Friday, May 30, 2014

Ex-Microsoft Chief Bids $2 Billion for Clippers

Former Microsoft chief Steve Ballmer reached an agreement to buy the Los Angeles Clippers for $2 billion with Shelly Sterling, but it remains uncertain if her husband will fight the deal.



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Broadcasters Group Sues FCC Over Crackdown on 'Sidecar Agreements'

Television broadcasters are stepping up their resistance to the Federal Communications Commission's crackdown on so-called sidecar agreements that let one station run portions of another in the same market.



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Clippers Owner Donald Sterling Sues NBA

Donald Sterling, the disgraced owner of the Los Angeles Clippers, sued the NBA as he fights to retain control of the franchise.



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Weak Wages Pose Threat to Liftoff for Economy

A long-awaited liftoff in the U.S. economy is facing pressure from stubbornly weak wage growth, muddying the outlook for consumers and challenging Federal Reserve policy makers who are counting on a pickup as they unwind the central bank's extraordinary support for the recovery.



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FBI, SEC Probe Trading of Carl Icahn, Billy Walters, Phil Mickelson

Federal investigators are pursuing an insider-trading probe into whether golfer Phil Mickelson and Las Vegas sports bettor William 'Billy' Walters traded on nonpublic information from Carl Icahn.



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Creditors to Vote on OGX's Restructuring Plan Tuesday

Creditors are scheduled to vote Tuesday on a plan to restructure Oleo e Gas Participacoes SA, which filed for bankruptcy protection last year. But two creditors have come forward to try to block the vote.



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The Tech Caravan Rolls Into Miami

After a dot-com bust a generation ago, tech companies are springing up in Miami, often to reach growing markets and audiences across Latin America.



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Alibaba in Talks to Invest in AppNexus

Alibaba is one of several companies in talks to invest in New York online-advertising firm AppNexus as the Chinese e-commerce giant looks for opportunities outside its home country ahead of its planned IPO, said people familiar with the matter.



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Forstmann Little Sells 24 Hour Fitness

Forstmann Little & Co. sold 24 Hour Fitness Worldwide on Friday to a group of investors for $1.85 billion, the last step in the more than two-year process of winding down the pioneering buyout firm.



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Magazine Distributor's Demise to Cost 6,000 Jobs

A Florida-based magazine distributor said it will soon end "substantially all" of its business operations, putting its 6,000 employees out of work.



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SpaceX's Manned Capsule Merges High-Tech and Safety

The manned spacecraft introduced this week by SpaceX is an unusual combination of pioneering technology and common-sense adaptations of more-conventional hardware.



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Lenders Take Loss on Loan Backing Merger

Lackluster investor demand for the debt backing the merger of motorcycle parts and accessories providers will cost four lenders nearly $10 million.



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Apple's Financial Chief Gets $1 Million Salary

Apple Inc.'s new Chief Financial Officer Luca Maestri will receive an annual salary of $1 million, the technology company disclosed in a regulatory filing on Friday.



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Some Mexican Lawmakers Want to Halt Energy Debate During World Cup

Two parties want the debate to wait until a new soccer champion has been crowned so Mexicans can focus on the details of energy laws that would open up the oil industry to private firms for the first time in 76 years.



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Three Funds Plan to Seek Appraisal of Zale Shares Over Signet Deal

Three funds that voted against or didn't vote in Zale's sale to rival ring-retailer Signet Jewelers plan to seek an independent valuation of their shares from a judge, according to people familiar with the matter, taking advantage of an increasingly popular legal process known as appraisal.



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Falcone's Harbinger Seeks Government Action on LightSquared

Hedge-fund manager Philip Falcone is taking aim at the federal government over its refusal to authorize LightSquared to launch a wireless network.



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Railcar Shortage Raises Lease Rates

A shortage of railcars bedeviling farmers, auto makers and oil drillers has become a windfall for some railcar manufacturers, lessors and finance companies.



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Ford Recalls SUVs for Power Steering

The No. 2 U.S. auto maker is recalling 1.38 million vehicles in North America, some of which it previously had ruled out requiring a repair.



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Google Softens Stance in Europe's Privacy War

Google moved to soften its opposition to a nascent European "right to be forgotten" on the Internet, unveiling a Web page where Europeans can request the company take down links tied to individuals' names.



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How Tom Horton Shaped American Airlines

As Tom Horton, chairman of American Airlines Group, prepares to leave the airline where he has worked for a quarter of a century, he can claim partial credit for a deal that achieved a rare feat for bankrupt companies: enriching shareholders.



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Rat Poison D-Con to Lose Some of Its Punch

Reckitt Benckiser agreed to lessen the potency of its d-Con rat poison to address safety concerns raised by the EPA.



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Nabors Faces New Challenges on Pay

Major proxy advisers want Nabors investors to oppose its pay practices and several directors at its June 3 annual meeting.



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New Bombardier Jet Suffers Major Engine Failure

A Bombardier CSeries test aircraft suffered a major failure of one of its two engines during a ground test Thursday in a potential setback for the Canadian airplane maker's effort to compete with Boeing Co. and Airbus Group, according to several people familiar with the matter.



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Little Boxes of Decision Avoidance

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Life would be easier if everything you needed was sent to you in a box. A few months ago, I subscribed to Quinciple, a service that sends me a box of groceries once a week, which I pick up at a store a few blocks from my apartment. It saves me a little time and maybe a little money—but, mostly, it spares me from the so-called paradox of choice, or the paralysis that comes with having too many options while shopping. I have wasted hours of my life reading the fine print on cereal boxes, lipstick boxes, and sneaker boxes. I am forever looking for a reason to choose one loaf of bread or one brand of shampoo over countless others. (There is often no reason.) Once, I went to a grocery store to buy a soda and walked out, empty-handed, fifteen minutes later. Somewhere between the caffeine-free Diet Cherry Coke and the sixth flavor of seltzer, I forgot why I was even there at all.



Over the past three or four years, dozens of “subscription e-commerce” services have cropped up. These companies pick out and package virtually any kind of product imaginable—food, pet toys, clothes, condoms, cosmetics—into boxes that are delivered to hundreds of thousands of American doorsteps on a weekly or monthly basis. With Quinciple, I spend about forty dollars a week and get enough groceries—meat, vegetables, cheese, bread, and so on—to make two or three meals that each feed two people. Blue Apron, one of several larger competitors, sends you all the ingredients you need to make a recipes designed by name-brand chefs, for around ten dollars per meal per person.


The box trend is widely considered to have originated with BirchBox, a company that sends sample-sized cosmetics to women (in perfumed pink boxes) and to men (in odorless blue ones), in the hopes that they will take to the samples and buy full-sized versions through the company’s Web site. There’s also StitchFix, which sends customers an assortment of women’s clothing and accessories, for a “styling fee” of twenty dollars per box; clients pay for what they decide to keep—the average cost of an item is around fifty-five dollars—and return the rest in a pre-stamped package. According to CB Insights, a firm that compiles data about company funding, investors gave a hundred and ninety-five million dollars to these types of startups in 2012. Celebrities have even gotten into it: Ashton Kutcher has “curated” boxes for a site called Fancy, and Jessica Alba co-founded Honest, which sends subscribers packages of “clean-living” items, such as wipes and detergents. It is only a matter of time until Gwyneth Paltrow-branded green juice turns up in Manhattan cubicles.


In one sense, there’s nothing particularly novel about this model; wine-, book-, and fruit-of-the-month clubs have existed for years. But, instead of sending people new varieties of something they already know they like—say, romance novels or peaches—the newer services tend to sell people products that they might not think to buy otherwise, or that they may overlook on the shelf in an indecisive scramble to finish shopping. By effectively outsourcing buying decisions to someone else, these services attempt to help people avoid what Barry Schwartz, a professor of psychology at Swarthmore College, describes as the “misery-inducing tyranny” of the modern American marketplace. Too much choice puts us in a state of mind that’s unpleasant and unhealthy, Schwartz argues in his book “The Paradox of Choice.”


It’s almost surprising that entrepreneurs didn’t pick up on this problem sooner. The idea that too much choice can be dizzying seems so intuitive—in the modern-day United States, at least—that I asked Schwartz if it had been identified by philosophers or theorists of centuries past. “How could they even know? You can’t anticipate this!” he said. “This abundance is still very new. You can’t know its too much choice until it’s there in front of you.” Still, Schwartz said he’d encountered related ideas reading “Escape from Freedom” by the Marxist psychologist Erich Fromm, who, like Sartre and the existentialists, believed that total freedom of choice can make us feel hopeless.


Katrina Lake, the C.E.O. of StitchFix, said she is “obsessed” with “The Paradox of Choice”; it helped shape her idea for her business and was the first book she added to the company’s library in San Francisco. “As a C.E.O., I’m actually very decisive,” Lake said. “But my fiancĂ© and I just bought an unfurnished condo, and I’ve spent hours and hours [thinking], What should this door handle be? What should the rug be? All the choices are just overwhelming.”


