Saturday, November 10, 2012

A Sirius Decline: Warranted or Outside Market Conditions?

You would be hard-pressed to find any company that has done well over the last week or so. The stock market has entered a state of fear, the likes of which we have not seen in a few years. But, there are still many strong companies out there that will come out of this having presented investors with juicy buying opportunities. One of those companies may be Sirius (SIRI) and the next few days will be monumental in determining if its recent 19% drop is to be attributed to faults within the company or the miserable market conditions that we are currently dealing with.

Going into Tuesday’s earnings, Sirius had been performing very sporadically. In May it broke through an upper trendline, representing an extremely bullish signal for short- term investors. More importantly it broke through the $2.00 threshold, which was a big mental hurdle. This run however, was very short-lived and June was not a great month for shareholders. The price fell from $2.40 to back below the mystical $2.00 mark.

As depicted below, the stock then ran into a technical support level and bounced up to the $2.30s before the debt ceiling mayhem began (well it had obviously started before this, but before it hit the mainstream media). This was then coupled with some earnings nervousness and we’ve experienced a dip back below $2.00. Technically speaking, this is a big deal because it has fallen below the support trend for the first time in a long time and if it does not recover it may be stuck down there for a while. If this were to happen the next big mark would be the 200 day simple moving average, marked here at $1.80. It should be noted that the 50 and 100 day simple moving averages have already been breached.

(Click chart to enlarge)

If on the other hand you feel that this drop is unwarranted and simply a product of the debt ceiling, then a buying opportunity may have been created. The earnings on Tuesday beat the EPS but missed big on revenue. Regardless of the financials, the company still offers a premium product that consumers seem willing to pay for.

As a simple case study: two members of my family have recently purchased vehicles. I had never had Sirius/XM before and had been solely reliant on my iPod. Now, I would never get rid of it. I’ve mentioned that I am not a huge fan of the musical offerings on Sirius, but the talk radio and sports broadcasting are more than enough to make the subscription worth it. A different family member went from having Sirius to a vehicle with a non-compatible dashboard. She decided that she would try terrestrial radio for a month and after a few weeks of disgust opted for a Sirius unit.

I would not go so far as to say that Sirius has a monopoly, because there are no huge barriers to entry, and it would certainly be difficult for a company to come out of the woodwork and challenge it. There is no money in terrestrial radio so the finished product is essentially garbage. Pandora (P) has not made its way into autos yet, and even if it did I would not take it over Sirius. And lastly, a Sirius subscription is not that expensive. Look at the cost of gas or your monthly cell phone bill and you’ll realize how cheap it actually is. If consumers are going to start cutting back, (which is not the American way), they will likely look to other spending areas.

It is for these reasons that I have held onto my Sirius shares through the last few months. Sure, there have been plenty of short-term trading opportunities, but I have neither the time nor risk propensity. For those who have, I applaud you and I hope you start picking up more shares over the next few days.

Disclosure: I am long SIRI.

Lowe’s is On the Comeback Trail, Says Morgan Stanley

Lowe’s (LOW) may not be a Buy just yet, but the home improvement company has less downside risk and improving fundamentals, Morgan Stanley analyst David Gober wrote in a note upgrading the shares to Equal Weight from Underweight.

Gober now expects higher revenue growth and operating margin expansion, which could propel results when combined with the company’s relatively aggressive buyback program.

“While we believe that a lull in recent optimism over housing could drive shares lower, increased conviction in a modest recovery in LOW�s revenue trends and early success in reshaping the balance sheet make us more constructive,” Gober wrote.

That said, the company’s price to earnings multiple still don’t make it a bargain.

“LOW�s P/E multiple has expanded roughly 3x to about 16x 2012 P/E over the past few months. This is a 5% premium to its 5-year historic relative multiple and thus we see further near-term multiple expansion as unlikely. We would look for a pullback in valuation or greater conviction in housing and home improvement trends.”

Buy American pays off as euro crisis flares

Earlier in the year, when markets overseas and at home were hopping, technology and consumer staples stocks topped the new high list every day. Yet now that overseas markets are in turmoil, the new highs are going primarily to utilities, telecoms and real estate trusts. Why?

You might imagine that the difference is between high-beta and low-beta, or between high-growth and value. But the reality is quite different, according to a neat study this month by Bespoke Investment Group analysts.

It turns out that the primary factor distinguishing May and June winners from early year winners is the percentage of business generated overseas. The more international a company's business, the more investors are punishing it. So much for globalism, right?

Bespoke looked at international revenue exposure by sectors in Russell 1000 companies. Four sectors have above average (69.3%) domestic revenue exposure, led by telecom services and utilities, where domestic revenues make up 95%+ of the average company's revenue. The two other sectors with above average domestic revenue exposure are financials (84.7%) and consumer discretionary (75.8%).

On the other side of the spectrum, technology has the lowest percentage of domestic revenues as a percent of total (45.4%), according to the Bespoke analysis, and it is the only sector where the average company generates less than half of its revenue in the United States. Other sectors with below average domestic revenue exposure are materials (53.8%), consumer staples (63.4%), and industrials (63.9%).

Finally, health care (66.8%) and energy (69.2%) both technically have below average domestic revenue exposure, but they are both within 300 basis points of the average.

While U.S. stocks are often grouped as a single asset class, the analysts observe, within the S&P 500 there are big differences between companies over just how "American" they are. And this year the differences are a key factor driving stock price differentials.

For instance, Coca-Cola KO , McDonald'sMCD , and HeinzHNZ are often thought of as being the ultimate American companies. Yet all three generate less than half of their revenues in the United States.

Taking these differences in revenue exposure into account, Bespoke created two baskets of S&P 500 companies based on their revenue exposure and calculated their performance over the last 12 months. The first basket contained the 121 companies in the S&P 500 that generate 100% of their revenues in the U.S. (domestics), while the other basket contains the 122 companies in the benchmark index that generate less than half of their revenues in the U.S. (internationals).

It turned out that the basket of domestics was up 1.4% over the last year, while the internationals� basket (blue line) has dropped 8.5%. Furthermore, the basket of internationals really began to underperform in early April just as issues in Europe came to a head and the Euro began to collapse, the analysts note.

It makes sense now to favor domestic-based companies over companies with greater international exposure. However, the spread between the two baskets has widened to such an extremes that, in the short term, there may be a mean-regression move in which stocks with international exposure temporarily outperform.

So what might work among very, very domestic companies that are under the radar? How about looking at some of the closed end investment firms that focus on generating lofty income by investing in small to medium-sized U.S. companies through the extension of secured loans, mezzanine loans, and equity.

Consider Solar Capital Ltd. SLRC , which despite its name has nothing to do with solar energy.

/quotes/zigman/116711/quotes/nls/slrc SLRC 21.50, -0.13, -0.60%

It is essentially a publicly traded private equity firm. Michael Gross has served as chief executive and chairman since 2007 and has over 20 years of experience in private equity and mezzanine lending.

He formerly was founder and president of Apollo Investment Co.AINV , in addition to co-founding Apollo ManagementAPO � in 1990.

Solar Capital is treated as a business development company, or BDC, and is formatted as a regulated investment company. That means, for tax purposes, the firm is required to payout at least 90% of its taxable income in the form of dividends, just like a real estate trust. That's great for investors, as the current dividend yield is a whopping 11%. Additionally, the structure provides for several risk safeguards including a 1:1 max debt-to-equity leverage ratio, and a limit of no more than 25% of total assets in any one issuer.

The firm's portfolio consists of $20 million to $100 million investments in a wide variety of industries including aerospace, health care, beverage, food, finance, automotive and several others. Very diverse. Because most of the investments are private, one of the biggest concerns for BDCs can often be the difficulty in getting a true valuation of their portfolios.

Well, researchers at Citigroup point out that Solar Capital overcomes this obstacle by utilizing independent third-party valuation firms to conduct quarterly appraisals and review the company's own preliminary valuations. The board of directors then determines a fair value for each investment based on the input from the investment advisor and the valuation firms. The company also constantly monitors its portfolio of investments and ranks the holdings by credit quality as it looks to control risks and mitigate any losses.

Solar Capital grew total revenues by 11% last year while net investment income grew 19% from a year ago on just over $1 billion in total assets. Just over 7% of the investments are equity, with the remaining 93% consisting of senior secured loans and subordinated debt.

The company's shares are up about 18% since going public in February 2010, and flat thus far this year. There's certainly plenty of room for share appreciation, but the hefty dividend is the star of this show; in total return it's up 6.5% this year. The ability to participate in the private equity markets by buying shares of a business development company like Solar Capital is an attractive opportunity for income-seeking investors who want to stay strictly domestic.

Jon Markman owns a long position in Solar Capital.

Foreclosures fall to lowest level since 2007

NEW YORK (CNNMoney) -- Foreclosure filings and repossessions fell to their lowest level since 2007 last year.

Total filings, including default notices and bank repossessions were down 33% for the year to 2.7 million, according to RealtyTrac, the online marketer of foreclosed properties.

One in every 69 homes had at least one foreclosure filing during the year, while 804,000 homes were repossessed. That's a significant improvement from the peaks reached in 2010 -- when 1.05 million homes were repossessed -- and the lowest levels seen since 2007.

More than 4 million homes have been lost to foreclosure over the past five years.

While the declines seem like good news for the housing market, where a flood of foreclosed homes has depressed home prices, much of it is due to processing delays caused by fall-out from the "robo-signing" scandal that broke in late 2010.

