHOTO / Mark RalstonMARK RALSTON/AFP/Getty Images Photo: MARK RALSTON / AFP or licensors
(FILES): This file photo taken on March 10, 2016 shows a man checking a vehicle at the first of Uber's 'Work On Demand' recruitment events where they hope to sign 12,000 new driver-partners, in South Los Angeles Uber and Lyft are eviscerating the taxi industry in Los Angeles three years after they began operating in the city, officials say.

Thanks to the ridesharing services, which enable independent drivers to offer rides via a smartphone application, "taxicab service demand indicators have dropped (total trips and dispatch trips) beginning in the second half of 2013 and increasing through 2015," according to a report by Department of Transportation seen by AFP on April 14, 2016.

Uber agreed to start a guild for 35,000 drivers in New York that will help them negotiate with the ride-hailing company, though the group will have less power to resolve disputes than a full-fledged union.

All current and future Uber drivers in New York City will be represented by the Independent Drivers Guild, a newly created affiliate of the International Association of Machinists District 15, according to the union. Under terms of the five-year contract with Uber, drivers will have a more unified voice to lobby locally and to negotiate with the San Francisco company.

“The guild is the first of its kind,” James Conigliaro Jr., the founder of the Independent Drivers Guild, said on a conference call after the announcement. “Drivers need immediate support, and we truly believed it was our responsibility to create a structure to help independent drivers in New York.”

With more than $10 billion in capital raised to fund global expansion of its service, Uber has faced pushback from regulators and drivers, while dealing with lawsuits and challenges for workers to organize and receive employee status. In December, Seattle became the first city in the country to allow drivers for ride-hailing services to form unions, prompting the U.S. Chamber of Commerce to sue the city.

Uber recently agreed to settle a class-action lawsuit brought by drivers in Massachusetts and California. Uber agreed to pay up to $100 million as part of the settlement. The company held firm on its argument that drivers are independent contractors and therefore are not entitled to benefits, such as paid sick days and Social Security benefits.

The New York guild’s power to resolve some of drivers’ main gripes with Uber is limited. The group, which is partially funded by Uber, won’t be able to turn to the National Labor Relations Board, for instance, to intervene on issues. The guild will have little power to negotiate over fares. Independent contractors are legally prohibited from collectively bargaining.

Conigliaro said the union had previously tried other structures to give drivers a voice but that it ultimately decided a new framework was necessary. It began discussions with Uber in late 2015, the union said.

“The formation of this guild provides the best structure to drivers in the industry,” Conigliaro said.

According to terms of the agreement, Uber’s management will hold monthly meetings with drivers. The workers will also have access to discounted benefits, including life and disability insurance, roadside assistance and education. Drivers in the city who get banned by Uber, known as “deactivation,” will also have the ability to appeal some of these decisions and can request guild representation during the process.

Harry Campbell, who runs a popular blog for Uber drivers, said there are more pressing issues on drivers’ minds.

“Right off the top of my head, I can think of three things more important to drivers than the deactivation policy,” he said. Low fares, how much Uber takes from those fares and the ability to receive tips through the app are among the main concerns.

Campbell also questioned the guild’s independence. Matt Kallman, a spokesman for Uber, declined to say how much Uber would be paying to support the group. The International Association of Machinists will foot some of the administrative and other costs, Kallman said. Drivers will not be required to pay dues to join the group, he said.

Helping establish a guild is a savvy decision by Uber, said Arun Sundararajan, a professor at New York University’s business school who’s writing a book titled “The Sharing Economy.” “They’re nurturing their relationship with their drivers,” he said. “It seems like a smart move.”

Uber emphasized that the new organization could help the company better communicate with drivers. “Communication is important,” said David Plouffe, Uber’s chief adviser and a former senior adviser to President Obama. “On price cuts, we haven’t always had the best forum to discuss and share data — how price cuts work, what we see afterward.”

The guild and Uber said they will work together to lobby for the company to reduce the taxes it pays in New York, bringing them more in line with those for taxis and private for-hire drivers. If successful, the company’s savings would be passed on to the guild and to drivers, Uber said. Under the agreement, the guild would set up a benefits fund that would provide drivers with paid time off, retirement savings accounts or other benefits.

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J.C. Penney (JCP) Stock Rated ‘Hold’ at Jefferies

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NEW YORK (TheStreet) -- Shares of J.C. Penney  (JCP - Get Report) are down 4.21% to $8.07 late Tuesday afternoon as Jefferies rated the stock "hold" this morning with a $9 price target.

