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Detroit bankruptcy trial resumes after settlement

Written By Unknown on Senin, 15 September 2014 | 23.16

DETROIT — A judge refused to extend a timeout Monday in Detroit's bankruptcy trial after a deal with a major creditor removed another opponent from the city's plan to exit the largest Chapter 9 case in U.S. history.

A bond insurer, Financial Guaranty Insurance, said it needs more time to craft trial strategy after another insurer ironed out a settlement with Detroit. But Judge Steven Rhodes said Financial Guaranty should have been prepared to lose an ally, and he resumed the trial with testimony from a pension actuary.

The trial was suspended last Wednesday so Detroit and Syncora could reach an agreement. Syncora is getting cash and long-term leases on a parking garage and the tunnel between Detroit and Canada, among other concessions.

The settlement will help "return the city to its citizens," said Detroit attorney David Heiman, adding that Syncora and the city "have laid down their swords."

Syncora and Financial Guaranty have been the most aggressive opponents in Detroit's bankruptcy, especially because the city is refusing to sell art to pay debts.

The judge is hearing evidence to decide whether the overall bankruptcy exit plan is fair to creditors and feasible in the years ahead. Thousands of retirees would see a 4.5 percent cut in their pension.

Separately, Syncora lawyers from the Kirkland & Ellis firm in Chicago apologized to two mediators who brokered a deal that prevents the sale of art and improves the city's pension funds.

Syncora had accused Gerald Rosen, a federal judge, and Eugene Driker, a local lawyer, of "naked favoritism." They were accused of stiffing other creditors in order to help retirees and the Detroit Institute of Arts.

Syncora lawyers in a summer court filing had also taken a jab at Driker's wife, Elaine, who is a former museum trustee. Rhodes called the filing "scandalous and defamatory."

"We are deeply sorry for the mistake we made and for any unfounded aspersions it may have cast on Chief Judge Rosen and the Drikers," Syncora attorney James Sprayregen said in a filing Monday.

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Follow Ed White at http://twitter.com/edwhiteap


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Stocks mixed ahead of this week's Fed meeting

NEW YORK — U.S. stocks were mixed Monday morning ahead of this week's potential pivotal Federal Reserve meeting. The Fed is nearing the end of its bond-buying stimulus program, and investors will be looking for indications of when policy makers will start raising interest rates.

In Europe, investors looked ahead to Scotland's independence referendum.

KEEPING SCORE: The Standard & Poor's 500 index fell three points, or 0.2 percent, to 1,982 as of 10:57 a.m. Eastern time. The Dow Jones industrial average rose three points, or less than 0.1 percent, to 16,993. The Nasdaq composite fell nine points, or 0.8 percent, to 4,526.

FED MEETING: The main market event this week is likely to be the Fed's two-day policy meeting, which starts on Tuesday. Investors will be watching for any change in their guidance about the future direction for interest rates. Analysts have warned over the past week that the Fed might raise interest rates sooner than expected as the economy improves.

M&A ON TAP: Molson Coors rose $4.75, or 6.6 percent, to $73.87. The brewer's stock jumped on merger news in the beer brewing industry. Family-controlled brewer Heineken said late Sunday that it has rejected a takeover bid by rival SABMiller, the world's second-largest brewer. Reports said that SABMiller had sought to buy Heineken as a defense against an acquisition bid from Anheuser-Busch InBev, the industry leader.

THE ECONOMY: Investors got some mixed news on the economy on Monday. U.S. manufacturing output declined in August for the first time in seven months, reflecting a sharp fall in production at auto plants. Output at manufacturing plants fell 0.4 percent in August after a 0.7 percent rise in July, the Federal Reserve reported Monday. The Empire State Index, a gauge of manufacturing in New York State, jumped to 27.5 in August from 14.7 in July.

THE QUOTE: Investors shouldn't focus too much about the upcoming Fed meeting, because policy makers will keep rates low until they are convinced that the economic recovery is entrenched, said Jackie Perrins, a global investment specialist at JPMorgan Private Bank.

"There may be some short-term reaction, but in the medium and long-term, it's really about earning and the economy, which we believe are on track," said Perrins.

SCOTLAND'S CHOICE: Another big event this week is Thursday's independence referendum in Scotland. With opinion polls showing the vote too close to call, there's potential for some sizeable move in U.K. markets. The pound has been extremely volatile in the last couple of weeks as the opinion polls have narrowed. On Monday the pound was 0.2 percent lower at $1.6248.

EUROPEAN STOCKS: In Europe, Germany's DAX was up 0.1 percent at 9,663, while France's CAC-40 declined 0.3 percent to 4,430. Britain's FTSE 100 shed 0.1 percent to 6,801.

