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  • Breaking Down Barclays Success in Lehman Deal

    Three years ago, as we were wondering whether we were witnessing the complete meltdown of the financial services industry, Bank of America bought Merrill Lynch and Barclays took over the bankrupt Lehman Brothers. Steven Davidoff --professor at the Michael E. Moritz College of Law at The Ohio State University--looks back at those deals, and he argues Barclays won, and Bank of America did not. And the primary reason, Davidoff writes at the New York Times DealBook blog, is because Barclays was more patient: Things would have been different had Bank of America waited. It would at a minimum have paid a bargain basement price for Merrill, one that was tens of billions lower at least. There is still some talk of spinning off Merrill Lynch. The operations of Merrill have already been combined with Bank of America, so a real separation would be complicated. And the recent reorganization of the bank’s management — which puts Merrill Lynch’s wealth management business under David Darnell, the co-chief operating officer, but Bank of America-Merrill Lynch under the other chief operating officer, Tom Montag — also makes a split more difficult. Ultimately, Barclays made a better deal by doing what should be done in an acquisition, carefully assessing the future liabilities and limiting them as much as possible. But let’s be clear. Barclays did this only because it was forced to by the regulator. The first lesson of Bank of America and Merrill Lynch is that impatience and a chief executive’s hubris can lead to some very bad decisions. And regulators can sometimes stop these heady moves. Read The Merrill Lynch and Lehman Deals, 3 Years Later here .
  • Michael Hitt: Blockbuster 'Could soon possibly be another Polaroid'

    The bankruptcy watch is on at Blockbuster , the movie rental company that reported first quarter losses of $65.4 million. So how did the once dominant company lose its power? And how is it that upstart Netflix was able to cut into Blockbuster's business so successfully? It wasn't all about a shift from DVD's and storefronts to digital delivery of films. Fast Company 's Austin Carr wrote recently about the management style of Blockbuster CEO Jim Keyes , and shared some sharp criticism from shareholders and business scholars: "Between the time Keyes took on the reins as CEO of Blockbuster and today, the price of Netflix stock is up 500% and the price of Blockbuster stock is down about 90%," says Greg Meyer, one of the company's largest shareholders, who is currently battling to gain a seat on the board of directors . Meyer, the former owner of kiosk company DVDXpress, drew a line in the sand Tuesday, threatening that if he's not voluntarily named to the board, he will launch an election campaign for a seat . "Investors in Blockbuster have been the victims of a massive destructive of shareholder value while Netflix shareholders have been beneficiaries of a very smart, focused, and visionary management team," Meyer tells FastCompany.com. "I think it would be more productive for Keyes to try to learn from the success of Netflix rather than criticizing this company which has executed consistently and managed to gain millions of highly loyal subscribers." Meyer isn't the only one voicing concern about the CEO. "Given that Netflix is dramatically outperforming Blockbuster, our belief is that [his] public criticisms are oriented to driving attention away from Blockbuster's poor performance relative to Netflix's accomplishments," wrote professors Duane Ireland, Michael Hitt, and Robert Hoskisson to me in an email, co-authors of Strategic Management: Competitiveness and Globalization . "These criticisms are quite unlikely to benefit Mr. Keyes or Blockbuster. If anything, we think these criticisms will prove to be counterproductive." "I think Blockbuster is teetering on the brink," added professor Hitt, who guesses Keyes's vocalness derives from internal power politics. "This company could soon possibly be another Polaroid." Read Is a Brash Management Style Behind Blockbuster's $65.4M Quarterly Loss? here .
  • GM Posts First Quarter Profit

