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The restaurant chains were pressured to change their policies on allowing customers to carry firearms after gun enthusiasts showed up with semiautomatic weapons.
Facebook / Moms Demand Action For Gun Sense in America
Following a incidents in which activists brought assault weapons to Sonic and Chili's restaurants and posted videos on YouTube, the corporate owners of those chains released statements Friday asking customers to keep their guns out of their businesses.
The restaurants' statements follow outrage over videos posted earlier this month by Open Carry Texas, and one week after 22-year-old Elliot Rodger stabbed three men, then went on a shooting rampage that killed three more near the campus of the University of California, Santa Barbara.
Three days after the shootings, Sonic and Brinker International, the owners of Chili's, told Mother Jones that they were considering firearm policy changes given the recent events at their Texas store locations.
Patrick Lenow, Sonic Vice President, Public Relations, sent BuzzFeed the following statement:
Sonic and our franchise owners work hard to provide an inviting environment for customers and employees alike. While we historically have relied upon local laws to guide how we address the display of guns at drive-ins, recent actions required we carefully reconsider this approach. We've considered the views and desires of our customers and employees that staff the drive-ins across the country. Accordingly, we're asking that customers refrain from bringing guns onto our patios or into our indoor dining areas. With respect to the storage of guns in vehicles, we ask that our customers continue to honor local laws.
Shortly after, Chili's parent company Brinker International followed suit, telling BuzzFeed:
At Chili's Grill & Bar, our passion is making our guests feel special in an environment where they can focus on family and friends over a great meal. Recent open carry events at our restaurants and others have prompted passionate and diverse feedback. We recognize that the open carry of firearms in restaurants creates an uncomfortable atmosphere and is not permitted under many local liquor laws. So, we kindly ask that guests refrain from openly carrying firearms into our restaurants and we will continue to follow state and local laws on this issue.
Chili's and Sonic join other national food chains Starbucks, Wendy's, Jack in the Box, Applebees, and Chipotle who have all publicly told patrons not to bring guns into their stores, regardless of what local open carry laws may dictate.
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The campaign, which is on track to raise well over $3 million, also doesn’t make it clear that the money will go to Burton’s for-profit company, RRKidz.
Reading Rainbow
In a matter of days, LeVar Burton raised more than $2.8 million from more than 64,000 people to bring back his hit television series, Reading Rainbow. The campaign promises to develop a web version of Burton's already-existing Reading Rainbow app, and a classroom version that, accompanied by teacher development materials, will be given away to "disadvantaged classrooms" as part of a solution to America's illiteracy crisis.
Reading Rainbow was originally broadcast for free on PBS, a nonprofit. But the Kickstarter doesn't mention that the money raised will go to Burton's for-profit company, RRKidz, which is backed in part by private investment firm Raymond Capital. It also doesn't explicitly mention that, while some 1,500 classrooms in poor areas will receive the classroom version for free, the rest will have to pay a monthly subscription fee, the Washington Post reported.
This is the language used by the Kickstarter:
A judge will require the bankrupt college and career advising company to let its users remove their information before the company’s data is sold as part of bankruptcy proceedings.
A judge will require ConnectEDU, a bankrupt college and career advising startup that holds the personal information of millions of students, to abide by its privacy policy in the sale of student data, according to Jamie Hine, a lawyer for the Federal Trade Commission.
The FTC announced last week that it was attempting to halt the sale of troves of user data by ConnectEDU, including the names, contact information, birthdays, and academic histories of some 20 million students. In a letter, the FTC alleged that the sale was in violation of ConnectEDU's own privacy policy, which promised to alert users to a sale and allow them the opportunity to remove the data from the site.
In a hearing late Thursday, Judge Shelley Chapman said she would require ConnectEDU to notify its users of a sale and let them delete their data, according to Hine. The language of the bankruptcy documents will be changed officially early next week.
Bankruptcy judges have wide leeway in what policies they can require companies to follow, and often cast aside concerns in order to facilitate a speedy sale.
"We were very encouraged by the result," Hine said. "It was very unexpected. The judge could have ignored the issue, but she really got it."
The judge's order could be a product of the heated debate around the importance of protecting students' information, which has become accessible to more and more private companies in the form of websites and apps used in classrooms. ConnectEDU was used by 5,000 educational institutions and more than 100,000 prospective employers. It had also recently received a $500,000 grant from the Bill and Melinda Gates Foundation related to mastery of the Common Core, which would have brought it further into the K-12 education sphere.
While the FTC enforces the Child Online Protection Act, which applies only to students under 13, Hine said it also prioritizes protection of the information of teenagers. "The data belonging to minors requires more protection," he said. "We think it's even more important."
Bankruptcy cases such as ConnectEDU's can make private data even more vulnerable than in traditional sales, Hine said, because pieces of companies are sold off to the highest bidder, and the companies themselves have little control over who gets data and what happens to it.
The prices at new concept store F21 Red are lower than ever. Is it possible to mass-produce $1.80 camisoles in a humane way?
