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Contents

Kmart’s MyGofer worth the wait
(March 31, 2010)


Wal-Mart's Grocery Sales Expand
(March 31, 2010)

Retailers testing out the drive-through lane
(March 31, 2010)


Predicts growing enterprise at Sears
(March 29, 2010)

The Truth About the Healthcare Bills
(March 28, 2010)


Sears Field Report
(March 26, 2010)

Court says Sears chairman Lampert can be deposed
(March 26, 2010)

Sears and Kmart shrink, but survive
(March 26, 2010)

Lampert Is Stuck With Sears as U.S. Property Market Crumbles
(March 25, 2010)

The ObamaCare Crossroads
(March 20, 2010)

The Health-Care Wars Are Only Beginning
(March 18, 2010)


Sears, Kmart make sales pitch on Twitter
(March 18, 2010)

Willis Tower owners rethinking $350-million ‘green’ project: suit
(March 17, 2010)

Slaughter House Rules
How Democrats may 'deem' ObamaCare into law, without voting

(March 16, 2010)

Strategy of posting jobs on Twitter snares another big name: Sears
(March 16, 2010)


Wal-Mart to Add Money Centers
(March 15, 2010)


Where Our Stimulus Money is Going
(March 12, 2010)

Mygofer and Kmart, a new kind of retailer?
(March 10, 2010)


Bruce J. Graham, Chicago Architect Who Designed Sears Tower, Dies at 84
(March 10, 2010)


Apostle of Architecture's Power Left Mark on Chicago Skyline
(March 10, 2010)

Bruce Graham, architect of Willis Tower and John Hancock Center, dies at age 84
(March 9, 2010)

Macy’s wrapping it up on gift-wrapping
(March 5, 2010)

Opinion Declarations:  What a Disaster Looks Like
(March 5, 2010)


President Launches Last Push on Health-Care Overhaul
(March 4, 2010)

Paul Ryan v. the President
The Republican dissects ObamaCare's real costs. Democrats stay mute.

(March 4, 2010)

Dissecting the Real Cost of ObamaCare
(March 4, 2010)

Jeep enters Sears store
(March 3, 2010)

Sears finally focuses on retailing
(March 2, 2010)

Inside Eddie Lampert's Brain:
His Plan to Make Sears Both Bigger and Smaller

(March 1, 2010)


With new name, tenants and amenities, the shine is back on Willis Tower
(March 1, 2010)

Women buying clothes for themselves again
(Feb. 26, 2010)


Book Excerpt: Denial at Sears
(Feb. 26, 2010)


Kohl's Commands A Lead As An Expansion-Minded Retailer
(Feb. 26, 2010)

Sears to offer first 3D capable TVs: report
(Feb. 25, 2010)


Judge Rings Up Former Kmart CEO For $10M
(Feb. 25, 2010)

Wal-Mart Sets Plan To Cut Gas Emissions
(Feb. 25, 2010)

Sears's Lampert Is Feeling Testy
(Feb. 24, 2010)

Sears Posts Profit Jump
(Feb. 24, 2010)

Home Depot Undergoes Renovation
(Feb. 24, 2010)


Sears Holdings delivers its best profit in 3 years
(Feb. 24, 2010)

Retailers Profits Rise, but Customers Hold Back
(Feb. 24, 2010)

Why Sears Is Rebranding Kenmore
(Feb. 24, 2010)

Sears logs best quarter in 3 years,
Chairman Lampert answers critics of his strategy

(Feb. 23, 2010)

Sears Profit More Than Doubles
(Feb. 23, 2010)

Sears has best quarterly profit in 3 years
(Feb. 23, 2010)

ObamaCare at Ramming Speed
(Feb. 23, 2010)


Chairman's Letter
(Feb. 23, 2010)

Sears Profit Soars on 2008 Items; Kmart Improves Again
(Feb. 23, 2010)

Sears profit more than doubles, revenue slips
(Feb. 23, 2010)

Sears Closing 8 Namesake Stores,
13 Kmarts Across US
(Feb. 22, 2010)

Sears Pitching Kenmore To Competitors
(Feb. 22, 2010)

Sears' Eddie Lampert moves closer to long-awaited cash-out
(Feb. 22, 2010)

Sears retools brand plan, will sell Craftsman at Ace stores
(Feb. 21, 2010)


Daniel J. Danhauer
(Feb. 21, 2010)

Penney Offers Upbeat View, Sending Shares Higher
(Feb. 20, 2010)

Health Backlash in the States
The provinces revolt against loss of choice.

(Feb. 20, 2010)

Sears to close 8 stores
(Feb. 19, 2010)

Sears Agrees To Sell Craftsman Tool Brand At Ace Hardware
(Feb. 19, 2010)

Ace Hardware signs on to sell Craftsman
(Feb. 19, 2010)

J.C. Penney Offers Improved Outlook
(Feb. 19, 2010)

The Oscar for Best Retiree Goes to...
(Feb. 19, 2010)

Wal-Mart Foresees Soft Sales Ahead
(Feb. 19, 2010)

Sears Begins Franchising of Its Auto Centers
(Feb. 18, 2010)

Sears Begins Franchising Of Its Auto Centers
(Feb. 18, 2010)

Sears will franchise auto centers
(Feb. 18, 2010)

Wal-Mart's Profit Rises 22%; Current-Quarter Outlook Is Weak
(Feb. 18, 2010)


Did Wal-Mart's Price Cuts Help Bag Sales?
(Feb. 18, 2010)

With Big Takeover Bid, Simon Aims to Control 30% of U.S. Malls
(Feb. 17, 2010)


Simon Bids for General Growth
(Feb. 16, 2010)

Simon makes $10B offer for General Growth
(Feb. 16, 2010)

Sears Holdings Names President of Kmart Apparel Business Unit
(Feb. 15, 2010)


Discover to Pay $775 Million
(Feb. 13, 2010)


Sears Canada turns to Web for ‘endless aisle'
(Feb. 12, 2010)

DieHard accessories to be sold outside Sears stores
(Feb. 12, 2010)

Sears to let other retailers sell DieHard brand
(Feb. 11, 2010)


Sears Reaches Agreement With Schumacher Electric to Sell DieHard(R) Brand Products
(Feb. 10, 2010)

Allstate swings to quarterly net profit of $518 million
(Feb. 10, 2010)

Judge Divides Up the Money in Sears' Record-Setting ADA Settlement
(Feb. 9, 2010)

Will Walmart, not Whole Foods, save the small farm and make America healthy?
(March 2010)

Frank O'Reilly
(Feb. 10, 2010)


Ten GOP Health Ideas for Obama
(Feb. 10, 2010)


Court Approves $6.2 Million Distribution in EEOC vs Sears Disability Settlement
(Feb. 9, 2010)

Allstate Denies Plans to Terminate 3,000+ Agents
(Feb. 8, 2010)


Retailers Continued Comeback Into January
(Feb. 5, 2010)

Wal-Mart laying off 300 workers at Arkansas HQ
(Feb. 3, 2010)

Social Security could be next to need a bailout
(Feb. 2, 2010)

Allstate Agent Association: Company to Terminate 3,000 Existing Agents
(Feb. 1, 2010)

5 Questions for Thomas Wilson
(Feb. 1, 2010)

Allstate may shed 20% of its agents
(Jan. 31, 2010)

Five myths about America's credit card debt
(Jan. 31, 2010)

Walmart, others cut TV prices in Super Bowl run-up
(Jan. 29, 2010)


Wal-Mart Combining Some US Units In Streamlining Move
(Jan. 28, 2010)

Is This Guy the Next Buffett?
(Jan. 27, 2010)


Retailers try new survival strategies for 2010
(Jan. 26, 2010)

Sears Holdings: Leave It on the Shelf
(Jan. 25, 2010)


The Worst Stocks for 2010: Sears Holdings
(Jan. 22, 2010)

Former Kmart Chief Conaway Loses Bid to Reverse Jury Verdict
(Jan. 21, 2010)


Struggling Sears Scrambles Online
(Jan. 15, 2010)


Founding Prodigy Chief Created Online Services for Consumers
(Jan. 13, 2010)

Sears makes retail change
(Jan. 13, 2010)

Lampert Fiddles While Stores Burn
(Jan. 13, 2010)

Sears Holdings Names President of Retail Services Business Unit
(Jan. 12, 2010)

Sears names Wal-Mart veteran Haworth to run retail services
(Jan. 12. 2010)

Sears reveals online "Market Place"
(Jan. 8, 2010)

Sears expands online efforts
(Jan. 7, 2010)

Sears Holdings expects 4Q gains on Kmart strength
(Jan. 7, 2010)

Sears sees profit above estimates
(Jan. 7, 2010)

Several Retailers Boost Forecasts
(Jan. 7, 2010)

Liddy rejoins private equity firm
(Jan. 6, 2010)

Morgan Stanley Wins Ruling vs. Discover
(Jan. 6, 2010)

Sears Epic Pricing Error Leaves Hundreds With Canceled Snowblower Orders
(Jan. 5, 2010)


A Sure Sign of Excess: The World’s Tallest Building
(Jan. 5, 2010)

Two Dowdy Clothing Brands Go for Vogue
(Jan. 2, 2010)

 

 

Breaking News

January 2010 -  March  2010

Kmart’s MyGofer worth the wait
Chicago Tribune
March 31, 3020

Cotton balls: Image Essentials, triple size, 100 count, 99 cents
Diapers: Huggies Supreme Little Snugglers newborn, 36 count, $9.99.
Paper towels: Scott, mega roll, 1-ply, $6.45
Laundry detergent: Tide 2X-concentrated, original scent, 50 oz., $7.99
Milk: Horizon Organic 2%, half-gallon, $3.50
Cat litter: Scoop Away clumping, fresh scent, 20 lbs., $8.69
Boys gym socks: Adidas half-cushion quarter gym socks, 6 pairs, $9.99
Paper shredder: Aurora 6-sheet strip-cut, with basket, $19.99
Body wash: Dial Clean & Refresh antibacterial, spring water, 18 oz., $4

Shopping experience
Overall impression: Offers the widest range of merchandise, from toilet paper to televisions, and perks like free gift wrap. Sends a text message when your order is ready and lets you pick up anytime after that. The Web site was a mix of cool and clumsy. The site was slow and didn't allow me to keep a constant eye on what was in my cart, so I wound up ordering the same item two or three times and then removing the duplicates when I clicked on "My Cart" to review my list. Yet, the help lines, both online chat and by phone, were easy and responsive. The site also had a touch of whimsy. When I searched for " St. Patrick's Day," the 39 results included Lucky Charms cereal, emerald stud earrings, a can of corned beef and a green Apple iPod Nano. A "shopping list" tab allowed me to enter my shopping list and search for all the products in one click. The pickup went smoothly, except for a complex ATM-like machine that offered too many options that aren't clearly marked. I could punch in my order number, scan the bar code from my receipt or type in my phone number. A clerk came out quickly, and then I drove to a parking spot to wait. Another clerk rolled out a cart and loaded the goods. Since the purchase had been completed online, there was nothing to sign, a feature that would make it easy for me to ask someone else to pick up my order. And I drove away with a complimentary 24-pack of bottled water and a 25 percent coupon on my next purchase.

Fees: none

Pickup time: 8 a.m. to 11 p.m. A text message is sent when your order is ready, within minutes if the item is in stock. The Web site tells which items not in stock will be available later that day and which will take longer to get.

Items available: More than 20,000 available for immediate pickup, including groceries, baby needs, cosmetics, computers and electronics, appliances, music, movies, videos games and toys. Hundreds of thousands items can be shipped to the store for pickup later.

Locations: Joliet. (Orders also can be picked up at the MyGofer counters inside 150 Kmart stores.)

Payment methods: Credit, debit, MyGofer gift card, Paypal

Web site: mygofer.com

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Wal-Mart's Grocery Sales Expand
By Karen Talley - Dow Jones Newswire
March 31, 2010

Wal-Mart Stores Inc. for the first time has drawn more than half its annual U.S. sales from groceries, as the retailer's aggressive push in food and other consumables is paying off.

Groceries accounted for 51% of Wal-Mart's $258.2 billion in U.S. sales last year, up from 49% the year before.

Wal-Mart has been ratcheting up efforts to convert existing stores into supercenters, 100,000 square foot stores that sell consumables in addition to clothing, electronic products and household furnishings.

Last year was the first year in memory that Wal-Mart did not open any standard discount stores. It instead converted 86 existing locations into supercenters as well as opening 49 new supercenters.

The retailer now operates 2,750 supercenters in the U.S., while paring back its traditional discount stores to 803 from 1,350 five years ago. Wal-Mart also has been lowering shelves and widening aisles throughout its stores as part of a program to make the shopping experience more appealing.

The drive to offer more groceries is appealing to certain retailers, especially as consumers are still a bit skittish about discretionary purchases. Target Corp. is making a big push into groceries by converting existing stores to sell food and incorporating fresh produce and food at newer ones.

"Food goes up as a percent of sales in a recession when sales of everything else are in a slump," said Bernard Sosnick, retail analyst at Gilford Securities. "In an economic recovery you may see a bit of a see-saw as spending grows for more discretionary items."

Wal-Mart is still determined to keep groceries a priority because they are such a powerful draw, Mr. Sosnick said.

While Wal-Mart's U.S. grocery sales as a percent of revenue rose, apparel, which includes clothing and jewelry, dropped 1% to 10% of U.S. sales, the retailer said in its annual report to the Securities and Exchange Commission.

Hardlines, consisting of merchandise like sporting goods, automotive accessories, and hardware, also fell by 1%, to 12% of sales, Wal-Mart said.

Entertainment, which includes electronic products and toys, health and wellness, and home goods, were all unchanged from 2009, at 13%, 10%, and 5%, respectively, Wal-Mart said.

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Retailers testing out the drive-through lane
By Sandra M. Jones, reporter - Chicago Tribune
March 31, 2010

You can pick up a hamburger at McDonald's, your allergy pills at Walgreens, your extra foamy latte at Starbucks and the cash to pay for it at your bank — all without leaving your car, thanks to an American invention called the drive-through.

But when it comes to weekly shopping, aside from regional convenience stores like the Dairy Barn, staying in your car hasn't been an option. Until now.

During the past year, the Chicago area has turned into a retail test ground for mass merchants to experiment with drive-throughs. Sears Holdings Corp. started last spring by turning a Kmart store in Joliet into a drive-through warehouse, renaming the outpost MyGofer. Meijer Inc. followed suit with GroceryExpress drive-ups at stores in St. Charles and Aurora. And Wal-Mart Stores Inc. opened its first drive-through at a recently remodeled store in Mount Prospect.

While the concept is fledgling and there are kinks to work out, retail analysts predict that mass merchant drive-throughs will be moving into the mainstream as baby boomers age and the Internet changes the way people shop.

"This is our first shot at this," said Rob Fleener, vice president of business development at Grand Rapids, Mich.-based Meijer. "There are a lot of things we'll do to improve this once we decide to roll it out. Right now, we're learning as much as we can."

Wal-Mart hasn't sent out any marketing materials to let shoppers know about the drive-through site, but instead is quietly testing it as customers ask about it.

"It's just one of the ways we continue to test options," company spokesman Ravi Jariwala said.

Sears is also testing its MyGofer format without advertising.

"We are constantly improving it," said Sears spokeswoman Brenda Storch.

The days of planning shopping trips around weekend circulars are over, Fleener said. The Internet means shoppers are comparing prices without having to leave home and shopping 24 hours a day. For traditional brick-and-mortar stores, that means finding a new way to compete against virtual merchants, particularly giants Amazon.com Inc. and eBay Inc., that are open all the time.

The rise of the drive-through also comes as an increase in older shoppers forces retailers to adapt, said Mara Devitt, a partner at retail consulting firm McMillan Doolittle LLP.

Retail expert Will Ander, also a partner at McMillan Doolittle, said general merchants have tried and failed in the past to figure out how to incorporate a drive-through. Ander was part of a team of merchants studying drive-through prospects at Montgomery Ward in the 1980s and 1990s. It didn't work because there were too many products.

"The real challenge is, how do you fill a complex order?" Ander said. "You can't have (clerks) running all over the store."

Sears tackled that problem by eliminating the store and turning the empty shell into a warehouse where workers pick merchandise efficiently. Meijer built a separate alcove with refrigerators, cash registers and sliding glass doors overlooking a small parking lot and dedicated up to six clerks to staff it. Wal-Mart has limited the types of merchandise shoppers could order.

But it is the Internet that is driving the drive-through movement more than anything, analyst said.

Three out of four American adults use the Internet, up from 50 percent a decade ago, according to the Pew Research Center. Even more telling, 32 percent of shoppers ranked in-store pickups as valuable, up from 22 percent in 2008, according to a September report from Chicago-based E-tailing Group Inc.

As of the end of 2009, the Internet jumped to the third-most-popular shopping channel, after supermarkets and mass merchandisers, up from sixth in 2008, according to New York-based WSL Strategic Retail. With 24 percent of consumers shopping online weekly, up from 10 percent a year ago, it makes sense that brick-and-mortar chains are doing all they can to keep their customers from slipping away.

"At this point in retail, everybody is just trying to capture another little wedge of the pie," said Candace Corlett, principal at WSL Strategic Retail. "You can't overlook anything. It's a new game, and every option has to be considered."

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Predicts growing enterprise at Sears
(Excerpt from interview with Bruce Berkowitz, founder of Fairholme Capital Management)
Barron's
March 29, 2010

Predicts growing enterprise at Sears

You have a big holding in Sears, which hit a new 52-week high last week.

Sears Holdings [SHLD] has more than $40 billion of annual revenues, and it's generating reasonable free cash flows in a very difficult housing-related environment.

We are quite happy. Chairman Edward Lampert has been making money for our shareholders, and we don't see any downside with hanging around.

Our worst-case scenario remains receiving more cash than invested during a liquidation of the company. Our best case remains getting much more from a growing enterprise. We look forward to the next 20 years.

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The Truth About the Healthcare Bills
By Michael Connelly, Retired Constitutional Attorney & Law Instructor, Carrollton, Texas
(Posted March 27, 2010)

Well, I have done it! I have read the entire text of proposed House Bill 3200: The Affordable Health Care Choices Act of 2009. I studied it with particular emphasis from my area of expertise, constitutional law. I was frankly concerned that parts of the proposed law that were being discussed might be unconstitutional. What I found was far worse than what I had heard or expected.

To begin with, much of what has been said about the law and its implications is in fact true, despite what the Democrats and the media are saying. The law does provide for rationing of health care, particularly where senior citizens and other classes of citizens are involved, free health care for illegal immigrants, free abortion services, and probably forced participation in abortions by members of the medical profession.

The Bill will also eventually force private insurance companies out of business, and put everyone into a government run system. All decisions about personal health care will ultimately be made by federal bureaucrats, and most of them will not be health care professionals. Hospital admissions, payments to physicians, and allocations of necessary medical devices will be strictly controlled by the government.

However, as scary as all of that is, it just scratches the surface. In fact, I have concluded that this legislation really has no intention of providing affordable health care choices. Instead it is a convenient cover for the most massive transfer of power to the Executive Branch of government that has ever occurred, or even been contemplated If this law or a similar one is adopted, major portions of the Constitution of the United States will effectively have been destroyed.

The first thing to go will be the masterfully crafted balance of power between the Executive, Legislative, and Judicial branches of the U.S. Government. The Congress will be transferring to the Obama Administration authority in a number of different areas over the lives of the American people, and the businesses they own.

The irony is that the Congress doesn't have any authority to legislate in most of those areas to begin with! I defy anyone to read the text of the U.S. Constitution and find any authority granted to the members of Congress to regulate health care.

This legislation also provides for access, by the appointees of the Obama administration, of all of your personal healthcare information, your personal financial information, and the information of your employer, physician, and hospital. All of this is in direct violation of the specific provisions of the 4th Amendment to the Constitution.

You can also forget about the right to privacy. That will have been legislated into oblivion regardless of what the 3rd and 4th Amendments may provide. If you decide not to have healthcare insurance, or if you have private insurance that is not deemed acceptable to the Health Choices Administrator appointed by Obama, there will be a tax imposed on you.

It is called a tax instead of a fine because of the intent to avoid application of the due process clause of the 5th Amendment. However, that doesn't work because since there is nothing in the law that allows you to contest or appeal the imposition of the tax, it is definitely depriving someone of property without the due process of law.

So, there are three of those pesky amendments that the far left hate so much, out of the original ten in the Bill of Rights, that are effectively nullified by this law

It doesn't stop there though.

The 9th Amendment that provides: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people; The 10th Amendment states: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are preserved to the States respectively, or to the people. Under the provisions of this piece of Congressional handiwork neither the people nor the states are going to have any rights or powers at all in many areas that once were theirs to control.

I could write many more pages about this legislation, but I think you get the idea. This is not about health care; it is about seizing power and limiting rights... Article 6 of the Constitution requires the members of both houses of Congress to "be bound by oath or affirmation to support the Constitution."

If I was a member of Congress I would not be able to vote for this legislation or anything like it, without feeling I was violating that sacred oath or affirmation. If I voted for it anyway, I would hope the American people would hold me accountable.

For those who might doubt the nature of this threat, I suggest they consult the source, the US Constitution, and Bill of Rights. There you can see exactly what we are about to have taken from us.

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Sears Field Report
By Cristel Mohrman - In-Store Marketing
March 26, 2010

Sears Holdings is undertaking several initiatives designed to revitalize the market presence of its classic private-label brands -- including expanding distribution beyond its own stores.

The retailer began a renewal of its 80-year-old Kenmore appliance brand last November that thus far has included product redesigns, a stronger online presence and a new P-O-P program.

Revised models of Kenmore and Kenmore Elite washing machines and dryers are advertised in stores as providing 'A Whole New Spin" due to their front-loading redesign and upgraded "washing motions." Signs for a new Kenmore Elite dishwasher similarly focus on the product's new attributes.

By the end of 2010, approximately 450 new models will be introduced, according to published reports. Circular features support.

Online, Sears launched a website for the brand that lets visitors view simulations of the new washing motions, review the products and get advice from a staff of "Kenmore Geniuses" on topics ranging from laundry to vacation planning. TV spots and online ads promote the updated models with a "That's Genius" slogan. The theme is also used on product clings with a "Touch of Genius" message.

The campaign also includes a "Whole New Spin on Laundry" sweepstakes awarding a washer and dryer set with accompanying pedestals and a $200 store card as grand prize. Twenty-five other winners get $100 store cards. Entry is online from March 2-31.

This month, the company opened a "Kenmore Live Studio" in downtown Chicago to showcase a gallery of appliances. The store offers cooking demonstrations and opportunities for visitors to "show their skills" in washing at a "Stain Station." The activity is streamed live to Kenmore's Facebook page.

"The studio is not a store -- it's all about having customers engage with the brand directly and connect with the new side of the brand," Betsy Owens, vice president-Kenmore, said in a release. The studio "will remain open as long as consumers express interest in this initiative," said a Sears spokesperson. Consumer interest also will determine whether studios are introduced in other cities, he said.

Elsewhere, Sears recently signed deals to extend distribution of its Craftsman and DieHard brands to outside retail outlets.

The Craftsman tools brand will hit 100 Ace Hardware stores beginning in May and roll out to all of the co-op chain's 4,500 outlets in June. Until now, the brand has only been sold at Sears and sister chain Kmart. "Offering an assortment of Craftsman products more broadly through Ace locations will strengthen the Craftsman brand," Bruce Johnson, Sears Holdings' interim chief executive officer, said in a release.

Meanwhile, Mount Prospect, IL-based distributor Schumacher Electric Corp. has begun providing DieHard power accessories (battery chargers, jump starters, power inverters) to retailers in the U.S., Puerto Rico and Mexico.

In a related move, Sears last month announced that its Sears Auto Center concept will begin operating at car dealerships. The first franchise will open March 27 in East Windsor, NJ. Services will include maintenance, repairs and DieHard product sales. Sears Holdings currently operates 827 auto centers. Customer Services

In January, Sears gave strong promotional attention to "Marketplace," an online initiative that lets shoppers access and buy products from other retailers via the Sears website. Originally launched in July 2009, the site lets consumers search products, compare prices and make purchases. Third-party retailers pay commissions to Sears when their products are sold. The program is a companion to the "Sears Personal Shopper" initiative launched in December, which helps shoppers track down products from other sources through a mobile phone application.

Also in January, Sears launched two new "Matchmaker" websites that provide advice on television and camera purchases. Introduced one month before the Super Bowl (on Feb. 7), the sites provided access to the chain's "Meet Your Match for the Ultimate Football Experience" sweeps. Running Jan. 3 to Feb. 7, the sweeps awarded a grand-prize $1,500 home electronics gift card and $500 gift cards to seven secondary winners. Seasonal Activity

Sears is again hosting in-store H&R Block offices during tax season. (See "Retailers Count on Tax Season" in Related Articles.) Stanchion signs and circular features publicize the service.

The retailer promoted Valentine's Day merchandise with a "Love It" slogan on ceiling signs and floorstands.

The chain leveraged the National Football League's Super Bowl in January-February with a microsite that had consumers voting for their favorite TV spot starring NFL player Brett Favre (and entering the aforementioned "Meet Your Match" sweeps). Circular features supported. Favre has starred in a series of humorous spots -- many of which touted Samsung TVs -- beginning in September 2009.

Also in February, Sears launched an online "Ultimate Prom Experience" that lets shoppers browse dresses and accessories, get hair and makeup tips, determine their "Ultimate Prom Style" and download a planning checklist. A related sweeps awards his and her apparel ensembles and $250 in spending money to three winners. Entry is online from March 2-31. Other Promotional Activity

Sears teamed with CBS Interactive to conduct a contest awarding a grand-prize trip to a Survivor casting call in Los Angeles. Contestants entered from Jan. 18 to Feb. 21 by submitting 30- to 60-second videos explaining why they have "what it takes to win" the popular reality series. Judges selected 10 finalists, with the winner picked by online public voting from Feb. 22 to March 5. Circular features supported.

Sears is the official sponsor of Survivor's casting calls. Cause Marketing

Sears teamed with AMVETS this winter to stage "Operation Blanket," which collected blankets for military veterans. Shoppers who donated a gently used blanket at stores from Jan. 31 to Feb. 18 received a coupon for 20% off home fashion merchandise or 10% off housewares, luggage or furniture. Circulars

In recent activity, Sears offered: a free Blu-ray player (valued at 199.99) and free delivery with purchase of select Samsung televisions from Jan. 31 to Feb. 6. a $5 store gift card to shoppers whose in-store purchases are not available for pickup at merchandise kiosks or curbside within five minutes. two free champagne flutes with a $35 purchase of fragrance, bath or cosmetics products from Feb. 7-13. a free (after mail-in rebate) 19-inch Sharp television with purchase of select Sears-O-Pedic mattress sets. Key Executives

Sears Holdings named James Haworth executive vice president-retail services in January, putting him in charge of "strategic growth" at Sears and Kmart. He replaces Kevin Holt, who left to pursue other opportunities, according to the company. Haworth is a former evp-chief operating officer at Walmart. Financial Information

Sears' U.S. sales in fiscal 2009 (ended Jan. 30) declined 6.5% to $23.7 billion, as comparable-store sales dropped 8.7%. Fourth-quarter sales slipped 1.8% to $6.9 billion, while comparable-store sales declined 6.1%. Store Growth

Sears Holdings, Hoffman Estates, IL, closed fiscal 2009 with 908 full-line stores in the U.S., down from 929 at the end of fiscal 2009. The company also operates 1,284 U.S. specialty stores.

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Court says Sears chairman Lampert can be deposed
Associated Press
March 26, 2010

DETROIT (AP)— An appeals court says Sears Holdings Corp. Chairman Edward Lampert must give a deposition in a lawsuit filed by a former Kmart employee who says he was the victim of age discrimination.

The former employee, David Marsico, says he had a conversation with Lampert in 2003 after Kmart emerged from bankruptcy. He says the new Kmart chairman told him, "You've been around here a long time." Kmart is part of Sears Holdings.

Marsico had been with the retailer for 30 years and was a senior vice president. He quit in 2005 after his responsibilities changed. A federal judge in Detroit dismissed his lawsuit in 2007. But an appeals court revived the case Thursday. Marsico can use answers from the Lampert deposition as he tries to keep the case alive.

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Sears and Kmart shrink, but survive
Smaller company makes less money, employs fewer people
By Sandra M. Jones, Reporter - Chicago Tribune
March 26, 2010

This week marks the fifth anniversary for Sears and Kmart. On March 24, 2005, two of America's oldest retailers, with roots dating to the 19th century, tied the knot, for better or worse.

The combined company is still standing and profitable after the Great Recession, a feat of its own given how many retailers succumbed to the economic downturn.

But a look at the numbers shows a company that is getting smaller, making less money and employing fewer people.

It generates less in revenue and profit than it did the first year together. It has more stores — more than 3,900 today, up from about 3,500 five years ago — but its market share is dwindling. Even as the company closes unprofitable Sears and Kmart stores, it is adding smaller stores that cost less to operate.

Edward Lampert, the hedge-fund billionaire who relied on Kmart's lofty stock price to purchase Sears, pledged on the day the deal was done that Sears and Kmart would make each other better. Sears began selling its Kenmore, Craftsman and DieHard brands at Kmart stores. And Kmart began to convert its then-coveted free-standing stores into a big-box format called Sears Essentials.

Shortly after the merger, Sears disclosed plans to convert 400 Kmart stores into Sears Essentials by the end of 2007. When the remodeled stores failed to perform, Lampert stopped the rollout.

As for the much-trumpeted mall real estate on which Wall Street had pinned its hopes, Lampert didn't make the sweeping deals investors had predicted. The dream that Sears stores were worth as much as $22 billion, according to some analysts at the time, evaporated when the real estate bubble burst.

Now, Sears is looking to its online business, home services and smaller outlet and dealer stores as the company's future. And this year it began to sell Sears' exclusive Craftsman and DieHard brands to outside retailers in hopes of boosting sales.

While Lampert rarely speaks publicly, the old adage "follow the money" says enough.

Since the merger, when Lampert took control of the company as its chairman and biggest shareholder, Sears has bought back $5.4 billion in stock, in turn boosting Lampert's stake. During the same time, it spent half that, or $2.5 billion, on the stores and infrastructure retailers need to keep customers coming back.

Sears by the numbers

  2005 2010
Kmart stores 1,479 1,316
Sears full-line stores 879 848
Sears Grand, Sears Essentials 58 49
Sears Canada stores 340 402
Sears dealer, Sears Hometown 809 907
Sears Home Appliance Showrooms 0 60
Sears Hardware 147 106
Orchard Supply Hardware 84 88
Great Indoors 16 12
Sears outlets 50 93
Lands' End outlets 17 14
Lands' End shops inside Sears 0 293
     
Lampert's stake 39% 57%
Sears' stake in Sears Canada 54% 73%
Sales $49.5B $44B
Net income $857M $235M
Cash and cash equivalents

 

$1.6B

 

$1.7B
($1.3B from Sears Canada)
SG&A* as percent of total sales 21.9% 24.2%
Stock price $132.52 110.50
Employees 317,000 US
38,000 Canada
290,000 U.S.
32,000 Canada

 
*The selling, general and administrative expenses to sales ratio measures overhead costs
Source: Sears 10K, SEC filings
Note: Data is for fiscal 2005 and 2009. Net income for fiscal 2005 includes the results of Sears after the merger date. Stock prices as of 03/24/2005 and 03/25/2010. 2010 figures exclude 21 Kmart stores and 11 Sears Grand and Essentials stores slated to be closed by spring. Sears full-line, Sears Canada and Kmart stores are as of 4/30/2005.

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Lampert Is Stuck With Sears as U.S. Property Market Crumbles
By Roben Farzad and Michael Arndt - Bloomberg.com
March 25, 2010

March 25 (Bloomberg) -- Our story begins with a tale of two Buffetts: the real one, of course, and the financier who five years ago was being hailed as the Next Buffett.

For the real Buffett, business is good these days. Warren Buffett’s annual letter to Berkshire Hathaway Inc. shareholders, released in late February, celebrated a triumphant return to form. By seizing opportunities, he wrote, Berkshire had emerged from the Panic of ‘08 stronger and more profitable. “When it’s raining gold,” he crowed, “reach for a bucket, not a thimble.”

For the Next Buffett -- hedge fund guru Edward S. Lampert, 47, who had posted 29% average annual returns since founding his fund in 1988, then created Sears Holdings Corp. in 2005 by stitching a deeply wounded Kmart to Sears’s once-venerated brand -- business is not so good, Bloomberg BusinessWeek reports in its April 5 issue.

Lampert’s shareholder letter, released around the same time as Buffett’s, came out swinging at the critics who now outnumber his fans. Lampert blamed journalists, analysts, and rating companies for much of the trouble plaguing his retailing empire, arguing that they apply a double standard to Sears Holdings when they blame “our investment choices for our declining sales” while citing the economy for sales declines at rivals like Wal- Mart Stores Inc. and J.C. Penney Co. Kmart Improvements

Sears Holdings, based in Hoffman Estates, Illinois, has performed 19 percentage points under the Standard & Poor’s 500- stock index since its creation in 2005, and 29 percentage points under Wal-Mart during the same period. Contrast that with Buffett’s Berkshire Hathaway. It has posted results that outperformed the S&P 500 in four of the past five years -- 27 percentage points better than the market in calamitous 2008. Lampert can point to improvements recently at Kmart. Throughout 2009, Kmart had smaller declines in same-store sales than Target Corp., and it beat Wal-Mart by this metric in the last two quarters, too. He has closed 66 Sears stores, which he says raises cash in most cases, and he has a new effort afoot, applauded by analysts such as Morningstar’s Kimberly Picciola, to make Sears’s signature brands, Craftsman and DieHard, available through other retailers for the first time.

This will create a new revenue stream, but other analysts say it may also mean there’s less reason for customers to walk into a Sears, especially if Lampert begins selling Kenmore appliances outside. “Kenmore is Sears,” says Credit Suisse analyst Gary Balter. “The moment they take that outside the store, they could lose a big, big part of their traffic.”

Financial Stratagems
As risky as they may seem, such moves are not likely to turn the tide Lampert’s way, according to company watchers.

“If he has a strategy other than cutting costs, I haven’t seen it,” says James E. Schrager, professor of entrepreneurship and strategy at the University of Chicago’s Booth School of Business. “What is their concept?”

Tactical retailing decisions of this kind are no doubt necessary, but they’re a long way from the bold financial stratagems Lampert watchers were expecting when he burst onto the scene five years ago with the creation of Sears Holdings.

At the time, John C. Phelan, a former Lampert associate and a managing partner at MSD Capital, told BusinessWeek it was the first move of many that would come with the merged company as Lampert’s investment vehicle.

Buffett Comparisons
The Buffett comparisons were based on his approach as much as on his results. Just as Buffett had turned a listless New England textile maker into one of the most successful investment vehicles in history, Lampert would use a rejuvenated Sears as a Buffett-like holding company with which to mount acquisitions, some to keep, some to be flipped for cash. Sears Holdings, the deal promised, would be both a dynamic investment vehicle and a brilliant retailer.

At the moment, Schrager and others say, it is neither. Although downmarket retailers tend to do relatively well in a recession, neither Sears nor Kmart has snapped out of its senescence. Sales are down and keep falling. Per-store sales have declined for the past five years, and total revenue has slumped to $44 billion, its lowest level since the 2005 merger.

Net income is slipping and, according to its filings, the company has spent more on stock buybacks than it has invested in stores or acquisitions. No one, other than Lampert, who controls 53.1% of the company (even after having sold 4.6 million shares in March), seems to have staying power in the C suite. Sears remains without a permanent CEO, having gone through three with Lampert as chairman. An interim CEO, W. Bruce Johnson has been in place for two years as a protracted head hunt goes on.

Shopping Experience
Along the way, Lampert has starved the stores of capital spending, according to Balter, while doling out $5.43 billion on those share buybacks to help lift per-share results. This lack of spending, Balter says, has a direct impact on the quality of the shopping experience. And soon the customers won’t have to visit Lampert’s stores to buy his best products.

Johnson acknowledges the risk that moving Craftsman and DieHard into new retail channels could cannibalize sales at Sears and Kmart. Still, he argues, the gamble is worth it.

“We have great potential, unrealized potential to this point, with our major brands,” Johnson says. “But we’re not going to do that recklessly and without thought.”

Previous Restructuring
By the company’s own reckoning, however, previous retail restructuring efforts have fizzled. At first, Lampert proposed turning Kmart stores into Sears locations, which would move Sears beyond conventional malls.

Before the deal was completed in March 2005, Sears bought 50 sites from Kmart. The post-merger plan was to convert them and hundreds more into freestanding Sears stores.

These new off-the-mall stores were called Sears Essentials and carried goods from both retailers, mixing Kenmore appliances with Martha Stewart housewares. After several stabs at finding the right chemistry, the company pulled back.

“We found we just couldn’t get the kind of sales and profit lifts to justify the investment in these stores,” Johnson says. Kmart and Martha Stewart parted company in January. Stewart had few kind words for Kmart or Sears as they were breaking up last fall, claiming in a CNBC interview that the retailer had sullied her brand.

“The quality is not what I am proud of,” Stewart said. “Have you been in a Kmart lately? It is not the nicest place to shop.” She now sells her line through Macy’s Inc.

Sears points to a conciliatory press release that Stewart issued after that interview. “We wish our friends at Kmart and Sears Holdings all the best,” she said in the statement. Besmirching Kmart “was not my intent.”

Betting on Management
Sears executives also say that in the years after Lampert acquired the companies, they were bogged down in integrating the two chains, then got walloped by the recession. As for why Lampert never went into a Berkshire-like acquisition mode, the credit crisis of 2008-2009 offers some explanation.

Some analysts also think Lampert overlooked a major component of the Buffett model.

“When Buffett buys a company, he bets on management; that’s his No. 1 principle,” says Howard Davidowitz, chairman of Davidowitz & Associates, a retail consulting and investment banking firm in New York.

“Buffett learned long ago how insane it was to run a fabric mill on his own. So how is Lampert, a guy with a hedge fund in Connecticut, running Sears and Kmart?”

Lampert’s Fans
Lampert, who declined to comment for this story, still has his fans. “Profitability, even if done by managing inventory and cutting costs, is good,” says Ivan Feinseth, chief investment officer of AlphaWorks, a New York hedge fund bullish on the shares though it has no stake in the company.

“Look, are there better places to shop? Absolutely,” Feinseth said. “But Sears is an option on Lampert, not as a retailer, but as a financial engineer.”

Lampert’s own view, as expressed in his latest chairman’s letter, is that Sears Holdings is doing pretty well given the crummy economic environment of the past two years. The real problem, he insisted, is that too many people who follow the company misunderstand how it works.

“We hope that those who may have doubted us in the past are willing to keep an open mind,” Lampert said in his letter. “In our case, it turns out that our performance far exceeded many observers’ expectations and we hope to receive credit for this performance in the form of higher credit ratings and more balanced analysis. Simplistic analyses, which automatically prefer capital investment to share repurchases as a use of cash that ‘benefits’ bondholders, ignore the fact that negative or below market returns on invested capital are as harmful to creditors as to shareholders.”

Real Estate Play

Lampert has a point, but he overlooks another one. His preference for buybacks over capital investment necessarily disadvantages his retail operations -- yet he has insisted that he took over Kmart and then Sears because he wanted to operate them as retailing companies.

Some investors, like Vornado Realty Trust, saw a real estate play, looking at the chains and their combined count of nearly 4,000 stores as hard assets that Lampert bought cheaply and could flip for a fortune.

Selling Stores
Consider that in 2004, Lampert sold some 65 Kmart stores and acreage to Home Depot Inc. and Sears for $946 million. Vornado, sensing an opportunity, bought a 4.3% stake in Sears as Lampert was about to merge it with Kmart. Though Vornado sold its shares by the end of 2005 for a net gain of $26.5 million, its investment prompted several analysts at the time to raise their estimates of how Sears’s stock would perform. In 2007, Lampert sold Sears’s Canadian headquarters in Toronto to Ontario for C$81 million ($79 million), leasing back the space. That same year he also got a $21 million pretax gain by selling the chain’s fashion center in Los Angeles to an undisclosed buyer.

In today’s commercial real estate glut, fewer buyers would want Kmart’s big boxes or the Sears stores that anchor suburban shopping malls.

“The market for this kind of space right now is relatively nonexistent,” says Neil Stern, senior partner with McMillan Doolittle, a Chicago-based retail consulting firm. “There’s a flood of vacancies, large-scale bankruptcies, and department- store brand consolidations.”

“What Lampert did years back was brilliant,” says Stern. “He sold Kmart stores to Sears, got cash, and turned around and bought the whole company. Everyone then extrapolated that he could keep doing that. But times are different.”

Hometown, Mygofer
On the other hand, Sears was able to expand deeper into small-city markets with what it calls Hometown stores, which are independently owned and staffed to Sears’s specifications. It has more than 1,000 today, after adding 60 last year, and it plans to add 100 more in 2010. Sears is also testing a new concept at a single location in suburban Chicago. Called Mygofer, it’s essentially a huge, well- stocked warehouse where shoppers can pick up goods they’ve ordered on the Internet at home, on their smart phones, or at kiosks in the store.

Such moves cost Sears little in capital expenditures, which must be attractive to a man who doesn’t like to pump money into bricks and mortar. This reticence is why Lampert is often faulted for neglecting the company’s stores. Balter, the analyst with Credit Suisse, says too many stores are typically dirty and out of stock. “Customers have a choice every day,” he says. “Why are you going to go there? That’s the challenge.”

Underspending Rivals
That may help explain why the company’s same-store sales have declined every year under Lampert’s ownership. Sears has consistently underspent its rivals on capital investments. The company committed $361 million in capital spending in the year that ended Jan. 30, less than the $424 million it spent to buy back shares during that period, according to company documents. Compare that with the capital spending by Target of $1.73 billion and Wal-Mart of $12.2 billion over the same period.

Lampert has dismissed these comparisons from the start, as does Johnson. Yes, the interim CEO says, shoppers might happen upon faded outlets, “but most of the stores look pretty good.” And capital investment doesn’t automatically produce higher sales.

‘Things Are Cheaper’
At a Kmart in Chicago, customers say they come for the low prices. Laura McBride, a homemaker shopping with her husband, Richard, a pipefitter, prefers it over Wal-Mart and Target. She shops at Kmart twice a week, after scanning ads for what’s on sale. “I love the prices,” she says. “Kmart fits my budget. I find more sales here. Things are cheaper.”

Those low prices hurt Kmart’s performance. Balter thinks it would be better off if Lampert sold Kmart and focused on Sears. He notes that on a per-square-foot basis, Kmart is only a quarter as productive as Wal-Mart, but concedes that a sale or spinoff is highly unlikely in the present retail environment.

Although Sears is smaller than it used to be, it still is a retailing behemoth. It is the nation’s fourth-biggest general retailer, behind Wal-Mart, Costco Wholesale Corp. and Target, with fiscal 2010 sales of $44 billion and 3,921 stores. Including Canada, it has more than 300,000 employees. Sears, in 2001, was far and away the biggest vendor of big-ticket household appliances and white goods with a market share of 41%. It’s still No. 1, though that share is now 31.7%.

Profit Margins
Sears’s gross margin came to 27.7% in fiscal 2010, which ended Jan. 30. The margin has ranged from 27.1% to 28.7% since Lampert merged Sears with Kmart in early 2005, according to company filings with the Securities and Exchange Commission. Target regularly posts margins of 30%, thanks in large part to its greater volume of high-priced consumer electronics. Wal-Mart lags behind both, with gross margins of 23.5% over the past few years. Wal-Mart, however, relies on food for almost half its revenue and the grocery business is notoriously low margin.

Lampert has always contended that his rivals are spending money on store expansions and updates foolishly, writing in one of his annual letters: “We do not subscribe to the view (seemingly widely held) that more is better, or that there is a certain amount that must be spent on cap-ex every year.”

With 2,235 full-line stores between Sears and Kmart today, the company has more than Target (1,684), J. C. Penney (1,110), or Kohl’s Corp. (1,060).

“The issue for Sears Holdings is therefore not one of building more stores, but rather one of making our existing stores more productive and relevant to our customers,” Lampert said.

Store Investment
Ana Lai, an analyst with Standard & Poor’s, says store counts tell only part of the story.

“The operating performance has really been below expectations,” Lai said. “Its competitive position has really deteriorated against peers such as J. C. Penney, Macy’s, and Kohl’s. Their execution hasn’t been all that good either. They need to invest in their stores to make them more attractive and to provide shoppers with a better experience.”

Lai is still looking for the promised sales synergies between Kmart and Sears. “The longer this continues, the more their position will weaken.” She sees nothing in Sears’s strategy that pulls the company out of its “manage-the- decline” slide.

None of these analysts, in fairness, has had to manage two aging retail chains through an epic recession. So it’s worth asking: Where would Sears and Kmart be today if this presumptive New Buffett hadn’t swooped in five years ago? Probably in worse shape than they are.

Other retailers -- Circuit City, Linens ‘n Things -- have folded. Feinseth of AlphaWorks sees no other hope for once-bankrupt Kmart vs. the duopoly that is Wal Mart-Target.

Indeed, all the tangible goodwill of Sears’s many household brands seems to pale in comparison with the intangible premium of Lampert’s name. According to Bloomberg data, Sears shares, at their $107.47 close on March 22, enjoyed a $40 premium over analysts’ average 12-month price target -- tops in the S&P 500. Managing a business and managing lofty expectations are two very different things.

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Web Breathes New Life Into Failed Retailers
By Miguel Bustillo - Wall Street Journal
March 22, 2010

The retail graveyard is filled with venerable names that were felled by the recession. Now, some risk-taking companies are trying to profit by bringing brands back from the dead.

Systemax Inc., best known as the parent of Internet computer-parts retailer TigerDirect.com, gambled by buying the rights to the names of two deceased store chains, CompUSA for $30 million in 2008 and Circuit City for $14 million in 2009.

Systemax aimed to reinvent the CompUSA brand, bringing Web-shopping capabilities into its new stores, including this one in Houston. Now as the economy crawls toward recovery, Systemax is opening CompUSA stores in Houston, Chicago and other major markets after successfully testing the concept in Florida. It already revived Circuit City as an Internet retailer last June, and is contemplating a brick-and-mortar rebirth for that brand as well.

"Recession hurts, but it also creates opportunities that would not have existed otherwise," said Systemax Chief Executive Richard Leeds.

"We have a tremendous amount of excitement around our company now because of these acquisitions.," he said. "We picked up two iconic retail brands for well under $50 million. That to me is the bargain of the century."

The resuscitation strategy is freighted with risk. The titans of U.S. big-box retailing, Wal-Mart Stores Inc. and Best Buy Co., are aggressively chasing the same electronics market share that Systemax is targeting, as are a host of established regional competitors, notably Midwestern chain Hhgregg Inc.

So far, Systemax's gambit to grab tarnished but better-known retail names is paying off. It reported an 84% rise in fourth-quarter profit March 8, largely because of the new CompUSA stores and CircuitCity.com. Its share price increased to a record a day later.

The Port Washington, N.Y., company—which was founded by the Leeds family in Queens in 1949 as a seller of business supplies and went public in 1995—reported record annual revenue topping $3.16 billion for the fiscal year ended Dec 31.

By contrast, RadioShack Corp., with its ubiquitous electronics stores, had annual revenue of $4.28 billion.

Wall Street analysts are starting to pay attention to Systemax, a rare instance of an Internet seller that is using its online know-how to open brick-and-mortar stores, at a time when most retail chains are gravitating to the Web.

"Now people know who they are," said David Strasser of Janney Capital Markets. "A lot of retailers are watching what these guys are doing with Circuit City and CompUSA very closely, to see how far they're going to take it."

Systemax executives say they are now confident that they can leverage the CompUSA and Circuit City names to expand their business. But as the economy bottomed out in 2008, they admit doubts crept in.

"We agonized over this," said Mr. Leeds, 49 years old. "We were looking in the mirror saying, did we make the right decision?"

Systemax had already started testing a handful of stores under the TigerDirect name in the U.S. and Canada before purchasing the assets of CompUSA Inc. after its owner, Mexican billionaire Carlos Slim, chose to close the struggling business rather than take it into bankruptcy.

Systemax bought CompUSA's name, Web address, customer lists and the rights to 16 of the most attractive store leases. CompUSA's Web site never went dark, transferring from one owner to the other without interruption, and Systemax soon turned its U.S. TigerDirect stores into CompUSA outlets. (TigerDirect still operates stores in Canada.)

When the economy crashed in fall 2008 and Circuit City Stores Inc. shuttered stores and eventually declared bankruptcy, Systemax executives pondered the wisdom of betting on a faded famous retail name only to see more electronics chains biting the dust.

Systemax ultimately chose to double down by buying Circuit City and its list of 14 million customer email addresses, even though its Web site had been shuttered for months and had to be restarted.

But TigerDirect business-unit head Gilbert Fiorentino recognized Systemax couldn't just replicate failed businesses, no matter what bargain price Systemax paid. So the company set out to reimagine the store experience at CompUSA by using its understanding of Internet commerce to create an in-store Internet portal system Mr. Fiorentino dubbed "Retail 2.0."

It essentially brings the best of online retailing into stores, allowing customers to look up product reviews and user manuals, and even surf to rivals' Web sites to check prices, via keyboards right in front of the flat-screen television sets they are considering for purchase.

Many retailers including Sears Holdings Corp. are setting up similar systems, but experts say Systemax's model is more sophisticated than the competition's, showing Systemax's e-commerce experience.

Few shoppers at a recently opened Houston location seemed aware that CompUSA was now a different company than the one they frequented years earlier. But several said the store looked like an improvement over what they remembered.

"Not bad at all—it might be better than the old CompUSA," said Shamil Rasheed, a 35-year-old information-technology expert, who was making his second visit after buying a GPS system.

"It looks like they have better prices than they used to," said Mircea Ionesceu, 28, a doctoral student in mechanical engineering who attends the University of Houston.

Systemax executives declined to disclose how many CompUSA stores they envision in addition to the 34 currently in existence. But they vow to mix aggressiveness with caution, noting that overexpansion helped topple the brands they eventually bought for a relative song.

"Where did they fail, and what can we do differently?" Mr. Leeds said. "One trap we don't want to fall into is rushing into bad real-estate decisions, because when we examined their data that was a big part of what went wrong."

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The ObamaCare Crossroads
Wall Street Journal - Review & Outlook
March 20, 2010

The vote is really about who commands the country's medical resources.

With the House's climactic vote on ObamaCare tomorrow, Democrats are on the cusp of a profound and historic mistake, comparable in our view to the Smoot-Hawley tariff and FDR's National Industrial Recovery Act. Everyone is preoccupied now with the politics, but ultimately at stake on Sunday is the kind of country America will be.

The consequences of this bill will not only be destructive for the health-care system and the country's fiscal condition, though those will be bad enough. Inextricably bound up in a plan as far-reaching and ambitious as ObamaCare are also larger questions about the role of government, the dynamism of American enterprise and the nature of a free society.

Above anything else, this explains why Democrats have had such trouble convincing the public, let alone their own Members. ***

Most acutely in the balance is the future of U.S. medicine. On the opposing page we reprint a 1996 essay by the great Milton Friedman that is more relevant than ever. Drawing from Alexander Solzhenitsyn's novel "The Cancer Ward," the late Nobel laureate traces the ways that national health care fundamentally alters "the consensual relation between the patient and the physician."

In our world of infinite wants but finite resources, there are only two ways to allocate any good or service: either through prices and the choices of millions of individuals, or through central government planning and political discretion. This choice is inexorable. Stripped of its romantic illusions, ObamaCare is really about who commands the country's medical resources. It vastly accelerates the march toward a totally state-driven system, in contrast to reforms that would fix today's distorted status quo by putting consumers in control.

Friedman lays out how the country arrived at our current pass, starting with the World War II-era decision to offer tax subsidies for employer-sponsored coverage only. Like the company store, this inefficient and inequitable preference encourages workers to be paid in kind rather than cash, and over the years the third-party payer system it entrenched has inhibited competition and desensitized patients to the costs of their own care. With the 1965 creation of Medicare for seniors and Medicaid for the poor, government has come to play the leading role in shaping the way care is paid for and provided.

Naturally, the result has been high and rising costs. Since 1962, the share of the economy devoted to health care has risen to about 17% from 6%. Today, health entitlements account for about 5% of GDP but on current trend will rise to 7% in 2025 and about 15% in 2062.

That is the problem President Obama inherited, as it were. Yet rather than fundamentally changing these incentives, he chose instead to create a new middle-class insurance entitlement that will transform the way U.S. health care is financed, and thus delivered. Such a "universal" system has been the core liberal aspiration since the age of Bismarck.

But time and again this political ambition has been thwarted by American individualism, distrust of government power, the checks and balances of the political system, and, every so often, good judgment in Washington.

Once the health-care markets are put through Mr. Obama's de facto nationalization, costs will further explode. The Congressional Budget Office estimates ObamaCare will cost taxpayers $200 billion per year when fully implemented and grow annually at 8%, even under low-ball assumptions. Soon the public will reach its taxing limit, and then something will have to give on the care side. In short, medicine will be rationed by politics, no doubt with the same subtlety and wisdom as Congress's final madcap dash toward 216 votes.

As in the Western European and Canadian welfare states, doctors, hospitals and insurance companies will over time become public utilities. Government will set the cost-minded priorities and determine what kinds of treatment options patients are allowed to receive.

Medicare's price controls will be exported to the remnants of the private sector.

All bureaucratized systems also restrict access to specialists and surgeries, leading to shortages and delays of months or years. This will be especially the case for the elderly and grievously ill, and for innovation in procedures, technologies and pharmaceuticals.

Eventually, quality and choice—the best attributes of American medicine in spite of its dysfunctions—will severely decline.

Democrats deny this reality, but government rationing will become inevitable given that overall federal spending is already at 25% of GDP and heading north, and Medicare's unfunded liabilities are roughly two and a half times larger than the entire U.S. economy in 2008. The ObamaCare bill already contains one of the largest tax increases outside the Great Depression or the world wars, including a major new tax on investment income—and no one seriously believes it will be enough.

So a vote for ObamaCare is also a vote against the vitality of American capitalism. Business elites have mostly held their tongues, or calculated that they can later dump their health-care liabilities on the government.

Yet ObamaCare will lead to much higher levels of taxation across society. The tax wedge—the share of labor costs that never reaches workers but instead goes straight to government—will start flying towards the 50% that prevails today in most of Europe. In America, without the same welfare state obligations, it hovers near 30%. ***

A self-governing democracy can of course decide that it wants to become this kind of super-welfare state. But if the year-long debate over ObamaCare has proven anything, it is that Americans want no such thing. There is no polling majority or any bipartisan support, much less a rough national consensus, for this expansion of government power.

The election of Scott Brown in Massachusetts for Ted Kennedy's seat, of all things, was as direct a referendum as you could have.

So if the health bill passes in the House, it will only do so the way it did in the Senate, with a narrow partisan majority, abetted by political bribery and intimidation, budget gimmicks and procedural deceptions. An entitlement the country can't afford and doesn't want may pass because of sheer ideological willfulness. The ugliness of the bill, and of its passage, means that some or all of it might be repealable, but far better not to make the tragic mistake in the first place.

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The Health-Care Wars Are Only Beginning
The president's health plan won't solve a problem.
It will be the start of bitter fights over funding and policy that will consume the nation for decades to come.

By Fred Barnes - Opinion - The Wall Street Journal
March 18, 2010

On Dec. 7, 1941, an announcement was made during the football game between the hometown Washington Redskins and the Philadelphia Eagles. All the generals and admirals at Griffith Stadium were instructed to report to their duty stations. Little did they know their lives would be changed forever and America would be at war, or on war footing, for the next half-century. Pearl Harbor had been attacked.

America will be in a constant health-care war if ObamaCare is enacted. Passage wouldn't end the health-care debate. Rather, it would perpetuate ObamaCare as the dominant issue for decades to come, reshape politics, create an annual funding crisis in Congress, and generate a spate of angry lawsuits. Yet few in Washington seem aware of what lies ahead.

We only have to look at Great Britain to get a glimpse of the future. The National Health Service—socialized medicine—was created in 1946 and touted as the envy of the world. It's been a contentious issue ever since. Its cost and coverage are perennial subjects of debate. The press, especially England's most popular newspaper, The Daily Mail, feasts on reports of long waiting periods, dirty hospitals, botched care and denied access to treatments.

A Conservative member of the European Parliament, Daniel Hannan, last year in an interview on Fox News denounced the NHS as a "60-year mistake," declaring he "wouldn't wish it on anybody." As prime minister, Margaret Thatcher bravely cut NHS spending in the 1980s, but current Tory leaders regard criticism of the NHS as too risky. "The Conservative Party stands four square behind the NHS," its leader, David Cameron, said in response to Mr. Hannan.

