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What Do I Do About Sears and/or Goodyear?
Motleys Foolish Four 
Dec 22, 1999

This is one of those questions with at least two very definite but contradictory answers.

If you are renewing your entire portfolio now and your intention is to follow the strategy exactly, then you would sell it (them) and reinvest the money in next year's stocks when you do your normal renewal. That's not because they aren't good turnaround possibilities, but simply because they aren't part of the Dow anymore so they won't be "on the list."

If you bought sometime after the start of the year last year and your intention was to follow the "start any time but hold until the end of the NEXT year" plan, then you simply hang on to Sears (NYSE: S) and Goodyear Tire (NYSE: GT) until December of 2000.

Apparently it bothers some people to sell S and GT when they are down, especially since they would almost certainly be on the Foolish Four list today if the Dow hadn't thrown them out. I am very sympathetic to that argument and certainly don't object to anyone who wants to hold them for that reason. It's not my recommendation, though, because I base my recommendations on the past history of the strategy. We simply don't have enough similar instances from which to draw conclusions. Those return
numbers we so often quote come from a strategy where a stock that was removed from the Dow was always replaced on the portfolio renewal date. That's all we know.

However, the stocks that have been removed from the Dow in the past suffered
no particular ill effects (although some were already in big trouble). It's not a death knell or even a wake-up call, in most cases, and I see no reason for Sears and Goodyear not to go through the same (probable) recovery cycle off the Dow that they would follow if they were on it.

I want to duplicate your portfolio but I will be skiing in the Alps. Can I get the stocks a day early?

I love it when people ask me for the Foolish Four picks in advance. Last year I was offering to sell them for some cash under the table, but no one took me up on it. Maybe that's because I told them, in the nicest way possible, that if they were asking that question, they weren't ready to invest any real money anyway. First, start with the Foolish Four Explained, I would say.

For the record, whenever you are ready to invest, the Foolish Four for you will be those stocks over there on the right. If you want a more up-to-the minute list or you want to see all the underlying numbers, you can use the Today's Stock Lists link, also on the right. You should also understand that the stocks we pick for our portfolio are at least partly a
function of the day we chose to invest. If you decide to invest on December 31, you don't want to buy our stocks, you want to buy the ones on the December 31 list. They will be similar, sometimes even the same, but the idea is to buy the stocks when their prices are relatively lower.

As Sears and Goodyear buyers know, that doesn't guarantee that you will be buying the stocks at their low, but it does usually give you a relatively good buy-in point.

Do you really think this strategy is still working?
That's a very good question. Until Caterpillar (NYSE: CAT) collapsed, we were comfortably ahead of the Dow for the year, and I thought we might be returning to a kind of "normal" after several years of under-performance.

Now it doesn't look like that, although obviously one year and one stock are not determining factors for this kind of strategy. (Think Long Term!!!)

But I do think that it's quite possible that the strategy isn't working as well as it did in the '70s and '80s for two reasons. One, it's a "value" strategy, i.e., it's based on buying stocks that are priced low relative to their intrinsic value. The bull market of the '90s has all been based on "growth" stocks, stocks whose price is based on their potential for rapid growth. These are two fundamentally different kinds of investing and there
isn't much doubt that growth investors have faired better in recent years.

The markets undergo regular shifts from value investing to growth investing. A lot of experienced growth investors are keeping some cash in the Foolish Four as a hedge against that kind of shift. When it happens it isn't pretty. If this is the case, then a good long term attitude is all that we need. But....

The other reason why the strategy may be under-performing the market lately is of more concern to me. It's the idea that the Dow has been shifting its emphasis on substantial dividends as a criteria for inclusion. If the editors of The Wall Street Journal, the people who select the Dow stocks, have been using different criteria to define a Dow stock
(which is probably a good idea if they want their index to reflect a market that increasingly disdains dividends), then the pool of high-yielding stocks from which our Foolish Four stocks are selected is shrinking and that would naturally lead to lower returns.

That is something we can do something about, though. See Is Something Wrong
With the Foolish Four? and Heresy for a more thorough discussion of this topic.

Other frequently asked questions, with links to answers, have been:

When is the best time to start? 03/31/99: When to begin and 09/04/98: Fun
with Statistics

Wondering about the changes in the Foolish Four and why it doesn't match the books? The Foolish Four Evolves

Want to know how to avoid investing in Philip Morris or other socially controversial companies? Or just wondering if you should drop XYZ because it looks like a sure loser? 10/21/98: Messin' With the System

Want to get started but not sure how, or even if it's feasible?
9/21/98: Let's Talk Money, Pt. 1

Things not going as well as you expected? 10/09/98: It's Not Working!

If you're planning to do the Foolish Four switch with us on Thursday, please make sure you've "done your homework." Then you will be ready to take the plunge.

Fool on and prosper!

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Sears Internal Memo

December 22, 1999

To.      1DGN To: Sears Associates

From:   Arthur C. Martinez

Re:       Additional 10 Percent Off on December 30

Last weekend's sales were not what we had planned for; however, our margins continue to hold up well. Competitors' promotional activity is more intense than ever, and I believe, put pressure on their gross margins. The final week is still very important to us, and we hope to make up some lost ground. Support Sears in any way you can, and encourage friends and families to shop us.

I would like to thank each of you for your contributions this year and extend to you and your families my best wishes for a wonderful holiday and a prosperous New Year. As a last thank you for the holiday shopping season, the year and the century, we will offer Sears associates an additional 10 percent off at all retail stores on December 30, 1999. This will be similar to our special family night, but for the entire day and evening of the 30th. Besides the additional 10 percent discount, there are some special sale items that include a broad range of apparel, all treadmills, all mechanics tool sets, tool storage, and all tires. Christmas merchandise is 50 percent off. There also will be 0 percent financing on appliances until January 2001 or free delivery for items more than $399.

I look forward to a challenging and successful 2000. We have taken many important steps toward building a great future for this company in 1999. We have listened to our customer and have made changes based on their input. We have restructured to eliminate silos and present a united Sears to our customers. I am gratified with the progress to date, but we have a very long road ahead. I look forward to traveling that road with you.

Again, I hope you have a wonderful holiday.

Editor's Note:  
We Wonder  - - -  Does this include Retirees????

Dec. 24 Update:
We have conferred with Chicago. The 10% does extend to retirees.

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Ongoing Shuffle at Sears. Another Top Executive Leaves. Earlier Shakeup Left Position Diminished
By Susan Chandler, Chicago Tribune
Dec 16, 1999

Another high-ranking Sears, Roebuck and Co. executive is jumping ship as the nation's second-largest retailer heads for its fourth consecutive year of disappointing results.

Richard Srednicki, president of Sears' Home Services division, has resigned to take a credit card post at Chase Manhattan Bank in New York, Sears confirmed Wednesday. Srednicki could not be reached for comment, but his departure doesn't come as much of a surprise, Sears observers said. Srednicki, who arrived at Sears only last year, recently had seen his position diminished in importance as part of an executive reshuffling in September. Before then, he reported directly to Sears Chief Executive Arthur Martinez.

After the management reorganization, which was prompted by weak sales at Sears' department stores, Srednicki reported to Alan Lacy, one of the two executives Martinez elevated to serve with him in a newly formed Office of the CEO.

Another likely reason for Srednicki's exit is the sagging performance of the Home Services division he headed. Home Services, which includes everything from appliance repair services to kitchen remodeling, was supposed to triple its revenue by 2001, to $10 billion. But its growth hasn't come anywhere near that grandiose goal. Last year, Home Services revenue increased a mere 1.3 percent, to $3.11 billion.

For the moment, Srednicki's duties will be assumed by Lacy, who also heads Sears' credit unit, according to company spokesman Tom Nicholson. Lacy, who stepped in as head of credit when the formerly high-flying unit landed in trouble with soaring levels of bad debt, has become a major fix-it guy for Martinez, Sears observers say. Nicholson denied that Srednicki's performance had anything to do with lagging performance at the Home Services unit.

"While he was here, Rich did an absolutely great job instilling processes, procedures and quality control. He made some really significant contributions and built a great senior team," Nicholson said.

Meanwhile, another top-ranking Sears executive who was ousted in the September reorganization has landed a new job. Robert Mettler, the former head of merchandising at Sears, has been hired by Macy's West, a division of Federated Department Stores Inc., as its new president and chief operating officer. Mettler will report to Jeremiah Sullivan, who was promoted Wednesday to chairman and CEO of Macy's West.

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Moody's Cuts Sears Debt Rating
Approximately $24 Billion of Securities Affected
Moody's Investors Service
Dec 15, 1999

Moody's Investors Service lowered the debt ratings of Sears, Roebuck and Co. and its subsidiaries, including Sears Roebuck Acceptance Corp.