During the year, banks spent more time making sure paperwork was legal and proper, creating a backlog in the foreclosure pipeline. As a result, the average time it took to process a foreclosure climbed to 348 days during the fourth quarter, up from 305 days a year earlier.

"Foreclosures were in full delay mode in 2011, resulting in a dramatic drop in foreclosure activity for the year," said Brandon Moore, chief executive officer of RealtyTrac.

However, Moore said there were "strong signs" during the second half of the year that lenders are working through foreclosure backlogs in certain markets. He expects foreclosure activity to rise above 2011's level but remain below the peak hit in 2010.

Low rates offer some help for homeowners

Early in 2011, many forecasters were predicting a wave of foreclosures due to resetting adjustable-rate mortgages, but low mortgage rates helped many borrowers refinance into more affordable loans, said Moore.

The government helped as well, through efforts like the Home Affordable Refinance Program (HARP), which made refinancing easier for borrowers who owe more on their mortgage than their homes are worth.

Turning foreclosures into rentals

Government foreclosure prevention programs, including HARP and the Home Affordable Modification Program (HAMP), have started about 5.5 million mortgage modifications since April 2009, according to the U.S. Department of Housing and Urban Development.

"Programs like HAMP and HARP have definitely made a dent in the foreclosure problem," said Moore "However, they are certainly not living up to their billing of preventing several million foreclosures. In addition, many [HAMP] homeowners fall back into foreclosure later on."

Of course, there were still plenty of factors working against homeowners in 2011, including the continued erosion in home prices. Falling prices rob homeowners of home equity, which they can tap if they need emergency cash.

Foreclosure hot spots

Hot spots for foreclosures remain mostly in "bubble states," where speculative investors helped drive up home prices beyond their fundamental values during the mid-2000s housing boom.

Nevada, where one out of every 16 households received some kind of default notice during the year, was the worst hit of all, a distinction it has held for the fifth consecutive year.

Foreclosure free ride: 3 years, no payments

Arizona had the second highest foreclosure rate and California came in third. Florida, which had been running neck-and-neck with the other "Sand States" in past years, fell to seventh, behind Georgia, Utah and Michigan.

Among metro areas, Las Vegas suffered from the highest foreclosure rate in 2011. California put seven cities in the top 10, led by Stockton in the second slot. Other cities in the top 10 included Phoenix, which finished sixth, and Reno, Nev. was eighth. 

Philip Morris Reiterates Outlook

Phillip Morris (PM) CEO Louis Camilleri this morning told investors at a Morgan Stanley (MS) global retail conference that the company will make the upper end of its forecast for $3.20 to $3.25 per share in profit, offered last month. (A text of prepared remarks is available here.) In addition, he said the firm has found $750 million to $1 billion of additional cash flow it can generate in the next three years through improvements in its working capital. PM stock is down 22 cents, or .4%, at $50.31.

Will Martin Marietta Materials Disappoint Analysts Next Quarter?

There's no foolproof way to know the future for Martin Marietta Materials (NYSE: MLM  ) or any other company. However, certain clues may help you see potential stumbles before they happen -- and before your stock craters as a result.

A cloudy crystal ball
In this series, we use accounts receivable and days sales outstanding to judge a company's current health and future prospects. It's an important step in separating the pretenders from the market's best stocks. Alone, AR -- the amount of money owed the company -- and DSO -- the number of days' worth of sales owed to the company -- don't tell you much. However, by considering the trends in AR and DSO, you can sometimes get a window onto the future.

Sometimes, problems with AR or DSO simply indicate a change in the business (like an acquisition), or lax collections. However, AR that grows more quickly than revenue, or ballooning DSO, can also suggest a desperate company that's trying to boost sales by giving its customers overly generous payment terms. Alternately, it can indicate that the company sprinted to book a load of sales at the end of the quarter, like used-car dealers on the 29th of the month. (Sometimes, companies do both.)

Why might an upstanding firm like Martin Marietta Materials do this? For the same reason any other company might: to make the numbers. Investors don't like revenue shortfalls, and employees don't like reporting them to their superiors.

Is Martin Marietta Materials sending any potential warning signs? Take a look at the chart below, which plots revenue growth against AR growth, and DSO:

Source: S&P Capital IQ. Data is current as of last fully reported fiscal quarter. FQ = fiscal quarter.

The standard way to calculate DSO uses average accounts receivable. I prefer to look at end-of-quarter receivables, but I've plotted both above.

Watching the trends
When that red line (AR growth) crosses above the green line (revenue growth), I know I need to consult the filings. Similarly, a spike in the blue bars indicates a trend worth worrying about. Martin Marietta Materials' latest average DSO stands at 50.6 days, and the end-of-quarter figure is 44.5 days. Differences in business models can generate variations in DSO, and business needs can require occasional fluctuations, but all things being equal, I like to see this figure stay steady. So, let's get back to our original question: Based on DSO and sales, does Martin Marietta Materials look like it might miss it numbers in the next quarter or two?

The numbers don't paint a clear picture. For the last fully reported fiscal quarter, Martin Marietta Materials' year-over-year revenue shrank 1.6%, and its AR grew 12.4%. That's a yellow flag. End-of-quarter DSO increased 14.2% over the prior-year quarter. It was about the same as the prior quarter. That demands a good explanation. Still, I'm no fortuneteller, and these are just numbers. Investors putting their money on the line always need to dig into the filings for the root causes and draw their own conclusions.

What now?
I use this kind of analysis to figure out which investments I need to watch more closely as I hunt the market's best returns. However, some investors actively seek out companies on the wrong side of AR trends in order to sell them short, profiting when they eventually fall. Which way would you play this one? Let us know in the comments below, or keep up with the stocks mentioned in this article by tracking them in our free watchlist service, My Watchlist.

  • Add Martin Marietta Materials to My Watchlist.

Friday, November 9, 2012

Trident Micro Plunges 23%: Big Q4 Loss Seen, Exploring Options

Shares of chip maker Trident Microsystems (TRID) are down 7 cents, or 14%, at 44 cents 12 cents, or 23%, at 41 cents in late trading after the company reported a 55% drop in revenue and said it will lose as much this quarter as it has in the last twelve months and said it was exploring options to handle a cash crunch.

Revenue in the three months ended in September totaled $80.1 million, down from $176.6 million a year earlier, yielding a net loss of 22 cents a share, worse than the year-earlier 10-cent loss.

CEO Dr. Bami Bastani said the company secured design wins for future production during the quarter, but that, “given the loss of a significant expected IP deal, delays in mass production of new programs, and a soft consumer electronics market, we anticipate that the quarterly loss in the fourth quarter will be at least as large as what we have seen over the past year, further eroding our cash position.”

Oracle Shares Rally After Hours On Strong FY Q4 Results; Sun In The Black; Q1 Outlook Meets Street Ests (Updated)

Oracle (ORCL) are trading higher this afternoon after the enterprise software company posted solid resultsfor its fiscal fourth quarter ended May 31. CFO Jeff Epstein said in a statement that the company “executed better than expected on both the top and bottom line for the quarter.”

Oracle posted revenue of $9.5 billion on a GAAP basis, up 39% from a year ago; the company had projected an increase of 36%-41%. On a non-GAAP basis, revenue was $9.6 billion, up 40%. New software license revenue was up 14% on a GAAP basis to $3.1 billion, while software license updates and product support revenue were up 12% to $3.4 billion.� GAAP operating income was up 14% to $3.3 billion, and GAAP operating margin was 35%. Non-GAAP operating income was up 26% to $4.4 billion, and non-GAAP operating margin was 46%.

EPS was 46 cents on a GAAP basis, and 60 cents on a non-GAAP basis, ahead of both the Street at 54 cents, and Oracle’s projection of 52-56 cents.

The company said that Sun Microsystems contributed over $400 million to non-GAAP operating income in the quarter. The company said it is increasing confident of meeting or exceeding its goal of having Sun contribute $1.5, billion to non-GAAP operating income in FY 2011, and $2 billion in FY 2012.

It wouldn’t be an Oracle earnings release without a few digs at the competition of course. Ergo, the company noted that it continues to take “large chunks of market share away from SAP,” and also noted that some of IBM‘s customers are buying Sun Exadata database machines instead of IBM servers.

In late trading, ORCL is up 54 cents, or 2.4%, to $22.76.

Update: For Q1, the company sees new software license revenue up 4%-14% at constant currency rates, or 2%-12% at current exchange rates. Hardware revenue expected to be about $1 billion, not including support. Total revenue is expected to be up 44%-48% on a non-GAAP constant currency basis, or 41%-45% at current exchange rates.� On a GAAP basis, the company expects 42%-46% revenue growth in constant currency, or 39%-43% at current rates. The company sees non-GAAP EPS of 36-38 cents at constant currency, up from 30 cents a year ago, and in line with the Street at 37 cents, or 35-37 cents assuming current exchange rates. GAAP EPS is expected to be 18-19 cents at constant currency, or 17-18 cents at current rates.


Health Management Associates Shares Jumped: What You Need to Know

Although we don't believe in timing the market or panicking over market movements, we do like to keep an eye on big changes -- just in case they're material to our investing thesis.

What: Shares of Health Management Associates (NYSE: HMA  ) jumped 11% today as analysts told clients last week's sell-off was overdone.

So what: Both Credit Suisse and Goldman Sachs told their clients today that they thought more stringent prepayment reviews in several states wouldn't have the major impact the market was pricing in. Hospitals have become more stringent about patients meeting coverage criteria, and that will only continue as Medicare and Medicaid look at approvals of cardiac care, spinal fusion, and joint replacements.