House Speaker Nancy Pelosi believes ObamaCare would have a more congenial fate—that it will become as popular as Social Security and Medicare with voters. She's kidding herself. Social Security and Medicare were popular from the start and passed with bipartisan support. ObamaCare is unpopular and partisan. It's extremely controversial. Its passage is far more likely to spark a political explosion than a wave of acceptance.
Democratic leaders believe the public doesn't focus on the process of how legislation is enacted. But in this case they're wrong. I've been amazed at how many people understand "reconciliation"—a process that allows budget and spending bills to pass in the Senate with only 51 votes, instead of 60. Many voters are also now studying the details of the "Slaughter solution," which would allow the House to "deem" the Senate health-care bill to have passed without actually voting on it and then to vote through changes to the Senate bill. These legislative shortcuts are already infuriating ObamaCare's opponents.

If ObamaCare passes, sooner or later the backlash against it would morph into a movement to repeal it. Republicans would likely make repeal a top issue in congressional elections this November. The GOP is expected to win a substantial number of seats in Congress this fall. If Republicans take control of the House or Senate or both, clashes over health care would be unavoidable.

Assuming it passes, ObamaCare wouldn't go into effect fully until 2013. This fact alone would make the health-care plan a paramount issue in the 2012 presidential race, regardless of whether Mr. Obama is on the ballot. As long as he's president, Mr. Obama would surely veto legislation to repeal or gut ObamaCare. With a Republican in the White House things would be different. Republicans might be successful in dismantling the program.

But Democrats wouldn't give up. Having gone to great lengths to enact ObamaCare, they'd go all out to protect it or revive it. Mrs. Pelosi is already talking about expanding ObamaCare. She favors adding a "public option" to compete with private insurers. "Once we kick through this door [and pass it], there'll be more legislation to follow," she told liberal bloggers on Monday.

So the struggle would go on and on. If you think the fights over funding of Medicare and Medicaid in recent years have been unpleasant, wait until the funding battles over ObamaCare start. It's all but inevitable that they would occur every year given the way Mr. Obama has proposed to finance his health-care program.

ObamaCare low-balls its cost and exaggerates the means for paying for it. "Our proposal is paid for," the president insisted in a speech in Ohio on Monday. It's not. The financing includes billions that are obligated elsewhere. It claims to cut the budget deficit by $118 billion but achieves this by borrowing hundreds of billions more.

At the same time, Mr. Obama's plan offers a cornucopia of new benefits: free preventive care, coverage for those with pre-existing conditions, guaranteed issue, no lifetime or annual benefit caps, and subsidies for insuring 30 million people now uninsured. All of this would increase the use of health-care services. The tendency is to underestimate just how large this increase might be. This was true with Medicare and Medicaid, whose costs have ballooned far beyond initial projections. The annual struggles in Congress over funding for ObamaCare would be intense.

The courts would also get involved. In anticipation of passage of the president's health-care plan, three states—Virginia, Idaho and Utah—have passed laws to nullify ObamaCare's mandate that everyone purchase health insurance. Other states are expected to follow suit. Arizona voters will decide the matter in a referendum in November. Ultimately, federal judges would decide if these state laws are constitutional. Other issues would also end up in court. That includes the constitutionality of the process that Democrats used to pass ObamaCare. We could expect years of litigation.

Enacting ObamaCare would be only the beginning. The controversy surrounding its passage and how it might work would preoccupy the president, Congress and millions of average Americans for the foreseeable future—and then some.

Mr. Barnes is executive editor of the Weekly Standard and a commentator on Fox News Channel.

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Sears, Kmart make sales pitch on Twitter
Parent company posts more than 7,000 jobs on
social networking site
By Alejandra Cancino - reporter - Chicago Tribune
March 18, 2010

Sears Holding Corp. said Wednesday that more than 7,000 job openings at Sears and Kmart will be posted on Twitter, a move experts say is a way to advertise and market its brands to 18- to 34-year-olds, the mainstay of the social networking site.

"It allows for multiple ways to communicate a positive message and achieve multiple goals within an organization from marketing to (human resources)," said Mike Dwyer, a social media strategist for Aon Consulting.

Sears Holdings said the job tweets will be posted by TweetMyJobs.com, which also handles similar postings from McDonald's and Motorola. McDonald's advertises more than 1,300 jobs on Twitter and Motorola more than 300.

Though Twitter is free, TweetMyJobs.com charges from $4,000 for 500 postings to $8,000 for unlimited postings, said Rich Trombetta, a company co-founder. It charges $1.99 for single posts.

The company also offers clients the ability to track the number of clicks on job postings and pledges to only list jobs from reputable companies.

"We are very careful about the types of jobs we list on the site," Trombetta said. "We eliminate the spam, these ‘make-a-million-dollars-in-an-hour' type of jobs."

Lance Brolin, Sears' director of talent and human capital services operations, said the company wants to see what social media can offer in employment, advertising and in ensuring their messages are getting to the right candidates.

"We are marketing the employment brand and also marketing potential customers," Brolin said.

How does the message get to the right candidates?

First, job seekers create an account on TweetMyJobs.com. From there they can link their profile to their Twitter account and can subscribe to any of the 8,397 job channels. For example, there is a channel to receive updates when an accounting job is posted in Chicago. If your Twitter account is linked to your e-mail or phone, you'll receive an instant notification.

Dwyer said it's a no-brainer that companies would want to use Twitter to get people to recognize their name.

"Any time that (companies) are able to get a message out there that they are growing, that they have opportunities, is going to look good for them with the public," Dwyer said. "If you have 7,000 job openings and you are tweeting all those job openings out there, that's a lot of positive communication that's going on with the public."

There is one caveat for companies jumping on the social media wagon: If the job postings become spam, then customers will get turned off, Dwyer said.

"They might opt out of the idea," Dwyer said.


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Willis Tower owners rethinking $350-million ‘green’ project: suit
By: Alby Gallun - Chicago Business.com
March 17, 2010

(Crain’s) — A co-owner of Willis Tower is rethinking a $350-million plan to make the 110-story skyscraper more eco-friendly, according to a lawsuit.

Pickering & Associates LLC, a public affairs firm hired to find public financing sources for the project, alleges that landlord American Landmark Properties Ltd. breached its contract with Pickering by trying to fire the firm Feb. 1, without a required 30-day notice.

The breach “occurred shortly after American Landmark informed Pickering that American Landmark was re-evaluating the viability of the (project) and the possibility of funding it through public sources,” says the complaint, filed in Cook County Circuit Court.

American Landmark unveiled the ambitious plan for the former Sears Tower in June 2009, calling it one of “the most significant sustainable modernization projects of an existing building ever taken.”

The so-called Greening Project would include replacing all 16,000 windows in the tower, 233 S. Wacker Drive, and adding grass and wind turbines to its roof. American Landmark at the same time also announced plans to build a luxury hotel next door to the skyscraper.

In an emailed statement, an American Landmark spokesman says the firm hasn’t seen the complaint and "won't comment on any potential litigation."

The firm has no plans to drop the project, according to the statement.
"We are actively working on plans related to the greening efforts at Willis Tower," the statement says. "As part of a broad transformation of this iconic building, we are committed to reducing energy consumption and creating a more sustainable structure. We continue to pursue private and public options for funding, and are confident we can achieve our goals."

The Skokie-based investment hired Pickering to seek state and federal funding sources and handle public relations for the project, agreeing to pay the firm $32,500 a month from Sept. 15 to March 15, according to the lawsuit.

Elgin-based Pickering says it arranged meetings with representatives of the Obama administration, Sen. Richard Durbin, the governor’s office and the state. But American Landmark failed to make a single payment, violating its contract, the suit says.

Pickering is owed at least $197,619 in fees and expenses, according to the complaint.

American Landmark owns Willis Tower with New York investors Joseph Chetrit and Joseph Moinian.

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WHAT HAPPENED TO CHECKS & BALANCES?
Pelosi & the White House May Abuse the Constitution

Slaughter House Rules
How Democrats may 'deem' ObamaCare into law, without voting.

Review & Outlook - The Wall Street Journal
March 16, 2010

We're not sure American schools teach civics any more, but once upon a time they taught that under the U.S. Constitution a bill had to pass both the House and Senate to become law. Until this week, that is, when Speaker Nancy Pelosi is moving to merely "deem" that the House has passed the Senate health-care bill and then send it to President Obama to sign anyway.

Under the "reconciliation" process that began yesterday afternoon, the House is supposed to approve the Senate's Christmas Eve bill and then use "sidecar" amendments to fix the things it doesn't like. Those amendments would then go to the Senate under rules that would let Democrats pass them while avoiding the ordinary 60-vote threshold for passing major legislation. This alone is an abuse of traditional Senate process.

But Mrs. Pelosi & Co. fear they lack the votes in the House to pass an identical Senate bill, even with the promise of these reconciliation fixes. House Members hate the thought of going on record voting for the Cornhusker kickback and other special-interest bribes that were added to get this mess through the Senate, as well as the new tax on high-cost insurance plans that Big Labor hates.

So at the Speaker's command, New York Democrat Louise Slaughter, who chairs the House Rules Committee, may insert what's known as a "self-executing rule," also known as a "hereby rule." Under this amazing procedural ruse, the House would then vote only once on the reconciliation corrections, but not on the underlying Senate bill. If those reconciliation corrections pass, the self-executing rule would say that the Senate bill is presumptively approved by the House—even without a formal up-or-down vote on the actual words of the Senate bill.

Democrats would thus send the Senate bill to President Obama for his signature even as they claimed to oppose the same Senate bill. They would be declaring themselves to be for and against the Senate bill in the same vote. Even John Kerry never went that far with his Iraq war machinations. As we went to press, the precise mechanics that Democrats will use remained unclear, though yesterday Mrs. Pelosi endorsed this "deem and pass" strategy in a meeting with left-wing bloggers.

This two-votes-in-one gambit is a brazen affront to the plain language of the Constitution, which is intended to require democratic accountability. Article 1, Section 7 of the Constitution says that in order for a "Bill" to "become a Law," it "shall have passed the House of Representatives and the Senate." This is why the House and Senate typically have a conference committee to work out differences in what each body passes. While sometimes one house cedes entirely to another, the expectation is that its Members must re-vote on the exact language of the other body's bill.

As Stanford law professor Michael McConnell pointed out in these pages yesterday, "The Slaughter solution attempts to allow the House to pass the Senate bill, plus a bill amending it, with a single vote. The senators would then vote only on the amendatory bill. But this means that no single bill will have passed both houses in the same form." If Congress can now decide that the House can vote for one bill and the Senate can vote for another, and the final result can be some arbitrary hybrid, then we have abandoned one of Madison's core checks and balances.

Yes, self-executing rules have been used in the past, but as the Congressional Research Service put it in a 2006 paper, "Originally, this type of rule was used to expedite House action in disposing of Senate amendments to House-passed bills." They've also been used for amendments such as to a 1998 bill that "would have permitted the CIA to offer employees an early-out retirement program"—but never before to elide a vote on the entire fundamental legislation.

We have entered a political wonderland, where the rules are whatever Democrats say they are. Mrs. Pelosi and the White House are resorting to these abuses because their bill is so unpopular that a majority even of their own party doesn't want to vote for it. Fence-sitting Members are being threatened with primary challengers, a withdrawal of union support and of course ostracism. Michigan's Bart Stupak is being pounded nightly by MSNBC for the high crime of refusing to vote for a bill that he believes will subsidize insurance for abortions.

Democrats are, literally, consuming their own majority for the sake of imposing new taxes, regulations and entitlements that the public has roundly rejected but that they believe will be the crowning achievement of the welfare state. They are also leaving behind a procedural bloody trail that will fuel public fury and make such a vast change of law seem illegitimate to millions of Americans.

The concoction has become so toxic that even Mrs. Pelosi isn't bothering to defend the merits anymore, saying instead last week that "we have to pass the bill so that you can find out what is in it." Or rather, "deeming" to have passed it.

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Strategy of posting jobs on Twitter snares another big name: Sears
By Sandra Guy - Chicago Sun-Times
March 16, 2010

Sears is joining other area companies such as Motorola and McDonald's in posting its job openings via Twitter, the Hoffman Estates-based retailer will announce today.

Job seekers may sign up for job alerts for free at TweetMyJobs.com. The job openings appear as a text message on the job seeker's cell phone.

Sears has 7,000 jobs "live," while McDonald's is listing 1,300 and Motorola lists 325, according to a spokesman for TweetMyJobs. Employers are increasingly listing jobs on Twitter because it's less expensive than using the major job boards, and surveys show companies are increasingly turning to social-networking sites where users "opt in" to advertise job openings.

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Wal-Mart to Add Money Centers
By Karen Talley -- Dow Jones Newswires
March 15, 2010

Wal-Mart Stores Inc., years after a failed effort to obtain a bank charter, plans a 50% increase this year in the number of the company's stores offering bank-like services.

The expansion would push the number of Wal-Marts with "Money Centers" to 1,500, or a little less than one for every two Wal-Marts in the U.S., giving the nation's biggest retailer a financial presence that only a handful of banks have. Wal-Mart plans to open its 1,000th money center Tuesday.

The money centers cater to millions of the retailer's lower-income customers who don't have a bank account or significant relationships with a bank. The federal government estimates that the category accounts for one in four U.S. households.

"We think banks are not as interested in this customer and have a lot of other things on their plates," said Jane Thompson, president of Wal-Mart Financial Services. "So we see a lot of...space to service customers' basic financial needs."

Ms. Thompson described the money centers, which do three million to five million transactions a week, as "a very profitable part of our store," although the retailer didn't offer any specific numbers. Ms. Thompson said the centers are "getting way-above-average" comparable-unit growth and return on investment, because the units are cheap to put into stores.

The centers cash work and government checks, offer prepaid Visa debit cards that customers can load money onto for a $3 fee, and provide money-transfer and bill-payment services. Because it doesn't have a bank charter, Wal-Mart can't lend money and back deposits with a government guarantee, but the retailer has no plans to reapply for such a charter.

"We really do think we are fine without it," Ms. Thompson said. "There are healthy margins in the banking industry," she said, adding that check cashing, which costs between $3 and $6 per transaction, is the highest-demand service Wal-Mart performs.

Wal-Mart tried for several years to obtain a bank charter, most recently in 2007, when the retailer withdrew an application in Utah for an industrial-bank charter that would have allowed it to, among other things, lend money and back deposits with a government guarantee. Opponents were concerned that anindustrial-bank charter could lead to Wal-Mart becoming a retail banking giant with an inordinate amount of control.

"The fear is the company could force the bank it controls to lend to preferred parties and not to its competitors," said Rajesh Narayanan, a Louisiana State University finance professor, who has followed Wal-Mart's financial-services efforts.

Ms. Thompson said Wal-Mart's past efforts failed because of "banking regulators, limitations and politics."

Wal-Mart does have a banking charter for its stores in Mexico and is seeking approval for a banking charter for its Canadian stores.

With the expansion, Wal-Mart is "upping its game, becoming a financial supercenter," Mr. Narayanan said, adding that Wal-Mart's program is already believed to be the most comprehensive by any U.S. retailer. "What they are doing has tremendous benefits in terms of cross-selling because it brings people into the stores."

Ms. Thompson agreed: "We've created something that is a great strategic fit. It helps us pull people in the store."

As for Wal-Mart expanding its financial-service offerings, "we would like to find a way to add deposits," Ms. Thompson said. However, the deposit side of the business "is more of a service for people than a money maker" so Wal-Mart doesn't have a definite plan in place, she said.

The retailer works in the U.S. with General Electric Co.'s banking unit, which issues the Wal-Mart debit card. Green Dot Corp. processes customers' debit transactions. Ms. Thompson declined to discuss how the three parties split the proceeds. Transactions processed by the money centers total billions of dollars annually.

Wal-Mart began setting up the money centers in 2004, reaching the 1,000 mark over the next six years. The 500 coming this year are the result of remodelings that Wal-Mart is doing to many of its stores, space that has opened up, and demand, Ms. Thompson said.

Stores that don't have money centers are offering the services at customer-service counters. In other stores, Wal-Mart leases space to full-fledged banks.

The retailer—which operates about 3,500 Wal-Mart stores in the U.S.—plans to introduce additional money centers beyond this year. "This won't be the end of it," Ms. Thompson said.

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Where Our Stimulus Money is Going
March 12, 2010

Some have said that the stimulus hasn't saved any jobs, but here is a case where at least one job was saved.

According to an unnamed source, Oregon State University Athletic Director Bob DeCarolis was considering firing their basketball coach, Craig Robinson, after an 8-11 start (2-5 in the Pac 10 conference). When word of this reached Washington, Undersecretary of Education Martha Kanter was dispatched to Corvallis with $17 million in stimulus money for the university. The source now says that Craig Robinson's job is safe for this year.

For the record, Coach Robinson just happens to be Michelle Obama's brother.

 

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Mygofer and Kmart, a new kind of retailer?
By Laura Heller - WALLET POP/BLOG
Filed under: Shopping, Technology
March 10, 2010

Sears Holdings has been testing something called mygofer for nearly a year now that combines online shopping with the ability to pick up an order in person. Mygofer is carrying most items found in a standard discount store, including some perishables, but there's no need to even get out of the car. The entire order is brought out and loaded for you.

I had a brief love affair with online grocery service Peapod.com when it first appeared more than a decade ago. But the novelty wore off and I returned to browsing the actual store and never looked back. I also bought my first car so the convenience factor diminished significantly, but I don't enjoy navigating the parking lot, or the store for that matter. So it's with great interest that I'm watching this new retail concept unfold.

Mygofer is currently just a single location in a converted Kmart store in Joliet, Ill. There's a small lobby area from which you can place orders at a terminal, but it's basically a warehouse space filled with inventory.

Mygofer is still considered a beta project, or test. But it has recently been expanded to select Kmart stores. A recent visit to mygofer.com let me know that an order could be picked up at the nearest Kmart store just two hours later. Spokeswoman Brenda Storch explains that mygofer@kmart is expanding the pick up service to approximately 150 Kmart stores. Just enter your zip code at mygofer to find the nearest location to your home, or it can be shipped to you.

Even fancier is mygofer Plus, a service Storch says in available at even fewer Kmart stores and select workplaces. Order online and have it dropped off at your desk. I don't know how much you have to hate shopping to utilize something like mygofer, but it does seem to be a time saver. You only need to plan two hours ahead to save however much time you'd wander the store. And, someone helps load the car.

Customers can email service@mygofer.com to find out if there is a participating Kmart near them, says Storch.

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Bruce J. Graham, Chicago Architect Who Designed Sears Tower, Dies at 84
By
William Grimes - New York Times
March 10, 2010

Bruce J. Graham, whose integration of modernist design and sophisticated engineering in buildings like the John Hancock Center and the Sears Tower transformed the skyline of Chicago and reasserted the city’s pre-eminence as a world architectural capital, died on Saturday at his home in Hobe Sound, Fla. He was 84.

Mr. Graham’s buildings gave Chicago’s downtown a strong, vivid profile. Two of his most famous: the Sears Tower (now the Willis Tower), above, and the John Hancock Center, below.

Scott Olson for The New York Times The John Hancock Center, designed by Bruce J. Graham, in Chicago.

The cause was complications of Alzheimer’s disease, said his son, George.

Mr. Graham, an architect with Skidmore, Owings & Merrill from 1951 until his retirement in 1989, played a determining role in propelling Chicago forward from the protomodern city created by Daniel Burnham and Louis Sullivan in the late 19th century. His most visible legacy is the 100-story Hancock Center on North Michigan Avenue, completed in 1970, and the 110-story Sears Tower (now the Willis Tower) on the west side of the Loop, the world’s tallest building when it was completed in 1974.

“With those two skyscrapers he singlehandedly put Chicago back on the map,” said Joseph Rosa, the chairman of the department of architecture and design at the Art Institute of Chicago. “Without them, Chicago architecture would have been frozen in time. They expressed the optimism in Chicago and pointed toward what the future could be.”

Downtown Chicago — the Loop — shows Mr. Graham’s fingerprints at every turn. His many projects included the innovative Inland Steel Building (1957), based on an early plan by his Skidmore colleague Walter Netsch, and the Equitable Building and Chicago Civic Center (now the Richard J. Daley Center), both completed in 1965.

In the 1980s, he added to the skyline Three First National Plaza (1981), Madison Plaza (1982), the three pink-granite towers of One Magnificent Mile (1983), and the Quaker Tower (1987). South of the Loop, he designed McCormick Place North (1986), an extension of the city’s lakefront convention center.

A power broker who had the ear of Chicago’s business leaders and politicians, Mr. Graham was heavily involved in drafting the Chicago 21 plan in 1973. It called for the transformation of Navy Pier into a recreation area, the straightening of the S curve on Lake Shore Drive and an additional rerouting of the drive to free up land for the Chicago Museum Campus, a 57-acre setting of terraced gardens and walkways for the Adler Planetarium, the Shedd Aquarium and the Field Museum. All are defining features of the city today.

Mr. Graham also designed buildings across the United States and in Hong Kong; Cairo; Barcelona, Spain; Seoul, South Korea; and elsewhere abroad. In London, he led the Skidmore team that drafted the master plan for Canary Wharf in the Docklands district and presided over the design of Broadgate, a mixed-use development near Liverpool Street Station.

His signature buildings, bold and muscular interpretations of the Miesian glass box, gave Chicago’s downtown the strong, Barrymore-like profile with which it faces the world. Buildings, he said in a 1997 interview for an oral history project at the Art Institute of Chicago, should be “clear, free of fashion and simple statements of the truth.”

Bruce John Graham was born on Dec. 1, 1925, in La Cumbre, a small town outside Cali, Colombia. His father, an international banker born in Canada, traveled widely. Within a few years the family settled in San Juan, P.R., where Bruce grew up and made a hobby of mapping the city’s slum neighborhoods.

At 15 he won a scholarship to the University of Dayton in Ohio to study engineering. It was not until he traveled to the United States, he once said, that he first saw a building over 10 stories tall.

In 1943 he enlisted in the Navy and, after training as a civil engineer and a radar technician, served in the Philippines. On returning from military service he enrolled in the University of Pennsylvania, where he earned a degree in architecture in 1948.

On graduating, he moved to Chicago and sought out Mies van der Rohe, who sent him to Holabird, Root & Burgee. There he learned to make working drawings and, after two years, joined Skidmore, Owings & Merrill, a firm on the rise, where he was made a design partner in 1960.

Mr. Graham’s engineering bent found expression not only in his buildings. “He redefined how an architectural studio operates,” Mr. Rosa of the Art Institute said. “He allowed architects and engineers to have an equal voice, and this led to innovations.”

With Fazlur Khan, Skidmore’s chief structural engineer, he came up with ways to maximize office space at minimal cost. The signature X braces and exterior columns of the Hancock Building, like the exterior stainless-steel columns of the Inland Steel Building, freed up interior space and lowered costs. The Sears Tower, renamed the Willis Tower in 2009, consists of nine mutually supporting square tubes, staggered in height, allowing two towers to rise the final 20 stories of the 110-story building.

In 1999 the Hancock Building was awarded the American Institute of Architects’ 25 Year Award, given to buildings “of enduring significance” between 25 and 35 years old.

“In the heartland we believe in a direct relationship between work and thought,” he told The New York Times in 1976. “We make real buildings; we are not abstract about life, as they are in New York.”

Mr. Graham thought big, but one of his grandest schemes came to naught. In 1980 he sat down with a team of architects to draft a plan for a 1992 World’s Fair in Chicago to match the visionary fairs of 1893 and 1933, both of which altered the cityscape by creating parks and public buildings. The plan called for a series of exhibition buildings to be constructed on the near South Side and 500 acres of lagoons and islands to be reclaimed from Lake Michigan.

With the city’s economy and government in disarray, and many community groups opposed, the project withered and finally died in 1985.

In 1989 Mr. Graham retired from Skidmore and opened the firm of Graham & Graham with his second wife, the former Jane Abend, who ran the interiors department at Skidmore. She died in 2004.

In addition to his son, George, of Manhattan, Mr. Graham is survived by a sister, Margaret Graham Lewis of Gibson Island, Md.; two daughters, Lisa Graham Langlade-Demoyen of Paris and Mara Graham Dworsky of Altadena, Calif.; and six grandchildren.

“When I was a child, my dream was to build cities,” Mr. Graham told the interviewer from the Art Institute in 1997. He was asked if that was real or a child’s fantasy. “It grew into less than a fantasy,” he said.

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Apostle of Architecture's Power Left Mark on Chicago Skyline
By Stephen Miller - Wall Street Journal
March 10, 2010

Bruce Graham was the architect behind Chicago's Sears Tower, the tallest building in the world when it was opened in 1974 and still the tallest building in the U.S.

Mr. Graham, who died Saturday at age 84, was senior design partner at Skidmore, Owings & Merrill and was involved with projects including Canary Wharf in London and King Abdul Aziz University in Saudi Arabia. Skidmore, Owings & Merrill Bruce Graham with a model of the John Hancock Center in the 1960s.

But Chicago was where Mr. Graham left his greatest mark, not only in the Sears Tower, but in the city's second-tallest building, the John Hancock Center, two buildings that together bracket the city's skyline—much of which he also helped design.

He also played an important role in developing a downtown master plan for Chicago.

Following in the footsteps of such giants of Chicago architecture as Daniel Burnham and Ludwig Mies van der Rohe, Mr. Graham was an outspoken advocate of the power of architecture to communicate messages of optimism and power.

Born in Colombia of Scottish and Peruvian descent, Mr. Graham grew up in Puerto Rico and served in the Navy during World War II.

After graduating with a degree in architecture from the University of Pennsylvania in 1948, he moved to Chicago and sought out Mies, a pioneering modernist architect.

Mies advised him to take an internship with Holabird & Root, an old-line firm that had erected a number of the city's most impressive structures, including Soldier Field and the Chicago Board of Trade Building. In 1951, Mr. Graham was hired by Skidmore, Owings & Merrill (SOM).

Mr. Graham and Mies struck up a friendship. In a 2002 interview for the SOM Journal, Mr. Graham said that he once asked Mies why he didn't move into 860 Lake Shore Drive, a landmark glass-and-steel apartment complex Mies had designed.

"[Mies] said, 'There's no place to put the furniture. I was born in a little village in Germany. I can dream and imagine this new world, but I can't live in it,' " Mr. Graham said in the interview.

In his biggest projects, Mr. Graham took Mies's plain glass and steel and added to them elements that revealed their underlying structure.

The Hancock Plaza building, which opened in 1970, was among his first to utilize so-called "tube" construction, an external steel frame instead of an internal cage of steel. Prominent X-shaped braces made the building instantly recognizable.

The Hancock Center, which rose to 100 stories, was to be among Mr. Graham's proudest creations.

"Ask any Americans in Chicago what building they like most in the city," he told Progressive Architecture in 1991. "The Hancock Building." Mr. Graham was sometimes described as arrogant—architect Frank Gehry, a sometime collaborator, recently told the Associated Press he was "gruff and cantankerous."

Said architect Stanley Tigerman, a friend, collaborator and occasional sparring partner of Mr. Graham's, "He was a wonderfully good architect. He was the only one in Chicago of his generation that supported successive generations of architects."

But, added Mr. Tigerman, "He was a very tough guy."

Mr. Graham's use of tube construction reached its apotheosis in the Sears Tower (recently renamed the Willis tower), which consisted of conjoined tubes of varying heights.

Mr. Graham, a smoker, first demonstrated the concept to his engineering partner at SOM, Fazlur Khan, by gripping a bundle of cigarettes, with the ones at the center sticking up higher.

Of the nine tubes at the base of the building, only two ascended to the 1,451-foot high top of the structure, which opened in 1974.

Mr. Graham insisted that not only did the unusual bundled tube structure make for a lighter building that used less steel, but that it was also stronger.

In a 2004 interview with the Port St. Lucie News, near where he had retired in Hobe Sound, Fla., Mr. Graham said that the 9/11 bombers would have been less successful hitting the tallest building in Chicago. "If that plane would have hit the Sears Tower, the plane would have fallen, not the tower," he said.

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Bruce Graham, architect of Willis Tower
and John Hancock Center, dies at age 84

By Blair Kamin - Tribune Critic - Chicago Tribune
March 9, 2010

Bruce Graham, the hard-driving architect of the WillisTower, once the world’s tallest building, and the John Hancock Center, the X-braced giant that became a symbol of Chicago's industrial might, died Saturday at his home in Hobe Sound, Fla., about 100 miles north of Miami.

He was 84 years old. The cause of death was complications from Alzheimer’s disease, said his son George.

At the peak of his influence, from the 1960s through the 1980s, Graham was the top man at Chicago’s biggest architectural firm, Skidmore, Owings & Merrill, and had the ear of the city’s leading business leaders and politicians. From that power base, he shaped a legacy that suggests the epitaph on the tomb of Sir Christopher Wren, who is buried in his masterpiece, St. Paul’s Cathedral in London: “Reader, if you seek his monument, look around you.”

Besides the Willis (originally Sears) Tower and the Hancock Center, which bracket the Chicago skyline like enormous black parentheses, Graham played a major role in designing such landmark Chicago structures as the Inland Steel Building, Three First National Plaza, One Magnificent Mile and the 1986 expansion of McCormick Place.
And Graham’s impact extended beyond individual designs. Though his name is often linked with the planning for the aborted 1992 Chicago World’s Fair, he helped produce the visionary Chicago 21 plan of 1973, which led to such improvements as the Museum Campus.

“He was the Burnham of his generation,” said the Chicago architectural historian Franz Schulze, referring to the legendary Chicago architect and urban planner Daniel Burnham.

Graham’s best designs lent a Chicago-style muscularity to the lean, crisp modernist look brought to perfection by Ludwig Mies van der Rohe.

Sears Tower and the Hancock Center became pop icons, their dark, big-boned look featured on everything from postcards to television news sets. In one measure of its broad-based appeal, the Hancock was nicknamed “Big John,” after London’s “Big Ben.”
Reviewing Sears Tower in 1974, the late Tribune architecture critic Paul Gapp called the skyscraper “a building whose exterior profiles are a bold, vital and exciting departure from orthodox mediocrity; a finely engineered piece of sculpture, even if its interior is largely nondescript in the big-corporation manner.”Graham’s detractors, who at first included Chicago architect Stanley Tigerman (the two later became allies), termed Graham a businessman rather than an artist. Yet few disputed that Graham was the most powerful Chicago architect of his generation or that he was a leader, along with the SOM structural engineer Fazlur Khan, in shaping supertall structures that were unthinkable to old-fashioned architects wielding T-squares.

Soaring more than a quarter of a mile into the sky, the 1,451-foot, 110-story Sears Tower epitomized Graham’s technical prowess. It reigned as the world’s tallest building from 1973, when construction workers raised a beam autographed by the late Mayor Richard J. Daley to the top of its structural framework, to 1996, when it lost its title to the spire-topped Petronas Twin Towers in Kuala Lumpur, Malaysia. The Chicago high-rise remains the nation’s tallest building.

Though Graham was slim and had a kindly, craggy expression, he invariably was described as tough, as forceful as a steamroller. At SOM, the office credo was: “If you disagree with Graham, shut up.”

Graham designed corporate headquarters, universities, hotels and other buildings in London, Barcelona, Cairo, Guatemala City, Seoul, Los Angeles, Houston, Boston, Atlanta, Kansas City, Milwaukee, Wichita, Nashville, Tulsa, Madison, Kalamazoo, Mich. and north suburban Deerfield (the Baxter Travenol Laboratories). He played a major role in planning for London’s vast Canary Wharf development.

Yet his most profound influence came in Chicago, where he sought to express the essence of a pre-high tech city that still forged steel in the mills along Lake Michigan and made clothing and other durable goods in the large loft factories around downtown.
“To my mind, American architecture, born in the Middle West, is an architecture born of people who know how to make things,” Graham said in a 1992 video about Chicago’s skyscrapers.

Born on Dec. 1, 1925 in La Cumbre, Colombia, a small mountain town outside the city of Cali, Columbia, Graham was the son of a Canadian-born international banker and Peruvian mother. He grew up in Puerto Rico, where he demonstrated an early interest in cities, making maps of unchartered slums. Spanish was his first language.

Graham originally came to the United States in the 1940s to study engineering. But during a stint in the Navy from 1943 to 1945, which included a stop at the wartime naval training center at Navy Pier, he discovered that his real interest was architecture.

After serving in the South Pacific, he got his bachelor of architecture degree from the University of Pennsylvania in 1948. He then journeyed to Chicago, the hometown of his first wife, and sought out Mies, the master of the steel-and-glass box.

Mies told him to work for Chicago architects Holabird, Root and Burgee because they still knew how to build “permanent buildings,” as opposed to the inexpensive, temporary buildings put up during the Depression and World War II.

Graham did his apprenticeship at the Holabird office from 1949 to 1951, then left for the up-and-coming firm of Skidmore, Owings and Merrill, which was filled with rising young talents, such as Walter Netsch, who would go on to design the Chicago Circle campus of the University of Illinois. At SOM, Graham and Netsch would start a long-running feud.
“Bruce Graham is very tough,” Netsch told the Tribune in a 1981 interview. “Seldom do you find a good guy who is a great architect.”

Graham replied: “If I had wanted to destroy Walter Netsch, I would have. I could have. As it was, I encouraged him.”

The two rivals will be forever linked because they both had a hand in one of SOM’s finest projects, the Inland Steel Building of 1957 at 30 W. Monroe St. Following the Depression and World War II, it was the Loop’s first office building in more than 20 years.

Graham inherited an early plan from Netsch, who was pulled off the project to work on the U.S. Air Force Academy campus in Colorado Springs, Colo.

The building turned out to be path-breaking, its open expanses of office space made possible by the placement of structural columns on the building’s perimeter and the consolidation of elevators and other services in an adjoining service tower. A leader in using silvery stainless steel as a cladding material, Inland Steel was an aesthetic triumph. The City of Chicago named it an official landmark in 1998, just forty years after its completion.

Elevated to design partner at SOM in 1960, Graham enjoyed other successes, such as the Equitable Building of 1965 at 401 N. Michigan Ave., an olive-colored essay in structural expressionism.

But Graham’s greatest triumph came in the 1970 with the completion of the mixed-use Hancock Center, which housed stores, parking, offices, apartments (now condo-miniums), an observatory and a bar and restaurant under its 1,127-foot-tall roof.
Located at 875 N. Michigan, the Hancock was originally conceived as a separate office building and apartment building. Upon hearing that the office space would be hard to rent because the site was far from downtown’s train stations, the project’s original developer, Jerry Wolman of Philadelphia, reduced the size of the office building and opted to place apartments on top of it. Graham and Khan did the rest, combining blue-collar muscle and black-tie elegance in a giant truncated obelisk.

Unlike earlier skyscrapers, in which an internal cage of steel carried most of the building’s load, the Hancock’s exterior columns, beams and X-shaped braces formed a rigid tube that did most of the heavy lifting and braced the building against the wind. The arrangement allowed the Hancock to be erected for the same cost as a conventional 45-story office building. And the stacked X-braces offered an instantly recognizable skyline image, quickly silencing detractors who had likened the Hancock to an oil derrick.

So deeply did the building become ingrained in the Chicago psyche that, in 1989, Mayor Richard M. Daley attacked the owner’s plan to fill in the tower’s sunken plaza and add a three-story retail atrium to its base. “Don’t put a skirt on Big John,” signs carried by protestors said. The plan was replaced by a belowground elliptical plaza that allowed the tower’s monumental synthesis of architecture and engineering to remain undefiled.

Though the Hancock shattered the fragile scale of the old Michigan Avenue and its low-rise, Beaux-Arts buildings, it paved the way for other tall mixed-use buildings, creating a dense, but thriving, high-rise district. “It really is easy to shop from the Hancock building, you just go down the elevators and you’re in the shopping center,” Graham told Betty Blum, who interviewed him in 1997 for the Art Institute of Chicago’s architects oral history project.

In 1999, the Hancock won the American Institute of Architects’ prestigious 25-Year Award, which is annually conferred upon a design of enduring significance that is 25 to 35 years.

Sears Tower offered an even taller variation on the tube theme, consisting not of a single tube, as at the Hancock, but nine interlocked tubes that created the world’s tallest building.

The tower was built for Chicago-based Sears, Roebuck and Co., then the world’s largest retailer, which originally had wanted a building of just 60 stories. (It was renamed the Willis Tower in 2009 in recognition of the British insurance brokerage company that has office space there.)

As Graham, a smoker, related the story of Sears Tower’s beginning, he went to lunch with Khan at the Chicago Club. At the table, he grabbed a handful of cigarettes, cupped some in his hands and placed a smaller group on top, demonstrating what came to be called the “bundled tube” concept. Khan, who is credited with developing the idea, later said that it “constituted a whole new architectural vocabulary.”

The 75-foot square tubes rose together until two dropped off at the 50th floor, two more stopped at the 66th, and three more at the 90, leaving only two to rise to a summit that frequently disappears in low-lying clouds.

The tubes at once delivered column-free office space and created a lightweight framing system that did not put a financial premium on height. They also allowed Sears to occupy the tower’s lower floors while renting the smaller, prestigious upper floors, with their uninterrupted views, to law firms and other tenants.

The tower brought the world’s tallest building title back to Chicago from New York, where the Empire State Building had held it for decades and the World Trade Center had grabbed it briefly in the early 1970s. And Sears won critical praise, at least initially, because its strong skyline profile broke out of the straitjacket of the steel-and-glass crackerbox.

But as time passed, Sears’ luster dimmed. It barren ground-level plaza was rarely used. Many Sears employees found their new home antiseptic compared with Sears’ old low-rise headquarters on the West Side.

“Sears workers used to brag about the fact that each light in the massive West Side complex was turned off at night in the spirit of corporate loyalty, but now a computer turned off the lights,” Donald R. Katz wrote in “The Big Store: Inside the Crisis and Revolution at Sears.” “Instead of the sound of children at play after school, a voice came over the intercom speakers at four o’clock every day to tell you if it was raining outside, because it was often impossible to tell from inside the upright city.

The final blow came when the Sears Merchandise Group left the tower in 1992 for a low-rise office complex in northwest suburban Hoffman Estates.

Graham rejected the idea that his design was inhumane. “I don’t care whether people say that or not, it doesn’t matter,” he told Blum. “The insults that all the big buildings have had to endure in the past makes me feel good.”

By the time Sears opened, a major revolt against modernism was underway in American architecture--one that would shake Graham and SOM’s dominance in Chicago.

With the advent of postmodernism in the 1970s, architects such as Philip Johnson and Michael Graves rejected the sterile, steel-and-glass boxes turned out by Mies and his followers and embraced decoration, whimsy and eclecticism, epitomized by the scooped-out “Chippendale” top of Johnson’s AT&T Building in New York City.

Graham responded with tentative departures from the Miesian mold, such as the slope-roofed 33 W. Monroe St. of 1980, the first office building with three stacked atriums.
A more definitive break came in the granite-clad Three First National Plaza of 1981, located at Dearborn and Madison Streets. Its sawtooth shape created numerous corner offices. In One Magnificent Mile, a 1983 trio of towers at 940-980 N. Michigan, Graham recycled the bundled tube concept of Sears, but dressed the structure in pink granite.
Yet the Quaker Tower of 1987 (now 321 N. Clark St.) marked a reversion to boxy steel-and-glass modernism. And the McCormick Place North expansion of 1986, with its diamond pattern expressing the building’s concealed truss system, represented “a faint echo” of Mies’ unbuilt Chicago convention hall project of the 1950s, according to the American Institute of Architects “Guide to Chicago.”

If Graham’s architectural influence was waning by the early 1980s, his urban planning impact was not.

He already had worked with SOM partner William Hartmann on the Chicago 21 Plan of 1973, which recommended several major public works that would subsequently transform Chicago’s lakefront: the rebuilding of once-rundown Navy Pier into a recreation attraction for families, the straightening of the notorious Lake Shore Drive “S” curve and the relocation of another section of the Drive to create the Museum Campus.

The plan, whose name reflected its desire to prepare Chicago for the 21st Century, was commissioned by the Chicago Central Area Committee, a powerful group of downtown business leaders that Graham himself would lead in the mid-1980s.

From 1980 to 1985, Graham was at the center of another controversial civic undertaking--the planned 1992 Chicago World’s Fair. Business leaders wanted Chicago to recapture the glory of the great Chicago world’s fairs of 1893 and 1933-34 and to demonstrate that Chicago was more than another aging Rust Belt city. Mayor Jane Byrne backed their plans for an extravaganza along the Near South Side lakefront.

With backing from the city’s business community, Graham and SOM, aided by Tigerman and other notable architects, drew up a master plan that included 500 acres of lakefill and huge exhibition buildings. The new lakefill would have created an archipelago of islands and lagoons, a proposal that civic groups had long advocated.

But community activists criticized the project, calling it a grab by downtown business interests for resources needed by the neighborhoods. The late Mayor Harold Washington was too busy fighting the white-ethnic block of aldermen in “Council Wars” to put much effort into a project started under Byrne. Illinois House speaker Michael Madigan delivered the final blow by withholding the state legislature’s financial support.

The fair, which was declared dead in 1985, represented Graham’s last major Chicago undertaking.

In the late 1980s, Graham led SOM’s master plan for the Canary Wharf docklands area of London. He also handled the firm’s mix-used Broadgate complex in the same city.
Graham retired from SOM in 1989 and started the firm of Graham and Graham with his second wife Jane, who died in 2004. “My mother was an architect in her own right. She was in charge of the interiors department at SOM,” George Graham said. “My mother was his partner in more than just a marital sense. When he would design buildings, they would talk about them and she would critique.”

Graham was a fellow of the American Institute of Architects and a trustee of the Art Institute of Chicago, the Museum of Contemporary Art Chicago, Northwestern Memorial Hospital, the Urban Land Institute, and the University of Pennsylvania. He was chairman of the university’s board of overseers.

In his retirement, Graham lived in a low-slung modern house, set on stilts, in the Florida town of Hobe Sound. Marshes, pines and palmettos made up his “front yard.”

When a reporter from the Fort Pierce (Florida) Tribune called on him in 2004, nearly three years after hijacked jets toppled the twin towers of the World Trade Center in 2001, Graham demonstrated that he had lost none of his fire or self-assurance.

“If that plane would have hit the Sears Tower,” he told his visitor, “the plane would have fallen, not the tower.”

Survivors include his three children: George, of New York City; Lisa Graham Langlade-Demoyen of Paris; Mara Graham Dworsky of Altadena, Ca; his sister, Margaret Graham Lewis of Gibson Island, Md.; and six grandchildren.

A private memorial service will be held in Hobe Sound, Fla. A memorial service will be held in Chicago, at a date to be determined.
Posted at 04:54:37 PM

Comments

Fix the headline...He was the architect of the Sears Tower, later renamed the Willis tower.

BK: The building's name is Willis Tower. I am a journalist who deals in facts. I am not going to change the facts to suit your preferences. This is an obituary devoted to an important architect's career. Let's focus on that and not the name change.
Posted by: No Thanks | March 08, 2010 at 05:05 PM

Bruce Graham didn't design the Willis Tower, he designed the "Sears Tower" (which it will always be the Sears Tower). Not only did he design "Buck and Big John", but he helped to transcend the Skyline of Chicago, and to make it one of the premier architectural centers of the world. His gift of the "height, modernism and design" that he provided to Chicago, can never be overlooked, under-appreciated or never forgotten.
Posted by: kpchitownfan | March 08, 2010 at 05:36 PM

It should be of little concern what name we now call Sears Tower. What is more significant to me is the effect Mr. Graham had on the field and practice of architecture. Along with Fazlur Kahn, he defined a new vocabulary that influenced many great architects who worked with him. He will be missed. My condolences to his family and friends.
Posted by: Jon Miller, President - Hedrich Blessing Photographers | March 08, 2010 at 06:20 PM
He was an amazing talent.
Posted by: Wendy C | March 08, 2010 at 06:25 PM

Bruce Graham designed the SEARS TOWER, not the WIllis Tower. The difference is subtle, but to claim he desgned the Willis Tower is factually incorrect.
Posted by: CynicalSuburbanite | March 08, 2010 at 06:32 PM

Yeah . . . . he was a big time operator . . . . .but he ended up like all the rest of us will.
Posted by: Robert M Kraus | March 08, 2010 at 06:43 PM

I had the honor and pleasure of working for Mr. Graham in the early 90s. He was gruff and direct, but a great man and a true visionary. He and Mr. Kahn were great partners and produced some of the world's great architecture. That such a great mind was taken by such a horrible disease, is truly, a great tragedy.
And yes, it is the SEARS Tower.

Posted by: David L. Fisher | March 08, 2010 at 06:53 PM
BK, while I agree with the rest of the commentors that it is the Sears Tower...
This was quite an exceptional article and tribute to Mr. Graham. Well done.
Posted by: JJ | March 08, 2010 at 09:31 PM

I didn't realize Bruce Graham (The name we should remember - not worrying about a name of a building. Just like when Marshall Fields changed to Macy's - people were upset but we moved on. yes?) designed Inland Steel Building! Awesome.
Bruce Graham you will be missed :)
Posted by: Zora Mae | March 08, 2010 at 10:10 PM

BK-
Great column. One error though: the Sears Tower lost its title to the Petronas in 1998 not 1996.

BK: I'm sorry, but you're wrong. The title changed hands in 1996.
March 08, 2010 at 10:43 PM

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Macy’s wrapping it up on gift-wrapping
By Sandra M. Jones, Chicago Tribune
March 5, 2010

The legacy of the department store as an oasis of customer service fell another notch this week when Macy's Inc. disclosed it is shutting down its gift-wrap department.

The retailer, like most these days, has been under pressure to cut costs. Staffing stores with clerks to cut paper and fold ribbons doesn't come cheap.

Department store services have been fading away for years. So it's no surprise that one more vestige of the traditional department store is going the way of coat checks, tea rooms and hair salons.

Still, there is something ironic in eliminating gift-wrapping in a culture where shoppers, even those on a budget, are short of time and looking for convenience.

"It's penny-wise, but pound-foolish," said Pamela Danziger, president of Unity Marketing, a luxury market research firm. "It doesn't make sense. In our research, people are willing to pay extra to get a good presentation. By the time you buy the ribbons and bags yourself, it's $5 to $10, and you still have to do the work to wrap it."

Macy's gift-wrap prices range from $5.95 for a small box to $15.95 for an extra-large box, said Macy's spokesman Jim Sluzewski. Bridal registry gifts are $7.95 for all sizes.

Macy's isn't alone. J.C. Penney Co. used to offer gift-wrap around the holidays but doesn't anymore. It stopped offering the perk six or seven years ago as a cost-saving move, said Ann Marie Bishop, spokeswoman for the midtier department store chain. Lord & Taylor also no longer offers gift-wrap.

On the other hand, Bon-Ton Stores Inc., a rival midtier department store chain that includes Carson Pirie Scott, has kept its gift-wrap operation intact, said spokeswoman Mary Kerr.

As far back as the 1960s, retail pundits started to worry that department store cost structures wouldn't be able to support all the perks that made them so enticing, from no-questions-asked return policies to valet parking. And indeed, by the 1980s, discount chains, including Target, Wal-Mart and Kohl's, began to take over the retail landscape, betting that shoppers would tolerate bare-bones service in order to get a good price.

One way to get around the expense of hiring gift-wrappers is to create a box and ribbon that sales clerks can package at the counter.

Nordstrom Inc., for example, stocks shiny, silver gift boxes and instructs clerks to wrap purchases carefully in tissue paper and walk around the front of the counter to present the finished package to shoppers. The gift box is free.

Even Neiman Marcus keeps it simple, with a silver box adorned with a bow and a special trinket, such as a key chain or small picture frame. The standard charge is $7.50, and for big spenders it's free.

Family-run Von Maur stands out as an exception. The Midwestern department store chain has been offering free gift-wrap since 1988 and has a separate gift-wrapping counter tucked away in a corner of the store, with eight separate choices of paper.

Macy's has been considering cutting out its gift-wrap operation for three years, said Sluzewski. The retailer tested the move in a few places before instituting the change at its more than 800 stores nationwide with a few exceptions, including Macy's flagship Chicago store, he said.

Macy's online wedding-registry service will also start offering engaged couples the option of asking their guests to send unwrapped gifts, Sluzewski said.

"There has been concern about the cost structure of department stores for many years, particularly the labor costs," said Homer Johnson, professor of management at Loyola University Chicago's school of business administration. "But they are between a rock and a hard place because their attraction was that they offered service, whereas the discounters didn't. So if they cut service, they cut out the very characteristic that made them attractive."

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Opinion Declarations:  What a Disaster Looks Like
ObamaCare will have been a colossal waste of time
—if we're lucky.
By Peggy Noonan - Wall Street Journal
March 5, 2010

It is now exactly a year since President Obama unveiled his health care push and his decision to devote his inaugural year to it—his branding year, his first, vivid year.

What a disaster it has been.

At best it was a waste of history's time, a struggle that will not in the end yield something big and helpful but will in fact make future progress more difficult. At worst it may prove to have fatally undermined a new presidency at a time when America desperately needs a successful one. In terms of policy, his essential mistake was to choose health-care expansion over health-care reform. This at the exact moment voters were growing more anxious about the cost and reach of government.

The practical mistake was that he did not include or envelop congressional Republicans from the outset, but handed the bill's creation over to a Democratic Congress that was becoming a runaway train. This at the exact moment Americans were coming to be concerned that Washington was broken, incapable of progress, frozen in partisanship.

His political mistakes were myriad and perhaps can be reduced to this

There are all sorts of harm a new president can do to his presidency. Right now, part of the job of a new president in a hypermediaized environment is harm avoidance. This sounds defensive, and is at odds with the wisdom that presidents in times of crisis must boldly go forth and break through. But it all depends on what you're being bold about.

Why, in 2009, create a new crisis over an important but secondary issue when we already have the Great Recession and two wars? Prudence and soundness of judgment are more greatly needed at the moment. New presidents should never, ever, court any problem that isn't already banging at the door. They should never summon trouble. Mr. Obama did, boldly, perhaps even madly. And this is perhaps the oddest thing about No Drama Obama: In his first year as president he created unneeded political drama, and wound up seen by many Americans not as the hero but the villain.

In Washington among sympathetic political hands (actually, most of them sound formerly sympathetic) you hear the word "intervention," as in: "So-and-so tried an intervention with the president and it didn't work." So-and-so tried to tell him he's in trouble with the public and must moderate, recalibrate, back off from health care. The end of the story is always that so-and-so got nowhere. David Gergen a few weeks ago told the Financial Times the administration puts him in mind of the old joke: "How many psychiatrists does it take to change a lightbulb? Only one. But the lightbulb must want to change. I don't think President Obama wants to make any changes."

Sometimes when I look at the past three chief executives, I wonder if we were witnessing not three presidencies but three psychodramas played out on an intensely public stage.

What accounts for Mr. Obama's confidence and certainty?

Well, if you were a young progressive who'd won the presidency by a comfortable margin in a center-right country, you just might think you were a genius. You might not be surprised to find yourself surrounded by a cultish admiration: "They see him as a fabled figure," said a frequent White House visitor of some on the president's staff.

You might think the great strength you demonstrated during the campaign—an ability to stay in the game you're playing and not the game someone else is playing, an ability to proceed undistracted by the crises or the machinations of your opponents, but to just keep playing your slow and steady game—is a strength suitable to your presidency. If you choose to play health care, that's the game you play, straight through, no jeers from the crowd distracting you. If you were a young progressive who'd won the presidency against the odds, you probably wouldn't see yourself as someone who lucked out, with the stars perfectly aligned for a liberal victory. And you might forget we are more or less and functionally a 50-50 country, and that you have to keep your finger very much on the pulse of the people if you're to survive and prosper.

And now here are two growing problems for Mr. Obama.

The first hasn't become apparent yet, but I suspect will be presenting itself, and soon. In order to sharpen the air of crisis he seems to think he needed to get his health-care legislation passed, in order to continue the air of crisis that might justify expanding government and sustaining its costs, and in order, always, to remind voters of George W. Bush, Mr. Obama has harped on what a horror the economy is. How great our challenges, how wicked our businessmen, how dim our future.

This is a delicate business. You can't be all rosy glow, you have to be candid. But attitude and mood matter. America has reached the point, a year and a half into the crisis, when frankly it needs some cheerleading. It can't always be mourning in America. We need some inspiration from the top, need someone who can speak with authority of what is working and can be made to work, of what is good and cause for pride. We are still employing 130 million people, and America is still competitive in the world, with innovative business leaders and practices.

The president can't be a hope purveyor while he's a doom merchant, and he appears to believe he has to be a doom merchant to justify ramming through his legislation. This particular legislation is not worth that particular price.

All this contributes to a second problem, which is a growing credibility gap. In his speech Wednesday, demanding an "up or down" vote, the president seemed convinced and committed—but nothing he said sounded true. His bill will "bring down the cost of health care for millions," it is "fully paid for," it will lower the long term deficit by a trillion dollars.

Does anyone believe this? Does anyone who knows the ways of government, the compulsions of Congress, and how history has played out in the past, believe this? Even a little? Rep. Bart Stupak said Thursday that he and several of his fellow Democrats won't vote for the Senate version of the bill because it says right there on page 2,069 that the federal government would directly subsidize abortions. The bill's proponents say this isn't so. It would be a relief to have a president who could weigh in believably and make clear what his own bill says. But he seems to devote more words to obscuring than clarifying.

The only thing that might make his assertions sound believable now is if a group of congressional Republicans were standing next to him on the podium and putting forward a bill right along with him. Which, obviously, won't happen, for three reasons. First, they enjoy his discomfort. Second, they believe the bill is not worth saving, that at this point no matter what it contains—and at this point most people can no longer retain in their heads what it contains—it has been fatally tainted by the past year of mistakes and inadequacies.

And the third reason is that the past decade has taught them what a disaster looks like, and they've lost their taste for standing next to one.

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A new Web initiative will enlarge Sears' vigorous online marketing plan
by Camila Russo -  - Medill Reports
March 4, 2010

Need a plumber? Screen their bids to fix your faucets at servicelife.com. House cleaning tips? Ask an expert at managemylife.com. In a hurry? Use the Sears2Go app on your smart phone. Matchmaker? Yes! Sears even has one of these services, of sorts: to find the camera or television that is just right for you.

It's hard to keep up with all of the Web initiatives that Hoffman Estates-based Sears Holdings Corp. has launched during the past year, and it's not finished. More will be introduced into the virtual marketplace during the next few weeks, one of the company’s Web developers says.

“I can’t share numbers but we are engaged to do more of these products, so that should be an indicator that they have been successful,” said Dror Liwer, a principal at New York marketing firm Zemoga. “So if we would have had this conversation in two weeks, you would have seen these new products already online." Liwer, who developed Sears’ Matchmaker Web sites, said he could not give more details.

Sears’ efforts are paying off, at least in Web traffic. It was ranked third in search visits in a report issued in December by Internet Retailer, a trade Web site. Trailing behind, competitors Wal-Mart Stores Inc., Target Corp. and Lowe’s Cos. Inc. ranked 14, 20 and 76, respectively.

Web traffic has been translating into sales. The company’s e-commerce has increased by double digits during the past two years, Sears’ officials said to journalists recently. The company wouldn't provide current numbers, but recent gains have come on top of the 6 percent of total sales in 2008 reported by Internet Retailer. This is more than Wal-Mart's $1.7 billion in e-commerce computed by Internet Retailer.

Industry experts say Sears’ efforts are commendable, but are skeptical that this strategy will contribute importantly to improving the company’s overall results. In its fiscal year ended Jan. 30 Sears earned $235 million, or $1.99 per diluted share, a four-fold increase from $53 million, or 42 cents per diluted share, a year earlier. But sales dipped 5.8 percent to $44 billion from $46.7 billion.

“Sears’ Web initiatives have potential. It is good that they are making an effort to innovate and reach a broader audience through the Internet,” said Mara Devitt, a partner in retail consulting firm McMillan Doolittle, in Chicago. “But these projects are not cohesively thought out. It looks like they are dipping their toe in e-commerce, trying to see what things work and which don’t. It remains to be seen if this translates into actual growth.”

Ben Fleener, president at marketing firm Dynamics LLC, in Lexington, Mass, said, “It is good that they are trying new things, instead of plodding along. Sears hasn’t just tried to beef up their Sears.com; they have also launched other sites in a multiple Web strategy. But they have got to drive more traffic in the stores.”

Wall Street is equally dubious. The eight analysts following Sears’ stock are split evenly between “hold” and “sell” ratings, with no “buy” recommendations. Also, they predict a loss of 17.5 cents per diluted share this year, according to Bloomberg LP.

These forecasts come even after the company’s most profitable quarter in three years. It more than doubled its fourth quarter profit to $430 million, or $3.74 per diluted share, from $190 million, or $1.99 per diluted share, in the year-earlier quarter.

“We were not impressed by Sears’ fourth quarter profits,” said Kimberly Picciola, analyst with Morningstar Inc. in Chicago. “It had a modest margin expansion due to well managed inventory levels and cost-cutting efforts, but sales at its full-line stores were down 6.1 percent.” Picciola also said the 1.7 percent sales increase at Sears’ subsidiary Kmart was not enough to raise her “underperform” rating.

It was the second consecutive quarter that Sears' discount chain Kmart improved its same-store sales, benefiting from holiday toy and home goods sales. General merchandise offered by Kmart is selling better during the recession than the big-ticket items in Sears’ stores.