The downgrades reflect that Sears' debt protection measures have not improved as rapidly as anticipated as well as Moody's expectation that a more competitive environment will constrain improvement in Sears' financial performance over the intermediate term, notwithstanding our expectations for a good fourth quarter
performance.

The ratings also recognize Sears, Roebuck's strong franchise with consumers in the United States, the strength of many of its brands, as well as the market share gains it continues to garner in home appliances.

The rating outlook is stable based on an expectation of improved performance in Sears' retail business and enhanced near-term earnings from its credit operation, resulting in large part from reduced bad debt expense.

Ratings downgraded are:
Sears, Roebuck and Co. -- notes, medium term notes, debentures, and issuer rating to A3 from A2; senior unsecured shelf registration to (P)A3 from (P)A2, subordinated shelf registration to (P)Baa1 from (P)A3; preferred stock shelf registration to (P)``baa1'' from (P)``a3.''

Sears Roebuck Acceptance Corp. -- notes, medium term notes, senior notes, debentures, global notes, global bonds, eurobonds to A3 from A2, senior unsecured shelf registration to (P)A3 from (P)A2, subordinated shelf registration to (P)Baa1 from (P)A3, and the company's rating for commercial paper to Prime-2 from Prime-1.

Sears DC Corp. -- medium term notes to A3 from A2, and 
Orchard Supply Hardware -- senior notes to A3 from A2.

Sears' financial performance and debt protection measures have been weaker than expected during the last few years. The sales, earnings and cash flow momentum begun earlier in the decade, as Sears increased its focus on soft-lines, has not been sustained.
Recent stronger comparable store sales gains are being achieved against a backdrop of weak comparable store sales performance during the same months in the prior year, and sustaining such growth over the intermediate time frame may become increasingly
challenging.

The company has also experienced increased competitive pressures in its credit business. Although near-term earnings should benefit from a significant reduction in consumer credit bad debt expense, Moody's expects that earnings gains from further
significant reductions in bad debt expense may be difficult for the company to achieve in the intermediate-term given the substantial progress already made and the more competitive consumer credit environment.

During the mid-1990s, Sears rapidly expanded its credit card account origination. However, because other credit grantors were luring the better credit quality consumers to alternative credit products, Sears' rapid growth came disproportionately from weaker
credit quality consumers causing it to experience significant increases in charge-off rates in 1997.

Since that time, Sears has implemented various controls to address deterioration in its credit card portfolio, including tightening underwriting and collection procedures. A decline in the charge-off rate since April 1998 reflects that improvement and continued
adherence to tighter credit controls should have a positive effect on long-term portfolio quality.

The charge-off rate on Sears Credit Account Master Trust II, reflecting trends evident in the Sears portfolio as a whole, has ranged between 6.8% - 8.6% since that time, down from the peak 9.3% - 9.5% range in late 1997/early 1998. However, the industry trend towards fewer sales generated on department store private label credit cards will likely continue. Lower penetration could result in a reduction in receivable balances on which Sears can generate finance revenues and fees.

During the last 15 months, Sears transitioned its credit operation to a systems platform that can provide enhanced underwriting, collection, and pricing capabilities. But, there is more competition for all credit grantors including Sears, and as such, maintaining
market position and portfolio size, as well as significantly increasing credit earnings will be challenging. Similarly, challenges facing Sears' merchandising business may also constrain portfolio size and resultant cash generation.

Declining consumer loyalty and cross-shopping of retail formats are exacerbating the challenges of an intensely competitive shopping environment. Increased focus on value is polarizing consumer's shopping habits, such that consumers are trading up to
designer brands or are purchasing based on low price and acceptable quality.

Moody's believes that these trends are hurting mid-range department stores, such as Sears, making it more difficult for the company to grow sales and sustain retail margins. Additionally, Sears faces strong competition from specialty apparel chains that also offer merchandise at a reasonable price point. The competitive pressure from upper-tier department stores, lower-priced discounters, and certain specialty stores - - all of which
have improved their merchandising execution - - will continue to challenge Sears as it endeavors to differentiate its merchandise offering.

Sears clearly enjoys a strong market position, especially in its hard-lines business, with the U.S. consumer. This is underscored both by the strength of its brands, such as Kenmore, Craftsman, and DieHard as well as by a growing market share in its appliance business.

However, Sears' hard-lines business competes in a marketplace in which
gross margin rates are low, typically five to ten percentage points below apparel products. The lower gross margin of hard-lines merchandising necessitates that retailers of these products maintain a low cost structure. Although Sears benefits from
owning or holding long term leases on many of its locations, the company's hard lines business is likely to have higher operating costs than do competitors with free-standing locations because it primarily competes using its regional mall-based store format.

Additionally, the mall based store format lacks the convenience of a free-standing store. Sears' initiative to sell these products via the Internet could potentially lower its cost structure for products sold in this manner and may partially mitigate the margin issue,
but Internet sales and sales in the company's off-the-mall stores may not be of sufficient magnitude near-term nor have a sufficiently higher margin, to provide substantial profit gains for Sears in this business.

Difficulty in improving the low margin structure in this segment is exacerbated by the expanded product offerings by firms, such as The Home Depot and Amazon.com, which previously have not aggressively targeted these categories. Because competitive
market conditions, ongoing industry consolidation, and the potential for further commoditization of these products through Internet selling will likely continue, Moody's does not expect industry-wide gross margins to improve in the foreseeable future. Therefore, substantial earnings gains may remain challenging to achieve.
________________________________________________________________________

Sears Statement Regarding Moody's Rating Change

December 15, 1999

To.    1.DGN
To:    Corporate Strategic Leadership Team

Situation
Moody's Investors Service placed Sears debt securities "on review" for a possible downgrade in September. Sears met with Moody's and although we had lengthy discussion, Moody's chose to downgrade Sears ratings today.

Sears Statement:
This decision ignores recent improvements in our business. Considering
Sears strong sales performance in recent months - we reported solid sales
increases for September, October and November - it is disappointing that
Moody's chose this course of action. Sears continues to generate strong
positive cash flow and has a solid balance sheet. We have significant
flexibility when it comes to securing capital and continue to have broad
access to the capital markets.

Today's announcement was not a surprise; we believe our current borrowing rates anticipated Moody's action. This action will not affect our day-to-day operations, customers, suppliers or employees.

Q: Is this announcement a signal that Sears is experiencing financial difficulties?
A: Absolutely not. We reported solid sales increases in September, October and November. Sears continues to show a strong cash flow and a solid balance sheet.

Q: How will this affect Sears vendors? Will there be any problems paying current suppliers?
A: This will in no way affect Sears vendors. Moody's ratings do not affect our ability to pay for goods and services used in our day-to-day business operations.

Q: How will this affect Sears stock price?
A: While we cannot speculate on how this action may affect the price of Sears shares, we can tell you that Moody's announced it was placing Sears on review in September. It is not unreasonable to assume that this information already may be factored into our stock price.

Q: How much will this cost Sears?
A: While the cost of obtaining capital may be slightly higher in the short term, it will not be a significant increase for the balance of 1999 or 2000.

Q: Will this affect Sears Credit business?
A: The debt securities Moody's downgraded does finance Sears Credit receivables. While the cost of obtaining capital for this purpose may be slightly higher in the short term, it will not be a significant increase for the balance of 1999 or 2000.
________________________________________________________________________

Ed Comments: 
It appears another of Arthur's failed programs has hit again  "Sales at all costs." Gross margins are dropping and Moody's notes its effect on the company. Who will Arthur blame now for "poor advise"? Who next will hit the revolving door of top executives?

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Sears Dumps Softer Side for Hard Sell 
Focus is on Price in Make-or-Break Holiday Season 
By Eddie Baeb, Crain's Chicago Business 
Dec. 13, 1999

Call it the cheaper side of Sears.
The holiday shopping season —the most important time of the year for any retailer— is crucial this year for Sears, Roebuck and Co., struggling to bounce back from a third-quarter earnings warning, a sharp decline in its stock price and monthly same-store sales that have been relatively flat most of the year.

Unlike past years, when the Hoffman Estates-based merchant tried to burnish its image with its "Softer Side" campaign, the strategy this season is to emphasize price, aggressively touting markdowns throughout the store in hopes of drawing holiday bargain-hunters.

Of course, early-bird specials and 40%-to-50% markdowns are as commonplace during the Thanksgiving weekend as gravy boats and leftovers. But Sears' new value-oriented approach reflects subtle and not-so-subtle changes to its marketing strategy — changes that Sears says helped boost sales in October and November, when it outperformed several rivals.

Through redesigned ad circulars peppered with the word "sale" and a new tagline that underscores the focus on price — "The Good Life at a Great Price. Guaranteed." —Sears is aiming to win back some of the value-conscious shoppers it's lost to big-box chains like Best Buy, home-improvement giants like Home Depot and discounters like Target.

But some observers warn that it's a short-term fix that's likely to create long-term problems.