When I met Lake in New York in May, she was wearing a multicolored Tracy Reese pencil skirt (“vintage StitchFix, from last year”) and a boxy, black, quilted T-shirt by Alexander Wang top that she picked out herself. StitchFix was inspired in part by her sister’s closet—“she’s a buyer at Pucci and always looks really put together, so I would have her send me links to her outfits,” Lake explained—and as a way to fix some of the problems she ran into when shopping online. “The first version of e-commerce was amazing: You could get anything, even the Dior dress from seven seasons ago on eBay,” Lake told me. But as a result, “I’ll often put things in my [online] cart but so infrequently buy anything. And I think if these items ended up in my house I’d end up buying them.”


Lake conducted several studies to find the magic number that would get “time-starved women”—her target demographic—to want to buy one or two items of clothing without feeling stressed out by too many options (or bad fitting-room lighting). She ended with five items. Barry Schwartz finds this number reasonable: “You can’t send a dozen because you take the nightmare of being in a store into the living room,” he said.


That’s the number BirchBox came up with, too: Katia Beauchamp says that when she and her co-founder Hayley Barna met (also at Harvard Business School), they had discussed the concept of decision-making extensively. “Hayley studied behavioral economics, and we were always talking about the paradox of choice,” Beauchamp told me over the phone. “She’d walk into Sephora and turn around. She’d say, ‘I need a mascara, but I can’t deal with a thousand mascaras.’” And Matt Salzberg, the founder of Blue Apron, said that sending people specific materials to make a dish from scratch, like a recent shipment of blackened drum fish with cheddar cheese grits and a parsley salad, “goes hand in hand with the paradox of choice: there’s so much out there in the world, in terms of information, that people get overwhelmed.”


To be overwhelmed by choice isn’t, of course, the worst problem a person could have; better to have choice than to be too poor to have any choices at all. As Schwartz and his colleague Andrew Ward note, “when people have no choice, life is almost unbearable.” But for those who don’t have big problems to be solved, smaller ones will suffice. Schwartz says he’s not surprised by the existence, or the success, of the BirchBoxes of the world. Yet he has little use for them; he shops “with blinders on”—meaning he buys the same stuff over and over. If he were to choose a type of product to receive in a box every month, he would select electronics, because gadgets change so often that frequent replacements seem worthwhile. Still, he admitted, “I’m enormously resentful every time I get a new gadget, both with the process of figuring out what to get and figuring out how to use it.” Recently, he said, “My old BlackBerry was becoming unreliable, so I got a Samsung Galaxy or something like that. I got it because my wife already had one and could answer some of my questions. And all I wanted was for somebody I knew well to have already suffered so I wouldn’t have to suffer.”


Photograph: © AlexandraDost/Lumi Images/Corbis







Atossa Araxia Abrahamian





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Valeant Again Boosts Bid for Allergan

Valeant Pharmaceuticals International Inc. again boosted its takeover bid for botox maker Allergan Inc. to about $54 billion in cash and stock, subject to prompt good-faith discussions on a merger agreement.



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UN Monitors Concerned Over Somaliland's Plans for Oil Security Force

A United Nations group expressed concern about plans by a breakaway Somalia state to create a privately funded security force to guard oil companies' operations.



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Singapore Casinos' Growth Slows

After a stunning debut, Singapore's casinos have stopped growing, due in part to the government's reluctance to let them expand or relax its strict gambling rules.



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Iberdrola to Import Gas From America

The $5.6 billion deal with Cheniere Energy comes as Europe Union accelerates plans to find alternative supplies of gas amid worries of overdependence on Russia



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Marathon Refinery Unit Operational by Mid-June

Marathon Petroleum Corp. said the crude unit at its Garyville, La., oil refinery is expected to be operational by mid-June after the plant sustained damage in a tornado earlier this week.



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Turkish Petroleum Buys Total's Stake in Gas Project

Turkish Petroleum bought Total's 10% stake in Azerbaijan's Shah Deniz gas project, making Turkey the second-biggest partner in a multinational effort to export Caspian resources to Europe.



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'Vaporizers' Are New Draw in E-Cigarettes

In the fast-evolving world of electronic cigarettes, refillable "vaporizers"—which are cheaper and more potent—are gaining ground.



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Budget Jets Now Take On Long Hauls

Budget airlines gutted the short-haul businesses of established rivals. Will they do the same with long-haul flying, the big airlines' most profitable business?



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FTC Likely to Allow Merger Between Men's Wearhouse, Jos. A. Bank

The planned tie-up of suit sellers Men's Wearhouse and Jos A. Bank is likely to receive antitrust clearance from the Federal Trade Commission, according to people familiar with the matter.



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Google's Motorola Mobility to Close Factory in Texas

Google's Motorola Mobility handset unit said Friday that it will shutter a factory in Fort Worth, Texas, by the end of the year, ending the company's attempt to build smartphones in the U.S.



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Ann's Profits Sink on Restructuring Charge, Lower Same-Store Sales

Ann Inc. said its first-quarter profit declined 75% as it recorded a bigger-than-expected restructuring charge, and sales fell short of the company's own forecast. But adjusted earnings topped analyst views.



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Siemens Says Restructuring to Affect 11,600 Jobs

Siemens said company restructuring will affect about 11,600 jobs, clarifying comments made by Chief Executive Joe Kaeser at an investor conference a day ago.



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China Pulls Permits From Infant-Formula Makers

China's food-safety regulators pulled production permits from more than a third of the country's infant-formula producers.



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Goodyear Plans New Americas Plant, Increases Share Repurchases

For the first time since 1990, Goodyear Tire & Rubber will build a plant in the Americas. The Akron, Ohio, company also disclosed plans to increase its quarterly cash dividend and a share repurchase program.



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EspĂ­rito Santo Financial Details Irregularities at Parent

EspĂ­rito Santo Financial Group said its holding company had failed to account for liabilities, make provisions for risks or properly value last year's assets



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Moody's Warns on EU New Banking Rules

Moody's has become the latest of the three big debt rating firms to warn that new European Union rules could make stakeholders more vulnerable to losses in any future banking crisis.



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Slimmed-Down Big Lots Beats Expectations

Big Lots Inc. said its fiscal first-quarter sales rose slightly, helping the company top expectations. The company also raised its outlook for the current fiscal year.



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Russian Cigarette Consumption Drops 12%

Sweeping antismoking measures in Russia have resulted in a 12% drop in cigarette consumption in what had been the world's second largest market, a legislator said.



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Auto Sales Help Drive Palladium Demand

Demand from the automotive sector has helped to drive up the price of palladium, which is used in the catalytic converters cars to clean emissions from tailpipes.



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SpaceX Unveils Manned Capsule

Space Exploration Technologies Corp. on Thursday unveiled the cutting-edge spacecraft it hopes NASA will choose to start ferrying U.S. astronauts into orbit later this decade.



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Google Allows 'Right to Be Forgotten'

Google created a website and formed a committee of Internet experts to help the company handle requests from European residents asserting their new "right to be forgotten" online.



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Thursday, May 29, 2014

U.S. Seeks to Revise Rules on Gas-Export Projects

The Obama administration said it would perform a more rigorous upfront review of proposals to export liquefied natural gas, offering a mixed bag for the roughly two dozen projects seeking federal approval.



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Seek CEO Wants to Build Asia Business

Australian job ads company Seek Ltd. wants to build its business by selling career-related education products and in China and southeast Asia and continue making acquisitions.



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Mosaic CEO to Take Medical Leave

Mosaic Co. said Chief Executive James T. Prokopanko is taking a medical leave of absence for surgery to treat cancer and named financial chief Lawrence W. Stranghoener as interim CEO.



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Signet Closes Acquisition of Zale

Signet Jewelers Ltd. said it completed its $1.46 billion acquisition of Zale Corp. after the deal won approval by a majority of Zale's shareholders on Thursday.



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Gene Technology Regains Some of Its Luster

Alnylam Pharmaceuticals and a few other drug firms are rekindling interest in once-hot gene technology, which seeks to disable molecules called RNA from translating genetic code into disease-causing proteins.



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GM Engineer Talks to Investigators

One of the GM engineers at the center of the controversy over the company's handling of a deadly ignition switch defect has met with congressional investigators, indicating lawmakers are accelerating their probe.



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In Asia, Men's Skin Care Takes Off

Asia is becoming one of the fastest-growing markets for men's skin care. The region accounts for $2.1 billion, or 64%, of the $3.3 billion spent globally on such items as skin creams, lotions and whiteners.



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Fate of Clippers Remains Uncertain

The fate of the L.A. Clippers zigzagged as potential buyers lined up to make a bid for the team even as owner Donald Sterling vowed to fight a sale of the franchise.



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Railcar Shortage Raises Lease Rates

A shortage of railcars bedeviling farmers, auto makers and oil drillers has become a windfall for some railcar manufacturers, lessors and finance companies.