Nevertheless, James Dion, president of Chicago retail consulting firm Dion Co., expressed a blunt view of the Sears subsidiary. “I have three words for Kmart: Dead man walking.” Dion said most of Sears’ profits come from selling its assets and that Kmart’s sales are not enough to help the company. “They are only delaying the inevitable: going out of business.”

Some analysts say Sears’ recognized brands, such as Kenmore, Craftsman and DieHard, offer hope. Fleener of Dynamics LLC said Sears’ main opportunity for growth is to “leverage its strong brand names, such as Kenmore and Craftsman. The challenge there is to get new costumers to buy those traditional products.”

But Dion disagrees with the company’s recent decision to allow its Craftsman and DieHard brands to be sold by other stores. “By franchising its brands, Sears gets smaller margins and the customer doesn’t even need to come into the store to get those products anymore. [Sears Chairman Ed Lampert] is selling the company piecemeal,” Dion said.

Sears announced in February it reached a trademark license agreement with Schumacher Electric Corp. that will enable DieHard-branded power accessories to be sold by retailers in the U.S., Puerto Rico and Mexico. The company also signed a deal with Ace Hardware Corp. to sell Craftsman tools at 100 Ace stores starting in May.

Besides its brands, customers interviewed said Sears’ prices were the main reason they shopped with the “blue crew”. “I come to Sears because of its prices,” said Amy Nolan while shopping for a vacuum cleaner at the full-line store on State Street. “I would recommend having more of a variety though; sometimes I can’t find what I’m looking for.”
This is one of the main weaknesses Devitt of McMillan Doolittle sees in Sears, “The company has not invested enough in renovating its stores, in training its personnel and getting an attractive product mix.”

Sears closed 62 stores during fiscal 2009 and is planning to close 21 more this spring. “Most of those stores have underperformed for some time and, despite focused efforts to improve them, we felt that we could no longer afford to wait for those stores to turn around,” said Chairman Lampert in his latest letter to shareholders. “Like any retailer, we would expect that our store portfolio will require continuous evaluation and transformation as we strive to have every store contribute to the creation of future value.” Sears Holdings Corp. operates more than 3,900 stores in the U.S. and Canada.

While some stores are closed, Lampert says the company will continue to focus on its e-commerce business. “We have chosen to invest primarily in areas of our business that we believe will yield long-term growth and attractive returns. These areas include our online businesses,” Lampert said in his letter. “We have made substantial investments in our online platform and in the in-store and mobile technology that enables multichannel experiences under our ShopYourWay banner.”

Industry experts say Web initiatives are attractive to retailers because of the comparatively small investment required and the wide audiences that can be reached. According to business informaton firm eMarketer, e-commerce currently represents close to 4 percent of total retail sales, but will reach about 10 percent by 2013.

Liwer, the marketing consultant, whose firm has also worked in online campaigns for Radio Shack Corp., Panasonic Corp. and others, says Sears wants to simplify customers’ buying process. “There is a blue crew member that guides the user through a process that is not about attributes or technical terms, it’s about lifestyle. We ask how they are going to use the camera, not about megapixels or LCD size.”

With these goals in mind, the Matchmaker sites were launched at the beginning of January to help consumers choose cameras and televisions. Liwer implied that Sears’ new Web initiatives will extend the Matchmaker. “Clearly this works for many complex products that users are scratching their heads wondering how to make a decision, so I can tell you that this is the line we are working on right now and you can expect to see more of those coming soon.”

Sears’ Web sites represent an opportunity for the company to expand its customer base, since its online shoppers come from a different demographic than its in-store customers. When 67 year-old Glen Garber was asked if he ever shopped online, he dropped the dress shirts he was looking at in the State Street store, laughing, and said, “I don’t even own a computer.”

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President Launches Last Push on Health-Care Overhaul
By Laura Meckler and Janet Adamy - The Wall Street Journal
March 4, 2010

President Barack Obama opened the final act of a year-long drama over health-care legislation Wednesday, calling on Democrats in Congress to approve the sweeping bill despite political risks and Republican opposition.

The president vowed to rally Americans and wavering lawmakers alike. White House aides said a pair of trips next week will be followed by a stream of public and private lobbying. The White House wants final votes by month's end.

"At stake right now is not just our ability to solve this problem, but our ability to solve any problem," Mr. Obama told a crowd of white-coated doctors and nurses in the East Room, where a year ago he started the drive for the legislation.

With polls showing that the legislation is unpopular and congressional Democrats bracing for big losses in this fall's elections, the president urged them to ignore the politics. "I do not know how this plays politically, but I know it's right," he said. "Let's get it done."

Democrats and the White House are balancing high risks and rewards. Passing the health overhaul would fulfill a decades-old Democratic dream, bringing insurance to some 30 million Americans, and represent the greatest expansion of coverage since Medicare was created in 1965. But if the public judges the overhaul harshly, it is likely to cost some Democrats their seats, and the party's majority in the House could be at risk.

The White House argues that, despite the negative poll numbers, Americans will like the measure if it becomes law, since the focus then could shift from the legislative process to the measure's impact. Polling does find stronger support for the bill's individual provisions than for the package as a whole.

Mr. Obama Wednesday also highlighted a handful of Republican ideas used in the legislation. Republicans dismissed the gesture as insufficient.

"You can't add a couple of Republican sprinkles on the top of a 2,700-page bill and claim that it's bipartisan," said House Minority Leader John Boehner (R., Ohio).

Rejecting Republican calls to start again, the president said that given the "honest and substantial differences between the parties," there was no point. "Everything there is to say about health care has been said," he said to laughter, "and just about everybody has said it."

For the first time, the president explicitly called on Congress to use a procedural technique that will let the Senate give its final approval with a simple majority vote. He didn't use the word for that technique—"reconciliation"—but characterized the process as a way of calling a simple "up or down vote" that has been used for big bills before.

Republicans say the reconciliation process was never intended for such major legislation. "History is clear: Big legislation always requires big majorities," Senate Minority Leader Mitch McConnell (R., Ky.) said on the floor Wednesday.

Democrats need to approve the changes in the Senate through reconciliation because they no longer have 60 Senate votes necessary to end a standard debate, due to the loss last month of the Massachusetts seat long held by the late Edward Kennedy. White House press secretary Robert Gibbs downplayed the significance of the reconciliation measure, calling it a set of "technical corrections" to the original Senate measure. The reconciliation version contains some significant differences from the Senate bill, including taxes on the wealthy and lower levies on high-value health-insurance plans.

Under the Democratic plan, the process would work like this: First, the House would vote on the bill that the Senate approved in late December. House leaders hope to pass both that Senate bill, and then the reconciliation package, by March 17. After that, the Senate would need to pass the reconciliation bill. By month's end, Democrats hope, the measure would go to the president to be signed into law.

The final push by Mr. Obama amounts to a critical test of his powers of persuasion. Democrats could face a tough decision, balancing the risk of passing potentially unpopular legislation against the risk of inaction and the stigma of having labored for more than a year to produce nothing. Democratic leaders say lawmakers who already voted yes once will be attacked no matter what, but will be in better shape politically if they have something to show for it.

White House aides vowed the president would use all tactics at his disposal to rally support. That includes speeches around the country, starting with a trip to Philadelphia on Monday, media interviews and direct communication with supporters.

He'll also be lobbying lawmakers directly, aides said, including at a White House reception Wednesday that includes a half-dozen Democrats who voted no last year and are being targeted to change their votes.

On Capitol Hill, Democrats have started writing the formal reconciliation bill and are close to a final agreement, aides said. They intend to send it to the Congressional Budget Office for evaluation by the end of the week, a leadership aide said.

To assure the House that the Senate actually will pass the reconciliation measure, senators are considering sending a letter next week with at least 51 senators' signatures promising action, a Senate leadership aide said.

House leaders face the tougher task in rallying support. Speaker Nancy Pelosi has said she will be able to corral the votes, but she hasn't yet secured them. It will require persuading several Democrats who voted no last year to change their votes to yes, to make up for supporters who have turned against the measure or left Congress.

Navigating reconciliation in the Senate poses its own hurdles. Republicans plan to make a series of rule-oriented challenges to the process in order to slow it down and stoke public unease. Republicans "will employ every strategy possible because we know that this will be a disaster for this country," said Sen. Orrin Hatch (R., Utah).

Some Democrats say the partisan rancor the process would generate could drain so much political will from the Senate that it will make it tough to complete other major legislation this year. "It would probably bring everything else to a stop," said Sen. Evan Bayh (D., Ind.).

The reconciliation process prevents Republicans from blocking the bill using a filibuster. But it doesn't stop them from introducing an unlimited number of amendments. Democrats say that, under a worst-case scenario, that could eat up weeks of time on the floor and force the Senate's parliamentarian to rule that the amendments weren't offered in good faith.

Wednesday's address capped two weeks of intense intervention into the health debate by the president, who has been criticized for staying too hands-off previously. White House aides say his steps were needed to propel the bill following the Massachusetts loss and hope it is enough to move the legislation over the finish line.

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Paul Ryan v. the President
The Republican dissects ObamaCare's real costs. Democrats stay mute.

By Paul D. Ryan - Review & Outlook -  The Wall Street Journal
March 4, 2010

'Every argument has been made. Everything that there is to say about health care has been said, and just about everybody has said it," President Obama declared yesterday as he urged Democrats to steamroll his plan through Congress. What hasn't been heard, however, is even a shred of White House honesty about the true costs of ObamaCare, or its fiscal consequences.

Nearby, we reprint Wisconsin Republican Paul Ryan's remarks at the health summit last week, which methodically dismantle the falsehoods—there is no other way of putting it—that Mr. Obama has used to sell "reform" and repeated again yesterday. No one in the political class has even tried to refute Mr. Ryan's arguments, though he made them directly to the President and his allies, no doubt because they are irrefutable. If Democrats are willing to ignore overwhelming public opposition to ObamaCare and pass it anyway, then what's a trifling dispute over a couple of trillion dollars?

At his press conference yesterday, Mr. Obama claimed that "my proposal would bring down the cost of health care for millions—families, businesses and the federal government." He said it is "fully paid for" and "brings down our deficit by up to $1 trillion over the next two decades." Never before has a vast new entitlement been sold on the basis of fiscal responsibility, and one reason ObamaCare is so unpopular is that Americans understand the contradiction between untold new government subsidies and claims of spending restraint. They know a Big Con when they hear one.

Mr. Obama's fiscal assertions are possible only because of the fraudulent accounting and budget gimmicks that Democrats spent months calibrating. Readers can find the gory details in Mr. Ryan's pre-emptive rebuttal nearby, though one of the most egregious deceptions is that the bill counts 10 years of taxes but only six years of spending.

The real cost over a decade is about $2.3 trillion on paper, Mr. Ryan estimates, and even that is a lowball estimate considering how many people will flood to "free" health care and how many businesses will be induced to drop coverage. Mr. Obama claimed yesterday that the plan will cost "about $100 billion per year," but in fact the costs ramp up each year the program exists. The far more likely deficits are $460 billion over the first 10 years, and $1.4 trillion over the next 10.

What Mr. Ryan calls "probably the most cynical gimmick" deserves special attention, which is known in Washington as the "doc fix." Next month Medicare physician payments are scheduled to be cut by 22% and deeper thereafter, though Congress is sure to postpone the reductions as it always does. Failing to account for this inevitability takes nearly a quarter-trillion dollars off the ObamaCare books and by itself wipes out the "savings" that the White House continues to take credit for.

Some in the liberal cheering section now claim that this Medicare ruse isn't Mr. Obama's problem because it was first promised by Republicans and Bill Clinton in 1997. But then why did Democrats include the "doc fix" in all early versions of the bill to buy the support of the American Medical Association, only to dump this pricey item later when hiding it would make it easier to fake-reduce the deficit?

The President was (miraculously) struck dumb by Mr. Ryan's critique, and in his response drifted off into an irrelevant tangent about Medicare Advantage, while California Democrat Xavier Becerra claimed "you essentially said you can't trust the Congressional Budget Office." But Mr. Ryan was careful to note that he didn't doubt the professionalism of CBO, only the truthfulness of the Democratic gimmicks that the budget gnomes are asked to score.

Yesterday Mr. Obama again invoked the "nonpartisan, independent" authority of CBO, which misses the reality that if you feed the agency phony premises, you are going to get phony results at the other end.

The President also claimed the reason his plan is in trouble, and the reason Democrats must abuse the Senate's rules to ram this plan into law, is that "many Republicans in Congress just have a fundamental disagreement over whether we should have more or less oversight of insurance companies." So most of Mr. Obama's first year in office has been paralyzed over nothing more than minor regulatory hair-splitting. This is so preposterous that the President can't possibly believe it.

Congress's spring break begins on March 29, and Democratic leaders plan on jamming this monster through Congress before then. Americans have to hope that enough rank-and-file Democrats aren't as deaf to fiscal honesty as this President.

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Dissecting the Real Cost of ObamaCare
By Paul D. Ryan - Opinion -  The Wall Street Journal
March 4, 2010

The following are remarks made by Congressman Paul Ryan of Wisconsin, the ranking Republican on the House Budget Committee, about the cost of the House and Senate health-care bills at President Obama's Blair House summit on health care, Feb. 25:

Look, we agree on the problem here. And the problem is health inflation is driving us off of a fiscal cliff.

Mr. President, you said health-care reform is budget reform. You're right. We agree with that. Medicare, right now, has a $38 trillion unfunded liability. That's $38 trillion in empty promises to my parents' generation, our generation, our kids' generation. Medicaid's growing at 21 percent each year. It's suffocating states' budgets. It's adding trillions in obligations that we have no means to pay for . . .

Now, you're right to frame the debate on cost and health inflation. And in September, when you spoke to us in the well of the House, you basically said—and I totally agree with this—I will not sign a plan that adds one dime to our deficits either now or in the future.

Since the Congressional Budget Office can't score your bill, because it doesn't have sufficient detail, but it tracks very similar to the Senate bill, I want to unpack the Senate score a little bit.

And if you take a look at the CBO analysis—analysis from your chief actuary—I think it's very revealing. This bill does not control costs. This bill does not reduce deficits. Instead, this bill adds a new health-care entitlement at a time when we have no idea how to pay for the entitlements we already have.

Now let me go through why I say that. The majority leader said the bill scores as reducing the deficit $131 billion over the next 10 years. First, a little bit about CBO. I work with them every single day—very good people, great professionals. They do their jobs well. But their job is to score what is placed in front of them. And what has been placed in front of them is a bill that is full of gimmicks and smoke-and-mirrors.

Now, what do I mean when I say that? Well, first off, the bill has 10 years of tax increases, about half a trillion dollars, with 10 years of Medicare cuts, about half a trillion dollars, to pay for six years of spending.

Now, what's the true 10-year cost of this bill in 10 years? That's $2.3 trillion.

[The Senate bill] does [a] couple of other things. It takes $52 billion in higher Social Security tax revenues and counts them as offsets. But that's really reserved for Social Security. So either we're double-counting them or we don't intend on paying those Social Security benefits.

It takes $72 billion and claims money from the CLASS Act. That's the long-term care insurance program. It takes the money from premiums that are designed for that benefit and instead counts them as offsets.

The Senate Budget Committee chairman [Kent Conrad] said that this is a Ponzi scheme that would make Bernie Madoff proud.

Now, when you take a look at the Medicare cuts, what this bill essentially does [is treat] Medicare like a piggy bank. It raids a half a trillion dollars out of Medicare, not to shore up Medicare solvency, but to spend on this new government program.

. . . [A]ccording to the chief actuary of Medicare . . . as much as 20 percent of Medicare's providers will either go out of business or will have to stop seeing Medicare beneficiaries. Millions of seniors . . . who have chosen Medicare Advantage will lose the coverage that they now enjoy.

You can't say that you're using this money to either extend Medicare solvency and also offset the cost of this new program. That's double counting.

And so when you take a look at all of this; when you strip out the double-counting and what I would call these gimmicks, the full 10-year cost of the bill has a $460 billion deficit. The second 10-year cost of this bill has a $1.4 trillion deficit.

. . . [P]robably the most cynical gimmick in this bill is something that we all probably agree on. We don't think we should cut doctors [annual federal reimbursements] 21 percent next year. We've stopped those cuts from occurring every year for the last seven years.

We all call this, here in Washington, the doc fix. Well, the doc fix, according to your numbers, costs $371 billion. It was in the first iteration of all of these bills, but because it was a big price tag and it made the score look bad, made it look like a deficit . . . that provision was taken out, and it's been going on in stand-alone legislation. But ignoring these costs does not remove them from the backs of taxpayers. Hiding spending does not reduce spending. And so when you take a look at all of this, it just doesn't add up.

. . . I'll finish with the cost curve. Are we bending the cost curve down or are we bending the cost curve up?

Well, if you look at your own chief actuary at Medicare, we're bending it up. He's claiming that we're going up $222 billion, adding more to the unsustainable fiscal situation we have.

And so, when you take a look at this, it's really deeper than the deficits or the budget gimmicks or the actuarial analysis. There really is a difference between us.

. . . [W]e've been talking about how much we agree on different issues, but there really is a difference between us. And it's basically this. We don't think the government should be in control of all of this. We want people to be in control. And that, at the end of the day, is the big difference.

Now, we've offered lots of ideas all last year, all this year. Because we agree the status quo is unsustainable. It's got to get fixed.

It's bankrupting families. It's bankrupting our government. It's hurting families with pre-existing conditions. We all want to fix this.

But we don't think that this is the . . . the solution. And all of the analysis we get proves that point.

Now, I'll just simply say this. . . . [W]e are all representatives of the American people. We all do town hall meetings. We all talk to our constituents. And I've got to tell you, the American people are engaged. And if you think they want a government takeover of health care, I would respectfully submit you're not listening to them.

So what we simply want to do is start over, work on a clean-sheeted paper, move through these issues, step by step, and fix them, and bring down health-care costs and not raise them. And that's basically the point.

 

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Jeep enters Sears store
By Connie Duvall - Moberly Monitor-Index - Moberly, Mo.
March 3, 2010

Moberly Police Department Public Information Officer Commander Kevin Palmatory released the following information to the Moberly Monitor-Index Wednesday morning about a vehicle being driven into the local Sears building.

On Wednesday, March 3, about 8:10 am, Moberly Police were dispatched to the Sears store at 643 North Morley Street in reference to a vehicle that had struck the building.
The accident occurred when a 1998 Jeep Cherokee, driven by Richard Hill, 76, of Moberly, was southbound on the parking lot and Hill started to slow. Hill inadvertently depressed the accelerator pedal instead of the brake which startled him and he turned the steering wheel causing his vehicle to cross the sidewalk, strike a propane tank storage compartment, containing tanks commonly used for barbecue grills, and continued through the glass store front.
Hill sustained a facial injury from the air bag deploying on his vehicle, but declined transport for medical attention.
An odor of propane was detected, which was found to be from a returned tank. As a precaution, Moberly Fire Department personnel ventilated the area which dissipated the odor quickly, eliminating the danger of a fire or explosion.

Moberly police were assisted by the Moberly Fire Department, Randolph County Ambulance District and the Randolph County Sheriff’s Office.

Cheri Galaske, co-owner of the local Sears, spoke to the Moberly Monitor-Index Wednesday and said there was product damage at the front of the building which included front load washers and a lawn tractor. “The vehicle shifted the support frame of the front of the building,” says Galaske. She was glad there were no injuries and says the building will be secured by tonight and they will be open for business on Thursday.

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Sears finally focuses on retailing
By Laura Heller - Wallelt Pop.com (blog)
Filed under: Shopping
March 2, 2010

Sears may be allowing brands like Craftsman to be sold in rival stores, but there's at least one product category being re-emphasized. And it has nothing to do with a softer side.

Sears is aggressively building its electronics business, an area that people haven't traditionally associated with Sears. In fact, according to Karen Austin, president of Sears Home Electronics, a good number of customers didn't even realize Sears carried consumer electronics. "We're known for our appliances and tools," says Austin. "So we launched Sears Blue Electronics Crew in August (2009) to drive awareness." That campaign used spokesman Brett Favre during the NFL season to remind people of Sears participation in the category.

According to Austin, there were a lot of misperceptions about Sears electronics programs that needed to be cleared up.

Such as real time price matching, a program that lets Sears' customers in the stores compare prices at rival retailers. This eliminates the need to bring in advertisements touting competitor sale prices. Sales associates will even call other stores to check prices, says Austin.

"Everything on sale, is on sale at Sears." Sears reputation, however tarnished, makes building an electronics business a logical move for the retailer.

Sears is also expanding online. A prototype store called "mygofer" opened last year in Joliet, Ill., in a former Kmart store and is letting Sears experiment with and fine tune a virtual and physical retail experience. Shoppers can order online and pick up at the store within a very short period of time -- two hours in many cases.

There are initiatives like TV Matchmaker and Camera Matchmaker that ask a series of questions and make suggestions based on a shopper's' answers. There are active discussion boards with moderators on hand answering questions. Sears is even using Facebook and Twitter to communicate and connect with customers.

As old school as Sears may be, online efforts are a good fit for the retailer. Sears' legacy as a catalog retailer with an established distribution network make online retailing a natural extension. According to retail consultant Neil Stern, programs like TV matchmaker, real-time price matching, online ordering and in-store pickup, are all natural fits for Sears. "They're establishing themselves as leaders in e-commerce, which is a really good place to play," says Stern. "It's the one undeniable growth area."

Some of the better publicized initiatives, like selling Craftsman tools at Ace Hardware stores or licensing the Die Hard name for branded power accessories, are designed to add revenue to the parent company, Sears Holdings. Letting rival retailers sell Sears best brands may just give shoppers more reason NOT to go to Sears stores, but building up these other product categories and sales programs actually speak to Sears strength as a retailer.

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Inside Eddie Lampert's Brain:
His Plan to Make Sears Both Bigger and Smaller

By Mike Duff - BNET
March 1, 2010

Eddie Lampert says less is more when it comes to Sears.

The Sears chairman rarely discusses what he thinks of the country’s fourth-largest retailer, so the shareholder letter he writes in the annual report is always keenly awaited. In this year’s version, Lampert makes the case that the retailer can generate new revenues without big investments as it pays down debt.

In the letter Lampert describes the strategy of “creating lasting relationships with customers by empowering them to manage their lives,” in part by selling a whole bunch of new or reconfigured goods and services. Among the most important:

1. Sears’s international shipping option incorporates a filter that allows customers to select only the items that are available for shipping to their selected destinations. It also tallies duties, VAT taxes and shipping as part of the checkout process, all of which can be accomplished in a range of currencies. Third-parties work with Sears, with an outfit called FiftyOne shipping products to Brazil, for instance.

2.  Marketplace adds more products to the Sears online assortment, and also provides access for other sellers who cut the retailer in on the money they make via its website. The Home Furnishings section of Sears.com, for example, includes products available through UnbeatableSale.com. Click on the website name and Sears.com provides a rating of the merchant with a description and information about its return policy. The company began testing Marketplace in July and has now launched it. (It didn’t take long for Walmart to announce a similar service.

3.  The expansion that rendered ManageMyHome.com as ManageMyLife.com remains anchored to ideas that work in and around the house but extends to areas such as gardening and electronics. The site provide forums, expert advice and product manuals, and connects with a wide range of services offered by Sears and affiliated providers such as home renovation contractors.

In addition, Lampert noted:
We created or expanded marketing programs including ShopYourWay, “Life. Well spent,” Sears Blue Appliance Crew, Sears Blue Electronics Crew, Sears Blue Tools Crew and “there’s smart, and there’s kmart smart.” We grew our online engagement platforms, MySears.com and MyKmart.com, allowing our customers to interact with each other and us, and get advice before they buy. We launched the ShopYourWay Rewards program at Kmart and Sears that will provide even more value and opportunities for our customers. We also re-launched a Christmas Club program at Sears and Blue Light Specials at Kmart to offer more convenience, value, and excitement for our customers.

What it comes down to, is that Sears is building new revenue streams directly, by providing services through its Blue crews, and indirectly, by offering social networks that tune customers in to its product and service pitches. Even when one of its retail brands is slated to appear in actual buildings, Sears won’t be footing the bill for the real estate. That, at least, is the case with the expansion of Sears Automotive Centers, which are being offered on a franchise business largely to former car dealers who were left out in the cold by retrenching in the auto sector. Developed as independent businesses, these operations could be sold off or reconstituted with alternative ownership arrangements.

Finding new ways to generate more dollars from existing operations is theoretically sound, of course. The difficulty is to monitor and maintain standards. Yet, by offering Automotive Center franchises to former car dealerships, Sears is bringing in partners with expertise and reputations. Also, the company’s previous work with outside contractors in its home business provides a framework it can apply to newer operations.

Whether the eventual idea is to sell the real estate on which Sears sits, or simply to keep costs down, structuring sales and service functions that act independently of stores makes sense. But it is tough to manage.

Though the letter was generally optimistic in tone, Lampert complained about the “reckless expansion of retail space leading to lower profitability for many retailers and to low or negative returns on the investment required to expand space.”

He added, “In other industries, consolidation rather than expansion has led to a more sensible competitive environment and better returns for shareholders.” Sears has been doing its own consolidation, closing 60 stores last year, with more to come.
In a sense, Lampert is moving in two directions at once, contracting the number of stores, while expanding their operations. If he gets it right, Sears will become a more valuable, and less leveraged, business, and therefore one more likely to fetch a good price when Lampert’s hedge fund, ESL Investments, eventually puts it — or at least profitable parts of it — up for sale.

Look for more from the Lampert letter in future posts.

Tags: Sears Roebuck & Co., Eddie Lampert, Retail, Financial Accounting, Automotive, Finance, Mike Duff

Mike Duff has written about retail and related fields over 20 years. His work has appeared in publications as diverse as Retailing Today, Drug Store News, Supermarket Business, Consumer Digest, MarketingWeek, American Food a
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Lampert Bets Sears Brands to Win Bigger for His Hedge Fund

BNET Retail - 6 days 4 hours 5 minutes ago
So now America has one less reason to go to Sears (SHLD), and maybe one more reason to try to get into Eddie Lampert’s ESL Hedge Fund. Sears has struck an agreement that will make its exclusive Craftsman tool line a little less exclusive. Ace Hardware will beginning selling the Sears popular private label – among the foremost store brands...

Craftsman Tools, as related in this blog yesterday, Eddie Lampert, Sears Holding (SHLD) chairman, and chairman of the ESL hedge fund that owns the retailer, looks like he is cashing in assets. In the short term, the Craftsman deal is likely to dilute the value of the Sears brand because a bunch of...

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With new name, tenants and amenities,
the shine is back on Willis Tower
By: Andrew Schroedter - Chicago Business
March 01, 2010

Willis Tower was still recovering from a post-Sept. 11 swoon that pushed its vacancy rate to almost 22% when one of its largest tenants, Ernst & Young, announced in 2008 that it would let its lease expire.

With a tough economy forcing so many other tenants in the 3.8-million-square-foot building to downsize, the announcement was the haymaker in a decade-long series of blows that had stripped the once-iconic skyscraper of its luster.

Still, amid the worst office real estate market in memory, the tower has mounted an improbable comeback. With lower rents and investments in attention-grabbing upgrades that followed a recent refinancing deal, Willis Tower last year added leases totaling 880,000 square feet with new and existing tenants — marquee name United Airlines among them — and halved its vacancy rate to almost 10%. Then, of course, there is the new name.

"It was time for a change," says Katherine Scott, a managing director at Chicago-based U.S. Equities Realty LLC, which took over the property's leasing and management from CB Richard Ellis Inc. in 2007. "In our opinion, the building needed to wake up."

The question now is, can the 37-year-old edifice at 233 S. Wacker Drive, still known to most Chicagoans as the Sears Tower, secure its hard-won revival? Given the rough economy and sleek, new competition around town desperate for tenants, not everyone is convinced it can.

"They've made some improvements and done significant leasing," says Christopher Wood, managing director of the Chicago office of tenant-representation firm UGL Equis. "But some people are still skeptical."

Since its completion in 1973, the tower's financial history has been rocky. That was especially true in the wake of Sept. 11. Recurring fears that the tower was a terrorist target rocked its reputation in the years that followed, hurting its ability to charge competitive rents and keep its space filled.

"People were afraid of being in that building," says tenant rep David Stein of Chicago-based Steinco Inc.

By mid-2008, there was talk that key tenants nearing the end of their leases might walk away, leaving vast portions of the building vacant.

Some have. Ernst & Young US LLP, whose 387,000-square-foot lease expires in 2012, is moving to a new tower at 155 N. Wacker.

Luring United and Willis Group Holdings Ltd., the London-based insurance broker that negotiated the name change along with its 142,000-square-foot lease, plugged much of the gap; including those deals, the tower is about 90% leased, Ms. Scott of U.S. Equities says. That fourth-quarter vacancy rate easily trumped the overall downtown rate of 16.2%.

Willis has moved 500 employees to the building, while United, which signed a 15-year lease for up to 450,000 square feet, plans to begin reassigning 2,800 workers there this fall.

The tower's owners got plenty of help landing United, including a $25-million city subsidy for the airline. The fact that the tower's size and vacancies made it one of the few Loop buildings with enough available space also played a major role.

"Even at Willis, it was a challenge putting it all together," says David Matthews, a managing director at Jones Lang LaSalle Inc., who represented United. "There aren't six existing options downtown that have 500,000 square feet."

In announcing the move last August, Glenn Tilton, CEO of United parent UAL Corp., said, "This facility — both from an economic perspective and a quality-of-work-life perspective — was the best facility in the running."

The biggest challenge now may be keeping the tower's momentum alive, says John Huston, an executive vice-president at Skokie-based American Landmark Properties Ltd., which joined New York investors Joseph Chetrit and Joseph Moinian to buy the building in 2004 for $840 million.

Among the big factors in the building's headline-grabbing revival are the recent updates to the 103rd-floor Skydeck, as well as plans for an adjacent hotel and a $350-million project to "green" the building and its operations.

But the biggest factor in its makeover may be a purely financial one. Willis Tower has slashed rents, which ran more than $30 per square foot on some upper floors, tenant reps say. The $14.50-per-square-foot rent that Willis Group pays, albeit on lower floors, is said to be closer to the new reality. Ms. Scott of U.S. Equities declines to comment on rents.

The ownership group appears to have given itself plenty of leeway to make deals. It refinanced its debt in 2007, before the credit markets froze, securing a $780-million fixed-rate loan from Swiss bank UBS A.G.

The 10-year mortgage, reportedly at an interest rate of 6.29%, replaced $825 million in mostly floating-rate debt that financed the 2004 acquisition but became a liability as short-term rates began to outstrip long-term ones.

Through the first nine months of last year, the most recent financials available, Willis Tower had net operating income of $55.4 million, plenty to cover debt payments of $31.7 million and capital expenditures of $3 million, according to a loan report.

On an annualized basis, the building's net operating income was projected at $73.9 million last year, which would be an increase of 8.2% from 2008.

Unlike most Loop office buildings, the tower has significant revenue streams aside from rent. Radio and television stations pay to put their transmitters on the roof, and the Skydeck attracts more than 1 million paying visitors annually.

That number could increase this year thanks to the Ledge, a series of glass bays that allow Skydeck visitors to look straight down 1,353 feet. Opened in July, the attraction has generated positive publicity and more foot traffic.

Still, major obstacles loom.

A 228,000-square-foot lease held by Sonnenschein Nath & Rosenthal LLP expires in 2014. The law firm hired Jones Lang in 2008 to advise on a possible move. "We are looking at different options, including continuing to talk to Willis Tower as well as others," a Sonnenschein spokesman says.

On another front, Mr. Moinian, of the ownership group, has run into financial trouble with some of his New York properties. A spokesman for his company, Moinian Group, referred questions to U.S. Equities and American Landmark. Mr. Huston, of American Landmark, downplayed the significance, saying the "ownership structure is solid." Mr. Chetrit did not return calls seeking comment.

Observers say that trouble pales in comparison to the two biggest threats the tower faces: stiff competition from newer skyscrapers such as 155 N. Wacker, which lured Ernst away, and lingering safety fears.

Nearly a decade after Sept. 11, tenant reps say, memories of bomb- sniffing dogs in the lobby and concrete barricades blocking the entrance are too fresh in the minds of some office-space seekers.

Still, as the tower buffs up its image, there are signs that the anxiety is fading. OfficeLinks opened its first location outside New York in the tower last year. On the 86th floor, the firm subleases designer office space to small firms, which haven't voiced concerns about safety, says OfficeLinks General Manager Lori Ziesmer.

"We are past 9/11 for the most part. It rarely comes up," she says. "If there is a better building in the city, I would like someone to tell me what it is."

Eddie Baeb contributed.

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Women buying clothes for themselves again
By Sandra M. Jones, reporter - Chicago Tribune
February 26, 2010

Women’s apparel market slowed its decline to 3 percent in the fourth quarter from a year ago, encouraging retailers as spring approaches

Women are starting to buy clothes for themselves again, an encouraging sign for retailers as spring approaches.

A new report suggests that women, middle-income ones in particular, finally are feeling good enough about the economy that they will splurge on a piece of clothing.

The women's apparel market slowed its decline to 3 percent in the fourth quarter from a year ago, better than the 5.1 percent drop in total U.S. apparel sales, according to NPD Group.

Women's clothing purchases have been in the doldrums for the past several years as the recession took hold and family budgets focused on food, car payments, medical bills and clothing for children.

"For the fashion industry this is a very important sign," said Marshal Cohen, chief industry analyst at NPD, a Port Washington, N.Y.-based market research firm.

Women account for more than half of fashion industry sales — a basket of goods that includes clothing, shoes and accessories for men, women and children. Women also are behind the buying decisions for an additional 25 percent of fashion industry items, according to NPD.

"Without them, a true recovery will not occur," Cohen said.

For 2009, total U.S. apparel sales fell 5.2 percent to $188.5 billion, the report said. Women's clothing made up the bulk of the market and fell 4.9 percent to $104 billion.

Even as consumer spending retreated last year, there were a few bright spots: Sales of dresses rose 2.3 percent, tights rose 2.4 percent and bras gained 1.1 percent. Sales of jeans for both men and women were strong as well, rising 3.5 percent.

Sears has designs on West Coast: Sears Holdings Corp. opened a design office in San Francisco, headed by newly hired apparel and home chief John Goodman.

The 25,000-square-foot office at 760 Market St. in the historic Phelan Building will focus on merchandising for Sears and Kmart stores, according to Sears spokeswoman Kimberly Freely. Sears has yet to determine how many workers the West Coast outpost will employ, Freely said. Its primary focus will be on buying and merchandising.

Tara Poseley, a former Gap Inc. executive who joined the Hoffman Estates-based retailer as president of Kmart apparel this month, also will be based in that office.

Sears opened its first design studio in the SoHo neighborhood of New York City in 2006 where it employs about 200 workers. The center, which focuses on designing Kmart apparel, will continue to operate under the leadership of Lisa Schultz, another former Gap executive who is executive vice president of apparel design at Sears Holdings.

Goodman returned to Sears Holdings in November in a new role as executive vice president of apparel and home with the understanding that he would establish a San Francisco beachhead. The former head of Gap Outlet stores had served as chief apparel officer of Sears Holdings for a short period after Kmart bought Sears in March 2005. In May 2005, Goodman took a job as head of Levi Strauss & Co.'sDockers business and subsequently held CEO posts at Mervyns LLC and Charlotte Russe Holding Inc.

Both Schultz and Goodman did apparel stints at Kmart.

Goodman said that "by creating a presence in California, we will greatly enhance our ability to attract talent."

Separately, Sears disclosed the downtown Chicago location for its Kenmore pop-up shop, first reported in the Tribune on Sunday. The Kenmore Live Studio, a temporary venue for showcasing the brand's newest products, will open at 678 N. Wells St. on March 11.

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Book Excerpt: Denial at Sears
By Richard S. Tedlow - Business Week Online
February 26, 2010

From Denial: Why Business Leaders Fail to Look Facts in the Face—and What to Do About It, Richard S. Tedlow tells how the retailer let ego get the best of it

Beware the monument.

Please bear with me for a moment and read the following short poem that Shelley published in 1818, entitled Ozymandias:

I met a traveler from an antique land
Who said: Two vast and trunkless legs of stone
Stand in the desert. Near them, on the sand,
Half sunk, a shattered visage lies, whose frown,
And wrinkled lip, and sneer of cold command,
Tell that its sculptor well those passions read,
Which yet survive, stamped on these lifeless things,
The hand that mocked them, and the heart that fed.
And on the pedestal these words appear quot;
My name is Ozymandias, King of Kings:
Look on my works, ye Mighty, and despair!"
Nothing beside remains. Round the decay
Of that colossal wreck, boundless and bare
The lone and level sands stretch far away.

Ozymandias was a heavy hitter in days gone by. He built a huge statue of and to himself. If the meaning of the statue was not clear enough, he had inscribed on the pedestal that he was such a big shot that "ye [other] Mighty" were reduced to despairing at his magnificence.

But, look! The ruins of the statue were all that survived, and it has become nothing more than a "colossal wreck." Whatever the "works" were that should have caused despair to the mighty have now disappeared into the sands of time.

Gordon Metcalf became CEO of Sears in 1967. Odds are, he had never read Shelley's poem. "Being the largest retailer in the world," he said, "we thought we should have the largest headquarters in the world." So, just as cracks began to appear in the armor of Sears—despite a seemingly robust bottom line, some metrics, like return on equity and employee productivity, had begun to flag—Metcalf decreed that Sears would construct the world's tallest building. The 110-story Sears Tower, renamed Willis Tower in 2009, came to be known as "Gordon Metcalf's last erection."

On the surface, Metcalf's explanation for building the Tower seems to make sense. But when you really think about it, it doesn't. The two clauses have nothing to do with one another, and the declaration cannot survive one single word: Why? Why is it that the world's largest retailer should have the world's largest headquarters?

In 1993, when Intel was experiencing its spectacular growth, CEO Andy Grove, like the rest of the company's employees, had not an office but a cubicle. It was tiny. Fortune, in a clever variant of a classic retail metric, conducted a return to the shareholders survey that year. It measured return to the shareholders per square foot of the CEO's office. Grove led the pack by far, as Intel returned $1.64 per square foot of his cubicle.

It was not apparent that Intel needed a giant building to celebrate how wonderful it was. Why was it so obvious at Sears?

Building monuments deserves a file drawer along with trash talking when you are looking for companies in denial. I recall interviewing top executives in the Sears Tower in the summer of 1980. The pictures on their walls were quite beautiful. I wondered whether the average Sears customer could have afforded the frames. The furniture was plush. It didn't look like it came off the floor of a Sears store.

I remember looking out the windows. The view up Chicago's lakeshore was spectacular. And there was not a competitor in sight. The people down below looked like ants. Those ants were supposed to be Sears's customers. Of all industries, it is most important for a retailer to keep his or her ear to the ground. The Tower was a symbolic denial of that reality.

The year the Tower was dedicated, 1973, was the first year of the chairmanship of Arthur Wood. Writer Donald Katz described him as "patrician," "elegant," "the consummate old-world gentleman-businessman." His opulent office included works from his private art collection by Degas and Monet.

Wood was unlike Kmart's great merchant Harry Cunningham. An even bigger problem is that he was the antithesis of the incomparable Sam Walton.

Just prior to the first oil shock in 1973, retail sales in the United States began to decline in real terms. Sears's economist (this is prior to the oil shock) felt the country was looking at a severe recession the following year. A "senior officer" of the company, according to Katz, told the economist that if he publicized an official forecast to this effect, he would be fired. There appears to be a persistent belief in once-great companies that have lost their way that if you simply avoid speaking the blunt truth, all the problems will just go away. It is almost as if by telling the truth, you are endowing problems with a reality that they would not otherwise have. It is this brand of magical thinking that leads to shooting the messenger.

Sales in 1974 actually increased seven percent, which would not have been bad if the company had not forecast a rise of fifteen. Profits were off almost a quarter, a dramatically steep slide. Here indeed is the essence of the problem of denial. Reality is always just around the corner.

Sears wandered in the wilderness amid intermittent signs of life from 1973 until it was bought by Kmart owner Eddie Lampert in 2005. The company abandoned its Tower in 1992, a year in which it lost almost $4 billion, and relocated outside of Chicago to a town called Hoffman Estates. Kmart adopted Sears's name and the combined company is today called Sears Holdings.

Sears began to hire consultants in the 1970s, but they were no more helpful than the homegrown executives. Sears convinced itself that its market was "saturated." The way to grow, therefore, was to enter whole new lines of business. The company bought the real estate franchise Coldwell Banker and the financial broker Dean Witter. Why the company's CEOs thought they would do better managing businesses in industries they did not understand than they would in general merchandise retailing remains one of life's mysteries.

In fact, there was a fortune to be made in the very classes of trade in which Sears made its name. We know this—and everyone at Sears should have known it at the time—because Wal-Mart's spectacular success was no secret. Sam Walton had become the richest man in the world. He dressed in a grass skirt and did the hula on Wall Street itself in 1984 because Wal-Mart's stock had so outperformed what he had bet it would be. You had to be wallowing pretty deeply in denial to miss this.

Sears executives should have been focused on nothing else. Instead, they were playing around with the "store of the future" and telling themselves they would succeed selling "socks and stocks."

For the sake of symmetry, we should note that Walton did not pay much attention to Sears. In his autobiography, he only mentioned it once, and not very flatteringly. "One reason Sears fell so far off the pace is that they wouldn't admit for the longest time that Wal-Mart and Kmart were their real competition," he wrote. "They ignored both of us, and we both blew right by them."

It has often been observed there are no mature markets, only tired marketers. Unfortunately, nobody at Sears was making that observation, and there is no company which it described—or which demonstrates the pitfalls of denial—more perfectly.

Adapted from Denial by Richard S. Tedlow by arrangement with Portfolio, a member of Penguin Group (USA), Inc., Copyright © 2010 by Richard S. Tedlow.

Tedlow is the Class of 1949 Professor of Business Administration at Harvard Business School. His previous books include Andy Grove, Giants of Enterprise, and The Watson Dynasty.

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Kohl's Commands A Lead As An Expansion-Minded Retailer
By Karen Talley of Dow Jones Newswires
February 26, 2010

NEW YORK --Kohl's Corp. (KSS) is expanding while its rivals are remodeling stores to get through the recession.

Kohl's will open 30 stores this year, as the retailer takes further advantage of real estate opportunities and while other department stores like J.C. Penney Co. (JCP) and Wal-Mart Stores Inc. (WMT) use much of the time for refurbishments in order to please existing customers and hopefully draw in new ones.

For Kohl's, it's a matter of building off of success, as its fourth-quarter profit rose 28%, the company said Thursday.

"Our goal is to gain," said Chief Executive Kevin Mansell in an interview with Dow Jones Newswires. "Customers will be choosing a certain number of stores (to shop at this year) and we're going after market share."

While the same "market share" mantra was being heard from other retailers this week as they posted results, virtually all said they planned to make their U.S. stores more appealing aestetically, not to expand into new locations. Mansell is not even ruling out moving into some of the 21 sites Sears Holdings Corp. (SHLD) will leave this spring, as the retailer has declined to renew leases. Kohl's has taken over abandoned Sears stores in the past, Mansell said. It all depends on whether it is a geographic fit with Kohl's existing footprint. Finding the right place is also a way of keeping the strategy from blowing up as Kohl's opens locations at a time when consumers still are not doing a lot of shopping.

Kohl's is also doing very well at managing to demand, with inventory up about 1% at the end of its fiscal year that closed on Jan. 1, after being down 10% the year before as it had, like other retailers, to engage in markdowns to get rid of the items.

Now, with low inventories, Kohl's is demonstrating it can meet demand, and with ongoing supply chain improvements, get fresh merchandise into its 1,058 stores more quickly, Mansell said.

The retailer is also going after the Internet and private brands in a big way, with its own lines of apparel and those of names like skateboarder Tony Hawk. Its private label and exclusive offerings now account for almost 45% of entire offerings and will grow in 2010, including a hole-filling hip line for teen boys, Mansell said.

So far, Kohl's strategy is paying off. The retailer as of the fourth quarter has passed J.C. Penney to become the nation's third-largest department store based on sales, said Craig Johnson, president of Customer Growth Partners, a retail research firm.

"Perhaps more notably, this year Kohl's became the nation's largest department store based on operating earnings," Johnson, said, with operating income of $1.71 billion, exceeding No. 2 Macy's Inc. (M) at $1.06 billion and once-dominant Sears at $713 million.

Unlike most of its competitors, Kohl's is pursuing a strategy of holding down costs, providing full merchandise lines and service that customers want, and driving demand and traffic by increasing advertising and marketing spending, Johnson said.

Shares of Kohl's, despite offering conservative first-quarter guidance, are up 5.1% at $54.19.

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Sears to offer first 3D capable TVs: report
By Chuck Ross - Chicago Business
February 25, 2010

(Crain’s) — In March the first 3D capable TV sets will be available in the U.S. through Sears outlets, the New York Post reports.

The sets will be manufactured by Samsung, and two models will be available — one 46-inches, one 55-inches.

The 46-inch TV will go for $2,599; the 55-inch set will be priced at $3,299, the report says.

Glasses will be required to get any 3D effect. And the only 3D programming, initially, will be exclusively from DVDs.

And those DVDs won't be available until the spring, the report says, adding that a 3D disc of the hit movie "Avatar" is expected in November. DirecTV has said it will have a 3D channel up and running later this year. Also, "ESPN says it will be ready this summer to broadcast some World Cup soccer games in the new format," the report says.

(This story originally appeared on ChicagoBusiness.com’s sister site TVWeek.com.)

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Judge Rings Up Former Kmart CEO For $10M
By Eric Morath - Dow Jones Newswires
February 25, 2010

There will be no Blue Light Special discount for former Kmart chief executive Charles Conaway, who was ordered Thursday to cough up more than $10 million for misleading statements he allegedly made to investors in the months before the retailer filed for Chapter 11 protection in 2002.

In a 70-page decision, U.S. Magistrate Judge Steven Pepe required Conaway to repay a $5 million loan he received from the company, plus interest and fines, the Associated Press reported. Last year, a jury found Conaway liable in a federal civil trial.

The Securities and Exchange Commission said Conaway hid Kmart’s crumbling finances by failing to tell investors that the retailer was delaying payments to suppliers in order to stock pile cash.

The charges mainly stemmed from Conaway’s call with Wall Street analysts in November 2001 and the company’s quarterly filing with regulators.

In that call, Conaway reported sliding sales but did not disclose the changed vendor payment policy or an ill-timed purchase of $800 million in merchandise. In court, Conaway said that it never crossed his mind that he was withholding critical information.

Investors’ negative reaction to the quarterly report “would have been significantly worse” had Conaway made disclosures about “the magnitude of the liquidity crisis including its extensive slow-pay systems,” the judge wrote.

Pepe denied the SEC’s request to bar Conway from serving as an officer at another public company, saying the fines and damage to his reputation were deterrent enough from committing future violations.

Conway was forced out of Kmart as the company emerged from bankruptcy protection in 2003 under the control of investor Edward Lampert. The following year Kmart merged with Sears, Roebuck and Co., creating Sears Holdings Corp.

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Wal-Mart Sets Plan To Cut Gas Emissions
By Miguel Bustillo - Dow Jones Newswires
February 25, 2010

Wal-Mart Stores Inc. said it plans to cut 20 million metric tons of greenhouse-gas emissions by 2015.

However, Wal-Mart will make its suppliers do the dirty work of reducing the carbon footprints of their global supply chains.

The retailer has a separate effort to reduce energy use and cut the environmental impact of its 8,400 stores world-wide.

The pledge, equivalent to taking more than 3.8 million cars off the road by the company's estimate, comes after Wal-Mart last year unveiled a plan to reduce the overall environmental impact of products it sells.

Wal-Mart stated that it will now select the product it sells in part by judging whether manufacturers are on board with its green initiatives, suggesting that those who are not will have an increasingly hard time getting products on shelves. But company executives downplayed any friction Thursday, arguing that the goals could be achieved without burdening business partners.

"Reducing carbon in the life cycle of our products will often mean reducing energy use," Chief Executive Mike Duke said in a webcast with Fred Krupp, head of the Environmental Defense Fund, which helped develop the plan.

"That will mean greater efficiency, and with the rising cost of energy, lower costs, making our business stronger."

Wal-Mart, based in Bentonville, Ark., didn't estimate the total carbon footprint of its far-reaching global supply chain. and conceded that the reductions wouldn't dramatically curtail its current overall contribution to the heat-trapping gases many scientists have linked to climate change. Instead, the company estimated that the reduction of 20 metric tons would be one and a half times the anticipated growth of its global carbon footprint during the next five years.

The 20 million metric tons represents the amount of greenhouse gases the products would release over their entire life, it said.

To check whether reduction claims are legitimate, Wal-Mart said it is asking measuring expert ClearCarbon Inc. and auditor PricewaterhouseCoopers LLC to verify the claims.

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Sears's Lampert Is Feeling Testy
Despite Profit, Chairman Vents on Amazon, Taxes, And 'Simplistic' Analysis
 By Michael Corkery - Deal Journal - Breaking Insight
WSJ.com
February 24. 2010

Your company reports better-than-expected results for the fourth quarter, as profits jumped and the Internet business began to gain traction. It's "Going to Disney World" time, right?

Not if you listen to Sears Holdings Chairman Edward Lampert, for whom the sun is setting on the U.S. economy and entrepreneurial spirit.

Mr. Lampert penned a 13-page shareholder letter to accompany the company's fourth-quarter earnings where, after praising the company's progress, opined on how the government is unnecessarily interfering with the free markets by proposing to regulate the financial system:

"Self-regulation is a better idea and it is a better choice, whether for an individual or a corporation. Any corporation can choose to limit or make investments, increase or decrease compensation, and manage risk at different levels. Companies can compete by promoting their 'safety and soundness' or by their 'willingness to take risks.'"

Here are more of Mr. Lampert's pet peeves:

The echo chamber: "Business leaders, regulators, public officials and journalists have become an echo chamber of self-support and self-congratulation. … Their words and their actions are often self-serving (whether right or wrong)..."

On Amazon.com and sales taxes: "If state and local governments are going to require retailers like Sears and Kmart to collect sales taxes and not retailers like Amazon.com, they should recognize that over time their sales tax base will erode significantly and that they place companies who have chosen to locate stores locally at a competitive disadvantage."

Credit raters and "simplistic" analysis: "When we inquire why our ratings are not higher than some competitors with credit metrics that are weaker than ours, one factor cited is that some analysts prefer their business models. Meanwhile, we have a higher market capitalization and less debt than many of these competitors. We increased our earnings, while many others have seen their earnings decline. We have a diversified business portfolio and a significant revenue base and scale."

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Sears Posts Profit Jump
By Karen Talley & Nathan Becker - Wall Street Journal
April 24, 2010

Sears Holdings Corp.'s fiscal-fourth-quarter earnings more than doubled compared with a year earlier, when it took $336 million in write-downs, as cost cutting and fewer markdowns offset flat sales.

Sears Chairman Edward Lampert said earnings without items had risen more than $200 million over 2008. "While this may be surprising to some, it isn't to me," Mr. Lampert wrote in his annual letter to stockholders, citing the diversity of Sears businesses and brands.

For the quarter ended Jan. 30, Sears reported a profit of $430 million, or $3.74 a share, up from $190 million, or $1.55, a year earlier. Excluding items such as the year-earlier write-downs, per-share earnings rose to $3.69 from $2.94.

The company in January had forecast per-share profit of $3.36 to $4.06 but clarified Tuesday that the outlook had excluded any store closings or hedge gains or losses, which amounted to 25 cents a share.

Revenue declined 0.2% to $13.25 billion. Analysts polled by Thomson Reuters had recently forecast $12.9 billion in revenue. Same-store sales declined 2.5% overall, dropping 6.1% at Sears while rising 1.7% at Kmart. Sears said it expects a $7 million charge for first-half store closings.

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Home Depot Undergoes Renovation
Chain Retools Business Practices After Lowe's Chips Away at Market Share
By Miguel Bustillo - Wall Street Journal
February 24, 2010

Home Depot Inc. is regaining momentum after belatedly tackling its biggest fix-it task to date: remodeling itself.

The world's largest home improvement chain—which on Tuesday reported its first rise in sales at stores open at least a year since 2006—is redesigning the way it ships merchandise to stores, answers customers' questions, and showcases its wares on the Internet.

The goal is to improve productivity and expand profits by revamping a slew of business practices that never changed during the company's mushrooming growth in the 1980s and 1990s, and that look primitive compared to current trends in retailing.

The most dramatic change is that Home Depot is phasing out the antiquated practice of having suppliers send dozens of half-empty trucks directly to its more than 2,200 stores.

A network of "rapid deployment" warehouse centers being completed this year will combine shipments, trim costs and cut truck trips to stores by up to 50%. That will let more of Home Depot's orange-apron-wearing workers shift from shipping docks to store aisles, in hopes of tackling a festering reputation for bad service.

"We realized we were dissatisfying a fair number of our customers," said Chief Executive Frank Blake in an interview, adding that he believes the company has found "the path to fix it."

Wall Street's big question is why it has taken Home Depot, which until recently had lost market share to rival Lowe's Cos. for years, so long to hammer flaws in its foundation.

"It's fair to say we took our eye off the ball," said Chief Merchandising Officer Craig Menear.

Mr. Blake, a former Deputy Energy Secretary under George W. Bush who fell into the chief executive position three years ago following the ouster of predecessor Robert Nardelli, tries to accentuate the positive, arguing that a "late-mover" advantage will allow Home Depot to avoid the costly mistakes that other retailers made modernizing operations.

Lowe's, which reported a 27% jump in fourth-quarter earnings Monday, has seen its stock double in the past decade, whereas Atlanta-based Home Depot saw its shares lose half their value over the same period. Lowe's Chief Executive Robert Niblock said the company was confident its supply chain would continue to give it a competitive edge.

"We have a sophisticated distribution network that has better capabilities than what Depot is putting in," Mr. Niblock said. Lowe's is based in Mooresville, N.C.

Home Depot executives concede that the company's supply chain still won't be state of the art after the upgrade, though it will be a big step forward.

Analysts believe Home Depot will struggle to regain all the business it ceded to Lowe's, due in part to a lingering reputation for lousy service that sprung up during Mr. Nardelli's reign as the retailer slashed full-time jobs.

Mr. Nardelli, now an adviser at Cerberus Capital Management LP, declined comment, citing terms of his separation from Home Depot.

Some analysts say Home Depot may be poised to reap more benefits when the housing market bounces back. Home Depot reported a profit of $342 million, or 20 cents a share, for the quarter ended Jan. 31, compared to a loss of $54 million, or three cents a share, the year before.

"That's pretty impressive when you considered how mismanaged they have been," said Gary Balter of Credit Suisse Group.

To tackle the perception that Home Depot workers are always too busy to help customers, the company is spending $60 million on hand-held devices that will help workers check on the spot if something is in stock. Marvin Ellison, a former Target Corp. executive who is Home Depot's executive vice president of U.S. stores, conceded there was no good reason it took so long to devise the devices, which replace consoles resembling EKG heart machines that workers would constantly leave customers to go use.

The important thing, he said, is that progress is being made: Home Depot said its internal customer rating scores have shown improvement for 14 straight months.

Some consumers remain skeptical. Mitch Ross, a network engineer and former home builder in Richardson, Texas, said he wished customer service were better at Home Depot, because it is closer to his home than Lowe's.

"I have no ax to grind one way or another, but I find that shopping at Lowe's is much more pleasant," he said. "Both have cut back on the number of customer service people, but for some reason Lowe's people go out of their way to help. I have a hard time finding anyone at Home Depot."

Home Depot's Mr. Ellison said that it "takes time to change any retail environment, but if you look now compared to two years ago, it is a huge difference."

Communication was also a problem at Home Depot. Mr. Ellison said he was stunned to discover that store managers were drowning in hundreds of emails from headquarters.

So Mr. Ellison says he cut it to one email a week, on Monday, and set up a hotline for managers to complain if the edict is violated. In addition to its supply chain fixes, Home Depot is waking up to the Internet.

Chief Financial Officer Carol Tome said she was embarrassed that Amazon.com Inc. sold more drills online than Home Depot, which initially operated its Web site as a separate business that, by design, sold Xbox videogame consoles and other items not found in stores.

Now the company is building a site that not only sells what stores do, but features do-it-yourself videos to help customers with projects. "We're now building a site that fixes people's problems," Home Depot online president Hal Lawton said.

—Ann Zimmerman contributed to this article

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Sears Holdings delivers its best profit in 3 years
By Sandra M. Jones, reporter - Chicago Tribune
February 24, 2010

Sears Holdings Corp. posted its best quarterly profit in three years, fueled by improved sales at Kmart and cost cuts.

The owner of Sears and Kmart earned $430 million, or $3.74 a share, during its fiscal fourth quarter. That's more than double the profit of $190 million, or $1.55 a share, during the same period last year. Excluding one-time items, including $336 million in charges from the year-ago quarter, earnings rose to $3.69 a share from $2.94.

Revenue for the quarter ended Jan. 30 fell 0.2 percent, to $13.2 billion, from a year ago. Sales at U.S. stores open at least one year, a key retail metric, fell 2.5 percent.

