Category: Business

  • Discount retailer Steve & Barry’s looks for ways to stay afloat

    For years, Steve & Barry’s, a store where people could buy T-shirts and even designer dresses by Sarah Jessica Parker for less than $10, was seen as an example of “extreme retailing” that worked.

    Now it appears that the company’s form of retailing may have been too extreme.

    The Wall Street Journal reported Tuesday that the company may shut more than 100 or its 275 stores and that it is looking for millions of dollars in financing to avoid declaring bankruptcy.

    “Everything is on the table. Anything can happen,” a source told the Journal. The company declined comment.

    Started in 1985 at the University of Pennsylvania by childhood friends Steve Shore and Barry Prevor, Steve & Barry’s grew first on or near college campuses.

    It specialized in university logo T-shirts, selling them for under $10.

    Eventually, the company moved away from the campuses and into struggling malls, often getting paid a fee up front by the mall’s owners.

    The mall fees have become essential to the company’s profits, the Journal reported in an earlier story, in a sense requiring the company to keep expanding and going into new stores to stay afloat.

    Steve & Barry’s eventually expanded its merchandise beyond T-shirts. But it continued to spend very little on advertising, just as it continued to focus on getting the lowest tariffs on its clothing made in other countries.

    By changing the content of goods slightly – adding waterproof materials, for example – the firm achieved significantly lower tariffs and even improved the product.

    “To be great, you have to have these ridiculous, insane prices and not sacrifice quality,” Shore told The New York Times earlier this year. “The question we constantly ask ourselves is how to hit the price point that even Wal-Mart is not hitting.”

    During the last two years, the company has also attracted customers by offering celebrity designed apparel.

    This marketing effort began in 2006 when Steve & Barry’s introduced Starburys, basketball shoes endorsed by Stephon Marbury, a basketball star now with the New York Knicks.

    Originally the shoes sold for $14.98, a price far below those sold by other companies and endorsed by other players. The shoes now are going for under $9.

    Other celebrities now in agreements with Steve & Barry’s include tennis great Venus Williams, actress Amanda Bynes and Parker, the star of the television and movie versions of Sex and the City, who created a line called Bitten for the company.

    “I had never heard of Steve & Barry’s, and I didn’t know anyone who had ever heard of them,” Parker told the Times. “I was dubious. But I loved their manifesto and the idea of the marketization of fashion.”

    The fate of Steve & Barry’s is uncertain at this point, the Journal reports. It has hired a bankruptcy counsel, the law firm of Weil Gotshal & Manges LLP.

    The company is also seeking investors.

  • Bonderman looks long term with Washington Mutual (Muckety)

    Washington Mutual shareholders approved a $7 billion infusion from TPG and other investors yesterday, thereby blessing — they had little choice — the return of Texas deal maker David Bonderman to the company’s board of directors. The decision came on a day when WaMu stock hit a 16-year low.

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    TPG co-founder Bonderman, who started his investment career with Robert Bass in Fort Worth, has made it clear that his interest in Washington Mutual is long term.

    “Where WaMu gets to is more important than when it gets there,” he told the Financial Times last week. “This is the strength of private equity. We can be patient.”

    Analysts estimate that the Seattle-based lender faces billions more in loan losses over the next few years.

    Bonderman’s first tour of duty on the WaMu board ran from 1997 to 2002 after Washington Mutual bought American Savings & Loan. Bonderman had been with the Robert M. Bass Group when it bought the insolvent S&L from the federal government in 1988.

    The TPG deal with WaMu was announced in April. Gretchen Morgenson, writing in The New York Times, has called it a “sweet package” for TPG and other investors, even though the price of WaMu stock has declined since the deal was made.

    In the FT article, reporter Henny Sender called Bonderman and his TPG partner, James Coulter, “probably the most successful-ever private equity investment team.” Last year, TPG completed the buyout of TXU, one of the largest electric utilites in the United States. Sender’s article is worth reading just for the anecdote about how Bonderman’s partners have “banned him from setting foot in Japan.”

    Bonderman’s position on the WaMu board gives it a decidedly North Texas tilt. Director Tom Leppert is the mayor of Dallas and Regina Montoya lives in Dallas. Bonderman lives in Fort Worth.

    ([Muckety](https://createpositivechange.org/2008/06/25/bonderman-looks-long-term-with-washington-mutual/3672)

  • Law firms like Sullivan & Worcester go green – at $500 to $700 an hour

    There’s money in them thar melting ice caps.

    Sullivan & Worcester is the latest law firm to announce the formation of a full-time climate-change group to advise companies on issues related to global warming.

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    Led by Washington, D.C.-based partners, Jeffrey M. Karp and Jerome C. Muys, the group is advertising expertise in carbon-offset credits, negotiating long-term power agreements, introducing and marketing green, energy-efficiency and conservation products and addressing sustainable-building initiatives.