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Ford Recalls SUVs for Power Steering

Ford is recalling 915,200 Ford Escape and Mercury Mariner sport-utility vehicles in North America to repair a sensor that could cause the power steering to malfunction.



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Boeing Defense Sales to Stay Flat

Boeing Co. expects sales at its defense and space business to remain "roughly flat" for the next five years as it contends with the headwind of tight military budgets, said Dennis Muilenburg, the company's president.



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Fox Network's Entertainment Chief Steps Down

Kevin Reilly is stepping down as Fox broadcast network's entertainment chief, days after the end of a disappointing television season.



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New Case Brought Against Amway's India Chief

The head of Amway's Indian business was arrested for a second time this week as police investigate allegations that the American direct-selling company is violating a law against pyramid schemes.



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Greenpeace Activists Removed From Arctic Oil Rig

Norway's Statoil ASA said Thursday that police had removed seven Greenpeace activists who had scaled an Arctic oil rig that is to drill one of the world's northernmost wells.



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Singapore Casinos' Growth Slows

After a stunning debut, Singapore's casinos have stopped growing, due in part to the government's reluctance to let them expand or relax its strict gambling rules.



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Repsol Gets Spain's Environmental OK for Exploration

Spain's Environment Ministry said it foresees no significant adverse impacts from Repsol SA's proposed exploration for oil and gas off the coast of the Canary Islands.



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Apple to Buy Beats to Regain Music Mojo

Apple said it is buying Beats Electronics for $3 billion to bolster a music business that has lost some of its mojo, as streaming-music services encroached on the downloads dominated by its iTunes service.



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The New Draw in E-Cigarettes

In the fast-evolving world of electronic cigarettes, refillable "vaporizers"—which are cheaper and more potent—are gaining ground on mainstream e-cig brands like Blu, Logic and Njoy.



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Diageo CEO Adds Voice to Scottish Independence Debate

Diageo's chief executive said it was 'extremely important' for the company—and the Scotch whisky industry—to remain part of the European Union.



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Low-Cost Carriers Threaten Long-Haul Business of Big Rivals

Budget carriers have gutted the short-haul businesses at established network rivals from Singapore Airlines Ltd. to Air France-KLM SA.



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Southwest Air Fined for Deceptive Advertising

The U.S. Department of Transportation on Thursday fined Southwest Airlines Co. $300,000 for allegedly violating its full-fare advertising rules.



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Gold Falls as Haven Appeal Slips

With the East-West standoff over Ukraine easing after Ukraine's presidential election, the metal's safe-haven appeal has been muted.



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Intel Unveils Car Technology

Intel, continuing a search for additional revenue sources, unveiled technology that can be used in cars for digital entertainment and navigation.



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IDC Cuts Global Tablet Outlook

International Data Corp. lowered its 2014 outlook for global tablet shipments by 5.9% following a bigger-than-expected drop in demand during the first-quarter and increased sales of smartphones with larger screens.



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Goodyear Plans New Americas Plant, Increases Share Repurchases

For the first time since 1990, Goodyear Tire & Rubber will build a plant in the Americas region. The company also announced plans to increase the quarterly cash dividend on common stock and its share repurchase program.



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IHG Faces Pressure to Seek Merger

InterContinental Hotels Group, whose brands include the Crowne Plaza and Holiday Inn chains, is facing pressure from activist investor Marcato Capital Management to seek a tie-up with a larger rival.



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Siemens CEO: Decision on Alstom Bid By June 16

Siemens Chief Executive Joe Kaeser said Thursday his company is still considering whether to make a bid for France's Alstom SA and would make a decision by June 16, continuing the German company's threat to play spoiler to a proposed $17 billion acquisition by General Electric Co.



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Target Board Failed to Manage Risk, ISS Says

Signaling that boardrooms need to take cybersecurity more seriously, proxy advisory firm ISS recommended the ouster of most Target directors, saying they failed to manage risk ahead of a data breach.



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A Dairy Queen Comes to Manhattan

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Growing up in Illinois and Indiana, I went to Dairy Queen after softball games, choir concerts, and debate tournaments. The luckiest kids got Dairy Queen birthday cakes, with their crunchy middle layer nestled between two bricks of cold, sweet ice cream. Later, I lived in New York City, where the Midwestern soft-serve chain had never ventured. I missed it nearly as much as I missed my parents, or driving through cornfields, or driving at all. When I moved to Iowa three years ago, my first visit to Dairy Queen felt like a religious pilgrimage. My order, these days, is simple: a chocolate-dipped vanilla cone. There is nothing quite like the crust of a DQ dipped cone—the liquid that transforms instantly into a hard shell, snapping when you press your tongue against it, in perfect contrast to the smooth chill of vanilla soft serve. I even appreciate the vaguely chemical scrim that seems to coat the roof of your mouth for hours after you’ve sucked the last morsel from the papery grid at the bottom of the cone.



Dairy Queen’s long and conspicuous absence from Manhattan ended this morning, with the opening of a two-story, twenty-five-hundred-square-foot Dairy Queen Chill & Grill—a version of the restaurant that serves both ice cream treats and food, like burgers and chicken strips—on West Fourteenth Street, near Union Square. (While this is the first DQ in Manhattan, it’s not the first in New York City; a location opened in the Staten Island Ferry Terminal last year.) For transplants, tourists, and, perhaps, native New Yorkers to whom Dairy Queen has long been an exotic unknown (like tuna casserole, or mowing a lawn), the new restaurant may be a welcome development. Still, it’s hard to celebrate, without ambivalence, the arrival of another strip-mall staple in New York City.


The first Dairy Queen opened in Joliet, Illinois, in 1940; by the early fifties, some locations had started serving savory food in addition to frozen treats. DQ franchises have since spread to forty-nine states and more than twenty countries; there are more than six thousand locations worldwide. The company has been a wholly owned subsidiary of Berkshire Hathaway since 1998.


Dean Peters, a spokesman, told me that the chain stayed out of New York for so long because of high costs and other operating challenges. The company finally found a franchisee it thought capable, LSQ Foods, which Peters described as having “the vision,” the “financial resources,” and the “operational resources” not only to successfully manage the new location but to continue to expand in the city.


The spectre of a growing league of New York City Dairy Queens may alarm advocates for local, independent businesses. According to a report by the Center for an Urban Future, a think tank, the number of national retailers in New York City grew each year between 2008, when the study was first conducted, and 2013 (albeit at a slower rate last year than in any previous year). Fifteen retailers had at least a hundred locations in the city last year; Dunkin’ Donuts became the first to surpass five hundred.


Jonathan Bowles, the think tank’s executive director, told me that he doesn’t believe chains are always bad for the city; New Yorkers like choices, including, sometimes, the option to shop at the Gap or Home Depot. But, he said, “there are some neighborhoods in Manhattan where I think we’ve kind of reached a tipping point, where some great New York businesses are either shutting down or they can’t afford to be in those neighborhoods anymore.” Neighborhoods overrun by chains have lost “what’s unique about New York,” he said.


Of course, one Dairy Queen, or even a hundred Dairy Queens, won’t disrupt New York’s economy or reconfigure its character, and part of the city’s identity has always been a tendency to transform. But when businesses belong to absent, anonymous owners instead of local entrepreneurs, those businesses are less invested in and accountable to the community. Several studies have shown that independent businesses offer more benefit to the local economy than national chains. And the question of preserving local character isn’t simply emotional or aesthetic. If wide swaths of New York look like any suburban shopping center, what reason do bright weirdos in small towns have to dream of moving there? If the parts that aren’t a strip mall are a playground for the very rich, can it still function as a laboratory for cultural innovation by people from diverse backgrounds?


Bowles doesn’t count the area around Union Square among the neighborhoods that chains have robbed of their vitality, but it seems reasonable for someone who cares about the economic diversity and distinctive character of New York City to be wary of yet another national business setting up shop—and with plans to expand. (“We’ve heard, like I’ve said, nothing but positive things from people who want a Dairy Queen, who have been asking for a Dairy Queen for so long,” Peters, the Dairy Queen spokesman, told me.)


Years ago, not long after we moved to New York, some high-school friends and I stopped at the Olive Garden in Secaucus, New Jersey, on our way home from IKEA. We would never have gone to the Olive Garden in Times Square. We were busy reinventing ourselves, and a chain restaurant in a tourist trap felt like everything we’d left Indiana to escape, an affront to our new determination to enjoy wine and eat a greater variety of lettuce. But an Olive Garden in a suburb, next to a mall, offered something different: the setting for an exercise in nostalgia. There we’d be far enough from our new lives to safely acknowledge how Midwestern we still were. Even in Secaucus, Olive Garden was a little disappointing, the endless breadsticks less thrilling than we remembered, the entrĂ©es not tasty enough to enjoy as kitsch, the idea of eating-as-kitsch difficult to justify now that we lived in a city where eating for actual pleasure was so easy. Still, we loved the familiar comfort it offered. Part of me is pleased that New Yorkers no longer have to live without Reese’s Peanut Butter Cup Blizzards; I have struck an item from the list of cons on my “Should I Move Back to New York?” worksheet. Still, I can’t contemplate a Dairy Queen on Fourteenth Street without wondering if New York could, someday, become a place that feels too much like home.