    After going all of 2008 and 2009 without a single profitable quarter, General Motors has some very good earnings data. One year after filing for bankruptcy, GM posted a first quarter profit of $865 million. Detroit News reporter Robert Snell writes that much of that profit was generated in North American sales, as GM has faced some difficult times in Europe and other overseas markets. The strong quarter could also mean good news on the jobs front, as production is on the rise. Snell: The positive financial results released Monday coincided with a dramatic increase in production. GM built 668,000 vehicles from January through March, 80 percent more than a year earlier. Operating income was $1.2 billion during the first quarter, when GM posted revenue of $31.5 billion, a 40 percent increase. GM also generated $1 billion in free cash flow during the quarter. GM's last quarterly profit came in the second quarter of 2007, when it earned $891 million. The company's stint in bankruptcy court last summer helped lower GM's break-even point as the automaker shed brands, factories and slashed thousands of jobs. One quarter does not a turnaround make. As Wall Street Journal Detroit Bureau Chief Neal Boudette points out, the profit is still well under half of what Ford earned during the quarter. Still, Boudette says this is news is a very positive sign:
  • California Nightmare: The Golden State Budget and Unemployment Struggles

    The Guardian's Paul Harris looks at California's predicament--climbing unemployment that is already the worst in 7 decades, a teetering state budget, huge cuts in education and health care--and asks whether the Golden State might be America's first failed state. Harris writes: Some of the state's leading intellectuals believe this collapse is a disaster that will harm Californians for years to come. "It will take a while for this self-destructive behaviour to do its worst damage," says Robert Hass, a professor at Berkeley and a former US poet laureate, whose work has often been suffused with the imagery of the Californian way of life. Now, incredibly, California, which has been a natural target for immigration throughout its history, is losing people. Between 2004 and 2008, half a million residents upped sticks and headed elsewhere. By 2010, California could lose a congressman because its population will have fallen so much – an astonishing prospect for a state that is currently the biggest single political entity in America. Neighbouring Nevada has launched a mocking campaign to entice businesses away, portraying Californian politicians as monkeys, and with a tag-line jingle that runs: "Kiss your assets goodbye!" You know you have a problem when Nevada – famed for nothing more than Las Vegas, casinos and desert – is laughing at you. This matters, too. Much has been made globally of the problems of Ireland and Iceland. Yet California dwarfs both. It is the eighth largest economy in the world, with a population of 37 million. If it was an independent country it would be in the G8. And if it were a company, it would likely be declared bankrupt. That prospect might surprise many, but it does not come as news to Tuua, as she glances nervously into the warming sky, hoping her parents will not have to wait in the car through the heat of the day just to see a doctor. "It is so depressing. They both worked hard all their lives in this state and this is where they have ended up. It should not have to be this way," she says. The article is not all doom and gloom. Some think the economic downturn could force California to become a leader in sustainable communities, and with its history as an innovation center, this is not hard to imagine. Read Will California become America's first failed state? here .
  • Harvard Med Study: 'Personal Bankruptcies From Serious Illness Rise 50% from 2001'

    As Washington debates health care reform, more and more American are going bankrupt-- 6,000 a day in May according to USA Today . And the two issues appear to be closely linked. A new Harvard study concludes that at least 62% of people who filed for personal bankruptcy in 2007 did so after serious medical illness. That constituted a 50% rise from 2001. And in 1981, only 8% of personal bankruptcies were due in part to medical illness. Middle class Americans seem to be most susceptible. "60.3% had attended college and 66.4% owned a home. 20% of families included a military veteran or active duty soldier." Most of those individuals and families that went bankrupt had medical insurance, according to the report: 77.9% of the individuals whose illness led to bankruptcy had health insurance at the onset of the bankrupting illness; 60.3% had private insurance. 69% of debtor families had coverage at the time of their bankruptcy filing 60% of families had continuous coverage Only 0.3% of the uninsured went without coverage voluntarily, i.e. because they though they didn't need it - most others couldn't afford it. The lead author of the study is David Himmelstein of Harvard Medical School. Elizabeth Warren , who before she chaired the Congressional Oversight Panel rose to prominence as a personal bankruptcy expert at Harvard Law, is also an author of the report. The full study will be published in the August issue of The American Journal of Medicine , but most of the data is available here .
  • GM Execs Blog their Restructuring

