Tuesday, December 11, 2012

Stocks close day up slightly as techs lead the way

5 hrs.

Stocks edged higher on Monday as technology shares bounced back after recent weakness and McDonald's posted strong monthly sales.?

According to preliminary calculations, the Dow Jones industrial average was up 14.75 points, or 0.11 percent, to end at 13,169.88. The Standard & Poor's 500 Index was up just 0.48 of a point, or 0.03 percent, to finish at 1,418.55. The Nasdaq Composite Index was up 8.92 points, or 0.30 percent, to close ?at 2,986.96.?

Technology stocks were the S&P 500's best-performing sector as Hewlett-Packard Co climbed 2.9 percent to $14.20 on rumors that activist investor Carl Icahn is building a stake in the PC maker. The stock is down 44.5 percent for the year and ranks as the Dow's worst performer.?

Tech was also supported by Cisco Systems , which gained 2.4 percent to $19.79 after the company presented its midterm growth strategy on Friday. Monday's rally put the stock on track for its fifth advance in the past six sessions.?

U.S. President Barack Obama met with Republican House Speaker John Boehner on Sunday to negotiate a budget deal. A Boehner aide said Monday that talks are continuing.?

Persistent worries about the negotiations over the "fiscal cliff," a series of automatic tax hikes and spending cuts that could hurt economic growth next year, have kept market moves small of late.?

"There is a general sense that if a deal is struck, that we could have a further advance in the market at the end of this year as well as the first part of next year," said Michael Sheldon, chief market strategist at RDM Financial in Westport, Connecticut.?

The benchmark S&P 500 index has yet to see a move greater than 0.5 percent in either direction for December, and hasn't moved more than 1 percent either way since November 23. However, the market has regained most of the losses incurred post-election as investors refocused on the fiscal cliff.?

McDonald's gave the Dow a jolt, gaining 1.4 percent to $89.69, as its November sales were stronger than expected and showed a bounce back from a decline in October.?

News out of Italy kept sentiment in check as Prime Minister Mario Monti said he would resign after the approval of the 2013 budget. The move added to uncertainty about progress being made to tackle the euro zone's debt problem and drove Italy's borrowing costs higher.?

Source: http://www.nbcnews.com/business/stocks-close-day-slightly-techs-lead-way-1C7533570

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Bounty ruling for players finally at hand

FILE - In this Nov. 30, 2012, file photo, New Orleans Saints football defensive end Will Smith, left, and linebacker Jonathan Vilma arrive at an attorney's office in Washington, for a hearing on their appeals of bounties suspensions. Former Commissioner Paul Tagliabue, who was appointed to handle a second round of player appeals to the league, has informed all parties he planned to rule by Tuesday, Dec. 11, and his decision could affect whether two current Saints ? Jonathan Vilma and Will Smith ? get to play out the season. (AP Photo/Cliff Owen, File)

FILE - In this Nov. 30, 2012, file photo, New Orleans Saints football defensive end Will Smith, left, and linebacker Jonathan Vilma arrive at an attorney's office in Washington, for a hearing on their appeals of bounties suspensions. Former Commissioner Paul Tagliabue, who was appointed to handle a second round of player appeals to the league, has informed all parties he planned to rule by Tuesday, Dec. 11, and his decision could affect whether two current Saints ? Jonathan Vilma and Will Smith ? get to play out the season. (AP Photo/Cliff Owen, File)

FILE - This Feb. 4, 2012 file photo shows former NFL Commissioner Paul Tagliabue in Indianapolis. Tagliabue and lawyers for the league and the players' union have arrived in Washington, Thursday for a hearing in the Saints bounties case. Tagliabue is overseeing the latest round of player appeals in Washington. (AP Photo/David Stluka, File)