Photograph by Visions of America/UIG via Getty.







Elizabeth Weiss





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Insurers Accused of HIV Discrimination

Patient advocacy groups are using antidiscrimination provisions in the health-care law as the basis of a complaint against insurers they say are trying to deter consumers with HIV and AIDS.



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Sanderson Farms Profit More Than Doubles

Sanderson Farms Inc. said its fiscal second-quarter profit more than doubled as demand grew and key costs declined.



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Dish Network to Accept Bitcoin

Dish Network said it would begin accepting bitcoin as payment starting in July, adding that it is now the biggest company to accept the virtual currency.



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Westfield Plans in Turmoil

Australian billionaire Frank Lowy's attempt to remake the global shopping-mall empire he founded more than 50 years ago was thrown into uncertainty.



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Tata Motors Profit Little Changed

Tata Motors said its fiscal fourth-quarter profit was little changed, as slumping demand for Tata vehicles at home offset gains from robust sales at its Jaguar Land Rover unit.



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Seagate to Buy LSI's Flash Businesses From Avago for $450 Million

Seagate Technology PLC said it will acquire LSI's flash businesses for $450 million in cash from Avago Technologies Ltd.



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Forest Labs Reaches Settlement

Forest Laboratories has reached a settlement with shareholders who alleged the company's board had breached its fiduciary duties by agreeing to sell the company for inadequate consideration to Dublin-based Actavis PLC.



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Indian Oil Profit Falls 35%

Indian Oil posted lower income as it was forced to partly absorb losses from selling fuel products at state-set prices below market rates.



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Indian Oil Profit Falls 35%

Indian Oil posted lower income as it was forced to partly absorb losses from selling fuel products at state-set prices below market rates.



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Valeant Raises Allergan Bid to $49.4 Billion

Valeant Pharmaceuticals raised its offer to buy Botox maker Allergan, increasing the cash portion of its bid and lifting its overall value to more than $49 billion.



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Tyson Makes Offer for Hillshire Brands

Tyson Foods jumped in on the deals frenzy centered around Hillshire Brands, offering to buy the maker of Jimmy Dean sausage and Ball Park hot dogs for about $6.1 billion.



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Amsurg to Buy Sheridan Healthcare

Ambulatory surgery center operator Amsurg has reached a deal to buy Sheridan Healthcare in a cash-and-stock transaction valued at about $2.35 billion.



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Abercrombie's Loss Widens

Abercrombie & Fitch said its fiscal first-quarter loss widened, with the teen-apparel retailer still struggling with lighter demand and weaker sales.



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Fujitsu Ready to Spend

Fujitsu plans to ramp up spending in cloud infrastructure and medical care, aiming for 35% operating profit growth in two years.



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Facebook Seeks WhatsApp Review

Facebook has asked European Union antitrust regulators to examine its $19 billion deal to buy messaging service WhatsApp, in an attempt to avoid other antitrust reviews by individual countries.



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Eight U.S. States to Roll Out Electric Vehicle Plan

Leaders of eight large U.S. states, including California and New York, are expected to roll out Thursday more details of a plan aimed at spurring sales of 3.3 million "zero emission vehicles" by 2025.



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Costco Third-Quarter Profit Rises

Costco Wholesale said its fiscal third-quarter profit rose 3% from a year earlier.



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Centrica Executive Departs for Aggreko

Centrica said Chris Weston, who is responsible for the energy company's British Gas and Direct Energy businesses, has resigned to join Aggreko as the temporary power provider's chief executive.



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Dutch Pension Fund to Invest in Chinese Warehouse Developer

APG Asset Management is planning to purchase a roughly 20% stake in a Chinese warehouse developer for up to $650 million to tap growing domestic consumption and demand for logistics space in China.



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Wednesday, May 28, 2014

European Firms Cool on China

European companies doing business in China are finding the market less attractive, the European Union Chamber of Commerce in China said.



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'Growth Hacking' Helps Startups Add Users

To boost users, 'growth hackers' at startups use data-driven experiments and online tactics, from encouraging users to provide access to address books and social networks to tinkering with website designs.



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Energy Capital Partners Hires Banks to Explore Sale, IPO of EquiPower

Private-equity firm Energy Capital Partners has hired banks to explore a sale or IPO of power-generation company EquiPower Resources Corp., according to people familiar with the matter.



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Levi Strauss Slashes Orders From Cambodian Factories

Levi Strauss has slashed orders from Cambodian factories amid the political unrest in the country, after a nationwide strike by garment workers to demand higher wages was quelled with a violent crackdown.



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Boeing Dreamliner Cleared for Expanded Long-Range Flying

Boeing Co. said the U.S. air-safety regulator had cleared its 787-8 Dreamliner to operate on a wider range of routes, with the jet able to handle longer oceanic and polar crossings as much as 5 1/2 hours from a suitable landing field in the event of an emergency.



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Arista Ended 'Directed Share' Plan

Arista Networks Inc., a network-equipment maker preparing to go public, disclosed that journalists, industry researchers, customers and others were contacted about an offer of company shares that it subsequently decided to terminate.



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Insurers Push to Rein In Spending on Cancer Care

WellPoint plans to begin offering oncologists a $350-a-month payment for each cancer patient who is on one of the health insurer's recommended treatment regimens.



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Judge Approves Anadarko's $5.15 Billion Settlement

A federal bankruptcy judge Wednesday approved Anadarko Petroleum Corp.'s $5.15 billion settlement of fraud claims from a 2006 acquisition, the largest environmental settlement ever won by the U.S. government.



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Medtronic to Resolve Improper-Payments Allegations

Medtronic Inc. has agreed to pay $9.9 million to settle allegations that the company provided illegal payments or services to physicians in order to increase use of its medical devices.



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Sprint Makes Case For T-Mobile Deal

Sprint Chairman Masayoshi Son pointed to recent telecom and cable mergers as a reason to allow his company to buy rival T-Mobile US.



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Hachette Rejects Amazon Proposal For Author Fund

Hachette Book Group rebuffed Amazon.com's suggestion that the two jointly compensate authors affected by a dispute between the companies.



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LG to Offer More Bendable TVs

LG is pushing ahead with a still-immature technology for ultrathin, bendable television sets even as rivals hang back.



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Alibaba to Disclose Partner Names

Alibaba plans to disclose the 28 people who will effectively control the Chinese e-commerce giant in an update to its IPO filing, a revelation that may ease concerns about its unusual governance structure.



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Spotify Launches in Brazil

Coming up on the online music provider's to do list are launches in Russia and Japan.



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FTC Urges Clarity on Data Collection

Congress should require data brokers to be more transparent about how they collect and use information about consumers and give consumers greater control over personal info, the Federal Trade Commission said.



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DSW Lowers Guidance, Posts Weak Results

DSW said rough weather and competitive discounting weighed on its fiscal first-quarter sales, although earnings rose as margins widened.



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BMW Plans China Car-Charging Stations

BMW unveiled plans to set up 50 charging stations in Shanghai ahead of the China release of its i3 electric car later this year, joining efforts to sell such vehicles in a challenging market.



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Aspen Investment Considers Bid for Vivus

Aspen Investment Fund is considering a nonbinding offer worth $640 million for Vivus, potentially starting a new battle for control of the pharmaceutical firm.



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Koch Industries to Buy PetroLogistics

Propylene maker PetroLogistics agreed to be acquired by a Koch Industries subsidiary for about $2.1 billion in cash.



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Coeur Mining Puts Joaquin Silver Project in Argentina on Hold

Coeur Mining Inc. has placed a large silver mine project on hold in Argentina, and could put another promising open-pit silver and gold mine project in Mexico on the back burner as the company seeks to cut spending and conserve capital.



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Pilgrim's Pride Swoops In on Hillshire

Pilgrim's Pride swooped in with a $5.5 billion offer for Hillshire Brands, maker of Jimmy Dean sausage and Ball Park hot dogs, a bid that could upend Hillshire's plan to expand its sway by buying Pinnacle Foods.



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Proxy Firm Calls Target Board Overhaul

Proxy firm ISS says Target shareholders should vote out seven of 10 board members after the company failed to prevent a massive data breach.



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McDonald's Plans Shareholder Payouts

McDonald's plans to return $18 billion and $20 billion to shareholders through stock buybacks and dividends from 2014 to 2016.



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GE Vows to Add Jobs in France

General Electric's CEO pledged to add 1,000 jobs in France, as he tried to persuade the government to sign off on its $17 billion bid for Alstom's power equipment business.



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Japan's Casino Bill Fails To Get on Agenda

A critical bill necessary to legalize casino gambling in Japan failed to get on parliament's agenda this week, jeopardizing a long-running effort to launch a potential $40 billion industry.