"It's all very well to have strong (same-store sales) numbers, but if they're being attained at the cost of margins, that's a negative," says Asma Usmani, an analyst with Edward Jones in St. Louis.

In fact, Sears' retail gross margins dipped in the second and third quarters. In each instance, Sears blamed a "greater level of promotional activity" at its full-line stores for undercutting margins.

Under Mark Cohen, president of soft lines and chief marketing officer, who's headed Sears' marketing efforts over the past year, the store has held more sales promotions than in 1998.

Sears has told analysts that in the second and third quarters, customers snapped up the sale items, but picked up few, if any, additional items. Contending that it's now past that problem, Sears argues that it's not sacrificing margins to bolster monthly sales.

However, it does acknowledge that its main focus currently is on increasing business at the full-line stores. Many industry observers consider this a make-or-break holiday for CEO Arthur Martinez.

Momentum needed
Sears posted strong month-to-month same-store sales gains in October (4.7%) and November (5.9%), outstripping gains at Wal-Mart Stores Inc. and Gap Inc.. and declines at J. C. Penney Co.

But Sears stock has fallen 27% this year, and is down about 40% from a 52-week high of $52.44 reached in May.

News of a strong Thanksgiving weekend boosted shares to $35 from $31. But the price fell below $31 last week after news reports that sales for the first week of December were in line with lowered expectations: a low, single-digit increase.

Mr. Martinez, who has headed Sears for the past seven years, needs some momentum if he is to pull off another turnaround, prop up the stock and carry any holiday-season gains into next year.

That's where the price strategy comes in this Christmas.

Sears has redesigned its newspaper ad inserts, for example, to feature one sale item on the cover, and has enlarged the type on prices throughout.

In a circular that appeared the day after Thanksgiving, prices were reduced 50% from 7 a.m. to 11 a.m. on all slippers, candles and Sears-label women's sweaters and men's dress shirts. On Pages 2 and 3 of the broadsheet insert, the words "save" or "sale" appeared 44 times. Sale prices — representing more modest markdowns — also were offered on national brands such as Reeboks and Levi's Dockers khakis.

"We always had sales and appealing prices, but we didn't shout it," says a Sears spokeswoman. "Consumers are value-conscious, and we needed to play in that arena. We needed to make more noise about (value)."

But too much noise about sales carries risks, as well. Promotions can be overhyped to a point where customers are no longer motivated. Another danger: Customers become reluctant to buy full-price items when retailers seem to hold continual sales.

"It's like a drug," says George Whalin, president of Retail Management Consultants Inc. in San Marcos, Calif. "It gets easy to run a promotion every week and drive customers through your doors. But you have to show some constraint and pick and choose your spots."

Criticism of strategy
This year, Sears reintroduced "Super Saturdays," one-day, storewide sales that don't coincide with traditional sales events like Thanksgiving Friday, President's Day or Memorial Day. The company held five such events this year, the last one on Dec. 11. Sears would not say whether the events are on next year's calendar.

Another new promotional push in '99 has focused on Sundays and Mondays of Monday-holiday observances such as Labor Day. Among the features: low prices on inexpensive items such as batteries and videocassette tapes, aimed at drawing in customers who'll then buy additional goods.

While retail experts don't think Sears has become overly promotional yet, some believe its strategy is flawed.

"Next year, it will be tough to meet that level of sales with a steadier strategy rather than hyping it with sales," says Walter F. Loeb, a New York-based retail analyst and publisher of Loeb Retail Letter. "Sears needs to maintain a quality image rather than becoming a place where people only respond to sales."

But Sears doesn't think it's saturated customers with too many sales.

"Many retailers have eroded their brand by cheapening who they are. We have coupled our sales with news," the company spokeswoman says. "We're far from diminishing the value of Sears."  

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Sears' Shuttered Wheel Balance Unit Probed by U.S.
Hoffman Estates, Il., 
Dec. 7, 1999

Sears, Roebuck & Co., the No. 2 U.S. retailer, said federal prosecutors are investigating the AccuBalance automobile wheel-balancing service offered at its auto centers between 1989 and 1993.

The investigation into the now-closed business shows the U.S. probe into Sears' auto-service unit is broader than previously reported. A federal grand jury is looking into charges Sears sold used auto batteries made by Exide Corp. as new.

Sears fell 1 7/8 to 33 1/16 on trading of 3 million shares, 25 percent higher than its three-month daily average of 2.4 million shares.

Exide, the world's biggest battery maker, yesterday disclosed the investigation into Sears' wheel-balancing business, seeking to deflect attention from charges that cut one-fifth off its market value -- about $42 million -- since they were reported Nov. 30. Today, it fell 3/8 to 8 1/16. ``This is not an investigation that is focused solely on Exide,'' said Bruce Boyle, an Exide spokesman. He said the company obtained a copy of a grand jury subpoena issued to Sears seeking information about its auto wheel balancing business, as well as its sales of Exide auto batteries. Boyle declined to provide a copy of the Sears subpoena, or explain how Exide obtained it.

Cooperation
Sears is cooperating with the federal investigation, said spokeswoman Jan Drummond. In 1997, the Hoffman Estates, Illinois- based company paid $580,000 to settle civil allegations by Florida's attorney general that it charged customers for wheel balancing services they may not have received.

Sears declined to comment on whether it received a subpoena. The office of the U.S. Attorney for the Southern District of Illinois, W. Charles Grace, in East St. Louis, declined to comment.

Last week, Bloomberg News reported a federal grand jury is investigating sales of Exide auto batteries by Sears, and subpoenaed dozens of boxes of material gathered by Florida. The subpoena was issued months after Sears and Exide paid $3.7 million to settle civil claims by Florida's attorney general that they sold used auto batteries to consumers as new.

The subpoenaed material included sworn testimony by a former Exide executive given to Florida investigators that he paid $20,000 in bribes to a former Sears battery buyer at the direction of Exide's former top executives.

The Reading, Pennsylvania-based company was the chief supplier of the batteries to Sears, the world's second-largest retailer, until Sears terminated their contract on March 1.

Exide said it contacted federal prosecutors in Illinois last week and pledged its full cooperation with the grand jury.

Exide Boyle added that Exide hasn't been subpoenaed or contacted by federal prosecutors in Illinois. He said the company has replaced its board of directors, chief executive, chairman, and other members of management since March 1998. ``The current management team at Exide has changed both the culture and the personnel allegedly responsible for these events,'' said John Van Zile, general counsel.

Exide said it notified the Securities and Exchange Commission of issues raised by Florida's investigation including the allegations of bribery and selling used batteries as new.

In 1997, after the earlier investigation, Florida Attorney General Bob Butterworth accused Sears of deceiving wheel- balancing customers. ``The company continued promoting and charging for AccuBalance even after the machines needed for the process were removed from Sears auto shops,'' said Butterworth.

Ed. Comments:
Sears stock down again today. There well may be more trouble for Sears in the near future. One wonders who may be called to testify before the grand jury? A few former officers may get a free trip to southern Illinois to tell their story. May not be a happy New Year for some.

(12/7)  

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American Express and Discover Sued for Online Loans
Reuters 
Dec 6, 1999

A California man who lost $25,000 gambling online has sued American Express news and Discover Financial Services, arguing the credit card companies encouraged his gambling.

The suit filed in Marin County Superior Court, north of San Francisco, seeks to stop American Express and Discover from extending credit for Internet gambling to California residents.

The lawsuit alleges the credit card companies participate in and profit from illegal online gambling by issuing merchant accounts to Internet casino operators who accept bets from web surfers located in California where such gambling is illegal.

American Express spokeswoman said the company has not been served with a complaint yet and added it prohibits merchants from accepting the American Express card via the Internet for gambling purposes.

Officials at Discover, owned by Morgan Stanley Dean Witter Co. news were not aware of the suit.

The plaintiff, Frank Marino, lost over $25,000 to online gambling casinos while web surfing in California using his American Express and Discover credit cards, a prepared statement by Marino's attorney said. The statement said the credit card companies and their affiliated banks are paid a fee by the Internet casinos, usually between 2 and 5 percent for each online gambling transaction. It added that consumers pay the companies interest and late fees on the gambling loans.

American Express shares closed up 1-1/2 at 158-5/8 on the New York Stock Exchange.

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Good News for Sears
Is the stock finally turning around?
Ann Coleman
Dec. 2, 1999

All of a sudden, Sears is looking good. Several analysts have upgraded their ratings on Sears, and a whole passel of positive stories have hit the wires.

Sears gets brownie points for selling energy-efficient appliances .

Sears starts Christmas shopping season off with a strong Thanksgiving weekend.

And the biggie -- Sears expands its website with online gift cards, online credit applications, instant processing, and my favorite: Tool Territory. It sounds like Sears is playing to its strengths. 