FILE - This Oct. 21, 2012 file photo shows New Orleans Saints football linebacker Jonathan Vilma (51) running onto the field in Tampa, Fla., Sunday, Oct. 21, 2012. Former NFL Commissioner Paul Tagliabue and lawyers for the league and the players' union have arrived in Washington, Thursday for a hearing in the Saints bounties case. Tagliabue is overseeing the latest round of player appeals in Washington. Vilma and fellow player Will Smith, who were suspended said they plan to attend. (AP Photo/Phelan M. Ebenhack, File)

FILE - This Sept. 9, 2012 file photo shows New Orleans Saints football defensive end Will Smith (91) warming up before an NFL football game in New Orleans. Former NFL Commissioner Paul Tagliabue and lawyers for the league and the players' union have arrived on Capitol Hill in Washington, Thursday for a hearing in the Saints bounties case. Tagliabue is overseeing the latest round of player appeals in Washington. Smith and fellow player Jonathan Vilma, who were suspended said they plan to attend. (AP Photo/Bill Haber, File)

FILE - In this Sept. 1, 2011 file photo, then-New Orleans Saints football team defensive coordinator Gregg Williams is seen at the Louisiana Superdome in New Orleans. Former NFL Commissioner Paul Tagliabue and lawyers for the league and the players' union have arrived in Washington, Thursday for a hearing in the Saints bounties case. Tagliabue is overseeing the latest round of player appeals in Washington. Williams has been suspended from the league. (AP Photo/Bill Haber, File)

(AP) ? More than nine months after the NFL first disclosed its bounty investigation of the New Orleans Saints, four players will finally get a ruling on whether their initial suspensions are upheld, reduced or thrown out.

Former Commissioner Paul Tagliabue, who was appointed to handle a second round of player appeals to the league, has informed all parties he planned to rule by Tuesday afternoon. His decision could affect whether two current Saints ? linebacker Jonathan Vilma and defensive end Will Smith ? get to play out the season.

If the sanctioned players find Tagliabue's decision palatable, that could finally bring the bounty saga to an end. If not, it will be up to a federal judge to either disqualify Tagliabue or let his ruling stand.

Even if Tagliabue maintains the suspensions, any punishment will delayed a week, allowing Vilma and Smith to at least play this Sunday at home against Tampa Bay, a person familiar with the decision said.

The delay is aimed at giving U.S. District Judge Ginger Berrigan in New Orleans time to review Tagliabue's ruling and decide if she still believes she must take the unusual step of getting involved in a collectively bargained process in order to protect the players' rights, the person told The Associated Press on condition of anonymity Monday because no ruling had been announced.

If Vilma, Smith, Cleveland linebacker Scott Fujita and free agent defensive lineman Anthony Hargrove get the ruling they seek, it would discredit an NFL probe ? overseen by Commissioner Roger Goodell ? that covered three seasons and gathered about 50,000 pages of documents.

The probe concluded that Vilma and Smith were ring-leaders of a cash-for-hits program that rewarded injurious tackles labeled as "cart-offs" and "knockouts."

The NFL also concluded that Hargrove lied to NFL investigators to help cover up the program.

None of the players has served a game of their suspensions yet and have been allowed to play while appeals are pending, though Fujita is on injured reserve and Hargrove is not with a team. Shortly before the regular season, the initial suspensions were vacated by an appeal panel created by the league's collective bargaining agreement. Goodell then reissued them with some modifications. Meanwhile, the players have challenged the NFL's handling of the entire process in federal court.

Vilma received a full-season suspension, while Smith was docked four games. Hargrove initially received an eight-game suspension that was later trimmed to seven games, but for practical purposes, was reduced to two games because he was given credit for five games he missed as a free agent after being cut by Green Bay before the regular-season opener. Fujita had his initial suspension reduced from three games to one, with the league saying that he failed in his duty as a defensive leader in 2009 to discourage the bounty program run by former defensive coordinator Gregg Williams.

Goodell also suspended Williams indefinitely, while banning Saints head coach Sean Payton for a full season.

Tagliabue's ruling comes after a new round of hearings that for the first time allowed Vilma's attorneys and the NFL Players Association, which represents the other three players, to cross-examine key NFL witnesses in the probe. Those witnesses included Williams and former Saints assistant Mike Cerullo, who was fired after the 2009 season and whose email to the league, accusing the Saints of being "a dirty organization," jump-started the probe.