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Michael Kors Posts Stronger-Than-Expected Results

Michael Kors said its fiscal fourth-quarter profit surged 59% as the retailer posted a robust rise in sales across regions.



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Toll Brothers Builds Profit on Prices, Volume

Toll Brothers Inc. said its fiscal second-quarter profit more than doubled as the home builder continued to benefit from higher home prices and more deliveries.



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EU Report Mulls Taxing Issue

European Union governments should treat digital companies the same as their counterparts from traditional industries when it comes to tax, a report carried out for the European Commission by a selection of experts said.



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EU Clears Hutchison Purchase of O2 Ireland

European Union antitrust authorities said they had cleared Hong Kong-based conglomerate Hutchison Whampoa's €780 million purchase of Telefonica SA's O2 Ireland.



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MasterCard Boosts Cardholder Security

MasterCard said it has taken steps to boost security for its cardholders, a move that comes amid several recent data breaches at high-profile companies.



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The Walmart-Free City

walmart-portland-divest.jpg


In October, the city council of Portland, Oregon, in between updating the payroll system for the police honor guard and changing the duties of the golf advisory committee, adopted a resolution banning Walmart—and Walmart alone— from the city’s investment portfolio. The resolution, unanimously approved, cited an anonymous executive who was quoted in Charles Fishman’s 2006 book, “The Wal-Mart Effect,” saying, “They have killed free-market capitalism in America.”


Earlier this month, Portland began to cut Walmart out of its investment portfolio. The first of the city’s five Walmart bonds reached maturity and will not be replaced. Portland’s Walmart holdings had represented about three per cent of its portfolio of roughly one billion dollars. In 2016, when the last bond matures, the city council will be rid of Walmart investments entirely.



Portland is the first major U.S. city to formally divest from the retailer, but in Europe institutional investors have been rejecting Walmart for years. Last year, two large Dutch pension funds said that they would no longer invest in Walmart because of its labor practices, especially its fierce opposition to unions. The fund managers also raised concerns about Walmart’s alleged bribery of Mexican officials—a scandal that the company has spent more than four hundred million dollars investigating. Sweden’s pension funds sold their Walmart bonds last fall, and, in 2006, Norway’s Ministry of Finance excluded Walmart from its pension fund, citing alleged human-rights and labor violations.


Divestment campaigns typically have specific pressure points; the best-known effort, in the nineteen-seventies and eighties, was aimed at getting companies to withdraw from South Africa to oppose apartheid. The effects of such campaigns are hard to measure. A 1999 study of the anti-apartheid movement found that the divestment campaign did little harm to the target companies’ stock prices. But if it reinforced the public revulsion to apartheid, the authors suggest, it may have hastened the end of the regime in other ways. In the past few years, students have exhorted universities to divest from companies that profit from coal and other fossil fuels.


In Portland, the city council expressed a diffuse constellation of grievances. Walmart “exerts considerable downward pressure on wages”; it “significantly reduced health insurance benefits for part-time employees” by changing eligibility standards; it “has focused on fast, low-cost production at the expense of basic safety measures for employees.” It isn’t clear what, if anything, the retailer could do to regain favor. Commissioner Steve Novick, who led the push for the do-not-buy list, wrote in a blog post, “You have to start somewhere—and we might as well start with a company that is openly, notoriously and extravagantly bad to the bone.” Others in the city’s investment portfolio might be next, he warned: “General Electric is a poster child for tax evasion. Coca-Cola is practically in the business of increasing the incidence of diabetes.”


Walmart has always been an uneasy fit for the bike-commuting, kitchen-composting, backyard-chicken-raising denizens of Portland. A former mayor, Sam Adams, vociferously opposed Walmart’s expansion in Portland during his tenure as a city commissioner, even hanging a sign from his office window in which the retailer’s smiley-face logo had been recast with a frowning expression and angry eyebrows. But as mayor Adams didn’t try to block a Walmart supercenter that opened in Portland last year, and Charlie Hales, the current mayor, didn’t appear at Novick’s press conference. Residents’ opposition to new Walmarts also seems more muted than it used to be.


Portland isn’t trying to kick out the two Walmart supercenters within city limits, which together employ about five hundred and fifty people, or halt construction on the two suburban supercenters that the retailer plans to open later this year—and for which it will hire another six hundred workers. (In the suburbs, Walmart has five more supercenters and eight “neighborhood markets,” smaller stores that primarily sell groceries.) “Portland is a food city, with the legendary food carts, numerous farmers markets and community gardens,” Walmart posted on its Web site about its business in Oregon. “For families that are unable to access these avocations, Walmart offers many options at affordable prices.”


Living with Walmart is complex—sort of like living with an assertive, charismatic, and powerful family member. Research from Jerry Hausman, an economist at M.I.T., shows that, when Walmart enters a new market, it drives down grocery prices in general; to compete with Walmart’s low prices, other stores lower their own prices. Low-income families benefit most, because they spend a greater proportion of their wages on food. But Walmart’s presence can also hurt those same families, because it tends to reduce overall retail employment—perhaps by driving out smaller stores, which typically employ more workers per dollar of sales. On the one hand, Walmart helps the city, county, and state budgets; it pays various taxes, and its employees pay income tax. (Oregon has no sales tax.) On the other hand, as the nation’s largest private employer, and one that offers mostly low-wage jobs, its workers are prime beneficiaries of food stamps and Medicaid, funded by taxpayer dollars.


It gets more complicated. In Portland, Walmart’s store in the Delta Park neighborhood, which opened last year, houses the city’s largest green roof—forty thousand square feet of vegetation and sediment, which helps to cool the store, reduce storm-water runoff, and convert carbon monoxide to oxygen. Students and faculty at Portland State University’s Green Building Research Laboratory will study the building for the next two years. Jonathan Fink, the university’s vice-president for research and strategic partnerships, said that the research “will contribute to better, more sustainable buildings around the world.”


Two years ago, @WalmartLabs, a technology division of the retailer, purchased Small Society, a highly regarded mobile developer based in Portland that had created apps for Starbucks, Whole Foods, and Zipcar—companies whose culture better matches Portland’s ethos. One of Small Society’s founders had even developed an iPhone app for Obama’s 2008 campaign. Some residents accused Small Society of selling out; after all, even their name seemed opposed to Walmart’s values. Others were pleased that a homegrown business had attracted the attention of a global company. After purchasing Small Society, @WalmartLabs leased nearly nine thousand square feet in downtown Portland and more than doubled the staff.


Last year, Walmart donated nearly five million pounds of food to Oregon’s food banks—enough for more than four million meals. In addition, Walmart and its foundation gave nine and a half million dollars to the state in charitable donations, including thirty-five thousand dollars to Our House of Portland, which used the money to provide nearly three thousand food boxes to people living with H.I.V. and AIDS. Walmart gave nearly twenty-nine thousand dollars to the Portland Rescue Mission, to expand services for homeless men, women, and children, and nearly sixty-three thousand dollars to Portland Adventist Community Services, to pay for a new van for meal delivery and food distribution. Opponents argue that if Walmart didn’t exist overall wages would be higher, so residents wouldn’t need so many services geared toward low-income people. That’s hard to quantify. Walmart hardly has a huge presence in Oregon, and yet poverty and other ills persist.


Walmart provided information about its activities in Oregon, but the company declined to respond to a request for comment about Portland’s divestment. “We wouldn’t comment on anyone’s decision to invest,” a spokeswoman, Delia Garcia, told me.


In the Portland area, Walmart has been both a friend and a foe to small businesses. A 2010 study in the Journal of Urban Economics, which examined more than one thousand openings of big-box stores, found that Walmart and other large chains had a substantial negative impact on both single-unit businesses and smaller chains—but only when the big-box store was in the immediate area and sold the same types of merchandise.


In Cornelius, a half-hour drive from downtown Portland, Grande Foods, an independent grocer, closed shortly after Walmart opened a new store, in 2010, and its owner called the increased competition too much to bear. But Beto Cuellar, who owns another nearby grocer, Super Mercado San Alejandro, told the local paper last year that the closing of Grande Foods and the opening of Walmart combined to increase his sales by thirty per cent. People stocking up at Walmart visit his small store for specialty foods like chayote pear squash, cactus fruit, and sweet concha bread, he said, adding, “Even people who work at Walmart come eat lunch here.”


Fishman studied the rest of the city’s investment portfolio after the decision. “It’s okay to invest in G.E., which destroyed the Hudson River with dioxin, but it’s not okay to invest in Walmart?” he asked me. “J.P. Morgan? There are ten banks on this list that brought down the entire U.S. economy.”


Fishman’s book is frequently critical of Walmart, and he has long called for communities to consider the impact of new businesses. But he says that residents have the most leverage before Walmart opens a store. “I am acutely aware of the long list of ways in which Walmart could be a much better company and a much better corporate citizen,” he said. “But I’m acutely aware of the ways in which McDonald’s and Subway could, too. If you’re buying off the dollar menu, do you think the people handing you the hamburger have really good health insurance?”