Lara Parker/BuzzFeed
It sounded almost satirical when Forever 21, the fast-fashion retailer known for its rock-bottom prices, announced plans for a new concept store devoted to selling its cheapest clothing. But the company wasn't kidding: F21 Red, as it's known, has been up and running for almost three weeks at a shopping center outside Los Angeles, and it represents the first store in what may be a new chain.
Forever 21 says that customers wanted a separate store for the chain's basics, which come at stunningly low prices — $1.80 for camisoles, $7.80 for jeans, and $3.80 for T-shirts. That matches prices in regular stores and online, a spokeswoman told BuzzFeed. But F21 Red gives the impression it's a discounted Forever 21, since its staples are among the retailer's cheapest merchandise, and the point of the 18,000-square-foot space is to sell a vast amount of such items.
Whatever Forever 21's ambitions, the new store has mostly drawn renewed attention to how the private company can afford to sell shirts and leggings for the price of a latte or a breakfast sandwich. The human cost of fast fashion has been in the spotlight since the collapse of Rana Plaza in Bangladesh last year, a tragedy that left more than 1,000 dead, and some experts are wondering why Forever 21 is choosing to showcase such low-cost clothing.
It's not possible for clothes sold at these prices to be made in a humane way on a sustainable basis, says Allan Ellinger, a senior managing partner at investment bank and restructuring advisor MMG, which advises the fashion and retail industries.
"Think about the steps that go into a garment — if you think about something that's all cotton, somebody has to grow the cotton, pick the cotton, that cotton then has to be cleaned and put through a spinning process to create yarn," he explained. "The yarn then needs to be dyed, the dyed yarn then needs to be knitted, the knitted fabric then needs to be cut, sewn, pressed, labels have to be put on, hangtags have to be put on ... then they put it in a cart and ship it to a warehouse then ship it to a store."
"Think of all the steps that have gone into that garment just to get it to the selling floor ... there are people making a profit on every single add-on," he said. "Then you bring it to the store and the store's going to make a profit? I'm not quite sure how this works."
Typical department stores work at a 55% to 65% markup, while somewhere like Costco might have just a 16% markup, but it's making lots of money on memberships, Ellinger said. Even if Forever 21 is working on just a 40% markup, it's spending very little on the actual clothing if it's turning a profit, he added.
Lara Parker/BuzzFeed
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Ballmer’s $2 billion bid for the Los Angeles Clippers was reportedly accepted.
Lucas Jackson / Reuters
Former Microsoft CEO Steve Ballmer's $2 billion bid for the Los Angeles Clippers has reportedly been accepted — and quitting Microsoft might have even helped him pay for the team in its entirety.
Since the announcement of his retirement, the value of Ballmer's stake in Microsoft has grown by more than $2 billion. Ballmer announced his retirement on August 23 last year, which immediately sent shares of Microsoft up more than 7%. Ballmer's decade-plus tenure at Microsoft was criticized for a lack of growth in the company's share price, but since the announcement of his retirement, the company's share price has risen more than 23%.
At the time, Ballmer owned about 333 million shares in the company, according to the company's most recent proxy statement. Microsoft traded at $32.39 before the announcement, and closed today at $40.01, meaning his stake had grown by roughly $2.5 billion.
Arguably, it has been more than Ballmer's retirement — the appointment of product-savvy Satya Nadella as CEO, the release of Office for iPad and a number of other strategic and organizational changes — that has sent Microsoft shares on its run. But with Ballmer out of the picture, the value of his own stake in the company has grown dramatically — by enough to buy himself a basketball team.
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The internet giant has reached deals with major labels for a service to launch this June or July.
Amazon founder and CEO Jeff Bezos.
David Ryder / Getty Images
Amazon, the internet's largest retailer, is making an aggressive move into the booming and intensely competitive business of streaming music.
The company will expand its Prime membership offerings by adding a stockpile of old and newish music for subscribers to stream on demand. The Prime music service, which is scheduled to launch this June or July, will not include recent releases but instead restrict its catalog to songs and albums that are 6 months old and older, five music industry sources familiar with the company's plans confirmed to BuzzFeed.
Similar to Prime Instant Video, the on-demand video option available to Prime members, the Prime music service (the official name of which is still unknown) won't aspire to the full universe of existing content, instead offering a potluck of select songs and albums it has licensed from labels at a discount. That distinguishes it from the prevailing business model of stand-alone streaming competitors like Spotify, Rdio, and Beats Music, all of which have tried to lure customers by promising all of the world's music with a few precious exceptions.
Of course, Amazon has already hooked over 20 million reported Prime members without offering any music at all. For Amazon, music is yet another cherry on top of a cake that already includes movies and TV shows via Instant Video, an eBooks lending library for its popular Kindle reader, and free two-day shipping — the service's signature feature since debuting nine years ago. It sweetens the deal not long after Amazon miffed some members in March by raising the price of Prime to $99 per year from $79.
Amazon
Amazon has reached agreements with two of the three major labels, Sony Music Entertainment and Warner Music Group, and several independents for the new service following initial talks late last year. Status of the third major, Universal Music Group, wasn't confirmed at press time.