The firm made the decision citing "a challenging retail environment that may hinder progress."

The Plano, TX-based department store retailer is on the "road to recovery" after being placed under new management, a move that helped drive market share gains, Jefferies analysts said in an investor note.

J.C. Penney announced yesterday plans to expand its new appliance showroom concept to 500 stores nationwide after a successful test in February at 22 stores.

Beginning in early July through the fall, J.C. Penney will introduce major appliances to new stores every week. Consumers will have the option to buy these appliances on the company's website, starting late summer.

"We are encouraged by the progress made over the past year and see significant opportunity ahead," Jefferies stated.

J.C. Penney came under fire last Friday when the New York Post reported the retailer has been heavily cutting back on employee hours, among other things, in an effort to save money.

The company plans to report 2016 first quarter results before Friday's market open.

Separately, TheStreet Ratings rated J.C. Penney as a "hold" with a score of C-.

TheStreet Ratings objectively rated this stock according to its "risk-adjusted" total return prospect over a 12-month investment horizon.

Not based on the news in any given day, the rating may differ from Jim Cramer's view or that of this articles's author. TheStreet Ratings has this to say about the recommendation:

The primary factors that have impacted this rating are mixed - some indicating strength, some showing weaknesses, with little evidence to justify the expectation of either a positive or negative performance for this stock relative to most other stocks.

The company's strengths can be seen in multiple areas, such as its revenue growth, good cash flow from operations and solid stock price performance. However, as a counter to these strengths, TheStreet Ratings also finds weaknesses including unimpressive growth in net income, generally higher debt management risk and poor profit margins.

You can view the full analysis from the report here: JCP

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Budweiser’s new name taps American patriotism

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new Budweiser can Budweiser cans will be relabelled with the name 'America' through November.

Budweiser beer plans to rebrand its cans for the summer in a bid to capture the patriotism of US consumers.

The beer will have its name changed to "America" from May to September.

Budweiser is hoping to capture the patriotic spirit of Americans focused on events like the US election, summer Olympics, and Copa America Centenario.

This is not the first time Brazilian-run, Belgium-based parent company, Anheuser-Busch InBev, has redesigned its labels to feature American icons.

Ab-Inbev has run pictures of the Statue of Liberty and the American flag on Budweiser's labels in previous summer promotions.

The Belgian-Brazilian company control's nearly 25% of the world's beer market.

North American is Ab-Inbev's most profitable market. In its 2015 financial report the company said it planned to invest in more marketing campaigns to boost sales of its brands including Budweiser.

"We are increasing our investments in sales and marketing programs that build on each brand's distinct image and consumer positioning," the company wrote in its report.

Beer sales typically spike between the end of May and the beginning of September and AB-InBev's hope is that the new labelling may allow Budweiser to attract even more American consumers.

The writing on the cans will look the same as the script used to write Budweiser. The can will get a full makeover with everything rewritten to have a patriotic US slant - even the words "trade mark registered" will be replaced with "Indivisible since 1776".

In a statement, Budweiser vice president Ricardo Marques said: "Budweiser has always strived to embody America in a bottle, and we're honoured to salute this great nation where our beer has been passionately brewed for the past 140 years."

The company has also launched targeted marketing campaigns in other regions. Budweiser bottles were redesigned for New Year in China and linked to football and music events in the UK.

Budweiser's nationality

US Budweiser was created in St. Louis, Missouri in 1876.

Due to a trademark battle, Ab-Inbev has to market the beer as "Bud" in many countries in the European Union, excluding Ireland, the UK and Spain.

The Czech beer-maker Budweiser Budvar Brewery controls the name in the other EU countries.

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JCPenney Goes Whole-Hog Into Appliances

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JC Penney, which announced back in January that it was re-entering the appliance business, has just unveiled how big its ambitions to conquer the home market really are. Besides selling appliances in 500 stores and online, it’s also adding a major curtain initiative, and testing new furniture and flooring partnerships. The moves potentially make it as much a competitor of the Home Depot and Lowe’s as it already is of Sears, Macy’s and Kohl’s.

The Plano, Tex.-based retailer says the appliance rollout follows a three-market test, involving 22 stores. Calling the results of the pilot “outstanding,” CEO Marvin R. Ellison says in the announcement that the pilot “confirmed that we should not limit our business to apparel and soft home in order to achieve significant revenue growth.”