Meanwhile, the stock has bounced back at least part of the way from that dread moment when it was kicked off the Dow. It dropped as low as $27 after the Dow announcement, but closed today at $34.50 -- up 28% in six weeks. It still has a long way to go before it gets back to the price range of $40 to $50 where many Foolish Four investors bought it last spring, but at least it's going in the right direction, at the moment anyway. More important than the stock price may be the more positive attitude I seem to detect about the company's future.

If I may be permitted a small sermon -- O, Ye of little faith! Six weeks ago Sears was the dog that would never bark again.

The whole point of the Foolish Four strategy is to find the companies that people think are on death's door. Because we deal only with blue-chip stocks, the chances are good that most of the weeping and wailing is over-reaction.. Sure, these companies are having a hard time, but in most cases the problem is temporary (as in, it goes away in a year or two, but usually not in a month or two).

The discipline of the Foolish Four strategy helps us pick those stocks when no one else wants them. Naturally, they are not going to turn around the day we buy them, and some will never turn around. But you buy them, you wait a year or two, sometimes three, and at some point management wakes up, or the economy changes, or the rest of the investing world discovers that undervalued gem, and your patience is rewarded.

The problem with Sears isn't that it didn't turn around soon enough, but that it continued to drop after a lot of folks in this community bought it. When they made their actual purchase will ultimately affect how this stock does for them.

That's one of those unfortunate truths, and the basic underlying reason why investing in stocks pays better in the long run than investing in sure things.

By the way, now that I have called Sears a "turnaround," you can expect it to start another decline beginning right... about... now. But I'm not worried. I'm heading over to Tool Territory!

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Sears Stock Upgrade
 Brenon Daly, Susan Lerner & Tomi Kilgore - MarketWatch
Dec. 1, 1999

Sears, Roebuck and Co. is gaining 11/16 to 34 7/8. In Banc of America's mid-day report, analyst Thomas H. Tashjian upgraded the retailer to "buy" from "under-perform." He believes the stocks current valuation offers an "excellent entry point in the face of strong holiday performance." The 12-month price target for the former Dow Industrials component is $44. Tashjian also lifted his fourth-quarter EPS estimate to $1.50 from $1.47, but the repurchase program of 10 percent of its outstanding shares "could offer further upside."

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Sears Statement Regarding Exide Battery Investigation
Hoffman Estates, Il. 
Nov. 30, 1999

Attorneys for Sears have been in communication with the U.S. Attorney's Office for the Southern District of Illinois regarding allegations stemming from Sears former sales of Exide batteries, and the company is cooperating fully.

In April 1999, Sears reached agreement with the State of Florida to close its two-year investigation into the company's purchase, distribution, and sale of automotive batteries supplied by Exide Corporation. Sears strongly contested the State's assertion that Sears was selling used batteries as new, and the State did not file any charges against the company. Sears paid the State's $985,000 cost of investigation. Sears has always sold and continues to sell new first quality automotive batteries in all of our stores.

Sears recently obtained the sworn statement, which was given to the Florida Attorney General's office by Joseph Calio, Exide's former senior vice president for sales and marketing. In his sworn statement, Mr. Calio admitted that Exide paid a former Sears battery buyer $20,000 in cash. Sears has filed a claim against Exide and Mr. Marks with respect to this matter. Sears was outraged to learn of the payments and is seeking civil recourse. Sears has ceased doing business with Exide as of March 1, 1999.

Through its network of more than 850 full-line stores and 2,100 specialty stores, Sears provides apparel, home and automotive products and related services for nearly 60 million American households.

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Sears Shareholder Lays It On the Line
Steven R. Strahler, Crains Chicago Business
Nov. 22, 1999

A Sears, Roebuck and Co. stockholder has asked the company for a shareholder vote on hiring an investment banking firm "to arrange for the sale of all or parts of the company." William Steiner, a Great Neck, N.Y., investor who says he owns 1,350 shares, argues, "Present management has been unable to do anything. They need more than a shake-up." 

Ed. Comments: If it is brought to a vote on the proxy, this could mean big trouble for Arthur Martinez! There are many institutional and private investors that are exceedingly unhappy with Arthur's performance.

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Michigan Sues J. C. Penney Over Price Scanning
 Reuters
Nov. 24, 1999

Michigan sues J.C. Penney over price scanning NEW YORK, Nov 24 (Reuters) - The State of Michigan is suing J.C. Penney Co. Inc., charging the No. 4 U.S. retailer with deceptive sales practices after an in-state survey found Penney's check-out scanners were wrong on a third of purchases of on-sale items, the state attorney general's office said.

The Michigan Attorney General's Office surveyed 19 stores, including four J.C. Penney department stores, and found an overall scanner error rate of 16.8 percent, an increase over the prior two years.

The survey also found that 85 percent of the scanner errors were overcharges that are unfavorable to customers.

Officials focused on goods that were on sale, since those items are used to draw customers to stores and also show most of the scanning errors, the attorney general said.

In the survey, J.C. Penney, which has 1,150 department stores nationwide, inaccurately scanned 18 of 54 items purchased, the attorney general's office said.

This topped Hudson's and Sears  news, which made errors in 11 of 59 items and 11 of 63 items, respectively. Mistakes were found in 26.7 percent of the 15 sale items scanned at Montgomery Ward, but one of the four mistakes was an undercharge.

Target had two overcharges of the 30 sale items purchased and Mervyn's had one undercharge of the 32 items purchased.

J.C. Penney spokesman Duncan Muir said J.C. Penney has not yet seen the lawsuit, but acknowledged that the scanning mistakes came from ``human error'' by leaving promotional signs up too long.

The Plano, Tex.-based retailer said in a statement issued on Tuesday that it works ``diligently'' to ensure customers are getting the correct price and that it is disappointed with the results of the survey.

``Over the past several years we have built a cooperative relationship with the Michigan Attorney General's office,'' the retailer said. ``On more than one occasion, we have made our stores available for the training of the Attorney General's inspectors. We expect to address their current concerns in the same spirit of cooperation.''

In this year's survey, J.C. Penney, Hudsons, Mervyn's, Montgomery Ward, Sears, Kohl's, and Target stores were surveyed. In 1998, 15 percent of items purchased showed scanner errors and 13 percent showed errors the prior year.

In the holiday season of 1996, scanner mistakes appeared in 19.8 percent of sale items purchased in the survey.

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Sears Retirees Rally Over Benefit Cuts
Chicago Daily Herald
Nov 24, 1999 

Two years ago after Sears, Roebuck and Co. announced a cutback in its life insurance, about 100 retirees showed up on a Tuesday at the Oakbrook Center Sears store to protest. The National Association of Retired Sears Employees continue to be active, with a mailing list of 26,000 and a Web site, www.narse.org. Retirees also have a pending class action suit against the Hoffman Estates-based retailer.

Ed. Comments: Another indication to Arthur Martinez that we are not going away! It was an enthusiastic and excellent turnout. NARSE is growing much faster than our expectations, but we have a ways to go to be able to contact all 133,000 retirees. Now that you are probably starting your Christmas card list, why not create a separate list of known retirees and send to NARSE to be added to our mailing? Advise me of any email addresses. Send your mailing list to: NARSE c/o Mr. Bud Defano, V/P Membership 1602 Cedar Lane Mt. Prospect, IL 60056-1518, Phone: 847-299-6844 If you are sending Bud a fax, phone first.

There are two courts in the United States that NARSE is utilizing: (a) The court of public opinion, (b) and the court of law. Either will have an effect on the company, but the court of public opinion may well hurt the most. Arthur, why don't you just give us back our long promised paid up life insurance?

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Sears Board of Directors Dysfunctional?
The 10 Red Flags that Signal Dysfunctional Boardrooms

 Crain's Chicago Business, Frederick W. Wackerle
Nov. 22, 1999

As shareholders continue to clamor for more board accountability and a membership list that reflects less cronyism, more public corporations are searching outside their old boy and old girl clubs for new board members.

The search beyond their own Rolodexes has resulted in more non-CEOs and functional executives on their corporate boards than ever before.

In most cases, this means that neophytes are being tapped for these important corporate directorships.

But some boards are like dysfunctional families. They may seem very healthy and productive to the fledgling board member with little high-level governance experience, but beneath the veneer of corporate calm, they're often consumed by conflicts that can render them ineffective — and sour the experience for rookie members.

If you're contemplating a directorship at a public company, watch for these 10 warning signs:

1) The board includes more insiders than just the CEO.

2) A director is a vendor.

3) A director is a lawyer, consultant or venture capitalist.

4) Many of the directors have served for more than 15 years.

5) There are no term or age limits.

6) There's no diversity.

7) The company consistently ranks below its competitors, or the stock price has languished for several years.

8) The former CEO sits on the board.

9) Board members don't own company stock, or management ownership is insignificant.

10) The CEO is two years from retirement but hasn't identified a successor.