Compared with Spotify, Rdio and Beats, Amazon has been granted limited access to the labels' archives, with one source saying that the company will pick and choose what albums to stream based on data from Amazon's existing music and retail operations. In some ways, the arrangement mirrors the one reached between Amazon and HBO last month, in which a select number of HBO's older shows were made available on Prime Instant Video.
Similar to Spotify, the Prime music service is said to work across multiple devices and allow users to search and play songs as many times as they want with some offline capabilities. Sally Fouts, a representative for Amazon, has not responded to a request for comment.
Amazon's entry into music streaming comes at a time when many in the music industry have started to view streaming as the next in a long line of last great hopes. In the first quarter of this year, digital track sales in the United States were down 12.5% from the same period last year, while total streams have increased by 34.7%, according to Nielsen data. That continues the trend from 2013, when digital music sales in the U.S. declined for the first time in a decade.
The rise of streaming came into sharp focus this month as Apple made headlines for its $3 billion purchase of Beats Electronics and Spotify announced that it had signed up 10 million paying subscribers worldwide. YouTube, the world's most popular destination for streaming music, is also rumored to be launching its own paid subscription service later this year.
Reed Hastings and Brian Roberts sparred in separate interviews at the inaugural Code conference. The phone company or the Post Office?
Kimberly White / Reuters / Reuters
The deep tensions around net neutrality, and its consequences for key tech and media players, emerged on stage in San Francisco this week, where the chiefs of Comcast and Netflix offered dueling metaphors for cable's future role.
Netflix CEO Reed Hastings today accused Comcast CEO Brian Roberts of wanting "Comcast to be like the Post Office — a big national monopoly."
"It's a general way of taxing the internet. They want the whole internet to pay them for when their subscribers use the internet," he said on stage at the Code Conference.
Roberts, who appeared at the same event the day before, had a different utility in mind.
"I don't think phone regulation ever resulted in a great phone system," he said at the conference.
Netflix and Comcast — the iconic new media content company and the nation's largest cable provider — are partners in a controversial deal in which Netflix pays to ensure smooth service. They are also, however, publicly at odds over the principle, with Hastings emerging as a leading critic of Comcast's planned acquisition of Time Warner Cable.
Roberts, like other providers, argue that it would allow Comcast to offload costs to heavy bandwidth users. However, a ruling like such could effectively "kill" net neutrality and hamstring younger and less-financed companies that are trying to compete with established services that have lots of capital — like the Facebooks and Netflixes of the world.
Roberts is simultaneously to make his case for the Time Warner deal. At the Code Conference, he argued that the deal, which would give it control over about a third of the United States' broadband users, wasn't going to eliminate competition because Comcast was a "regional" company. "You can't buy a Comcast in New York, a Time Warner in Philadelphia," he said at the conference in a follow-up interview with CNBC. "There's no reduction in competition in broadband."
Hastings has made it clear that he disagrees with that, saying it would give Comcast control over an unprecedented number of broadband users in the United States, which would allow Comcast to extract greater fees from "not just us, but to the whole Internet," he said on stage. In a letter to shareholders in April, he said "the combined company would possess even more anti-competitive leverage to charge arbitrary interconnection tolls for access to their customers."
"They used to send DVDs by postage, they used to pay $750 million in postage. They would like it all to be free," Roberts said on stage, referring to Netflix not wanting to pay for a deal with Comcast to ensure faster access. "I don't blame them for that. I would like to not pay for cable boxes." Roberts said 34% of Internet traffic during primetime hours comes as a result of Netflix streaming, and he had warm words for his critic, calling it an "astonishing achievement."
And this might not be such a bad thing.
Pre-cooked meat, like the patties used in fast food burgers, may have once tested positive for pathogens such as E. coli.
But when a batch tests positive, the meat does not necessarily get thrown away. It can be cooked according to a USDA-approved method then sold as processed food that you'd find in a supermarket freezer aisle, at a fast-food chain, or as pet food. Many Americans — and even several food experts contacted by BuzzFeed — are unaware that a secondary market for pathogen-tainted meat exists (or that it is regularly processed into safe, consumable food). But because the process is considered safe, even by consumer awareness experts, and uses meat that would otherwise go to a landfill, many see it as an efficient and economically savvy method of reducing waste. The existence of the secondary market for tainted meat, however, points to weakness in an increasingly industrialized and consolidated food system as industry leaders will not share information about how much meat is processed this way.
Since 1998, the USDA's Food Safety and Inspection Service ("FSIS") has required every slaughterhouse and processing plant in the U.S. to have a Hazard Analysis and Critical Control Points ("HACCP") plan to handle and reduce occurrences of "food safety hazards." One type of hazard addressed by these plans is the appearance and spread of pathogens such as E. coli. Under HACCP, companies are required to continuously sample and test the meat in their facilities. If a sample tests positive for a pathogen, the company has the option of cooking the meat for a specific length of time and at a specific temperature, proven to kill it (called the "lethality step"). This process is scientifically validated and FSIS-approved as safe. Not all slaughterhouses and processors have the resources for this kind of cooking, though, so they can sell their tainted meat to another facility that does.