    The move is hardly novel: Twenty of the 100 highest-grossing U.S. law firms have established practices advising companies on climate-change issues, according to a January survey by Bloomberg News. The attorneys help clients finance clean-energy projects and lobby Congress, typically billing $500 to $700 an hour.

    “Change creates opportunities,” said Seth Kaplan, vice president for climate advocacy for New England-based Conservation Law Foundation. “Not to be too cynical about it, but if we are going to harness the power of the economy and the market to attack this most important problem facing the world today, then we need the tools we have for dealing with markets and systems. And that’s what private-sector lawyers do.”

    Joel Henning, senior vice president for Hildebrandt International, the largest law firm management consultant in the world, has seen such boom-and-bust cycles with other cutting-edge fields like nanotechnology and securitization, which involved pooling and repackaging of cash-flow producing financial assets into securities that were then sold to investors -innovations that helped spur the subprime crisis.

    “It is obviously the flavor of the month,” Henning said of the climate-change practice area. “Law firms typically attempt to get ahead of these trends which they believe might result in new practices.”

    Such pitches are only expected to accelerate against the backdrop of Congressional deliberations about mandating programs to curb greenhouse gas emissions, and the likelihood that the next president will take a pro-active approach.

    All three prospective presidential candidates have expressed support for so-called “cap and trade” policies which use markets to provide financial incentives to reduce emissions, Kaplan said.

    Among those firms advertising the new expertise are Akin, Gump, Strauss, Hauer & Feld, Heller Ehrman and Sonnenschein Nath & Rosenthal (which wooed more than a dozen lawyers with energy expertise from Sullivan & Worcester – and its clients – last month).

    Baker & McKenzie, a Chicago-based firm with 3,335 lawyers, was a pioneer in the field, creating a climate-change group in the late 1990s. The 60-lawyer team brought in estimated revenue of $15 million to $20 million last year, according to Richard Saines, who heads the U.S. part of the practice.

    “We saw this as one of the key international-law issues that would affect U.S.-based multinationals,” Saines told Bloomberg. “And that is now the case.”

    Henning said the voluntary trade of carbon emission credits is already a multibillion-dollar-a-year business. “A huge contingent of the biggest companies are already participating. And the law firms representing those guys have a leg up.”

    Amid such exuberance, he cautions firms against marketing new practice areas before they have any real expertise. “My concern with these cutting-edge practice areas is that you have to be able to come up with the goods.”

    But Kaplan said that there are huge opportunities for those with the skills to guide and oversee systems that will reduce emissions.

    “What is desperately needed is the legal infrastructure to create and administer these new markets and these [carbon emission] reductions,” he said.

    “Actually reducing emissions in the manner that scientists tell us we need to reduce them will require a complete transformation of our economy and of our society. Any time you do that, you create opportunities to create businesses. And lawyers are part of that story.”

  • Medallion Financial’s portfolio: taxis, teams and anti-terrorism

    Since its beginnings, Medallion Financial has been guided by a catchy core philosophy: “In niches there are riches.”

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    The company grew from a single taxicab in New York City to a multimillion financier of cab medallions in New York, Chicago and Boston.

    Who knew, decades ago, that taxis could be so valuable? Polish immigrant Leo Murstein knew.

    It’s unlikely, though, that even Murstein, who bought his first medallion for $10 in 1937, envisioned what his enterprise would become. Medallion Financial (Nasdaq:TAXI) is now a publicly traded company whose board includes baseball great Hank Aaron, former New York Gov. Mario Cuomo and former Connecticut Gov. and U.S. Sen. Lowell Weicker.

    Murstein’s son Alvin and grandson Andrew run the company, and they’re branching out into sectors that could hardly be considered niches. Medallion is a lead investor in public companies looking to acquire sports ventures and security firms.

    Sports Properties Acquisition (AMEX:HMR), a Medallion investment chaired by former Buffalo Bills quarterback and U.S. Sen. Jack Kemp, raised $200 million when it went public in January.

    Another Medallion venture, National Security Solutions (AMEX:NSX.U), has notified the SEC of its plans for an IPO. The company, which intends to acquire domestic and/or international security firms, is led by Howard Safir, former New York City police and fire commissioner.

    Director nominees include Weicker and former homeland security chief Tom Ridge. Advising the company are former FBI director Louis Freeh and former United Nations ambassador Richard Holbrooke.

    If portfolios are sociology, there’s a fiddling-while-Rome-burns dimension to the mix of investments.

    Sports Properties notes in its annual report:

    There has been a continuing increase in attendance at sports and entertainment events, and many cities have expressed interest in having sports teams, including Las Vegas, Houston, Rochester, Orlando, Portland, Los Angeles, Oklahoma City, Kansas City, Hartford, Winnipeg and Seattle. A significant opportunity exists to establish new franchises, or relocate existing franchises.