Kmart same-store sales rose 1.7 percent, helped by holiday toy sales, home goods and the benefit of assuming footwear operations from a third party in January 2009. It was the second consecutive quarter of improvement at the discount chain.

Sears fared worse. Same-stores sales at the company's namesake U.S. stores fell 6.1 percent, weighed down by declines in its core home-appliance business, along with a falloff in lawn and garden and home electronics sales.

The watershed quarter comes as the Hoffman Estates-based company seeks to bolster declining sales by selling some of its in-house brands, including Craftsman and DieHard, through rival retailers. This month, for example, Sears agreed to sell some Craftsman hand tools at 100 Ace Hardware stores starting in May.

"I recognize that our financial results, while substantially improved from 2008, remain well below where we would like them to be," Sears Chairman Edward Lampert said in his annual letter to shareholders.

Lampert, the majority shareholder in Sears, rarely speaks publicly, making his yearly letter one of the few times investors hear his point of view.

The 13-page letter highlighted Sears' online business and its proprietary brands as worthy of investment for future growth.

Lampert, a billionaire hedge-fund manager, also praised Amazon and eBay for their retail prowess and suggested that online merchants have an unfair advantage by not having to collect sales tax, a debate the retail industry has been having for years.

Moody's Investors Service issued a report Tuesday praising Sears' attempts to sell its brands through outsiders, but also noting it is waiting to see how the move affects traffic at Sears stores and how well Sears will be able to protect the quality of its brands through third parties.

"While the company's overall performance surpassed our expectations, the company's low operating profitability continues to weigh heavily on its credit metrics," the Moody's report said.

Since Lampert engineered the combination of Sears and Kmart in 2005, Sears has dramatically cut back spending on maintaining and improving its stores.

Sears closed 27 stores in the fourth quarter and 62 stores for the full fiscal year. It is closing unprofitable Kmart and Sears stores while adding smaller format Sears dealer stores and investing in its online business.

Sears Holdings operated 3,921 stores as of Jan. 30, up from 3,918 a year ago. Sales for the year fell 5.9 percent, to $44 billion.

Sears shares on Tuesday fell 1.9 percent, to $93.80.

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Retailers Profits Rise, but Customers Hold Back
By the Associated Press - New York Times
February 24, 2010

CHICAGO (AP) -- A fleet of the nation's biggest merchants reported mostly better fourth-quarter profits Tuesday after a holiday season marked by cautiously stocked shelves and well-managed markdowns.

But the rosier results mask a tough reality: To build on their halting improvements, retailers will need shoppers who are willing and able to spend more. That's not happening yet.

''They have a bit of momentum to carry them into 2010 and they have the right formula,'' said Morningstar retail analyst Kim Picciola. ''But they're just waiting on the consumer to come back.''

They may have to keep waiting if Tuesday's surprisingly steep drop in consumer confidence figures offers any insight. The measure fell in February its lowest level in 10 months, according to a private research group, largely precipitated by mounting worries about job security.

''The economy is not out of the woods yet,'' The Home Depot Co. Inc. CEO Frank Blake told investors during a conference call Tuesday to discuss the home improvement retailer's results, which went from a loss last year to a profit of $342 million, or 20 cents per share. ''We're not projecting robust growth. Our expectation is that 2010 will be a transitional year.''

From Sears to Macy's to Target, profits rebounded in the fourth-quarter after a downright dismal 2008 holiday season.

The increase -- more than double the previous year's figures at Sears; a 54 percent boost at Target; and a reversal of last year's loss at Macy's -- came from cost cutting and carefully ordered merchandise. That let retailers sell without drastic markdowns that were standard the year before.

But sales were mostly stagnant, ranging from a 1 percent decline in Macy's department store to a 3 percent gain at cheap-chic Target. Shoppers will stay cautious until the nation's economy and job outlook is rosier, experts said.

Unable to keep waiting out that return, retailers are trying everything they can to make their stores and their products more inviting to customers.

''We're now getting to a point where retailers are going to have to break a stalemate,'' said Wendy Leibmann, CEO of consulting firm WSL Strategic Retail. ''They're going to have to now invest in getting shoppers back into the store and not just invest in cutting their expenses. And if they don't start innovating and being aggressive in their marketing again, shoppers are just going to continue to sit on their hands.''

At Target Corp., which earned $936 million, or $1.24 per share, in the quarter, there's a push toward marketing low prices and expanding grocery selections. The company is also rolling the dice on a new store format starting in April that will feature spruced-up home furnishings, larger grocery sections and better video game displays.

''We believe that collectively this set of innovations will be a powerful catalyst for future market share growth,'' Target chairman, president and CEO Gregg Steinhafel said during a conference call Tuesday to discuss the fourth quarter's results.

At Sears Holdings Corp., which is blanketing the marketplace with its latest e-commerce experiments, Chairman Edward Lampert said he's confident the owner of Sears and Kmart stores will be able to leverage online presence and well-known brands like Kenmore, Craftsman, Diehard and Lands' End.

Last week, Sears said it would begin selling some of its famous brands at other retailers, including some selected Craftsman tools at Ace Hardware locations.

Its profit -- its best in three years -- was $430 million, or $3.74 per share, although revenue dipped.

''Sears has a long tradition of building lifetime relationships with our customers, and the focus that we have on updating and improving our service businesses continues that tradition,'' Lampert, who acquired Kmart out of bankruptcy in 2003 and Sears two years later, wrote in a lengthy annual letter to investors.

Meanwhile, Macy's Inc. CEO and Chairman Terry Lundgren said the department store chain plans to capitalize on the success of its holiday shopping season and is carefully planning its 2010 sales and discounts. Sears shares fell $1.86, or 2 percent, to close Tuesday at $93.80, while Target's stock dropped 58 cents, or 1.2 percent to $50.06.

Macy's climbed 20 cents to $18.67 while Home Depot added 43 cents, or 1.4 percent, to $30.75.

Shares of Barnes & Noble, whose results were short of Wall Street forecast, fell $1.28, or 6 percent, to end at $20.23.

------ AP Retail Writers Mae Anderson, Michelle Chapman and Anne D'Innocenzio contributed to this report from New York.

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Why Sears Is Rebranding Kenmore
By Elaine Wong - Brandweek Magazine
February 24, 2010

Sears Holding Corp. has undertaken a huge task: To completely revamp and relaunch approximately 450 Kenmore appliance models. The move is part of a larger effort for the home appliance brand, which is sold exclusively at Sears. Right now, the changes are rolling out on washing machines, and soon, on refrigerator units. Kitchen appliances will follow later this year. The goal is to contemporize Kenmore, an 83-year-old, iconic American brand, said Betsy Owens, Kenmore vp and general manager. Female consumers, primarily, saw Kenmore as a brand that their grandmothers and mothers bought, but that didn’t necessarily speak to them, Owens said. So to update the brand and its image, a new television, in-store and social media campaign was launched. The push also includes a new visual brand identity and a Web site, with features that speak to this modern female demographic. Despite the unstable economy, Owens said now is the perfect time for the rebranding and the related campaign. “We have a product for every pocket, and from a value [standpoint, the Kenmore brand is so aligned with where Americans are right now that I don’t think we could’ve picked a better time to do this,” she said. What follows are excerpts from Brandweek's conversation with Owen, who further discussed the rebranding.

Brandweek: Sears Holding Corp. is relaunching Kenmore in a downturn. Why so? Betsy Owens: Kenmore is one of those great, iconic American brands. It’s been around forever. It invented many of the categories it competes in today and it has been the leader in appliances for many, many years. It’s always been a highly innovative brand: It was the first one to bring front-loading washing machines to the U.S., the first to introduce color on [these] machines, the first to [introduce] induction on freestanding ranges. It has a lot of firsts behind it. But even great brands like Kenmore need to adopt and adjust and reinvent themselves periodically, and that is really what we’re doing [in this campaign].

BW: So how did consumers perceive of the brand before this?
BO
: We’re hearing from customers that “My grandmother and my mother had Kenmore. I grew up with Kenmore. I love it for that reason, but it doesn’t necessarily speak to who I am.” So, we saw an opportunity to reach out to consumers with a more stylish product.

BW: Define that customer more precisely.
BO
: It’s more women, although we recognize more and more often now, males are involved in the purchasing decisions. But first and foremost, it’s women from their 20s—when you’re first setting up a house—all the way up to their 50s. What we’ve done differently than in the past is we really focused on attitudinal segments, so our sweet spot for the core consumer is someone we’re calling the “savvy mom.” We see her as someone who is true to the Kenmore spirit. She’s practical and resourceful, but she’s also someone who doesn’t feel that she should have to trade off among style, performance and price. She is someone who believes she can get it all and not make any compromises. We think we’ve got the sweet spot in terms of a product that will appeal to her at that level. She is also someone who sees stylish design and technology as a way to make a statement about who she is and her home. She is someone who prioritizes her role as mom and wife, but she feels younger than her mom did at that same age.

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Sears logs best quarter in 3 years,
Chairman Lampert answers critics of his strategy

By Monée Fields-White - Chicago Business.com
February 23, 2010

(Crain’s) — Sears Holdings Corp. posted its best quarterly profit in three years amid rising sales at Kmart Corp. and ongoing cost-cutting throughout the retail chain.

The Hoffman Estates-based parent of Sears and Kmart said it earned $430 million, or $3.74 per share, during the fourth quarter. That's up from a profit of $190 million, or $1.55 per share, during the same period last year. Excluding one-time items, the company's fourth-quarter profit amounted to $3.69 per share.

Revenue for the three months ended Jan. 30 declined less than 1% to $13.25 billion, the company said. Same-store sales, a key industry performance gauge, declined 2.5% overall. Comparable sales at Sears stores dropped 6.1%, while Kmart posted a 1.7% gain.

“I am pleased to report that we delivered both stability and progress,” Sears Chairman Edward Lampert wrote in his annual letter to shareholders. "While this may be surprising to some, it isn't to me." Sears’ shares were down nearly 2% to close at $93.80 on Tuesday.

For the full year, Sears earned $235 million, or $1.99 per share. That's significantly up from its 2008 profit of $53 million, or 42 cents per share. Full-year revenue slipped 5.8% to $44.04 billion, down from $46.77 billion last year.

Mr. Lampert’s 13-page annual letter is one of the rare moments, outside of the company’s annual meeting, when shareholders get to hear from the billionaire hedge fund manager who combined Sears and Kmart in 2005.

In this year's message, he continued to defend his company’s strategy against critics who've said he’s reduced expenses to the point where a large chunk of his more than 3,500 stores are in poor condition.

The company has begun liquidating 21 of its underperforming stores, including eight Sears’ locations and 13 Kmart stores.

Last week, Sears announced it will begin selling a selection of Craftsman-brand tools at Ace Hardware stores. In recent weeks, the retail chain reached a licensing deal to allow sales of some DieHard-brand products at non-Sears stores, and it plans to franchise its Sears Auto Centers to car dealerships. Mr. Lampert also has been investing heavily in his company’s online business.

“We have chosen to invest primarily in areas of our business that we believe will yield long-term growth and attractive returns,” he said. Mr. Lampert also railed against the credit-rating agencies. “When we inquire why our ratings are not higher than some competitors with credit metrics that are weaker than ours, one factor cited is that some analysts prefer their business models," he said.

He added that "we increased our earnings, while many others have seen their earnings decline. We have a diversified business portfolio and a significant revenue base and scale. Obviously, we don't agree with all of the critical qualitative conclusions and the quantitative metrics speak for themselves."

Mr. Lampert offered his views on federal regulation and policies relating to issues such as job creation. He even criticized local governments for allowing rival Amazon.com to continue to sell its products without charging sales tax in most states.

"Either we all collect taxes or nobody collects taxes," Mr. Lampert wrote. "If state and local governments are going to require retailers like Sears and Kmart to collect sales taxes and not retailers like Amazon.com, they should recognize that over time their sales tax base will erode significantly and that they place companies who have chosen to locate stores locally at a competitive disadvantage."

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Sears Profit More Than Doubles
By The Associated Press - New York Times.com
February 23, 2010

CHICAGO (AP) -- Kmart shoppers and cost-cutting helped Sears Holdings Corp. boost its profit as the retailer posted its best quarterly profit in three years, the department store chain said Tuesday.

Led by financier Chairman Edward Lampert, Sears has spent years struggling as customers skipped out on its brands for competitors.

But in the fall, business began to turn around at its Kmart discount chain when sales at those stores rose for the first time since 2002 as deal-seeking shoppers returned to stores.

The owner of Sears and Kmart says it earned $430 million, or $3.74 per share, during the fourth quarter. That's up from a profit of $190 million, or $1.55 per share, during the same period last year. Excluding one-time items, the company's fourth-quarter profit amounted to $3.69 per share.

Revenue for the three months that ended Jan. 30 dipped less than 1 percent to $13.25 billion.

Analysts surveyed by Thomson Reuters expected the merchant to earn $3.54 per share on revenue of $12.90 billion.

Those estimates typically exclude one-time items.

Sales in stores open at least a year grew again in the fourth quarter, climbing 1.7 percent at the chain, as shoppers bought toys and products for their home. That's a key measure for retailers because it excludes the effects of newly opened stores.

At the same time, the retailer worked to control expenses and amped up its promotions.

''Our improved performance is especially encouraging given the challenging economic environment, particularly related to big-ticket items,'' W. Bruce Johnson, Sears Holdings' interim CEO and president, said in a statement.

Sears hasn't had such a strong quarter since the fourth quarter of 2006, when it earned $820 million.

For the full year, Sears earned $235 million, or $1.99 per share. That's up dramatically from its 2008 profit of $53 million, or 42 cents per share.

Full-year revenue slipped 5.8 percent to $44.04 billion, down from $46.77 billion last year.

Separately Tuesday, Lampert released his annual letter to shareholders. The missive, which this year tipped the scales at 13 pages and nearly 7,200 words, is a rare time the typically reclusive billionaire communicates with investors.

In this year's message, Lampert continued to defend Sears' business strategy against critics who've cautioned he's cut expenses and left much of its massive 3,900 stores in poor condition. He also railed against the credit rating system, which he said unfairly gives Sears a rating below many of its competitors.

''When we inquire why our ratings are not higher than some competitors with credit metrics that are weaker than ours, one factor cited is that some analysts prefer their business models,'' he said. ''We increased our earnings, while many others have seen their earnings decline. We have a diversified business portfolio and a significant revenue base and scale. Obviously, we don't agree with all of the critical qualitative conclusions and the quantitative metrics speak for themselves.''

He also argued for less government spending and regulation and criticized governments for allowing rival Amazon.com to continue to sell its products without charging sales tax in most states.

''Either we all collect taxes or nobody collects taxes,'' Lampert wrote. ''If state and local governments are going to require retailers like Sears and Kmart to collect sales taxes and not retailers like Amazon.com, they should recognize that over time their sales tax base will erode significantly and that they place companies who have chosen to locate stores locally at a competitive disadvantage.''

Sears is based in Hoffman Estates, Ill.

Its shares climbed $1.34, or 1.4 percent, to $97 in pre-market trading.

Shares closed Monday at $95.66.

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Sears has best quarterly profit in 3 years
By Sandra M. Jones - Chicago Tribune.com
February 23, 2010

Sears Holdings Corp. posted its best quarterly profit in three years, fueled by improved sales at Kmart and year-earlier write downs.

The owner of Sears and Kmart says it earned $430 million, or $3.74 per share, during the fourth quarter. That's up from a profit of $190 million, or $1.55 per share, during the same period last year. Sears hasn't had such a strong quarter since the fourth quarter of 2006, when it earned $820 million.

A 1.7 percent increase in Kmart same-store sales marks the second consecutive quarter of improved performance at the discount chain. Kmart sales rose as cash-strapped shoppers bought more toys and home goods. It also reflects a sales boost from assuming footwear operations from a third party in January 2009. .

In contrast, same store sales at Sears stores in the U.S. fell 6.1 percent, driven by declines in its core home appliance business along with a fall off in lawn and garden and home electronics sales.

"I recognize that our financial results, while substantially improved from 2008, remain well below where we would like them to be," said Sears Chairman Edward Lampert in his annual letter to shareholders.

Lampert, the majority shareholder in Hoffman Estates-based Sears, has no investor relations department and rarely speaks publicly, making his yearly letter one of the few times he puts forth his point of view.

The 13-page letter highlighted Sears online business, one of its bright spots and discussed pension reform, a steady thorn in Lampert's side, given Sears' large pension expense. It also took the credit agencies to task once again for not giving Sears a higher rating and advocated for less government regulation as a way to create jobs.

Lampert also praised Amazon and eBay for their prowess and suggested that online merchants have an unfair advantage because they don't have to collect sales tax -- a debate the retail industry has been having for years.

Under Lampert's aegis, Sears has dramatically cut back spending on maintaining and improving its stores. But, the hedge fund manager outlined areas he sees worth investment that he believes "will yield to long-term growth and attractive returns." They include the online business, home services, the marquee Kenmore and Craftsman and Lands' End brands, as well as the smaller format Hometown, or dealer, stores and outlet stores.

Sears closed 27 stores in the fourth quarter and 62 stores for the full fiscal year.

"Most of those stores have underperformed for some time and, despite focused efforts to improve them, we felt that we could no longer afford to wait for those stores to turn around," Lampert said in the letter. "With expiring leases, we have been able to reduce our money-losing stores while at the same time generating cash from the liquidation of inventory."

Excluding one-time items, the company's fourth-quarter profit amounted to $3.69 per share. Revenue for the three months that ended Jan. 30 dipped less than 1 percent to $13.25 billion.

Analysts surveyed by Thomson Reuters expected the merchant to earn $3.54 per share on revenue of $12.90 billion.

Those estimates typically exclude one-time items.

Cash at year end increased to $1.7 billion from $1.3 billion.

Credit Suisse analyst Gary Balter said in a Tuesday report that in spite of the improved quarterly performance, rivals Home Depot and Lowe's -- which have been spending money to improve their stores, are still gaining share from Sears.

"If one were to read Mr. Lampert's letter accompanying Sears' earnings release this morning, one would sense a tone of victory throughout the letter," Balter said in the report. "While we will resist the temptation to compare it to the U.S. hockey team declaring a similar victory despite only winning a preliminary round game, we would just say that both may be overconfident.

"The road for Sears from here is quite different than the road we believe Home Depot, Lowe's and other cheaper (stocks) will take over the next few years," he said.

Sears had an easy comparison with the year-ago quarter when $336 million in charges related to asset impairments and costs associated with stores closings and severance cut into profit. Operating income was $749 million in the quarter ended Jan. 30 compared to $325 million for the year-ago quarter.

Sears Holdings operated 3,921 stores as of Jan. 30 up from 3,918 a year ago.

The number of Kmart stores fell to 1,327 from 1,368 and full-line Sears stores shrunk to 908 from 929, while the number of specialty Sears, or small format, stores have risen to 1,284 from 1,233.

-- The Associated Press contributed to this report

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ObamaCare at Ramming Speed
The White House shows it has no interest in compromise.
Review & Outlook - The Wall Street Journal
February 23, 2010

A mere three days before President Obama's supposedly bipartisan health-care summit, the White House yesterday released a new blueprint that Democrats say they will ram through Congress with or without Republican support. So after election defeats in Virginia, New Jersey and even Massachusetts, and amid overwhelming public opposition, Democrats have decided to give the voters what they don't want anyway.

Ah, the glory of "progressive" governance and democratic consent.

"The President's Proposal," as the 11-page White House document is headlined, is in one sense a notable achievement: It manages to take the worst of both the House and Senate bills and combine them into something more destructive. It includes more taxes, more subsidies and even less cost control than the Senate bill. And it purports to fix the special-interest favors in the Senate bill not by eliminating them—but by expanding them to everyone.

The bill's one new inspiration is a powerful federal board that would regulate premiums in the individual insurance market. In all 50 states, insurers are already required to justify premium increases to insurance commissioners, who generally have the power to give a regulatory go-ahead, or not. But their primary concern is actuarial soundness and capital standards, making sure that companies have enough cash to pay claims.

The White House wants to create another layer of review that will be able to reject any rate increase that is "unreasonable or unjustified." Any insurer deemed guilty of such an infraction by this new bureaucracy "must lower premiums, provide rebates, or take other actions to make premiums affordable." In other words, de facto price controls.

Insurance premiums are rising too fast; therefore, premium increases should be illegal. Q.E.D. The result of this rate-setting board will be less competition in the individual market, as insurers flee expensive states or regions, or even a cascade of bankruptcies if premiums are frozen and the cost of the care they are expected to cover continues to rise. For all the Dickensian outrage about profiteering by WellPoint and other companies, insurance is a low-margin business even for health care, and at least 85 cents of the average premium dollar, usually more, is devoted to actual health services.

Price controls are always the first resort of national health care—i.e., Medicare's administered prices for doctors and hospitals. This new White House gambit is merely a preview of ObamaCare's inevitable planned medical economy, which will reduce choice and quality.

The coercive flavor that animates this exercise is best captured in the section that purports to accept the Senate's "grandfather clause" allowing people who like their current health plan to keep it. Except that "The President's Proposal adds certain consumer protections to these 'grandfathered' plans. Within months of legislation being enacted, it requires plans . . . prohibits . . . mandates . . . requires . . . the President's Proposal adds new protections that prohibit . . . ban . . . and prohibit . . . The President's Proposal requires . . ." After all of these dictates, no "grandfathered" plan will exist.

Meanwhile, the new White House plan further vitiates the remnants of cost-control that remained in the House and Senate bills. Now the highly vaunted excise tax on high-cost insurance plans won't kick in until 2018, whereas it would have started in 2013 in the Senate bill, and this tax will only apply to coverage that costs more than $27,500.

Very few plans ever reach that threshold, and sure enough, this is the same $60 billion deal the White House cut in December with union leaders who have negotiated very costly benefits. Now it is extended to all to avoid the taint of political favoritism.

While the White House claims to eliminate the "Cornhusker Kickback," the Medicaid bribe that bought Nebraska Senator Ben Nelson's vote, political appearances are deceiving. As with the union payoff, what the White House really does is broaden the same to all states, with all new Medicaid spending through 2017 and 90% after 2020 transferred to the federal balance sheet. Governors will love this ruse, but national taxpayers will pay more.

And more again, because the White House has adopted the House's firehose insurance subsidies. People earning up to 400% of the poverty line—or about $96,000 for a family of four in 2016—will qualify for government help, and, naturally, this new entitlement is designed to expand over time.

The Administration also claims to have discarded the House's 5.4-percentage-point surtax on joint-filers earning more than $1 million a year, but it sneaks it back in by expanding the Senate's expansion of the 2.9% Medicare payroll tax to joint income about $250,000. The White House would now apply that tax for the first time to income from "interest, dividends, annuities, royalties and rents," details to come.

***

The larger political message of this new proposal is that Mr. Obama and Democrats have no intention of compromising on an incremental reform, or of listening to Republican, or any other, ideas on health care. They want what they want, and they're going to play by Chicago Rules and try to dragoon it into law on a narrow partisan vote via Congressional rules that have never been used for such a major change in national policy. If you want to know why Democratic Washington is "ungovernable," this is it.

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Sears Holdings 2009 Results
Chairman's Letter
February 23, 2010

To Our Shareholders:

Today we announced our financial results for our 2009 fiscal year. I am pleased to report that we delivered both stability and progress, resulting in roughly $1.8 billion of Adjusted EBITDA, an improvement of more than $200 million over 2008. While this may be surprising to some, it isn’t to me. The dedication of our associates and leadership team led by Bruce Johnson and the diversity of the Sears Holdings business portfolio—Sears Full Line stores, Kmart stores, our Home Services business, Sears Auto Centers, Outlet Stores, Hometown Stores, the Kenmore, Craftsman, DieHard and Lands’ End brands, our majority interest in Sears Canada, and our online business properties including sears.com—have allowed us to successfully manage through the economic and financial crisis of the past two years.
Today, the United States stands with an unemployment rate close to 10%, a housing market that appears to be stabilizing at depressed levels, and uncertainty over government policy and geopolitical events. Despite this, Sears Holdings continues to make progress against our strategic initiatives and our long-term financial goals. I recognize that our financial results, while substantially improved from 2008, remain well below where we would like them to be. At the same time, we have seen significant improvements in our focus on customers and the transformation of our culture.

I would like to do several things in this letter. First, review 2009 at Sears Holdings. Second, look ahead to 2010 and beyond. Third, discuss some policy issues generally including job creation, and finally, address some consequences of ecommerce tax practices.

2009 in Review
In 2009, we kept expenses under control and stayed focused on our vision and strategic, operational, and financial goals. We were both prudent and opportunistic in spending money and in allocating capital at a time when many others had to make major adjustments.

Early in the year we amended and extended our revolving credit facility through June 2012. In one of the most difficult financing markets in recent memory, we found significant support from numerous financial partners led by Bank of America, Wells Fargo and General Electric, and we executed one of the largest revolving credit facilities in the past couple of years. Our substantial asset base and our strong cash flow management were important factors in this successful deal. When people take a close and objective look at our company, our strengths are not difficult to see.
Our customer satisfaction scores have continued to rise in both Kmart and Sears stores. While we know we still have room to improve, we are pleased that we are making progress against the five key pillars of our strategy that I outlined in last year’s letter.

Creating lasting relationships with customers by empowering them to manage their lives: In 2009, we executed a number of initiatives to improve our relationships with customers. These initiatives focused on increasing the breadth and depth of our product offerings, improving our multichannel capabilities, creating platforms that engage with customers, and improving our ability to deliver customer services and solutions. Specific initiatives for 2009 included the introduction of Marketplace on sears.com, which dramatically increased our assortment by giving customers access to millions of products, and the launch of online shipping capability to 90 countries. We also introduced ManageMyLife.com, expanding our ManageMy Home.com site into an online destination that supplements sears.com by providing information that helps people get things done by themselves or with the help of others. We created or expanded marketing programs including ShopYourWay, “Life. Well spent.”, Sears Blue Appliance Crew, Sears Blue Electronics Crew, Sears Blue Tools Crew and “there’s smart, and there’s kmart smart.” We grew our online engagement platforms, MySears.com and MyKmart.com, allowing our customers to interact with each other and us and get advice before they buy. We launched the ShopYourWay Rewards program at Kmart and Sears that will provide even more value and opportunities for our customers. We also re-launched a Christmas Club program at Sears and Blue Light Specials at Kmart to offer more convenience, value, and excitement for our customers.

Attaining best in class productivity and efficiency: In 2009, we focused throughout the year on delivering quality products and services to our customers in a more productive and efficient manner. We delivered better results by focusing on product sourcing, supply chain efficiencies, franchising, labor model optimization, and consolidation of functions. Year over year, our gross margin rate was up 60 basis points and we reduced our selling and administrative expenses by over $400 million.
Building our brands: In 2009, we continued to improve and expand our brands. We are in the process of completely redesigning our entire Kenmore product line and introducing more innovation to Craftsman products. We created and launched the Lands’ End Canvas brand to target a new customer segment. We also launched or expanded new footwear brands, including Protégé, and introduced a complete product line for the home with the Cannon, Jaclyn Smith and Country Living brands. We also continue to look for ways to give more Americans more opportunities to purchase our brands, as evidenced by the recent announcement of the trademark license agreement with Schumacher Electric Corporation, which will enable DieHard branded power accessories to be sold to retailers in the United States, Puerto Rico and Mexico, as well as our agreement with Ace Hardware that will introduce a selected assortment of Craftsman products to customers who prefer to purchase in a smaller and different type of retail channel.

Reinventing the company continuously through technology and innovation: We continued to improve convenience for our customers by investing in technology. We also focused on being more innovative across all business units. We improved our point of sale systems for faster check-outs, improved the customer experience on our websites, launched new mobile applications, including Sears2Go and Personal Shopper, and offered our customers multiple forms of payment both in-store and online, including express checkout, PayPal, eBillme, check electronification, and an expanded version of our successful Layaway program.

Reinforcing “The SHC Way” by living our values every day: In 2009, we also strove to improve our work environment and our impact in the communities in which we live. We harnessed technology solutions to increase real-time feedback from our associates and customers, which has had a transformative impact on our culture and customer focus. We also made progress towards our commitment to environmental responsibility by launching a corporate environmental sustainability program and announcing a new sustainable paper procurement policy. Our community programs, such as Heroes at Home, the March of Dimes, and St. Jude’s Research Hospital, continue to grow.

We are striving for more consistency, better customer service, increased transparency, and tighter integration of our stores, our service businesses, and our online experiences. Our early efforts in these areas are bearing fruit. Stay tuned for more ahead.

On a less positive note, we regret the closing of roughly 60 stores in 2009. Most of those stores have underperformed for some time and, despite focused efforts to improve them, we felt that we could no longer afford to wait for those stores to turn around. With expiring leases, we have been able to reduce our money-losing stores while at the same time generating cash from the liquidation of inventory and the monetization of some of the stores that we closed. We continue to evaluate our store portfolio, over 2,200 Kmart and Sears Full Line stores combined, and experiment with new and different ways to serve our customers and avoid additional store closings. Like any retailer, we would expect that our store portfolio will require continuous evaluation and transformation as we strive to have every store contribute to the creation of future value.

In the middle of last year, I responded to an errant published story that repeated unfounded claims from a Wall Street analyst regarding the cash impact of our store closings. As I explained, in most cases, when we close stores we generate cash, net of any cash required for severance and other store closing expenses. The GAAP accounting losses arise from the markdown of inventory, write-off of fixed asset balances, associate severance and any remaining payments on leases that expire in the future. Our ability to close stores is in no way hampered by any cash requirements. Instead, our preference is to operate stores profitably and to transform unprofitable or marginally profitable stores into money makers by evolving our formats to better meet the needs of the communities in which we operate. We know that when we operate our stores well, we have the ability to serve our customers well and to make money.

The pace of expansion in retail generally and in big-box retail more specifically has slowed dramatically in the past year. I have written previously about what I believed was the reckless expansion of retail space leading to lower profitability for many retailers and to low or negative returns on the investment required to expand space. In other industries, consolidation rather than expansion has led to a more sensible competitive environment and better returns for shareholders. If you examine the level of capital expenditures over the past decade at many large retailers and compare that expenditure to value created, it would not paint a pretty picture. Additionally, the dramatic declines in capital expenditures over the past couple of years at most large retailers are strong evidence that the level of maintenance capital expenditures for a big box retailer is materially below what many analysts and experts previously believed. Most of the capital spent over the past decade has been largely for store expansion, with some lesser amount required for maintaining existing stores. For a company like Sears Holdings, with over 2,200 stores in the Kmart and Sears Full Line store formats, our need to expand our physical store footprint is much less than many of our competitors. At the same time, our need to improve the productivity of our space is much greater than many of our competitors. We are pursuing a number of alternative solutions in parallel to address this challenge.

We have chosen to invest primarily in areas of our business that we believe will yield long-term growth and attractive returns. These areas include our online businesses, our service businesses, our Kenmore, Craftsman and Lands’ End brands, and some of our alternative formats like Hometown Stores and Outlet Stores. We will continue to experiment and explore ways to materially improve our Kmart and Sears Full Line store experience and competitiveness. To this end, we have made substantial investments in our online platform and in the in-store and mobile technology that enables multichannel experiences under our ShopYourWay banner. We believe that we are on the right track, with an acute customer focus internally, which should yield improved results for our customers and our shareholders externally.

Despite perceptions, we have not hesitated to open new stores when the economics make sense, including opening new Sears Outlet and Sears Hometown stores in 2009. With roughly 100 Outlet stores and almost 1,000 Hometown stores, these alternative formats represent both sources of profit and sources of growth for Sears Holdings. While both are small relative to the Kmart and Sears Full Line store formats, they serve their customers well and provide a Sears presence in smaller spaces and less populated communities.

While a number of our major competitors saw their EBITDA decline in the past year, we were pleased to report a meaningful improvement in Adjusted EBITDA from 2008 to 2009 and we aspire to repeat this improvement again in 2010. With unemployment near 10%, many of our current and potential customers have had to tighten their belts and have had their access to credit reduced and the associated costs increased, leading to a cut back in their spending, especially for big ticket items. This has impacted the Sears Full Line stores format to a greater extent than some of our other businesses. This change in customer behavior is not unique to Sears. You can see it reflected in our major mall-based competitors as well as Home Depot and Lowe’s in the home improvement categories.

2009 Awards and Recognition
Let’s look at some of the awards and recognition Sears Holdings businesses and associates received during 2009:

Sears Holdings was named one of the Top Customer Experience Web Sites for 2009 by e-Tailing Group's Annual e-Commerce Customer Experience Index.

Sears Holdings was recognized by Retail Touchpoints as the winner of the 2009 Channel Integration Award in the Mass Merchant/Department category. The Channel Integration Award honors retailers who have achieved cross-channel integration and improved the shopping experience for their customers.

Sears placed third in Mobile Commerce Daily’s ranking of the 2009 Mobile Retailer of the Year.

Sears Holdings was named the Overall Best-in-Class Company and Best-in-Industry for the Department Stores/Mass Merchandise category for adaptation of mobile e-commerce initiatives by Acquity Group, a leading services firm focusing on digital solutions, in its mobile study of the 2008 Internet Retailer 500 list.

Three of Sears Holdings e-commerce Web sites ranked in the Top 25 on STORES Magazine’s list of 50 Favorite Online Retailers of 2009. sears.com ranked number 10, LandsEnd.com was number 15 and kmart.com was number 23.

Sears Holdings online community MySears.com was ranked the top retail-branded community site in North America and ranked number four out of the top five-branded communities in a study sponsored by the Word of Mouth Marketing Association.
Sears was listed in the The Vitrue 100: Top Social Brands of 2009. The Vitrue Social Media Index assigns brands and products a score based on overall buzz from status updates, videos, photos and blog posts. Sears moved up four places to 96 this year and was the number seven retailer.

Sears received Special Recognition in 2009 for Retail Commitment from the U. S. Environmental Protection Agency. Organizations recognized have achieved major energy savings and/or help consumers save money while also increasing energy efficiency and reducing carbon emissions by offering high-performance products, educating consumers or offering incentives for better ways to use energy.

Craftsman was voted the favorite hand tool brand by over 7,000 Popular Mechanics’ readers.

Lands' End ranked number eight in the National Retail Foundation/American Express Customer's Choice Survey for 2009. This is the fourth consecutive year that Lands’ End has been named in the top ten.

Sears Holdings was honored with the Stars of Madison Avenue Award presented by the ADVERTISING Club. Sears Holdings was recognized for our efforts with Heroes at Home and Rebuilding Together.

Sears Holdings was ranked by BusinessWeek as one of the Top 100 best places to launch a career in 2009.

Crain’s Chicago Business named Michelle Pearlman, SVP and President, Jewelry, one of their “40 under 40” to Watch in 2009. Crain’s “40 Under 40” highlights Chicago-area leaders under the age of forty who are considered to be among the best and the brightest in the Chicago business community.

US Banker magazine named Susan Ehrlich, SVP and President, Financial Services, to its annual list of The Top 25 Non-bank Women in Finance.

Sears Holdings was ranked by G.I. Jobs Magazine as number 25 on their Top 100 Military Friendly Employers list for 2009.

Sears Holdings Corporation was named by Black Engineering, Hispanic Engineering and Women of Color magazines, which are part of Career Communications Group, as one of the Most Admired Employers for minority professionals based on a survey regarding their impressions of diversity initiatives at top organizations.

Sears Holdings was listed as one of the Best Places to Work for GLBT Equality by the Human Rights Campaign and received a 100 percent score in the Corporate Equality Index (CEI) for a sixth consecutive year.
Sears Holdings won the Volunteer Leadership award from the March of Dimes for our on-going support in raising public awareness of maternal and baby health issues.
Sears Holdings was ranked as the number-two retailer and number 48 out of 100 by The Dave Thomas Foundation for Adoption in 2009.
Sears Holdings was ranked in the Top 100 for the Reputation Institute’s Most Reputable and Recommended U.S. Companies for 2009.
We are proud of these accomplishments, in addition to the progress made on our financial and strategic priorities, and hope that those who may have doubted us in the past are willing to keep an open mind. For example, critics have cited our investment choices for our declining sales, while the economy has been cited for our competitors’ declining sales. Likewise, our reduction in debt is ignored while our competitors’ expansion in debt is not taken into account. While we continued to repurchase shares during the economic crisis because the value was attractive and because we had significantly lower leverage than others in our industry, many of our competitors suspended their repurchase programs to appease credit rating agencies only to resume them again after their share prices recovered significantly.
We can understand rating agency caution surrounding economic events, the retail environment, and the potential for things to get worse. In our case, it turns out that our performance far exceeded many observers’ expectations and we hope to receive credit for this performance in the form of higher credit ratings and more balanced analysis.

Rating agencies play an important role in how investors allocate capital by “qualifying” debt for certain investors. By overrating companies and securities, rating agencies can lead to systemic issues and investor losses. Similarly, by underrating companies they can lead to lower growth, less risk taking, and less job creation. Simplistic analyses, which automatically prefer capital investment to share repurchases as a use of cash that “benefits“ bondholders, ignore the fact that negative or below market returns on invested capital are as harmful to creditors as to shareholders.
When we inquire why our ratings are not higher than some competitors with credit metrics that are weaker than ours, one factor cited is that some analysts prefer their business models. Meanwhile, we have a higher market capitalization and less debt than many of these competitors. We increased our earnings, while many others have seen their earnings decline. We have a diversified business portfolio and a significant revenue base and scale. Obviously, we don’t agree with all of the critical qualitative conclusions and the quantitative metrics speak for themselves.

We do some things differently than others, and we have certain beliefs that differ from theirs. Our culture is owner-oriented, because we have owners who serve on the board that governs the company. We believe that ownership makes a difference, especially when owners have significant financial interests in the company and a long-term perspective. Instead of this raising concern, rating agencies should welcome and value owners with a demonstrated track record of long-term value creation and conservative capital policies, even when some of the capital allocation preferences differ from those that others believe lead to higher long-term credit performance.

Looking Forward
I expect us to continue our journey in 2010 to deliver improved customer experiences, new ideas, and better financial performance. It would be great to see a slight tailwind in our economy this year, though we will stay focused on the five pillars of our strategy and driving improved financial results regardless. We recently announced new and innovative products in our Kenmore laundry business as a result of our work towards a complete brand redesign that I mentioned earlier. We have an exciting Kenmore product line being delivered throughout 2010. In laundry, in refrigeration, and in cooking, we will demonstrate renewed innovation and reinvigorated leadership with heavy marketing and customer experience support. It has taken us some time, but we feel confident that we are on the right track, as the leader in the appliance business, to differentiate and extend our leadership and financial results in this important business.

At Lands’ End, we expanded our business on three dimensions in 2009 and will continue building on these in 2010. First, we added Lands’ End shops to an additional 68 Sears stores. Second, we expanded internationally for the first time in over a decade, into France and Austria. Third, we introduced Lands’ End Canvas, an updated version of the classic Lands’ End styling, which has been very well received and which extends Lands’ End’s relevance to a new demographic. And, all of this comes with the exceptional and widely recognized customer service excellence that has always been, and which we expect will continue to be, a hallmark of the Lands’ End brand.

\Our Home and Auto Services businesses have identified new growth opportunities that we began to execute in 2009. As we progress through 2010, we expect to continue to innovate and update our service businesses, which extend our reach to our customers outside our stores and help them not only purchase products but install, maintain, and repair those products as well. Sears has a long tradition of building lifetime relationships with our customers, and the focus that we have on updating and improving our service businesses continues that tradition. Expect us to reinforce our services capabilities and presence in the pursuit of helping our customers manage and improve their lives.

In 2010, we also plan to continue to expand our online and multichannel capabilities as well as our ShopYourWay Rewards program in order to help us build digital and personalized customer relationships. We aim to give our customers vastly more convenience and choice in terms of 1) what they buy (through our online Marketplace and expanded assortments), 2) where they shop (online, in stores or on their mobile devices), 3) when they receive what they want (including the popular option of same-day buy online, pick up in store which is “ready in 5 minutes--guaranteed”), and 4) how they choose what to buy (through improved access to content and feedback from our product and service experts as well as other customers). We think online social networking and social media have only just begun to have an impact on shopping, and it is a revolution we intend to harness going forward.

Finally, we continue to develop our associates and leaders. We expect that Sears Holdings will become more widely recognized as a great place to begin one’s career as well as a company that develops great talent by providing them with a variety of challenges and opportunities. Opportunities to lead are widespread and numerous at Sears Holdings. The business unit structure that we put in place two years ago has created many more general management positions, and we will continue to break down our business units to create even more opportunities for our associates to demonstrate their leadership capabilities. At the same time, we expect our leaders to perform and deliver results. With the increased opportunities for responsibility comes more clearly defined accountability. Strong leaders will welcome this challenge, and it helps us identify better performers earlier in their careers.

****

Making Sense of Business and Policy
I just finished Thomas Sowell’s most recent book, Intellectuals and Society. For those not familiar with his writings, Thomas Sowell is one of the clearest and most insightful writers of our era. I look forward to every book and column he publishes. In this book, he discusses the “vision of the anointed” and how their views shape society regardless of their merit. He describes how often these views conflict with reality without altering these views and, paradoxically, sometimes strengthening them. I couldn’t help noticing the parallels between his comments and the “vision of the anointed” in the financial and business world over the past few years.
Business leaders, regulators, public officials, and journalists have become an echo chamber of self-support and self-congratulation, whether on TV, in print or at numerous conferences. Their words and their actions are often self-serving (whether right or wrong), and they are typically regarded and reported on as if they were obvious and selfless. They get repeated as if there were no alternative views or possibility of error in their thinking. Dominant narratives develop and get defended primarily by repetition and secondarily by attacks on those who disagree with those narratives. When these favored people and views become endorsed in laws and regulations, some may benefit, but many get harmed.

There are several examples of issues that have been smothered by dominant narratives. Accepting these narratives without critical evaluation can be a contributing factor to some of the negative unexpected consequences they produce. Did the seizure of Fannie Mae and Freddie Mac (the largest nationalization in our country and likely in history) calm or ignite fear in the financial markets and did those urging or supporting the seizure profit from it? Has raising minimum wage rates helped or harmed the individuals that those advocating such policy intended to help? Is there any link between a higher minimum wage and high unemployment? Has the consolidation in financial services helped or hurt depositors and borrowers? Why were some institutions saved and others seized, merged or left to fail? How does regulatory and policy uncertainty impact investment and risk-taking in society?
I fear that Americans have been provided a false choice between a little more and a lot more regulation and taxes. We keep hearing more ideas to create jobs and generate growth that almost exclusively require more government spending. Jobs can come from government, but those jobs get paid for by taking money from the private sector, reducing the private sector’s ability to provide jobs. On the other hand, there are many who believe that less regulation, less government interference, less arbitrary regulation when it does exist, and lower government spending will generate more growth and more jobs. I agree with those views.

As one of the largest private sector employers in the United States, Sears Holdings recognizes the challenges of finding good talent, developing good talent and keeping good talent. We have created not just new jobs, but new job categories and job descriptions as our industry changes and as new technology provides both new opportunities and new challenges.

Some contend that there is an inherent conflict between labor and capital, yet they fail to appreciate that without investment there will be no growth and no jobs. For there to be investment there needs to be an expectation of profit, and, for there to be an expectation of profit, there needs to be hope and belief in the future and confidence in the rules of the game.

The straw man frequently used to justify more regulation and to criticize free markets is to assert that the proponents of free markets blindly believe that they always work and that they always produce good results. Most free market advocates don’t actually make this claim, and they know that it is not true. Free markets respect individual rights and freedom, preserve choice and accountability, and produce superior results compared with non-free markets. When free markets experience problems and produce poor results, critics are fast to proclaim that things would have been better if only there was more, but better regulation. However, in most industries and societies where there is more regulation, there is typically lower growth, lower employment, and less innovation.

Self-regulation is a better idea and it is a better choice, whether for an individual or a corporation. Any corporation can choose to limit or make investments, increase or decrease compensation, and manage risk at different levels. Companies can compete by promoting their “safety and soundness” or by their “willingness to take risks.” Investors, customers, and workers can choose which companies and their associated behaviors and philosophies appeal to them. Let the media and politicians explain, compare, criticize, and contrast the various policies, so there will be little doubt that success or failure is determined by choice and not by ignorance. Then, make sure that government doesn’t reward failure and punish success by interfering with outcomes based upon political contributions, undue influence, or the personal beliefs of the policymakers.

Putting Americans to Work
I have written in the past about the need for pension funding relief. The simple and appropriate relief that I mentioned in my letter to shareholders last year has not been enacted. It has gotten bogged down in Washington. We have closed several stores and may choose to close more in the future, in part so that we can liquidate inventory and reduce losses to invest capital in our pension plan. There is nothing about the relief we are advocating that makes it less likely that we can meet our pension obligations. Rather, the ability to spread our payments into the plan over an additional two years would have allowed us to keep some of those marginally performing stores open and retain the jobs that they require.

Compare our situation to major financial firms and the deferrals they were granted practically overnight and with great subsidy to those firms. By allowing financial firms to issue FDIC guaranteed debt, the repayment of their short-term debt was effectively extended by up to three years. Despite this support, there was a significant reduction in jobs in the financial services industry and a significant reduction in lending and risk taking as well.

At Sears Holdings, amending and extending our short term debt in 2009 required significant fees and more onerous terms than our previous facility. Providing an extension in funding our pension plan for two years costs the government nothing (in fact Congressional Budget Office scoring shows it to be a significant revenue generator), requires no subsidy, and will not reduce the benefits paid to pension recipients. Furthermore, it allows companies to invest and increase - or at least maintain - employment rather than reduce investment in order to meet accelerated pension contributions brought about by both the reduction in asset values and the reduction in interest rates that has accompanied many of the liquidity policies that have benefited the very same financial institutions.

You would think that pension relief would have been quickly forthcoming and would have been completed a year ago. We are hopeful that reason will prevail and such relief will be forthcoming shortly. This is not about skirting responsibility for our pension plan (we have contributed more than $1 billion over the past 4 years). It is not about getting a single penny of subsidy from the government, and it is not about reducing a single penny of pension benefits that associates will receive. It is about creating the ability for us and others to focus on improving operations rather than closing operations.

Sears Holdings shares the stated goal of many public officials of creating jobs. But, we don’t believe that we need large government programs to generate these jobs. Public officials often fail to recognize the obstacles they place in the way of job creation. For example, over the past year proposal after proposal has been put forward to reform health care, reform the financial system, increase taxes, and add regulations, all with the intention of making the United States a better and stronger country. Yet, as a business, trying to understand which of these proposals might become law, what their impact might be on business prospects and competition, and what additional costs they might impose creates a great deal of uncertainty. It has led our management team and board (and I am sure those managements and boards of other companies) to spend inordinate time trying to determine which investments we should make, defer, or cancel and which jobs to create, maintain, or eliminate. The removal of this uncertainty and the constant drumbeat of new threats against various businesses would go a long way to allowing American entrepreneurial energy to be unleashed.

Our budget deficit has left many searching for ways to raise revenues through new taxes, rather than reducing spending and generating new revenues through growth and through the removal of the impediments to growth from existing regulations and threats of new regulations. Here are a few ideas, none original, that can contribute to reducing unemployment over the near term without additional government spending: reduce U.S. corporate tax rates (amongst the highest in the world), extend individual tax programs that are scheduled to expire or that are subject to debate (freeing up individual time and attention devoted to tax planning and strategies), deal with entitlements and don’t create additional ones (we can’t afford the ones we currently have), and stop providing selective benefits to individual companies or industries (it creates an uneven playing field).

Capital can quickly reorganize and provide financing for businesses and projects that create value for our society, without the heavy hand of government planning and policy. I disagree with most people calling for a gigantic overhaul of our financial system led by new and “improved” regulations. Instead, begin the process of allowing more competition in financial services and begin the removal of implicit and explicit government guarantees that provide the perception that some are “too big to fail.” While there are those that claim that their institutions are not too big to fail, they surely recognize the significant competitive advantages that come from this perception. Of course they will accept regulations as long as these regulations do not permit additional competition from entities and institutions that do not take insured deposits, do not have access to Federal Reserve funding, and do not have government guarantees associated with their debt offerings. Regulatory capture comes when there is little competition allowed outside regulated entities and a “freezing” of competitors and innovation in an industry.

We need innovation in our society, including financial innovation. Large institutions believe that they can innovate, create value, and create growth. But history has shown that regulations that provide a sense of certainty and stability by limiting risk, also lead to lower innovation, lower growth, and fewer jobs. Innovation is a messy process. Some efforts succeed, others fail. Those who desire to compete based upon limiting competition usually protest and criticize innovation (regardless of industry) and the companies and leaders leading that innovation. The intervention of regulators and politicians to slow down or prohibit new ideas and innovation, however well-intended it may be, inhibits growth, value, - Chicago Business
and job creation.

Sears.com and the E-Commerce Competitive Environment
Sears has a long legacy in serving customers beyond physical stores. In many respects, The Sears Catalog was the 20th century model for selling products through the mail. To be successful, Sears had to earn the trust of its customers who purchased products sight unseen and who had to feel confident that they would receive what they purchased and, if they were not satisfied, they would be able to get their money back. “Satisfaction Guaranteed or Your Money Back.”

The merger of Sears and Kmart in 2005 expanded the reach of each company, both in terms of physical stores and in terms of categories and customers served. With this increased reach comes the ability to serve more customers, more frequently -- in our stores and in their homes and businesses. In order to do so effectively, we have invested significantly in building our technology and customer experience capabilities, with the goal of making it easy for customers to do business with Sears Holdings anywhere, anytime, and in many ways.

We united our initiatives under the banner ShopYourWay and launched ShopYourWay Rewards in 2009 to further emphasize the value and capabilities we bring to our customers. We have been working intently to make it easy for customers to engage with us online through the numerous websites that we operate including sears.com, kmart.com, LandsEnd.com, Craftsman.com, MySears.com, mygofer.com, ServiceLive.com, and ManageMyLife.com. It should be easy for a customer to access any of the myriad products, services, and information we make available online, regardless of which website they choose to begin their particular shopping mission.

The two leaders in online commerce are Amazon.com and eBay. Despite operating no physical stores of their own, these two companies have built tremendous businesses over the last decade serving millions of customers every day in a broad number of categories. They have taken significant market share from traditional retailers by providing convenience, service, and competitive prices. One has to give each of these companies tremendous credit for their foresight, persistence, and execution through the collapse of the internet bubble, early skepticism, and competition against larger and more established retailers.

There remains, however, one advantage that the major online retailers retain that is both unfair and problematic, for competition and for communities and jobs as well. For customers in many states, Amazon and other online retailers are not required to collect sales taxes on purchases made by their customers. Since the 1992 Quill Supreme Court decision, businesses without a local “nexus” have sold goods through the mail or online without being required to charge and collect the related sales or use tax. Amazon, in particular, has argued that when it doesn’t have a physical presence in a state or local jurisdiction, it is not benefiting from police, fire protection, and other local services and therefore shouldn’t be forced to pay for them. Analyses by others suggest that the real issue is competitive advantage, more than other explanations put forward in the past.1

The real story here is that it is not the payment of taxes or the charging of taxes that is at issue. It is the collection of taxes on behalf of local governments from purchasers of goods and services from stores in a locality or for use in such locality. It is the latter fact that is often ignored. A person who buys products from Amazon.com is required by law to pay sales or use tax to their local jurisdiction. In practice, almost nobody does so. The cost and unpopularity of enforcing such laws has allowed customers to avoid paying sales or use taxes, even though they are required in many states and localities. If you buy a work of art or piece of jewelry in NYC, for example, and have it shipped to New Jersey or California, the seller does not collect sales tax on that purchase but the buyer would be required to pay sales or use tax on the purchase where they receive the merchandise and use the merchandise. So, a piece of jewelry shipped to California would require the buyer to pay California sales or use tax.

Amazon’s domestic business has grown to $12.8 billion in revenues for the year just ended. If you were to apply a 6% sales tax to this revenue (reflecting a rough average of sales taxes across multiple jurisdictions), that would amount to almost $800 million in sales and use taxes owed to state and local governments that is likely not being paid. The good news is that it is $800 million that remains in the hands of the purchasers of products from Amazon, but at the cost of jobs and new fees and taxes required to make up for lost revenue. Having delayed a level playing field for as long as they have already, Amazon has been able to build relationships with many customers that give it an advantage, even playing under the same rules as those it competes against.

I would propose that there be a leveling of the playing field for e-commerce merchants. Either we all collect taxes or nobody collects taxes. If state and local governments are going to require retailers like Sears and Kmart to collect sales taxes and not retailers like Amazon.com, they should recognize that over time their sales tax base will erode significantly and that they place companies who have chosen to locate stores locally at a competitive disadvantage. This will lead to a loss of revenues, the closing of local businesses, the loss of tax revenue, and ultimately to the increase in other types of taxes to compensate for the lost jobs and revenues. Alaska, Delaware, Montana, New Hampshire, and Oregon are states that currently charge no sales tax at all. Let me be clear, we have no issue with continuing our current practice of collecting tax on behalf of state and local governments. We just don’t believe that the current set of rules is sustainable without severe competitive and community damage over time.

****
I look forward to seeing many of you on May 4, 2010, when we hold our annual shareholder meeting in Hoffman Estates. I hope to have updates on our progress and the numerous initiatives and opportunities that we are pursuing.

As always, I want to thank all of our associates and leaders for staying focused and dedicated through difficult times and pursuing excellence in their jobs and in delivering outstanding customer experiences. I want to thank our customers for their tremendous feedback, both good and bad, that helps us to get better every day and to serve you better in the future. And, finally, I want to thank all of our shareholders for continuing to support us with your investment in the company. I know you appreciate what we are trying to do to create long-term value in a deliberate and logical fashion, while remaining cognizant of the risks and challenges that we face.

Respectfully,
Edward S. Lampert

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Sears Profit Soars on 2008 Items;
Kmart Improves Again
By Karen Talley and Nathan Becker - Dow Jones Newswires
February 23, 2010

Sears Holdings Corp.'s fiscal fourth-quarter earnings more than doubled after taking $336 million in year-earlier write-downs, as the latest results saw same-store sales strength continue for its Kmart stores.

In his annual letter to shareholders, Sears Chairman Edward Lampert said earnings without items had risen more than $200 million over 2008.

"While this may be surprising to some, it isn't to me," Mr. Lampert wrote, citing the diversity of Sears businesses and brands, which range from department stores, to auto centers, to the Web.

"I recognize that our financial results, while substantially improved from 2008, remain well below where we would like them to be," but given tough economic times are being aided by "significant improvements in our focus on customers and the transformation of our culture," Mr. Lampert said.

The comments are part of a broad ranging letter in which Mr. Lampert included opinions on such subjects as regulation, policy issues generally including job creation, and, he said, consequences of ecommerce tax practices.

"Self-regulation is a better idea and it is a better choice, whether for an individual or a corporation," Mr. Lampert wrote.

"I expect us to continue our journey in 2010 to deliver improved customer experiences, new ideas, and better financial performance," Mr. Lampert said. "It would be great to see a slight tailwind in our economy this year."

Mr. Lampert also spoke about a recent book, "Intellectuals and Society," agreeing with the author's take on "the 'vision of the anointed' and how their views shape society regardless of their merit."

Among questions Mr. Lampert raises, "Did the seizure of Fannie Mae and Freddie Mac calm or ignite fear in the financial markets and did those urging or supporting the seizure profit from it? Has raising minimum wage rates (which some retailers use as their base salary) helped or harmed the individuals that those advocating such policy intended to help?"

Americans "keep hearing more ideas to create jobs and generate growth that almost exclusively require more government spending," Mr. Lampert said. "Jobs can come from government, but those jobs get paid for by taking money from the private sector, reducing the private sector's ability to provide jobs."

Many Americans "believe that less regulation, less government interference, less arbitrary regulation when it does exist, and lower government spending will generate more growth and more jobs," Mr. Lampert said. "I agree with those views."

Of Internet commerce, Mr. Lampert wrote, "there remains, however, one advantage that the major online retailers retain that is both unfair and problematic, for competition and for communities and jobs as well. For customers in many states Amazon.com and other online retailers are not required to collect sales taxes on purchases made by their customers." Amazon could not immediately be reached for comment.

He said he proposes "a leveling of the playing field for ecommerce merchants. Either we all collect taxes or nobody collects taxes."

Sears' improved performance "is especially encouraging given the challenging economic environment, particularly related to big-ticket items," said Interim Chief Executive Bruce W. Johnson. Sears is a big marketer of appliances that can be costly for struggling consumers.

In recent weeks, Sears has turned to outsiders to help expand its business. The company recently started allowing franchises to open Sears Auto Centers, agreed to sell its popular Craftsman tool brand through Ace Hardware stores and also entered a deal with a maker of battery accessories to sell DieHard brand accessories to outside retailers. The operator of Sears stores, like many department stores in general, had seen slumping results for some time, but its Kmart stores began to post better sales results recently.

"While we may criticize Sears for its lack of investment into its stores, it deserves credit for thinking outside the box," said Credit Suisse retail analyst Gary Balter. "The question is what is the cost?"