The meat can also be rendered into pet food through a process that involves collecting the meat, adding heat to it and then removing and straining all the resulting liquid to leave behind a "meal" of fat, bone, and protein.
Workers at the Sam Kane beef slaughterhouse in Corpus Christi, Texas on June 10, 2008 dissect, sort and separate beef parts. USDA FSIS inspectors are on site to ensure the beef is processed in accordance with regulations.
Flickr: usdagov / USDA / Alice Welch
It is difficult to gauge the size of this secondary market. The USDA told BuzzFeed that it does not specifically track these numbers, but is in the process of collecting the information to respond to our request. A spokesperson for American Meat Institute, the largest trade association representing the U.S. meat and poultry industry interests, said the organization "certainly [doesn't] track that," and that she is "guessing the data doesn't exist."
Customers cannot differentiate between a cooked product that is made from meat that once tested positive for a pathogen and one that is made from meat that was always safe because large food companies do not need to inform customers about whether its meat has undergone an FSIS-approved process to kill contaminants (or disclose who supplies their meat).
A new report out today from Citi details findings that show hedge fund assets will swell to nearly $6 trillion in the next four years, doubling the size of the industry. At fees of 2% of assets and 20% of profits, members of the at-times controversial industry stand to make a lot of money.
IPGGutenbergUKLtd/IPGGutenbergUKLtd
The hedge fund industry is on track to get bigger. Two times bigger in just four short years.
That's according to a new report out Thursday from Citi, which projects the amount of assets advised or managed by hedge funds to swell to $5.8 trillion by 2018. If the hedge fund industry were a country, it would have the fourth highest GDP in the world, roughly the same size as Japan.
Assets are growing across the board, regardless of the size of the hedge fund, the study found. The average assets under management for a fund smaller than $1 billion, or "sub-billion" grew 15% since 2008 from $60 million to $69 million. Even more strikingly, for funds with more than $1 billion, the average asset amount grew 136% from $1.76 billion to $4.17 billion in the same time frame. Basically, the big keep getting bigger.
And as these assets grow, the typical fees hedge funds charge have remained relatively unchanged. By the model in which managers make 2% of total assets and 20% of the profits, hedge fund managers stand to make a fortune with just the former if the total industry assets do in fact grow at such a mind-blowing pace. Whether their clients do as well remains to be seen.
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Abercrombie hopes its version of America resonates more in China, as its brands keep losing steam in the U.S. and Europe.
An Instagram from the Abercrombie account with the caption: "#ButFirst...#Selfie #Shanghai #Repost @afassociates".
Abercrombie, reporting its fifth straight quarter of sales decline Thursday, started its earnings call by focusing on a rare bright spot: China.
Chief Executive Officer Mike Jeffries, after acknowledging the "difficult teen retail environment" at home, was quick to jump to the brand's new flagship store in Shanghai, which he said opened in April to "huge crowds and strong sales" above forecasts, generating "500 million social media impressions" and more than 30,000 new Weibo followers. The retailer, which is also seeing positive comps out of Hollister in China, plans to open four more stores in the country this year, and has said it envisions more than 100 for both brands there in the long-term.
Abercrombie's dreams for China contrast with its far more dismal performance in the U.S., where the company has closed 220 stores since 2010 and plans to shutter another 60 to 70 this year. Executives said in February that Abercrombie stores in China posted a tremendous 35% increase in comparable sales last year. Meanwhile, they tumbled by 11% in both the U.S. and in the overall international division, which is mostly comprised of European stores.
"In fast-growth markets like Asia, the opportunity is huge," David Leino, Abercrombie's senior vice president of global real estate, said at a meeting with analysts in November. "We believe Asia could be our next $1 billion business, and a highly profitable one at that," he said, citing China's income growth and the size of Japan's apparel market.
Abercrombie, which owns Hollister and a namesake kids chain, ended the quarter with 842 U.S. stores, 18 in Canada, 117 in Europe and 22 in Asia, Australia and the United Arab Emirates. Specifically, there are 9 Hollisters in China and 2 Abercrombies.
The brand was among the hottest and priciest of American teen brands at the start of the decade, but has lost its luster domestically in recent years, plagued by a variety of issues: stale marketing, a trend away from logos, the rise of fast-fashion and a somewhat scandalous CEO. It's been working hard to regain its appeal, altering Hollister storefronts so customers can actually see inside, chasing fashion trends more aggressively, and even planning to list its goods on Asos later this year.
But the competition is steep, especially as teens have less to spend. Abercrombie's comparable sales have also been declining significantly in Europe, where teen unemployment is even higher than in the U.S., but executives blame those numbers on the economy and the brands' "rage" level of popularity when the stores first opened.
Abercrombie is hoping its version of how young Americans dress and live will catch on in China, even as it struggles to sell that image to actual Americans. Here's how the brand describes itself on its website: "Steeped in Northeast traditions, Abercrombie & Fitch is an iconic collegiate staple, outfitting college students around the world in cool, casual men's and women's clothing." Hollister, meanwhile, calls itself "the fantasy of Southern California by Abercrombie & Fitch. It's all about hot lifeguards, beautiful beaches, and awesome new styles for guys and girls. Hollister's laidback lifestyle, cool clothing, and All-American image is timeless and effortlessly cool."