Now what: Analysts have their eyes on volumes and denial rates in the short term, which will likely not be greatly affected. But long term, I still think everyone in the health-care industry will be squeezed by a need for Medicare to cut costs. I'm not buying in today because I just don't see this as a rally built on stronger fundamentals for health-care providers.

Interested in more info on Health Management Associates? Add it to your watchlist by clicking here.

Are ETFs Killing Gold Miners?

For more than a decade, gold and other precious metals have posted spectacular gains, jumping into the limelight and capturing the attention of mainstream investors. But lately, although gold prices remain relatively high by historical measures, many gold mining stocks are lagging behind -- and some gold miners believe the problem may lie in one of the key investment vehicles that made it so easy to invest in the sector in the first place.

Yesterday, Kirkland Lake Gold CEO Brian Hinchcliffe argued that exchange-traded funds are acting as competitors for investor capital. Pointing to nearly $100 billion in mergers and acquisitions over the past two years in the industry, Hinchcliffe criticized his peers for overpaying on takeover bids, squandering their profits and leading ordinary investors to choose bullion-tracking ETFs instead.

Don't bite the hand that feeds you
At first glance, Hinchcliffe's argument certainly appears to have merit. Bullion ETFs have grown to be a huge force in the industry, with SPDR Gold (NYSE: GLD  ) controlling more than 41 million ounces of gold and iShares Silver (NYSE: SLV  ) holding almost 310 million ounces of silver. Even a smaller fund like closed-end Central Fund of Canada (AMEX: CEF  ) has grown in size in recent years, with almost 1.7 million ounces of gold and 77 million ounces of silver in its portfolio. Clearly, the tens of billions of dollars that investors have plowed into ETFs have drained capital that potentially could have gone into gold mining stocks.

But one response to blaming ETFs for draining capital is that ETFs' heavy demand for bullion has been key in driving metals prices higher, which in turn has contributed greatly to miners' profits over the years. In other words, if you take away the ETFs, gold prices may never have risen in the first place -- leaving miners with even more to complain about.

The dividend debate
As a solution, Hinchcliffe suggested that miners should increase their dividend payouts. Citing a potential 5% to 8% range, he said that dividends are "the best defense against the ETF."

Gold mining isn't the only industry in which investors wonder whether spare cash wouldn't best be returned to shareholders through dividends. Tech stocks with similarly large cash balances have also spurred debates over whether the growth prospects from reinvesting capital into their businesses would actually produce good returns. Skeptics cite similar concerns about overpaying for acquisitions.

With miners, however, there's a clear case for paying dividends to distinguish productive mining activity from a simple play on bullion prices. Because miners produce and sell precious metals, they have incentives to be as efficient as possible in earning profits -- and shareholders can reap big rewards when companies succeed in improving efficiency even if gold prices don't budge. Although profits alone are valuable to investors, the tangible return of a dividend payout carries more weight.

On the other hand, one reason why bullion ETFs have gotten so popular is that many investors don't want to count on company management to make smart decisions. For instance, investors who are interested in palladium essentially have two choices on U.S. exchanges: Stillwater Mining (NYSE: SWC  ) and North American Palladium (NYSE: PAL  ) . Yet Stillwater took a huge hit last year when it announced it was diversifying its operations by buying a gold and copper mine -- effectively destroying the basis under which many investors bought shares in the first place. Similarly, North American Palladium had to close its primary Lac des Iles palladium mine in late 2008 as palladium prices sank from nearly $600 per ounce earlier in the year to less than $200 during the worst of the financial crisis. The mine stayed closed for nearly a year and a half before prices rose enough to reopen it.

Stay smart
Although gold miners obviously depend on high gold prices, investing in mining stocks is very different from buying bullion, either directly or through bullion ETFs. For miners to shine, they have to demonstrate not only that high gold prices will create profits but also that they'll do everything they can to operate efficiently and maximize profits. If that happens, then mining companies won't have to worry about attracting capital -- investors will flood them with it.

Gold investors should make sure they know about the best possible investment opportunities. The Motley Fool's special report on gold has the answers you need, including the name of one tiny gold stock digging up massive profits. It's free but only available for a limited time.

A Daytrader’s Market?

Earlier this week, stocks came perilously close to a freefall. But instead of breaking down Monday morning, small-cap stocks � along with the market at-large � showed signs of life when it counted:

The jury�s still out as to how this will eventually play out. But for now, stocks have avoided total collapse once again by testing support (blue line) and moving higher.

The worst thing that could happen right now would be a breach of this relatively new support level, followed by a re-test of August lows (red line).

This does not mean we�re out of the woods just yet. In fact, I still consider this to be a daytrader�s market. The moves of the major indexes have been so erratic over the past several days on an intraday view that it has been virtually impossible to get a handle on what will happen next.

So today, in the spirit of this chop-fest, I offer you the cold, hard truth about trading during one of the most difficult-to-read markets in recent memory.

First, it�s important to realize that any financial journalist, pundit or talking head who has recently attempted to offer a short-term market prediction has been dead wrong. It�s not because they�re stupid or misinformed � it�s because the market just doesn�t give a damn what anyone thinks. At any given moment, stocks will surprise just about everyone, regardless of education or status. The edge that all traders need right now is virtually nonexistent.

This back-and-forth action we�re seeing � in which the market�s close one day has virtually no connection to how it will open the next � is downright frustrating. There�s so much information for the market to absorb related to the world economy that it�s impossible to say what potential events are priced in to stocks, and what news could shake stocks even lower…

Also, you need to realize that most traders attempting to play these back-and-forth moves are getting taken apart. Cash is king when the tape gets weird � so unless you�re a day trader looking to make a quick buck, I would not recommend trying to play this market. There will be opportunities, but they will be fewer than we would see under normal market conditions.

What�s important right now is for you to assume a defensive stance. Preservation of capital is key. If you are going to trade, you must be willing to accept numerous small losses, knowing that your winning trades, although fewer in number, will more than make up the difference. Getting greedy, hopeful or just anxious is always bad for your trading account. You have to let the market come to you…

Should You Buy the Dow — Johnson & Johnson

Today, we’re looking at Dow Jones Industrial Average component Johnson & Johnson (NYSE:JNJ). One of the truly remarkable things about this 125-year-old company is that it makes just about everything.

I’m not kidding. Not only does Johnson & Johnson make a bunch of consumer products — it actually makes medicines and medical devices, too.

The Consumer segment provides products used in baby care, skin care, oral care, wound care and women�s health care fields, as well as nutritional, over-the-counter pharmaceutical products. The Pharmaceutical segment offers drugs in these areas: anti-infective, antipsychotic, contraceptive, dermatology, gastrointestinal, hematology, immunology — I�m getting sick just listing them all — neurology, oncology, pain management and virology. The Medical Devices segment offers circulatory disease management products, as well as orthopaedic joint reconstruction, spinal care and sports medicine products. The list goes on and on.

JNJ’s diversified product line insulates it against economic downturns, but because it is focused on health care, Johnson & Johnson is insulated even more. Folks, you need Band-Aids in good times and bad. And pain relief. And if you’re sick enough to need those drugs, you’ll still need them. There is competition out there, though, so JNJ relies a lot on its brand name. Still, Johnson & Johnson has to do battle with generic and private label competition, and as grocery stores offer their own versions of, well, just about everything, Johnson & Johnson has been facing some headwinds.

Johnson & Johnson carries a dragon’s lair of wealth: $29.6 billion in cash and only $13.7 billion in debt, at an interest rate of about 5%. Trailing 12-month cash flow was an astonishing $12.5 billion, so the debt service is no problem. JNJ also had twice the amount of free cash flow necessary to pay its 3.6% dividend.

We generally don’t see venerable companies like this have many insider trades, but one director did buy 1,000 shares of JNJ in August.

Conclusion

Stock analysts looking out five years on Johnson & Johnson see annualized earnings growth at 5.6%. At a stock price of $58 (backing out net cash), on FY 2011 earnings of $4.97, JNJ stock presently trades at a P/E of 11.6. Given its growth rate is half that, the stock seems pricey.

If we put an 8 P/E on Johnson & Johnson, I think we are giving it a deserved premium considering its consistent history of free cash flow and brand name. On projected 2015 earnings of $6.87 per share, we get a price target of right about $55. Uh oh. Looks like JNJ stock is fairly priced — and beyond. And when a stock exceeds fair value, I suggest selling.

  • I believe JNJ is a sell for regular accounts.
  • I believe JNJ is a sell for retirement accounts.

As of this writing, Lawrence Meyers did not own a position in any of the aforementioned stocks. Check out Meyers’ take on other Dow Jones stocks here.


Global X Launches Greece ETF

Global X, a provider of exchange traded funds that specializes in alternative asset classes, launched the first ETF tracking Greek stocks Thursday. Needless to say, the ETF should be volatile as the debt crisis continues to shake the Eurozone.

Global X FTSE Greece 20 ETF (NYSEArca: GREK) will try to reflect the FTSE/ATHEX 20 Capped Index, which follows the 20 largest companies by market cap on the Athens Stock Exchange, Brendan Conway writes for WSJ’s MarketBeat.

“Greece has been in the headlines pretty much every other day for the last 18 months,” Global X Funds chief executive Bruno del Ama, said in the article. “It’s a market where a lot of people have an opinion. [We're aiming to] facilitate access to that market.”

Greek equities have been among the worst performers since the start of the Eurozone’s debt woes, with major indices down between 34% to 60% year-to-date.