Sears' and Kmart's sales per square foot indicate that the retailer is one of the least visited stores in retailing, with the brands like Craftsman "the few bright spots," Mr. Balter said. "It has already tried to move Craftsman and other brands to Kmart but with little success. How much pain will the core stores suffer as a customer goes to Ace instead of to Sears to buy a Craftsman tool?"

For the quarter ended Jan. 30, Sears reported a profit of $430 million, or $3.74 a share, up from $190 million, or $1.55, a year earlier. Excluding items such as the year-earlier write-downs, earnings rose to $3.69 from $2.94. The company in January had forecast earnings of $3.36 to $4.06 but clarified today that the outlook had excluded any store closings or hedge gains or losses, which amounted to 25 cents a share.

Revenue declined 0.2% to $13.25 billion. Analysts polled by Thomson Reuters had most recently forecast $12.9 billion in revenue.

Same-store sales declined 2.5% overall, dropping 6.1% at Sears while rising 1.7% at Kmart. Sears said it sees a $7 million charge for first half store closings. The retailer on Sunday began liquidation sales at 21 poor-performing stores nationwide, with the bulk being its more discount-oriented Kmarts. Much of the charge is related to severance and other employee costs. All 21 stores were leased.

Gross margin rose to 28.5% from 27.5%.

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Sears profit more than doubles, revenue slips
February 23, 2010

NEW YORK (Reuters) - Sears Holdings Corp's <SHLD.O> quarterly profit more than doubled as lower costs helped blunt the impact of slightly weaker revenue.

The operator of the Sears and Kmart store chains said net income more than doubled to $430 million, or $3.74 per share, in the fourth quarter ended on January 30 from $190 million, or $1.55 per share, a year earlier.

The company's cost of sales, buying and occupancy was 1.7 percent lower, helping to boost its gross margin rate by 1 percentage point to 28.5 percent.

Revenue slipped 0.2 percent to $13.25 billion, hurt by 62 fewer stores and a 2.5 percent decline at U.S. stores open at least a year.

Same-store sales fell 6.1 percent at domestic Sears stores and rose 1.7 percent at Kmart stores. The gain at Kmart was primarily driven by increases in toys and home goods while the decline at Sears was caused by decreases in the home appliance, lawn and garden and home electronics categories.

Sears' Craftsman tools and Kenmore appliances make it somewhat more dependent on the housing market than other more general retailers.

In the past, analysts have expressed concern that Sears, run by hedge fund manager Edward Lampert, relies too much on cost cuts to improve profitability rather than investments to drive sales.

Yet in recent weeks, Sears announced three efforts to extend its reach, with plans to franchise its Sears Auto Centers, sell its Craftsman tools at Ace Hardware stores, and to license its DieHard power accessories to be sold at other retailers.

In a research note Credit Suisse analyst Gary Balter applauded the deals as evidence of Sears "thinking outside the box" but cautioned that Sears stores could suffer as a result, since customers will be able to go to other stores to buy some its most valued brands.

(Reporting by Martinne Geller; Editing by Lisa Von Ahn and Derek Caney)

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Sears Closing 8 Namesake Stores,
13 Kmarts Across US

By Karen Talley - Dow Jones Newswires - New York
February 22, 2010

Sears Holdings Corp. (SHLD) is shuttering 21 poor-performing stores nationwide, with the bulk being its more discount-oriented Kmarts.

Sears, which expects to post fourth-quarter results on Tuesday, will shut eight Sears stores and the rest Kmarts in strip centers - with over 1,000 workers losing their positions. Each of the stores employs 50 to 60 workers, said Sears spokeswoman Kimberly Freely. The workers will be able to apply for open positions at nearby locations, she said.

Sales to liquidate merchandise began Sunday, with the closings expected to be complete by May 9. Freely declined to provide what kind of initial charges or longer term savings Sears expects from the moves. All of the stores are leased and are being closed because they are performing poorly, she said.

Sears on Tuesday is expected to post fiscal fourth-quarter earnings of $3.54 a share on $12.9 billion in sales, according to analysts polled by Thomson Reuters. The same period a year ago, Sears posted earnings of $2.94 per share on $13.3 billion in sales.

Kmarts slated for closing include stores in high-population areas like Cleveland, Jacksonville, Fla., and Dayton, Ohio. Half the Sears stores being shut are in malls and the others are free standing, and include locations Houston, Texas, Plainfield, N.J., and Wilson, N.C. Sears Holdings operates roughly 3,900 stores in the U.S.

J.C. Penney Co. (JCP), which opened 16 of its 17 stores at off-mall locations last year, could be a candidate for the freestanding Sears sites. A J.C. Penney spokesperson declined to discuss the prospect, saying the retailer is mainly focused this year on improving its existing stores.

All told, Sears announced 56 closing in the last year, including the 21 this month. Freely declined to say how many Sears or Kmart stores were opened over the same period. The average size Sears is 133,000-sqare-feet. The average Kmart is 92,000-square-feet.

While Sears has been paring back physical locations, it has taken to the Web ambitiously to sell goods. The retailer has also, in the last two weeks, turned to outsiders to help grow business. The retailer is allowing franchises to open Sears Auto Centers, agreed to sell its popular Craftsman tool brand through Ace Hardware stores and also allowing the maker if its DieHard auto batteries to sell DieHard accessories like jump starter cables to outside retailers.

"The investment question is not will Sears make money from the third party extension; they likely will," said Credit Suisse analyst Gary Balter. "The question is at what costs to the core? Sears and Kmart's sales per square foot points to it being one of the least visited stores in retailing, with these brands the few bright spots."

 

 

Sears Pitching Kenmore To Competitors
By Alan Wolf -- TWICE,
February 22, 2010

Hoffman Estates, Ill. - Sears is looking to sell its Kenmore appliances through other retailers.

According to a report in the Chicago Tribune, the chain has already approached local majap competitor Abt Electronics about carrying its venerable private-label appliance line.

Abt passed on the opportunity, the newspaper reported.

The effort is part of a larger strategy, announced two years ago, to sell Sears' proprietary brands through other retail outlets. At the time, chairman Eddie Lampert said the plan would increase market share and "create value," and brought in former Proctor & Gamble executive Guenther Trieb to spearhead the effort as president of brands.

The strategy gained momentum this month after Ace Hardware agreed to begin carrying Craftsman tools in May, and Sears licensed out its Diehard brand for an open line of power accessories.

"Our mission is to develop a brand-building factory that grows the business, the brand equity and shareholder value of Craftsman, Kenmore and DieHard," Trieb reportedly wrote in an internal Sears publication obtained by the Chicago Tribune.

To help promote Kenmore, the company plans to showcase the line in a temporary storefront called the "Kenmore Live Experience Studio" next month in Chicago, the newspaper reported.

Credit Suisse retail analyst Gary Balter gave the company kudos for literally "thinking outside the box," but said that selling its house brands in competitors' stores could further weaken traffic for Sears and Kmart.

"The investment question is not will Sears make money from the third-party extension. They likely will," Balter wrote in a research note. "The question is at what costs to the core? Sears' and Kmart's sales-per-square-foot points to it being one of the least visited stores in retailing, with these brands the few bright spots. It has already tried to move Craftsman and other brands to Kmart but with little success. How much pain will the core stores suffer as a customer goes to Ace instead of to Sears to buy a Craftsman tool? Time will tell."

On the other hand, he argued, "Expanding distribution ... to other retailers could boost sales of those products, help Sears gain greater scale with its suppliers, boost brand recognition and grow the base of loyal customers for those brands, and in doing that, perhaps even drive some consumers back into Sears or Kmart stores over time to shop the full line of products its own stores will continue to offer."

Sears will report its fourth-quarter and full-year earnings for 2009 on Tuesday.

 

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Sears' Eddie Lampert moves closer to long-awaited cash-out
By: Monée Fields-White - Chicago Business
February 22, 2010

Edward Lampert is finally giving investors a taste of what they expected when he bought Sears Holdings Corp.

Investors flocked to Sears after Mr. Lampert's $11-billion takeover, largely in the belief that he would extract cash from the company's most valuable assets: vast real estate holdings and popular consumer brands.

Five years later, Mr. Lampert is making moves that appear to be aimed at exactly that. In recent weeks, Sears announced a licensing deal to allow sales of some DieHard-brand products at non-Sears stores. Last week, the Hoffman Estates-based retail chain said it would franchise its Sears Auto Centers to car dealerships.

Mr. Lampert also has been investing heavily in online merchandising — including an initiative to let other merchants sell through Sears' Web site — and he has created a new warehouse concept, MyGofer, where consumers can pick up items they bought online or from a catalog.

All of those moves could hurt store sales. But they also could help generate higher and higher-profit sales from Sears brands and reduce the company's reliance on stores. That could lead to store closings and real estate sales.

"It is definitely a beginning of attempting to monetize assets of the company," says Neil Stern, a partner at Chicago retail consultancy McMillan Doolittle LLP. Mr. Lampert "has been limited with the recession in terms of how much he can actually do. As we emerge, it's reasonable to expect more deals."

Investors seem to agree. Since the DieHard licensing deal's announcement on Feb. 11, Sears shares are up 6.3%. They could get another boost this week if the company's fourth-quarter earnings beat analysts' expectations, as many predict.

To be sure, Mr. Lampert, 47, a hedge fund manager who became chairman of Sears when he merged it with Kmart Corp. in March 2005, has never publicly acknowledged any grand plan to unload real estate. In fact, while he has eliminated about 90 stores since late 2008, Sears' overall store count has gone up to 3,530 under his leadership. Last week, he announced plans to close another 21 stores.

' It is definitely a beginning of attempting to monetize assets of the company.' — Neil Stern, partner, McMillan Doolittle LLP And selling stores — especially low-earning mall sites — in the current real estate market would be difficult. Mr. Stern says any meaningful divestiture is likely several years away.

The total value of Sears' real estate ranges between $10.05 billion and $23.16 billion, according to Deutsche Bank estimates.

WINNING CHANCE

Wall Street still views the stores as a burden on Sears' balance sheet. A report from New York-based Morgan Stanley analysts estimates that between Sears and Kmart, Mr. Lampert has "several hundred" stores that produce negative cash flow. The closure of up to 400 sites could boost free cash flow by as much as $200 million, they estimate. "The organization could find renewed vigor and heart by focusing on assets that have a chance at winning," the report says.

Mr. Lampert has talked openly about finding new ways to capitalize on Sears' best brands: DieHard, Craftsman, Kenmore and Land's End. With DieHard, Sears begins its first foray into selling a segment of its key brands outside the retail chain.

The licensing agreement with Mount Prospect-based Schumacher Electric Corp., a maker of car battery accessories, includes DieHard battery chargers, jump-starters and power inverters. Sears declines to specify which retail chains would carry the products.

For the first time, Sears will allow a New Jersey-based car dealership to open the first Sears Auto Center franchise. Starting in March, it will sell the same auto parts and services that are found at Sears' 850 auto centers.

This is all "great for the brands, but it does nothing for the retailer," says Steven Keith Platt, director of Hinsdale-based industry research firm Platt Retail Institute.

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Sears retools brand plan, will sell Craftsman at Ace stores
By Sandra M. Jones, reporter - ChicagoTribune
February 21, 2010

When Sears Holdings Corp. inked its first deal to license DieHard battery chargers and other accessories to a little-known Mount Prospect company this month, the response from Wall Street was underwhelming.

DieHard batteries, the big prize, wasn't a part of the deal.

Now, the company's attention is turning to Craftsman, the tool and lawn equipment line that appears to hold the best hope of making it outside of Sears and Kmart walls.

Sears signed a deal with Ace Hardware Corp. to sell Craftsman tools at 100 Ace stores starting in May, marking the first time a retailer other than Sears, and more recently its sister division Kmart, has sold the 83-year-old brand, the Chicago Tribune reported late Friday. By June, Ace plans to promote Craftsman products to its 4,500 Ace stores, independent dealers that are part of a cooperative.

Sears has been talking to midsize hardware store chains across the country for the past year about carrying Craftsman products in their stores, holding discussions with Oak Brook-based Ace, Do-It-Best Corp. of Fort Wayne, Ind., and Tractor Supply Co. of Brentwood, Tenn., to name a few, according to people familiar with the discussions.

The move follows an edict made two years ago when Edward Lampert, Sears' chairman and majority shareholder, publicly raised the possibility of selling Sears' exclusive in-house brands through rival retailers. Lampert grouped Sears' marquee brands — Kenmore appliances, Craftsman tools and DieHard car batteries — into a separate brand business unit in 2008 and hired former Procter & Gamble Europe executive Guenther Trieb to run it.

"Our mission is to develop a brand-building factory that grows the business, the brand equity and shareholder value of Craftsman, Kenmore and DieHard," Trieb said in an internal publication for Sears employees. "We believe this will be the next big thing in corporate America."

The strategy runs counter to what most retailers are doing these days. Rivals from Wal-Mart to J.C. Penney to Kohl's to Home Depot are expanding their in-house brands as a way to attract shoppers and stand out from competitors.

Just how much money Sears can make by selling products that it doesn't manufacture itself is questionable. Critics contend that selling Sears' proprietary brands through other retailers could raise cash in the short run, but over time give shoppers fewer reasons to visit its stores and exacerbate the retailer's decline.

Morgan Stanley Research called the value of Sears' brands "highly theoretical" in a report in November.

"As (Sears Holdings) does not own any production assets and its brands are sold only in Sears and Kmart, one could argue that the value on names like Craftsman, Kenmore, DieHard or Lands' End is limited," wrote Morgan Stanley analyst Gregory Melich.

Sears has approached several retailers to gauge interest in their brands without much luck. The company talked to Abt Electronics about Kenmore appliances and also looked at selling Craftsman to Wal-Mart and Costco Wholesale Corp., according to people familiar with the process.

Officials at Wal-Mart, Abt and Do-It-Best declined to comment. Costco and Tractor Supply officials didn't return calls seeking comment.

As for Ace, carrying Craftsman gives it an advantage against the big home-improvement chains, such as Home Depot and Lowe's, which have been hurting its business. Ace has been making a concerted effort lately to bring in more outside labels.

Sears plans to showcase Kenmore, which is its biggest brand, at an estimated $4.9 billion in annual revenue, at a pop-up shop in Chicago in March. The temporary location called the Kenmore Live Experience Studio will have a social media component, Sears spokesman Tom Aiello said.

Sears declined a request to make an executive available to talk about the brand strategy.

Already, Sears has found it challenging to convince auto-parts stores to carry DieHard batteries, according to people familiar with the talks. Johnson Controls, a major supplier of DieHard batteries, also makes in-house brands for the major auto-parts stores. The prospect of DieHard batteries sharing shelf space with Johnson Control's other private-label products has been an obstacle, according to people familiar with the talks.

Allen Martin, Johnson Controls' vice president and general manager for the Americas, declined to comment beyond saying, "Sears is a longstanding customer (and) we're committed to supplying the highest quality batteries and services to support the success of all our customers."

Earlier this week, Sears said it will allow franchisees to open Sears Auto Centers, signaling another move to profit off its brands by opening them to outsiders. The first franchise is slated to open in March.

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Daniel J. Danhauer

Note:
Both obituaries are correct -- two funeral homes, two services, two different days.

Daniel J. Danhauer, 84, of LaGrange, formerly a 30 year resident of Addison, Daniel is preceeded in death by his wife Lucille; he is survived by his wife Jeanne; loving father of Susie Clark, Kathleen (Stephen) Jacobs, Deborah (Dan) Supis, Daniel A. (Nancy) Danhauer and Sandy (John) Fuelts; Cherished grandfather of Jamie, Mike, Brian (Nicole), Ann, Kevin, William, Ashley and Tommy; treasured great-grandfather of Ella and Avery; also survived by many nieces nephews and friends.

Funeral Service Friday 9 a.m. from Humes Funeral Home, 320 W. Lake St. Addison (2 Mi E. of Rt. 53, 2 Mi W. of Rt. 83) to St. Philip the Apostle for Mass at 9:30 a.m. Interment Queen of Heaven. Visitation 3 to 9 p.m. Thursday.

Daniel worked for Sears-Roebuck and Co. as a National Merchandise Manager for 35 years and was a member of the Board of Directors at Hitatchi/Nissay-Sanyo for 15 years. For info., www.humesfh.com or 630-628-8808.

Daniel J. Danhauer

Daniel J. Danhauer, of LaGrange, beloved husband of Jeanne and the late Lucille; loving father of Susie Clark, Kathleen (Stephen) Jacobs, Debbie (Dan) Supis, Daniel A. (Nancy) Danhauer, Sandy (John) Fuelts, James (Ellen) Newton, Susan (late Paul) Kreke, Greg (Kathy) Newton, Marilyn (Mike) Rooney, and Lucy (Billy) March; devoted grandfather of Jamie and Mike Clark, Brian (Nicole), Kevin and Ann Jacobs, Bill Supis, Ashley and Tommy Fuelts, Jeff (Heather) , Patrick, Timothy, and Emily Newton, Matthew, (Melissa), Evan, Kim Kreke, Chrissy (Pat) Crowley, Jake Newton, David, Colleen, and Ryan Rooney, Erin and Will March, and Brandi Piper; dear great-grandfather of Ella and Avery Jacobs, Justin, Lily, and Quinn Newton, Jack and Sean Crowley; fond brother of Jerome (Pat) Danhauer and Nancy (Robert) King; dear uncle of many.

Visitation 3 to 9 p.m. Tuesday at at Hallowell & James Funeral Home, 1025 W. 55th St., Countryside. Prayers 9:15 a.m. Wednesday at the funeral home to St. Cletus Church, LaGrange, for Mass at 10 a.m. Interment will be held privately with the family. In lieu of flowers, memorials to Alzheimer's Association or Cystic Fibrosis Foundation appreciated. Funeral Home phone 708-352-6500.

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Penney Offers Upbeat View, Sending Shares Higher
Big Pension Expense Depresses Fourth-Quarter Income,
but Margins Gain as Chain Avoids Deep Holiday Discounts
By Rachel Dodes and Karen Talley - The Wall Street Journal
February 20, 2010

J.C. Penney Co. on Friday forecast a return to growth following more than two years of monthly sales declines, even as its fiscal fourth-quarter earnings fell 5.2% on a pension charge.

Myron E. Ullman III, chief executive of the Plano, Texas, department-store chain, attributed the improving outlook to several new initiatives such as the fall 2010 introduction of new lines from Liz Claiborne Inc. and the Spanish fast-fashion chain Mango and the expansion of Sephora cosmetics boutiques in its stores. The company said it expects to take market share from competitors.

"We are assuming that the consumer is still somewhat traumatized for legitimate reasons, whether it be the jobs situation or constricted credit and other things," Mr. Ullman said.

The comments came a day after Wal-Mart Stores Inc. offered a soft sales outlook.

Penney posted a profit of $200 million, or 84 cents a share, for the quarter ended Jan. 30, down from $211 million, or 95 cents a share, a year earlier. Sales fell 3.6% to $5.55 billion.

The profit included $71 million, or 18 cents a share, in pension expenses, compared with a 10 cents a share gain a year ago.

Penney's profit from sales improved in the recent fiscal year. Gross margin, or sales price less cost of goods, hit 39.4%, a historical peak, as the 108-year-old company increased private-label offerings, weaned consumers off aggressive discounting and improved the flow of new merchandise.

The retailer's gross margin rate is expected to remain at the fourth quarter's 38.2% level as year-over-year sales turn higher, said Chief Financial Officer Robert Cavanaugh.

Investors liked the results and optimistic outlook, lifting Penney shares 6.6% to $27.66 in 4 p.m. trading Friday on the New York Stock Exchange.

Penney's focus for the coming year is to boost store productivity, rather than expand aggressively. "We're doing this the old-fashioned way," Mr. Ullman said. "We're not just going out and opening more stores. We don't think there are a lot of real-estate opportunities out there that make sense."

Some analysts are still skeptical. "We think management's top-line outlook for this year will likely prove to be aggressive—especially as Kohl's Corp. looks to get more aggressive on the pricing front and Target Corp. is showing signs of improvement in their apparel offerings," said Michelle Clark, a retail analyst at Morgan Stanley.

Like other retailers, the company has been battling a sharp decline in consumer spending. Penney has seen its shoppers focus on essential purchases as home vacancies grow and joblessness remains high.

Penney said Friday it will unveil a new five-year plan in April. The company had put its long-range plan on hold during the financial crisis in favor of a "Bridge Plan," but feels it is now positioned for growth again.

Mr. Ullman said some macro-economic indicators have started to "go in the right direction" and predicted that midterm elections will generate more enthusiasm, as politicians begin "talking about ways they are going to improve the job situation, the ways that the government is going to assist in getting consumers back on their feet."

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Health Backlash in the States
The provinces revolt against loss of choice.

Review & Outlook - The Wall Street Journal
February 20, 2010

The backlash against ObamaCare is moving beyond the Tea Parties and has now arrived in state capitals. In more than 30 states, legislators are proceeding to pass statutes or ballot initiatives that would guarantee the right to choose medical services and insurance.

These laws are generally called Health-Care Freedom Acts. If enacted, they will set off a Constitutional 10th Amendment fight over whether there are limitations on the powers of the federal government to regulate health care and override the protections in these state laws.

Almost all these measures would make it illegal for the government at any level to require a citizen of the state to purchase health insurance. This would let Americans opt out of any federal "individual mandate," which makes people buy insurance or pay a tax, a la Massachusetts and both the House and Senate bills in Congress.

Second, the bills would guarantee the right of residents to pay directly for health services without incurring penalties or fines. This means citizens could go outside any government-run system to purchase private treatments from the doctor or hospital of their choice. Often, the federal Medicare program doesn't let doesn't let doctors charge extra for specialized care.

Virginia's legislature has already passed such a law and Republican Governor Bob McDonnell is about to sign it. The house in both Utah and Idaho passed a similar bill last week, and the Tennessee senate did so earlier this week by a vote of 26 to 1. Legislatures in Georgia, Kansas, Missouri, Nebraska, Oklahoma, South Dakota and Tennessee are expected to hold votes in coming weeks. Last June, Arizona's legislature authorized a November 2010 referendum vote on the Arizona Health Freedom Act. A similar ballot initiative failed by a slim margin (0.5%) in 2008 after health insurers spent millions to defeat it.

If Congress passes some version of health legislation, the federal law may pre-empt these state laws. But states do have the right to provide extra protections beyond what federal law guarantees. Many states, for example, have freedom of speech protections that go beyond federal law.

These bills aren't a "nullification" of a federal law. Clint Bolick of the Arizona-based Goldwater Institute notes: "If federal legislation is enacted, individuals would still have the option to participate in federal health insurance programs. This act simply protects a person's right not to participate."

The major constitutional issue is whether Uncle Sam has the right to supercede state laws, based on the Commerce Clause of the Constitution, and compel Americans to join a federal health system, as they must with Social Security and Medicare.

President Obama and Democrats continue to maintain their legislation is faltering because Americans don't understand the good it would do for the quality of their medical care. But the spectacle of "health-care freedom" legislation emerging in some 30 states suggests that voters and state lawmakers do understand that ObamaCare will alter the delivery of health care in ways that will limit choice and access.

Mr. Obama next week will hold his televised health-care summit, ostensibly to hear the ideas of Congressional Republicans. Maybe he should expand the format to include state legislators who are far out ahead of their Beltway colleagues.

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Sears to close 8 stores
By Monée Fields-White - Chicago Business
February 19, 2010

(Crain’s) — Sears Roebuck & Co. is shutting eight of its namesake stores.

The closings — none of which are local — are part of the Hoffman Estates-based retailer's ongoing effort to dump underperforming locations.

The news comes a day after parent Sears Holdings Corp. said it would cut 13 Kmart Corp. stores, including locations in Woodstock and Crestwood.

Sears currently has 3,530 stores nationwide, including Kmart locations. With these cuts, Sears will have closed 98 stores since late 2008.

The company will shut down department stores in Georgia, Tennessee, North Carolina and Texas. It will also shutter four Sears Essentials locations in New Jersey, Wisconsin and New Hampshire.

The stores are expected to close by May 9, except for the New Hampshire location, which is slated to shut down on April 4. Sears Holdings is due to announce its fourth-quarter earnings results on Tuesday.

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Sears Agrees to Sell Craftsman Tool Brand at Ace Hardware
By Mary Ellen Lloyd - Dow Jones Newswires
February 19, 2010

Sears Holdings Corp. (SHLD) has agreed to sell its popular Craftsman tool brand through Ace Hardware stores, as the company turns again to outsiders to help grow its sales.

Sears and Ace Hardware Corp., the largest retailer-owned cooperative in the hardware industry by sales, said Friday they willl start the partnership with 100 Ace stores selling about 10% of the total Craftsman line in May. The move confirms months of speculation that Sears might turn to an outside hardware or home-improvement chain to help sell the popular line of hand tools, portable power tools and tool storage as sales at Sears namesake department stores have continued to struggle.

Guenther Trieb, president of Sears Brands Management Corp., said in an interview that Sears will decide later whether to roll out the store-within-a-store Craftsman offering to all 4,500 Ace stores. But all stores in June will be allowed to sell a smaller grouping of Craftsman tools for a Father;s Day promotion.

"We believe it is a great strategic complement to our current format," Trieb said. "It is a strategic move to drive the overall value of the brand."

Ace currently sells tools made by Stanley Works (SWK) and by Black & Decker Corp. (BDK), two companies that are in the process of merging.

Sears roughly 900 department stores will remain the "headquarters" for sales of Craftsman, which has some 6,000 stock-keeping units, Trieb said. And the Ace stores will also complement Craftsman's presence in about 80 Orchard Supply Hardware stores and 110 Sears Hardware Stores in off-mall locations, he said.

Sears declined to discuss Craftsman's recent business trends but said the line remains the market leader "by far," Trieb said.

With its lifetime guarantee, Craftsman tools have long been popular in the U.S.

Popular Mechanics magazine readers last year named Craftsman as their favorite hand-tool brand, and market-research firm Harris Interactive's 2009 brand-equity ranking listed Craftsman as tops for tools.

Earlier this week, Sears said it will allow franchisees to open Sears Auto Centers. And on Feb. 11, the company's brand-management business announced a trademark licensing deal with a manufacturer to sell DieHard battery chargers, jump starters and other accessories to outside retailers.

Sears has said it won;t rule anything out with respect to expanding sales of other well known brands, including Kenmore appliances.

"We are doing these move because we see great strategic opportunity, and we currently don't have any specific plans for Kenmore," Trieb said Friday.

Shares of Sears Holding traded down 0.1% at $94.99 in late trading Friday. Shares of Stanley Works closed down 0.8% at $55.92, while Black & Decker ended regular trading down 1% at $70.62.

Analysts have said Sears, which reports fourth-quarter results Tuesday, must do something to revitalize sales. Sales trends in the department stores weakened through the first two months of the Jan. 30-ended fourth quarter, according to a Sears update Jan. 7. Comparable-store sales were running at a 6% decrease, on top of a 10.7% decline a year ago and compared with a 4.6% drop in the third quarter.

Sears said tools and automotive sales had been stronger, but large-ticket hardline categories offset the increases.
For its part, Ace seems like it could use a boost to its tools business. The cooperative earlier this week said domestic merchandise sales were most hurt by declines in the tools and electrical categories.

The cooperative reported net income of $95.7 million for the Jan. 2-ended fiscal year, an 11.5% increase. Full-year revenue fell 10.4% to $3.5 billion.

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Ace Hardware signs on to sell Craftsman
By Sandra M. Jones - Chicago Tribune.com
February 19, 2010

Sears Holdings Corp. agreed to sell Craftsman tools at Ace Hardware stores starting in May.

About 100 Ace stores will sell Craftsman tools including hand tools and portable power tools. By June, Ace will promote Craftsman products to its 4,500 Ace stores.

Sears has been talking to mid-size hardware store chains across the country for the past year about carrying Craftsman products in their stores, holding discussions with Oak Brook-based Ace Hardware Corp., Do-It-Best Corp. of Fort Wayne, Ind. and Tractor Supply Co. of Brentwood, Tenn., to name a few, according to people familiar with the discussions.

The move follows an edict made two years ago when Edward Lampert, Sears' Chairman and majority shareholder, raised the possibilty publicly of selling Sears' exclusive in-house brands through rival retailers.

Lampert grouped Sears' marquee brands;Kenmore appliances, Craftsman tools and DieHard car batteries&#8212;into a separate brand business unit in 2008 and hired former Procter & Gamble Europe executive Guenther Trieb to run it.

"Our mission is to develop a brand building factory that grows the business, the brand equity and shareholder value of Craftsman, Kenmore and DieHard," said Trieb in an interview published and distributed to Sears employees. "We believe this will be the next big thing in corporate America."

The strategy runs counter to what most retailers are doing these days. Rivals from Walmart to J.C. Penney to Kohl's to Home Depot are expanding their in-house brands as a way to attract shoppers and stand out from their competitors.

Critics contend that selling Sears' proprietary brands through other retailers could raise cash in the short run, but over time give shoppers fewer reasons to visit its stores and exacerbate the retailer's decline.

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J.C. Penney Offers Improved Outlook
By Rachel Dodes and Karen Talley
Dow Jones Newswires
February 19, 2010

J.C. Penney Co. on Friday forecast a return to growth following more than two years of monthly sales declines, even as its fiscal fourth-quarter earnings fell 5.2% on a pension charge.

Myron E. Ullman III, chief executive of the Plano, Texas, department-store chain, attributed the improving outlook to several new initiatives such as the fall 2010 introduction of new lines from Liz Claiborne Inc. and the Spanish fast-fashion chain Mango and the expansion of Sephora cosmetics boutiques in its stores. The company said it expects to take market share from competitors.

"We are assuming that the consumer is still somewhat traumatized for legitimate reasons, whether it be the jobs situation or constricted credit and other things," Mr. Ullman said.

The comments came a day after Wal-Mart Stores Inc. offered a soft sales outlook.

Penney posted a profit of $200 million, or 84 cents a share, for the quarter ended Jan. 30, down from $211 million, or 95 cents a share, a year earlier. Sales fell 3.6% to $5.55 billion.

The profit included $71 million, or 18 cents a share, in pension expenses, compared with a 10 cents a share gain a year ago. Penney's profit from sales improved in the last fiscal year. Gross margin, or sales price less cost of goods, hit 39.4%, a historical peak, as the 108-year-old company increased private-label offerings, weaned consumers off aggressive discounting and improved the flow of new merchandise.

The retailer's gross margin rate is expected to remain at the fourth quarter's 38.2% level as year-over-year sales turn higher, said Chief Financial Officer Robert Cavanaugh.

Investors liked the results and optimistic outlook, lifting Penney shares 6.6% to $27.66 in 4 p.m. trading Friday on the New York Stock Exchange.

Penney's focus for the coming year is to boost store productivity, rather than expand aggressively. "We're doing this the old-fashioned way," Mr. Ullman said. "We're not just going out and opening more stores. We don't think there are a lot of real-estate opportunities out there that make sense."

Some analysts are still skeptical. "We think management's top-line outlook for this year will likely prove to be aggressive—especially as Kohl's Corp. looks to get more aggressive on the pricing front and Target Corp. is showing signs of improvement in their apparel offerings," said Michelle Clark, a retail analyst at Morgan Stanley.

Like other retailers, the company has been battling a sharp decline in consumer spending. Penney has seen its shoppers focus on essential purchases as home vacancies grow and joblessness remains high. Last year, Penney embarked on a push into urban areas by launching its first store in Manhattan, hoping an edgier mix of merchandise would boost its credibility among urban consumers.

Penney said Friday it will unveil a new five-year plan in April. The company had put its long-range plan on hold during the financial crisis in favor of a "Bridge Plan," but feels it is now positioned for growth again.

Mr. Ullman said some macro-economic indicators have started to "go in the right direction" and predicted that midterm elections will generate more enthusiasm, as politicians begin "talking about ways they are going to improve the job situation, the ways that the government is going to assist in getting consumers back on their feet."

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The Oscar for Best Retiree Goes to...
Our picks for the 10 best retirement films of all time
Lifestyles - Dow Jones Newswires
February 19, 2010

Retirement, at first blush, isn't the stuff that Hollywood blockbusters are made of. But with the Academy Awards scheduled for March 7, and given our focus at Encore, we began thinking about films in which retirees, or the idea of retirement, play a central role. As it happens, retirement isn't a bad way to pick up an Oscar. Or at least a nomination.

Starting with recommendations from experts (read: my brother Stephen), a thorough search of databases (imdb.com is a favorite) and some help from The Wall Street Journal's film critic, Joe Morgenstern, we've assembled a list of the 10 best retirement films of all time. Even found a blockbuster or two. Imagine that. —Glenn Ruffenach

About Schmidt (2002) Jack Nicholson is Warren Schmidt, a newly retired insurance actuary and, soon after the film begins, widower. With no spouse, no job and no purpose, he climbs into a 35-foot Winnebago (which he and his wife had planned to use in retirement) and begins a poignant search for a life. A remarkably understated performance by the usually redoubtable Mr. Nicholson. Both he and Kathy Bates, with whom he memorably shares a hot tub in the film, were nominated for Oscars.

At first blush, retirement films aren't the stuff that Hollywood blockbusters are made of. But as it happens, focusing on retirement isn't a bad way to pick up an Oscar. Or at least a nomination.

Cocoon (1985) Retirement meets science fiction. Director Ron Howard brings together a group of listless retirees—led by Don Ameche, Wilford Brimley and Hume Cronyn—and a group of hearty aliens (the Antareans) and creates a tender (and, at times, very funny) look at later life in America. Mr. Ameche has a wonderful scene as a newly energized dancer and, at age 77, won the Oscar for best supporting actor.

Going in Style (1979) Retirement is tough for George Burns, Art Carney and Lee Strasberg. The three men live together in an apartment in Queens, N.Y., subsisting primarily on Social Security checks. Days are spent on a bench in a nearby park, feeding the pigeons. To relieve the tedium and earn a few extra dollars, Mr. Burns's character suggests—what else?—robbing a bank. Which they proceed to do, with surprising results. Although billed primarily as a comedy, this is a remarkably frank and sometimes heartbreaking portrait of later life.

Harry and Tonto (1974) A retired teacher in New York, played by Art Carney, is forced to move when his apartment building is torn down to make way for a parking garage. After a brief and unsatisfying stay with his son, Mr. Carney's character and his best friend, a cat named Tonto, take to the road. Their journey is a series of small but splendid discoveries. Mr. Carney, at the time known primarily for his television and stage work, scored one of the biggest upsets in Oscar history, taking the best-actor award over fellow nominees Albert Finney, Dustin Hoffman, Jack Nicholson and Al Pacino.

High Noon (1952) Gary Cooper is trying to retire in this classic western. But the bad guys, and his conscience, won't let him. Mr. Cooper is Will Kane, a small-town marshal whose new wife is played by Grace Kelly. It's his last day on the job, but when he learns that a man he sent to prison years earlier is returning on the noon train to seek revenge, he stays and fights. Mr.

Cooper got the Oscar for best actor, but the film itself lost the best-picture contest (inexplicably) to Cecil B. DeMille's "The Greatest Show on Earth."

The Lion in Winter (1968) Can a king retire? It's Christmas in the year 1183, and Peter O'Toole, as an aging Henry II, hopes to choose a successor from among his three sons. But the boys and their calculating mother, played by Katharine Hepburn, have their own ideas about who should inherit the throne. Brilliant dialogue and inspired performances (including Anthony Hopkins's first screen role). Oscars for Ms. Hepburn as best actress (in a tie with Barbra Streisand for "Funny Girl") and best adapted screenplay.

Lost in America (1985) A very funny look at early retirement gone wrong. When he is denied his dream job, advertising executive David Howard (Albert Brooks) and his wife, Linda (Julie Hagerty), ditch their careers in California, cash out their savings accounts, and plan to spend the rest of their days crisscrossing the country in a motor home. Unhappily, Linda, after just 24 hours on the road, loses virtually all their money in a Las Vegas casino. (David: "Why didn't you tell me when we got married that you were this horrible gambling addict?" Linda: "I've only gambled twice in my life. This was the second time.") David's subsequent conversation with the casino manager—an effort to get the couple's money back—alone is worth the price of admission.

On Golden Pond (1981) Henry Fonda, in his last picture, is a retired college professor approaching his 80th birthday. He's grappling with his mortality—and with his estranged daughter, played by Jane Fonda. Much was made, at the time, of the on-screen pairing of the real-life father and daughter. But the film belongs to the older Fonda and Katharine Hepburn, who plays his devoted, indomitable wife. Received three Oscars: best actor, best actress (Ms. Hepburn's fourth) and best adapted screenplay.

The Straight Story (1999) Actor Richard Farnsworth earned a best-actor nomination for his role as Alvin Straight, a 73-year-old retiree in the small town of Laurens, Iowa. Straight lives with his daughter ( Sissy Spacek), and neither is able to drive. This becomes a problem when Straight learns that his brother, who lives 300 miles away in Wisconsin, has been felled by a stroke. Wanting to see the brother before he dies (and unable to afford a bus ticket), Straight boards a riding lawn mower and (at five miles per hour) sets out for Wisconsin. As with "Harry and Tonto," the odyssey makes the picture. Based on a real story.

Unforgiven (1992) Clint Eastwood is William Munny, a retired gunman turned hog farmer. "I'm just a fella now," he tells his former partner, played by Morgan Freeman. "I ain't no different than anyone else no more." But when a young cowboy offers Munny a chance to avenge a cruel attack on a prostitute (and to split a $1,000 reward), he mounts up, metes out frontier justice (giving special attention to a corrupt sheriff played by Gene Hackman) and becomes, if for just a few moments, the man he once was. Almost flawless. Oscars for best director (Mr. Eastwood), best supporting actor (Mr. Hackman) and best picture.

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Wal-Mart Foresees Soft Sales Ahead
By Miguel Bustillo and Karen Talley - Wall Street Journal
February 19, 2010

Wal-Mart Stores Inc., which benefited from better sales during the start of the economic slump as consumers turned to discount merchandise, said its U.S. sales fell during the holidays even as other retailers saw signs of slow recovery.

The decline in U.S. sales during the fourth quarter at the world's largest retailer—which collects roughly $1 out of every $10 spent at stores in America—was accompanied by a company warning that soft sales would persist through April.

"The economy remains challenging for many of our customers around the world," Chief Executive Mike Duke said, adding, "We expect first-quarter sales in the U.S. will be difficult."

With unemployment high and many Americans still digging out from the housing collapse, many economists believe consumer spending is unlikely to soon return as the big driving force it was through much of the past decade.

Still, consumer spending grew at an inflation-adjusted rate of 2% in the fourth quarter, and economists expect it will increase at that pace or better in the current period. Consumer confidence, while still below pre-recession levels, is substantially stronger than a year ago, and an increase in savings has offered households more wiggle room.

"Consumers may be becoming a bit less cost-conscious again," said MF Global economist James O'Sullivan.

Historically, that trend has not benefited discounters such as Wal-Mart. The 1.6% decline in same-store sales at its U.S. Wal-Mart department stores and Sam's Club warehouses came at a time when many retail rivals are beginning to report that shoppers are gradually gravitating back to higher-priced merchandise after hunkering down during the recession.

"The benefit they saw last year from the 'trade-down' effect seems like it's dissipating," said Alan Lancz, president of Alan B. Lancz & Associates, an investment advisory firm.

Chief Financial Officer Tom Schoewe said in a conference call with reporters that Wal-Mart was continuing to retain the new customers it had gained during the recession. The retailer has said during the past year that more affluent consumers were increasingly among its shoppers.

But he acknowledged that increased competition from other retailers, which had adjusted inventories and introduced lower-cost goods by late 2009, weighed on Wal-Mart's results.

"We are a little bit of a victim of our success from last year," Mr. Schoewe said, noting that Wal-Mart faced difficult comparisons to its strong quarter a year earlier, when its U.S. sales at Wal-Mart department stores rose 6% even as they sharply declined nearly everywhere else. "It has certainly got more difficult in the fourth quarter," he added.

Wal-Mart still managed to notch a 22% profit increase for the three months ended Jan. 31, thanks to improved expense controls and international sales gains. For the full year, it posted a record $405 billion in annual revenues.

Following a stronger than anticipated holiday showing, top retail chains reported that sales in stores open at least a year rose 3.3% in January compared to the prior year according to a retail index compiled by Thomson Reuters. The index does not include Wal-Mart, which stopped reporting monthly sales last year.

Among the stronger performers were department stores Macy's Inc., which saw same-store sales grow 3.4%, and Nordstrom Inc., where sales jumped 14%. Wal-Mart rival Target Corp. also eked out a 0.5% increase, continuing a slow revival after months of weaker sales.

Restaurant companies including Darden Restaurants Inc., the parent of the Olive Garden and Red Lobster chains and a bellwether for casual dining, also have recently reported better sales after a lengthy period of declines.

Wal-Mart executives said the U.S. sales declines, were due primarily to falling prices in food and electronics, two critical categories for the discount retailer. The drop was below the company's forecast of flat comparable-store sales, plus or minus one percent.

Other retailers, such as Best Buy Co., however, have reported that they were overcoming deflation on items such as flat-panel televisions with higher sales volumes, and Wal-Mart had managed to do so as well until recently.

Yet despite Wal-Mart's recent weakening, the discount giant still apparently managed to wrest a larger share of U.S. spending overall. Craig R. Johnson, president of Customer Growth Partners, a retail consultancy, noted that Wal-Mart's U.S. revenues for 2009 represented 10.5% of U.S. retail spending based to overall figures released by the Commerce Department for retail sales minus autos, restaurants and fuel.

"Individual retailers are arguably gaining share on Wal-Mart, including Kohl's [Corp.] and maybe Best Buy," Mr. Johnson said, "But it's not like consumers are suddenly opting to pay full price again. Wal-Mart still has tremendous appeal in this economy, and that's not likely to change."

Wal-Mart posted a quarterly profit of $4.63 billion, or $1.21 a share, up from $3.79 billion, or 96 cents a share, a year earlier. Excluding a tax benefit in the latest quarter and other charges, including the costs of closing 10 Sam's Club locations, earnings per share were $1.17.

For the current quarter, the Bentonville, Ark., company projected earnings per share of 81 cents to 85 cents, and another round of flat U.S. comparable-store sales, plus or minus one percent. Wal-Mart said it expected stronger performance during the second half of the fiscal year and forecast annual earnings of $3.90 to $4 a share.

Wal-Mart's stock declined 1%, or 59 cents, at $53.47 in 4 p.m. trading on the New York Stock Exchange.

—Justin Lahart contributed to this article.

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Sears Begins Franchising of Its Auto Centers
By Mary Ellen Lloyd - Dow Jones Newswires
February 18, 2010

For the second time in a week, Sears Holdings Corp. (SHLD) said it is turning to outsiders to help expand its business as the company said Thursday that it is allowing franchisees to open Sears Auto Centers.

Sears said it is offering auto dealers that recently lost their new-car franchises a new use for their space: Sears Auto Centers offering parts and services; over-the-counter merchandise; and previously owned vehicle sales.

The franchises will have the same products and services available at about 850 company-owned Sears Auto Centers, including DieHard batteries. They will offer similar services as other auto-repair chains, such as Pep Boys-Manny Moe & Jack (PBY), Meineke Car Care Centers and Monro Muffler Brake Inc. (MNRO).

In some cases, Sears Auto Center franchises will be allowed to carry other Sears products, such as Craftsman tools, said Bill Jackson, senior vice president of Sears Holdings Corp. and president of Sears Authorized Independent Auto Centers LLC.

Sears will help line up financing for car purchases, and it hopes eventually to offer Sears-backed warranties on the vehicles, Jackson said in an interview.

Last week, Sears brand-management business announced a trademark licensing deal with a manufacturer of battery accessories to sell DieHard brand battery chargers, jump starters and other accessories to outside retailers. That agreement with Schumacher Electric Corp. didn&apos;t include DieHard batteries themselves.

While the two deals are unrelated and structured very differently, they show the company is seeking efficient ways to grow, Jackson said.

"Sears has a lot of spectacular assets, the auto business being one of them and the brands being another," Jackson said. "What we are looking for is smart ways to expand them."

Department-store sales at Sears namesake stores have continued to struggle, despite strong brand names in Craftsman, Kenmore and other products. Sears will report its fiscal fourth-quarter results on Tuesday.

The first auto center franchise, in East Windsor, N.J., is targeting an April 1 opening, and Jackson said Sears has several other new centers in the works. "We are looking right now, initially, for 20," he said. "Once we define the model and get it to work perfectly, we think it could be hundreds.

"Sears has got a great auto business today," he said, declining to offer specific financial details. "This was a great opportunity to expand our model."

Franchises must pay an initial fee of $30,000 for the franchise and $3,000 a month in brand license fees for the first year and $2,000 monthly thereafter. A service license fee of 2% of prior year revenue is charged after the first year, and franchisees contribute 3% of net revenue to a marketing fund to support national advertising and activities.

Several thousand auto dealerships in the U.S. have lost their franchises as auto makers have consolidated amid efforts to become profitable.

"There is a lot of very good talent in rejected Jeep, Chrysler, Dodge, Saturn, Pontiac and Saab dealers that already have the facilities in place, the manpower and years of experience to help Sears sell their products," said Bruce Coleman, president of the Coleman Auto Group dealership in East Windsor, N.J., and a partner in what will be the first Sears Auto Center franchise.

Coleman Auto Group will turn its former Chrysler and Jeep store into the Sears Auto Center, converting the former new-car showroom into a shop selling Sears auto accessories, rooftop carriers, battery chargers and other items.

Shares recently traded down 1.2% at $94.20. The stock has more than doubled in value in the past year.

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Sears Begins Franchising of Its Auto Centers
Dow Jones Newswires
February 18, 2010

Sears Holdings Corp. (SHLD) said it will allow franchising of its Sears Automotive businesses, offering many auto dealers that have recently lost their franchises to sell new vehicles a new use for their space.

Sears said franchisees will be able to open Sears Auto Centers that focus on parts and services, over-the-counter merchandise and previously owned vehicle sales. The franchises will have the same products and services that are now available at about 850 company-owned Sears Auto Centers.

Several thousand auto dealerships in the U.S. have lost their franchises as auto makers have consolidated amid efforts to become profitable. Coleman Auto Group of East Windsor, N.J., is the first dealership to franchise under the Sears name and will open a Sears Auto Center in March.

The move by Sears comes as department-store sales at its namesake stores have continued to struggle. But growth has been reported of late at its Kmart chain. Sears will report its fiscal fourth-quarter results on Tuesday.

Shares closed at $95.32 on Wednesday and were inactive premarket. The stock has more than doubled in value in the past year.

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Sears will franchise auto centers
By Sandra Guy - Staff Reporter - Chicago Sun-Times
February 18, 2010

For the second time in a week, Sears Holdings Corp. is making good on Chairman Edward S. Lampert’s goal of letting outside businesses buy rights to the name of Sears’ once-proprietary brands.

Sears announced this morning that it will franchise its Sears Auto Center business to auto dealers who have lost their dealerships in the Chrysler and General Motors downsizings.

The new franchised centers will offer the same products and services for cars, light trucks and motorcycles as do Sears’ company-owned auto centers, according to the Hoffman Estates-based retailer. Sears Auto Centers offer repair service and sell products such as DieHard batteries and Michelin, Goodyear, BF Goodrich and Bridgestone tires.

Some of the franchised auto centers will be located next to body-shop operations, making them convenient for customers, Sears said.

The first franchisee is Coleman Auto Group in East Windsor, N.J., which will operate a Sears Auto Center on the site of a former Chrysler dealership.

One week ago, Sears announced it had signed a licensing agreement to sell DieHard battery chargers, jump starters and power inverters to Schumacher Electric Corp.

Lampert, the hedge-fund billionaire who engineered Kmart’s $12.3 billion takeover of Sears five years ago, introduced the idea of selling Sears’ proprietary brands to outside companies three years ago.

Sears has also advertised for entrepreneurs to run its Sears Hometown dealer stores, which sell tools, electronics, lawn mowers and vacuum cleaners.

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Wal-Mart's Profit Rises 22%;
Current-Quarter Outlook Is Weak
By Karen Talley - Dow Jones Newswires
February 18, 2010

Wal-Mart Stores Inc. reported a 22% gain in fourth-quarter profit but said sales declined at U.S. stores opened more than a year. The retailing giant also offered tepid first-quarter earnings guidance. The worse-than-expected sales results were due primarily to falling prices in grocery and electronics, the company said. The soft fourth-quarter sales also may reflect that consumers aren't relying on discounters are much.

"The benefit they saw last year from the 'trade-down' effect seems like it's dissipating," said Alan Lancz, president of Alan B. Lancz & Associates, an investment advisory firm. While higher-priced competitor Target Corp. has been seeing improving same-store sales, Wal-Mart's are deteriorating sequentially, Mr. Lancz noted.

For the period ended Jan. 31, Wal-Mart posted a profit of $4.63 billion, or $1.21 a share, up from $3.79 billion, or 96 cents a share, a year earlier. Excluding a tax benefit in the latest quarter and other charges, earnings from continuing operations rose to $1.17 from $1.03. In November, the company projected $1.08 to $1.12, largely below analysts' estimates at the time, which hadn't changed since.

Net sales increased 4.5% to $113.65 billion, falling short of analysts' predictions of $114.36 billion. Sales at U.S. stores opened more than a year fell 1.6%, excluding fuel, and were down 2% at namesake outlets and up 0.7% at the Sam's Club warehouse change. The company had projected a companywide drop of as much as 1%.

For the current quarter, Wal-Mart, based in Bentonville, Ark., projects per-share earnings between 81 cents and 85 cents, while analysts on average have been forecasting 85 cents a share, according to Thomson Reuters. For the year, it said it is targeting $3.90 to $4 a share. On average, analysts have been projecting $3.97 a share.

For the current quarter, the company expects U.S. same-store sales to be flat, plus or minus a percentage point.

Wal-Mart had been faring better than most non-discount retailers because its low prices appeal to recession-weary consumers. But increasing signs of stabilization may be boosting buyers' spending, steering them away from Wal-Mart to more fuller-priced items.

Other consumer-driven sectors of the economy also are seeing signs that consumers are loosening their purse strings. Restaurant chains—such as Darden Restaurants Inc., a bellwether for casual dining—have been in recent weeks reporting better sales as the sector shakes off years of declines.

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Did Wal-Mart's Price Cuts Help Bag Sales?
By Miguel Bustillo - Wall Street Journal
February 18, 2010

Wal-Mart Stores grabbed plenty of headlines over the holidays with aggressive prices on best-selling books, movies and videogames.

Now, investors are about to find out if the hype helped the world's largest retailer snap up extra sales.

The Bentonville, Ark., company, which reports fiscal fourth-quarter results Thursday, made its reputation by passing price cuts down to consumers, making up for the smaller margins with higher sales. That, in turn, let Wal-Mart squeeze buying clout from vendors that helped the discount retailer push prices even lower.

Lately, though, Wal-Mart has met or exceeded earnings forecasts with unusually high gross margins that suggest the company has been holding onto some of the cost reductions traditionally passed along to customers.

Chief Executive Mike Duke promised last year that the "productivity loop" would make a return, assuaging critics who wondered if the company was veering from founder Sam Walton's blueprint. Wal-Mart rolled out a flurry of targeted promotions every week going into the Christmas holidays, in a bid to underscore its image of having the lowest prices on everything.

Whether the price cuts sparked sales growth during an economic slump is the big question. Wal-Mart already reaped the early benefit of consumers trading down to discount merchandise.

Wal-Mart set expectations low in November, forecasting that sales at stores open at least a year would be somewhere between up 1% and down 1% in the latest quarter. That suggests the company is challenged just to keep the customers it gained during the recession.

Still, Wal-Mart predicted earnings per share of $1.08 to $1.12, above last year's $1.03. The consensus among analysts is $1.12, according to Thomson Reuters.

Though it faces tougher overall sales comparisons from a year ago, Wal-Mart is benefiting from rising food prices and a more favorable exchange-rate environment, which is expected to be a tailwind for its international business this year.

If Wal-Mart can show it piled up sales during the holidays, and issues a rosier projection for its next fiscal year, that would help sway skeptics that the retailer has more market share to gain with its everyday low prices.

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With Big Takeover Bid, Simon Aims to Control 30% of U.S. Malls
By Michael J. de la Merced - New York Times
February 17, 2010

After months of speculation, the Simon Property Group on Tuesday finally made an unsolicited $10 billion offer for General Growth Properties, its bankrupt rival. But General Growth quickly rebuffed the approach, calling the bid too low.

The New Park Mall in Newark, Calif., owned by General Growth Properties. The Simon Property Group offered $10 billion for the company on Tuesday.

The Roosevelt Field Mall in Garden City, N.Y., owned by the Simon Property Group, which is well regarded in the industry.

If successful, Simon, already the biggest mall operator in the country, would control about 30 percent of malls in the United States, according to analysts from Bank of America Merrill Lynch.

Merging the two companies, whose portfolios are roughly the same size, would also unite two of the most well-known names in the business.

In a letter sent to Simon late Tuesday, General Growth’s chief executive, Adam Metz, said that he would welcome discussions within the confines of the bankruptcy process.

“We and our board of directors have given considerable thought to your indication of interest and have concluded based on discussions with other interested parties that it is not sufficient to pre-empt the process we are undertaking to explore all avenues to emerge from Chapter 11 and maximize value for all the Company’s stakeholders,” Mr. Metz said.

A merger would allow General Growth to finally remove itself from a 10-month, complicated Chapter 11 case.

Begun 56 years ago as a shopping center in Iowa, General Growth grew to be one of the nation’s biggest mall companies, operating prized malls like the Ala Moana Center in Honolulu, only to run aground because of debt troubles after acquiring the Rouse Company for $12.6 billion in 2004.

Simon, whose chief executive, David Simon, is the scion of the company’s founding family, is regarded by analysts as one of the best-managed mall operators in the business.

Over the last year, Simon has been building up its war chest to prepare for acquisitions to take advantage of depressed commercial real estate prices, with General Growth squarely in its sights. It said on Tuesday that its offer would be largely financed by its cash on hand and existing credit agreements.

“They’re the most logical strategic bidder in the whole world for General Growth,” said James Sullivan, a managing director at Green Street Advisors, a real estate research firm. Mr. Sullivan added that other mall operators might be interested in buying pieces of General Growth’s portfolio.

Simon’s move is meant to pre-empt General Growth’s own plan to emerge from bankruptcy, which may include financial help from another mall operator, Brookfield Asset Management, that owns some of its unsecured debt. A hearing on General Growth’s motion to extend the exclusivity period for its plan of reorganization is scheduled for Monday in federal bankruptcy court in Manhattan.

Simon is portraying its offer as speeding General Growth’s exit from Chapter 11 by paying off $7 billion in unsecured debt in full and in cash and by assuming about $21 billion in secured debt. Under the terms of its proposal, Simon would pay about $6 a share in cash. It would also distribute ownership in General Growth’s planned community development, valued at about $3 a share.

“Simon is in the unique position of being able to offer General Growth creditors and shareholders full, fair and immediate value,” Mr. Simon said in a statement. “Our offer provides much-needed certainty to conclude General Growth’s protracted reorganization process.”

General Growth’s official unsecured creditors committee said in Simon’s statement that it was encouraging talks between the two companies. In the world of mall operators, gaining size and scale gives companies greater bargaining power over their tenants, especially the national retailers whose stores serve as anchors. For Simon, which owns many outlet malls as well as some marquee names like Copley Place in Boston, the merger would also present a more formidable rival to other owners of shopping real estate, including Wal-Mart and operators of strip malls and lifestyle centers, Mr. Sullivan said.

“In the mall business, being bigger is better,” he said.

Advisers for the two companies have met several times in the last few months, according to a person briefed on the matter. Last week, Simon executives formally presented their offer to General Growth’s chief executive, lead independent director and advisers to discuss its takeover proposal. While advisers for the two companies have talked since then, Simon made the matter public after it received no formal response to its offer.

One question is how one of General Growth’s biggest stakeholders, the hedge fund Pershing Square Capital Management, will respond to Simon’s offer. In a December presentation, Pershing Square’s head, William Ackman, said that based on a comparison with publicly traded rivals, he believed General Growth was worth at least $24 a share.

Simon is being advised by the investment banks Lazard, JPMorgan Chase and Morgan Stanley and the law firm Wachtell, Lipton, Rosen & Katz. General Growth’s advisers include the investment banks UBS and Miller Buckfire and the law firm Weil, Gotshal & Manges.

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Lampert Raises Exposure To Financials In 4Q
By Brendan Conway - Dow Jones Newswires
February 16, 2010

(Dow Jones)--Hedge fund billionaire Edward Lampert built up exposure to the financial sector last quarter, a regulatory filing Tuesday shows.

Lampert-affiliated RBS Partners reported a substantially larger Citigroup Inc. (C) stake as of Dec. 31, as well as 1.5 million new shares in Wells Fargo & Co. (WFC) and about 454,000 in Bank of America Corp. (BAC). Lampert&apos;s Citigroup holdings rose 12.5 million shares to 31.3 million.

The chairman of Sears Holding Corp. (SHLD) also reported 4.5 million shares in lender CIT Group Inc. (CIT), after reporting no CIT stake in the previous period.

The moves reverse some of the adjustments Lampert made over the summer, when he reduced exposure to several financial stocks and eliminated what was once a stake of 15.4 million CIT shares.