    Many a keyboard was pounded yesterday as bloggers, reporters, analysts, and countless others wrote about General Motors as it filed for bankruptcy. But in this day and age, a company doesn't need to just sit idly by while others write its narrative. GM is going straight to the hungry news consumer itself--with a new blog. GM's Fastlane Blog is allowing (pushing?) executives to communicate its restructuring plans with the general public--or at least the part of the general public that seeks it out. For example, CEO Fritz Henderson wrote a post yesterday in which he announced more interactivity: We’re committed to open communications and I am personally putting a high priority on transparency. One way we’ll do this is by launching a series of live web chats on this website. I’ll kick things off later this week for one hour on Thursday, June 4 at 3 p.m. EDT. Following me, a steady stream of GM leaders from throughout the company will host additional chats, about two a week, on whatever topics are of most concern to you. The blog is set up to compliment a site called re:invention , which is full of videos that tout the new GM approach.
  • General Motors Files for Bankruptcy

    General Motors , as expected, filed for bankruptcy protection this morning . This comes on the same day that Chrysler appears set to emerge from bankruptcy protection--just 31 days after filing. GM hopes to reemerge in 60-90 days. Michigan Governor Jennifer Granholm told CBS's Early Show that she hopes Chrysler has "pav[ed] the path for emerging from bankruptcy in record fashion," and that today marks the end of "a slide that's been occuring since the year 2000": General Motors, with $91 Billion in assets, is now the largest manufacturer to go bankrupt in US history. The automaker comes in at number 4 overall. Five of the top 10 bankruptcies have come since the beginning of the crisis last September: CNNMoney.com has put together brief synopses of the top ten bankruptcies. Read The 10 Largest U.S. Bankruptcies here .
  • Bankruptcy M&A Rate Up and Rising

    A couple of weeks ago, we posted the news that mergers and acquisitions were down to start 2009 . But there is one type of merger and acqusition that is on the rise in this economy: those that are bankruptcy related. According to the Financial Times--which looked at data from Thomson Reuters for the report--there have been 67 M&A deals where the target company was in "bankruptcy of administration proceedings." This is the highest level globally since August of 2004, and, according to the FT, restructuring practitioners expect the number to keep going up: Among the highest-profile deals were those of Delphi , the US car parts maker that recently sold its brakes and suspension business to a Chinese buyer, and BearingPoint , the US technology consultancy that sold its government operations to Deloitte. Practitioners around the world forecast that the number of transactions involving distressed companies must rise further. “We’ve only just begun,” said Gregory Milmoe, a US restructuring partner at Skadden, the law firm. “Given the dearth of capital and the substantial increase in the number of companies that will be troubled, one would expect the M&A rate to increase dramatically.” The 34 bankruptcy-related M&A deals in March pales in comparison with the montly peak of 87 back in July of 2002. The majority of the deals have been in the United States and Japan, where bankruptcy rules allow companies to operate as they reorganize. The industrial and retail sectors have led the way, but the deals have not been isolated in those areas. See the breakdown below: Read the full article here .
  • Yahoo Finance Picks 15 Companies in Trouble in 2009

    Yahoo Finance reporters looked at ratings data from Moody's Investors Services to project companies in serious danger of going under this year. Moody's has predicted that the default rate on corporate bonds will triple this year against 2008 (and be 15 times higher than 2007), and if that is true, we are sure to see many many bankruptcies. The Yahoo list is full of familiar names, with several in fields that have been hardest hit by the slowdown in consumer spending (Chrysler, Six Flags, clothing retailer Loehmann's). But there are other common threads. Most of these firms have limited cash for a rainy day, and a lot of debt, with large interest payments due over the next year. In ordinary times, it might not be so hard to refinance loans, or get new ones, to help keep the cash flowing. But in an acute credit crunch it's a different story, and at companies where sales are down and going lower, skittish lenders may refuse to grant any more credit. It's a terrible time to be cash-poor. Check out the full list here .
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