If the board you're considering includes more than four of these pitfalls, there's a very good chance that this "corporate family" — or CEO — is dysfunctional.

By dysfunctional, I mean you've encountered a potential "rubber stamp" board that has little dedication to effective governance — a frustrating scenario for new directors flush with the passion for and commitment to innovative thinking and leadership.

Indeed, an acquaintance of mine, after his first years as director of a public company, was asked by the CEO how he liked being on the board. His honest response: "This has been the most enjoyable rubber stamp board I've served on."

He didn't stand for re-election, nor was he asked to.

By the same token, I've discovered that even outstanding boards of successful companies well-run by talented CEOs can demonstrate some of these characteristics. Board members are reluctant to "rock the boat" or challenge either the CEO or themselves when business is good, the stock price is high and competition is getting killed. Their mild dysfunction isn't critical.

Troubled companies are another story. Before joining the board of one, ask how the company's problems developed and why the board didn't head off the decline. Scrutinize the board for the 10 red flags, and determine its commitment — and game plan — to overcome its problems.

So, be careful. It's an honor — and career builder — to sit on the board of a public corporation. But if you're a neophyte, check out your would-be "family" first. Don't respond with a rapid "yes" when it makes more sense to be wary.

Frederick W. Wackerle is a Chicago-based consultant who advises boards of directors and CEOs on succession and senior management issues.

Ed Comments: 
Certainly Sears is a troubled company! Having served on a number of boards, I find the authors comments well founded. If you rationalized the above comments reflecting upon the current Sears Board of Directors, one would most certainly determine that the Sears Board would be considered dysfunctional! Keep writing your letters to them expressing your opinions.

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Deep Discount for Sears' Plans
Susan Chandler, Chicago Tribune
Nov. 20, 1999

It must be New Math. How else can city officials explain how a $30 million commitment by Sears, Roebuck and Co. to renovate its six Chicago stores could shrink to $12 million?

Mayor Richard M. Daley himself boasted about the $30 million figure on the September day he announced the city was providing $9 million in taxpayer-funded assistance to Sears to build a new store on State Street.

The quid pro quo was all part of City Hall's attempt to drive a hard bargain with Sears, which requested about twice as much public money as the city originally expected.

Yet somehow, when the Sears financial assistance package came before the City Council Finance Committee for approval this week, Sears was only committing to spend $12 million.

The math goes like this, City Hall officials explained. Sears is getting credit for $18 million it already spent renovating its Chicago stores from 1993 to 1999. So $30 million minus $18 million is $12 million.

Don't worry, they assured the skeptical City Hall press corps. Sears will spend the full $30 million on those stores anyway; it just doesn't want to be on the hook for it.

Considering how Sears has missed its earnings targets and fumbled its retail turnaround lately, no wonder.

Psychic elf: Every mall has its Santa Claus during this time of year to delight children and help parents figure out what the kiddies have their hearts set on.

Gurnee Mills is marching to the beat of a different drummer boy.

The giant outlet mall in far north suburban Gurnee has hired a psychic. Clairvoyant Joanna Ammons will be on hand Saturday afternoons from Nov. 27 to Dec. 18 to help clueless shoppers read the minds of those hard-to-please types on the gift list.

"Who doesn't have someone on their list who is hard to shop for?" said Peg LaFond, general manager of Gurnee Mills. "Ms. Ammons has a remarkable record for accurately predicting future events and discerning personal preferences."

The Psychic Aid Station at Gurnee Mills is located in Grange Hall, near Bed Bath & Beyond. Readings are free to shoppers. But Ammons won't be available to help with returns.

Mama Martha: Many things come to mind when the name Martha Stewart is mentioned. Extravagant weddings. Turkeys wrapped in pastry. Perfectionist. Newly minted billionaire.

Maternal, however, doesn't make that list.

Nevertheless, Kmart Corp. is expanding its very successful Martha Stewart line of home accessories and linens to include baby stuff.

The new line offers everything from soft cotton crib sheets and baby bumpers to hooded bath towels. There is even a set of burp cloths, each embroidered with the day of the week.

Warning to new moms: It's definitely a Martha no-no to burp on Friday with a cloth that says Monday.

On the move: Eric Lane has been promoted to director of e-business for TruServe Corp., the Chicago-based hardware co-op owned by 10,000 independent retailers.

Lane, a Lisle resident, will have his hands full. Giant Internet retailer Amazon.com recently began selling home improvements on-line and Home Depot Inc. is planning to launch its own e-commerce site next spring.

Ed Comments: Is Martinez reneging another promise? Could it be that Martinez is now finding difficulty with capital expenditures? One can't help but wonder what he'll sell next?

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Upcoming Social Security - A Key to Planning Future
Charles Jaffe, The Boston Globe 

Editor's Note:
I'm aware that there are some personnel on NARSE's email loop that are not old enough to collect Social Security or may have family members who are considering retirement. The article below may give guidance to them.

In the next year, you are almost certain to be part of what is almost certainly the largest direct-mailing in history.

Before you start groaning about another one of those publisher's sweepstakes memos cluttering your mailbox and vowing to throw away whatever junk mail comes your way, consider that this mail comes from the Social Security Administration and will help you plot your financial future.

Beginning Oct. 1, workers aged 25 and up will begin receiving ''Social Security Statements,'' a new four-page form that will help recipients figure out how Social Security fits into their future.

By the time it finishes what will become an annual task, Social Security will have mailed 125 million of its new statements, or roughly 500,000 per business day. You will get yours roughly three months before your birthday, meaning that the first letters will go out next month to people born in January..

Social Security officials will say only that this is the largest ''customized mailing'' ever undertaken by any federal agency. It is possible, but doubtful, that some private company has undertaken a bigger direct-mail campaign..

But the size of the mailing is less important than the realization that the Social Security Statement is not junk mail.

The new statement is an updated version of the badly named Personal Earnings and Benefit Estimate Statement that Social Security has sent out for years to those workers who request it. In an average year, however, no more than 4 million people request the form.

''In the past, many people would turn 55 or 62 and walk into a Social Security office and say `I'd like to retire,' and they were guessing at the benefits they were entitled to,'' says Kenneth S. Apfel, commissioner of the Social Security Administration. ''It's a little late at that point.

''We think that the new statement will help people plan better for retirement.''

And it will, provided recipients pay attention.

Says Apfel: ''The 30-year-old will read it a little less carefully than the 40-year-old, who will read it less carefully than the 50-year-old. The closer you get to retirement, the more accurate the information and the more important it is for planning.''

Half of the new statement is a refresher course in what Social Security is and how it works. Blah-blah, important stuff but dull.

So look for the numbers.

First, there are your estimated benefits, which tell you if you have enough credits to qualify for Social Security and how much you would get - based on your current earnings - if you stopped working and started taking Social Security at 62, 67, or 70. It also shows the benefit you would get if you became severly injured or that your family would receive if you died.

The second part of the equation involves a history of your earnings.

This is the part of the statement you will want to compare with your own records, so you can make sure you have been properly credited for taxed Social Security earnings from the past. If something looks wrong or does not match your records, contact Social Security to get the data changed (and your benefits improved). The whole procedure is outlined in the statement.

While the Social Security Administration does not know what percentage of statements contain earnings mistakes, the agency is forecasting complaint calls at a rate that suggests possible mistakes in 1 to 3 percent of all statements. Those errors could be the fault of Social Security, or of citizens' former employers.

Past tax paperwork, such as W-2 forms or tax returns, should clear up problems, but there may be other solutions if you do not have old tax returns dating back to the start of your working career.

''It's always easier to reconstruct those records today than tomorrow,'' says Apfel. ''So even the people who aren't close to retiring will want to look at their earnings history and make sure things are right. You don't want to wait 10 or 20 years and then try to fix a problem.''

The further you are from retirement age, the more likely the numbers in the Social Security Statement will scare you. That's because the benefits are based on your current income and are not adjusted for the inflation we are likely to experience between now and when you retire.

Apfel said the lack of an inflation kicker was based on the fact that some people might look at the blown-up numbers and be more likely to see Social Security as a complete source of retirement income, rather than a supplement to other savings.

As for earnings projections, there was no practical way for the agency to make them. Still, you can get a customized statement if you have some idea how your income will change over time. You can get the form needed to request a personal earnings statement from Social Security's Web site, www.ssa.gov or you can request a form by calling 1-800-772-1213.

(If you request a report in the next 12 months, you will not be part of the Social Security mailing over the next 12 months; because the statement includes earnings projections and should be more accurate, the agency will skip the extra paperwork to focus instead on your 125 million closest neighbors.)

Ideally, the new statement will become a planning tool, a wake-up call for those people who somehow still believe Social Security is more than just a financial crutch in retirement. Says Apfel: ''Clearly, a number of people will see the numbers and say `Social Security, wow, it's going to be hard to live on that.' And if that happens, the statement will provide a spark for those people to save more.''