Lampert also kept cutting holdings in Sallie Mae (SLM), which he reduced last summer as well. Lampert reported 2.9 million shares in the student lender as of Dec. 31, down from 4.3 million in the previous quarter.

Other adjustments made by the Sears chairman include a trimming of nearly 200,000 shares in Capital One Financial Corp. (COF) and about 400,000 in marketing-services company Acxiom Corp. (ACXM).

Many investors who manage more than $100 million are required to disclose holdings of most types of securities within 45 days of the end of a quarter. The filings give the public its freshest possible look inside the portfolios of well-known investors.

The fourth-quarter deadline was Tuesday.

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Simon Bids for General Growth
By Joan E. Solsman - Dow Jones Newswires
February 16, 2010

Simon Property Group Inc. offered to buy General Growth Properties Inc. for about $10 billion as the world's largest shopping-mall operator seeks to absorb the No. 2 mall owner in the U.S. as it grapples with bankruptcy.

Although shopping-mall real-estate investment trusts have been struggling with declines in consumer spending, Simon is viewed as one of the healthiest. It reported better-than-expected quarterly results last month, and although Simon's business was still hurt by write-downs and lower occupancy rates, it predicted brighter days for 2010.

Meanwhile, Simon raised several billion dollars in the latter part of 2009 looking for opportunities to take advantage of woes in the commercial real-estate sector. Simon had said earlier this month it wasn't in active negotiations with General Growth.

The Chicago-based owner of 200 U.S. malls, filed for Chapter 11 bankruptcy protection in April, taking 166 of its malls into the case with it. Since then, it has restructured and extended the due dates of $11.6 billion in mortgages on its malls. But it still needs to reach similar deals with holders of another $3 billion of mortgages and to pay its $7 billion of unsecured debt with either cash or equity.

Simon said Tuesday its proposed deal would accelerate General Growth's emergence from bankruptcy court. The offer gives creditors about $7 billion in considerations by providing a 100% cash recovery of par value plus accrued interest and divided to holders of various debt and securities.

General Growth shareholders would receive more than $9 as share, including $6 in cash plus assets valued at more than $3 a share. It is also prepared to offer Simon common shares instead of cash to General Growth holders interested in owning Simon stock.

Secured debt on General Growth's portfolio would remain in place.

A General Growth spokesman wasn't immediately available to comment. Simon Property's stock closed Friday at $72 and wasn't active premarket.

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Simon makes $10B offer for General Growth
Dow Jones Newswires - Chicago Tribune
February 16, 2010

Simon Property Group Inc. offered to buy Chicago-based General Growth Properties Inc. for about $10 billion, as the world's largest shopping-mall operator seeks to absorb the No. 2 mall owner in the U.S. while General Growth grapples with its exit from bankruptcy.

General Growth, a real estate investment trust that owns Water Tower Place and more than 200 regional shopping malls in 45 states, filed for bankruptcy last year.

Although shopping-mall real estate investment trusts have been struggling with declines in consumer spending, Simon is viewed as one of the healthiest. Reporting better-than-expected profit for the fourth quarter last month, Simon was still hurt by write-downs and lower occupancy rates, but it predicted brighter days for 2010.

Meanwhile, Simon raised several billion dollars in the latter part of 2009, looking for opportunities to take advantage of woes in the commercial real-estate sector. Simon had said earlier this month it wasn't in active negotiations with General Growth.

The Chicago-based owner of 200 U.S. malls filed for Chapter 11 bankruptcy protection in April, taking 166 of its malls with it. Since then, it has restructured and extended the due dates of $11.6 billion in mortgages on its malls. But it needs still needs to reach similar deals with holders of an additional $3 billion of mortgages and to pay its $7 billion of unsecured debt with either cash or equity.

Simon said Tuesday its proposed deal would accelerate General Growth's emergence from bankruptcy court. The offer gives creditors about $7 billion in considerations by providing a 100% cash recovery of par value plus accrued interest divided among holders of various debts and securities.

General Growth shareholders would receive more than $9 a share, including $6 in cash plus assets valued at more than $3 a share. It is also prepared to offer Simon common shares instead of cash to General Growth holders interested in owning Simon stock.

Secured debt on General Growth's portfolio would remain in place.

A General Growth spokesman wasn't immediately available to comment. Simon Property's stock closed Friday at $72 and wasn't active premarket.

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Sears Holdings Names President of Kmart Apparel Business Unit
Sears Holdings News Release
February 15, 2010

HOFFMAN ESTATES, Ill., Feb. 15 /PRNewswire-FirstCall/ -- Sears Holdings (Nasdaq: SHLD) announced today that apparel veteran Tara Poseley will join the company as SVP and president – Kmart Apparel. She will be responsible for the oversight, leadership and strategic growth of Kmart's apparel business, both in-store and online.

Poseley brings to the company over 20 years of diverse retail experience - leading brand and new business launches, developing Web sites and employing social networking tactics for several well-known retailers. She most recently held the role of President for BEBE SPORT, and in six months created and launched PH8 (fate) to replace the BEBE SPORT brand.

Previous to BEBE SPORT, Tara was President for Disney Stores North America, a division of The Children's Place as well as CEO and President for Design Within Reach, a preeminent provider of distinctive modern design furnishings and accessories. She started her career with Gap Inc., as a merchant trainee.

During her 15 years with the company, she held numerous senior leadership roles including SVP, GapKids and babyGap and played a key role in the launch of gapbody. Poseley earned a bachelor's degree from the University of Wisconsin at Madison.

"We're excited that Tara is joining our apparel team," said John Goodman, EVP – Home and Apparel. "She is an accomplished leader and merchant whom I have worked with previously. She brings to the company excellent product development and brand management experience and a demonstrated success in creating and inspiring high performance teams that are focused on satisfying the customer."

"As we to work to transform our business and enhance our relationships with our customers, I'm pleased to add a leader with Tara's wealth of apparel experience to our team," added Bruce Johnson, Interim CEO and President. "Under John's leadership, we are confident that we will continue to attract high caliber talent to the company."

Poseley will be based in the company's San Francisco apparel offices.

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Discover to Pay $775 Million
Settlement With Former Parent Morgan Stanley Brings Legal Feud to an End
By Aparajita Saha-Bubna - Wall Street Journal
February 13, 2010

Discover Financial Services said Friday it would pay $775 million to Morgan Stanley under the terms of a settlement, closing the chapter on a legal battle with its former parent.

The settlement, reported Friday in a filing with the Securities and Exchange Commission, won't affect Discover's bottom line.

That is because the company already had squirreled away reserves, totaling $809 million as of Nov. 30, in anticipation of a payment to Morgan Stanley.

Morgan Stanley last month won a legal ruling under which Discover was obligated to pay as a special dividend over almost $800 million Morgan Stanley said it was owed.

Discover had said it would appeal the ruling.

"On a positive note, the settlement limited the amount Discover had to pay Morgan Stanley," said Sanjay Sakhrani, an analyst at Keefe, Bruyette & Woods, in a research note published Friday.

Mr. Sakhrani has the equivalent of a "buy" rating on Discover shares.

At issue is money stemming from a $2.75 billion antitrust settlement payment Discover received from Visa Inc. and MasterCard Inc. as part of a 2004 lawsuit.

Morgan Stanley, which had acquired Discover in the 1990s as part of its merger with brokerage firm Dean Witter, spun off the card company into an independent entity in 2007.

As part of the spinoff, the companies agreed that Morgan Stanley was entitled to receive a portion of Discover's settlement.

But Riverwoods, Ill.-based Discover contended that Morgan Stanley had breached the spinoff agreement by meddling in the Visa-MasterCard settlement. It declined to pay the dividend.

That prompted Morgan Stanley to file suit against Discover in a New York state court last fall.

Morgan Stanley claimed that it was owed $1.2 billion of the $2.75 billion settlement.

After taxes, that comes to about $785 million, plus interest.

As part of the settlement announced Friday, Discover also dropped its pending case against Morgan Stanley, under which it sought claims for damages from Morgan Stanley "for their breach of contract and tortious interference in settlement negotiations between Discover, Visa and MasterCard."

A spokesman for Morgan Stanley said, "We are delighted with this outcome."

A spokesman for Discover declined to comment beyond the regulatory filing.

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Sears Canada turns to Web for ‘endless aisle'
Catalogue giant is betting heavily on the Internet to shore up flagging sales at its bricks-and-mortar department stores.
By Marina Strauss - Globe and Mail - Toronto
February 12, 2010

Toronto — Tucked away on the seventh floor of Sears Canada Inc.'s (SCC-T25.950.712.81%) flagship store in downtown Toronto is a room filled with computers and youthful e-commerce specialists whose work may hold a key to better times for the retailer.

Internally it's known as the war room, a hub of activity where members of the 80-strong Sears e-commerce team converge to plot the company's online strategy. For eight months last year, they worked behind closed doors – sometimes round-the-clock – to test and redesign prototypes for the re-launch of Sears.ca in October. Now they're focused on updating the website with new products and interactive features.

“It's an endless aisle,” Simon Rodrigue, associate vice-president of e-commerce at Sears, said as he settled into a seat in the war room. “The goal is to carry not only everything that exists in the retail channel, but also everything that exists in the catalogue channel – and even more.”

Sears is betting heavily on its endless aisle to shore up flagging sales at its bricks-and-mortar department stores. With an aim of more than doubling cyber sales in five years, it is also rushing to fill a gap left about a year ago when Hudson's Bay Co. (owner of the Bay and Zellers) and Canadian Tire Corp. ditched their e-commerce sites. Despite its rivals' moves, Sears still faces growing pressure to improve its online game as other merchants embrace Web selling.

“It would be a mistake if Sears let its leadership position in e-commerce slip by not upgrading that customer experience,” said Jim Okamura, senior partner at retail consultancy J.C. Williams Group.

Sears Canada already has an edge in online selling. The retailer, controlled by U.S. parent Sears Holding Corp., is one of the few in this country to run a catalogue business, which provides a framework for e-commerce distribution.

Today, cyber sales make up less than 10 per cent of Sears Canada's overall $5.7-billion of annual revenue, but that is up from only 1 to 2 per cent of total sales in 2005, a company spokesman said.

While Sears' overall revenue has been slipping, its online sales rose “in the single digits” in 2009 after having jumped 18 per cent the previous year, Mr. Rodrigue said.

What's more, the outlook for e-commerce in Canada is upbeat. In 2010, online sales are expected to rise by 9 per cent, to $11.3-billion (U.S.), according to data compiled by New York-based researcher eMarketer Inc. “Certainly the Web business is growing faster than the stores,” eMarketer's senior analyst Jeffrey Grau said.

Sears wants to cash in on the trend by chasing younger consumers who have largely abandoned department stores but are prime Internet shoppers. The company is rapidly introducing new products online, ranging from sports collectibles (coming soon: a $1,300 autographed Wayne Gretzky jersey) to eco-clothing and other items that are not carried in Sears' physical stores or its catalogue. It's running online chats and demo videos and touting its wares on Facebook and Twitter; it's adding automatic search techniques that can boost sales by suggesting related products and services when a shopper looks for an item; and it's evaluating its parent company's cyber moves, including a “marketplace” for other businesses to sell their wares at Sears.com.

Ground zero for Sears' e-commerce planning is the war room, a test lab where a white board on one wall is covered with scribbles of sales projections. When an online shopper recently wanted to know how a treadmill could be stored, a jeans-clad team member and colleague headed down to the store's basement treadmill section and videotaped him folding the treadmill and leaning it on a wall. The video was posted on YouTube as well as on Sears.ca.

The e-commerce team has become so important to Sears that it has more than doubled to 80 employees from a year ago, with plans to reach 100 by year's end, even as Sears has shrunk staffing elsewhere in the company. Cyber team members come from major e-rivals such as Indigo Books & Music and Home Depot Canada, where Mr. Rodrigue led the Internet strategy until moving to Sears in mid-2008.

At Sears Canada, he's borrowing a leaf from the playbook of U.S. parent Sears Holdings, which has put a big push on e-commerce to help in its turnaround efforts. The parent has launched a series of websites and mobile phone applications, and is piloting a scheme dubbed MyGofer for drive-through purchase pickups. It runs an online Marketplace in which other sellers peddle their products on Sears.com, paying the retailer a commission of up to 20 per cent.

Mr. Rodrigue is keeping a close eye on the parent's projects for possible ideas to adopt here. His big task last year was to bring the online operation in-house because, up until Oct. 22, it was run by e-tailing giant Amazon.

But the Amazon model failed to give him the flexibility that Sears.com had to quickly tweak the site. “We felt we needed to have more control of our destiny.”

The economics of cyber-selling also can be attractive. Profit margins can be 1- to 2-per-cent higher online than in traditional stores, which are costlier to run, Mr. Okamura said. Sears.ca benefits because it doesn't have to carry the risk of stocking the inventory. Instead, suppliers hold on to the merchandise until it's purchased, at which point it's shipped directly to the customer.

But perhaps the biggest benefit for Sears is the endless aisle. With 350,000 products online now – more than twice the number in its physical stores – Mr. Rodrigue is set to bump that up by more than 25 per cent this year. “Instead of having just five fireplaces online, we can have 100 fireplaces online.”

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DieHard accessories to be sold outside Sears stores
Move aims to broaden customer base
By Julie Wernau, reporter - Chicago Tribune
February 12, 2010

The DieHard brand of portable power equipment is moving beyond the walls of Sears Auto Centers, marking the first time a Sears brand will be sold outside the retail chain.

Hoffman Estates-based Sears Holdings Corp. announced Thursday that it has inked a trademark license agreement with Mount Prospect-based Schumacher Electric Corp.

 that will allow DieHard brand power accessories, such as battery chargers, jump starters and power inverters, to be sold in stores in the United States, Puerto Rico and Mexico.

Automotive batteries, the top-selling DieHard product, will continue to be sold exclusively in Sears and Kmart stores.

Sears Chairman Edward Lampert first raised the possibility of selling its exclusive brands to other retailers in an annual letter to shareholders in early 2008, mentioning Kenmore appliances, Craftsman tools and DieHard battery brands.

Kimberly Picciola, a Morningstar analyst, said Sears is likely testing the waters to see whether other exclusive products would fare well in a larger market.

"I think Lampert is looking at ways in which he can really monetize assets that the company has," Picciola said. "They're doing the analysis to see how selling their brands in other channels might cannibalize their existing sales."

Larry Costello, a spokesman for Sears, said customers can expect to see DieHard products on the shelves of other retailers within six months. He would not say which retailers were being considered.

Erik Rosenstrauch, general manager for the DieHard brand, said Sears hopes to expand the brand beyond its typical customers — male do-it-yourselfers with an interest in vehicle maintenance.

Sears has begun to do that through viral YouTube videos that show a DieHard battery powering everything from a home stereo and tanning bed to a hot tub and musical set by Reggie Watts.

"We see this as a huge opportunity to broaden the customer base of the DieHard brand," said Guenther Trieb, senior vice president and president of brands at Sears.
Sears' stock ended Thursday at $90.52, up $1.09.

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Sears to let other retailers sell DieHard brand
Monée Fields-White - Chicago Business
February 11, 2010

(Crain's) — Sears Holdings Corp. said Thursday that it reached a trademark licensing deal to sell DieHard branded goods in other retailers' stores.

The agreement with Schumacher Electric Corp. includes DieHard battery chargers, jump starters, and power inverters.

"We're excited that this agreement will allow our customers the opportunity to purchase DieHard power accessories at additional retail outlets," Guenther Trieb, senior vice-president and president of brands, said in a release.

Sears Holdings Chairman Edward Lampert has hinted in the past couple years that the company would look at selling its key brands, such as DieHard, outside of its department stores.

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Sears Reaches Agreement With Schumacher Electric to Sell DieHard(R) Brand Products
DieHard Power Accessories to be Available at Additional Retail Outlets
PRNewswire
February 11, 2010

HOFFMAN ESTATES, Ill., Feb. 11 /PRNewswire-FirstCall/ -- Sears Brands Management Corporation announced a trademark license agreement with Schumacher Electric Corporation today which will enable DieHard-branded power accessories to be sold to retailers in the U.S., Puerto Rico and Mexico.

"DieHard is the top selling brand of power accessories in the U.S.," said Guenther Trieb, senior vice president and president of brands. "We're excited that this agreement will allow our customers the opportunity to purchase DieHard power accessories at additional retail outlets."

The DieHard products to be sold as part of the agreement include battery chargers, jump starters, and power inverters. In a 2009 Battery Brand Tracker Survey, DieHard products were selected by an overwhelming margin as "most trusted," "dependable" and "performs in extreme conditions."

"The DieHard name is the most trusted in the automotive battery industry, and the brand is instantly recognized by millions of consumers," said Don Schumacher, CEO of Schumacher Electric. "Through this license agreement, we look forward to expanding the reach of the DieHard brand and the availability of DieHard products through retail channels."

In related news, DieHard is serving as the primary sponsor of the Don Schumacher Racing Dodge Funny Car driven by Matt Hagan in the 2010 NHRA Full Throttle Drag Racing Series. The 23-event season begins in Pomona, Calif., Feb. 11-14. Hagan is in his second season with Don Schumacher Racing.

DieHard has a new home on the Web at the relaunched DieHard.com and a mobile companion at mobile.diehard.com. The sites include a help center, battery selector, maintenance guide and a series of videos documenting DieHard's performance inside the DieHard Torture Labs.

About Sears Holdings Corporation

Sears Holdings Corporation is the nation's fourth largest broadline retailer with approximately 3,900 full-line and specialty retail stores in the United States and Canada. Sears Holdings is the leading home appliance retailer as well as a leader in tools, lawn and garden, home electronics and automotive repair and maintenance. Key proprietary brands include Kenmore, Craftsman and DieHard, and a broad apparel offering, including such well known labels as Lands' End, Jaclyn Smith and Joe Boxer, as well as the Apostrophe and Covington brands. It also has the Country Living collection, which is offered exclusively by Sears and Kmart. We are the nation's largest provider of home services, with more than 12 million service calls made annually. Sears Holdings Corporation operates through its subsidiaries, including Sears, Roebuck and Co. and Kmart Corporation. For more information, visit Sears Holdings' website at www.searsholdings.com.

About the DieHard brand

Introduced in 1967, Sears designed the DieHard to produce 35 percent more usable starting power than other similar batteries. Featuring a revolutionary tough, thin-walled case of translucent polypropylene plastic, which was 50 percent thinner than conventional black rubber-type battery enclosures, the design's extra room meant bigger plates, more acid and extra starting power. Consumers consistently rate DieHard as "most trusted," "dependable," "performs in extreme conditions" by overwhelming margins, according to a 2009 Battery Brand Tracker Survey.

About Schumacher Electric

Established in 1947, Schumacher Electric Corporation has been leading change and driving performance to exceed their customers' expectation. Engineered patent pending technologies and award winning marketing have paved the way for Schumacher to be the battery accessories (battery chargers, portable power sources, 12 volt accessories, etc.) manufacturer of choice. Schumacher internationally distributes to retailers, distributors, OE manufacturers and industrial markets. Schumacher's world headquarters is located in Mount Prospect, Illinois with manufacturing plants in China and Mexico. For more on Schumacher Electric, visit www.batterychargers.com.

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Allstate swings to quarterly net profit of $518 million
Operating results exceed analysts' expectations;
investment income falls
By Alistair Barr, MarketWatch
February 10, 2010

SAN FRANCISCO (MarketWatch) -- Allstate Corp. swung to a quarterly net profit of $518 million late Wednesday and operating results released by the insurer exceeded Wall Street estimates.

Allstate (NYSE:ALL) said fourth-quarter net income came in at $518 million, or 96 cents a share. That compares with a net loss of $1.13 billion or $2.10 a share in the same period a year earlier.

Operating earnings, which exclude net realized investment gains and losses, were $592 million, or $1.09 a share, in the latest period. Allstate was expected to make $1.01 a share, according to the average estimate of 17 analysts in a Thomson Reuters survey.

The combined ratio, excluding catastrophes and prior-year reserve re-estimates, was 88.1 in the fourth quarter. In 2010, this ratio will likely be 88 to 90, Allstate said.

The combined ratio measures claims and expenses as a percentage of premiums. It's a closely watched measure of insurers' underwriting performance. Brian Meredith, an insurance analyst at UBS, was expecting a 2010 combined ratio of 88.5 for Allstate.

Allstate was hit hard by investment losses during the 2008 financial crisis. The strong rebound in equities and corporate bonds last year relieved a lot of that pressure. However, the company still faces challenges from a sluggish economy, competition in the auto-insurance market and lower investment income.

Allstate-brand standard auto premiums written climbed less than 1% in the fourth quarter of 2009. Average premiums rose 2.6%, but the number of policies in force declined 1%, according to Allstate.

Net investment income for the fourth quarter of 2009 was $1.1 billion. That was $253 million less than in the same period a year earlier, it noted.

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Judge Divides Up the Money in Sears' Record-Setting ADA Settlement
By Lynne Marek - LAW.com
February 9, 2010

A federal judge in Chicago late last week gave final approval to the allocation of $6.2 million among 235 former Sears, Roebuck & Co. employees in the largest settlement ever reached by the Equal Employment Opportunity Commission in an Americans with Disabilities Act class action.

The former workers, who said the company fired them after they went on disability leave, will receive between $2,500 and $122,500 each, depending on their individual circumstances, according to the allocation approved by U.S. District Judge Wayne Andersen of the Northern District of Illinois on Feb. 4. The workers will receive the money in the next two months. Overall settlement of the case with a consent decree was reached and announced last September.

The EEOC sued Hoffman Estates, Ill.-based Sears in 2004 following a complaint from John Bava, an injured appliance service technician who said Sears fired him after he took a leave for knee, wrist and back injuries suffered on the job. Bava is the only plaintiff to get the top $122,500 payout, based on his initiation and the facts of his particular case, said John Hendrickson, who leads the Chicago regional EEOC office that pursued the matter.

The agency found in pretrial discovery that many other employees at the retailer had encountered treatment similar to that experienced by Bava. Gregory Gochanour was the supervisory EEOC trial attorney in Chicago on the case, and he had assistance from Deborah Hamilton and Aaron DeCamp.

Sonnenschein, Nath & Rosenthal lawyer Amy Bess, an employment and litigation partner in Washington, D.C., who was part of the team representing Sears, referred a request for comment to the Sears legal department, which had no comment on the allocation.

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Frank O'Reilly
Chicago Tribune
February 10, 2010

Frank O'Reilly, of Bartlett, Veteran of World War II, member of US Marine Corp., fought in Iwo Jima and received a Bronze Star. Beloved husband of Diane, nee Marken; devoted father of Mark (Donna Lafemina), Sharon (Kevin) Kaufman and Maureen (Burley) Howard; dear brother of Mary Miller; dear grandfather of Chris and Kelly Howard, Kyle, Daniel and Rojina Kaufman. Frank lived all his life by his faith.

Friends and family are asked to meet Friday at Clare Oaks Independent Living Center, 825 Carillon, Bartlett, IL, www.clareoaks.com, for a Memorial Mass at 9:30 a.m. Interment private.

Arrangements by Salerno's Rosedale Chapels, for info: 630-889-1700 orwww.salernofuneralhomes.com. Please omit flowers.

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Will Walmart, not Whole Foods, save the small farm and make America healthy?
By Corby Kummer The Great Grocery Smackdown - The Atlantic
(March 2010)

BUY MY FOOD at Walmart? No thanks. Until recently, I had been to exactly one Walmart in my life, at the insistence of a friend I was visiting in Natchez, Mississippi, about 10 years ago. It was one of the sights, she said. Up and down the aisles we went, properly impressed by the endless rows and endless abundance. Not the produce section. I saw rows of prepackaged, plastic-trapped fruits and vegetables. I would never think of shopping there.

Not even if I could get environmentally correct food. Walmart’s move into organics was then getting under way, but it just seemed cynical—a way to grab market share while driving small stores and farmers out of business. Then, last year, the market for organic milk started to go down along with the economy, and dairy farmers in Vermont and other states, who had made big investments in organic certification, began losing contracts and selling their farms. A guaranteed large buyer of organic milk began to look more attractive. And friends started telling me I needed to look seriously at Walmart’s efforts to sell sustainably raised food.

Really? Wasn’t this greenwashing? I called Charles Fishman, the author of The Wal-Mart Effect, which entertainingly documents the market-changing (and company-large repercussions—and told me that what it had decided to do since my Natchez foray was to compete with high-end supermarkets. “You won’t recognize the grocery section of a supercenter,” he said. He ordered me to get in my car and find one.

He was right. In the grocery section of the Raynham supercenter, 45 minutes south of Boston, I had trouble believing I was in a Walmart. The very reasonable-looking produce, most of it loose and nicely organized, was in black plastic bins (as in British supermarkets, where the look is common; the idea is to make the colors pop). The first thing I saw, McIntosh apples, came from the same local orchard whose apples I’d just seen in the same bags at Whole Foods. The bunched beets were from Muranaka Farm, whose beets I often buy at other markets—but these looked much fresher. The service people I could find (it wasn’t hard) were unfailingly enthusiastic, though I did wonder whether they got let out at night.

During a few days of tasting, the results were mixed. Those beets handily beat (sorry) ones I’d just bought at Whole Foods, and compared nicely with beets I’d recently bought at the farmers’ market. But packaged carrots and celery, both organic, were flavorless. Organic bananas and “tree ripened” California peaches, already out of season, were better than the ones in most supermarkets, and most of the Walmart food was cheaper—though when I went to my usual Whole Foods to compare prices for local produce, they were surprisingly similar (dry goods and dairy products were considerably less expensive at Walmart).

Walmart holding its own against Whole Foods? This called for a blind tasting.

I conspired with my contrarian friend James McWilliams, an agricultural historian at Texas State University at San Marcos and the author of the new Just Food: Where Locavores Get It Wrong and How We Can Truly Eat Responsibly. He enlisted his friends at Fino, a restaurant in Austin that pays special attention to where the food it serves comes from, as co-conspirators. I would buy two complete sets of ingredients, one at Walmart and the other at Whole Foods. The chef would prepare them as simply as possible, and serve two versions of each course, side by side on the same plate, to a group of local food experts invited to judge.

I STARTED LOOKING into how and why Walmart could be plausibly competing with Whole Foods, and found that its produce-buying had evolved beyond organics, to a virtually unknown program—one that could do more to encourage small and medium-size American farms than any number of well-meaning nonprofits, or the U.S. Department of Agriculture, with its new Know Your Farmer, Know Your Food campaign. Not even Fishman, who has been closely tracking Walmart’s sustainability efforts, had heard of it. “They do a lot of good things they don’t talk about,” he offered.

The program, which Walmart calls Heritage Agriculture, will encourage farms within a day’s drive of one of its warehouses to grow crops that now take days to arrive in trucks from states like Florida and California. In many cases the crops once flourished in the places where Walmart is encouraging their revival, but vanished because of Big Agriculture competition.

Ron McCormick, the senior director of local and sustainable sourcing for Walmart, told me that about three years ago he came upon pictures from the 1920s of thriving apple orchards in Rogers, Arkansas, eight miles from the company’s headquarters. Apples were once shipped from northwest Arkansas by railroad to St. Louis and Chicago. After Washington state and California took over the apple market, hardly any orchards remained. Cabbage, greens, and melons were also once staples of the local farming economy. But for decades, Arkansas’s cash crops have been tomatoes and grapes. A new initiative could diversify crops and give consumers fresher produce.

As with most Walmart programs, the clear impetus is to claim a share of consumer spending: first for organics, now for locally grown food. But buying local food is often harder than buying organic. The obstacles for both small farm and big store are many: how much a relatively small farmer can grow and how reliably, given short growing seasons; how to charge a competitive price when the farmer’s expenses are so much higher than those of industrial farms; and how to get produce from farm to warehouse.

Walmart knows all this, and knows that various nonprofit agricultural and university networks are trying to solve the same problems. In considering how to build on existing programs (and investments),

Walmart talked with the local branch of the Environmental Defense Fund, which opened near the company’s Arkansas headquarters when Walmart started to look serious about green efforts, and with the Applied Sustainability Center at the University of Arkansas. The center (of which the Walmart Foundation is a chief funder) is part of a national partnership called Agile Agriculture, which includes universities such as Drake and the University of New Hampshire and nonprofits like the American Farmland Trust and the Sustainable Agriculture Coalition. To get more locally grown produce into grocery stores and restaurants, the partnership is centralizing and streamlining distribution for farms with limited growing seasons, limited production, and limited transportation resources.

Walmart says it wants to revive local economies and communities that lost out when agriculture became centralized in large states. (The heirloom varieties beloved by foodies lost out at the same time, but so far they’re not a focus of Walmart’s program.) This would be something like bringing the once-flourishing silk and wool trades back to my hometown of Rockville, Connecticut. It’s not something you expect from Walmart, which is better known for destroying local economies than for rebuilding them.

As everyone who sells to or buys from (or, notoriously, works for) Walmart knows, price is where every consideration begins and ends. Even if the price Walmart pays for local produce is slightly higher than what it would pay large growers, savings in transport and the ability to order smaller quantities at a time can make up the difference.

Contracting directly with farmers, which Walmart intends to do in the future as much as possible, can help eliminate middlemen, who sometimes misrepresent prices. Heritage produce currently accounts for only 4 to 6 percent of Walmart’s produce sales, McCormick told me (already more than a chain might spend on produce in a year, as Fishman would point out), adding that he hopes the figure will get closer to 20 percent, so the program will “go from experimental to being really viable.”

Michelle Harvey, who is in charge of working with Walmart on agriculture programs at the local Environmental Defense Fund office, summarized a long conversation with me on the sustainability efforts she thinks the company is serious about: “It’s getting harder and harder to hate Walmart.”

“WE SUPPORT LOCAL FARMERS,” read a sign at an Austin Walmart. I didn’t see any farm names listed in the produce section, but I did find plastic tubs of organic baby spinach and “spring mix” greens with modern labeling that looked like it could be at Whole Foods. My list was simple to the point of stark, for a fair fight. Some ingredients seemed identical to what I’d find at Whole Foods. Organic, free-range brown eggs. Promised Land all-natural, hormone-free milk. A bottle of Watkins Madagascar vanilla for panna cotta. I couldn’t find much in the way of the seasonal fruit the restaurant had told me the chef would serve with dessert. But I did find, to my surprise, a huge bin of pomegranates, so I bought those, and some Bosc pears. The sticking points were fresh goat cheese, which flummoxed the nice sales people (we found some Alouette brand, hidden), and chicken breasts. I could find organic meat, but no breasts without “up to 12 percent natural chicken broth” added—an attempt to inject flavor and add weight. I wasn’t happy with the suppliers, either: Tyson predominated. I bought Pilgrims Pride, but was suspicious. The bill was $126.02.

At the flagship Whole Foods, in downtown Austin, the produce was much more varied, though the spinach and spring mix looked less vibrant. The chicken was properly dry, a fresh ivory color—and more than twice as expensive as Walmart’s. My total bill was $175.04; $20 of the extra $50 was for the meat.

Brian Stubbs, the tall, genial young manager of Fino, and Jason Donoho, the chef, were intrigued as they helped me carry bag after bag into the restaurant’s kitchen. They carefully segregated the bags on two shelves of a walk-in refrigerator. The younger cooks looked surprised by the Whole Foods kraft-paper bags, and slightly horrified by the flimsy white plastic ones from Walmart.

The next night 16 critics, bloggers, and general food lovers gathered around a long, high table at the restaurant. Stubbs passed out scoring sheets with bullets for grades of one (worst) to five (best) for each of the four courses, and lines for comments.

The first course, bowls of almonds and pieces of fried goat cheese with red-onion jam and honey, was a clear win for Walmart. The Walmart almonds were described as “aromatic,” “mellow,” “pure,” and “yummy,” the Whole Foods almonds as “raw,” though also more “natural”; they were in fact fresher, though duller in flavor. (Like the best of the food I saw at the Austin Walmart, the packaging for the almonds had a homegrown Mexican look.) The second course, mixed spring greens in a sherry vinaigrette, was another Walmart win: only a few tasters preferred the Whole Foods greens, calling them fresher and heartier-flavored. And only one noticed the little brown age spots on a few Walmart leaves, but she was a ringer—Carol Ann Sayle, a local farmer famous for her greens.

So far Walmart was ahead. But then came the chicken, served with a poached egg on a bed of spinach and golden raisins. A woman whose taste I already thought uncanny—she works as an aromatherapist—compared the broth-infused meat to something out of a hospital cafeteria: “It’s like they injected it with something to make it taste like fast food.” I thought it was salty, damp, and dismal. The spinach, though, was another story: even the most ardent brothy-breast haters thought the Walmart spinach was fresher.

Dessert was the most puzzling. I had thought that Walmart’s locally sourced milk and exotic-looking vanilla would be the gold standard, but the Whole Foods house brands slaughtered them (“Kicks A’s ass,” one taster wrote). People couldn’t find enough words to diss the Walmart panna cotta (“artificial, thin”) and praise the Whole Foods one (“like a good Christmas”). I wished I’d bought the identical Promised Land milk at Whole Foods, to see if there is in fact a difference in the branded food products that suppliers give Walmart, as there is in the case of other branded products. The pomegranate seeds, sadly, were wan, with barely any flavor, particularly compared with the garnet gems from Whole Foods. But Walmart got points from the chef, and from me, for carrying pomegranates at all.

As I had been in my own kitchen, the tasters were surprised when the results were unblinded at the end of the meal and they learned that in a number of instances they had adamantly preferred Walmart produce. And they weren’t entirely happy.

IN AN IDEAL WORLD, people would buy their food directly from the people who grew or caught it, or grow and catch it themselves. But most people can’t do that. If there were a Walmart closer to where I live, I would probably shop there.

Most important, the vast majority of Walmarts carry a large range of affordable fresh fruits and vegetables. And Walmarts serve many “food deserts,” in large cities and rural areas—ironically including farm areas. I’m not sure I’m convinced that the world’s largest retailer is set on rebuilding local economies it had a hand in destroying, if not literally, then in effect. But I’m convinced that if it wants to, a ruthlessly well-run mechanism can bring fruits and vegetables back to land where they once flourished, and deliver them to the people who need them most.

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Ten GOP Health Ideas for Obama
We don't need to study lawsuit reform for one minute longer.
By Newt Gingrich and John C. Goodman - The Wall Street Journal
February 10, 2010

'If you have a better idea, show it to me." That was President Barack Obama's challenge two weeks ago to House Republicans regarding health-care reform. He has since called for a bipartisan forum, not to start over on health reform but to "move forward" on the "best ideas that are out there."

The best ideas out there are not those that were passed by the House and Senate last year, which consist of more spending, more regulations and more bureaucracy. If the president is serious about building a system that delivers more quality choices at lower cost for every American, here's where he should start:

• Make insurance affordable. The current taxation of health insurance is arbitrary and unfair, giving lavish subsidies to some, like those who get Cadillac coverage from their employers, and almost no relief to people who have to buy their own. More equitable tax treatment would lower costs for individuals and families. Many health economists conclude that tax relief for health insurance should be a fixed-dollar amount, independent of the amount of insurance purchased. A step in the right direction would be to give Americans the choice of a generous tax credit or the ability to deduct the value of their health insurance up to a certain amount.

• Make health insurance portable. The first step toward genuine portability—and the best way of solving the problems of pre-existing conditions—is to change federal policy. Employers should be encouraged to provide employees with insurance that travels with them from job to job and in and out of the labor market. Also, individuals should have the ability to purchase health insurance across state lines. When insurers compete for consumers, prices will fall and quality will improve.

• Meet the needs of the chronically ill. Most individuals with chronic diseases want to be in charge of their own care. The mother of an asthmatic child, for example, should have a device at home that measures the child's peak airflow and should be taught when to change his medication, rather than going to the doctor each time.

Having the ability to obtain and manage more health dollars in Health Savings Accounts is a start. A good model for self-management is the Cash and Counseling program for the homebound disabled under Medicaid. Individuals in this program are able to manage their own budgets and hire and fire the people who provide them with custodial services and medical care. Satisfaction rates approach 100%, according to the Robert Wood Johnson Foundation.

We should also encourage health plans to specialize in managing chronic diseases instead of demanding that every plan must be all things to all people. For example, special-needs plans in Medicare Advantage actively compete to enroll and cover the sickest Medicare beneficiaries, and stay in business by meeting their needs. This is the alternative to forcing insurers to take high-cost patients for cut-rate premiums, which guarantees that these patients will be unwanted.

• Allow doctors and patients to control costs. Doctors and patients are currently trapped by government-imposed payment rates. Under Medicare, doctors are not paid if they communicate with their patients by phone or e-mail. Medicare pays by task—there is a list of about 7,500—but doctors do not get paid to advise patients on how to lower their drug costs or how to comparison shop on the Web. In short, they get paid when people are sick, not to keep them healthy.

So long as total cost to the government does not rise and quality of care does not suffer, doctors should have the freedom to repackage and reprice their services. And payment should take into account the quality of the care that is delivered. Once physicians are liberated under Medicare, private insurers will follow.

• Don't cut Medicare. The reform bills passed by the House and Senate cut Medicare by approximately $500 billion. This is wrong. There is no question that Medicare is on an unsustainable course; the government has promised far more than it can deliver. But this problem will not be solved by cutting Medicare in order to create new unfunded liabilities for young people.

• Protect early retirees. More than 80% of the 78 million baby boomers will likely retire before they become eligible for Medicare. This is often the most difficult time for individuals and families to find affordable insurance. A viable bridge to Medicare can be built by allowing employers to obtain individually owned insurance for their retirees at group rates; allowing them to deposit some or all of the premium amount for post-retirement insurance into a retiree's Health Savings Account; and giving employers and younger employees the ability to save tax-free for post-retirement health.

• Inform consumers. Patients need to have clear, reliable data about cost and quality before they make decisions about their care. But finding such information is virtually impossible. Sources like Medicare claims data (stripped of patient information) can help consumers answer important questions about their care. Government data—paid for by the taxpayers—can answer these questions and should be made public.

• Eliminate junk lawsuits. Last year the president pledged to consider civil justice reform. We do not need to study or test medical malpractice any longer: The current system is broken. States across the country—Texas in particular—have already implemented key reforms including liability protection for using health information technology or following clinical standards of care; caps on non-economic damages; loser pays laws; and new alternative dispute resolution where patients get compensated for unexpected, adverse medical outcomes without lawyers, courtrooms, judges and juries.

• Stop health-care fraud. Every year up to $120 billion is stolen by criminals who defraud public programs like Medicare and Medicaid, according to the National Health Care Anti-Fraud Association. We can help prevent this by using responsible approaches such as enhanced coordination of benefits, third-party liability verification, and electronic payment.

• Make medical breakthroughs accessible to patients. Breakthrough drugs, innovative devices and new therapies to treat rare, complex diseases as well as chronic conditions should be sped to the market. We can do this by cutting red tape before and during review by the Food and Drug Administration and by deploying information technology to monitor the quality of drugs and devices once they reach the marketplace.

The solutions presented here can be the foundation for a patient-centered system. Let's hope the president has the courage to embrace them.

Mr. Gingrich is former speaker of the U.S. House of Representatives and founder of the Center for Health Transformation. Mr. Goodman is president and CEO of the National Center for Policy Analysis.

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Court Approves $6.2 Million Distribution in EEOC vs Sears Disability Settlement
Kansas City infoZine
February 9, 2010

235 Former Employees Terminated at End of Workers’ Compensation Leaves of Absence to Share Settlement Proceeds After Participating in Claims Process

Chicago, IL - infoZine - The U.S. Equal Employment Opportunity Commission (EEOC) today announced court approval of the distribution of a $6,200,000 compensation fund in the landmark Americans With Disabilities Act (ADA) litigation between the EEOC and Sears, Roebuck & Co.

The distribution is being carried out pursuant to the terms of a consent decree approved by Federal District Judge Wayne Anderson on September 29, 2009. In its lawsuit against Sears, the EEOC had alleged that Sears maintained an inflexible workers’ compensation leave exhaustion policy and terminated employees instead of providing them with reasonable accommodations for their disabilities, in violation of the ADA. The case resulted in the largest ADA settlement in a single lawsuit in EEOC history. Under the terms of the decree, the EEOC provided claim forms to certain Sears employees who had been terminated under Sears’ workers’ compensation leave policy. The claimants were asked to report to the EEOC, among other things, the extent of their impairments, their ability to return to work at Sears, and whether Sears had made any attempt to return them to work. Based on these criteria, the EEOC found that 235 individuals were eligible to share in the settlement. The average award was approximately $26,300. More than twenty claimants were found to be ineligible by the EEOC. As with all EEOC litigation, none of the settlement fund will retained by the EEOC; all of it will be distributed.

“It is a satisfying day indeed when victims finally receive compensation for the wrongful discrimination they have endured,” said EEOC Acting Chairman Stuart J. Ishimaru. “The EEOC is pleased and proud that we fought long and hard on this case to protect the rights of workers with disabilities, and that many Sears employees will now benefit from our law enforcement efforts.”

Chicago Regional Attorney John Hendrickson said, “The Sears case has been a long haul, but now it’s over—this is it. The court has enjoined future discrimination by Sears and approved the amount of money each class member will receive for the particular discrimination he or she suffered. Their day for compensation is here, and as far as the EEOC is concerned, that makes it a good day for everyone involved.”

EEOC Trial Attorney Aaron DeCamp noted that, in addition to the disbursement of settlement funds, the EEOC is seeing positive effects from the consent decree. “As a result of the decree, we believe Sears has an improved workers’ compensation leave process, and it has posted notices regarding the decree. We know that employees have been seeing the notices because we’ve been receiving inquiries as a result. So we think it’s pretty clear that our lawsuit genuinely benefited the employees of Sears and strengthened the company’s human resources processes.”

The lawsuit, filed in November 2004, was assigned to Federal District Court Judge Wayne Anderson of the Northern District of Illinois and Magistrate Judge Susan Cox, and is captioned EEOC v. Sears Roebuck & Co., N.D. Ill. No. 04 C 7282. Judge Anderson entered the order approving the monetary distributions on February 4.

The EEOC litigation team included, in addition to Hendrickson and DeCamp, Supervisory Trial Attorney Gregory Gochanour and Trial Attorneys Ethan Cohen, Deborah Hamilton and Laurie Elkin.

The EEOC Chicago District Office is responsible for processing charges of discrimination, administrative enforcement, and the conduct of agency litigation in Illinois, Wisconsin, Minnesota, Iowa, and North and South Dakota, with Area Offices in Milwaukee and Minneapolis.

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Allstate Denies Plans to Terminate 3,000+ Agents
By Pat Speer - Insurance Networking News
February 8, 2010

Ahead of its earnings call scheduled for this Wednesday, Allstate denied growing reports in online blogs, trade journals and in the general press of its plans to reduce its distribution network by 3,000-plus independent agents.

Maryellen Thielen, senior manager of Financial Communications, Allstate Corporate Relations, told Insurance Networking News that Allstate has not set targets for agency numbers or size, but qualified its goal of seeking to work with agents who can provide “superior levels of customer service.

“It’s clear that growing agencies is good for our customers, the agencies and Allstate,” she said. “We’ve seen that agency locations in the range of $3 million to $4 million in premiums (between 3,000 to 4,000 policies in force) have the scale to support the staff and other resources needed to provide superior levels of customer service.”

Without specifying the metrics that would be used to measure Allstate’s desired level of customer service, Thielen did say that Allstate will provide smaller agencies with the incentives and resources necessary to meet and exceed those customer expectations.

“Some agencies may choose not to take this journey with us, but for agency owners committed to providing consistently superior levels of service, the opportunities have never been better to grow their agencies,” she said.

Allstate offered the following as examples of specific resources being promoted to their agents “to help Allstate agencies enhance the customer experience—and their success:”

• Agency technology: An Allstate Web site offers a self-assessment tool and other aids to help Allstate agents find opportunities to improve service (e.g., location and staffing) and grow. • 24/7 support from the Allstate call centers

• Education: Allstate is providing tools to help customers understand their insurance better—for example, through its new “Auto Insurance Made Simple” brochure

• Detailed customer research down to the agency level

• Added support for Allstate premier service agencies, the designation for its highest performing agencies (based on business results and customer experience)

Analysts, meanwhile, are hedging their bets on Allstate’s earnings call, stating that, on average, the company is expected to report earnings per share (EPS) of $1.01. Last quarter (sequential), Allstate reported EPS of $0.99, missing consensus estimates of $1.01. For the full year, the company is expected to post EPS of $3.39, predict analysts.

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Retailers Continued Comeback Into January
Sales Rose 3.3% as Long-Suffering Department and Clothing Stores Showed Signs That Consumers Are Returning
By Elizabeth Holmes - The Wall Street Journal
February 5, 2010

Apparel retailers followed up a strong holiday showing with a good January by turning what is usually a month for clearance sales into an opportunity to move spring merchandise at full prices.

Clothing stores kept inventories lean and held the line on discounts over the holidays, leaving shoppers hungry for marked-down products in the new year, said Ken Perkins, president of Retail Metrics Inc. Buyers snapped up whatever clearance merchandise was left in the first two weeks of the month then moved on to spring outfits, which sold at or near tagged prices.

The result was the biggest increase in sales in nearly two years. That doesn't mean consumers are back in force: Retailers' terrible showing in January 2009 was an easy one to beat, and shoppers still need to be lured in by bargains. But it does show retailers and consumers have a better handle on their circumstances, which bodes somewhat better for profits and sales.

"You can say you are in a challenging position and have a tough set of circumstances surrounding you," Macy's Inc. Chief Executive Terry Lundgren said, describing the position consumers find themselves in. "But at least you can forecast where the future is going to be."

Sales at stores open at least a year, the retail industry's main performance benchmark, rose 3.3% in January over the prior year, according to Thomson Reuters and Retail Metrics Inc. The index doesn't include retail behemoth Wal-Mart Stores Inc.

January has historically been a clearance period for retailers and therefore less important to the fourth quarter than the critical holiday months of November and December. Still, the result was "a little bit of icing on a cake that had already been baked," says Todd Slater, an analyst with Lazard Capital Markets.

The strong showing led retailers including Macy's, Gap Inc. and TJX Cos. to raise their outlooks for profits in their fiscal fourth quarters, which ended last weekend.

Several retailers did better than expected. Teen retailers and department stores, both of which were expected to post slight declines, reported increases of 6.5% and 2.5%, respectively. Sales at apparel retailers rose 7.3%.

Macy's saw a 3.4% increase in same-store sales for January, which Mr. Lundgren attributed in part to low levels of clearance merchandise, which drove more full-priced selling.

American Eagle Outfitters Inc., which has said it is working on improving its fashion, reported same-store sales up 10% for January. Children's Place Retail Stores Inc. saw sales climb 12%.

Higher-end retailers that added lower opening prices to their assortments also did well. Nordstrom Inc., which has expanded the range of prices on its shelves, had the best results of the monthly reporters, with an increase of 14%. "We still have a lot of work ahead of us in order to improve service and continue earning our customers’ business,” says Blake Nordstrom, the company's president.

Abercrombie & Fitch Co. reported the biggest sales surprise of the month, with same-store sales up 8% in January. Analysts had forecast a decline of 8%. The company said it benefited from the redemption of $22 million in gift cards, which were distributed as a promotion to holiday buyers at its namesake brand and lower-priced Hollister division. The free gift cards expired Jan. 30.

Discounters faced challenges last month, in part because the Super Bowl, held in January last year, has been moved to February. Costco Wholesale Corp. posted flat U.S. sales, excluding gasoline, that fell short of analysts' estimates. Thediscounter reported soft TV sales last month, but said that trend was reversing this month.

January's results underscore the importance of bargains for shoppers. Some of the best figures came from low-priced retailers. TJX Cos, which operates Marshalls and T.J. Maxx, reported a 12% increase in same-store sales. Discount department store Kohl's Corp. saw a 6.5% increase, while Old Navy, Gap Inc.'s bargain brand, posted a 10% increase.

Higher-end retailers that added lower opening prices to their assortments also did well. Nordstrom Inc., which has expanded the range of prices on its shelves, had the best results of the monthly reporters, with an increase of 14%.

January sales typically benefit from the redemption of gift cards, which usually go towards the purchase of full-priced merchandise. Sales of merchant-branded gift cards, meaning cards for a specific store, rose 2.1% in the 2009 holiday season, according to the Holiday Gift Card Performance Report from card-processing firms First Data. For specialty retailer, the dollar value of gift cards sold rose 7.3%. The average gift card value was $43.14.

— Rachel Dodes contributed to this article.

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Wal-Mart laying off 300 workers at Arkansas HQ
Wal-Mart to trim 300 jobs at Arkansas headquarters in effort to cut duplication
By Chuck Bartels, AP Business Writer - Yahoo Finance.com
February 3, 2010

LITTLE ROCK, Ark. (AP) -- Wal-Mart Stores Inc. is cutting 300 administrative jobs at its headquarters as it completes a yearlong series of changes to improve performance. The company has cut almost 14,000 jobs in the past 13 months.

Wal-Mart President and CEO Mike Duke told employees about the latest layoffs in a memo on Wednesday.

"With this last major strategic piece in place, we are beginning our new fiscal year with every part of our business focused on being even more responsive to our customers," Duke wrote. He said the world's largest retailer trimmed its labor force to advance its strategy of improving its "growth, leverage and returns."

The 300 being laid off this month at the company's Bentonville, Ark., headquarters include workers in corporate affairs, finance, human resources, information systems and legal departments, Wal-Mart spokesman Dave Tovar said.

Wal-Mart, which generated $400 billion in sales last year, has welcomed wealthier consumers trading down from higher-price stores during the recession. But it also has noticed financial strain among its core customers, including bigger swings in spending between paychecks.

Duke said an essential part of Wal-Mart's culture is always striving for greater efficiency. He said the company's new fiscal year, which began Monday, is off to a productive start.

"Last fall, we laid out three strategic priorities to deliver even more value for both customers and shareholders: growth, leverage and returns," Duke wrote. "Each move has been designed to help us become more global, take advantage of our scale, and move our business even closer to the customer."

The goal, company officials told investors in October, is to cut costs so it can lower prices for shoppers and in turn boost sales.

Wal-Mart, which has 2 million employees worldwide, has changed its global sourcing network and, last month, cut 11,200 jobs in its 600-store Sam's Club warehouse division when it turned over in-store demonstrations to an outside company. The cut amounted to 10 percent of Sam's Club's work force of 110,000. That cut included 10,000 workers, mostly part-timers, who offered product samples to customers and 1,200 workers who recruited new club members.

Sam's also closed 10 underperforming stores, which cost another 1,500 jobs.

A year ago, Wal-Mart cut between 700 and 800 headquarters workers in its real estate, apparel and health and wellness departments. That layoff followed a reduction in the number and size of new stores Wal-Mart said it would build. The company also plans to renovate many existing stores.

Wal-Mart said last week that it was realigning its U.S. operations in an effort to give more autonomy to executives in regional markets and reinvigorate U.S. growth. Vice Chairman Eduardo Castro-Wright said the changes would help the company better use its resources and "facilitate our growth as we seek to enter new markets and develop new segments across the U.S."

Wal-Mart isn't alone in trying to reduce overhead as consumers continue to spend carefully. Home Depot Inc., the largest U.S. home-improvement retailer, said last month would lay off 1,000 employees as it cuts three pilot programs and some support positions. The cut amounts to less than 1 percent of Home Depot's more than 300,000 workers.

Bookseller Borders Group Inc. announced last month it would lay off 164 employees -- less than 1 percent of its work force of 22,5000 -- to cut costs amid slumping sales.

Wal-Mart, which reports on its earnings Feb. 18, has experienced some softness in its U.S. business. In the most recent quarter, its Walmart chain saw sales at U.S. stores open at least a year fall 0.5 percent, though total sales rose 1.6 percent in stores abroad. Adjusted for currency fluctuations, international sales rose 12.1 percent.

AP Retail Writer Anne D'Innocenzio contributed reporting from New York.

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Social Security could be next to need a bailout
By Allan Sloan - Washington Post
February 2, 2010

Don't look now. But even as the bank bailout is winding down, another huge bailout is starting, this time for the Social Security system.

A report from the Congressional Budget Office shows that for the first time in 25 years, Social Security is taking in less in taxes than it is spending on benefits.

Instead of helping to finance the rest of the government, as it has done for decades, our nation's biggest social program needs help from the Treasury to keep benefit checks from bouncing -- in other words, a taxpayer bailout.

No one has officially announced that Social Security will be cash-negative this year. But you can figure it out for yourself, as I did, by comparing two numbers in the recent federal budget update that the nonpartisan CBO issued last week.

The first number is $120 billion, the interest that Social Security will earn on its trust fund in fiscal 2010 (see page 74 of the CBO report). The second is $92 billion, the overall Social Security surplus for fiscal 2010 (see page 116).

This means that without the interest income, Social Security will be $28 billion in the hole this fiscal year, which ends Sept. 30.

Why disregard the interest? Because as people like me have said repeatedly over the years, the interest, which consists of Treasury IOUs that the Social Security trust fund gets on its holdings of government securities, doesn't provide Social Security with any cash that it can use to pay its bills. The interest is merely an accounting entry with no economic significance.

Social Security hasn't been cash-negative since the early 1980s, when it came so close to running out of money that it was making plans to stop sending out benefit checks. That led to the famous Greenspan Commission report, which recommended trimming benefits and raising taxes, which Congress did. Those actions produced hefty cash surpluses, which until this year have helped finance the rest of the government.

But even then, it was clear the surpluses would be temporary. Now, years earlier than projected, Social Security is adding to the government's borrowing needs, even though the program still shows a surplus on paper.

If you go to the aforementioned pages in the CBO update and consult the tables on them, you see that the budget office projects smaller cash deficits (about $19 billion annually) for fiscal 2011 and 2012. Then the program approaches break-even for a while before the deficits resume.

Social Security currently provides more than half the income for a majority of retirees. Given the declines in stock prices and home values that have whacked millions of people, the program seems likely to become more important in the future as a source of retirement income, rather than less important.

It would have been a lot simpler to fix the system years ago, when we could have used Social Security's cash surpluses to buy non-Treasury securities, such as such as government-backed mortgage bonds or high-grade corporates that would have helped cover future cash shortfalls. Now it's too late.

Even though an economic recovery might produce some small, fleeting cash surpluses, Social Security's days of being flush are over.

To be sure -- three of the most dangerous words in journalism -- the current Social Security cash deficits aren't all that big, given that Social Security is a $700 billion program this year, and that the government expects to borrow about $1.5 trillion in fiscal 2010 to cover its other obligations, about the same as it borrowed in fiscal 2009.

But this year's Social Security cash shortfall is a watershed event. Until this year, Social Security was a problem for the future. Now it's a problem for the present.

Allan Sloan is Fortune magazine's senior editor at large.

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5 Questions for Thomas Wilson
By Sandra Block, USA TODAY
February 1, 2010

Thomas Wilson, 52, is the chairman, president and chief executive officer of Allstate and Allstate Insurance. He joined Allstate in 1995 from Sears Roebuck, where he was vice president of strategy and analysis. Prior to Sears, he was managing director of mergers and acquisitions at Dean Witter Reynolds from 1986 to 1993. Wilson is vice chairman of the Federal Reserve Bank of Chicago. A native of St. Clair Shores, Mich., he holds a master's of management degree from Northwestern University's Kellogg School of Management and a bachelor's degree in business administration from the University of Michigan.

Q: A new poll by Allstate and the National Journal found that 55% of Americans believe the country is on the wrong track. Why do you think Americans have such a negative outlook?

A: We're seeing a continuing trend of people feeling like the economy is not working for them. What you see then, is this growing trust deficit. The trust deficit is growing faster than the fiscal deficit.

Americans are saying we don't trust business or government, and they point the finger at both. If you say, "Do you think we've learned our lessons from this economic downturn?" 70% of people say, "No."

Q: As the chief executive of a major publicly held company, what is your responsibility to address the lack of trust in business?
A: Part of it is making sure people's voices are heard. We need to do more things in our business to both inform and educate our customers about the risks they face.
If you ask people who do you trust, three-quarters of them trust themselves the most. That's not a surprise — Americans are pretty individualistic. Then you say, do you know enough about mortgage, credit cards and insurance, and more than half of the people say, "I don't know enough."

Q: Has the recession caused consumers to cut back on auto insurance?
A:
People are cutting back. I'm not concerned about it because I think it's in the range of acceptability in terms of what the risks are.
People are raising their deductibles and they're buying less insurance. I think if that's what it takes so you stay insured but you make your budget, that's a good choice. One of the other things we've been doing is try to simplify our products. You can buy standard, gold, platinum, value. We're seeing a lot of people who used to have gold or platinum buying value now.

Q: Some supporters of health care reform argue that mandatory health care insurance is analogous to mandatory auto insurance coverage, which is required by most states. Do you agree?
A:
We don't really have a strong view on what should happen or shouldn't happen.

I think there are some differences between health insurance and auto insurance. (The reason for mandatory) auto insurance is that I can directly hurt you because of what I do. The linkage on health insurance is a little less direct. I'm hurting you because I'm not taking care of myself, therefore, overall health care costs will go up. I don't think it's as clean a shot as auto insurance. If you ask consumers, they want to be able to choose. Consumers do not like to be told what to do.