The retailer hopes these ideas of American teenagers and 20-somethings find a more captive audience in China, where it's also beefing up a fast-growing online business with local fulfillment and a local website. Abercrombie, and analysts who are bullish on the company, anticipate its European business will improve once the region's economy heals.
As far as its plans for the U.S., Abercrombie said it could "potentially" close more than 60 to 70 stores this year. The retailer is mulling the "optimal size of our U.S. bricks and mortar footprint" given that about 500 of its 850 U.S. leases are up for renewal between now and the end of 2016, Chief Financial Officer Jonathan Ramsden said on today's call.
"The closures this year, all bar one, are in the U.S," he said.
“Mr. Bharara fights finance criminals and terrorism, I meet handsome men in cute and unusual ways on television,” she told Harvard Law graduates yesterday.
One's a best-selling author and stars in her own television show, the other prosecutes white collar criminals and corrupt politicians from his office in Lower Manhattan. Mindy Kaling and Preet Bharara both addressed Harvard Law School graduates during the school's Class Day ceremony yesterday. The two were selected by four graduates representing their class.
"Mr. Bharara fights finance criminals and terrorism, I meet handsome men in cute and unusual ways on television," Kaling said. "Is one more important than the other, who can say?" Kaling is a self-described "quadruple threat" who received a string of Emmy nominations for her work on The Office, while Bharara's office has won convictions in 80 insider-trading cases with no acquittals.
The two are both Ivy League educated (Kaling graduated from Dartmouth, Bharara went to Harvard and Columbia Law School) and Bharara is a film buff who cannot resist dropping pop culture references into speeches and interviews. At the press conference announcing the arrest of hedge fund billionaire Raj Rajarartnam, he told reporters "Greed, sometimes, is not good," and when asked at a conference last year when he plans to retire, he quoted Samuel L. Jackson's Pulp Fiction character Jules, saying, "I'm going to walk the earth."
"Clearly, Harvard wanted to show the full range of what India can produce," Kaling said, referring to herself and the Punjab-native Bharara.
In his speech, Bharara told the graduates, "The power of your degree gives you a degree of power that few possess, few know how to use, and fewer still know how to put to good purpose," according to Harvard Law Today .
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The U.S. economy shrunk at an annual pace of 1%, the first contraction since the beginning of 2011.
The United States economy is shrinking for the first time in three years, according to newly revised economic data released Thursday by the Commerce Department.
The economy shrunk at an annual pace of 1%, the Commerce Department said today, in a planned revision of data that first said the economy had grew at a meager .1% in the first quarter. The Bureau of Economic Analysis, which compiles U.S. economic data, blamed the weak results on lower exports, a decrease in new inventories of goods made by private companies, a decrease in new nonresidential buildings, and less state and local government spending. This is a big drop from the 2.6% annual growth pace in the fourth quarter of this year.
The poor results, which could be revised again when the Commerce Department releases its third and final update of the first quarter data, took the economics community by surprise. A Reuters poll of 85 economists did not have a single one predicting such a weak number.
Much of the turn from the barely positive .1% annual growth rate in gross domestic product to the 1% downturn came from weaker "change in private inventories" data in the revised figures.
This statistic measures the change in the value of the physical stuff businesses accumulate in the hope of producing or selling more stuff — and it has dropped off dramatically in the beginning of this year. In the third and fourth quarter of last year, inventories increased $115.7 billion and $111.7 billion respectively. According to the most recent figure, only $49 billion worth of private inventories were added. The small dip from the third to fourth quarter took .02 percentage points off of GDP, while the much larger dip took 1.62 percentage points off the GDP number for the first quarter of this year. The last time private inventories dipped more was the fourth quarter of 2012, when the economy grew at a mere .1% annual rate. It would grow 1.9% in all of 2013.
The Commerce Department describes change in private inventories it as "one of the most volatile components of gross domestic product" and says it has "an important role in shortrun variations in GDP growth."
Consumers, however, appear to be spending more and doing better. Personal consumption of goods and services grew at a pace of 3.1% annually, the second highest quarter for personal consumption since the end of 2010. More recent economic data is not consistent with an economy that is continuing to shrink. In April, the economy added 288,000 new jobs, the biggest month for job growth in over two years, well above the 190,000 new jobs a month average over the past year.
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As part of the deal, Dr Dre and Jimmy Iovine, will both be taking executive positions at Apple.
Adam Hunger / Reuters
Apple took a dramatic new direction in the digital music business it once led, officially announcing its purchase of Beats Entertainment, a company built by Dr. Dre and music mogul Jimmy Iovine that sells high-priced headphones and a music streaming service, for $3 billion.
The purchase, despite much hand-wringing over what Apple is actually buying, is at its core a way return Apple to a leadership position in digital music, as download sales give way to subscription streaming services. As part of the deal, Dre and Iovine are taking executive positions at Apple running its music operations. The deal consists of a $2.6 billion straight-up purchase with a $400 million earn-out clause.