In recent years, Fishman noted, Walmart has begun to respond to public displeasure. It discloses more information, particularly about its environmental impacts. And it has added programs that benefit low-income customers, such as its four-dollar prescription drug list. That doesn’t mean he believes that the Walmart effect is entirely good—but it does mean that critics need to be specific about what changes they want. He called the Portland divestment “a little bit theatrical and a little bit cheap.”


Despite its undisputed dominance—Walmart’s sales last year reached nearly five hundred billion dollars—the company is under strain owing to competition from rivals such as Amazon, and because customers are struggling financially. On the same day that Commissioner Steve Novick held a press conference to announce Portland’s divestment, Walmart reported weak quarterly sales and profits.


There’s no guarantee that Walmart will remain a juggernaut. The cautionary tale, of course, is Sears, the world’s largest retailer in the seventies and eighties, which ignored Walmart until it was too late. As much as Portland’s politicians worry about the Walmart effect today, they might consider adopting broader guidelines that would set standards not only for Walmart, but for the upstarts that are fighting to take its place.


Photograph by Alex Milan Tracy/Demotix/Corbis.







Amy Merrick





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Valeant Raises Bid for Allergan to $49.4 Billion

Valeant Pharmaceuticals raised its offer to buy Botox maker Allergan, increasing the cash portion of its bid and lifting its overall value to more than $49 billion.



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China Pressures Messaging Apps

China is putting new pressure on smartphone messaging application WeChat and others like it as part of a broader push on social media.



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China Pressures Wal-Mart

Authorities in China are pushing Wal-Mart to settle a labor dispute in a case that highlights the increasing power of workers in China's labor market.



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Australia Eases Up on Privatization

Australia's conservative government scaled back an aggressive plan to privatize state assets that ran the risk of denting its popularity with voters.



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Facebook's WhatsApp Deal Faces EU Review

Facebook's acquisition of messaging service WhatsApp is facing a potential antitrust review in Europe, an unexpected twist to a $19 billion deal that has been approved in the U.S. but raised concerns among Europe's telecom companies.



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German Unemployment Rises in May

German unemployment surprisingly rose in May in adjusted terms, data from the country's labor agency showed Wednesday.



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Maersk Expects China's Decision on Shipping Alliance in June

Maersk Line, the container-shipping unit of Danish conglomerate A.P. Møller-Maersk A/S, expects the Chinese government to decide in June on the company's application for a shipping alliance with two other shipping operators, in a bid to reduce operating costs amid weak international trade.



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Rising Global Exports Hit Milk Prices

Global milk prices are falling sharply as producers in New Zealand, Europe and the U.S. ramp up exports to feed the Chinese market.



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Alibaba to Buy SingPost Stake for $249 Million

Singapore Post is partnering Chinese Internet giant Alibaba Group to create an international e-commerce logistics platform, with Alibaba investing $249 million in the Singapore company.



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Woolworths May Spin Off Hotel Properties

Australian supermarket operator Woolworths Ltd. may spin off its hotel properties in a deal that could be worth more than $556 million.



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Tuesday, May 27, 2014

Nestlé Pays $1.4 Billion for Valeant Assets

Nestlé is paying $1.4 billion for the rights to a handful of skin care products from Valeant Pharmaceuticals in a move that will bolster the Swiss food giant's newly established dermatology unit.



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Weir Ends Pursuit of Metso

Scottish engineer Weir has ended its pursuit of Metso after its Finnish rival rejected a second multibillion-dollar bid.



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Ahold Sees Further Market Pressure

Dutch retailer Ahold said first-quarter net profit fell 97% as last year's results were boosted by a large gain, and expects volumes to remain under pressure during the second quarter.



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Chinese Energy Official Stripped of Posts

China stripped a senior energy official, Xu Yongsheng, of his government and party posts less than a week after announcing he was under investigation for suspected bribe-taking.



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Hutchison to Buy Canadian Parking Lot Operator

Two divisions of Li Ka-shing's Hutchison Whampoa Ltd. agreed to acquire an airport parking lot operator in Canada for $397.5 million Canadian dollars (US$366 million) in the Hong Kong billionaire's latest foray abroad.



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Google Develops Prototype Cars for Fully Autonomous Driving

Google said it has developed prototype cars for fully autonomous driving, showing off one of the prototypes, a two-seater vehicle that resembles a gondola on wheels, in a promotional video.



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Lilly Strikes Licensing Deal With Sanofi for Over-the-Counter Cialis

Cialis maker Eli Lilly has struck a licensing deal allowing French drug maker Sanofi to sell a nonprescription version of the pill in major markets if regulators approve—still a big 'if.'



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Oil Companies Returning to Iran Face Challenge

Iran is hoping to lure major oil companies back to invest in its all-important energy sector, but any oil firms that return to Iran will find a new force to be reckoned with: Iran's Revolutionary Guard Corps.



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CEO Pay Rises Moderately; a Few Reap Huge Rewards

For most CEOs at big companies, pay is rising moderately and awards are increasingly tied to future financial performance. But the biggest rewards are going to a relative handful of executives at the very top of the scale.



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Amazon Doesn't Expect Quick Resolution to Hachette Dispute

Amazon.com said Tuesday it doesn't expect a quick resolution of a contract dispute with Hachette Book Group that has led to Amazon restricting the sale of some Hachette titles.



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Brazil Drugstore Sector Seen as Attractive for Deals

Brazil's drugstore sector has become attractive for mergers and acquisitions, thanks to increasing demand from the nation's growing middle class.



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Insurer to Guide Cancer Doctors on Treatment

WellPoint plans to begin offering oncologists a $350-a-month payment for each cancer patient who is on one of the health insurer's recommended treatment regimens.



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Patton Boggs Follows Unusual Course

The merger of Patton Boggs with Squire Sanders is an unusual outcome in an industry where attempts by distressed law firms to merge their way to stability often presage a final collapse.



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Pfizer Drops Bid for AstraZeneca

Pfizer Chief Executive Ian Read told WSJ the company was "moving on" after dropping its pursuit of British rival AstraZeneca, leaving both drug makers to overcome aging pipelines and market pressures alone.



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Hacker Faces No Additional Jail Time

Prosecutors, defense lawyers and a federal judge all agreed on one thing during the sentencing of an influential hacker: Once caught, Hector Xavier Monsegur became an exceptional asset for the government.



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Citi Sees Further Trading-Revenue Hit

Citigroup CFO John Gerspach warned that the bank's slump in trading revenue could deepen sharply in the second quarter.



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RBS to Cut Hundreds of U.S. Jobs

Royal Bank of Scotland Group is planning to cut hundreds of jobs in its U.S. trading businesses over the next few months as it seeks to slim down its operations to prepare for tough new U.S. regulations.



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Classic Indian Sedan Fades

Ambassador, a car once synonymous with India's politically powerful, faces its final days after Hindustan Motors said it indefinitely closed the factory where the sedan has been produced.



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Spotify User's Data Accessed in Breach

Streaming music provider Spotify said it has become aware of unauthorized access to company systems, and one user's data was accessed in the breach.



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Siemens to Bid for Alstom's Power-Equipment Business

A top Siemens AG executive said Tuesday the company will file an official bid for Alstom SA's power-equipment business by June 16 at the latest, upping the ante in the battle with General Electric Co. for the bulk of the French engineering company.



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GM Defect Likely Linked to More Deaths, NHTSA Chief Says

The administrator of the National Highway Traffic Safety Administration said it is likely that more than 13 people died in crashes related to stalling caused by defective ignition switches in General Motors cars.



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Philadelphia Inquirer Sold

Two of the Philadelphia Inquirer's minority owners won control of the newspaper's parent company, ending a spat among the media company's owners that pushed the paper back to the auction block.



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Intel-Rockchip Deal Aimed at Android Tablets

Intel Corp. is turning to a Chinese chip maker to help accelerate its uphill push into tablet computers.



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FTC: Boost Data-Broker Transparency

Congress should require data brokers to be more transparent about how they collect and use information about consumers and give consumers greater control over their personal information, the FTC said.



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A320 Relaunch Must Be Flawless, Says Airbus CEO

The upgraded single-aisle jet is the company's bread and butter and there is no room for mistakes if profitability and cash flow targets are to be achieved, shareholders were told.



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Orange Confirms Hiring Ramon Fernandez as New CFO

Orange hires France's Treasury chief Ramon Fernandez to become its new chief financial officer, as Chief Executive Stéphane Richard reshuffles his team for his second term at the helm of the group.



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United Continental Reaches Tentative Labor Deal With Dispatchers

United Continental Holdings Inc. said Tuesday it has reached a tentative agreement on a new joint labor contract covering its 330 flight dispatchers, who must ratify the deal.



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Canada's Pitch to Tech: We'll Pay Nearly 80% of Some Salaries

Canada offers lucrative incentives to draw tech startups across the border from Silicon Valley.