Q: The earthquake that devastated Haiti last month was the worst in 200 years. Is there any way to prepare for something like that?
A:
We're quick to forget people knew that could happen, and people didn't build houses they should have built.
I think it should be a learning experience. Let's look at building codes for houses in the earthquake zones on the coast. They're not set up to actually protect people and their houses. In Florida, over a third of the homeowners are insured by a company called Citizens, which is a state company. If a big hurricane comes, Citizens isn't going to have enough money. Everybody knows it; everybody's hoping it doesn't happen; and when it does happen … you're going to have all this economic turmoil. You see this time and time again, and we never really learn our lessons.

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Allstate Agent Association:
Company to Terminate 3,000 Existing Agents
Insurance News Net.com
February 1, 2010

Thousands of existing Allstate agents are to be eliminated within the next two to three years as the company sheds those it thinks are not meeting specified production quotas, according to the National Association of Professional Allstate Agents.

Association Executive Director Jim Fish said more than 3,000 agents are being sent termination notices. Many agents are "older agents -- 50 to 60 years old -- who might be servicing their book of business and maintaining high retention and loss ratios, but that isn't enough for Allstate."

"They (Allstate) are looking to add high-value, production-oriented new agents" to hit marks on new business and premiums the NAPAA says are established by Allstate. Fish said the "so-called" Allstate independent agents are anything but, constantly controlled by the company in "every aspect of the business" from hours of operation and holiday schedules, to personnel requirements, Fish said.

Allstate spokesperson Maryellen Thielen said the company "has not set targets for agency numbers or size."

"We intend to grow and succeed with Allstate agencies," Thielen said.

"We’re providing incentives and tools for Allstate agencies to provide a consistently superior customer experience. We’re also incenting agents to grow and enhance the customer service their agencies provide. We’re actively recruiting new agents to further enhance and strengthen our local presence."

NAPAA President Bob Isacsen, who said Allstate "doesn't acknowledge we exist," said the insurer has used agents as a scapegoat for "ineffective leadership."

"You have non-insurance people running the company and running it into the ground, if you ask me," said Isacsen, who owned an agency for 21 years before selling about three years ago to retire. Isacsen, who is now the managing director of risk and insurance services at United Nations Federal Credit Union, said many agency owners will not be able to sell now due to a "dearth of available buyers."

Just before Christmas, a federal judge approved a $4.5 million settlement between the Equal Employment Opportunity Commission and Allstate Corp. to officially end allegations of age discrimination. A class of 90 older former employees of Allstate will share the award. Its lawsuit, filed five years ago, alleged Allstate Insurance Co. violated the Age Discrimination in Employment Act (BestWire, Dec. 22, 2009).

The EEOC alleged Allstate in 2000 began a reorganization plan in which it fired all of its sales agents and offered to make them independent contractors. Part of the plan said that former Allstate sales agents could not be rehired in other, nonagent positions for one year. In the lawsuit, the EEOC said that more than 90% of those agents were older than 40, making the hiring policy in violation of the federal ADEA (BestWire, Oct. 27, 2009).

Allstate said it chose to agree to the settlement to avoid further litigation costs but continued to believe its position was correct and that it would have prevailed in court.

In afternoon trading on Feb.1, shares of Allstate Corp. (NYSE: ALL) stock were selling at $29.83, down 0.33% from the previous close.

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Allstate may shed 20% of its agents
Insurer also raising expectations for agents, like target of generating annual premiums of at least $4 million per location
By Becky Yerak, reporter - Chicago Tribune
January 31, 2010

Allstate Corp. insurance agents are bracing for a shakeup that they say could winnow their ranks by about a fifth.

Howard Simpson counts himself among those on the chopping block.

An Allstate agent in central Ohio from 1967 until last month, Simpson said he was asked to either sell his agency by Jan. 1 or accept a $130,000 termination payment. Allstate was unhappy, Simpson said, because the number of policies in his portfolio fell 1.5 percent, or about 30 accounts.

"I had negative growth, but the company's was down more than that," said Simpson, 68.

In 2008, Allstate saw a drop in policies on its books — down 1.8 percent for autos and 4.2 percent for homeowners — as well as a loyalty score shy of company goals.

When an Allstate manager issued what Simpson saw as an ultimatum, his gallows humor kicked in: "I'm assuming Tom Wilson will be leaving the same day I'm leaving?" he said of the chief executive of Northbrook-based Allstate.

The National Association of Professional Allstate Agents expects Simpson's lament to become increasingly common in coming years as more agents are let go.

"We believe Allstate is planning to eliminate between 3,200 and 3,300 agents by 2013," said Jim Fish, the association's executive director.

Allstate, which has 14,700 exclusive agencies and financial representatives, in 2008 wrote premiums of $26.6 billion, or $1.8 million an agency. That was down 2 percent from 2007, a trend Allstate blamed on declining new car sales, a weak housing market and tough competition.

Allstate's new agency targets include generating annual premiums of at least $4 million per location, having one licensed employee for every 1,000 policies, and reaching certain loyalty goals, Fish said.

"The company wants to get rid of agents who aren't actively producing new business," he said. "The ones taking care of customers and servicing the book — they're not interested in keeping those agents because they think they can service those policies at a call center."

Allstate said the opportunities have never been better for agencies "committed to providing outstanding service."

"We're providing incentives and tools for Allstate agencies to consistently provide a superior customer experience," said Maryellen Thielen, a company spokeswoman.

At least one Allstate agent said the new goals are doable.

Jim Towns, an Allstate agent in Addison for about 20 years, expects to meet the $4 million premium mark at each of his three offices and will staff to future company standards.

"The company feels that if you have these economies of scale, you'll be able to take care of the customers" better, Towns said. "They want you to answer the phone, they want you to be in your office, or have someone who is licensed taking care of the customer."

In a 24/7 world, the customer expects more, said Towns, who has seven full-time workers and two part-timers. "My offices are open six days a week, and four of us have iPhones and are accessible when the customer needs us," he said.

Allstate said it is providing agents with incentives to grow and is actively recruiting new agents.

"Our goal is to grow and succeed with Allstate agencies," Thielen said. The company said customer loyalty rose through the first nine months of 2009, but auto and home policies in force declined 1.3 percent and 4.1 percent, respectively, in the third quarter.

Many affected agents will have difficulty selling their shops because of the dearth of available buyers, partly because of tighter financing. So there could be a glut of agencies on the market, Fish said.

Two dozen Illinois agents are advertising on Allstate's Web site trying to sell their businesses. In August 2008, there were only two.

Meanwhile, the prices that the company's agencies fetched fell through 2009, according to the Allstate Agency Value Index. The index is measured by PPC Loan, a Woodlands, Texas-based loan originator for Allstate agents, and is based on Allstate agency sales.

"From the first quarter of 2007 to the end of 2009, the average value for which an Allstate agency has been sold has dropped from the peak of 2.95 times renewal commissions to 2.46 times," said the fourth-quarter report, released Tuesday. That's partly due to a more realistic perception of Allstate agencies by potential buyers, it said.

As of year end 2009, components of the Agency Value Index are at their lowest levels since at least 2005.

The good news: Agency prices have begun to stabilize, and the weeding out of less-effective agencies could boost values in the future, the report said.

"My cell phone has been ringing off the hook by agents told that they'll receive, or have already received, a 90-day termination notice," Bob Isacsen, president of the National Association of Professional Allstate Agents, noted in a letter to members.

Allstate wants to set minimum staffing standards to reduce the time the office is closed for lunch or vacation and cut down on instances of phones not being answered, Fish said.

It's hard to argue against the benefits of proper staffing, but it's only one reason customers defect, Fish said, noting that they sometimes leave because of prices. Many agents being terminated have customer retention rates exceeding 90 percent and earn the company at least $500,000 a year in profit, he said.

"Plus, they've been loyal to the company for decades," Fish said. "Their only fault is that they have not been able to meet their quotas in a difficult market."

Simpson, the Ohio agent, had found one buyer willing to pay his asking price of $450,000. But he said Allstate wouldn't approve him. Simpson, who is now self-employed after starting a mobile notary signing service, eventually found an approved buyer and sold his agency for $370,000.

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Five myths about America's credit card debt
By Robert D. Manning - Washington Post
January 31, 2010

They're yuppie food stamps. They give new meaning to the question "paper or plastic?" And they're in everyone's wallet. Americans have nearly 700 million all-purpose bank credit cards, plus nearly 500 million retail store cards -- and they have transformed how we live and consume. Today, Americans are more dependent on credit than savings, a radical departure from the last major economic crisis, in the 1930s. Congress's effort to change that, with the Credit Card Accountability, Responsibility and Disclosure (CARD) Act, signed by President Obama last spring, is set to go into effect in a few weeks. But it won't fix everything. Or maybe not much of anything. Here are the myths that muddle our understanding of how we've racked up so much credit card debt.

Middle-class American families have long depended on bank credit cards to manage their budgets. 1. Not true. Consumer credit originated with local merchants that offered "open book" credit to cement customer loyalty and increase sales. As major retail chains and malls replaced small shopkeepers in the 1950s and '60s, stores such as Sears and Montgomery Ward issued credit cards for the same reasons. But if you didn't like what Sears had to offer, you couldn't use its credit card anywhere else.

Universal or bank cards such as Visa or MasterCard were reserved for high- and upper-middle-income households. They were offered to reward the banks' best customers (after all, how many toasters could you use?) and served as "loss leaders," as most cardholders paid off their monthly balances. Until the early 1980s, bank credit cards were a symbol of high social status, used mainly for convenience rather than need. This was the inspiration for the color-coded cards that emerged in the 1980s and 1990s: Fiscally responsible "convenience" users wanted to be distinguished from less credit-worthy consumers with a "platinum" card.

More people have credit cards because companies got better at managing risk and began marketing to lower-income customers. 2. Mostly no. Credit card use expanded dramatically during the golden age of the industry -- beginning in the early 1980s -- because deregulation suddenly allowed high interest rates and penalty fees, and credit cards became a major engine of bank profits. In 1978, a Supreme Court decision effectively ended consumer interest-rate limits and the federal usury law. After the 1981-82 recession, industrial restructuring shifted demand for bank loans from manufacturing companies to individual households, and national banks aggressively pushed for deregulatory policies, in line with the '78 decision. A 1996 Supreme Court ruling that ended state-regulated limits on credit card fees furthered that cause. Today, only nonprofit credit unions, as mandated by Congress, must abide by an interest rate ceiling of 15 percent.

As more and more people were preapproved for credit cards in the '80s and '90s, the "free" credit used by the most affluent households was subsidized by the high interest rates and penalty fees paid by the most financially distressed. A carefully guarded secret of the industry is that about a quarter of cardholders have accounted for almost two-thirds of interest and penalty-fee revenues.

Responsible cardholders will have to pay more to make up for the defaults of irresponsible consumers. 3. False. Although credit card companies are experiencing record default rates, irresponsible consumer borrowing is not the main culprit behind soaring interest rates and fees. Banks have suffered far more from mortgage foreclosures and home-equity loan defaults. Major banks encouraged their credit card divisions to relax their standards at the end of the financial bubble; more customers went deeper into credit card debt. Those customers were encouraged to refinance their mortgages, generating high fees for the banks. Banks then sold credit-card-debt-backed securities to institutional investors around the world. When the bubble burst in September 2008, banks could not sell these low-quality securities. They were stuck with poorly performing credit card portfolios. For cardholders, the central problem is that the credit card industry's business model is fundamentally flawed; bankers want consumers to foot the bill for its reengineering through higher interest rates and fees.

As deregulation gave rise to conglomerate financial institutions, credit cards continued to serve as marketing "loss leaders" through the bundling of other financial products such as loans, brokerage fees and insurance to higher-income cardholders who typically paid off their monthly charges. With the recession, these other bank revenues have declined sharply, which has increased pressure on credit card companies to boost profits.

The credit card industry is so competitive that regulation is unnecessary. 4. Rather than a self-regulating and intensely competitive market of more than 5,000 issuers, the credit card industry is one of the most concentrated in the nation (and it's increasingly being hit with allegations of monopoly practices). The top three issuers -- Bank of America, Citibank and Chase -- control more than 60 percent of outstanding credit card debt. Consumer choice has declined over the past 20 years as economies of scale for marketing, administration and customer service have led thousands of card issuers to cash out to the largest banks.

The CARD Act finally protects consumers against the credit card industry's most abusive practices. 5. Yes and no. Although touted by the Obama administration as a major consumer achievement, the long-awaited CARD Act, which goes into effect Feb. 22, offers a mix of overdue protections and surprising omissions.

Some of the worst industry practices are prohibited, including billing systems that generate finance charges on paid-off balances, retroactive interest-rate increases on past balances less than 60 days late and unrestricted marketing to consumers under the age of 21 who don't have an independent source of income.

On the negative side, Congress stipulated a nine-month phase-in period for these regulations. For millions of Americans, especially those suffering from employment and income interruptions, this is too late. If you're in debt today, this bill doesn't help you. Companies already have jacked up interest rates, sharply reduced lines of credit, increased service fees and diluted the value of loyalty reward programs. These trends have brought consumer credit scores down, triggering higher borrowing costs and greater difficulty finding work.

But there is a silver lining to falling credit scores and fewer preapprovals for cards: More people are learning that when it comes to plastic, you can leave home without it.

Robert D. Manning is the author of "Credit Card Nation" and "Living With Debt." He was the editorial adviser to the 2007 documentary "In Debt We Trust" and is the founder of the Responsible Debt Relief Institute.

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Good Things in Store for Wal-Mart
By Alexander Eule - Barron's.com
January 29, 2010

A major reorganization and an upgrade by Goldman Sachs are welcome news for the underperforming stock.

WAL-MART SHARES WERE left behind during the market mania of 2009. It could finally be catch-up time.

Last night, Wal-Mart Stores (ticker: WMT) announced a significant reorganization that it promises will "ensure that every part of our business is becoming more global, leveraging our scale, and moving closer to the customer."

Today Wall Street is applauding that news, along with an upgrade from Goldman Sachs.

Goldman upgraded Wal-Mart stock to Buy from Hold. "With expectations seemingly muted, we believe the bar is low for Wal-Mart," Goldman analyst Adrianne Shapira wrote in a note to clients. "Given the shift in macro factors in its favor (improving food inflation outlook, better foreign exchange) and company-specific initiatives (cost cuts, improved global sourcing), we see a beat-and-raise EPS scenario unfolding for Wal-Mart in 2010."

Shares are up 2.1% today, but the stock still looks cheap, with shares fetching just 13.9 times expected-earnings per share for the next 12 months. Wal-Mart, over the last five years, has traded at a median multiple of 15.4 times forward earnings.

The stock is up just 12% over the last 12 months, compared with a 29% increase for the S&P 500 index. Wal-Mart disappointed investors in November when it reported a negative same-store sales figure.

The structural changes are surely an attempt to cut costs and boost margins by taking greater advantage of Wal-Mart's massive scale.

Among the changes are a new global merchandising center and a partnership with a new buying agent.

"We believe the new organization and partner are game-changers that should finally enable Wal-Mart to more readily seize the opportunity to leverage its scale, lower its cost of goods, accelerate its speed to market and improve its quality," Shapira wrote. "Its peers have capitalized on this margin opportunity, and now Wal-Mart has the structure and plan in place to seize its share."

Wal-Mart also said it was consolidating U.S. operations across three divisions called Wal-Mart West, Wal-Mart South and Wal-Mart North.

We're generally skeptical about such realignments, but it in this case it could portend a larger shift in strategy. David Strasser at Janney Montgomery Scott wrote today that "the segmenting of the operations by region could be a precursor to a more aggressive rollout of smaller/urban stores."

John Lawrence, an analyst at Morgan Keegan, tells Barrons.com that today's announcement is one more effort to cut SG&A, or selling, general & administrative expense, a focus since Mike Duke became chief executive last February.

Lawrence points to recent changes at Sam's Club, as another example of the effort. "It's all about getting the returns up in every division, and they just continue to look for opportunity to squeeze out more productivity," Lawrence says.

As for opportunities, investors should take advantage of the one being presented in Wal-Mart's stock.

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Walmart, others cut TV prices in Super Bowl run-up
By Nicole Maestri, Reuters
January 29, 2010

Wal-Mart Stores Inc is cutting prices on high-definition TVs ahead of the U.S. Super Bowl championship game, looking to entice shoppers to spend now that the holiday season has ended.

In its U.S. Walmart stores, the discounter is also getting more vocal about promoting its in-home TV installation service, an offering that it said is helping shoppers become more comfortable buying larger, and often more expensive, TVs.

"We do know that there are customers who are not all do-it-yourself type customers, they do want professional help for installation," said Alex Cook, senior category director for consumer electronics at Walmart U.S.

Starting on Sunday, Walmart is cutting prices on select high definition TVs by $30 to $300. It will offer a Vizio 55-inch 1080p LCD TV for $1,298, or $200 off; a Sony Bravia 46-inch 1080p LCD TV for $778, or $300 off; and a Vizio 32-inch 720p LCD TV for $368, marked down by $30.

Electronics retailers typically roll out discounts ahead of the Super Bowl to entice shoppers to buy a new TV to watch the game. This year, the National Football League's Super Bowl is being played on February 7.

Sears has launched an ad campaign featuring Minnesota Vikings quarterback Brett Favre, and on its Website it is offering 5 percent off LCD TVs $499 and over.

Best Buy Co Inc is cutting prices on TVs, offering a Samsung 46-inch 1080p LCD high-definition TV for $1,599.99, a price cut of $900. It is also promoting its Geek Squad TV installation service.

In a playful twist, Target Corp is promoting Super Valenbowl -- a celebration of the Super Bowl and Valentine's Day. For the event, it is highlighting low TV prices and touting its home delivery and installation services.

U.S. retailers just completed a better-than-expected holiday sales season. Holiday retail sales rose 1.1 percent in 2009, according to the National Retail Federation, beating its own forecast for a 1 percent drop in sales for the November-December period.

The question now is whether that momentum will continue into 2010. Many electronics retailers offered rock bottom prices on TVs during the holiday season -- prices lower than many of those now advertised for the Super Bowl.

Cook said Walmart knows customers are watching their discretionary spending, which is one reason it is highlighting the new price cuts for the Super Bowl.

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Wal-Mart Combining Some US Units in Streamlining Move
By Miguel Bustillo and Karen Talley - Dow Jones Newswire
January 28, 2010

Wal-Mart Stores Inc. (WMT) is consolidating its U.S. realty, store operations and logistics divisions, which will operate under three geographic business units, as the world's biggest retailer aims to improve efficiency and lower operational costs.

Wal-Mart said Thursday it plans to break up its U.S. business into North, South and Western regions, each of which would have its own real estate teams to scout and build new stores, and merchandising teams to fine-tune the mix of products sold to suit local tastes. The new model more closely resembles the company's international operations, which are headed by country presidents with similar teams working underneath them.

"This is consistent with what they have been doing on the merchandising side as they have sharpened their focus on the specific needs of the local consumer," said Sarah Henry, retail analyst with MFC Global Investment Management.

Taking broad strokes makes sense, since "when you have a mature retailer, your focus is on bringing out productivity per square foot," Henry said. "This a good use of their analytic power."

Wal-Mart "is always looking for ways to be more efficient and this seems like a logical step," said Peter Wood, a senior vice president who follows retail companies at Chase Investment Counsel, a money management firm.

Wal-Mart's U.S. stores chief, Eduardo Castro Wright, who will oversee all three new regions, wrote in another memo the new structure would "facilitate our growth as we seek to enter new markets."

He suggested that the regionalized approach would lead to different new store formats around the country. The company is aligning its store planning team with a customer experience team, a move that "will also support our efforts to accelerate our speed to market with new formats," Castro Wright said.

Rosalind Brewer has been named an executive vice president and president of the Southern region. Previously, she was president of the Southeast division for Walmart US.

Hank Mullany has been promoted executive vice president and president of Walmart North. He was previously president of the Northeast division of Walmart US.

Eric Zorn, president of Walmart Realty, and Johnnie Dobbs, executive vice president of logistics, will remain in their positions, with their roles expanded as the operating groups are aligned, the company said.

As of Feb. 1, Wal-Mart is transferring the responsibility for store merchandising from its market team to zone merchandise supervisors, a move that will cause the elimination of market team jobs. Wal-Mart did not disclose the number of jobs being lost.

Wal-Mart is also aligning its Puerto Rico business with that in the U.S. as a way of leveraging its U.S. buying power.

The moves follow Wal-Mart's announcement on Sunday that its Sam's Club division would lay off 11,200 workers as it restructures its in-store demonstrations unit.

Wal-Mart shares closed down 1.5% to $52.61, and were unchanged in late trading.

 

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Is This Guy the Next Buffett?
By Chuck Saletta - The Motley Fool.com
January 27, 2010

When Warren Buffett first took control of Berkshire Hathaway (NYSE: BRK-A), it was a struggling textile manufacturer. Rather than invest an incredible amount of additional capital in a vain attempt to keep that business competitive with cheaper offshore rivals, Buffett let it die off.

Instead of throwing good money after bad, Buffett used the cash the textile business generated in its dwindling days to invest elsewhere and diversify the company. That decision helped turn Berkshire into the insurance and investment giant it is today, and paved the way for Buffett to become a multibillionaire. It's a great story of his investing prowess and the benefits of intelligent capital allocation -- but it also helped accelerate the original Berkshire's demise.

Is history repeating itself?
Perhaps as a way of foreshadowing things to come, Eddie Lampert is often described as "the next Warren Buffett." A hedge fund manager, Lampert took control of the once-bankrupt K-Mart and used his financial prowess to leverage that investment in fellow retailer Sears. The resulting Sears Holdings (Nasdaq: SHLD) is a marriage of two struggling former titans, both of which are worth more to Lampert as asset plays than as retailers.

Both Sears and K-Mart own plenty of valuable real estate, bought decades ago and held on the books at depreciated historical cost. Even in today's real estate slump, Lampert can sell off those buildings and land to book profits and raise cash to invest elsewhere. In addition, while the combined company continues to struggle with accounting profitability, its operations still generate solid free cash flow.

And in Buffett-like fashion, Lampert is very concerned about overinvesting that cash in an existing business that's unlikely to provide a decent return. As a result, there's a very real chance that Lampert may do what Buffett did for Berkshire: doom Sears and K-Mart, the retailers, to save Sears Holdings, the overall company.

That shouldn't be a surprise. After all, both Lampert and Buffett are value-focused investors who care about a company's ability to generate cold, hard cash. The more, the merrier. And both those top-tier investors are even happier when that cash flow can be bought cheaply. After all, the less they need to invest to get that cash flow, the more productive their capital can be.

Invest like those market masters do
Cash flow is of such paramount importance to these greatest of capital allocators that they'd rather see a company's business line die than to invest in something that won't generate cash. If you want to follow in their investing footsteps, you too should make cash productivity a key metric you seek in the companies you're partially buying in the stock market.

Fortunately, it's fairly straightforward to find companies that generate significant amounts of cash. Just look for businesses with strong free cash flow (which is frequently measured by turning to the cash flow statement and subtracting capital expenditures from operating cash flow). It's an easy -- and critically important -- metric to measure, but because it's not typically reported by automated screening tools, it's one that's often overlooked.

And because free cash flow is so easily overlooked, you can often find companies trading at single-digit multiples to their realized cash-generating ability. Like these, for instance:
 
Company                 Market Capitalization     Free Cash Flow        Market
                                            (in Millions)               (in Millions)        Capitalization-to-
                                                                                                    Free Cash Flow Ratio

Pfizer (NYSE: PFE)                 $151,546                   $16,563                  9.1
AT&T (NYSE: T)                       $149,472                  $19,252                  7.8
Comcast (Nasdaq: CMCSA)    $  44,819                  $  5,362                  8.4
Honeywell (NYSE: HON)          $  30,499                  $  3,190                  9.6
Lockheed Martin (NYSE: LMT) $  29,023                  $  3,871                  7.5

Data from Capital IQ.

As long as there are investors more concerned with accounting earnings than a business' true cash-generating capability, you will find chances to buy cash flow on the cheap. In so doing, you're following in the footsteps of some of the greatest investing minds of our time.

If it works for them ...
At Motley Fool Inside Value, we've seen just how successful investors like Buffett and Lampert have been, thanks to their laser-like focus on buying cash generation on the cheap. We're proud to have adopted their strategy as our own, and we've been sharing in some of their success as a result -- outperforming the S&P 500 by an average of eight percentage points per recommendation since the service's inception. If you're ready to join us in following the path those greats have blazed, click here to start your no obligation, 30-day free trial.

At the time of publication, Fool contributor Chuck Saletta did not own shares of any company mentioned in this article. Sears, Pfizer, and Berkshire Hathaway are Inside Value selections. Berkshire Hathaway is also a Motley Fool Stock Advisor pick. The Motley Fool owns shares of Berkshire Hathaway and has a disclosure policy.

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Retailers try new survival strategies for 2010
By Jayne O'Donnell, USA TODAY
January 26, 2010

NEW YORK — The recession pushed shoppers to pick necessities over discretionary items, discounts over luxury. But retailers hope to shift such behavioral changes further in coming months, affecting what consumers will buy, pay and experience at stores.

"Retailers are following through on their strategy to get their houses in order during the recession so they are positioned to be strong players as the recession ends," says Dan Butler, vice president of retail operations for the National Retail Federation, which held its annual conference here this month. "Whether it's technology, product assortment or sustainability, they're asking themselves, 'How can we be smarter about meeting the needs of our customers quickly?' "

The NRF said today it expects retail sales to rise 2.5% in 2010, up sharply from a 2.5% sales decline in 2009. Increasing sales often means responding to what consumers want, such as reasonable prices. But many times, the changes are designed to ensure retailers' survival, such as when they reduce inventory so they don't have to resort to deep discounting. Sometimes it does both: Macy's strategy of offering customers different merchandise around the country allowed the company to downsize its corporate headquarters.

Such changes will continue in 2010; here are four ways shopping will be different:

1. What you can buy

Retailing is more competitive than ever, so stores have to focus on exactly what the customer wants to buy, says Kevin Sterneckert of the retail advisory firm AMR Research. They need to have a store-by-store sense of how much to stock.

The 2009 holiday season was the trial run of retailing's new less-is-more buying philosophy. Largely positive retail sales and earnings reports bore out the wisdom of the strategy.

Stores will continue to under- rather than over-buy so they don't have to resort to costly — for them — clearance sales.

Using software that closely monitors what's selling where and at what price, they're also trying to offer what consumers are likely to want at prices they'll be willing to pay.

Aside from eliminating deep discounts, retailers are well aware of the psychological allure of limited quantities.

Whether it's J. Crew's conservative ordering, Target's limited-time-only designer duds or Ruelala.com's one-day- only sales, consumers often buy when they fear they won't get another chance.

"I never saw anyone go out of business because they didn't have enough of something," former Neiman Marcus and J.C. Penney CEO Allen Questrom said at the NRF conference.

Sameness is out, too. Until recently, whether you shopped at a teen retailer or a department store, merchandise differed little among competitors. Teen stores were filled with jeans and graphic tees; department stores with Ralph Lauren and a host of other popular designers. With online competition, stores must offer "must-have" merchandise that shoppers want so badly they "can't wait three days," Betsy McLaughlin, CEO of teen retailer Hot Topic, said at investment bank Financo's annual CEO event, also in New York.

Stores are also rapidly adding more private-label or exclusive merchandise that they hope will draw shoppers to them rather than some other store.

J.C. Penney, for example, has launched more than 20 private-label or exclusive merchandise lines since 2006, including brands by celebrity designers Mary-Kate and Ashley Olsen and former model Kimora Lee Simmons.

These only-at-Penney brands now make up 50% of the stores' sales. Starting this fall, Penney will also be the only place where you can buy the Liz Claiborne or Claiborne brands, other than QVC.

2. How much you'll pay

Everyone from the CEOs of Family Dollar to Saks talks about "value" these days. But that doesn't mean stores are going to be doing much deep discounting in 2010. That's so last year. The trend going forward will be more regularly scheduled sales and more-attractive starting prices.

Even the dollar stores are having to go more downscale. Family Dollar CEO Howard Levine says his stores focused on $5 gift promotions over the holidays and will continue to stress necessities over nice-to-haves such as apparel and furnishings.

Retailers also will be using smaller packages and making cheaper versions of products that they can charge less for, says Janet Hoffman, retail practice leader for consulting firm Accenture.

Retailers are using software to help them analyze the precise prices they need to boost sales without cutting too much into profit margins.

"They're taking the art out of retailing and making it more of a science," says Jill Puleri, retail chief for IBM Global Business Services.

"This (holiday) season was very well-planned, while in the past it was a triage," she says. "We'll see this continue."

3. What you'll see in stores

Stores will be geared more toward service and the education of consumers about products. They'll also be a lot more fun.

With consumers shopping less often, "When they think about going out, you want them to think about you," says Chris Dull, president of franchising for NexCen Brands, which owns chains including The Athlete's Foot, MaggieMoo's and Marble Slab Creamery.

Events and entertainment are becoming increasingly common in stores and malls.

"As online sales go up, retailers have to get creative to get people in," Hoffman says. "There will be more tastings, more demos and more gimmicks to get them in the door."

•From Thanksgiving through Christmas, Macerich's 72 malls had "Freebie Fridays," with retailers offering free gifts and promotions. Even if people are shopping less, they "are still looking for a great experience and an enjoyable time," says Macerich spokeswoman Rebecca Stenholm. But it's more than just a good time: "Events must be directly linked to driving sales."

•Many stores in the sporting goods chain The Athlete's Foot, now called TAF, are being recast as either urban-oriented fashion retailers or suburban-oriented running stores, depending on where they are and what customers they serve.

Eric Gustavsen, whose company worked on the TAF redesign and rebranding, says retailers have to offer stores and products in the way consumers want them. Both types of stores will still have merchandise to suit all consumers, but modular store designs will allow more flexibility in what's front and center.

•The American Eagle store in Manhattan's Times Square displays billboard-size photos of customers modeling their new purchases. Puleri, whose company counts American Eagle among its clients, says customers have told the retailer they went to New York just to get their picture taken at American Eagle and to achieve what Puleri calls their "15 minutes of fame."

•British fashion retailer Topshop, whose lone U.S. store is in New York City, has a photo studio where a professional will photograph its young customers with their friends and then post the pictures to their Facebook pages.

"Consumers have stated now that they are willing to help retailers through co-creation and collaboration," Puleri says. "It's about getting the buzz back around retail and what's going to differentiate these retailers."

4. How green stores will be

Stores, including L.L. Bean, are being redesigned to be more environmentally friendly. The number of "green" products is being increased at Wal-Mart, Target and other stores. And you may find yourself paying for the privilege of using a plastic bag — or being rewarded for reusing — at more stores.

Much of the environmental emphasis is behind the scenes and focused on saving energy to save money. When it comes to energy, "Any savings immediately hit the bottom line," says Peter Graf, who heads sustainability for the business software company SAP.

L.L. Bean stressed sustainability, a priority among its nature-minded customers, in its new prototype store in Mansfield, Mass. The carpet and rubber for floors were made of recycled materials, and most other construction materials were chosen with green qualities in mind. Redesigned stores will also feature more interactive and educational services, including fly-fishing and biking classes.

But store shelves are looking greener, too.

The energy consumption of many flat-panel TVs has been reduced by a third, and all the laptops at Wal-Mart are compliant with the federal Energy Star program, which sets strict energy-efficiency guidelines. Wal-Mart also says it is working to develop a "sustainability index" that would help consumers evaluate the green-ness of any products they buy.

Target launched the Loomstate brand of organic men's and women's fashions last spring for a limited time and plans new designer versions of environmentally sustainable merchandise this year. Target stores now sell green-friendly Seventh Generation and Method home products and more than 700 organic food items.

Last fall, Target began offering shoppers a 5-cent discount for every reusable bag used. CVS, Whole Foods and Trader Joe's offer discounts for reusable bags as well. Hoffman, who lives in San Francisco, where retailers are prohibited from using disposable plastic bags, expects more stores to offer discounts on reusable bags and for those that have plastic bags to consider charging for them.

Graf, who lived in Germany for 34 years before moving to the U.S. 10 years ago, says he was paying 10 cents for a plastic bag when he was a little boy. He agrees the free plastic bag may soon be a thing of the past.

"The days where you can go into a grocery store and get 15 plastic bags" are numbered, he says. "The more people start being concerned about it, the more they'll expect (retailers) to be responsible."

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Follow-Up - Sears Holdings: Leave It on the Shelf
By Jonathan Laing - Barron's
January 25, 2010

WE PAINTED A GRIM PICTURE OF THE future of Sears Holdings in our Aug. 24, 2009, cover story, "Washed Out."

As we saw it, the company (ticker: SHLD), controlled and operated by onetime hedge-fund superstar Edward Lampert, was suffering from years of underinvestment in the stores and lackluster merchandising.

As a result, the falling sales figures and shrinking margins Sears had suffered under Lampert during his five years of running both Kmart and Sears were bound to continue, until Sears one day just faded away. Yet the stock, trading at about 66 at the time of our story, has pushed up to more than 100 in the past month.

Sears' stock has leaped to more than 100 since our cover story. Some of the impetus came from the company's announcement earlier this month that all-important fourth-quarter sales, though down from a year ago, wouldn't be as bad as expected. Thus, the company expected profit of between $190 million and $270 million, or $1.61 and $2.29 a share.

That set off a spasm of covering in the heavily shorted stock. Few of the retailer's 116 million shares are available for either shorting or covering shorts, and the annual "borrow," or cost to shorts to maintain their position, stands around a punishing level of 20%. Lampert's hedge fund alone owns approximately 57% of the shares outstanding.

Another major holder is Bruce Berkowitz's Fairholme Fund (FAIRX), which has pushed its ownership interest in the past year to around 13%.

Berkowitz was recently named Morningstar domestic stock-fund manager of the year and decade as a result of his reputation for having a keen sense of value stocks. Except in major holdings like Sears and Florida real-estate concern St. Joe Co. (JOE), he seems to gravitate toward thinly traded, low-quality companies with big short interests.

Finally, other long-term holders in Sears, such as the Tisch family, allow Lampert and acquaintances to tie up nearly 80% of Sears stock.

So short squeezes are both frequent and vicious in Sears. The high borrowing costs of the shares pressure the shorts whenever a corporate announcement of even mildly promising proportion hits the tape. Also, time costs the shorts dearly.

Lampert may be a nonpareil stock operator, but he has proven a lousy retailer. Sooner or later, that reality will obtrude and lay both the company and its shares low.

-- Jonathan R. Laing

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The Worst Stocks for 2010: Sears Holdings
by Alyce Lomax - The Money Times.Com
January 22, 2010

Many consumers seem to have forgotten that Sears and Kmart even exist. Once 2010 is done, Sears Holdings (Nasdaq: SHLD) shareholders may want to forget, too. A few promising signs do suggest that the retailer could still escape a Circuit-City-like fate -- but even so, its shares remain way too expensive. I predict 2010 will be a sad year for this stock.

Better isn't good enough
Sears investors recently got very excited when the company announced that December same-store sales squeaked up by 0.4%. In addition, impressive comps strength at Kmart actually offset weakness at its namesake Sears stores. The company was also able to increase its fourth-quarter earnings guidance to a much greater profit projection than analysts had been expecting.

These are admittedly heartening signs that Sears might not be quite as bad off as struggling retailers like Borders Group (NYSE: BGP) or Blockbuster (NYSE: BBI). But these glimmers of hope from Sears shouldn't lull investors into a false sense of security. If anything, they might give Sears shareholders a great opportunity to cut and run.

Considering the ruthless competitive landscape in retail, it's a miracle that Kmart was able to perform as well as it did during the holidays. Tough rivals in the discount segment abound, including Wal-Mart Stores (NYSE: WMT), Target (NYSE: TGT), and Costco (Nasdaq: COST). I'd argue that all three of those names have much stronger brands and customer loyalty than either Sears or Kmart.

Regardless of whether famed hedge fund manager and Sears chairman Eddie Lampert is involved -- his mere presence often seems to make some investors bullish about Sears' future -- Sears and Kmart are both old-school names that lost their brand luster a long, long time ago. Lampert's long-expected magic hasn't really improved operating performance at Sears.

This stock's too pricey!

Meanwhile, recent investor euphoria over Sears has turned it into an overpriced retail stock doomed to stumble. Like Abercrombie & Fitch (NYSE: ANF), there's a massive disconnect between its operational performance and the surge in its share price.

Sears' shares are up 136% in the last 12 months. Even if you include Sears' earnings projections of $3.36 to $4.06 per share for the upcoming quarter, the company's still trading at 44 times earnings at best, and 64 times earnings at worst. Given its still-plunging sales, this stock's been boosted on little more than hope.

Consider a few of Sears' key metrics compared to major rivals:

Company P/E (TTM) Forward
Full-Year P/E
PEG Ratio
Sears    N/A 45 4.3
Wal-Mart 16 14 1.3
Costco 24 18 1.5
Target 18 14 1.1

*All data from Yahoo! Finance as of Jan. 19, 2010.

Sorry, folks. Sears clearly looks like the massive, overpriced loser when compared to its major rivals in the discount retail space. Check out its crazy forward price-to-earnings ratio and the astronomical PEG ratio. (Not to mention its "not applicable" trailing P/E, since Sears hasn't even been profitable in the last 12 months!)

Sears couldn't seem to pull off its long-promised turnaround even during economic boom times. Will it really fare better during a major recession? Sears fans who hope the company can surprise analysts with its future growth may be pinning their hopes on a feat far beyond the company's reach. Fools, beware.

A terrible stock for 2010?

Keeping a stock like Sears in your portfolio could be the kind of mistake that costs you a fortune. Who wants to have that kind of regret when contemplating their new year's resolutions for 2011?

There are obviously cheaper stocks out there with far better historical growth (and more growth potential), not to mention superior brands and customer loyalty. As I pointed out in the table above, Wal-Mart, Costco, and Target all look like far more reasonable stocks for investors' portfolios.

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Former Kmart Chief Conaway Loses Bid to Reverse Jury Verdict
By Margaret Cronin Fisk and Steven Raphael
Bloomberg.com
January 21, 2010

Former Kmart Corp. Chief Executive Officer Charles Conaway lost a bid to reverse a 2009 jury verdict finding him liable for misleading shareholders in the months before the retailer filed for bankruptcy in 2002.

The U.S. Securities and Exchange Commission sued Conaway in 2005, accusing him of duping investors in the management discussion and analysis, or MD&A, portion of a third-quarter 2001 securities filing and during a Nov. 27, 2001, conference call. Conaway failed to tell investors that Kmart faced a cash shortage and was delaying payments to vendors in the months before it filed for bankruptcy, the SEC said.

A federal jury in June found Conaway hid information about the company’s cash shortage, aiding and abetting Kmart’s misstatements. U.S. Magistrate Judge Steven Pepe in Ann Arbor, Michigan, yesterday denied Conaway’s request for a new trial or a judgment erasing the jury’s finding.

“The record supports a conclusion that Conaway provided ‘substantial assistance’ to Kmart in the commission of the fraud and the MD&A inadequacies,” Pepe said in his 211-page decision. “The jury could conclude that Conaway was the driving force behind the fraud in its inception, and in the lies and non- disclosures that perpetuated it.”

The judge didn’t rule on the SEC’s request for other penalties including fines.

Penalties Sought
The SEC asked Pepe in court filings on Sept. 25 for $12.7 million in penalties, including the return of a $5 million retention loan to Conaway that Kmart had forgiven. The SEC initially sought more than $20 million. The SEC also asked Pepe to bar Conaway from working as an officer in a public company.

“We are very disappointed,” Scott Lassar, Conaway’s lawyer, said in an e-mailed statement. “We will wait until the judge rules on the SEC request for penalties” before deciding whether to appeal, he said. Kmart sought bankruptcy protection Jan. 22, 2002, subsequently shedding 599 stores and firing about 57,000 workers. Conaway was fired in March 2002.

The company exited bankruptcy in May 2003. Kmart Holding Corp. later bought Sears, Roebuck & Co., creating Sears Holdings Corp., based in Hoffman Estates, Illinois.

The SEC said Conaway was responsible for the company’s failure to disclose that delaying vendor payments was a primary source of working capital.

‘Never Honest’
Conaway hid the company’s financial situation from the Kmart board and “was never honest with the vendors,” SEC lawyer Alan Lieberman told the jury in Ann Arbor at the beginning of the civil trial in May. Lieberman said yesterday the agency would provide a statement later.

Kmart began delaying payments because of a cash crunch set off by an “extraordinary” $850 million purchase of inventory in the summer of 2001 by the company’s chief operating officer, “made without the approval or knowledge of other senior managers of the company,” the SEC said in its complaint. Kmart didn’t disclose the “inventory overbuy,” the government said.

In the third-quarter conference call, Conaway blamed slow payments on a new system that had caused invoices to be dropped, the SEC said in its complaint. “These statements were false and misleading,” the government said.

Conaway testified at a hearing in September that he didn’t withhold any important financial information. Kmart did experience a cash crunch in late 2001 and used payment slowdowns to help deal with it, Conaway testified. “We reversed and corrected it and it worked,” he said.

Liquidity Crisis
Conaway testified that Kmart faced a new liquidity crisis in January 2002 as a result of slow sales and a tight credit market. This was compounded by an analyst’s report that month saying the company was heading for a strategic bankruptcy, he said. The report set off “the proverbial run at the bank,” Conaway testified. “I made plenty of mistakes,” Conaway testified of his management of Kmart. He said he spent too much time in the field while trying to turn around the struggling retailer, leaving corporate governance and legal issues to others at the company.

In a lawsuit brought by Kmart creditors, Conaway was cleared of allegations that he contributed to the bankruptcy, his lawyer said in court in September. An arbitration panel determined Conaway did nothing wrong, Lassar said.

The jury found the statements in the 2001 quarterly filing were materially misleading and Conaway was responsible in part, Pepe said.

“The jury could reasonably assume that Mr. Conaway knew, or was reckless in his stubborn refusal to acknowledge, that Kmart’s liquidity discussion in its MD&A for the third quarter could not cavalierly ignore the most significant liquidity crises in Kmart’s history,” Pepe said.

“The jury could also find that Mr. Conaway took multiple and decisive steps, including repeated deceptions, to assure that these disclosures were not made,” he said.

The case is Securities and Exchange Commission v. Conaway, 05-cv-40263, U.S. District Court, Eastern District of Michigan (Ann Arbor).

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Struggling Sears Scrambles Online
By Miguel Bustillo and Geoffrey Fowler - Wall Street Journal - Page 1
January 15, 2010

Five years after hedge-fund billionaire Edward S. Lampert brashly merged Sears and Kmart, the storied merchants keep shrinking.

So on the fourth floor of its grand Chicago flagship that epitomizes the 20th-century approach to shopping, a team of 180 e-commerce whizzes is searching for fresh ways to sell Kenmore appliances and Craftsman tools in an age of iPhone apps and Twitter.

The group—a brain trust that includes veterans from Web stalwarts such as Amazon and Orbitz—is giving a digital makeover to Sears, the 124-year old merchant that rose to prominence on the strength of its eclectic mail-order catalog.

Over the past 12 months, Sears Holdings Corp. has launched a flurry of Web sites and mobile-phone applications in an attempt to stretch sales beyond the physical borders of its aging stores. The strategy, dubbed "Shop Your Way," is to market millions of items virtually, as well as in retail outlets, while offering various delivery and pickup options. As the main Sears Web site now boasts: "Buy online, then go to the store and get your item within five minutes."

Among other things, Sears is testing a concept called MyGofer that consists of converting an entire Kmart into a pickup-only site for Internet orders, replete with a drive-through. Over the holidays, Sears managed to boost revenues with a new take on an old sales lure: online layaway.

Like most companies trying to exploit the Internet, the once-mighty Sears isn't exactly treading new territory. What it is attempting is a fast game of catch-up to stay relevant in the brutal retail sphere. "We have taken the good ideas out there and evolved them," says Imran Jooma, the company's senior vice president of e-commerce. "We are trying to create an assortment online that is almost limitless."

When Mr. Lampert combined Sears and Kmart into one company, he promised the sum of the new entity would eventually be worth more than its parts. That hasn't happened, as mass merchants such as Target Corp. and Wal-Mart Stores Inc. have continued to wrest away market share. Sears's revenues fell 7.8% last year to $46.8 billion; its same-store sales have dropped off every year since the merger.

Management, meanwhile, has been in flux. Mr. Lampert—who is chairman and controls the majority of Sears's shares through his ESL Investments Inc. and its related funds— has no chief executive in place. Kmart veteran W. Bruce Johnson has served as interim CEO since Aylwin Lewis was forced out in 2008. Mr. Lampert, who doesn't like to fly, rides herd over most major decisions from his offices in Connecticut, according to current and former executives.

Jim Barr, hired away from Microsoft Corp. in 2008 for the job of online president, left the company late last year. Mr. Barr declined to discuss his departure, as did the company. Mr. Lampert and Mr. Johnson both declined to be interviewed.

In light of the turmoil, Sears' 2.0 venture is now among the most closely watched in the industry. The outcome, say analysts, could also be a matter of life or death for the Hoffman Estates, Ill., company.

"When I walk through Sears, I feel I have to hold my nose sometimes. But if I know they have the lowest price because I researched it online, I will go, and others will too," says Love Goel, the head of retail private-equity firm GVG Capital Group. "The question is whether there is time to grow the online business while the knife on the stores is falling."

Sears executives say that the online business has increased by double digits in the past two years. It notched an estimated $2.7 billion in 2008, about 6% of total company sales—more than Wal-Mart's $1.7 billion, according to trade publication Internet Retailer. During the critical 2009 shopping month of November, unique visitors to Sears.com and Kmart.com grew by 22% and 42% respectively, according to Compete Inc.

Most traditional merchants, including Sears, first launched their e-commerce efforts about a decade ago. But many initially managed online and offline branches as separate channels competing for the same customers, including Kmart, which operated a side venture called Bluelight.com.

The emphasis has shifted under Mr. Lampert. Known for ruminating over every expense, he is loath to pour money into Sears's crumbling stores, say people familiar with his thinking. He is far more bullish on Web ventures, with their small capital requirements and vast potential audiences. While e-commerce represents between 5% and 7% of U.S. retail today, many in the industry believe the figure might grow to be as high as 20%.

"If they can do this right, it may save the company," says Maggie Gilliam, president of the retail consulting firm Gilliam & Co. "There is a sea change happening in retail right now and it is not clear what stores are going to look like in 10 years, so why spend money now? It may make sense for some companies, like Wal-Mart, as a defensive posture, but that is not the position Sears is in."

On a recent morning at the flagship Sears in downtown Chicago, the youthful, caffeine-fueled team of e-commerce designers and engineers was abuzz. Among their latest projects: mobile applications that tap into smart-phone global-positioning systems and offer customers merchandise based on their location: Yankees sweat shirts in New York, Dodgers caps in Los Angeles.

To test their phone creations, the engineers descend into the department store with handsets and grab customers in the aisles. To obtain feedback on Web sites, workers take shoppers upstairs to a small laboratory that resembles a recording studio.

Inside, testers sit across a plate-glass window from the subjects and speak to them via microphone while a camera watches their eyes wander the computer screen. A recent quiz gauges shopper reaction to a new application that lets people check out shoes from every angle.

"We are not batting a thousand. There are failed apps," says Tom Emmons, a former programmer for the Orbitz.com travel site who spearheads Sears's mobile e-commerce team. "But we are being asked to take risks, and we're taking them...If you look at the demographics of our shoppers and iPhone apps, there doesn't appear to be a lot of overlap. But people use this stuff."

To Mr. Emmons's surprise, customers are buying things like lawn tractors on their iPhones as well as electronics and clothes, suggesting a potential audience broader than foreseen.

Sears has also been tapping into the power of social-networking sites as a way to drive sales and win customer loyalty. With the help of industry veterans at a Chicago company called Viewpoints Network, in the spring it launched sites called MySears.com and MyKmart.com. Combined, the sites now have 400,000 registered users.

Members can sign into the sites with their Facebook accounts to ask questions about products and review them. Company employees monitor the conversations to stay abreast of complaints and customer-service problems.

"You can quantify the value of the insights customers bring," says Viewpoints CEO Matt Moog. "If consumers are rating products very low consistently, that would trigger the merchandise person to talk to the manufacturer—and reduce returns."

The appeal of e-tailing is ultimately about scale. Amazon.com Inc., the largest online retailer, has managed to post record revenue in recent quarters, owing to a growing customer base and the efficiency of not having any physical stores.

To that end, Sears took a page from Amazon and eBay Inc. by creating the Sears Marketplace. Ramped up last July, the Marketplace lists items from other sellers on its Web pages in exchange for a cut of sales. For every purchase made through one of its new retail partners, Sears collects a commission of 7% to 20%. Thanks to the partnership, Sears said last week that its total online merchandise assortment now tops 10 million items. Other retailers, including Wal-Mart, are building similar marketplaces.

Despite its seeming advantages, the marketplace concept carries its own set of risks.

Jack Sheng is the CEO of eForCity Corp. which sells millions of electronics accessories through its own Web site as well as eBay and Amazon's marketplaces. As these online forums expand, he worries about oversaturation, and how Sears and others might emphasize competitors' offerings over his. "If we simply throw all the products at all marketplaces, will it dilute our own direct channels or will it bring in incremental sales, which we love?"

The marketplace is one of several ideas borrowed from e-commerce thought leaders. A new iPhone app, called Sears Personal Shopper, allows customers to photograph a passerby's shoes or other objects of desire and dispatch images to workers who can track them down for sale. Amazon launched a similar app in 2008.

The MyGofer concept is also a bit of a retread. As early as the 1960s, Service Merchandise allowed customers to browse items from catalogs and collect their items at pickup sites much in the same way. Wal-Mart is currently testing its own drive-through for online orders in Mount Prospect, Ill.—less than an hour from Sears's first pilot in Joliet, Ill.

MyGofer, though, is as much a rebranding effort as a sales tool. Moms in sport-utility vehicles pull up to kiosks to swipe their credit cards then wait while workers resembling hamburger-stand carhops bring out the goods they ordered earlier online. There's not a mention of Sears or Kmart in sight. Most of the old retail space has been converted into a warehouse. Hardly anyone steps inside.

Some retail experts have reacted with skepticism. Mara Devitt, a partner at Chicago based consulting firm McMillan Doolittle, thinks it is wise for Sears to try selling under new marquee names. But she tried MyGofer twice and left disappointed after finding the drive-through terminal broken. The MyGofer Web site was also replete with "rookie" mistakes, she said, such as failing to tell shoppers how much they were saving with promotions.

Still, efforts such as MyGofer represent a potential endgame for Sears, which confronts the big hurdle of transforming its real-estate holdings in second-tier malls and downtowns throughout the U.S. Retail analysts estimate that Sears is operating at least 400 money-losing stores that it cannot afford to close because the short-term costs would exceed the savings.

To help spread the word about MyGofer, workers known as "guides" have been dropping by day-care centers and community events in hopes of building an organic following. But as employees stood outside the bright green MyGofer facade in Joliet recently, beckoning passersby, some people seemed confused.

"I didn't even know what it was until someone told me," said Megan Diaz, who headed for a Target store instead. Asked whether she would ever consider the newest incarnation of Sears, the 21-year-old student at Joliet Junior College replied, "I don't really shop at those stores."

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Founding Prodigy Chief Created Online Services for Consumers
By Stephen Miller - Wall Street Journal
January 13, 2010

After selling and manufacturing some of the first business computers, Theodore Papes helped create one of the earliest online services for consumers.

Mr. Papes, who died Jan. 8 at the age of 81, led the development of Prodigy Services Co., a digital enterprise that provided online news, email, shopping and other services years before the World Wide Web.

A joint venture of International Business Machines Corp. and Sears Roebuck & Co., Prodigy was meant to introduce online services to a mass audience. Founded in 1984 and rolled out regionally starting in 1988, Prodigy caught on with the help of intensive marketing. In 1991, it passed the million-subscriber mark. But not long after, it began to flag in the face of competition from rivals such as America Online.

"We were the pioneers, but we ended up with some arrows in our back," says Les Briney, Prodigy's director of technology.

Mr. Papes, a career IBM executive who had led the company's European operations and systems products divisions in the 1970s, was appointed in 1984 to head the new venture, which initially included CBS as a third partner. From Prodigy's White Plains, N.Y., headquarters, he oversaw focus groups and software developers as they decided what might appeal to consumers on a dial-up computer network.

They settled on a mix of services that foreshadowed today's Internet, though with key differences. Prodigy featured a graphical user interface, one of the first at a time before Microsoft's Windows had been widely introduced. Early competing services such as Compuserve Inc. were run with typed commands. Prodigy was supported in part with something similar to today's browser banner ads, custom-delivered according to the user demographics.

One of Mr. Papes's key moves was to convince Hayes Microcomputer Products Inc. to produce a low-price modem, one of the first aimed at the consumer rather than business market. Most home-computer owners at the time had no means of connecting their computer to a network.

"All the things we take for granted today were just pie in the sky," says Ross Glatzer, who worked alongside Mr. Papes at Prodigy.

Some experiments, such as online grocery shopping, were failures. But others, like online flower ordering, airline reservations and stock quotes, gained more traction. More surprising to Prodigy's designers was the popularity of its email and bulletin-board systems. The bulletin boards became the center of controversy in 1991 when it emerged that Prodigy pre-screened and deleted postings. A few months later, the company was again in the spotlight when it defended on free-speech grounds the rights of users to post anti-Semitic hate messages.

The intense debate surrounding the bulletin boards foreshadowed many fights over freedom of expression on the Internet. But it was hardly the kind of thing Mr. Papes expected as a button-down IBM executive responsible for some of the most powerful business computers on the market.

The son of a Greek immigrant who established a home- furnishings business in Gary, Ind., Mr. Papes was president of his senior class in high school and a Navy veteran. He was hired out of college in 1952 by IBM, where he sold some of the earliest computers to banks. He later became an executive responsible for developing communications terminals, storage drives and operating systems. He moved quickly up the IBM hierarchy, becoming a vice president in 1968 at age 40.

Although he took on a series of more responsible positions, family members say, it became evident that he wouldn't become chief executive of IBM itself, and so in 1984 he was open to heading up a new online joint venture, initially called Trintex.

Three years later, when Prodigy was about to be rolled out, Mr. Papes told Fortune, "We're creating something so compelling that you'll say, 'I've got to have it.' "

First, though, users had to learn about it. Alvin Toffler, the author of "Future Shock," was hired to star in television ads promoting the service. Another spokesperson was journalist Linda Ellerbee.

"We were trying to change the way people had always done things," says Mr. Glatzer, who became Prodigy's CEO after Mr. Papes retired in 1992.

When Mr. Papes stepped down, Prodigy claimed 1.4 million subscribers. But the company soon began losing ground to rivals like AOL, which brought new marketing muscle, vibrant graphics and a Microsoft Windows platform to the nascent online world. Prodigy was sold by IBM and Sears to a private-equity firm in 1996 for a fraction of the companies' investment.

While Prodigy was eventually eclipsed by its rivals, the company played a pivotal role in introducing the early home-computer users to online networking, says Barry Berkov, former executive vice president of Compuserve. "AOL would probably never have been successful without the mass promotion that Prodigy did."

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Sears makes retail change
Chicago Tribune
January 13, 2010

Sears Holdings on Tuesday tapped an outsider, who most recently worked in China, to head the Hoffman Estates-based company's retail services unit.

James Haworth, who will join Sears on Jan. 31 as an executive vice president and president of retail services, succeeds Kevin Holt, who will leave the company later this month "to pursue other opportunities," Sears said.

Haworth, 47, is charged with charting the strategic growth of retail services for Kmart and Sears stores. He most recently was chairman, president and CEO of Chia Tai Enterprises International Limited & CP Lotus, a Hong Kong-based investment holding company that operated shopping centers in China. He also spent 20 years at Wal-Mart Stores Inc., including a stint as chief operating officer.

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Lampert Fiddles While Stores Burn
Chicago Tribune.com
January 12, 2010

Analysis by: Kenneth Leonard
Analysis of: Sears Shares "Marketplace"
Published at: www.chicagotribune.com

Summary

An article ostensibly about Sears new online marketplace but one that reveals some never-before-revealed insights into the inner workings of the company.

Analysis

One of the first things a careful reader sees in this article is that the revolving door of senior executives continues to revolve. It is well known that few of the seasoned executives are willing to put up with Mr.Lampert's dictatorial style of micro management. This time it was the President of Sears online division, Jim Barr, the former Microsoft exec hired in 2008 with much fan fare to get Sears into thew internet business. He lasted just one year. Although Mr. Lampert has agreed to spend a few bucks to get this new "Marketplace" off the ground, it appears to this writer that it is hardly more than a classic case of retailing "slight-of-hand" to divert attention away from the cancer growing in the Sears store division.

The Sears stores fell another 6% on a comp store basis for the quarter. The Sears stores are down 8.8% for YTD on a comp basis. Yet Mr. Lampert is forecasting profits well above most industry analysts expectations. A neat trick that is only partially explained by the freeze on spending and a ruthless cost cutting program that many insiders say is long past cutting fat and now is cutting into muscle and bone.