“A lot of the valuations in Europe reflect a tremendous amount of risk,” del Ama added in the WSJ story.

“Global X Funds strives to facilitate access to foreign markets. Whether bullish or bearish, this new ETF allows investors to take a viewpoint on the recent news coming out of Greece,” the CEO said in a press release.

For more information on Greece, visit our Greece category.

Max Chen contributed to this article.

Disclosure: None

Oil near $84 a barrel; OPEC holds ceiling

MARKETWATCH FRONT PAGE

Crude rises on thinking the Federal Reserve would take further action to bolster economic growth and OPEC would leave its production ceiling as is. See full story.

Obama, Romney trade blows on economy

President Barack Obama and his Republican challenger Mitt Romney traded blows in a key battleground state on who would be best to restore the economy to a stronger growth path. See full story.

Happy with high-yield investing

In a roller-coaster year (make that decade), high-yield strategies continue to work for DividendInvestor, reports Peter Brimelow. See full story.

5 ETFs for an efficient-income portfolio

If you�re looking for income these days it might be time to dump your classic 60% stocks and 40% bonds portfolio in favor of one that produces what researchers at Morningstar call an efficient-income portfolio. See full story.

Nokia becomes riskier partner for Microsoft

Software giant�s alliance with handset maker takes a blow from Nokia�s profit warning and plans for major job cuts. See full story.

MARKETWATCH COMMENTARY

Filming started in Silicon Valley on the first of two biopics about Apple co-founder Steve Jobs, but will this wave of forthcoming tech-inspired movies and TV shows play as well at the box office as �The Social Network?� See full story.

MARKETWATCH PERSONAL FINANCE

When it comes to IRAs, timing is everything. Robert Powell looks at five rules that could derail your retirement-savings plans. See full story.

Hulu Hits Video Game Consoles as it Moves Towards Subscription-Based Format

Hulu is coming to Micrsoft’s (MSFT) Xbox 360 and Apple Inc.‘s (AAPL) iPad in addition to other consumer electronic devices according to a report from Reuters. The spread of the web video joint venture owned by News Corp (NWS), General Electric (GE) subsidiary NBC Universal and Walt Disney (DI) owned network ABC, will coincide with its shift to a subscription pay model according to Reuters’ two unnamed sources. Hulu has been purely advertisement supported since its launch in 2008, a business model that earned the website an estimated $100 million in fiscal year 2009.

It is rumored that recently aired episodes of popular television shows like The Simpsons and 30 Rock will remain free for a limited period of time while archived content, including hundreds of feature length movies, will only be accessible via a paid subscription. There is no word on what Hulu might charge consumers under the new business model

News Corps, Disney, and GE shareholders should be wary of the shift away from Hulu’s ad supported business model. Hulu’s audience has grown consistently over the past twelve months. Internet marketing research company comScore (SCOR) reported 903 million video streams on Hulu in January 2010, second only to Google’s (GOOG) YouTube free video website. While Hulu will undoubtedly benefit from the expanded audience offered by Xbox 360 and iPad support, it remains to be seen whether audiences will be willing to pay for access to content that was previously free.

There is evidence that the proposed business model might be a huge success for Hulu, though. Video rental service Netflix (NFLX) currently has more than 10 million paid subscribers, an increasing number of whom access Netflix purely through streaming, internet-connected devices. Netflix first began offering video streaming on Microsoft’s Xbox 360 in 2008, and the service is now available on Apple’s iPad and iPhone, the� Nintendo (NTDOY) Wii, Sony (SNE) Playstation 3, and TiVo (TiVo) digital video recorders. Netflix, unlike Hulu, is completely free of advertising. It’s questionable whether Hulu’s parent companies will be willing to sacrifice ad revenue in the shift to a subscription business model.

Whether or not Hulu transforms into a subscription service to rival Netflix, the proliferation of the service can only help the beleaguered NBC Universal. The broadcasting company is still finalizing a buyout that would see cable company Comcast (CMCSA) take a 51% controlling interest in the company, leaving GE with just 49%. Giving audiences increased access in a variety of outlets might be the only way NBC can grow interest in their flagging primetime line up.

While Hulu has yet to make an official statement, more details should come out in the coming weeks.

As of this writing, Anthony Agnello did not own a position in any of the stocks named here.

Opinion: Liberty and ObamaCare828 comments

Few legal cases in the modern era are as consequential, or as defining, as the challenges to the Patient Protection and Affordable Care Act that the Supreme Court hears beginning Monday. The powers that the Obama Administration is claiming change the structure of the American government as it has existed for 225 years. Thus has the health-care law provoked an unprecedented and unnecessary constitutional showdown that endangers individual liberty.

It is a remarkable moment. The High Court has scheduled the longest oral arguments in nearly a half-century: five and a half hours, spread over three days. Yet Democrats, the liberal legal establishment and the press corps spent most of 2010 and 2011 deriding the government of limited and enumerated powers of Article I as a quaint artifact of the 18th century. Now even President Obama and his staff seem to grasp their constitutional gamble.

Consider a White House strategy memo that leaked this month, revealing that senior Administration officials are coordinating with liberal advocacy groups to pressure the Court. "Frame the Supreme Court oral arguments in terms of real people and real benefits that would be lost if the law were overturned," the memo notes, rather than "the individual responsibility piece of the law and the legal precedence [sic]." Those nonpolitical details are merely what "lawyers will be talking about."

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Close Associated Press

President Obama signing the health care bill at the White House on March 23, 2010.

The White House is even organizing demonstrations during the proceedings, including a "'prayerful witness' encircling the Supreme Court." The executive branch is supposed to speak to the Court through the Solicitor General, not agitprop and crowds in the streets.

The Supreme Court will not be ruling about matters of partisan conviction, or the President's re-election campaign, or even about health care at all. The lawsuit filed by 26 states and the National Federation of Independent Business is about the outer boundaries of federal power and the architecture of the U.S. political system.

***

The argument against the individual mandate—the requirement that everyone buy health insurance or pay a penalty—is carefully anchored in constitutional precedent and American history. The Commerce Clause that the government invokes to defend such regulation has always applied to commercial and economic transactions, not to individuals as members of society.

This distinction is crucial. The health-care and health-insurance markets are classic interstate commerce. The federal government can regulate broadly—though not without limit—and it has. It could even mandate that people use insurance to purchase the services of doctors and hospitals, because then it would be regulating market participation. But with ObamaCare the government is asserting for the first time that it can compel people to enter those markets, and only then to regulate how they consume health care and health insurance. In a word, the government is claiming it can create commerce so it has something to regulate.

This is another way of describing plenary police powers—regulations of private behavior to advance public order and welfare. The problem is that with two explicit exceptions (military conscription and jury duty) the Constitution withholds such power from a central government and vests that authority in the states. It is a black-letter axiom: Congress and the President can make rules for actions and objects; states can make rules for citizens.

The framers feared arbitrary and centralized power, so they designed the federalist system—which predates the Bill of Rights—to diffuse and limit power and to guarantee accountability. Upholding the ObamaCare mandate requires a vision on the Commerce Clause so broad that it would erase dual sovereignty and extend the new reach of federal general police powers into every sphere of what used to be individual autonomy.

These federalist protections have endured despite the shifting definition and scope of interstate commerce and activities that substantially affect it. The Commerce Clause was initially seen as a modest power, meant to eliminate the interstate tariffs that prevailed under the Articles of Confederation. James Madison noted in Federalist No. 45 that it was "an addition which few oppose, and from which no apprehensions are entertained." The Father of the Constitution also noted that the powers of the states are "numerous and infinite" while the federal government's are "few and defined."

That view changed in the New Deal era as the Supreme Court blessed the expansive powers of federal economic regulation understood today. A famous 1942 ruling, Wickard v. Filburn, held that Congress could regulate growing wheat for personal consumption because in the aggregate such farming would affect interstate wheat prices. The Court reaffirmed that precedent as recently as 2005, in Gonzales v. Raich, regarding homegrown marijuana.

The Court, however, has never held that the Commerce Clause is an ad hoc license for anything the government wants to do. In 1995, in Lopez, it gave the clause more definition by striking down a Congressional ban on carrying guns near schools, which didn't rise to the level of influencing interstate commerce. It did the same in 2000, in Morrison, about a federal violence against women statute.

A thread that runs through all these cases is that the Court has always required some limiting principle that is meaningful and can be enforced by the legal system. As the Affordable Care Act suits have ascended through the courts, the Justice Department has been repeatedly asked to articulate some benchmark that distinguishes this specific individual mandate from some other purchase mandate that would be unconstitutional. Justice has tried and failed, because a limiting principle does not exist.

The best the government can do is to claim that health care is unique. It is not. Other industries also have high costs that mean buyers and sellers risk potentially catastrophic expenses—think of housing, or credit-card debt. Health costs are unpredictable—but all markets are inherently unpredictable. The uninsured can make insurance pools more expensive and transfer their costs to those with coverage—though then again, similar cost-shifting is the foundation of bankruptcy law.

The reality is that every decision not to buy some good or service has some effect on the interstate market for that good or service. The government is asserting that because there are ultimate economic consequences it has the power to control the most basic decisions about how people spend their own money in their day-to-day lives. The next stops on this outbound train could be mortgages, college tuition, credit, investment, saving for retirement, Treasurys, and who knows what else.

***

Confronted with these concerns, the Administration has echoed Nancy Pelosi when she was asked if the individual mandate was constitutional: "Are you serious?" The political class, the Administration says, would never abuse police powers to create the proverbial broccoli mandate or force people to buy a U.S.-made car.