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Capacity Cuts Leave Ford Optimistic in Europe

Ford has paired down its European operations and sees profit ahead, unlike its local rivals which have feared political repercussions over job cuts.



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Japan Inc. Governance Code Urged

Ruling-party lawmakers are proposing to establish Japan's first corporate-governance code in a bid to attract foreign investors disappointed by Prime Minister Shinzo Abe's economic changes.



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Glass Lewis Warns Against Zale Deal

Proxy advisers Glass Lewis and Egan-Jones Proxy Services are taking opposing sides ahead of a shareholder vote on jewelry retailer Zale's pending sale to larger rival Signet Jewelers.



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Allergan Attacks Valeant's Strategy

Allergan attacked would-be buyer Valeant Pharmaceutical's business strategy, citing the findings of consultants and forensic accountants.



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KKR to Acquire Goodpack Ltd.

KKR & Co. plans to buy Singaporean packaging company Goodpack Ltd. for roughly 1.4 billion Singapore dollars ($1.1 billion), in what would be one of Asia's largest private-equity acquisitions so far this year.



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AutoZone Profit Rises on Higher Sales, Wider Margins

AutoZone Inc. said its fiscal third-quarter earnings rose as its revenue grew and margins widened. Profit topped analysts' expectations, while revenue met them.



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Pilgrim's Pride Offers to Buy Hillshire

Pilgrim's Pride unveiled an offer to acquire fellow food producer Hillshire Brands for roughly $5.5 billion, complicating a planned merger between Hillshire and Pinnacle Foods.



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Fiat's Targets Are Achievable, CEO Says

The ambitious targets in Fiat Chrysler Automobiles NV's five-year plan presented earlier this month are achievable, Chief Executive Sergio Marchionne said Tuesday.



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Bristol-Myers Squibb Partners With CytomX, Incyte in Immunotherapy

Bristol-Myers Squibb Co. and CytomX Therapeutics Inc. have agreed to collaborate to develop and commercialize various immuno-oncology therapies using CytomX's Probody Platform, the companies said Tuesday.



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Messaging Apps Face New Pressure in China

China is putting new pressure on smartphone messaging application WeChat and others like it as part of a broader push on social media.



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Finnish Tire Maker Nokian to Replace CEO

Ari Lehtoranta, who will replace Kim Gran, faces the problem of how to handle the company's stake in Russia as devaluation of the ruble and the Ukraine crisis dent sales.



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ICE Plans Euronext IPO

IntercontinentalExchange Group will spin off its European stock market operator Euronext through an initial public offering in the coming weeks.



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Greenpeace Activists Board Statoil Drilling Rig

Norway's Statoil said Greenpeace activists boarded a drilling rig in the Norwegian Arctic, disrupting its plans to start drilling in its northernmost wells on the Norwegian continental shelf.



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Private Capital Sought for China Vehicle Charging Stations

China's largest power grid operator by sales will invite private capital to build charging stations for electric vehicles.



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Accor Buys Back 97 Hotels for $1.23 Billion

French hotel operator Accor is spending €900 million ($1.23 billion) to buy back almost 100 hotels in Europe that it had previously sold and leased back to free up capital.



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Monday, May 26, 2014

China Accuses U.S. of Cyberespionage

A Chinese government report accused the U.S. of Internet surveillance into the highest levels of its leadership and key national institutions.



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BHP Flags Possible Job Cuts

BHP Billiton has flagged possible job cuts at its alumina operation in Western Australia following the completion of a major expansion last year.



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Intuit to Buy Bill-Payment Service

Intuit Inc. has agreed to buy bill-payment service Check Inc. for $360 million, according to two people familiar with the situation.



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Smart Toilets Arrive in U.S.

Japanese commode manufacturers target a new market.



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Suncorp Plans $462 Million Write-Down of Life Business

Suncorp Group Ltd. said it would book a $462.8 million impairment charge against its life insurance division as it grapples with rising claims and customers defecting to rivals.



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Online Video Ads Blur Picture for Marketers

Video ads are fast rising in popularity. But here's how advertisers can be tricked into paying for spots on bogus sites with fake traffic.



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Media Mogul Sumner Redstone Cashes In

Sumner Redstone, who will turn 91 on Tuesday, has recently raised more than $200 million selling stock in the two companies he controls: Viacom and CBS Corp.



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Panasonic Unsure on Tesla Battery Goals

Panasonic said the extent of its role in a proposed battery joint venture with electric car maker Tesla Motors is still uncertain as it expressed doubt over the venture's ambitious target of reducing battery-manufacturing costs.



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Amazon-Hachette Dispute Flares

Amazon.com is ratcheting up the pressure on one of the country's largest book publishers, Hachette Book Group, as the two companies battle to reach a new agreement on e-book terms.



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For-Profit Colleges Face Test

Federal and state officials are investigating for-profit colleges over concerns that schools are marketing career-training programs that lack proper accreditation for students in certain fields.



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Currency Chaos in Venezuela Portends Write-Downs

The highest inflation rate in the Americas and at least five currency devaluations in the past decade have turned Venezuela into a guessing game for multinational companies, which may have to take write-downs.



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Wal-Mart Board Criticized by ISS

Wal-Mart needs a more independent board in order to improve directors' handling of a protracted foreign-bribery probe and executive pay, a prominent proxy adviser said.



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Zappos Zaps Its Job Postings

Zappos is dropping job postings. Prospective hires at the online shoe retailer will have to join a social network to demonstrate passion for the company.



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Staples Defends Executive Bonuses

Staples' top executives didn't make their performance targets last year but got paid a special bonus anyway for effort. The company said the awards were needed to retain key talent and motivate workers.



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Loan Scheme Delivers Blow to Small Businesses

Advance-fee loan schemes, in which self-described loan brokers demand upfront payments for loans that never materialize, have intensified since the financial crisis, as banks tightened lending standards.



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BookCon Invites Actual Readers

BookExpo America, the publishers' annual trade show that starts on Thursday in New York, is adding a new feature this year: A consumer show called BookCon will be tucked into the business convention.



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Oléo e Gás Participações to Change Restructuring Plan

Oléo e Gás Participações SA, Brazilian businessman Eike Batista's oil company, announced late Friday changes to its restructuring plan.



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'X-Men' Shows Its Power at the Box Office

"X-Men: Days of Future Past" collected $111 million at the domestic box office between Friday and Monday, giving the superhero sequel the fifth-best Memorial Day showing of all time.



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Finnair to Reduce Cabin Crew After Failing to Reach Accord

Finnish airline Finnair Oyj said Monday it will start shedding one third, or 540, of its cabin crew in June after it failed to reach an agreement with its cabin crew union over cost savings.



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Private Equity Fund Considering Takeover Bid for Club Med

The battle for French resort operator Club Med intensified Monday with a private-equity fund run by Italian businessman Andrea Bonomi saying it was considering a takeover bid, challenging a Chinese-led rival offer.



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Power Auction Foreshadows Possible Rise in Electricity Bills

The price of power set at a key regional auction doubled for many states, foreshadowing a potential increase in electricity bills in the coming years.



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Austria's Vienna Insurance Profit Falls 4.7%

Austria's Vienna Insurance Group Monday reported a 4.7% decline in pretax profit for the first quarter, on negative foreign-exchange effects and interest payments on subordinated debt, while operating businesses made positive contributions.



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Pfizer Walks Away From AstraZeneca Deal

Pfizer on Monday officially walked away from its offer to purchase AstraZeneca for $120 billion, putting an end to a monthlong pursuit that would have tied up the trans-Atlantic pharmaceutical giants.



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General Motors Recalls More Than 45,600 Cars In Australia, New Zealand

General Motors Co. will recall more than 45,600 cars in Australia and New Zealand over a potential seat belt issue.



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Sony, Panasonic Mull OLED Panel Tie-Up With Japan Display

Sony and Panasonic are in early talks to form a joint venture in next-generation panel technology for smartphones and tablets with Japan Display Inc.



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Exxon Ships First LNG Cargo from Papua New Guinea

Papua New Guinea became the world's newest significant energy exporter after an Exxon Mobil Corp-led facility began shipping natural gas.



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Sunday, May 25, 2014

Atos Offers $844 Million for French Rival

French IT services company Atos said Monday it is launching an all cash offer to buy smaller French rival Bull for around €620 million ($844.44 million) as the company seeks to boost its European position in cloud services, big data and cybersecurity.



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China Regulator Considering Nuclear Engineering's IPO

Nuclear power company wants to raise $289 million ahead of a listing in Shanghai



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Korea's Kakao and Daum to Merge

Korea's dominant mobile-messaging service Kakao and Internet portal Daum will merge in a bid to boost their presence in both web and mobile.



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Sony Signs Deal With Shanghai Oriental Pearl

Sony has signed a deal with Shanghai Oriental Pearl to make and sell PlayStation gaming consoles in China.