Of course, plenty of people still question whether they will ever see benefits, given the long-term solvency problem of the administration (which currently forecasts running out of money in 2034). Apfel clearly is disappointed that there is no consensus yet on how to fix/save Social Security, and that none seems forthcoming this year.

He tap dances carefully around the issues of how saving Social Security could mean invalidating the personal statements the agency sends out. ''The estimate is not just a projection based on current income,'' he says, ''it's based on current law. Both could change.''

Still, all indications are that Social Security is likely to keep providing benefits (one way or another) for the work force that receives the new statements.

Because of that, this is one mass mailing you should not ignore.

Charles A. Jaffe can be reached by e-mail at jaffe@globe.com or at The Boston Globe, Box 2378, Boston, MA 02107-2378.

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Sears Languishig Stock Price/Missed Opportunities
Numbers You Won't See in the Sears Annual Report
David Snyder, Crains Chicago Business
Nov 15, 1999

Nowhere is the unsuccessful turnaround — and uncertain future — of Sears, Roebuck and Co. more evident than in its languishing stock price. As I write this column, Sears shares are hovering near a 52-week low of less than $30. That's a drop of about 45% from their 1999 high, and roughly the same price at which they traded in October 1993.

If you've held Sears shares for the past six years, your return (exclusive of a modest dividend) has been zip. If you bought Sears as recently as six months ago, you've taken a bath.

What is so significant about the decline in Sears' market value is not so much what it says about the company's current condition, but that it indicates how little confidence investors have in Sears' future — even after two months of positive sales reports.

A new merchandising strategy? Investors have heard promises before. In the end, those promises turned out to be more hype than reality.

A new management team? Sears CEO Arthur Martinez in September created a three-person office of the chief executive as a damage-control move following a grave earnings warning. Joining Mr. Martinez in that crowded office are two of his former CFOs. What Sears desperately needs now are merchants, not more numbers guys.

Its e-commerce strategy? This is perhaps the biggest tragedy of all, and it's likely to be the company's most costly mistake.

What's ironic is that Sears had a chance to be an early Internet leader. Remember, it was once a 50% owner of Prodigy — one of the first commercialized online services. But along with partner IBM Corp., it never really managed Prodigy well, and it lost bundles. Mr. Martinez sold Sears' Prodigy stake in 1996 for an estimated $125 million. Today, Prodigy is no America Online Inc. (AOL), but it has a market cap of $1.4 billion.

And in terms of a distribution, fulfillment and direct-marketing operation, which even the most successful e-tailers are struggling to build? 

Sears had one, but dismantled it when it closed its catalog in 1993.

To add insult to injury, Sears also had a 30% stake in a high-speed data networking company called Advantis, which it sold to IBM in 1997 for $450 million. Late last year, IBM sold its global Internet communications network, a majority of which was Advantis, to AT&T Corp. for $5 billion.

So, Sears had all the pieces to be a dominant e-commerce player, but it blew the chance. To get a sense of how costly the mistake was, consider this: Sears today has a market capitalization of less than $11 billion. Amazon.com Inc. has a market value of more than $24 billion. EToys Inc., which competes in just one sliver of the retail arena, has a market cap of nearly $6 billion.

And of course there's AOL — the company Prodigy could have been. Its market capitalization tops $160 billion — more than 10 times higher than Sears'.

Now, Sears has embarked on a push to make up for lost time. It went online with sales of its Craftsman tools in 1997, with its holiday Wish Book in 1998, and this year, it launched an appliance site.

But the market doesn't believe Sears will be a winner, and its skepticism is well-founded.

With Sears' core business on the ropes, can the company really afford to absorb the development and marketing costs needed to be a winner in online retailing?

And even with a key strategic advantage — the ability to offer online shoppers a bricks-and-mortar option for pickups and returns — one must ask if Sears can simultaneously fix its traditional retail business and successfully launch a new e-tail business.

The answer is likely to be no. Which is why Sears — which earlier this month was removed as one of the 30 stocks in the Dow Jones Industrial Average — is yesterday's story on Wall Street, not tomorrow's.

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Shocks to Shoppers Shake Retail Sales Stock Volatility, Rate Rise Slow Growth
Susan Chandler, Chicago Tribune
Nov. 5, 1999

Rattled by stock market volatility and higher interest rates, U.S. shoppers took a breather in October, causing sales to slow at many of the nation's largest retailers.

While the overall monthly sales increase was still a healthy 5.3 percent, that represented a considerable slowdown from the 7.2 percent average earlier this year when consumers were spending with abandon.

In fact, retailers have been enjoying one of the strongest years in recent memory, boosted by low unemployment and high levels of consumer confidence. But October's numbers cast some doubt whether the holiday season will be as strong as retailers hope.

"The consumer fundamentals have turned more negative, and we are seeing a change of pace for the industry," said Michael Niemira, a retail analyst at Bank of Tokyo-Mitsubishi in New York.

It was a particularly rough month for some previously hot retailers such as Gap Inc. But other merchants who have been struggling, including Sears, Roebuck and Co. and Neiman Marcus Group, did better than expected.

Hoffman Estates-based Sears, which is trying to entice shoppers with a more value-oriented marketing campaign, said its same-store sales, or sales at stores open at least a year, rose a healthy 4.7 percent in October.

Chief Executive Arthur Martinez said the strong showing was evidence that customers were responding to "more focused merchandising in our stores."

Among the retailer's best-sellers were home appliances, particularly Sears' new Kenmore Elite line of high-end dishwashers and refrigerators.

Other popular categories included home electronics, jewelry, cosmetics and outerwear. But women's apparel continued to be a trouble spot.

Sears' better-than-expected performance was in sharp contrast to J.C. Penney Co., where same-store sales decreased 5.7 percent. Penney, based in Plano, Texas, also is trying to reinvent its moderate-priced apparel business.

The discount segment continued to benefit from shoppers' quest for value.

Sales at Wal-Mart Stores Inc., the nation's largest retailer, rose 6.2 percent, while Kmart Corp. racked up a 3.7 percent increase.

Target, the discounter that is part of Dayton Hudson Corp., continued its robust performance with a 5.4 percent sales increase.

At Kohl's Corp., the moderate-priced apparel and housewares chain from Menomonee Falls, Wis., sales rose 6.2 percent.

Meanwhile, department stores turned in a mixed performance, with some chains actually posting sales declines.

St. Louis-based May Department Stores Co., parent of Lord & Taylor, said sales declined 2 percent last month. Dayton Hudson's Department Store Division, which includes Marshall Field's, posted a 1.4 percent decrease. Overall, Dayton Hudson's three divisions posted a 2.9 percent increase.

Federated Department Stores Inc., the nation's largest department store chain, said sales rose 5.3 percent, and Saks Inc.--parent of Carson, Pirie Scott--reported a 4 percent increase.

Upscale retailer Neiman Marcus beat them all with a 9.4 percent jump in sales.

Specialty retailers, which were some of the strongest performers early in the year, saw their performance diverge widely last month.

Ann Taylor Stores Corp. and Limited Inc. continued their comebacks. Ann Taylor, the women's apparel chain, said sales rose 11.2 percent. Limited, which owns Express, Structure and Lane Bryant, reported an 8 percent increase.

But Gap, one of the industry's strongest performers, stumbled as sales slowed in its Gap store division. For the first time, Gap provided rough guidance to analysts about how each of its divisions was doing.

At its core Gap chain, sales declined by a single-digit figure, Gap said. Its Banana Republic chain turned in a mid-single digit increase, on top of a 20 percent-plus increase in the same month last year.

 
Nov. 5, 1999

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Exide Corporation Responds to Sears 
Counterclaim in Lawsuit

Exide Corp. Press Release
Nov. 19, 1999

Exide seeks damages in an amount not less than $15 million for batteries Exide shipped to Sears, and a return of bonuses and credits Exide paid to Sears.

In a counterclaim filed last week, Sears alleges Exide made cash payments of $20,000 or more to a Sears employee. According to the Sears counterclaim, the payments were made after Sears awarded Exide an initial supply agreement.. Sears states in its counterclaim that the employee did not have the authority to select battery vendors.

Exide denies that any current member of its senior management team, manager, or agent of the company made or authorized the alleged payments.

John R. Van Zile, Exide's vice president and general counsel, said, ``In my opinion, the Sears counterclaim is an attempt to divert attention from the fact that Sears owes Exide more than $15 million.''

Van Zile also noted that Sears raised these issues only after Exide sued Sears and more than a year after Exide disclosed to Sears that the payments might have been made by former Exide managers.

In addition, Exide management also said that it has resolved customer claims concerning the quality of its batteries at no additional cost to Sears or its customers. Exide management said it would vigorously pursue its lawsuit against Sears.