But who could have predicted that the government would pass a health plan mandate that is opposed by two of three voters? The argument is self-refuting, and it shows why upholding the rule of law and defending the structural checks and balances of the separation of powers is more vital than ever.

ETFs with Goldman Exposure Take Big Hits

The SEC's filing against Goldman Sachs (GS) on April 16 reverberated across Wall Street, as several well-performing banking and diversified financial ETFs with GS exposure got hammered following the announcement. Although many ETFs in that sector had trended downward during the first half of 2010, a handful had bucked this trend, producing strong 52-week results.

Following are five top-performing funds with significant GS exposure and how they closed on April 16, according to ETF Database (etfdb.com). GS exposures are as of April 15, one day before the price decline.

  • iShares Dow Jones U.S. Broker-Dealers Index (IAI): GS exposure, 11.1%; 52-week return, 26%; 4/16 close, -3.6%
  • SPDR KBW Capital Markets ETF (KCE): GS exposure, 8.1%; 52-week return, 33.9%; 4/16 close, -3.3%
  • iShares Dow Jones U.S. Financial Services Index Fund (IYG): GS exposure, 5.3%; 52-week return, 43.4%; 4/16 close, -4%
  • Claymore/Clear Global Exchanges, Brokers and Asset ETF (EXB): GS exposure, 5.3%; 52-week return, 31.2%; 4/16 close, -2.5%
  • SPDR Select Sector Fund (XLF): GS exposure, 5.2%; 52-week return, 47.3%; 4/16 close, -3.7%

According to ETF Database, the hits these funds sustained underscored one of the benefits for investors in ETFs compared with actively managed mutual funds. ETFs have to post their holdings on their Web sites daily, whereas many mutual funds do so only quarterly. As a result, investors in financial ETFs were able to quickly figure out what effect the GS news might have on their portfolios.

Michael S. Fischer (msf7@columbia.edu) is a New York-based financial writer and editor and a frequent contributor to Wealth Manager.

Thursday, November 8, 2012

Six Dividend Stocks to Hold Forever

Investor. Now there's a word you don't hear much these days. "Buy and hold," they tell us, has gone the way of the dinosaur.

Today, it's all about the fast money. In the market, out of the market... this stock, that stock...

Of course, that's perfectly fine for traders. The good ones earn small fortunes that way. But for folks who don't have that kind of experience, being nimble is simply an invitation to be whipsawed by the markets.

You may be one of them.

For instance, are you fed up with stock recommendations that only seem to last a couple of weeks?

Or do you constantly find yourself buying on a day when the market is hot, because you feel enthusiastic, only to end up selling on a bad day, because the same stock suddenly looked less attractive?

If so, there's a solution to all this day-to-day madness. Despite the rumors of its demise, there are still stocks you can buy and hold forever.

Of course, seasoned income investors have known this for years. That's why the truly rich don't spend their days watching the financial news and trading stocks. They're too smart for that.

They know that investing in steady-income producing dividend stocks is just as rewarding over the long haul.

How to Pick the Long-Term Winners However, picking successful dividend-paying stocks is not as simple as buying only the stocks with the highest yield. In fact, the stocks with the highest yields are often the ones that trip up investors the most.

When it comes to buying stocks you can truly hold forever, what's important is the company's track record.

Specifically, you're looking for companies that have a decades-long record of increasing dividends and providing value to investors.

These are stocks that can generate profits like clockwork-even in down markets. And here's something you may not realize: even with all of the twists and turns there are plenty of these companies to consider.

In fact, at the moment there are 10 companies that have increased dividends every year for 50 years or more, another thirty-eight that have succeeded in doing so for 40 years and another forty-one companies that have increased their dividends every year for 30 years.

That's eighty-nine companies to choose from.

These companies make excellent permanent investments, for four reasons:

  • Their ability to increase dividends every year for several decades indicates that their business is long-term oriented and has the ability to survive recessions without crises.
  • Having established a long track record of dividend increases, these companies are loath to break it, and so will make extra the effort to ensure they can continue paying dividends during recessions.
  • Since we can be confident that these companies will continue to increase their dividends, investors no longer need to worry about their share prices (except as a chance to buy more.) At some point, the increased cash flow to investors will result in a higher stock value.
  • The best thing: we don't have to pay a premium for these track records. Many of these companies are currently trading at a discount to the S&P 500's average of 15 times earnings.
  • With these kinds of characteristics, these companies are truly the kind of investments you'd be comfortable to leave to your heirs.

    After all, as long as they preserve their current super track record, why would you ever want to sell them?

    Six Stocks to Leave to Your GrandchildrenI call stocks like this heirloom investments.

    Here are six of them, all with dividend yields above the current 30-year Treasury yield of 2.6%.

    Buy them. Hold them. And watch them grow. Or if you're on the cautious side set a first review date of 2050!

    These heirloom investments include:

    • Procter and Gamble Co. (NYSE: PG): This consumer packaged goods company is the record-holder among all these heirloom stocks, having increased its dividend every year since 1954. P&G currently yields 3.7%, but its P/E ratio of 20 times historic earnings is higher than I like because of corporate raider Bill Ackman. He is buying shares aggressively through his vehicle Pershing Square. He'll get nowhere with it -- the company has a market capitalization of $179 billion and what possible reason would shareholders have for removing its management? Still, you might as well wait to buy until he's buzzed off.
    • Diebold Inc. (NYSE: DBD): DBD is a maker of self-service delivery and security systems for the financial services industry (such as ATMs). This company has also increased its dividend every year since 1954. It currently yields 3.2% and trades on 12.1 times earnings. The dividend is 2.6 times covered by earnings.
    • Emerson Electric (NYSE: EMR): Not only has this electrical equipment company increased its dividend every year since 1957, it's also on only its third CEO since 1954. That's my kind of management continuity, and the current guy is only 57 so he likely has a few years left yet. Emerson's yield is 3.6%, with a trailing P/E ratio of 14.1. Like P&G, this one benefits in a possible U.S. recession by having more than half of its business overseas.
    • 3M Company (NYSE: MMM): This diversified technology company has long-term staying power. In the old days, 3M used to trade at 25-30 times earnings, so it's a real bargain at its current 14.5 times, although with only a 2.7% yield. This company has increased its dividend every year since the 1959 Cadillac was in vogue - the one with the fins!
    • Johnson & Johnson (NYSE: JNJ): This healthcare products manufacturer has increased dividends every year since 1963. It's had some problems recently so earnings are a little depressed and it's trading at 18.8 times earnings. But with a yield of 3.6% and debt only 15% of its balance sheet, JNJ is a rock solid investment for your grandchildren.
    • ABM Industries Inc. (NYSE: ABM): This is the relative fly-by-night of the group, having only increased its dividends every year since 1965. The company provides integrated facilities management solutions, cleaning, maintenance, parking lots and security. It has a dividend yield of 3.2%, a P/E ratio of 14.5, and a market capitalization of $1 billion, a considerably smaller company than others on this list.
    So there you have it. Buy and hold is wounded but far from dead. Buy these, relax, and enjoy the steady and increasing stream of dividends.

    Someday, you may even get a big thanks from your grandchildren!

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    The Gold Bubble: Beware of Following the Herd

    I am not going to spend time here talking about how the price of gold is off-the-wall, that it is not just a bubble in the making, but a bubble waiting to burst. I don’t want to waste your time on that point. We all know it is a bubble.

    George Soros has said “The ultimate asset bubble is gold”. Many of the top asset managers, such as Tudor and Paulson, are piling on; Paul Tudor Jones recently said gold “has its time and place, and now is that time.” The banks are echoing this view with their research. Goldman Sachs has a research piece that looks for gold to approach $1,400 in the next year. The more ebullient Charles Morris of HSBC has said, “I absolutely believe it’s heading into a bubble, but that’s why you buy it. ” He, along with a number of other professional and otherwise rational managers, looks for gold to move as high as $5,000 an ounce.

    More interesting than this almost universal agreement is what that agreement tells us about the dynamics of the market.

    The Naked Bubble

    Usually the markets have the courtesy of giving cover for bubbles. We adorn the bubbles with some justification. Even if a guy is just after sex, he at least has the decency to act like there is some substance behind his interest. For the Internet bubble, it was that fundamental analysis based on the brick and mortar world did not bear relevance in the New Paradigm. For the Nikkei bubble, it was that the crazy P/E ratios were not considering one subtlety or another in the Japanese accounting system.

    But with gold, no one even seems to care about giving a justification, other than “gold has been a store of value throughout 5,000 years of monetary history”. Which is fine as far as it goes, but that doesn’t say anything about what the price of that store of value should be.

    Pump and Dump

    Given that “hedge fund” and “highly secretive” are usually said in the same breath, don’t you get suspicious when so many of the top managers are so vocally out there about their gold investments? And when their positions are structured in a way that make them open to view? Paulson and Soros have huge positions in gold ETFs. We know that, because if you buy ETFs, they show up in your 13-F filing. Granted, with an equity investment you can’t help putting that information out into the market, but with an asset there are plenty of ways to take the position without signaling it.

    The fact that they are taking a highly visible route to their positions suggests the game that is being played is one of leading the herd. The 13-F reports positions with a big lag, so no one will notice if they quietly slip out the side door while the party is still hopping. And how about when the view is backed up by none other than Goldman Sachs (GS)? Will they let everyone know when they think it has gone too far before they get out. Or before they go short? Maybe they already have.