CURRENCIES: The dollar gained against the euro, but fell back against the Japanese yen. Against Europe's common currency, the dollar gained 0.2 percent to $1.29 per euro. It fell 0.2 percent to 107.2 against the yen.

BONDS: In government bond trading, prices rose. The yield on the 10-year Treasury note, which falls when prices rise, dropped to 2.59 percent from 2.61 percent on Friday.

ENERGY: A report that showed Chinese industrial production slowed dramatically in August weighed on oil markets. Benchmark U.S. oil was little changed at $92.43 per barrel. Brent crude, used to price international oils, declined 54 cents to $96.59 a barrel.


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GM expert says 19 deaths eligible for compensation

DETROIT — General Motors' compensation expert in cases involving faulty ignition switches has determined that 19 wrongful death claims are eligible for payments from the company.

Attorney Kenneth Feinberg has received 125 death claims due to the faulty switches in older-model small cars such as the Chevrolet Cobalt. He says in a report issued Monday that the rest remain under review or require further documentation.

GM hired Feinberg to compensate victims of crashes caused by the switches. GM has blamed the switches for at least 13 deaths, but lawmakers have put the death toll closer to 100.

Feinberg also has received 320 claims for compensation due to injuries. Of those, 12 have been deemed eligible for payments so far.

The switches can slip out of the run position, causing engines to stall.


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Roman Catholic bishops support casino law repeal

BOSTON — Roman Catholic leaders in Massachusetts are urging residents to vote in favor of November's ballot question to repeal the state's casino law.

Boston Cardinal Sean O'Malley, Worcester Bishop Robert McManus, Springfield Bishop Mitchell Rozanski and Rev. George Coleman, the Apostolic Administrator of Fall River, say the gambling industry threatens local businesses, "weakens the moral fabric of society" and "fundamentally alters communities."

The bishops say the Massachusetts' economy has improved markedly since the casino law passed in 2011. They note that other Northeast states have seen casino gambling revenues decline and that five casinos in Atlantic City, New Jersey could close by the end of the year.

The bishops are also concerned the facilities will depend largely on gambling addicts, many of whom are already among the poorest in the community.


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US wealth gap putting the squeeze on state revenue

WASHINGTON — Income inequality is taking a toll on state governments.

The widening gap between the wealthiest Americans and everyone else has been matched by a slowdown in state tax revenue, according to a report being released Monday by Standard & Poor's.

Even as income for the affluent has accelerated, it's barely kept pace with inflation for most other people. That trend can mean a double-whammy for states: The wealthy often manage to shield much of their income from taxes. And they tend to spend a lower percentage of it than others do, thereby limiting sales tax revenue.

As the growth of tax revenue has slowed, states have faced tensions over whether to raise taxes or cut spending to balance their budgets as required by law.

"Rising income inequality is not just a social issue," said Gabriel Petek, the S&P credit analyst who wrote the report. "It presents a very significant set of challenges for the policymakers."

Stagnant pay for most people has compounded the pressure on states to preserve funding for education, highways and social programs such as Medicaid. Their investments in education and infrastructure have also fueled economic growth. Yet they're at risk without a strong flow of tax revenue.

The prospect of having to raise taxes to balance a state budget is a politically delicate one. The allure of low taxes has been used by states to spur job creation, by attracting factories, businesses and corporate headquarters.

"If you've got political pressure to spend more money and pressure against raising taxes, then you're in a pickle," said David Brunori, a public policy professor at George Washington University."

Income inequality isn't the only factor slowing state tax revenue. Online retailers account for a rising chunk of consumer spending. Yet they often manage to avoid sales taxes. Consumers are spending more on untaxed services, too.

S&P's analysis builds on a previous report this year in which it said the widening gap between the wealthiest Americans and everyone else has slowed the U.S. economy's recovery from the Great Recession. Because consumer spending fuels about 70 percent of the economy, weak pay growth typically slows economic growth.

Some states are scrambling for new revenue sources. Pennsylvania has raised fees for vanity license plates and other auto expenses. Colorado and Washington legalized recreational marijuana, in part on the promise that the proceeds would be taxed.

Adjusted for inflation, government data show that median household income rose by a few thousand dollars since 1979 to $51,017 in 2012 and remains below its level before the recession began in late 2007. By contrast, the top 1 percent has thrived. Their incomes averaged $1.26 million in 2012, up from $466,302 in 1979, according IRS data.