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Final Days for A Symbol of India's Ascent

Ambassador, a car once synonymous with India's politically powerful, faces its final days after Hindustan Motors said it indefinitely closed the Kolkata factory where the sedan has been produced.



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Indian Court Lifts Block on Sun-Ranbaxy Deal

An Indian court rescinded a temporary order blocking the completion of generic-drug maker Sun Pharmaceutical Industries' planned acquisition of Ranbaxy.



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Saturday, May 24, 2014

Rosneft CEO Backs Stake Sale

OAO Rosneft Chief Executive Igor Sechin said he supports the Russian government's plan to sell a 19.5% stake in the oil giant to the highest bidder, as long as the state retains control.



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The Rare-Earths Roller Coaster

rare-earth-metals.jpg


Starting in early 2010, a small Canadian company called Elissa Resources spent more than $1.66 million exploring a hilly scrap of desert dotted with cacti, creosote bushes, and Joshua trees, at the southern tip of Nevada. The company was looking for rare earths: obscure metals with magnetic and luminescent properties which are used in such products as high-efficiency light bulbs, smartphones, and TV screens. The metals are also of enormous value to the defense and renewable-energy industries. To find them, Elissa Resources employees mapped the landscape and used special devices to figure out where radiation was unusually high. The firm contracted an aircraft to measure the land’s magnetism, surveyed the area from a helicopter, and drilled twenty-one holes to figure out what was down below. But, in 2013, Elissa Resources halted major work at the site. A slump in the rare-earths market has made it hard to attract the investment needed to continue the investigations.



Most of the world’s rare earths are mined in China. In recent years, amid fears that China’s control of the market could jeopardize Western strategic interests, firms such as Elissa pursued deposits elsewhere—in the United States, Kyrgyzstan, Namibia, Vietnam, Greenland, Australia, and other countries. A boom was on. “A geologist would pick up a rock, lick it, and say, ‘Oh, I’ve got rare earths,’ and suddenly you’ve got a rare-earths company,” Gareth Hatch, a co-founder of the market-intelligence firm Technology Metals Research, said. The industry acquired an air of glamour, thanks to the futuristic uses of the metals, and a moniker suggestive of preciousness.


In fact, the rare earths—there are seventeen, and they have baroque names like dysprosium and gadolinium—are not all that rare. Most are more common in the earth’s crust than gold or silver, and they look like ordinary metals. But unlike gold and silver, they are not readily found in minable concentrations; their name derives from the difficulty of separating them out from one another. Nearly all the rare earths had been discovered by the end of the nineteenth century, but their uses were few. A shift began in 1949, when uranium prospectors carrying a Geiger counter hit upon an unusually radioactive zone in the desert, about sixty miles from Las Vegas. They found thorium, a radioactive metal often contained in rare-earth deposits. In 1950 and 1951, a firm called the Molybdenum Corporation of America (later renamed Molycorp) bought the rights in the area and soon opened a mine called Mountain Pass. In the coming decades, Mountain Pass would provide a significant portion of the rare earths utilized around the world.


With advances in technology, applications for rare earths proliferated. In the sixties, electronics manufacturers discovered that europium and yttrium could produce the red hue in TV sets. The oil industry realized that rare earths could help refine petroleum. Today, magnets that combine neodymium with iron and boron, making them exceptionally strong, are found in wind turbines, electric motors, and headphones. Dysprosium is used in military guidance-and-control systems, and lanthanum in Toyota Prius battery packs.


At Mountain Pass, however, environmental concerns eventually came to the fore. Uranium and thorium are present in nearly all rare-earth deposits, and any high concentrations of these that result from extraction and processing need to be carefully managed. (Nate Lavey, in a recent New Yorker video and infographic project called “The Most Radioactive Place in New York City,” explores the negative consequences of thorium waste.) Other substances that may be found in the deposits or used to process them—heavy metals, acids, sulphides, fluorides, and more—can leach into groundwater or be blown into the atmosphere as dust. Mountain Pass repeatedly leaked wastewater, which led to investigations from state and local regulators and scrutiny from environmentalists (including a group calling itself PARD, or People Against Radioactive Dumping); in 1998, the local water board fined Molycorp more than four hundred thousand dollars. That year, the company stopped its rare-earth separating operations at Mountain Pass to avoid more leaks. Molycorp ceased all mining in 2002, when it took the company longer than anticipated to obtain a new permit to store mining waste on site. By the time the permit was renewed, in 2004, prices for rare earths were too low to justify more digging. Private-equity investors bought Mountain Pass in 2008, with plans to reopen the mine and incorporate technology to recycle effluent; they kept the company name of Molycorp, since it was well known.


The rare-earths industry had changed a great deal while Molycorp was grappling with the problems at Mountain Pass. As the market for the metals grew, it had attracted miners abroad, especially in China. In 1990, China controlled nearly thirty per cent of the world market; by 2008, that figure had grown to more than ninety per cent. (Its mining and processing activities had profound ecological impacts, including the creation of thorium dust that was linked to a spike in lung-cancer mortality rates.)


But, for several years, the Chinese had gradually reduced the quantity of rare earths allocated for export, according to a report by the U.S. Geological Survey. Then, in July of 2010, China announced that it would cut its export quota dramatically, by thirty-seven per cent from the previous year. The U.S.G.S. said that the reduction was meant to help China meet its growing domestic demand. Critics said that the goal may also have been to force foreign companies to bring their manufacturing facilities to China, according to a Congressional Research Service paper. Two months later, the Times and others said that China had cut off rare-earth supplies to Japan over a maritime dispute. (The Chinese government disputed this.) Washington began to feel vulnerable: a Department of Energy report said that the supply of particular rare earths needed for clean-energy technology, such as electric vehicles, was at severe risk of disruption.


Firms tried to insure themselves against a possible shortage by stockpiling the metals; this, along with the reduction in the Chinese export quota, led to dizzying price increases. The value of one type of lanthanum oxide, for instance, jumped from around fifty-five hundred dollars per metric ton, in early 2010, to around a hundred and seventy thousand dollars some eighteen months later, according to Metal-Pages, a Web site that tracks the industry. Nearly two hundred new mining projects were developed between early 2010 and mid-2011, as companies made announcements about deposits around the world. A graduate student at the Arkansas Center for Space and Planetary Sciences speculated online about whether it was worth mining the moon for rare earths. (His conclusion: not really.) In the United States, the new owners of Mountain Pass began raising money to build a new processing plant.


It soon became clear, however, that China was not halting shipments summarily, and that metals were still available. Demand fell as companies became unable to afford them, found substitutes, or lived off their stockpiles. Prices for lanthanum and other rare earths dropped back toward their pre-boom levels. In many cases, it no longer made commercial sense to pursue mining projects. Gareth Hatch, of Technology Metals Research, estimates that, of the four hundred and forty prospective sites on a list he has kept of companies that were investigating and developing deposits over the years, fewer than a hundred are still active.


Christopher Ecclestone, an analyst at the research firm Hallgarten & Company, wrote in a report that the bust was an “apocalyptic event.” It turns out that although rare earths are crucial, they are used in comparatively minuscule amounts. If the supply isn’t being artificially restricted, there should be enough to go around. According to the U.S. Geological Survey, the global production of copper was about eighteen million metric tons in 2013. The global production of rare earths, in contrast—or, technically, of rare-earth oxides, the most common finished form—was around a hundred thousand metric tons.


“Even if China were to stop producing every ton of rare earth tomorrow, to meet world demand for the next ten or twenty years you wouldn’t need more than, say, ten projects,” Hatch said. “And China isn’t going to stop any time soon, so my perspective is that maybe five or six of these projects will be necessary.”


Meanwhile, other developments may make rare-earth mines an uncertain investment. In March, the World Trade Organization found that China had violated trade rules by limiting its exports; China is appealing the ruling. In order to cut U.S. reliance on the metals—and on China—a new Department of Energy initiative, the Critical Materials Institute, is studying ways to replace and recycle them.


Molycorp is struggling to ramp up production at Mountain Pass; the mine produced just over a thousand metric tons of rare earths in the first quarter of 2014, a yield that coincided with disappointing financial results and a plummeting stock price. Also, in April, the Environmental Protection Agency fined the company more than twenty-seven thousand dollars, because inspections in 2012 discovered what the agency described as a leak or spill of a substance that contained lead. (Molycorp said that it has ceased the chemical process that led to the problem.)


For now, China remains the biggest rare-earths miner by far. But with prices for the metals having stabilized, a smaller cadre of mining companies are working to exploit rare-earth deposits in places such as Alaska and Wyoming. While the need for rare earths is predicted to grow, the question is whether it will justify much of an increase in mines. At Elissa Resources, the firm that has stopped its exploration in southern Nevada, Paul McKenzie, the C.E.O., said, “It would be easier to raise money and attract money for gold and other commodities right now than for rare earths.” Luckily for him, his company also owns the rights to mine gold deposits in Nevada and South Dakota.


Photograph by Jacob Kepler/Bloomberg/Getty.







Alastair Gee





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