    Herds, crowds, mobs, and the Top Ten

    And yet, we follow the herd, as we have countless times in the past. Herding is a timeless and universal market behavior, but one that seems less than rational. It is broader than markets; think of the Top Ten phenomenon. We feel better if a lot of other people think that our favorite artist or actor is the best. We like a song better if we know a lot of other people are liking it as well. Thus our love affair with lists. Magazines featuring the Ten Sexiest, the Five Best, the 100 Whatever are all best sellers, even if the list is the product of a story meeting between an editor and five reporters.

    Herding can be explained as an artifact of what was rational behavior in earlier times, when we were running around as hunter gatherers. Back then, mob and herding behavior made sense. Mob behavior if attacking a competitive group or killing a large animal; herding behavior if protecting against predators or uprooting to a new location. Whatever it was that got started, you could be pretty sure there was safety in having a crowd on hand to finish it.

    The very notion of mobs and herds evokes a certain spontaneity. But with the gold bubble, we are moving on to a concept of herding by appointment. Everyone seems to be happy in agreeing that this is a bubble, and we are all going to participate in this bubble in a rational, genteel way. We have all decided that this is going to be a number one hit, a Top Ten. Though we might want to ask who is leading this herd, because my bet is they will be stepping aside and cheering us over the cliff.

    Disclosure: No position. This represents my personal opinion, not the views of the SEC or its staff.

    More Property Tax Appeals Landing in Court

    State governments desperate to feed municipal coffers are pushing more property tax appeals into litigation, and property owners are finding it difficult to win those battles. Experts advise owners to familiarize themselves with the Uniform Standards of Professional Appraisal Practice (USPAP), which may help them gain some leverage in court. The USPAP sets very strict standards with regard to recordkeeping, deadlines and licensing, and violations of the code can open the door for a defense for property owners who believe they are facing an incorrect appraisal. For more on this continue reading the following article from National Real Estate Investor.

    Property owners throughout New Jersey have observed that more tax appeals are headed to trial. More than ever, cases that would have been settled had they occurred a few years ago are now routinely in the litigation track.

    What’s behind this trend? The most significant reason is that government is under increasing pressure to preserve the municipal treasury. And as the drive for tax revenue brings more taxpayers to court, many of those property owners find an uneven playing field during litigation. The assessment is presumed to be correct until it is overcome by the preponderance of the evidence. The level of proof the taxpayer must provide to reach this standard has become increasingly more difficult to attain.

    One useful aid in arguing a property owner’s appeal is often overlooked because it comes right out of the appraiser’s tool box. The Uniform Standards of Professional Appraisal Practice (USPAP) can help to level the playing field for the property owner. Taxpayers need to understand this set of regulations because it affords opportunities to attack the credibility of the taxing jurisdiction’s presentation.

    Any licensed appraiser in the state of New Jersey is subject to USPAP, which mandates that an “appraiser shall ensure that all appraisals shall, at a minimum, conform to the Uniform Standards of Professional Appraisal Practice.” An appraiser’s failure to comply with the provisions of USPAP may be construed to be professional misconduct in violation of New Jersey tax law.

    For example, USPAP sets minimal standards for the retention of records, referred to as the “recordkeeping rule.” An appraiser must prepare a work file for each appraisal, appraisal review or appraisal consulting assignment. A work file must exist prior to the issuance of any report, and a written summary of any oral report must be added to the work file within a reasonable time after the issuance of the oral report. Such a work file must include the report as well as the information used in creating the report.

    The standards set time requirements as well. The work file must be retained for at least five years after preparation or at least two years after final disposition of any judicial proceeding in which the appraiser provided testimony related to the assignment, whichever period expires last. Any appraiser who willfully or knowingly fails to comply with the obligations of this recordkeeping rule is in violation of the state’s ethics rule.

    In further clarifying the recordkeeping rule, USPAP states that it applies to “appraisals and mass appraisal, performed for ad valorem taxation assignments.”

    USPAP is adopted by statute, so a violation of its standards may leave a violating appraiser susceptible to sanctions imposed by the governing professional association. In addition, New Jersey’s tax statute provides explicitly that for engaging in an act of professional misconduct, the professional licensing board may penalize the offender by suspending or revoking any certificate, registration or license.

    It is not unusual to find situations where appraisers are brought in to assist tax assessors in setting assessments. This is certainly understandable when complicated properties are being appraised. Now, however, as the appraiser advises the assessor as to value in setting an assessment, that advice and conclusion is now discoverable by the taxpayer. This presents a significant opportunity for taxpayers to discern the machinations behind the setting of an assessment.

    Under USPAP, the appraiser must have a work file demonstrating all of the evidence relied upon to determine that value. It does not matter whether the advice given the assessor is written or oral; the work file must contain written evidence supporting the advice and conclusions given to the assessor. This now becomes a potential gold mine of information that can be used to damage the presumption of correctness of the assessment.

    In another common scenario, taxing jurisdictions that rely on outside appraisers to assist the assessor in setting the assessment will typically retain those same appraisers to defend the assessments before the tax court. Because of the backlog of cases in the tax court, this means that an appraiser that originally assisted in setting an assessment could be testifying about value several years after the assessment was set.

    This presents an opportunity for the taxpayer to probe the appraisal report prepared for trial and compare it to the work file prepared when the assessment was made. Was the value predetermined because of the early work in setting the assessment? Does the early work erode the conclusions of the later work?

    These are all important considerations, and will significantly help to level the playing field against recalcitrant taxing jurisdictions. Appraisers who lend their licenses and credibility to taxing jurisdictions in setting assessments need to be aware that there could be a day of reckoning.

    John Garippa is senior partner of the law firm of Garippa, Lotz & Giannuario with offices in Montclair, N.J. The firm is the New Jersey and Eastern Pennsylvania member of the American Property Tax Counsel.

    This article was republished with permission from National Real Estate Investor.

    The Road Ahead for Auto Suppliers

    By David Whiston

    The auto parts sector has gone through some painful restructuring during the past two years, but the worst seems to be over. As of April 24, North American light-vehicle production is up almost 1.5 million units year over year. Most industry forecasts are calling for continued increases in auto demand over the next few years.

    Unfortunately for investors not already positioned in the space, we think the market has already priced this recovery into current stock prices. Now that the recovery is underway, we take a look at the current sentiment among suppliers, examine where this sector is going, and offer some of our favorite names.

    Do Larger Players Have the Most to Gain?
    One of the best snapshots of current trends in the auto parts world is the supplier barometer survey, which is published every other month by the Original Equipment Suppliers Association (OESA). The March edition had many insights. The supplier sentiment index remained positive at 70, but was down slightly from January's mark of 73. The index has been in positive territory (above 50) since July 2009, once the survival of GM and Chrysler seemed assured. In March, a new data point came out that supports our longstanding view that, over time, the recovery will be better for large suppliers than for small suppliers. OESA says that suppliers with over $500 million in sales keep reporting that they feel "somewhat more optimistic" or "unchanged" from the prior survey. OESA, in our opinion, correctly states, "larger systems integrators will first show improved business performance across an entire sector." A systems integrator would include firms in our coverage universe that can sell somewhat related parts, such as Johnson Controls (JCI), which sells seating and interiors.

    Small suppliers however are showing more disparity in sentiment. While some are optimistic, others are pessimistic, due to unemployment and delays in customers receiving funding from the Department of Energy and private equity firms. There is also uncertainty as to whether the current production upturn is sustainable, or if it's just due to restocking inventories.

    We Think This Recovery is Sustainable.
    We have repeatedly asserted that recent U.S. light-vehicle demand has been well below sustainable levels. For example, last year the U.S. scrapped more vehicles than it sold. According to Automotive News, the last time that happened was during World War II. Assuming OEM production levels continue to rise, the most significant threat to suppliers would be commodity price increases (especially steel and oil) to levels seen in the summer of 2008. Fortunately, the majority of our supplier coverage involves healthy Tier 1 suppliers that have the liquidity to withstand another spike in commodity prices. Preliminary results of automotive research firm IRN, Inc.'s 2009 Pricing Survey shows that, during the 2008-2009 downturn, 59% of firms reduced costs by at least 20%.

    Supplier Consolidation: How Much, and How Soon?
    The current state of the industry is one of optimism not seen in several years, but it is also important to look at what the industry will look like in a few years. We see strong suppliers becoming stronger, and other firms weakening or even exiting the industry. The Detroit 3 are reducing the number of North American suppliers they will use. Ford (F) states in its 10-K that U.S. suppliers account for 80% of its North American purchases. In 2004, the firm used 3,300 suppliers, and reduced that amount to 1,600 in 2009. Ford says it already has a plan to get to "about 850 suppliers in the near- to midterm, with a further reduction to about 750 suppliers targeted." The reason for the reductions is that automakers want to only rely on strong suppliers for parts, and because Detroit is moving toward common global vehicle platforms. Common platforms means fewer suppliers are needed to service a vehicle line-up. General Motors Company has a similar plan. A company spokesman has said that, by the end of 2011, GM intends to reduce its North American supply base to 1,000 from 1,500.

    The automakers want to deal with the strongest suppliers, but this consolidation could give the suppliers at least a small increase in pricing power. Traditionally, automakers have held all pricing power over suppliers, and we expect automakers to remain in control. The question is whether the Detroit 3 will stay true to their goal of consolidation, or put consolidation on the back burner in order to obtain a lower price from another firm.