The deal, which ranks as Apple's largest ever, is the culmination of a relationship Iovine has had with Apple for years. Apple CEO Tim Cook reportedly met with Beats executives in February last year to discuss a potential partnership involving the new streaming service released by Beats. Iovine and Apple founder Steve Jobs were long-time friends who often sought advice from each other, with Jobs sometimes staying at Iovine's house when visiting Los Angeles before he passed away and handed the reigns of the company over to Cook.
Though Iovine is leaving Universal Music to join Apple, the record label can't be too unhappy about the deal — it will receive a $420 million windfall by virtue of its 14%4 stake in Beats.
Acquiring Beats gives Apple another way into the increasingly popular streaming music market beyond its existing streaming service, iTunes Radio. According to IFPI, more than 28 million consumers paid for a music subscription in 2013, up from 8 million in 2011. What's more, the $1.1 billion in revenue that IFPI attributed to subscriptions for streaming music in 2013 represents a year-over-year increase in excess of 51%. Many industry watchers are viewing streaming music as a way to return to growth as downloads — iTunes' bread and butter — have begun to flatline.
The deal is also a rather significant break in character for Apple, which has often sought to build out services rather than acquire them — such as iCloud, iMessage, or iTunes Radio. While companies like Google and Facebook are willing to shell out billions for companies that seem to have a natural product fit, Apple has never done a billion dollar plus deal, even though it is sitting on more than $150 billion in cash.
AP Photo/Damian Dovarganes
The newly public AMC Entertainment was the favorite stock of hedge funds in the first quarter, and analysts say that the company is on a tear, buoyed by projections of a better-than-expected summer blockbuster season.
Jennifer lawrence stars in X-Men: Days of Future Past.
Alan Markfield/Marvel / MCT
The stock of movie theater chain AMC Entertainment is as hot as any film scheduled for release during the summer movie season.
At least that's what analysts and hedge fund managers appear to think.
AMC, the second-largest movie theater chain in the country, ranked as the top stock pick among hedge funds in the first quarter of this year, according to data from Whale Wisdom, a site that aggregates and analyzes 13F filings from hedge funds. AMC topped Whale Wisdom's first quarter heat map, which factors in the number of funds that added a stock to its portfolio, increased their holdings in a stock, and the average position in hedge fund portfolios a stock held over the quarter. Hedge funds increased their holdings of AMC from $46 million at the end of the year to $104 million as of March 31, according to data from Insider Monkey.
Part of the reason for the enthusiasm is owed to the summer movie season, which is off to a strong start with last weekend's $111 million holiday box office take for X-Men: Days of Future Past. Roughly 40% of Hollywood's annual box office gross, which totaled around $11 billion in 2013, is generated from Memorial Day through Labor Day — last year's summer season collected a record $4.76 billion in ticket sales — and analysts were initially down on the prospects for this year's slate of films. But the strong performance of X-Men has analysts like Eric Wold of research firm B. Riley now projecting that the summer season will perform better than originally expected.
In a recent note on AMC, Wold wrote that there was a 22% increase in year-over-year ticket sales for April, and that while The Amazing Spider-Man 2 was lagging its franchise peers, strong-than-expected results from the latest X-Men movie, as well as Captain America: The Winter Soldier and Godzilla, and "surprise hits" like Neighbors and Heaven is for Real have bolstered this summer's box office outlook. He added that next summer could very well be Hollywood's biggest ever and that AMC is poised to take full advantage, provided it continues its improvement projects and attendance growth.
"This year is good, but next year looks phenomenal," Wold said. "The core franchises that everyone knows, those are looking great. You have the next Avengers, Star Wars, Mission Impossible, James Bond,Hunger Games. Anything they can do to position themselves to continue customer growth and getting them to spend more is going to be even better next year. Next year you've got a phenomenal slate of movies."
AMC went private in a private equity buyout in 2004. In 2012, it was sold to Chinese conglomerate Wanda for $2.6 billion in equity and debt assumption. AMC in December returned to the public markets and in during its first trading quarter has emerged as the top stock pick among hedge funds.
While the summer movie season is certainly an attractive reason for hedge funds to buy into AMC stock, the movie theater chain has been making its own improvements to help reignite attendance, which has been depressed across the movie industry over the last few years (revenue gains have come mostly from higher ticket prices, not increased attendance). Wold said that AMC has been able to increase its attendance by upgrading and renovating its theaters, as well as generating more revenue per customer once they buy a ticket in recent months.
"They're doing re-seats, ripping up the seats in the auditorium and replacing them with more comfortable seats," said Wold, who upgraded AMC stock, which went public in December around the $18.90 mark and is currently trading around $23.19 per share, from "neutral" to "buy" and increased its price target from $25.50 to $28 on Tuesday. "You end up with fewer seats, but you're seeing attendance double, people see comfortable seats and higher ticket prices and they've got a great strategy on hand to increase revenue growth and profitability. They outperformed the industry in the first quarter. They stand a better chance of outperforming in the summer periods and taking customers from others."