Also for the first time, the NFL allowed players' attorneys to review all of the documents the NFL had collected, including some in which people stated that the players never did what they were accused of, the person who spoke with AP said.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/347875155d53465d95cec892aeb06419/Article_2012-12-11-Bounties-Tagliabue/id-ef6170097ff94624a66487169fb5541b

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Last Hostess Twinkies shipped to Chicago supermarkets

Dave Kaup / Reuters

Hostess Brands Twinkies are on display in a supermarket in Kansas City, Kan., in this Nov. 16 file photo. The last shipment of Hostess-baked Twinkies are headed to supermarkets in Chicago Tuesday.

By Ben Popken, TODAY contributor

If you're craving a Twinkie (and you're in the Chicago area), you may have one more chance to get a box of the?Hostess-baked cakes, but you have to be fast and lucky.

The last Twinkies?shipment from the bankrupt baker will hit Chicago area Jewel-Osco supermarkets Tuesday morning, Hostess spokesman Tom Becker told TODAY.

Over 20,000 boxes were in the shipment from the Twinkies plant in Columbus, Ga. They will sell for regular retail face value ($3.59 for a box of 10) until supplies run out, with no per customer limit. Jewel-Osco posted a delivery schedule on their Facebook page with the locations of all their stores that will receive the final batch of creme-filled delights and their expected time of delivery.

After this final batch of Twinkies runs out, there will be no more Twinkies on store shelves until (if and when) the brand is bought and restarted. Twinkies lovers will have to turn to secondary markets like eBay, Craigslist, or some guy selling them out of a storage locker he's stacked full of hoarded Twinkies.

When negotiations with its unions failed this winter, Twinkies-maker Hostess declared?bankruptcy and began liquidating the company. Having received hundreds of inquiries from interested buyers, it's likely that much like the product itself, Twinkies will never die. They just might not be baked or delivered by union hands, and those hands might not be American.

More money news:

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The final shipment of Hostess Twinkies hit Chicago's Jewel-Osco stores and are flying off the shelves at $3.59 a box. NBCNews.com's Dara Brown reports.

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Source: http://lifeinc.today.com/_news/2012/12/11/15840307-last-hostess-twinkies-shipped-to-chicago-area-supermarkets?lite

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Video: Who Will Save the Twinkie?

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Source: http://video.msnbc.msn.com/cnbc/50152986/

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Managing Renewals In A Changing Workers' Comp Market ...

The 2012 Workers? Compensation marketplace ended almost a decade of relative calm in which many employers experienced decreased work comp costs and fierce competition for their business. As the cycle continues to reverse and costs increase, many employers are worried about their 2013 premiums. The ?2013 Marketplace Realities? report from Willis Group Holdings P.L.C. projects Workers? Comp rates to increase 2.5% to 7.5% with increases of up to 20% in California.

Historically, Workers? Comp pricing is cyclical; therefore, indications are that increasing costs will continue for four to five years. To minimize the impact of the market shift, employers should understand the market forces driving the changes, how they impact their Workers? Comp program and what they can do. There are four major factors propelling higher costs:

Insurance companies, wanting to gain market share during a troubled economy, delayed increases even as their costs rose. They have paid out more in claims costs than they have taken in from premiums and low investment yields have not offset the underwriting losses. To return to profitability, insurance companies are raising premiums, reducing policy offerings and tightening underwriting standards, taking a particularly hard look at risks.

Workers? Compensation rates continue to be driven by medical costs that rise faster than inflation and often faster than medical costs outside the Workers? Comp system. Rampant narcotic abuse has also exacerbated the problem.

The National Council on Compensation Insurance (NCCI), which sets the standards for calculating Experience Modification Factors (Mods) used to determine Workers? Comp costs, revised its standards significantly for the first time in decades. The three-year process that will commence on January 1, 2013 will change how Workers? Compensation insurance providers calculate the Mod, which will affect premium rates for many buyers in states that use NCCI calculated Mods. Rising rates could be compounded by rising payroll in a recovering economy.