    Suppliers are feeling more optimistic about their ability to negotiate with OEMs. IRN's 2009 Pricing Survey says 57% of suppliers feel they have more power relative to customers compared to three years ago. We think this optimism is justified for our coverage list, as these firms are the best of the best. However, we think even the top suppliers will, at best, have little pricing power over OEMs. Most suppliers do not have an economic moat, and cannot keep competitors at bay. The best a supplier can do is foster a low-cost structure in order to remain profitable, while still submitting the lowest bid for a contract.

    As for the weaker suppliers, we think some will go out of business while others will seek revenue sources from outside the auto industry. OESA's March barometer says suppliers expect non-automotive revenue to be 19% of sales by 2014, compared to 17% on average today. We have been skeptical of parts suppliers' success in diversifying revenue, since many firms have operated solely in the auto world for decades. We think the OESA data supports our theory as many firms do not have the relationships, knowledge, capital, or personnel to expand beyond the auto industry.

    If suppliers had this expertise, we think there would be more revenue forecasted from non-automotive sources. However, OESA's data says suppliers do expect more diversity in their auto customer base, with the Detroit 3 expected to represent 31% of revenue by 2014, compared to 35% on average now. This trend will likely be a function of the Detroit 3 losing market share (especially Chrysler), as well as more foreign automakers adding U.S. capacity in light of the weak dollar. For example, Volkswagen (VLKAF.PK) will open a Tennessee plant in 2011 for a new midsize sedan.

    Are Suppliers Already in the Rearview Mirror for Investors?
    As for our own parts coverage, we still think many of our firms represent the best suppliers in the space. Unfortunately we think the time to buy them was during the crisis, when few investors paid attention to the auto industry. The recent rally in the space is a good example of stocks acting as a leading indicator, as auto stocks rose hard in 2009 despite the GM and Chrysler bankruptcies. That rally aside, we briefly touch on some of our favorite parts names that would interest us if their prices fell from current levels.

    Autoliv (ALV) is the leader in auto safety equipment. Safety is one of the few growth areas for parts names since emerging markets have a wide range of safety content per vehicle. Over time, we expect consumers in these nations to become wealthier and therefore be able to pay up for expensive vehicles with more safety equipment.

    BorgWarner (BWA) operates in the other best growth area, which is engine and transmission components. The company's expertise in turbochargers and dual clutch-transmissions makes it one of the top firms to benefit from ever increasing fuel economy laws.

    We think Gentex (GNTX) is a fantastic company that does not get enough attention. The company dominates the auto-dimming mirror market with 83% share and its biggest problem is what to do with all the cash on its debt-free balance sheet. The firm is also moving beyond autos to supplying auto-dimming windows on aircraft such as Boeing's (BA) 787, and just reported its best quarter ever.

    Finally, Johnson Controls is a firm that does more than make seats and interiors. The firm also has a lucrative battery group that garners about 75% of its business from the aftermarket. This fact means JCI has more pricing power with customers than if it were selling largely to automakers. The company also gets nearly 45% of its revenue from outside the auto industry via the building efficiencies segment. This unit seeks to make buildings more energy efficient, and we expect it to do well with nations around the world seeking to reduce energy consumption and pollution.

    Disclosure: Morningstar licenses its indexes to certain ETF and ETN providers, including Barclays Global Investors (BGI), First Trust, and ELEMENTS, for use in exchange-traded funds and notes. These ETFs and ETNs are not sponsored, issued, or sold by Morningstar. Morningstar does not make any representation regarding the advisability of investing in ETFs or ETNs that are based on Morningstar indexes.

    Wednesday, November 7, 2012

    George Soros: Euro Crisis Is Now ‘More Lethal’

    "The crisis has entered a more lethal phase," George Soros said of Europe. (Photo: AP)

    Echoing more and more observers and market participants, famed hedge fund manager George Soros cautions that the financial crisis is not over and sustained global growth remains fragile.  

    In recent commentary in the Financial Times, as well a speech he delivered in Berlin to celebrate the release of his latest book, Soros says that “far from abating, the euro crisis has recently taken a turn for the worse.”

    The European Central Bank relieved an “incipient” credit crunch through its longer-term refinancing operations. The resulting rally in financial markets hid an underlying deterioration; but that is unlikely to last much longer, according to Soros.

    “The fundamental problems have not been resolved," he said. "Indeed, the gap between creditor and debtor countries continues to widen. The crisis has entered what may be a less volatile but more lethal phase.”

    The only way to “escape the trap” is to recognize that current policies are counterproductive and change course. He acknowledges he cannot propose a cut-and-dried plan, only some guidelines.

    “First, the rules governing the euro zone have failed and need to be radically revised. Defending a status quo that is unworkable only makes matters worse,” he writes.

     Second, the current situation is highly anomalous, and exceptional measures are needed to restore normalcy. Finally, he says new rules must allow for financial markets’ inherent instability.

    So how to go about it?

    “Some new, extraordinary measures are needed to return conditions to normal,” he said. “The E.U.’s fiscal charter compels member states to reduce their public debt annually by one-twentieth of the amount by which they exceed 60% of gross domestic product. I propose that member states jointly reward good behavior by taking over that obligation.”

    They have already transferred to the ECB their seignorage rights, he says. A special-purpose vehicle owning the rights could use the ECB to finance the cost of acquiring the bonds without violating Article 123 of the Lisbon treaty.

    “Should a country violate the fiscal compact, it would be obliged to pay interest on all or part of the debt owned by the SPV,” Soros adds. “That would surely impose tough fiscal discipline.”

    By rewarding good behavior, he concludes, the fiscal compact would no longer constitute a deflationary debt trap.

    “The outlook would radically improve. In addition, to narrow the competitiveness gap, all members should be able to refinance existing debt at the same interest rate. But that would require greater fiscal integration. It would have to be phased in gradually.”

    MSG Pops on Time Warner Deal; Credit the Harvard Kid

    Madison Square Garden shares jumped about 4% shortly after news leaked of an impending deal between Madison Square Garden (MSG) and Time Warner Cable (TWC).

    Time Warner customers had been blocked from watching MSG as the two companies fought over fees; but the kerfuffle had mostly been ignored until people suddenly started to care about the Knicks again as the team built a seven-game wining streak.

    New York Governor Andrew Cuomo and Attorney General Eric Schneiderman plan to announce the decision, allowing them to take credit for the deal. But an unheralded bench-warmer from Harvard named Jeremy Lin may have given MSG the upper hand in the negotiations. That, at least, is what the market seems to think. MSG’s shares shot higher on the news, while Time Warner’s were holding steady, up a little less than 1%.

    Tuesday, November 6, 2012

    Top Stocks For 2011-12-2-14

    LEWISVILLE, Texas–(CRWENewswire)– Uranium Resources, Inc. (NASDAQ:URRE) (URI), announced today that Cameco Resources (�Cameco�) has elected to move forward with Phase II of the three phase exploratory program on the 54,847 acres in Kenedy County, Texas, known as the �Los Finados Project.� The second phase of drilling will begin in December 2011 and is expected to be completed by the end of November 2012. URI has decided to commit an additional $1.5 million in exploration activities during the twelve-month period ended November 30, 2012, in order to maintain the option to lease the property. Under Phase II of the agreement with URI, Cameco will fund $1.0 million toward those exploration activities and will earn an additional 10% interest in Los Finados, raising its interest in the project to 50%. Cameco may elect to fund the entire $1.5 million by moving into Phase III of the program.

    Don Ewigleben, President and CEO of URI, commented, �One of our stated goals in Texas is to develop a larger reserve base, and ultimately maximize production in South Texas. Having Cameco opt into the next phase of work strengthens our expectations regarding the potential of commercially viable resources in the district.�

    In May 2011, URI entered into a joint venture agreement with Cameco for a three-phase, three-year exploration program on the Los Finados property. The first phase of the drilling program began on June 21 and will be completed by November 30 at a cost of approximately $1 million. A total of 19 holes totaling 24,560 feet have been drilled. Phase I exploratory work used a widely spaced drilling program covering a grid designed to test the potential for uranium mineralization over the 54,847 acre area.

    Under the terms of the exploration agreement, Cameco can earn an additional 20% interest in the property in consideration for an additional $1.5 million investment in exploration and development expenses associated with the third and final phase of the project. At the conclusion of the exploration program, the parties may enter into an operating joint venture to develop and produce any discovered uranium resources and reserves. The uranium would be processed at URI�s Kingsville Dome or Rosita processing facility, with Cameco�s share of production being processed under a toll processing agreement with URI.

    About Cameco Resources

    Cameco Resources of Cheyenne is America�s largest uranium producer and comprises the US operations of Cameco Corporation of Saskatoon, Saskatchewan, Canada (NYSE:CCJ), which is one of the world�s largest uranium producers. Cameco Resources has about 350 employees and full-time contractors at its Wyoming and Nebraska mines, its exploration and development office in Casper, and its headquarters in Cheyenne.

    About Uranium Resources, Inc.

    Uranium Resources Inc. explores for, develops and mines uranium. Since its incorporation in 1977, URI has produced more than 8 million pounds of uranium by in-situ recovery (ISR) methods in the state of Texas where the Company currently has ISR mining projects. URI also has 183,000 acres of uranium mineral holdings and 101.4 million pounds of in-place mineralized uranium material in New Mexico and a NRC license to produce up to 1 million pounds of uranium per year. The Company acquired these properties over the past 20 years along with an extensive information database of historic mining logs and analysis. None of URI�s properties is currently in production.