There are two additional very wrong headed observations I have not seen in print in recent months that seem to continue to fascinate analysts the likes of Sean Egan of Eagan-Jones Ratings Co. and reporters like Sandra Jones of the Tribune. The first is the notion that Lampert "missed the market for selling Sears real estate". The second is that "the Sears ability to break leases has declined".

Both are way off the mark because most of the savvy analyst who follow SHLD have long since realized, (even if they have been unwilling to admit they were wrong), that SEARS NEVER HAD ANY OPPORTUNITY TO BREAK LEASES OR SELL UNDERPERFORMING STORES. The only stores that Sears could have sold were some of Sears highest volume producers and even Mr. Lampert is enough of a retailer to realize the fallacy behind that move.

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Sears names Wal-Mart veteran Haworth to run retail services
By Monée Fields-White - Chicago Business
January 12, 2010

(Crain’s) — Sears Holdings Corp. tapped James Haworth, former chairman of a retail investment holding company, to head its retail services business.

Mr. Haworth, 48, will join the Hoffman Estates-based retail chain as its executive vice-president and president of retail services. He replaces Kevin Holt, who’s leaving the company to “pursue other opportunities,” the company said.

For 20 years Mr. Haworth held various positions at Wal-Mart Stores Inc., including executive vice-president of operations for Sam’s Club and executive vice-president and chief operating officer of Wal-Mart.

Most recently he was chairman, president and CEO of Chia Tai Enterprises International Ltd. & CP Lotus, an investment holding company that operates shopping centers in China. He also founded Business Decisions Inc., a retail, merchandising and supply-chain consulting firm, in 2005.

“He brings a wealth of global retail experience, demonstrated success in retail operations, merchandising and strategic planning,” said Bruce Johnson, interim CEO and president of Sears Holdings. “We thank Kevin for his contributions to the company and wish him well in all future endeavors.”

Mr. Holt joined Sears in September 2007 as a senior vice-president and was promoted to head up retail operations in the midst of a re-organization at the retail chain, which divided the company into five business groups. Prior to Sears, he worked for 13 years at Meijer Inc., a privately held Grand Rapids, Mich. Grocer and general merchandise chain.

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Sears Holdings Names President of Retail Services Business Unit
Jim Haworth to Lead Retail Services for Nation's Fourth Largest Broadline Retailer
CNN Money.com
January 12, 2010

HOFFMAN ESTATES, Ill., Jan. 12 /PRNewswire/ -- Sears Holdings (Nasdaq: SHLD) announced today that James H. Haworth will join the company as EVP and president – Retail Services succeeding Kevin R. Holt who will be leaving the company to pursue other opportunities.

Haworth will be responsible for the oversight, leadership and strategic growth of retail services for all Kmart and Sears stores. He will serve as a member of the internal holding company business unit board of directors as well.

Haworth most recently served as chairman, president and CEO for Chia Tai Enterprises International Limited & CP Lotus, an investment holding company principally engaged in the operation of one-stop shopping centers within China. In 2005, he founded Business Decisions Inc., a consulting firm specializing in strategic product marketing for the retail, merchandising and supply chain industries. Previous to Business Decisions Inc., Haworth spent 20 years with Wal-Mart Stores, Inc., in roles of increasing responsibility including executive vice president of operations for Sam's Club and executive vice president and COO, Wal-Mart Stores, Inc.

"We're very pleased that Jim is joining our executive team," said Bruce Johnson, interim CEO and president of Sears Holdings. "He brings a wealth of global retail experience, demonstrated success in retail operations, merchandising and strategic planning along with a great understanding of how to create lasting relationships with customers. We thank Kevin for his contributions to the company and wish him well in all future endeavors."

Haworth, who earned a bachelor's degree from University of Central Missouri, will join the company on Jan. 31.

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Sears reveals online 'Marketplace'
Shares close at 15-month high

By Sandra M. Jones - reporter  - Chicago Tribune
Inside Retailing
January 8, 2010

Keeping quiet works when operating elite hedge funds, but it's usually not a great strategy when running a retailer.

For the past six months, Sears Holdings Corp. has been operating an online marketplace that allows third-party vendors to sell goods on its Web site. But few consumers knew about it.

Sears waited until Thursday to unveil "Marketplace at Sears.com," disclosing that its Web site carries more than 10 million products, including furniture, art, cosmetics, appliances, sporting goods and shoes.

Perhaps Sears could learn a lesson from Wal-Mart Stores Inc., which at the start of this decade also shunned the spotlight, but changed its strategy after too much bad publicity. Now, Wal-Mart goes out of its way to be heard, even as it spends relatively little on advertising.

Like Sears, Wal-Mart, the world's largest retailer, began selling merchandise from outside vendors on its "Walmart Marketplace" in August. But it took a different approach, bragging in a press release the same month that its Web site had 1 million new products.

By late fall, Wal-Mart's Web business dominated headlines. It initiated a price war over books with Amazon.com Inc. and sent Raul Vazquez, CEO of Wal-Mart's online unit, on a media tour preaching the retailer's newfound Web religion.

While Wal-Mart was going after Amazon this fall, Sears was dealing with another in a long line of executive defections. This time it was the president of Sears' online division, Jim Barr. The former Microsoft Corp. executive, hired in 2008 to ramp up Sears' Internet business, resigned late last year, Sears spokesman Chris Brathwaite said Thursday. Imran Jooma, senior vice president for Sears online, now heads the Internet division.

Sears chairman and billionaire hedge fund manager Edward Lampert made money by keeping his investment ideas close to the vest. That rarely works in retailing because merchants need to keep their names in front of consumers to remind them to visit the stores -- or their Web sites.

It's clear Lampert is keen to build Sears' Internet business, but true to his hedge fund roots, he hasn't talked much about it.

After missing the market for selling Sears' real estate, he turned his attention to reshaping Sears.com into a Web portal akin to a cyber version of the old Big Book Sears catalog. While Lampert drastically cut capital spending across the company, the Internet division got money to expand.

For now, Sears is holding on thanks to the trading down behavior of consumers who boosted sales at Kmart over the holidays.

Sears stock jumped 12 percent to close at a 15-month high of $99.18 Thursday after Sears said it expected its fourth-quarter profit to exceed last year's results, fueled by stronger sales at Kmart.

Sales at stores open at least a year, a key measure of retail health, fell 2 percent at Sears Holdings for the quarter to date, with sales down 6 percent at the Sears unit and up 2.6 percent at Kmart. For its fiscal year to date, total sales fell 5.2 percent, with an 8.8 percent drop at Sears and a 0.7 percent decline at Kmart. Kmart got a boost from assuming operations of its footwear business from a third party in January 2009.

Sears anticipates earning between $385 million and $465 million, or $3.36 to $4.06 a share, for the period ending Jan. 30, excluding special gains or charges.

"Eddie Lampert is becoming more of a retailer and less of a capital allocator given the fact that the ability to break leases has declined," said Sean Egan, managing director at Egan-Jones Ratings Co. "The company has dodged a bullet for this quarter."

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Sears expands online efforts
Chicago Tribune.com
January 7, 2010

Sears Holdings Corp. says it's letting third parties -- including some competitors -- sell things on its Web site.

The change adds more than 10 million products from 1,500 vendors to those available at the company's Web sites. A spokesman says that will more than double the number of products available on Sears.com.

The service officially began Thursday. It puts Sears in the company of Walmart.com and Amazon.com, which already sell millions of items from third parties.

Hoffman Estates-based Sears will receive a commission on sales made through the service, which it calls the Marketplace at Sears.com. It also will get a fee for listing the items.

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Sears Holdings expects 4Q gains on Kmart strength
Chicago Tribune.com
January 7, 2010

HOFFMAN ESTATES, Ill. - Sears Holdings Corp. expects its fourth-quarter adjusted profit to come in sharply above last year's results thanks to stronger sales at its Kmart chain -- a sign fortunes slowly may be improving for the long-struggling retailer.

The news Thursday morning sent Sears shares to a more than 15-month high, passing $100 per share -- something not seen since September 2008.

Sears and Kmart, both led by financier Edward Lampert, have seen shoppers flee to larger rivals with more prestige and more products at better prices. But late last year, glimmers of resilience began to emerge when shoppers returned to Kmart stores as the recession wore on.

On Thursday, Sears predicted a fourth-quarter profit between $385 million and $465 million, $3.36 to $4.06 per share, for the period that will end Jan. 30. Those figures exclude the impact of store closings, impairment and restructuring charges and gains and losses on hedge transactions. The company did not specify how great the impact of each exclusion could be.

Despite the wide range, Sears' forecast is sharply above the $2.65 per share expected by analysts surveyed by Thomson Reuters. Those estimates generally exclude one-time items.

During the same period last year, Sears' adjusted profit was $360 million, or $2.94 per share. That figure excluded one-time items, which often vary quarter to quarter.

For the full year, Sears anticipates an adjusted profit between $190 million and $270 million, or $1.61 per share to $2.29 per share, excluding one-time items.

Analysts expect a full-year profit of $1.10 per share.

Last year, Sears' adjusted profit amounted to $215 million, or $1.69 per share.

Meanwhile, the retailer said Kmart continued to show signs of life during the critical holiday season, helping Sears Holdings post a slight increase in a key sales figure for December.

The merchant, based in the Chicago suburb of Hoffman Estates, reported a 0.4 percent rise in sales at stores open at least a year for the period ended Jan. 2.

It was largely helped by a 5.3 percent increase in sales at Kmart stores open at least a year, where shoppers snapped up toys, home goods and clothing at the discount chain.

Sears typically doesn't release monthly sales results. Sales at stores open at least a year are a key indicator of retailer performance since they measure growth at existing ones.

Kmart began to show a glimmer of hope during the third quarter, when sales at stores open at least a year edged up less than 1 percent. While the improvement was small, it was the first time in at least seven years that the sales figure increased at the chain's stores.

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Sears sees profit above estimates
Reuters
January 7, 2010

(Reuters) - Sears Holdings Corp <SHLD.O> posted a slight rise in December same store sales, driven by Kmart, and forecast fourth-quarter earnings ahead of estimates.

The company, which has built a reputation for selling affordable home goods, said it expects to earn between $385 million and $465 million, or $3.36 a share and $4.06 a share, for the fourth quarter ending January 30.

Analysts on average were expecting Sears to earn $2.65 a share, according to Thomson Reuters I/B/E/S.

For December, Kmart same store sales rose 5.3 percent, while total comparable sales grew 0.4 percent.

Better sales of toys, home and apparel goods helped Kmart comparable sales for the month, as did its footwear business.

In January last year, Kmart took back its shoe operations from Footstar, which operated within the discount chain's stores but used its own inventory and staff.

Sears shares had closed at $88.87 Wednesday on Nasdaq.

(Reporting by Nivedita Bhattacharjee in Bangalore; Editing by Ratul Ray Chaudhuri)

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Several Retailers Boost Forecasts
By Joan E. Solsman - Wall Street Journal.com
January 7, 2010

Retailers generally reported December sales that exceeded Wall Street's modest growth expectations, leading numerous companies to boost forecasts.

Analysts had been expecting some retailers to increase their forecasts for the fiscal fourth quarter. Promotions during the holiday season were more limited and inventory planning more rational than the panicked discount pricing of last year. As a result, better earnings were expected even if traffic and purchases remained sluggish. The retailers boosting forecasts included Limited Brands Inc., Macy's Inc. and American Eagle Outfitters Inc.

Unusually cold weather and big snowstorms along the East Coast slowed sales, but stores appeared to compensate for any lost traffic from weather with online sales and strong business after Christmas. Macy's online sales were up 29% from a year earlier, for example.

Comparisons from last year started to ease in September after stores suffered for more than a year as consumers cut spending. This December's results follow last year's 3.6% drop in sales at stores open at least a year, according to Thomson Reuters. The results exclude Wal-Mart Stores Inc., which stopped issuing monthly sales figures in May.

A modest 2% increase was forecast for this December, with discounters continued sales strength expected to outperform the results at other retailers. Apparel retailers performed second best thanks to easy comparisons with last year's rough results. But further declines had been expected in teen and child retailers.

Discounter BJ's Wholesale Club Inc. posted a 2.7% increase excluding gasoline sales. The company said the growth would have been double that absent the mid-December snowstorm that socked the East. Larger rival Costco Wholesale Corp. had a 2% rise in the U.S. minus gasoline.

Unadjusted global same-store sales rose 9%, topping expectations. Target Corp. surprised analysts by posting a sales gain in December after two months of declines and said its fourth-quarter profit would beat expectations.

Teen and child retailers performed well, with the exception of Abercrombie & Fitch Co. Analysts had worried that the company's eagerness to discount this year—after maintaining a company tradition of avoiding promotions well into the recession—would hurt the retailer. Its same-store sales dropped a deeper-than-forecast 19%, compared with a 24% drop the previous year.

But Buckle Inc.'s 6.6% increase beat expectations in spite of a difficult comparison from last December, when it had double-digit sales growth. The company has been posting sales increases throughout the recession.

Among more generalized apparel sellers, those with a focus on low prices performed best. TJX Cos., which buys items below typical wholesale prices and sells them at steep discounts at its T.J. Maxx and Marshalls stores, posted a 14% jump in sales, more than double analysts' expectations. It raised its earnings forecast.

Gap Inc.'s and Limited Brands Inc.'s sales fell shy of analysts forecasts, but the results were good enough for Limited to boost its earnings outlook.

Department stores beat Wall Street forecasts across the board, with Saks Inc. and Nordstrom Inc. standing out in spite of their reputation for higher-priced items. The posted 9.9% and 7.4% sales increases, respectively. Sales expectations for the group were mixed but leaned to the downside.

Elsewhere, Sears Holdings Corp. set its fiscal fourth-quarter earnings estimate well above analysts' expectations as it reported a 0.4% gain in same-store sales. The company credited a 5.3% rise at Kmart stores to strength in toys, home furnishings and apparel. Sales at the Sears chain fell 4.3% amid weakness in high-ticket items like tools and automotive products.

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Liddy rejoins private equity firm
By Becky Yerak - staff reporter - Chicago Tribune
January 6, 2010

Edward Liddy, the former Allstate Corp. chief executive who was handpicked to run American International Group when the U.S. government saved it from a full collapse, has rejoined private equity giant Clayton Dubilier & Rice LLC.

Liddy had retired as CEO at Northbrook-based Allstate in December 2006 and as chairman of the nation's biggest publicly traded home and auto insurer in 2008.

He initially joined CD&R, based in New York and London, in spring 2008 as a partner.

In September 2008, when the U.S. government arranged a then-$85 billion bailout plan for AIG, then-Treasury Secretary Henry Paulson asked Liddy to step in as CEO. Liddy took the job for $1 a year.

During his AIG tenure, which ended in August, Liddy got hammered publicly by Congress and threatened by a public angry over bonuses paid to executives at the unit responsible for its biggest losses.

CD&R was founded in 1978. Its portfolio companies include Hertz, Culligan, HD Supply, Sally Beauty Holdings and ServiceMaster.

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Morgan Stanley Wins Ruling vs. Discover
By Aaron Lucchetti and Robin Sidel - The Wall Street Journal
January 6, 2010

Morgan Stanley won a legal ruling in its battle with former credit-card subsidiary Discover Financial Services Inc. over almost $800 million Morgan Stanley says it is owed.

In a ruling Monday, New York state Supreme Court Justice Barbara Kapnick ruled that Discover was obligated to pay the amount as a special dividend to Morgan Stanley.
At issue is money stemming from a $2.75 billion settlement payment Discover received from Visa Inc. and MasterCard Inc. as part of a 2004 lawsuit.

Morgan Stanley, which had acquired Discover in the 1990s as part of its merger with brokerage firm Dean Witter, spun off the card company into an independent entity in 2007. As part of the spinoff, the companies agreed that Morgan Stanley was entitled to receive a portion of Discover's settlement.

But Discover contended that Morgan Stanley had breached the spinoff agreement by meddling in the Visa-MasterCard settlement. It declined to pay the dividend.

That prompted Morgan Stanley to file suit against Discover in a New York state court last fall. Morgan Stanley claimed that it was owed $1.2 billion of the $2.75 billion settlement. After taxes, that comes to about $785 million, plus interest.

In Monday's ruling, Justice Kapnick wrote that "Morgan Stanley's alleged violation of" its spinoff agreement with Discover "cannot form a basis for excluding Discover's obligations" to pay the special dividend to Morgan Stanley.

The ruling means that Morgan Stanley stands to get that figure added to its bottom line in coming quarters, assuming the case isn't reversed on appeal.

Discover, of Riverwoods, Ill., said it intends to appeal the ruling, but said it has no effect on the claims for damages the firm is seeking from Morgan Stanley "for their breach of contract and tortious interference in settlement negotiations between Discover, Visa and MasterCard." Discover claims Morgan Stanley "engaged in unauthorized negotiations" and "negatively affected the outcome of our final settlement." Discover has sued over the settlement payment. The case is pending.

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5 Stocks Making Cash
By Rich Duprey - The Motley Fool.com
January 5, 2010

Had Jerry Maguire been an investor instead of a fictional sports agent, he might have become famous for yelling, "Show me the cash flow!"

Earnings come and go, and the green-eyeshade types can legally manipulate it to mask a company's true operations. Yet its ability to generate cash -- what comes in the register and goes out the door -- remains the preeminent indicator of company's worth. In short, cash is king.

Below, we'll look at companies that have proven them-selves prodigious generators of free cash flow (FCF) -- the amount of money a company has left over that it could potentially pay to its investors. We'll find companies that have generated compounded free cash flow growth rates exceeding 25% annually over the past five years, then pair them with the opinions of the more than 145,000 members of the Motley Fool CAPS investor intelligence community to see which ones might have the best chance of outperforming the market.

Company

Levered FCF
5-Year CAGR, %

CAPS
Rating
 Out of 5

Akamai Technologies (Nasdaq: AKAM) 53.6%

*****

GameStop (NYSE: GME) 75.7%

****

MasterCard (NYSE: MA) 33.8%

**

salesforce.com (NYSE: CRM) 25.9%

*

Sears Holdings (Nasdaq: SHLD) 25.7%

*

Source:
Capital IQ, a division of Standard & Poor's;
Motley Fool CAPS.
CAGR = compounded annual growth rate.

Generating copious amounts of cash doesn't make a company an automatic buy. But having looked at Enron's cash flows instead of its earnings would have saved many investors a lot of grief. Warren Buffett understands that the value of a company today is calculated by its discounted future cash flows, so use this list as a jumping-off point to dig deeper into the piles of cash.

Ka-ching!
One thing that happens when you make money hand over fist is competitors are attracted to your niche like moths to a flame. Network services provider Akamai Technologies might be the best stock to buy this year because it not only generates prodigious amounts of free cash flow, but revenues and profits have also followed this northward trajectory over the past five years.

Which means rivals like Limelight Networks and Amazon.com (Nasdaq: AMZN) want to horn in on what Akamai's doing, and causing some analysts to express consternation that Akamai's lower-tier customers will defect to the new entrants. Investors like CAPS All-Star member FreeMortal, however, shrug off the chance they'll be able to muscle in very far: Huge and expensive infrastructure and market share present a fairly deep and wide moat. They are pervasive, yet subtle. Just by cruising the web, your computer will communicate with Akamai servers more than Google.

If Google and Oracle had an 800 pound baby... More than 2,700 CAPS members have voiced their opinion on Akamai, and 96% of them feel it's going to outperform the market going forward. Head over now to the Akamai Technologies CAPS page and let us know whether the network services provider will continue to swing from the trees.

Laughing all the way?
Even if Sears Holdings manages to hang on for another Christmas or two, it's hard to imagine it will be competing in the marketplace from a position of strength. A series of ill-timed choices has eviscerated its customer base and slowly gnaws away at its once-vaunted cash hoard.

But it's equally hard to argue with the fact that somehow, some way, Sears does manage to make money. Not GAAP earnings, mind you, at least not consistently, but free cash flow, and value investors will argue that's the more important number to watch anyway. We'll have to wait to see how Sears did in the fourth quarter, but in the trailing 12 months ended last October, the hitherto-venerable retailer generated more than $1.5 billion in free cash flow, a hefty increase over the year- ago period.

Yet negative sentiment surrounding Sears is palpable. Fully 30% of CAPS members rating the retailer think it will underperform the market averages, let alone, as JackCaps says, rivals Amazon and Wal-Mart (NYSE: WMT).

It's not all doom and gloom, though. sheltonclan finds the bevy of well-known brands is Sears' saving grace: Over the long haul, the branding wrapped up in SHLD will pull through. Craftsman, Lands End, Kenmore, DieHard...these are BRANDS people want even if they don't consider themselves "Sears Shoppers." I think Lampert can pull it together.

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Sears Epic Pricing Error Leaves Hundreds With Canceled Snowblower Orders
By Meg Marco - The Consumerist: Shoppers Bite Back
January 5, 2010

A too-good-to-be-true deal that turned out to be a Sears pricing error got posted to Slickdeals.net -- and you can imagine the hilarity that ensued as hundreds of people tried to order snowblowers (sometimes 5 at a time, to resell on craigslist), only to be turned away when they tried to pick them up. According to the 1000-some comments on the slickdeals thread, some people did manage to pick up their item before Sears caught on, but reader BJ was not one of them. In fact, instead of being honest and explaining the error, BJ says Sears lied to him.

BJ says:
“I thought you would like to know about another Sears.com fiasco that is currently in progress.

On Sunday night I was looking for a snowblower online to replace my older one. I came across what I thought was a great deal at sears.com, they were offering 50% off on a few select snowblowers for Craftsman Club members, of which I have been for a long time. Not all snowblowers were included in the sale, but I found one that would more than do the job I needed it for, so I placed my order.

I received my confirmation email that the order was placed and to wait until the store was open to receive another email that it was ready for pickup. On Monday morning I received the email stating that my purchase was ready for pickup. While I was getting ready to go pick up said snowblower, I received a call from the store that I was picking it up at that they were canceling my order because they have over sold the snowblower.

My reply to the person from Sears on the phone was something like, "That doesn't seem right as I have received an email telling me it is in stock and ready for me to pickup." His response was something like "Well my store manager told me to call and let you know that you are not getting a snowblower as they have been over sold."
He was at least polite and stuck in a situation that I am sure he wasn't to happy to have to do. I figured something was going on so rather than argue on the phone, I thanked him for the call and hung up. I went to sears.com to check the status of the order and it still showed as valid and ready for pickup. I then checked my credit card and found that there was a charge pending on my account for the sale.
 

After doing some research online I ended up in the forums at slickdeals.net where they are over 900 comments on this particular sale. Some people were able to pickup their ordered snowblowers while others were denied at the store. Almost everyone that was denied was told it was a pricing error and corporate told the stores not to honor the sale. Other stores either didn't get the message or sold the snowblowers anyway to people for the 50% off. Well after reading all of this, I decided to wait as I no longer had the time to go and try to pickup the snowblower anyway. Throughout yesterday I kept reading the forum to see what other peoples experiences were, and it obviously varied greatly. Some got the snowblower, others were denied.

Well this morning I got an email from sears.com and I am forwarding it to you. They have officially cancelled my order and the reason given was due to the store I was picking it up at is unable to fulfill my order. Having followed this all day yesterday, I know they are not being truthful here. By checking online as of 9:30am 01-05-2010, I can clearly place an order for the snowblower at full price, and it shows in stock and ready for pickup. So why tell me they cannot fulfill my order when they clearly can? If it was a pricing error then tell me that, don't lie to me.

The things that are most disappointing are:
1. They are trying to cover up a price mistake online that they do not want to honor. Fine, but don't lie about it.

2. They charged my card, and first sent me a sales confirmation and then a pickup ready confirmation. Then they called and lied to me about why they would not honor the sale saying it was over sold. If I can order one and pick it up at full price then it is clearly not over sold.

3. They emailed me a cancellation a full day later and lied to me again, saying the store could not fulfill the order when it clearly can, just not at the price they have charged my credit card for.

4. I like to shop at Sears, however I don't like to be lied to twice, and charged for a product they will not allow me to have. I now have to wait for them to refund the charge.

Let me just say this, my garage is full of Craftsman Power and regular tools, tool storage cabinets, and tool boxes. In my barn sits a Craftsman 52" zero turn tractor bought last April, and a Craftsman dump cart. I also have a Kenmore Duel Fuel stove and many other appliances from Sears. My family wears Lands End clothes and shoes/boots from Sears. Our kids Christmas photos are taken every year at the Sears portrait studio. Oh and by the way, the snowblower I was looking to replace is also a Craftsman.

I certainly understand that mistakes happen. Am I disappointed that I didn't get the snowblower that many others were able to get? Sure I am, but I am mainly disappointed that Sears outright lied to me about it on the store (phone call) and corporate (email) level. Be honest and tell me it was a price mistake.

Honesty may have kept a customer in this case, but lying to me twice is completely unacceptable.”

We agree that Sears shouldn't have lied, but we also understand why they may have done so. There seems to be a pervasive urban legend that stores "are required by law" to honor pricing errors, and the sales person may have been tired of being yelled at.

If it were any other store but Sears, we'd suggest contacting executive customer service to explain that you didn't appreciate being lied to -- but honestly -- the Sears/Kmart hybrid beast doesn't care. We have yet to find functional executive customer service contact information for the company, and suspect that it doesn't actually exist.
More About:
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pricing error,
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Raekwon
January 5, 2010 12:00 PM
The "SlickDeals effect" strikes again!
Reply

hewhoroams
January 5, 2010 12:06 PM

I ordered this snowblower and when i spoke with Sears about it, they said Corporate contacted them to cancel all orders immediately and it was a price mistake.
Strangely enough while I was on the phone with Sears, I went to their website and ordered another one for the same price ($299). This flustered the woman on the phone a bit and they said they would call me back.

Unfortunately, when they did call back it was to tell me I was going to be shoveling snow this winter.
Reply
3 replies

nagumi
January 5, 2010 3:26 PM
Flag for review
That poor woman...
Reply

Hoss
January 5, 2010 1:23 PM
Flag for review
This doesn't feel like a pricing mistake at all. It's not like you bought a snowblower for $29.99. They had seller's regrets and the fact that they charged a credit card should be enough to demand a snowblower. This is fraud. I live in MA and we simply need to send a demand letter to outline the fraud and a remedy. You should look at your attorney general's web page to see if there is a procedure to remedy fraud.. Or call the AG office if you have time
Reply

Shadowfax
January 5, 2010 1:43 PM
Flag for review
Fraud generally required there to be a victim. You started with money, and no snowblower. And you ended with money, and no snowblower. Since you weren't materially harmed, and you didn't even have to leave your house, means that Sears is probably in the clear here.
That said, better PR to just cancel the sale and honor the orders already placed.
Reply

jvanbrecht
January 5, 2010 3:52 PM
I believe the point was, if I read the article right, that Sears actually did charge the customers (or atleast put a hold on the funds). that means no snow blower, and the money is not available.. to me, thats not neccesarily fraud, but definitely harm to the customer if they need that money at any point prior to sears submitting a release, or the banks doing it after a pre determined time frame.
Reply

squinko
January 5, 2010 12:08 PM
In some states, there are laws about having to sale an item for the price posted. In Michigan that law is the Fair Price Act of 1974, and it helped me get a nice $300 ring for $99 because the sales staff forgot to take down their sale pricing.
Reply
4 replies

shepd
January 5, 2010 1:57 PM
Let's also not forget that IRL, once money changes hands, there's no take-backs.
I question why it is legal on the internet to charge the card and not provide the product. Hold the charges UNTIL you provide the product and you avoid this issue if you have a pricing error.
But, IANAL.
Reply

dantsea
January 5, 2010 1:26 PM
Those pricing laws you mentioned are equally loved by stores because they're protected from having to honor obvious pricing errors. You were a beneficiary of an accommodating shop, and I hope you thanked them by continuing to give them your business in the future.
Reply

vesper
January 5, 2010 12:32 PM
Oh how I know that is true here in Michigan. In fact most times the sales person doesn't even wink an eye because they could care less about the lower price.
Reply

uber_mensch
January 5, 2010 12:32 PM
Your comments are not entirely correct.
"What if an item is marked the wrong price and the clerk catches it before I pay; am I entitled to buy the item at the price marked?
This is a fact-specific question best answered by a court. A store may not knowingly charge or attempt to charge a price higher than the price marked on the item. MCL 445.354. Therefore, the consumer may have a claim if the store will not sell the item at the price marked. However, the consumer may face obstacles convincing a court that the store knowingly charged the higher price when the pricing mistake is not intentional and will result in an obvious windfall to the consumer."
http://www.michigan.gov/ag/0,1607,7-164-34739_20942-134114--,00.html
Reply

impudence
January 5, 2010 12:09 PM
I disagree with your statement about the "pervasive urban legend" that stores are required by law to honor pricing errors. You are correct that stores are not required to honor pricing errors in that they do not need to commence the transaction at the wrong price. However, the situation here is different as the transaction was completed. Here the purchase has been made and paid for, sears is obligated to provide the snowblower at the price it was sold for.
Reply
5 replies

CTAUGUST
January 5, 2010 1:33 PM
"However, the situation here is different as the transaction was completed."
Incorrect. A sales transaction is not "completed" until merchandise has been transferred to the buyer. Sears stops the transaction before that. Therefore, it was never completed.
Reply

The_IT_Crone
January 5, 2010 12:56 PM
Only if they have already received the merchandise- they cannot charge more AFTER the transaction is complete. But orders can be canceled anytime, even after the person has been charged, as long as they are refunded.
Reply

cmdr.sass
January 5, 2010 12:52 PM
Incorrect. As long as they refund the money, they are not obligated to fulfill the order if there was a pricing error.
Reply

morlo
January 5, 2010 12:22 PM
Sears obviously could not operate an online store under those circumstances. It's true they should wait until shipment/pickup to charge though
Reply

admiral_stabbin
January 5, 2010 12:29 PM
100% agreed that they should not charge the card until shipment or pick-up
However, I'm not sure they're familiar with the concept of authorizing a transaction, and later capturing the funds. The Commodore VIC-20 they process all credit card transactions through probably doesn't have that "feature". ;-)
Reply

SBinVA
January 5, 2010 3:53 PM
His letter states there was a "PENDING" charge on his credit card, same thing as a hold.
It is unclear if Sears.com completed the processing of the transaction with the clearing house. If they did, they will have to issue a credit back to the card. If they didn't complete the processing through the clearing house, the hold drops off after a designated period of time.
Reply

Dooley
January 5, 2010 12:09 PM
The law MAY be on your side here. (Disclaimer: IANAL)
Facts:
1) You placed an order at the advertised price.
2) You were charged for that order, and have your receipt (Confirmation to pick up the order you paid for)
3) Now you OWN that snowblower, and are only awaitng delivery (in this case, delivery consists of you driving to the store to pick it up)
The key factor is the TERMS, and when did ownership actaully take place?
If, in fact, you are the legal owner (only awaiting pickup) and then they "cancel your sale" they are in effect stealing your item, and paying you for 1/2 of it's value (regardless of what you paid for it - if you paid $500 but you can sell it for $1,000 on Criagslist then the value is $500)
Something like this happened to me at a Best Buy, but in my case, there was no question of ownership. I paid for my items, they charged my credit card, and gave me my receipt, so in my case, the ownership was clearly mine. But then, over a disagreement from a previous visit, the manager saw me, recognized me, and TOOK THE RECEIPT OUT OF MY HAND, AND REFUNDED MY CREDIT CARD, telling me he won't accept my sale. (In hindsight, I should have held onto the merchandise and walked out, since I legally owned it, and the manager's actions were, in essense, THEFT, since I didnt ask for or authorize a return)
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4 replies

pinkbunnyslippers
January 5, 2010 12:58 PM
If you ask the bank/credit card, they'd say the charge was never finalized - it was sitting in "pending", meaning he didn't own squat. A bank won't even entertain a chargeback until the charge in question has moved out of that pending stage...So your "you own it and they stole it from you" argument doesn't hold much water...
Reply

Dooley
January 5, 2010 1:45 PM
Not quite.... That slip that I signed, contained wording that completed the transaction. The slip contained language to the extent that "I agree to pay back cardholder for the amount indicated" etc.
The sale was complete. Remove the "manager taking the receipt out of my hands" (It always goes straight into my wallet or pocket now, so nobody can take it) from the equation, and you have me walking out of the store with the merchandise and receipt, and the next business day the "authorization" on the part of the credit card (a third party here) becomes a charge.
Either way, once I signed that credit card receipt, card charged (even though it is still only in "authorization" at the bank's end) the sale was complete, and the merchandise belonged to me. Whether the bank converted the "authorization" to a charge immediately, or a month later.... I signed my signature, agreed to repay the bank, and have COMPLETED a sale.
Reply

Blinkman987
January 5, 2010 12:14 PM
I love how people think posting "IANAL" basically clears them to post their opinion on anything, even when it's terribly wrong.
Reply

Dooley
January 5, 2010 12:19 PM
Blinkman,
I'm sorry, should I have NOT said that I am not a lawyer? I'll be happy to do that next time, rather than clearly ease any sense of misrepresentation. I am NOT a lawyer, and as such, I may be incorrect.
Rather than just saying that I am "terribly wrong" would you care to elaborate on WHAT was "terribly wrong" and perhaps enlighten the rest of us as to what is "correct" please?
Reply

failurate
January 5, 2010 1:43 PM
Your #3 is not correct. Until the buyer takes delivery, the transaction is still open and can be cancelled by the buyer or seller. Having a paid order is not the same as having a snowblower.
Reply

Elcheecho
January 5, 2010 12:47 PM
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i've been charged for for the price of an item the retailer doesn't have in stock just to see if i have the $$ to pay for it so they can decide if they should order it from the manufacturer. Where does ownership come into it?
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Dooley
January 5, 2010 1:40 PM
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Ownership depends on the terms of sale....
For a retail sale at a store, ownership is transferred when you pay at the register, with your item in hand. Once you pay, have your receipt, you now own that merchandise (Unless otherwise specified, such as a DirecTV DVR that may still be "owned" by DirectTV and the price you pay at the register is equivalent to a "rental"
For online sales, especially when they deal with delivery... Often, ownership transfers when the item is handed off to the carrier. Again, it depends on the specific terms, as explained in the link below:
http://en.wikipedia.org/wiki/FOB_%28shipping%29
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ZeGoggles
January 5, 2010 12:11 PM
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This is why we can't have nice things.
It seems every time some great deal appears, the first thought in people's mind isn't "Oh.. I really need this and it is now available at a low price," but rather, "How can I cheat the system and how many of these can I buy and resell to make some sweet cash." Sad.
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3 replies

srh
January 5, 2010 3:12 PM
If I can buy a widget for $10 and turn around and sell it for $20, I'll do it. You wouldn't?
Is that really cheating the system? I'm sure the person buying the widget from me for $20 instead of from someone else for $25 doesn't think so.
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chargernj
January 5, 2010 1:48 PM
It's called capitalism. Buy low and sell high, people do it all the time. I'm sure Sear's does when buying from their suppliers. Is it somehow more ethical/acceptable when a corporation does it? Why should people assume it was a price error? Every once in a while store actually do sell products at a low enough price that people can then turn around and re-sell them at a profit.
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chargernj
January 5, 2010 1:46 PM
It's called capitalism. Buy low and sell high, people do it all the time. Why should people assume it was a price error? Every once in a while store actually do sell products at a low enough price that people can then turn around and re-sell them at a profit.
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dragonfire81
January 5, 2010 12:14 PM
"There seems to be a pervasive urban legend that stores "are required by law" to honor pricing errors"
Would it not potentially benefit consumers if there WERE some sort of uniform regulation on what companies are supposed to do in these situations? As it stands, every company handles it differently. Some honor the price, some don't. Some companies are nice about it and others treat like you are a thief or scammer for trying to get what apparently was an advertised deal.
These kind of "pricing error" fiascos are becoming more and more common it seems and I sometimes have a difficult time figuring out if a really good advertised deal is actually legitimate or yet another "pricing error".
I suspect a regional or district manager told the sears manager about the existing pricing error and told him to NOT under any circumstances sell snowblowers at that price point, even though they may have a bunch in stock. Store manager then tells the guy making the calls to customers who have already ordered to say the blower is "oversold" or make up some other BS reason to explain why it can't be picked up.
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1 replies

amuro98
January 5, 2010 7:23 PM
Each state has slightly laws dealing with this. I know CA has pretty strict laws, and apparently so does MI. With things like the internet, however, it would be nice if there was just one set of laws to follow. Since BJ placed his order on Sears.com, Sears could easily claim their servers are in some state that doesn't have such strict consumer laws, and therefore do not need to honor the price.
Of course he could still try taking his local Sears to small claims court and see what happens, but somehow I get the feeling that Sears would just stretch this out way beyond the point where it'd just be cheaper to buy an equivalent blower from Home Depot at full price.
Honestly, it should be real simple. If you place an order for an item at a given price, and the order is accepted, that's it. The store shouldn't be able to renege because of a pricing error. They must honor that price.
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lincolnparadox
January 5, 2010 12:19 PM
I had a similar problem happen with a walmart.com sale (I know, I know). Walmart canceled my sale via email, refunded my money, apologized profusely, and sent me a gift card to make up fr their mistake.
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2 replies

Loias
January 5, 2010 12:35 PM
So, you really DIDN'T have a similar experience at all (cynical, I know).
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Cyberxion
January 5, 2010 2:56 PM
Lincolnparadox had a similar experience with a different outcome. So no, it's not cynical of you, just pedantic and wrong-headed.
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TheMonkeyKing
January 5, 2010 12:20 PM
Pthhttp...everyone needs to read the small print on company's websites. Pricing errors are subject to cancellation. Period.
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2 replies

Nogard13
January 5, 2010 12:39 PM
Small print doesn't make it legal. If they put a in the small print that they are going to charge you for the item you purchased, but not deliver it for 10 years, do you think that would hold up? Of course not! Just because someone posts something in fine print doesn't mean that it is legal or final.

Case in point: I had my car broken into at a nice restaurant (while using valet parking). I noticed as soon as my car was returned to me, before I left the establishment. Even though they had a sign stating that "they were not responsible for valuables left in the car", I asked for a manager, and escalated from there. I called the police, filed a police report, and their insurance paid for everything I reported missing. So, you see, their sign meant absolutely nothing! It's just there so that people don't follow through with claiming their damages. The same holds true to that fine print you just mentioned.
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Velifer
January 5, 2010 2:10 PM
Yeah, a sign doesn't mean much. Dump trucks around here have "Not Responsible for Broken Windshields" signs, but an insecure load is a bad thing kids, even when your fancy sticker says otherwise. I show them my "Not responsible for brutal maimings" business card and let their insurance fix my window.
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admiral_stabbin
January 5, 2010 12:24 PM
One of my BFFs works at Sears.com in a specialized customer service role (not executive customer sevice). Thus, I often hear stories like this one. Let me tell you about my favorite...

It happened about a month ago. The Sears.com web site had a Sony Vaio notebook computer listed for ~$100. "Sears.com Associates" alerted their management, who checked with the vendor and told them it was a valid price. So, some of the staffers bought them. Why pass up a good deal, eh? Later that same day it was determined that the price was indeed incorrect (duh), and the orders were all canceled. A week or two later, the management staff pulled everyone aside that bought one of the notebooks and rattled their cages quite a bit with threats of termination.

There are also the occasional products products that shouldn't be on the site at all (anyone remember the Human Baby Grill from a month or two ago?). It leads me to conclude that Sears isn't ready for the Information Age.
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1 replies

ellemdee
January 5, 2010 3:28 PM
I've heard so many bad stores about Sears in-store pickup when ordering online...people placing orders and getting to the store, only to find that the store has no idea they placed an order, cannot give them their product, and refuses to issue a refund, leaving the customer to go back and forth with Sears.com customer service and Sears store customer service trying to get a refund for the item they never received.

I used in-store pickup there once, and it went ok...except their website said the store was out of stock of item of an that they had in stock. I ordered a substitute for the item I really wanted, only to discover tons of the item I wanted in stock and on the sales floor once I reached the store. I had to return the one I bought and exchange for the one I wanted. Guess it turned out ok, but their site should have just let me order the one I wanted in the first place. Kinda defeats the purpose of ordering online if I end up having to check stock in-store myself anyway.
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Nogard13
January 5, 2010 12:29 PM
Stores ARE required to honor price mistakes, so long as the price isn't so ridiculous that any reasonable consumer would have known (or should have known) that the price reflected an error, or that completion of the sale would result in an unreasonable economic harm to the business. Sears does 50% off all the time, so it's not unreasonable to expect the price and discount to be correct.

I have had two experiences with this, both with Circuit City. Both incidents included the items marked at a huge discount (one of them was a TV stand marked at $59 when the real item was supposed to sell for $399). Both times, Circuit City honored the price as marked, and then promptly removed the tag so that nobody else could purchase the item at that price. Both times I was told by the managers (two different stores, two different managers) that they were required to honor the price or else I could sue for "bait and switch".
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2 replies

The_IT_Crone
January 5, 2010 12:58 PM
The difference here is "advertised price." An online price is not the same thing, and is not governed by the same laws.
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Nogard13
January 5, 2010 2:17 PM
How is an online price not an advertized price? The OP not only saw the price, but ordered the item, was charged for it, and was ready to pick it up in-store. Companies can choose to not do business with you if the price is incorrect, however once the transaction is begun, they are bound to the price.
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RickN
January 5, 2010 2:30 PM
Legal citation for this requirement?
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GitEmSteveDave_AKA Haywood Jablome
January 5, 2010 12:31 PM
This is why I give my cell phone number to the stores when I order, and never answer calls if I'm on my way to pick things up. If you show up at the store with all the info, you're more likely to get sympathy b/c you made the trip, and also you're cell phone will show call times, which can help. Helped me get a camera from Circuit City for $-18.
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3 replies

nagumi
January 5, 2010 3:25 PM
negative 18?
Seriously?
They gave you 18 bucks?
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gargunkle
January 5, 2010 3:24 PM
They paid you $18 to take the camera?
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tekmill
January 5, 2010 5:31 PM
And this is why Circuit City went out of business....They paid customers to come into their stores...
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Megalomania
January 5, 2010 12:36 PM
Any sympathy I might have for the buyers is negated by that people were trying to buy as many as they could to flip for a profit. You know the deal is a fluke, or the people you're flipping them to would just buy them from Sears as well.
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1 replies

GitEmSteveDave_AKA Haywood Jablome
January 5, 2010 1:32 PM
I once found a great Staples Paper Shredder for $4.97 on their website, but you could only buy them in store. of course, in the store, their "intranet" showed the price as $14.97. I ended up having to go to 4 stores because two refused to sell to me(one manager called the next store and "warned" them about me trying to buy a product that was the correct price online as verified by Staples Web Customer Support)and the other two limited my purchases to 5 total. I kept one at home, put one in a closet, and the other three went to work with me, which I charged my manager the same price I paid. Sometimes people get a deal like this, and share it, not profit from it.
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cmdr.sass
January 5, 2010 12:50 PM
As always with these deal sites, you can file the associated story under "ruining it for everyone"
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SG-Cleve
January 5, 2010 1:04 PM
OP was not told it was a pricing error. They told OP that the item was out of stock so they had to cancel the order. This implies that if it was in stock they would have sold it to him. OP looked online and saw that they DO have it in stock. OP should have called their bluff. He should have gone to the store and act like he wanted to buy one, and after they tell him it is in stock and he can take it home, then pull out his paperwork and tell them to load the one he already bought into his car.
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3 replies

acknight
January 5, 2010 2:10 PM
Haven't there been stories on here about Sears.com's inventory not matching store inventory, and store inventory computers even then not matching actual stock? Sears.com saying the store has it doesn't mean much of anything, necessarily, given Sears' past history.
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bogey928
January 5, 2010 1:44 PM
OP here. It appears that great minds think alike! Yes that was the plan for today until I received the cancellation email this morning. Had it still shown as open for pickup I would have been there when they opened. The order is now cancelled and my desire to do business with Sears is gone. It simply is not worth the hour round trip or fuel to go and argue with them since they clearly do not care about their customers. I'll get by with my older snowblower for now, and wait until spring to pick one up on clearance from Lowes or Tractor Supply Store. Both of which are much closer to my home.
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Pepster
January 5, 2010 2:08 PM
I would still go ahead, as they cancelled them saying "Out of Stock" - just put the AG's number in your cell before you go. They lost the protection of claiming it's a pricing error when they lied to you about the stock, this is Bait and switch.
Ignore the fact that this was a nationwide price change: they advertized and sold you an item at one price, told you they didn't have it while offering the identical model at double what you paid. Their dishonesty is what could screw them if you want to push the issue.
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greeneyedguru
January 5, 2010 1:07 PM
Not withstanding this story, Sears is just the worst now. I don't shop there anymore and I don't plan to anytime soon. Their customer service is awful. They used to be one of the best in this area. I don't know what happened.
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catastrophegirl
January 5, 2010 1:10 PM
i wonder if home depot knows about this or if it's just a coincidence that when i went to their "outdoors" section of the website it starts with a "finder" tool to determine which snow blower/snow thrower is right for your needs
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chemmy
January 5, 2010 1:11 PM
I thought that they actually had to honor it if they debited your card for it. But not sure and don't feel like looking it up!
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Downfall
January 5, 2010 1:13 PM
"I like to shop at Sears . . ."
So... you're the one.
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CTAUGUST
January 5, 2010 1:31 PM
My understanding is that the law in many states says the company must honor the "terms of sale" once they have completed the transaction. That means, when ordering online, once they have shipped merchandise for said price and you have a confirmation showing said price, they can't come back and charge your credit card more later. Eddie Bauer tried this years ago when they caught pricing errors and I believe they ended up in court.

For physical stores they can't come after you later to say they want more money for a purchase they already concluded.

While Sears should have been honest, the OP is incorrect to say they "charged his card." No, they AUTHORIZED his card to make sure it was valid before processing the order. A "authorization" and a "charge" are two different things. If there is a valid charge for this merchandise sitting on his credit card account a week after he placed the order (not a hold) then he has an issue.
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CarnageSIS
January 5, 2010 2:01 PM
As a former Sears cashier I really get a kick out of these stories and the comments. My family used to be huge into buying at Sears clothes, appliances, whatever. Then I started working there and the stuff I was telling my parents really changed what they would purchase at Sears.

Don't get me wrong Craftsman tools are great, and you can't beat a lifetime guarentee. Heck I had a guy come walking in with what was pretty much a splinter and walk out with a brand new Craftsman hammer.

That aside Sears pricing is totally a joke. I can remember working in the Home Fashions departement and putting away cookware, beding, curtains, pillows, etc. Looking at the prices figuring maybe I would wait for a sale to pick up some items. We would start gearing up for a big sale and the marketing team would be out putting up signs and pricing items. Funny thing was, they weren't putting sale prices on the items, they were putting prices that were increased by whatever percentage the sale was for on them. So that comforter I stocked that was $39.99 went to $59.99 then it went on "sale" for the low price of $39.99.

One time I even had a customer find the original cheaper price tag on the item so we ended up giving her the sale percent off the actual original price instead of the inflated sale price.

I am not the least bit surprised that they back tracked on this, selling things for an actual discount is not really the Sears way of things, at least not from what I've seen.
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sheriadoc
January 5, 2010 2:10 PM
I got a couple decent accidental deals at Sears in the past, and both times they accepted their own mistakes.

The first was a memory stick that had a sign saying it was $20 (savings of $49.99). It was supposed to be $49.99 (savings of $20). A manager had to come out and OK that price since it was ringing up as $49.99. She was not pleased, but let me have it for $20.

The second was after a Sony camera of mine died. I liked the model very much, but I had got it about two years previous, so I was having trouble finding a place that still sold them. Finally, it said they were in stock at a Sears about 30 minutes away for $120. I placed the order, waited for the email saying it was ready, then went to pick-up. When I got there, they tried to give me a different camera. It wasn't even the same series. I told them this, and they told me to head down to electronics. After about 20 minutes of searching, they said they did not in fact have the camera, even though I received an email saying it was ready to pick-up. They ended up giving me a $250 brand new model camera (from the same series) in place of the one I had ordered.
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1 replies

chrisexv6
January 5, 2010 3:30 PM
Yeah, occasionally they will (correctly) honor their mistakes if they have signs that show them.

Fairly recently I got a Worksharp tool sharpener that should have been 180.00 (a savings of 19.99!!) for 19.99 (a savings of 180.00!!) when they borked the signage. They let me order one (it was not in stock in store), and promptly tossed the incorrect price signage.

They also held up their end with a major price mistake on a drill press as well. Its really just how quick you get there compared to how quick corporate tells them to cancel all orders.

Good thing for Sears is it seems to take less time for that to happen. For my drill press deal a few years ago it took days for Sears to figure out WTF happened.

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A Sure Sign of Excess: The World’s Tallest Building
By Floyd Norris - The New York Times
January 5, 2010

There is something about putting up the world’s tallest building that screams “financial excess,” and warns that a bubble is ready to burst.

Today’s paper reports that the latest entry in the World’s Tallest Building contest has opened in Dubai. The name was changed to the name of the ruler of Abu Dhabi, which Dubai hopes will bail it out.

This building is taller than I can imagine. As the accompanying graphic shows, the Empire State Building, which became the world’s tallest building in 1931, is 1,250 feet high. The Sears Tower (since renamed) in Chicago, which gained the honor in 1974, is 1,451 feet tall. If you somehow put one of those buildings on top of the other, you would get a building 2,701 feet tall. That would come close to the Burg Khalifa, but would still fall short by 16 feet.

What interests me now is whether this race is over for the time being. There was a big contest in New York back in the 1920s, in which the Chrysler Building took the lead by going higher than it was expected to do. The Empire State Building began just before the 1929 crash, and by the time it was finished, there was no appetite, or financing, for any building to go higher.

It was not until the 1970s that the World Trade Center in New York, now gone, set a new record, although the Sears Tower quickly exceeded it.

By the time that opened, the biggest recession since World War II was on. It was the last American building to claim the title.

Then it became Asia’s turn. Malaysia took the lead in 1998, which was also the year that much of Asia suffered an economic collapse. Then Taiwan claimed the lead in 2004. China is building what was to be the No. 1 building, at 2,073 feet, but Dubai went way beyond that.

There is something uneconomically absurd about this competition, which is one reason that you can suspect that plans for such a building indicate financial excess. Skyscrapers make sense if land is scarce and expensive, but land scarcity is hardly a factor in some of the places that have entered the race. Moreover, the taller a building, the more space must be set aside for elevators, which reduce the usable space on all floors. Per square foot, the cost of a very, very tall building gets to be excessive compared to the cost of a tall building. Will the prestige make the difference? The article today indicates it might be doing so in Dubai, but I doubt that will pan out in the long run.

The world economy is now in recovery. Will that mean a new contestant trying for 3,000 feet? Not any time soon, I suspect.

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Two Dowdy Clothing Brands Go for Vogue
Catalog Retailers L.L. Bean and Lands' End Launch Lines Aimed at Younger Customers; a 'Relaxed, Lived-In Style'
By Ray A. Smith - Wall Street Journal
January 2, 2010

L.L. Bean and Lands' End don't exactly bring to mind the word "cool."

But both catalog retailers are trying to amp up their style quotient with new lines aimed at younger customers. That means tighter women's shirts, low-rise pants and the virtual disappearance of the baggy pleated khakis that once were prevalent in both lines. L.L. Bean, a 97-year-old icon of New England style, is also introducing dressier clothes—suits for men and heels for women—and updating classic items like its buffalo plaid shirt, canvas tote bag and hunting boots with new colors and materials.

The new catalog for L.L. Bean's Signature line will look more like a fashion magazine than the label's usual mailings, with models wearing the clothes in glamorous settings. The shift isn't dramatic; there are no skin-tight jeans or lingerie looks here. But it is a big step away from the fleecy outdoors apparel and the boxy, middle-of-the-road styles for which both retailers are known.

'Americana' Style

L.L. Bean and Lands' End see an opportunity to engage younger consumers amid a vogue for "Americana"—plaid shirts, chino pants and oxford shirts. Newer designer brands recently have been creating modern versions of classics that Bean and Lands' End have been selling for years, and the catalog retailers are determined not to be outdone by hipster upstarts.

As part of the push for younger customers, L.L. Bean and Lands' End are using social media like Facebook, Twitter and YouTube videos to promote their new lines. The two plan to lean more heavily on Web sites created for the lines; Lands' End is even eschewing a catalog for its new Canvas line, though it is considering a "magalog" aimed at driving consumers to order online. "It's a different step forward for us, but one that makes sense for where this customer shops," says Nick Coe, president of Lands' End, which is owned by Sears Holding Corp.

L.L. Bean Inc., meanwhile, is creating a catalog for its new line that looks like a fashion magazine, with models moving about on city streets, along boardwalks and inside fabulous apartments—a big departure from the clothier's trademark pages of product shots.

Still, the two brands face hurdles in making themselves relevant to consumers in their 20s and 30s. Younger people generally don't shop by catalog. And when Mintel International earlier this year surveyed adults who had recently bought merchandise from a catalog, just 8% of 18-to-24-year-olds said they had ordered something from L.L. Bean.

The figure was 10% for 25-to-34-year-olds. The trends were similar for Lands' End.

Alex Gardell, a 22-year-old college student and dance instructor who says she loves to shop at stores like J. Crew and Forever 21, is the kind of customer both brands are targeting. She is also an example of what the brands are up against.

'A Functional Fleece'

Ms. Gardell, who lives in Manhattan, says she can't remember the last thing she ordered from L.L. Bean or Lands' End. "It might have been a functional fleece to go skiing," she says. "I go through the catalogs, and I don't really see anything that jumps out at me and makes me want to buy. It's kind of dowdy. What comes to mind is pleated khaki pants and zip-up fleeces that come in 18 different colors but don't really have style."

Still, she says she would be willing to give the new collections a look. "If there is something different, I'll try it," she says.

For both brands, the biggest difference lies in fit. To design its Signature line, which launches in March, L.L. Bean tapped Alex Carleton, who founded fashion line Rogues Gallery and once worked as a designer at Bean. Signature alters the silhouettes of the label's clothing, such as men's work shirts and cargo pants and women's camp shirts and shirt dresses. In some cases, it changes the fabrics, using chambray rather than poplin, for instance. Also, pants for both men and women have shorter rises, the length of the fabric from the crotch seam to the top of the waistband. Prices will be slightly higher than those in L.L. Bean's core line.

'A Closer Fit'

"Younger consumers tend to be looking for a closer fit and have a different way of wearing their clothes," explains Chris Vickers, vice president of L.L. Bean Signature. The buildup of dressier clothing was intended to help consumers build a complete L.L. Bean wardrobe, he says, rather than being limited to casual weekend wear.

Similarly, Lands' End's Canvas collection, which went on sale in November, updates clothing from the brand's archives—chinos, oxford shirts, cardigans—with a more modern fit. Lands' End, whose origins lie in sailing apparel, even warns on Canvas's Web site that a women's oxford shirt runs small.

The clothes are also characterized by a softer, more relaxed feel. They are prewashed for a more broken-in look, and many of the poplin, oxford and polo shirts arrive unpressed and minimally packaged to give them a "relaxed, lived-in style," according to Canvas's Web site. Mr. Coe says Web feedback from consumers in their 20s and 30s so far has been positive.

Tom Julian, president of brand-consulting firm Tom Julian Group, says it's almost mandatory for older brands like these to incorporate contemporary touches, but they shouldn't try to be too trendy, which could alienate existing fans and risk looking like they are trying too hard.

It can be done. Abercrombie & Fitch, Banana Republic and J. Crew each at first had limited appeal with a particular look (safari/travel for Banana Republic, for example) but found ways to expand appropriately, he notes.

In addition to their ability to tap the vogue for classic American workwear and casual clothes, L.L. Bean and Lands' End have several things in their favor. Both brands' apparel is reasonably priced—an important attribute for today's cost-conscious consumer.

Shopping From Home

In addition, shopping from home has been more popular since the bust of the conspicuous-consumption bubble. While sales of apparel fell 2.4% at direct-mail retailers like L.L. Bean during the 12-month period that ended Oct. 31, things were worse at department stores, where sales fell 9.6%, according to market researcher NPD Group. (Both L.L. Bean and Lands' End are opening stores for these new collections.) Madison Riley, managing director at retail consulting firm Kurt Salmon Associates, notes that both brands' long histories as direct-mail merchants will help them. "Should demand increase [from younger consumers], they'll be able to rapidly adjust and service that demand," he says.

But keeping up with young consumers is not an easy task, as successful brands freshen their lines with new styles frequently these days. "Just jumping on Facebook doesn't mean you're going to be relevant with young people," says David Bassuk, a managing director at business-advisory firm AlixPartners's retail practice. The brands "will have to do some work bringing consumers what they want at the speed they want … and responding more quickly to trends. It's a very different capability."

Michael Williams, the 31-year-old founder of style blog "A Continuous Lean," notes that the Americana trend has already gone mainstream. "People who led the look are starting to move on," he says. Of course, the mass audience is still wearing the style. But "L.L. Bean and Lands' End are coming at the tail end of this from a trend-setter perspective," he says.

 

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