Exide Corporation, with annual revenues of approximately $2.4 billion and operations in 19 countries, is the world's largest manufacturer of automotive and industrial lead-acid batteries. Further information about Exide's businesses and products is available at www.exideworld.com

 

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Foolish Four Portfolio - Selling Losers
Oh, the pain, the agony!

Ann Coleman
Nov 12, 1999

Not all of my investments are in Foolish Four stocks. This is good because it constantly reinforces the value of a disciplined mechanical strategy as I grope and twist my way to a reasonable portfolio return.

But man, I hate to sell a stock that is down. I just can't stand to let go. I always think that it will come back, especially if there is no good reason for the drop. (See, I'm doing it already -- rationalizing away!)

Why can't I sell a loser? I've thought about it a lot and have come to the conclusion that it isn't my belief in the company, it isn't my belief in the long-term buy-and-hold approach, it isn't even because I am afraid it will go up after I sell it (although that seems to happen fairly often). It's because selling it at a loss means I've really lost money on that investment. It means I was WRONG. That's right, it's really about ego.

This is not good. I pride myself on being a rational person. It's not rational to hold on to a stock when you are pretty sure that it has very little possibility of going up. It's really irrational to hold when think you have better places to put your money. In fact, it's downright stupid. I do it anyway.

This is one of many reasons why I also invest in the Foolish Four and our Workshop strategies. They are unemotional, mechanical strategies that tell you when to buy and, more importantly, when to sell. Hey, they might be wrong, but at least I have the excuse that I was just following the strategy.

A fair number of Foolish Four investors are coming up against a tough call -- selling Sears and/or Goodyear Tire. As most of you know, those two companies were dropped from the Dow at the beginning of this month. Many people that bought their Foolish Four stocks early this year are still holding Sears and Goodyear, and holding them at a loss.

The dilemma is this: Now that they are no longer Dow stocks, they won't be on any new Foolish Four lists. Therefore, anyone strictly following the strategy will sell them when their renewal date comes along. BUT, if they were still on the Dow, they would be classic slow starters, stocks that one would renew for a second term, and the chances are pretty good that they will turn around sometime next year.

So if, like me, you hate to sell a stock that is down, you will be thinking: Why can't I just pretend that they are still on the Dow?

Hey, you can! With my blessing. Despite the fact that I constantly talk about following the strategy and the discipline that a mechanical strategy imposes, this IS The Motley Fool where you are in charge of your financial decisions.

Now, whether that is the "best" thing to do is a whole 'nother question. And I don't know the answer.

But here's something to think about. Which decision ultimately turns out to be the "best" decision isn't about whether Sears or Goodyear rebound next year. The real question is, What would you invest in otherwise, and how will it do? (Yes, I'm paying attention to this message, too.) In one sense, that's a useless question because we can't possibly know the answer.

But in another sense it is an excellent question, because it changes the way we think about buying and selling stocks. If you own 100 shares of Sears right now, your holding is worth almost $3,000. So let's look at it this way: Suppose, instead, you had $3,000 in cash right now. How would you feel about using the "old Dow" stocks (meaning you hold Sears) vs. switching to the new Dow?

(Ignore commissions. Commissions are so low these days that for all but the smallest portfolios, they don't even need to be considered in decisions like this. Any commission rate below $15 means that you can buy the new stock and sell the old one for less than 1% of $3,000.)

What it comes down to is this: Your current ownership of Sears or Goodyear should have no bearing on your decision to own it next year.

Fool on and prosper!
 

 
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"Leading Companies Have Great Leaders"

Ed Carson
Investors Business Daily, Oct 19, 1999 

Quote...Why do some companies put together a few quarters of strong earnings before flaming out while others deliver outstanding profit growth year after year? The bottom-line difference often starts at the top. Poor management can sink a company despite having great products. And good managers can squeeze out strong profits out of an ordinary business. So you'll want to learn a few things about top management. How long has the CEO, Chairman, CFO and others been in their current slots at the company? How have sales and profits done during their tenures? Where did they work before and what were their tack records? We look to see if management has the strategy to be able to take these companies larger. If they have that vision and can execute. It's good for the company and good for our shareholders."....end quote.

Editorial comment.......

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Great leaders create assets not sell off assets.

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Great leaders develop strategies that work. 

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Great leaders do not force retiring loyal, ethical, long service executives to sign "gag" orders. 

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Great leaders trust their senior management team. 

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Great leaders are not paranoid. 

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Great leaders do not reorganize...reorganize.. reorganize. 

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Great leaders create jobs not work force reductions. 

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Great leaders company's are not found guilty of fraud. 

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Great leaders company's are not beseiged with class action law suits. 

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Great leaders do not record hundreds of millions of dollars in special charges against profit, annually. 

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Great leaders make money the old fashion way, sales and profits. 

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Great leaders are not driven by a "what is in it for me first" attitude. 

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Great leaders do not destroy corporate knowledge. 

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Great leaders do not manage through a revolving door. 

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Great leaders do not blame bad decisions on flawed advice. 

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Great leaders rely on experienced executives not hired consultants. 

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Great leaders manage by instinct not from an Office of (financial) Executives. 

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Great leaders do not make profit at the expense of its retirees and associates. 

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Great leaders do not refer to their retirees as burdens and dinosaurs. 

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Great leaders do not count need a friendly a Board of Directors.

Leading companies have great leaders................
why not Sears?

 

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Shoppers Aren't Seeing the Silly Side of Sears
Susan Chandler
Nov. 13, 1999

Paco Underhill makes his living figuring out what makes shoppers tick. He and his employees spend hours tracking shoppers in stores, recording their every movement and gesture, like Jane Goodall studying chimpanzees in Tanzania.

Why did that woman buy the house brand of shampoo instead of the name brand? How many towels did that shopper touch before making her purchase?

How many men will walk away if they can't find a dressing room without asking directions? Answer: Almost all of them.

Paco's findings may not be as revolutionary as Goodall's discovery that chimps eat meat, but they translate into big bucks for the retailers who pay for his services.

So while Underhill, managing director of Envirosell Inc. and author of "Why We Buy," was in Chicago speaking to a group of J. Walter Thompson executives and clients Thursday, we asked him what has gone wrong with the turnaround saga at Sears, Roebuck and Co.

It's simple, Underhill says. Sears isn't taking enough risks or having enough fun. When shoppers roam the store, nobody is giggling.

"What you have to do is romance the product. People come into a store for something other than shopping. They want to be entertained," Underhill says.

So how exactly should one of America's most staid merchants pull that off?

Sears executives already had the secret, but they didn't follow through, Underhill says. They should have translated the quirky humor of their popular "Softer Side" advertising campaign onto the selling floor.

Remember the ads? They were clever puns on Sears' well-known hardware products.

Using the same theme on the selling floor, Sears' display artists could create a pyramid of real tool boxes next to the party handbags, for example. Or they could stack cans of Weatherbeater paint next to the Circle of Beauty cosmetics display.

It's the kind of offbeat juxtaposition that has made Restoration Hardware so popular with consumers, Underhill says. The store markets everything from inexpensive kazoos and Slinkies to $1,600 leather chairs and $3,000 couches--all with the same passion and sense of fun.

Of course, it's hard for Sears to lighten the mood when sales are disappointing and investors are howling. But with so much sharp competition out there, retailers don't have a choice, Underhill says.

Instead of asking themselves, "What's happening with same-store sales?" maybe Sears executives should inquire, "Are we having fun yet?"

For sale: Ever wanted to own your own shopping center? Now's your chance.

Dorchester Commons, a strip center at 1400-1420 E. 53rd St. in Hyde Park, will be on the auction block Dec. 7 at the Westin Hotel, 909 N. Michigan Ave. The center, which is 100 percent leased with tenants such as Osco Drug, Pizza Hut and H Block, takes in more than $500,000 a year in gross income, according to auctioneer Benj. E. Sherman Sons.

Opening bid: $1.95 million. A nice stocking-stuffer for the man or woman who has everything.

On the move: Marigale Walsh, the former manager of Bottega Veneta at 840 N. Michigan Ave., is on the move, but she's only around the corner. She now works as director of the Escada boutique, which also has an 840 N. Michigan address.

Kudos: Gordon Segal, founder and chief executive of Crate Barrel, has been named retail executive of the year by the National Retail Federation, the industry's largest trade group.

Segal will receive the 2000 Gold Medal Award for Excellence at the retail group's annual convention in mid-January.

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Sears Future Web Sites
Richard Karpinski, 
Oct. 26, 1999

INTERNETWEEK via NewsEdge Corporation: Despite big talk from a few quarters, most large brick-and-mortar retailers are still struggling to move online in a way that would challenge-much less intimidate-e-retail leaders such as Amazon.com.

Top-line retailers such as Wal-Mart, Home Depot, Toys "R" Us, Best Buy and Walgreens have all pushed back their online launches in recent weeks, in some cases even sacrificing the lucrative holiday 1999 season.