The combination of an increasingly global economy, greater productivity from technology and outsize investment returns has shifted a rising share of money to the wealthy. Of all the dollars earned in 2012, more than 22 percent went to the top 1 percent. That share has more than doubled since 1979.

Before income inequality began to rise consistently, state tax revenue grew an average of 9.97 percent a year from 1950 to 1979. That average steadily fell with each subsequent decade, dipping to 3.62 percent between 2000 and 2009.

State tax revenue growth has risen slightly since then as the economy has recovered and some states — California, Connecticut, New Jersey and New York, for example — have adopted higher top marginal income tax rates, according to S&P. In 2012, California voters backed a ballot measure to raise taxes.

That measure boosted California's sales tax to 7.5 percent for four years and income taxes rates to between 10.3 and 12.3 percent for seven years on income over $250,000. Plus, there's an additional 1 percent tax on millionaires.

More than half the income tax the state collected in 2012 came from the top 1 percent, compared with 33 percent in 1993. And in 2013, state tax revenue in California surged 15.6 percent.

The debate about taxes and inequality has spilled into the race for governor, with the Democratic incumbent, Jerry Brown, saying a failure to broadly increase wages has stunted growth.

"If the consumers are up to their eyeballs in debt, aren't making a decent salary, how the heck are they going to buy anything?" Brown told the California School Employees Association. "And if they don't buy anything, the economy doesn't go forward and doesn't work."

Republican challenger Neal Kashkari, a former U.S. Treasury official and Goldman Sachs investment banker, has said that school reform is the ultimate key for closing the wealth gap.

"The root cause of income inequality is a failure of our education system," Kashkari said.

Seven other states have also raised top marginal rates since 2009. This marks a reversal of the trend from 1985 to 2009, when average top marginal tax rates across all states fell slightly.

The most affluent Americans typically receive most of their income from profits in stocks and other investments, rather than wages. This means that swings in financial markets can cause state revenue to gyrate from year to year.

Some states — including Arizona, Florida, Nevada, Texas and Washington — rely primarily on sales taxes for funding. They're more dependent on consumer spending and don't benefit much from the gains that have flowed mainly to the wealthiest Americans.

Republican lawmakers in Georgia are pushing to replace that state's income tax with an expanded sales tax. State Sen. Judson Hill disputes the view, held by many economists, that the wealth gap dampens economic growth. The Republican lawmaker argued that some "of these individuals at higher incomes will hire more people and create new companies, which will provide opportunity for everybody at every income level."

Across all states, sales taxes account for 30.1 percent of all state revenue, according to the National Conference of State Legislatures. Personal income taxes make up 36.6 percent. The rest comes from other sources, such as taxes on fuel, alcohol and cigarettes.

As consumers have spent more online and on untaxed services, many states have tried to tax items like Netflix subscriptions and iTunes downloads. Washington state now taxes services at dating centers, tanning salons and Turkish baths.

Kim Rueben, a senior fellow at the Urban Institute, said the rise of untaxed purchases might have squeezed state revenue even if income inequality hadn't widened.

"Sales taxes are being eroded by the fact that we're moving to a services economy, and people are buying far more on the Internet," she said.

Research by Lucy Dadayan, a senior policy analyst at the Nelson A. Rockefeller Institute of Government, notes that income tax collections have become more volatile from year to year, making it harder for states to plan budgets, provide services and launch programs. She endorses an overhaul of state tax codes to produce a more balanced revenue flow.

But S&P says its findings suggest that the wealth gap derives from many factors and that state tax-code revisions don't fully address the consequences.

"Changes to state fiscal policy alone won't likely fix what's wrong," S&P concludes.


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Microsoft to acquire 'Minecraft' maker for $2.5 billion

Microsoft said it reached an agreement to acquire Mojang AB, the Swedish game developer behind the blockbuster "Minecraft" franchise, in a deal worth $2.5 billion.

Microsoft said its investments in cloud and mobile technologies will let "Minecraft" players benefit from "richer and faster worlds," as well as more powerful development tools. The tech giant said it plans to continue to make "Minecraft" available across all the platforms on which it is available today: PC, iOS, Android, Microsoft Xbox and Sony PlayStation.

Word of Microsoft's deal for Mojang surfaced last week, with initial reports pegging the deal at around $2 billion.

"'Minecraft' is more than a great game franchise -- it is an open world platform, driven by a vibrant community we care deeply about, and rich with new opportunities for that community and for Microsoft," Microsoft chief executive officer Satya Nadella said in a statement.