Employers with a keen grasp of Workers? Comp premiums understand that ?shopping? for a better rate is not the answer. Unlike most other insurance, Workers? Comp functions like a Line of Credit. Use it and you will pay back the cost of the injuries plus more; in fact, employers will pay back two to three dollars to the insurance company for every dollar the insurance company pays in claims costs. In most states, an experience rating or Mod, an actuarially based method of determining whether your company?s losses (injury claims) are better or worse than expected, is used in calculating the premium.

Since the formula evaluates the company?s losses over three consecutive policy years, not including the most recent year, the 2013 Mod will use data from 2009, 2010 and 2011. Six months prior to the policy expiration date, the insurance company will submit data about the company?s claims during the previous policy year. If your renewal date is January 1, your Mod for 2013 is already determined. However, actively reducing your Mod today will reap reductions in Workers? Compensation insurance premiums tomorrow.

While there are administrative steps that can be taken to tighten up costs, implementing safety measures and practices that reduce claims are the game changers regardless of industry or rate environment. Simply put, those employers who have a history of claims will incur greater costs than average. And it?s not just large claims. Frequency is a greater driver of costs than severity. Controlling Workers? Comp is an ongoing business practice that should be consistent in hard and soft market. If a company has a good claims record, it is going to be impacted the least when premiums increase.

Here are three things you should know to avoid unpleasant surprises on renewal:

How the insurance company perceives your business
Insurance companies are increasingly taking a customized approach to risk, looking both at the risks that are inherent in your operations and the actions you have taken (and continue) to manage and control those risks. While claims history is important, the insurance company also looks at what is being done to reduce hazards and improve safety and how effectively these systems have been implemented. Good relationships with insurance companies always helps when it?s time to negotiate premiums and companies with robust cost containment efforts, including strong hiring practices, workplace safety and loss prevention programs, efficient claims administration, return to work programs, medical relationships that promote appropriate occupational treatments as well as responsiveness to recommendations from the insurance company, are in the best position.

Employers should also expect a level of commitment from the insurance company. Keeping you informed as to the cost of specific injuries, not only will help you monitor and control the claim, but also creates a valuable visibility and awareness of costs of claims for supervisors and managers.

In some cases, employers may look to move from guaranteed cost policies to loss sensitive plans that increase employers? responsibility for claims management and often come with high deductibles. This is not for everyone; it is an area that requires a thoughtful, systematic approach to determine if the employer is operationally and organizationally prepared to take on the additional financial risk and administrative responsibilities and if they have the robust safety culture and programs necessary to be successful. Insurance companies and agents can help you understand the differences.

What affects the Experience Modification Factor (Mod)
The costs of claims are the driving force behind the Mod and insurance companies view the Mod as a good indicator of the strength of a company?s safety and claim management programs. A Mod of one represents the average risk for an average company in their industry and underwriters typically look to write those companies that perform better than average.

An important aspect of the Mod is the split-point between primary losses and excess losses, which effectively discounts the impact of a single large claim. As an example, five claims of $10,000 each will increase a Mod significantly more than a single claim of $50,000.

2013 takes on increased importance for NCCI-rated states as the first major change in the rating bureau?s method of calculating Mods will be implemented with a focus on the split point threshold. The existing experience-rating formula sets the primary loss amount at the first $5,000 of any claim, discounting any per-claim amount over $5,000. Effective January 1, 2013, the primary loss threshold increases to $10,000, January 1, 2014 to $13,500 and January 1, 2015 to $15,000 with a post-2015 automatic inflation adjustment.

This new rating system will heavily penalize employers with multiple claims under $10,000. Such employers should immediately strive to reduce the frequency of ?claim cost drivers,? such as strains and slip and falls; implement an effective return-to-work program that reduces the cost of wage-loss benefits; institute hiring and training practices that foster safety and promptly report accidents to prevent avoidable medical costs and prolonged recovery time.