    URI�s strategy is to fully exploit its resource base in New Mexico and Texas, expand its asset base both within and outside of New Mexico and Texas, partner with larger mining companies that have undeveloped uranium or with junior mining companies that do not have the mining experience of URI, as well as provide restoration expertise to those that require the capability or lack the proficiency.

    Uranium Resources routinely posts news and other information about the Company on its Web site at www.uraniumresources.com.

    Safe Harbor Statement

    This news release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Forward-looking statements are subject to risks, uncertainties and assumptions and are identified by words such as �expects,� �estimates,� �projects,� �anticipates,� �believes,� �could,� and other similar words. All statements addressing operating performance, events, or developments that the Company expects or anticipates will occur in the future, including but not limited to statements relating to the Company�s mineralized uranium materials, timing of receipt of mining permits, production capacity of mining operations planned for properties in South Texas and New Mexico, planned dates for commencement of production at such properties, revenue, cash generation and profits are forward-looking statements. Because they are forward-looking, they should be evaluated in light of important risk factors and uncertainties. These risk factors and uncertainties include, but are not limited to, the spot price and long-term contract price of uranium, weather conditions, operating conditions at the Company�s mining projects, government regulation of the mining industry and the nuclear power industry, world-wide uranium supply and demand, availability of capital, timely receipt of mining and other permits from regulatory agents and other factors which are more fully described in the Company�s documents filed with the Securities and Exchange Commission. Should one or more of these risks or uncertainties materialize, or should any of the Company�s underlying assumptions prove incorrect, actual results may vary materially from those currently anticipated. In addition, undue reliance should not be placed on the Company�s forward-looking statements. Except as required by law, the Company disclaims any obligation to update or publicly announce any revisions to any of the forward-looking statements contained in this news release.

    Contact:

    Kei Advisors LLC
    Investors:
    Deborah K. Pawlowski, 716.843.3908
    dpawlowski@keiadvisors.com
    or
    Media:
    Mat Lueras, 505.269.8317
    Vice President, Corporate Development
    mlueras@uraniumresources.com
    or
    Company:
    Don Ewigleben, 972.219.3330
    President & Chief Executive Officer

    Source: Uranium Resources, Inc.

    THIS IS NOT A RECOMMENDATION TO BUY OR SELL ANY SECURITY!

    How To Earn Some Money In The Stock Market Without The Experience With A Day Trading PC System

    Day-trading in the stock market is a fast moving world in which everyone seems to be searching for and could utilise a hand. Due to this, many traders outsource the challenging analytical aspect to a day trading PC system, or a program which finds high chance trading opportunities so all you have got to do is trade in an appropriate way. Here is how you like so many other traders can utilize a day trading PC system to make trustworthy gains from the stock exchange without the danger or needing a full scale Wall St background.

    What a day trading PC system is and how it functions to the folks that are unacquainted with this technology, is that it’s fundamentally a stock picker, or a program which tells you exactly where and what to trade in the stock market to make some real money. How it operates fundamentally is that the program keeps a database full of trend info which is recorded and retrieved using mathematical routines.

    These routines research past market information, having a look at the breakout trends and the factors which led straight to those trends to form. They then apply this info to current, realtime market info to see similarities to further analyze. Once the program has found what it deems as being a profit-making, high chance trade, it notifies the trader in order that they can trade in an appropriate way.

    Critics have been lauding and supporting the utilization of a day trading PC system since they became available to everyday traders one or two years back. Most particularly this is as these programs place complete stress on algorithmically crunched market info each time when creating a stock pick, and consequently no feelings or forecasting plays into any of their picks.

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    4-Star Stocks Poised to Pop: 3D Systems

    Based on the aggregated intelligence of 180,000-plus investors participating in Motley Fool CAPS, the Fool's free investing community, three-dimensional printer maker 3D Systems (NYSE: DDD  ) has earned a respected four-star ranking.

    With that in mind, let's take a closer look at 3D Systems' business and see what CAPS investors are saying about the stock right now.

    3D Systems facts

    Headquarters (Founded) Rock Hill, S.C. (1986)
    Market Cap $1.2 billion
    Industry Computer hardware
    Trailing-12-Month Revenue $230.4 million
    Management CEO Abraham Reichental
    Founder/Chief Technology Officer Dr. Charles Hull
    Return on Equity (Average, Past 3 Years) 11.9%
    Cash/Debt $179.1 million / $138.9 million
    Competitors Dassault Systemes
    Delcam
    Stratasys

    Sources: S&P Capital IQ and Motley Fool CAPS.

    On CAPS, 93% of the 450 members who have rated 3D Systems believe the stock will outperform the S&P 500 going forward. �

    Just last month, one of those Fools, TwoPointOh, tapped the stock as a particularly potent growth pick:

    [3D Systems] is the leader in providing a disruptive technology in the field of manufacturing. Their near-term niche is providing a new and improved method of manufacturing proto-types, but as the cost of 3D printing decreases they offer a production method which can produce items impossible to produce previously and the ultimate in customization. Look for this technology to become the standard for producing prosthetics and medical implants.

    What do you think about 3D Systems, or any other stock for that matter? If you want to retire rich, you need to put together the best portfolio you can. Owning exceptional stocks is a surefire way to secure your financial future, and on Motley Fool CAPS, thousands of investors are working every day to find them. CAPS is 100% free, so get started!

    Want to see how well (or not so well) the stocks in this series are performing? Follow the new TrackPoisedTo CAPS account.

    2 Things RIM Needs to Do Right in 2012

    If you have been tracking Research In Motion (Nasdaq: RIMM  ) , I think you should take note of an interesting trend. The stock made its investors poorer by an astounding 75% last year but began the new year in an upbeat manner.

    Shares recently spiked 9% on the back of news of a possible management change that could see Mike Lazaridis and Jim Balsillie stripped of their co-CEO and co-Chairmen status.

    And, if we go back to the not-so-distant past, whenever there was speculation about the company being taken over, or RIM bringing the popular Angry Birds to its Playbook tablet, RIM's stock jumped.

    These events hint at two things that the BlackBerry maker needs to set right if it is to salvage its declining market share and value.

    Fast-forward BBX
    Late last month, RIM announced that the popular game had made its way into the Playbook, and it seemed like the company's now-boring operating system had finally reached somewhere close to the market-dominating platforms of Google (Nasdaq: GOOG  ) and Apple (Nasdaq: AAPL  ) . But continued delays for the launch of RIM's now-mythical BBX platform gives the feeling that the company's expected lifesaving operating system isn't yet ready to go out.

    And if we fast-forward to late 2012, the tentative new date when RIM will come out with its BBX phones, the Apple iPhone will have matured by one more generation and Google's Android will probably have added a few more features to its arsenal. These factors throw the viability of the new BlackBerry phones deeper into the doldrums. RIM needs to accelerate BBX's production and finally come out with a dynamic product that enables it to at least stand shoulder-to-shoulder against the other two platforms.

    As I see it, the fate of the BBX phones will seal RIM's fate. The company's designers and engineers need to work really hard if they are to script a turnaround story.

    Cure its management maladies
    It seems that calls for the heads of Jim Balsillie and Mike Lazaridis are finally bearing some fruit now that the company's board may consider reshuffling its top management. However, the two will still have a big say in how the company is run. Don't forget that they were the ones who took RIM to its dizzying heights, and the duo still believe that they can pull the company out of the mire to compete with smartphone behemoths Google and Apple.

    RIM should aim for creating value for their shareholders through this change rather than just engaging in a PR exercise to pacify growling investors. Management's roles need to be clearly defined and leadership needs to be utilized in a manner that will put the company's decision-making back on track so that we don't see further delays in product launches and service outages.

    The Foolish takeaway
    These are just a couple of points that RIM needs to set right if it is to bring itself back on track. The company's fate largely depends on the BBX phones, as they will define the direction in which RIM is heading. With the way things are, 2012 could well be a make-or-break year for RIM, and we at The Motley Fool will help you keep an eye on the company through our free Watchlist tool. Click here to add Research In Motion to your Watchlist.

    Stocks for the Long Run: Schlumberger vs. the S&P 500

    Investing isn't easy. Even Warren Buffett counsels that most investors should invest in a low-cost index like the S&P 500. That way, "[You'll] be buying into a wonderful industry, which in effect is all of American industry," he says.

    But there are, of course, companies whose long-term fortunes differ substantially from the index. In this series, we look at how members of the S&P 500 have performed compared with the index itself.

    Step on up, Schlumberger (NYSE: SLB  ) .

    Schlumberger shares have actually underperformed the S&P 500 over the last three decades:

    Source: S&P Capital IQ.

    Since 1980, shares returned an average of 8.3% a year, compared with 11.1% a year for the S&P (both include dividends). That difference adds up fast. One thousand dollars invested in the S&P in 1980 would be worth $29,400 today. In Schlumberger, it'd be worth just $13,000.

    Dividends accounted for a lot of those gains. Compounded since 1980, dividends have made up about half of Schlumberger's total returns. For the S&P, dividends account for 41.5% of total returns.

    And have a look at how Schlumberger's earnings compare with S&P 500 earnings:

    Source: S&P Capital IQ.

    Not bad. Since 1995, Schlumberger's earnings per share have grown by an average of 11.9% a year, compared with 6% a year for the broader index. Schlumberger's earnings power has been strong over the years; it's just had a tough time convincing the market that earnings growth should be rewarded with share returns.

    Of course, the important question is whether that will continue. That's where you come in. Our CAPS community currently ranks Schlumberger with a five-star rating (out of five). Do you disagree? Leave your thoughts in the comment section below, or add Schlumberger to My Watchlist.