The Mojang team, which numbers about 40 employees, will join Microsoft Studios, which includes the studios behind gaming franchises including "Halo," "Forza" and "Fable." The founders of "Minecraft" are moving on to start new projects, but "we believe the high level of creativity from the community will continue the game's success far into the future," Mojang CEO Carl Manneh said in a statement. "The acquisition by Microsoft brings a new chapter to the incredible story of 'Minecraft.'"

"Minecraft," one of the most popular videogames in history, has been downloaded more than 100 million times for PCs alone since launching in 2009. In addition, "Minecraft" is the most popular online game on Xbox -- with more than 2 billion hours played on Xbox 360 in the past two years -- according to Microsoft. It also frequently has been the top paid app for iOS and Android in the U.S. Over the last 12 months, nearly 90% of paying "Minecraft" PC customers have signed in to play the game.

Microsoft said it expects the acquisition to be break-even in fiscal 2015. Pending usual closing conditions and any regulatory review, deal is expected to close in late 2014.

© 2014 Variety Media, LLC, a subsidiary of Penske Business Media; Distributed by Tribune Content Agency, LLC

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Microsoft to buy 'Minecraft' maker for $2.5B

NEW YORK — Microsoft will acquire the maker of the long-running hit game Minecraft for $2.5 billion as the company continues to invest in its Xbox gaming platform and looks to grab attention on mobile phones.

The technology company said it will buy Stockholm-based game maker Mojang in a deal expected to close in late 2014.

Minecraft, which lets users build in and explore a Lego-like virtual multiplayer world, has been downloaded 100 million times on PC alone since its launch in 2009. It is the most popular online game on Xbox, and the top paid app for Apple's iOS and Google's Android operating system in the U.S.

Microsoft said it will to continue to make "Minecraft" available across all the platforms on which it is available today: PC, iOS, Android, Xbox and PlayStation.

"Minecraft is more than a great game franchise it is an open world platform, driven by a vibrant community we care deeply about, and rich with new opportunities for that community and for Microsoft," said Microsoft CEO Satya Nadella.

Microsoft expects the acquisition to be break-even in fiscal 2015.

In a blog post, Mojang said its founders, Markus Persson, known as "Notch"; Carl Manneh; and Jakob Porsér are leaving the company.

Microsoft is primarily known for the Windows operating system and business software like its Microsoft Office suite. But this acquisition will help Microsoft expand its gaming division, which also includes game franchises such as the "Halo" shooter game and "Forza" racing game.

Microsoft bought Nokia's phone business for $7.3 billion in April and is also seeking to boost Microsoft's Windows Phone system, which has gained little traction against Apple's iPhones and Google's Android system. Microsoft CEO Satya Nadella has made mobile phones and Internet services priorities for the company as its traditional businesses — Windows and Office software installed on desktops — slow down or decline.

"We believe the acquisition of the ubiquitous Minecraft game (almost 54 million copies sold) strategically makes sense as Microsoft looks for ways to drive users toward its nascent mobile hardware business, where it can leverage and cross-sell a wide range of its higher-margin software (e.g., Office 365, Windows)," FBR Capital Markets analyst Daniel Ives said in a client note.

Shares fell 26 cents to $46.44 in morning trading.


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Olive Garden defends breadstick policy

NEW YORK — Olive Garden is defending its practice of giving customers as many breadsticks as they want, saying the policy conveys "Italian generosity."

The remark is part of a response by the chain's parent company, Darden Restaurants Inc., to a nearly 300-page criticism released by hedge fund Starboard Value last week. Starboard took Olive Garden and its management to task for a litany of issues, including its liberal distribution of breadsticks, its failure to salt the water used to boil its pasta and even the length of the asparagus it serves.

Darden's 24-page response doesn't specifically address each of Starboard's criticisms, but states that the company is already implementing a variety of strategies to improve Olive Garden's performance. The company says it has introduced new menu items to underscore value, for instance, and is testing ordering technologies using table-top tablets.

Starboard is lobbying to gain control of Darden's board of directors at the company's annual meeting Oct. 10. Darden, which is based in Orlando, Florida, has struggled to boost sales at Olive Garden with the growing popularity of chains such as Chipotle, where people feel they can get food similar in quality to a sit-down restaurant for less money. Under pressure to boost results, Darden recently sold off Red Lobster, which was doing even worse than Olive Garden. But Starboard and others took issue with the sale and wanted the company's breakup structured differently.

As for its breadsticks, Starboard said last week that Olive Garden was being wasteful because servers weren't sticking to the policy of providing one breadstick per customer, plus an extra for the table. The investor said servers lacked "training and discipline" and were bringing out too many breadsticks at a time, which also led to cold breadsticks. Starboard noted that it wasn't calling for Olive Garden to stop giving away unlimited breadsticks, but simply exercise more control in how they're distributed.