Mistake-free administrative records

While controlling underlying claim costs is the big picture in long-term, sustained savings, mistake-free administrative records can help in the short-term. If the policy renewal date is January 1, your 2012 policy will generally be audited from Jan. 15 to March 1, 2013. It?s important that your records be in order:

Properly applying payroll to the correct class code directly affects the premium. Employers that take the time to place classifications and/or job titles into the payroll records provide helpful information for the auditor; however, they need to be prepared to defend the classifications. Understand the state?s exclusions from calculation remuneration and keep this information separate from payroll. For example, in many states severance pay is not treated as remuneration and overtime can be reduced to straight time.

Understand how employer perks are treated. Year-end often means bonuses or gifts to employees. Cash or cash equivalents, such as gift cards are included in remuneration, but employer-provided tickets to entertainment events, an airline flight, employer-provided automobiles, and club memberships are excluded. Be vigilant about certificates of insurance from subcontractors, temporary agencies or employee-leasing companies.

The potential for mistakes and overcharges in Workers? Compensation is higher than any other type of insurance. The items listed above only scratch the surface. Errors commonly occur in other areas as well, such as the handling of executive officers pay, unusual exclusions, multiple state coverage, etc. Proper preparation for the audit is essential.

Workers? Compensation costs directly affect the bottom line. Companies that are committed to an integrated approach of cost containment encompassing all aspects of Workers? Compensation will emerge with the competitive advantage.


Source: http://unicogroup.com/unicomp/2012/12/10/managing-renewals-in-a-changing-workers-comp-market/?utm_source=rss&utm_medium=rss&utm_campaign=managing-renewals-in-a-changing-workers-comp-market

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Clinton cancels Middle East trip because of ill health (reuters)

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When will Wayfair go public? - Fortune Finance: Hedge Funds ...

FORTUNE -- Online home goods retailer Wayfair.com generates over $600 million in annual revenue. It has been around for a decade, and currently employs more than 1,200 people. It has raised over $200 million in venture capital funding, including a new $36 million round announced earlier today.

So when is Wayfair going public?

Niraj Shah, co-founder and CEO of the Boston-based company, insists that there are no plans drawn up for a 2013 offering. Not because the company couldn't pull it off, but because it is not yet the "ideal" time.

Shah's primary sticking point seems to be that Wayfair, as a brand, is actually only one-year old.

The Boston-based company originally launched in 2002 as CSN Stores, and built up a portfolio of around 200 consumer-facing sites. Things like Cookware.com and BedroomFurniture.com. Then last year it consolidated almost everything under the Wayfair brand, save for an upper-end design brand called AllModern.com and a flash sale site called?Joss & Main (which is where most of the new $36 million will go). It also raised $165 million in its first-ever round of funding, some of which was a tender offer for early employees with vested stock.

"If you aren't in a rush and you don't need liquidity for your investors, then you look at it and wonder why you should go public when you still don't have much brand awareness and think the story could be so much better in another year or two," Shah explains.

Shah also says that he doesn't really think much about being a public company CEO, or that he dreams of seeing his company listed on a stock exchange. Instead, he says, an IPO is simply the most logical outcome for an e-commerce company of Wayfair's size.

You never know how everything will play out," Shah says, when I ask if Wayfair will remain independent or ultimately be acquired by a company like Amazon (AMZN). "But we're getting to the point where there aren't that many other companies out there that would make sense as an acquirer."

In terms of holiday season sales, Wayfair is having a slightly better season than it had forecast. "It was a little more front-ended from Thanksgiving Day through to Cyber Monday, and I think that five-day run pulled out a bit of later demand," Shah explains, adding that Wayfair has seen a slight uptick over the past several days.

Sign up for Dan's daily email newsletter on deals and deal-makers:?GetTermSheet.com

Source: http://finance.fortune.cnn.com/2012/12/10/wayfair-ipo/

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