Despite such delays, 64 percent of retail industry managers view the Internet as a significant competitive weapon, according to InternetWeek's 1999 Transformation of the Enterprise survey. And 62 percent say IT has become more involved in planning corporate strategies.

So what's holding some of them back? In many instances, major IT challenges-supporting direct-to-consumer distribution, building bullet-proof Web infra- structures, and perhaps more than anything, figuring out how to create fleet-of-foot e-commerce teams within their corporate bureaucracies.

Most retail supply chain systems are designed to move products from warehouse to warehouse and track that information, versus catalog systems used by pure Web retailers that take a single order from a customer.

Yet Web retailers-despite a tremendous head-start in serving customers online and deploying state-of-the-art e-commerce technologies-aren't exactly setting the world on fire either. Amazon.com, for one, won't post a profit anytime soon. Conventional retailers still are well ahead of their online counterparts in revenue and brand awareness.

This competition is still in its earliest stages and has many industry watchers predicting major consolidation between online and offline retailers, perhaps as early as next year. "What we see in the long term is click and mortar-true integration between online and offline channels," says Lauren Cooks Levitan, a retail analyst with BancBoston Robertson Stephens.

Fact is, e-retailers and brick-and-mortar retailers are starting to look more alike. As Amazon builds and acquires physical warehouses, for instance, its astronomical market capitalization is down about 25 percent from its summer high.

"The business models have converged, and so have the valuations," says Levitan. "E-tail is looking more and more like a technology-enabled distribution challenge, not a whole new world."

Forrester Research calls such integration "post-Web" retail, with companies aggregating customer data and selling simultaneously into all channels, not just the Web but also in-store, catalogs, call centers, interactive TV and mobile devices. "None of today's merchants are prepared for post-Web retail," says Forrester analyst Seema Williams.

For retail IT managers, their to-do list starts with finding supply chain systems suited for e-commerce fulfillment. Supply chain execution and warehouse management vendors are adding e-commerce capabilities, but the technology is still new.

Also at the top of the list is overhauling the corporate call center to support new systems for managing online inquiries, especially e-mail but increasingly live chat and Web-callback capabilities as well.

And finally, once a simple Web catalog is in place, most top-shelf Web retailers quickly want to create more personalized relationships with their customers, which requires new data mining and personalization systems.

For instance, Sears is doing its best to move its e-retailing sites to the next level. It initially launched several "super sites" focused on tools and appliances-not your typical online categories, but ones that Sears thinks it can dominate. Now, it's rolling out a personalization platform from Broadvision to get closer to its new online customers.

"We want to be more intimate with our customers, tailor what we do more to their needs," says Andy Wetmore, project director for Sears.com. " We're creating a brand new image for Sears online, and it may be different from Sears offline."

Still, Sears isn't trying to be a mere dotcom. It sees its stores as a strength, not an albatross. "We can't look at any of our businesses as islands," he says. "If we only let you do business with us on the Internet and don't make it seamless to return merchandise or get store information on the Internet, then we've failed. We believe the linkage with brick-and-mortar stores is going to be a huge advantage for us. It's something the pure virtuals will never be able to do."

Indeed, brick-and-mortar vendors will have to play to their strengths. " You have to be willing to sell and return into all three channels" -in-store, catalog and Web, says Tony Spring, executive vice president of marketing for Bloomingdale's and a driving force behind Bloomingdales.com. "When you begin to deliver personal shopping into somebody's home, the customers' expectations go up. They demand immediate gratification, and the quick receipt and delivery of merchandise."

Jerry Storch, president of new businesses at Dayton Hudson Corp., agrees that multichannel retailers "will be the greatest winners." Storch oversees the e-commerce launch of all of Dayton's brands, including its namesake stores and Target.com. The company also bought a catalog company, Rivertown Trading, mainly to get access to its direct-to-consumer warehouses and IT.

"We have viewed this from the beginning as an opportunity, not a risk, " says Storch. "Traditional retailers tend to be defensive. They refuse to do anything online that will cannibalize their sales. We find this totally ridiculous. Far from being threatened, we see this as another way to win."

More and more brick-and-mortar retailers are coming to the same conclusion. For example, electronics retailer Electronics Boutique is taking a stab at e-commerce with EBWorld.com. The company's existing IT systems didn't cut it, so it bought a direct-to-consumer order management system from vendor CommercialWare and recently opened a massive customer care center in Las Vegas.

The e-retailer made these huge investments this year, after an an onslaught of customers last Christmas.

"We absolutely learned the fulfillment and customer service standards that we had committed to work with were overwhelmed by the business," says Seth Levy, president of EBWorld.com. "Now we look at them as our core strengths. We are masters of our own destiny."

Whether Amazon.com and company fall back to the pack, or Dayton Hudson, Sears, et al. catch them from behind, the year 2000 is likely to see tremendous consolidation and the emergence of true click-and-mortar players.

"The gap is closing from both directions," says Karl Salnoske, IBM's vice president of e-commerce and a watcher of e-retailing trends. " Traditional retailers are becoming much more Internet-savvy. And they've certainly moved past the toe-in-the-water position they were in a year ago and are much more heavily committed, with a CEO-level focus, on their Web selling initiatives. The dotcoms are also moving more to provide the kinds of services and capabilities of traditional retailers, with more focus on and bigger investments in back-end systems."

Salnoske says he wouldn't be surprised to see dotcom companies open brick-and-mortar stores, or be acquired by a brick-and-mortar chain. He adds: "Everybody is beginning to realize that real success and the key to maintaining customer loyalty is to do business with the customer whenever and wherever they want."

Copyright c 1999 CMP Media Inc.

 

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Most Retailers Post Modest October Sales Gains
Anna Driver
Reuters, Nov. 4, 1999

CHICAGO, Most retailers showed modest sales growth in October as warm weather depressed clothing sales at department stores, but consumer demand for other goods was strong, retail analysts said on Thursday.

"Most of the apparel related sales were not quite as strong as they planned," said Jeff Edelman, retail analyst with PaineWebber. "Discounters did better than department stores because they have less apparel."

According to a Lehman Brothers index measuring sales at stores open more than one year, sales rose 5.1 percent in October, versus a 6 percent gain in September and a 4.5 percent increase a year-ago.

Analysts were encouraged by figures from Sears Roebuck and Co. , which reported sales at domestic stores rose 4.7 percent in October.

"Sears was definitely a bright spot," said Alan Mak, retail analyst with Argus Research. "Hopefully this is the start of a positive trend for them, and we'll see if their new marketing message is working."

Minneapolis-based Dayton Hudson Corp. said sales at all of its stores open more than one year rose 2.9 percent. Sales at its discount Target unit were up 5.4 percent, while sales at its Mervyn's department store unit fell 6.7 percent from last October.

"The hardlines business--home improvement and consumer electronics, housewares--those businesses are very good," said Dean Ramos, analyst with George K. Baum and Co. "What was really weak was apparel and that shows up in Mervyn's, which doesn't have much hardlines exposure."

Good results from retailers selling electronics, home appliances and other higher priced items also helped to dispel worries that consumer confidence is slipping, analysts said.

"I think there is no doubt that the edge is off a little bit in terms of demand, but there are categories that are performing quite well," Ramos said. "The big-ticket items are the ones that you might think would be more economically sensitive, but people are still buying high definition TVs, and that leads me to believe there is still some strength in the economy."

For example, consumer electronics retailer Circuit City Stores based in Richmond, Va., said its October sales climbed 8 percent from October 1998.

No. 1 retailer Wal-Mart Stores Inc. said comparable sales in October rose 6.2 percent from last October. Total sales for the four weeks ended October 29 rose 25.2 percent to $13 billion from $10.38 billion in October 1998.

Kmart Corp , the nation's No. 2 retailer, reported a 3.7 percent increase in comparable sales in October, and said the retail environment remains slow so the Troy, Mich.-based company expects only a slight improvement in its third quarter earnings.

Specialty retailer San Francisco based Gap Inc. said sales in October increased 1 percent compared to an 18 percent increase in the year-ago period.

"I thought the number was disappointing this morning, in particular at Old Navy and Banana Republic, " said Marcia Aaron, retail analyst at Deutsche Banc Alex Brown.

In past months, strong sales gains at Gap's Old Navy and Banana Republic units have helped offset a weaker performance at Gap stores, Aaron said.

Luxury specialty retailer Neiman Marcus Group Inc., based in Chestnut Hill, Mass., said its monthly sales rose 9.4 percent on a strong performances from its Neiman Marcus stores and catalog as well as Bergdorf Goodman.

Neiman Marcus also said it expected strong earnings gains in its fiscal first quarter, and said earnings per share in that period should range from 74 to 76 cents.

Analysts had expected Neiman Marcus to report first quarter earnings of 64 cents, according to First Call/Thomson Financial, which tracks such data.

 

 

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