Starboard also said servers were overfilling salad bowls and using too much dressing, which it said drives up costs.

In its response Monday, Darden said that "Olive Garden's salad and breadsticks have been an icon of brand equity since 1982." The company didn't say whether it would change the way salad and breadsticks are brought out, however.

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Follow Candice Choi at www.twitter.com/candicechoi


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Media and entertainment sector profitability forecast to rise again in 2014

Big media and entertainment companies worldwide are expected to average 28% profit margins this year, up from 26% last year, according to a forecast from consulting firm EY. That's better than major stock-market indices, and the highest level since it began tracking sector-wide profitability in 2006.

Of the 10 media and entertainment sectors EY tracks, cable TV leads the pack. Cable operators are projected to achieve 41% margins in 2014, followed by cable networks at 37%. The others are: interactive media, 36%; electronic games, 29%; media conglomerates, 26%; satellite TV, 26%; publishing and information services, 21%; television broadcast, 19%; film and TV production, 12%; and music, 11%.

By comparison the firm expects companies in the S&P 500 Index to have 27% margins on average this year, with other cross-industry indices around globe lower, per EY. The report analyzes earnings before interest, tax, depreciation and amortization (EBITDA) to gauge relative profitability, and found that on average M&E EBITDA profits have risen each year since 2010.

"The hidden secret is, media and entertainment companies are performing very efficiently," said John Nendick, EY's global head of media and entertainment.

However, not everything is coming up roses for all M&E players. Jobs in the motion picture and sound industries have declined 19% over the last two years, according figures from the U.S. Bureau of Labor Statistics through August 2014.

Over all, though, media and entertainment companies remain healthy, according to EY. Key factors boosting M&E sector profitability in 2014 are chiefly expansion of digital distribution and growth in international markets, Nendick said, along with higher advertising spending and acquisitions and divestitures.

"We are seeing that digital is very much driving profits now, instead of disrupting it," Nendick said. And while U.S. M&E markets are generally mature, "internationally there is still substantial growth."

The report examined 106 companies worldwide that reported at least $1 billion in revenue for 2013, including Disney, Time Warner, Comcast, CBS, Viacom, 21st Century Fox, Sony Pictures Entertainment, Lionsgate, Google, Netflix and Facebook.

© 2014 Variety Media, LLC, a subsidiary of Penske Business Media; Distributed by Tribune Content Agency, LLC

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ZF buying TRW Automotive for about $11.74B

LIVONIA, Mich. — German automotive transmission maker ZF Friedrichshafen AG is buying Michigan-based TRW Automotive for $11.74 billion, a move that creates the world's second-largest auto supplier.

The deal, with a total value of about $13.5 billion including the assumption of TRW's debt, gives ZF access to TRW's portfolio of advanced driver assistance and safety products, including air bags and radar-activated cruise control that automatically stops cars if something is in their path. Government regulations and consumer buying preferences are moving toward cars that take on more driving tasks such as automatic emergency braking.

"It does help ZF start to transform their business and expand their business to what industry is frankly moving toward," said Mike Wall, an analyst with IHS Automotive. "We're going to see the mainstream adoption of more and more of this technology in everyday vehicles."

ZF will pay $105.60 per TRW share, a 2 percent premium to its Friday closing price of $103.85 and a 16 percent premium to its closing price on July 9, before ZF confirmed it was working on the deal.

TRW Automotive Holdings Corp., based in Livonia, Michigan, will be a separate division within ZF, which is based in Friedrichshafen, Germany. ZF said in a statement that the Detroit area would remain a "major business center" for the merged company.

The deal will create an automotive supplier business with combined sales of approximately $41 billion and 138,000 employees. That would be second only to German supplier Robert Bosch GmbH, according to rankings compiled by the industry publication Automotive News. Bosch had sales of $59 billion in 2013 and has 281,381 employees worldwide.

Earlier Monday, ZF announced plans to sell its share of a steering system joint venture to Bosch. The decade-old venture between Bosch and ZF had sales of $5 billion in 2013. Terms of the sale weren't disclosed.

Last week, TRW Automotive announced the sale of its engine valve business to Federal-Mogul Holdings Corp. for $385 million, apparently clearing the way for the ZF deal. Both actions will likely ease European and U.S. regulatory approval of the ZF and TRW merger.

Both companies' boards approved the transaction, which will be financed with available cash and debt financing. There's no financing condition.

The deal is targeted to close in the first half of 2015. It still needs approval from TRW shareholders.

TRW's stock declined 84 cents, or just under 1 percent, to $103.01 in midday trading Monday.


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