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Gary Cohn, Goldman’s president and chief operating officer, said at a conference today that the market rather than the bank was to blame for its sagging trading profits
Goldman Sachs president and chief operating office Gary Cohn.
Mark Wilson / Getty Images
Goldman Sachs's president and chief operating officer Gary Cohn is the latest Wall Street bigwig to say "it's not me, it's you" to the market when it comes to explaining to investors and the public why his bank's trading profits are flagging.
Speaking today at a conference in New York, Cohn said that "the most significant factors" in driving down volume and trading activity — and thus revenues for Goldman — were "economic in nature."
He, like many other bank executives, specifically pointed to lower volatility across currencies, stocks, and interest rates, saying that the market environment was "abnormal" leading to a "client base [that] is a lot quieter today than they have been in a long time," meaning fewer trades generated by Goldman's clients that they can facilitate.
Goldman has already been suffering from a slowdown in trading, especially in fixed income, the traditional profit center for large investment banks. In the first quarter of this year, Goldman's revenues in fixed income, currencies, and commodities (FICC), fell some 11% over the year, to $2.85 billion.
While the investment bank hasn't put out a projection for the second quarter, two of its rivals, JPMorgan Chase and Citigroup, have said they expect fixed income revenue to fall at least 20%. Both blamed lower client activity, as opposed to any particular problem in how they operate, and Citi's chief financial officer John Gerspach said yesterday that low volatility was partially to blame for the slowdown. FICC revenue across the industry fell 16% in the beginning of this year, according to the research firm Coalition, which tracks ten large global investment banks.
"The environment for all the firms is quite difficult right now," Cohn said today.
Fixed income has an outsize importance for Goldman since it is the traditional colossus in the industry in earning profits there. In the first quarter of this year, 31% of its revenue came from FICC, while at Morgan Stanley, its only rival independent, full-scale investment bank, it was 19%. While several banks are dramatically cutting back their trading efforts because of the regulatory and capital burdens that come with more volatile and risky businesses, Goldman has only reduced its headcount in FICC by 10%, Cohn said.
"We do believe and we do believe pretty strongly that trading volumes and volatility will normalize over some period of time," Cohn said. "When things are good, people think they can only get better. When things are tough people think markets will never get good again."
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The bank’s chief financial officer said that stock and bond trading revenues are expected to drop by up to a quarter. “We kind of have the market that we’ve got. I wish I had a better answer.”
Jim Young / Reuters / Reuters
Citi is the second major bank to confirm that Wall Street's trading malaise is continuing on for at least another three months. The bank's chief financial officer John Gerspach said at a conference Tuesday that Citi expects fixed income and equity trading revenue "to be down in the range of 20% to 25% year-over-year." In the second quarter of last year, the bank had revenues of $4.3 billion in stock and fixed income trading, and the two units made up over a fifth of the bank's total revenues of $20.48 billion.
Gerspach, like many others on Wall Street, blamed a combination of uncertainty about the global economy along with low volatility for a low volume of trading among the bank's clients. Higher volatility can drive hedging to protect against big moves in the market. He said that there was "a general view of investors and a lot of corporates just sitting on the sidelines because no one is really sure about what to do."
Citi's fixed income trading revenue fell 18% in the first quarter of this year to $3.85 billion from the year prior, leading Gerspach to tell analysts on a conference call that the entire industry may never reach the total trading revenue it saw before the crash. "It looks like a shrinking pie," he said.
The research firm Coalition said that ten of the largest global investment banks had fixed income, currency, and commodities trading revenue of $22 billion in the first quarter of this year, a 16% drop from the year before and a 37% drop from the first quarter of 2010.
Citi is the second megabank to explicitly preview another disappointing quarter for trading revenue, which typically drives results at the largest financial institutions. "We kind of have the market that we've got. I wish I had a better answer," Gerspach said.
At the beginning of this month, JPMorgan Chase, which runs the biggest investment bank, said in a regulatory filing that it expected its fixed income and equity trading revenue to fall 20% thanks to a "continued challenging environment and low client activity." JPMorgan had $5.4 billion in equities and fixed income revenue in the second quarter of last year, a 20% drop would take that down to $4.3 billion.
But Jamie Dimon, JPMorgan's chairman and CEO, was adamant about discussing the first quarter's earnings from in April during the call, saying that JPMorgan's overall trading business was not going to permanently shrink and that trading is "going to be a good business" that will "grow over time, and it will have some secular adjustments." The bank earned $5.1 billion in fixed income and equity trading, but fixed income revenue fell some 21%.
In February, the head of JPMorgan's investment bank, Daniel Pinto, told analysts and investors, "I just don't see a lot of growth in fixed income this year or next year," and "it's more stability than the pie growing a lot."
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And almost three quarters of young people would bank with a non-bank company if they could.
Sergio Uceda / Via flic.kr
For young people more than anyone else, banking is done without relationships and, ideally, without actual bank branches — more Minority Report than It's A Wonderful Life. According to a survey from Accenture, 39% of 18 to 34 year olds would consider switching to a bankless branch, while 71% of people in the U.S. and Canada view their banking relationship as a transaction, which Accenture defines as "simple transactions like paying bills, checking account statements, etc."