    The security business is also a booming, as pointed out in the prospectus filed by National Security Solutions:

    The homeland security industry is among the fastest growing industries in the world, with a global market that is expected to grow from approximately $55 billion in 2006 to more than $170 billion by 2015 … Over the past few years, consumers, corporations and governments in the United States and abroad have faced a wide range of threats for which security and homeland defense solutions are constantly being sought, including threats to life and safety, physical and identity theft, intellectual property compromise, vandalism, counterfeiting, fraud, industrial espionage, threats to critical infrastructure, threats to fossil fuel supplies from foreign sources and terrorism.

    The original source of Medallion’s wealth was an ideal moneymaker: Seemingly unlimited demand for a restricted supply. In New York City, there are only 13,150 cabs with city-regulated medallions. The number is controlled by the city Taxi & Limousine Commission, which reported in December that the average medallion cost $426,000 for individual owners and $600,000 for corporate owners.

    Medallion’s trade was built on strong relationships with brokers and cab drivers. The latest ventures also rely heavily on the recruitment of people who are known and trusted, but in much bigger power circles. The celebrity of Kemp, Cuomo, Aaron and Weicker opens doors and reassures investors.

    The company may be able to find niches in fields already crowded with competitors. (What multimillionaire doesn’t want his own sports franchise?)

    How it fares in the coming months may well depend not only on its acquisition targets, but on its network of contacts.

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  • CBS will pay $1.8 billion for CNET Networks

    CBS announced today that is acquiring CNET Networks Inc., for $1.8 billion, at $11.50 per share.

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    CNET, which holds the coveted news.com domain name, operates a range of web sites, including CNET, ZDNet,
    GameSpot.com, TV.com, CHOW and Search.com.

    Leslie Moonves
    Leslie Moonves

    As Dealbook notes today, CBS chief Leslie Moonves said a year and a half ago that the company wasn’t interested in pricy web acquisitions. “We are not going to spend $1.6 billion on YouTube,” he said then, referring Google’s purchase of the video site.

    Moonves has apparently changed his mind. In today’s press release, he says, “There are very few opportunities to acquire a profitable, growing, well-managed Internet company like CNET Networks.”

    Jana Partners LLC, CNET’s largest shareholder, had pushed for a higher stock price. Jana has not yet responded publicly to the CBS announcement.

    The deal may affect content distribution for other web publishers. CNET currently provides content to Hulu, a subsidiary of NBC.

    The purchase will bring significant online traffic to CBS. In the fourth quarter of 2007, CNET claimed 148 million unique users per month. The company also boasts a strong presence in Asia and Europe.

    CNET, one of the early publishers on the web, was founded by Shelby Bonnie, who stepped down after an internal audit found back-dating of stock options. Bonnie went on to found Political Base.

  • Mark Rachesky moves up in the world after leaving Icahn

    Mark Rachesky, who spent six years advising Carl Icahn on investment opportunities, has done well for himself since going solo.

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    Rachesky, 49, left Icahn to run his own investment firm, MHR Fund Management, which specializes in inefficient markets and distressed companies.

    While MHR is a private company that doesn’t have to report its finances, the man with the same initials is apparently quite comfortable. In November, he paid $33 million for a duplex at 834 Fifth Avenue, across from New York’s Central Park Zoo.

    The ninth-floor residence has four fireplaces and seven and a half bathrooms. Neighbors in the building include Rupert Murdoch and John Gutfreund, former CEO of Salomon Brothers.

    Just a year earlier, he and his wife Jill spent $20 million on an apartment at nearby 998 Fifth Avenue.

    Rachesky has invested, and sits on the boards of, a range of businesses. MHR owns 22.5% of Leap Wireless International (NASDAQ: LEAP), which Rachesky chairs.

    Leap Wireless stock rose yesterday after the company reported first-quarter results that beat analysts’ expectations. The company provides low-cost phone service, targeting young people and minorities. It has been able to increase its subscriber base even during the economic downturn.

    Another major investment is Lions Gate Entertainment, the studio that has produced such movies as Crash and Monster’s Ball. The company’s special niches are teen comedies, action movies and horror, including the series of gory Saw films.

    MHR is a majority owner of Loral Space & Communications, a satellite communications company chaired by Rachesky. Other investments include Neose Technologies and Emisphere Technologies, both biopharmaceutical companies.

    Rachesky and his wife have a charitable foundation that has provided grants to the University of Pennsylvania, UJA Federation of New York, Trinity School, the Museum of Jewish Heritage and other nonprofits. Its assets, however, are relatively low – $393,000 in 2006, given the family’s personal wealth.

    Rachesky has both an MBA and a medical degree from Stanford and generally lists M.D. after his name. He’s not currently a licensed physician in New York State, but then medicine is a low-paying profession compared to his current gig.