Observers say JCPenney’s play will shake up the market. The move “will likely target customers from fellow mall retailer Sears, which had long dominated retail sales of consumer appliances,” says Ryan Tuttle, a research analyst at Euromonitor, who follows appliance sales. “And Ellison’s experience at Home Depot, one of the largest retailers of major appliances in the U.S., is likely to be invaluable.”

At the same time, JC Penney announced that earnings, which it expects to announce later this week, have again exceeded expectations. “Financing of big ticket appliances could be a major driver for sales on store credit cards, helping to drive loyalty to the retailer as it continues its recent sales turnaround,” Tuttle tells Marketing Daily in an email.

Appliance sales, closely tied to the ups and downs of the housing market, have been gaining, with Best Buy, for example, citing them as a growth category. But the gains are small, with Euromonitor reporting a 2% volume increase in 2015, with major appliances up 4%. Tuttle says more than 60 million major appliances were sold in the U.S in 2015 at retail, accounting for $38.4 billion.

JC Penney has been out of the appliance business since the early 1980s.

Sales have been slipping away from department stores, with the once-dominant Sears losing ground to Lowe’s, the Home Depot and the Internet. But Sears, despite its well-publicized struggles, hasn’t gone away. In its latest results, it claims to still be the leader in home appliances, and last year launched an expanded suite of Kenmore appliances. It has also reassured investors, in the face of ongoing speculation about its future, that it has negotiated contracts for Kenmore “across all major suppliers through the end of 2018.”

In addition to its plan to sell America more stoves and washers, Penney says it is increasing the space it gives to window coverings by 25%, adding an open-selling design that offers curtains, blinds, shades and decorative hardware.

The chain also says it is testing two new concepts, including an initiative with Ashley Furniture, called Signature Design by Ashley, and a flooring partnership with Empire Today, testing flooring solutions in Tampa, Fla., and Washington, D.C. this summer. (Empire Today will act as an independent operator in the 750-square foot units.)

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Should You Buy Dean Foods Stock Now? Here’s What You Need to Know

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It's only Tuesday, but already it's been a good week for Dean Foods (DF - Get Report) , America's largest dairy products manufacturer. Just back in March, the stock was tanking as investors fled following a negative report from Morgan Stanley. But a positive earnings report and an announcement of a major acquisition sent the stock upward on Tuesday. Are these gains meant to last, or are they just a temporary upswing for an otherwise beleaguered company?

Back on March 22, Morgan Stanley reiterated its "underweight" rating on Dean Foods stock, citing the company's risk for margin contraction. And around the same time, Walmart, Dean Foods' biggest client by volume, announced that it would be opening its own milk-processing operation. Shares fell by 12% in a single session.

But now the company is singing a new tune. Dean, which owns more than 50 regional brands (such as Land O'Lakes butter), reported first-quarter earnings that beat Wall Street forecasts. Whereas analysts on average expected adjusted earnings per share of 38 cents, Dean reported adjusted EPS of 45 cents. This is an 87.5% year-over-year increase and marked the fifth consecutive quarter of growth.

But the company also announced that it will be purchasing the manufacturing and retail business of Friendly's Ice Cream from private equity firm Sun Capital Partners for $166 million in cash.

"We are thrilled at the prospects the Friendly's Ice Cream acquisition brings to Dean Foods," CEO Gregg Tanner said in a news release. "The Friendly's brand will be a catalyst in our strategy to grow our existing ice cream business and branded portfolio."

Friendly's packaged ice cream currently retails in more than 7,500 supermarkets around the country. The acquisition will give Dean Foods a bigger footprint in this market.

Sun Capital Partners will still own and operate Friendly's restaurant locations.

Shares of Dean Foods shot as high as $19 today but have since retreated to near $18, which happens to be Morgan Stanley's price target for the stock. But it's not time to pile into this discount stock just yet.

Dean Foods may have a solid history of positive earnings, and the company may have a strong portfolio of dairy brands. But the stock has been volatile and still carries a fair share of risk. But Dean Foods is improving, making strides in its efforts to ease its debt load. For the quarter, the company's net debt-to-EBITDA ratio improved to 1.72 times.

It's not a stock investors should avoid at all costs or start selling off. Instead, Dean Foods is worth keeping an eye on. Should the company find success with its Friendly's acquisition, and should Dean Foods solve its Walmart problem, Dean Foods could become a sweet investment. Until then, sit tight.

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