Accenture thinks this depersonalization of many retail banking services provides an opportunity for other types of companies to take that market share away from traditional banks. According to the survey, "nearly half of customers would likely bank with a company they currently do business with but does not currently offer banking services," (like a tech company) which the consulting firm called a "potentially ominous sign." For young people in the U.S. and Canada, the portion was over 72% who would look to bank with a well-known, non-bank company.
Square and PayPal, payment companies with an obvious connection to finance, were listed as the most favored non-traditional bank options, but technology behemoths like Apple, Google, and Amazon did get over 25% support. While Google does do payments and Amazon lends to some merchants, neither have gone into consumer finance in a big way. Apple is persistently rumored to be entering payments, but hasn't made any public moves.
The heavy regulatory burdens are a major barrier for tech companies entering traditional financial services. Even for companies that offer only wealth management and investment advising, getting the proper regulatory approvals can take up to two years. In 2012, no new nationally chartered banks were created. While money has poured into Bitcoin startups, the complex, volatile online cryptocurrency is a tiny fraction of the traditional banking and payments system, and Bitcoin's biggest venture capital investors lament the regulatory burden of financial services companies.
"I sympathize with Jamie Dimon, he runs an over-regulated company," Union Square Ventures partner Fred Wilson said earlier this year, referring to JPMorgan.
Accenture / Via accenture.com
But the largest and most traditional banks continue to see their retail business transformed by technology and evolving consumer preferences. Banks have largely stopped building branches and are investing more in going to where their customers are: the internet.
In another recent survey, Bankrate found that more than 30% of Americans and 38% of young people hadn't visited a bank in the last six months. Chase, which has 5,600 branches and the second largest banking branch network, has stopped building out branches, and has seen a 28% increase in online log-ins and 3% and 4% decreases in customer service calls and teller interactions since 2010.
BBVA, the large Spanish bank, agreed to buy Simple, a startup that promised no-fee, basic banking was earlier this year.
But still, even the biggest banks are on the look out for tech companies nipping at their heels. "Look, you'd be an idiot not to think that the Googles and Apples... When I go to Silicon Valley...they all want to eat our lunch, I mean, every single one of them," JPMorgan Chase's chief executive officer said at a presentation in February.
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The Association of Private Sector Colleges and Universities submitted public comments today to the Department of Education calling gainful employment regulations “bad public policy.”
With thousands of programs under threat and millions of dollars in revenue at stake, a for-profit college lobbying association made it clear today that it has no plans to submit quietly to Department of Education regulation. In strongly worded comments submitted today to the Department, the Association of Private Sector Colleges and Universities (APSCU) hit back against the government's proposed regulations of the sector as "flawed, arbitrary and biased." APSCU represents more than 1,400 for-profit colleges nationwide, including major companies like DeVry, EDMC and Kaplan.
Today marks the deadline for the public to comment on the so-called "gainful employment" regulations, proposed by the federal government in March, which target for-profit college degree programs that graduate students with high levels of debt and low earnings prospects.
Under the regulations, students enrolled in programs that fail one of a pair of metrics—the ratio of debt to earnings and the loan default rate—would lose their access to federal loan funding, essentially forcing the programs to close down. Most for-profit colleges receive as much as 90 percent of their revenue from federal money.
Early estimates showed that between 20 and 40 percent of all students enrolled at for-profit colleges would be affected by the regulations. Many of them are enrolled in two-year associates degree programs such as nursing and business administration, and in certificate programs in areas like culinary arts and interior design, which offer low earnings prospects but can still sink students into tens of thousands of dollars of debt. For-profit college programs are more expensive than similar programs at community colleges.
APSCU's comments today hit a series of now-familiar points for the for-profit sector, including allegations that the regulations are unfair because they do not apply to public and private nonprofit colleges, which also graduate students with high levels of unmanageable debt. Currently, the rules apply only to for-profit colleges and vocational non-degree programs at community colleges.
APSCU also echoed an industry refrain that the regulations unfairly target poor and minority students, millions of whom, the group says, will be left stranded without access to postsecondary education if the programs they attend are eliminated.
Proponents of the regulation say that it is designed to protect those especially vulnerable students, and that targeting for-profit colleges makes sense because their students default on loans at extremely disproportionate rates. While just 14 percent of college students attend for-profit colleges, they make up almost half of all defaults, the Obama administration said. For-profit colleges have also been targeted recently by state attorneys general for predatory and misleading enrollment tactics.
APSCU also commissioned a Northwestern professor to write a 103-page report, released today, on the regulations. At the report's center is the allegation that the metrics imposed by the Department of Education are arbitrary and do not accurately measure programs' success.
If that charge sounds familiar, it's because APSCU made the same one in a 2012 lawsuit against the first round of gainful employment regulations. Much of the original regulation was thrown out as a result of that suit; the March 2014 rules are the government's second attempt at regulating the industry.
After the public comment period closes today, the proposed regulations will return to the department to be finalized.
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