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Exiting watchdog sees flaws in SEC’s rulewriting (Reuters)

WASHINGTON, DC (Reuters) – In his final act before departing the Securities and Exchange Commission on Friday, the agency’s inspector general, David Kotz, criticized how the agency analyzes the economic impact of some of its Dodd-Frank rules.

Kotz’s criticism, contained in a report, could have ramifications for the SEC, which has lost several court battles over the years because of flaws in how it demonstrates that the benefits of a rule outweigh its costs.

“We found that the extent of quantitative discussion of cost-benefit analyses varied among rulemakings,” Kotz wrote in his report. “Based on our examination of several Dodd-Frank Act rulemakings, the review found that the SEC sometimes used multiple baselines in its cost-benefit analyses that were ambiguous or internally inconsistent.”

Last year, U.S. business groups successfully convinced a federal appeals court to overturn one of the SEC’s Dodd-Frank rules that aimed to empower shareholders to more easily nominate directors to corporate boards.

In rejecting the rule, the court said the agency failed to properly weigh the economic consequences.

Some of the business groups, such as the U.S. Chamber of Commerce, have since raised similar concerns with other rulemakings pending before the SEC.

Congress passed the Dodd-Frank act in 2010 to more closely police financial markets and institutions after the 2007-2009 financial crisis. The legislation gives the SEC responsibility to write roughly 100 new rules.

Although the SEC is not subject to an express statutory requirement to conduct a cost-benefit analysis of its rules, other laws do require the agency to consider the effects of its rules on capital formation, competition and efficiency.

In addition, the SEC must also follow federal rulemaking procedures, such as providing the public with an opportunity to comment on its proposals.

This is the second report Kotz has issued looking at the quality of the SEC’s cost-benefit analysis.

Both reports were issued after certain members of the Senate Banking Committee, including ranking Republican Richard Shelby, voiced concerns about whether regulators were adequately examining the economic impact of Dodd-Frank rules.

To determine how well the SEC is faring, Kotz’s office retained Albert Kyle, a finance professor at the University of Maryland’s Robert H. Smith School of Business, to help carry out the review.

Friday’s report covered a sample of Dodd-Frank rulemakings, including a rule allowing shareholders a non-binding vote on compensation, several asset-backed securities rules and two proposals pertaining to the reporting of security-based swap data.

Kotz’s report was critical of the agency in a number of areas.

In one instance, the report cites a memo in which former General Counsel David Becker gave his opinion that the SEC should do thorough cost-benefit analyses on rules that are not explicitly required by Congress.

Rules mandated by Congress, however, generally would not need the same level of cost-benefit research, the memo said.

The report suggested that the agency should reconsider these guidelines, or else it risks “not fulfilling the essential purposes of such analyses.”

SEC management, in a written response to the report, disagreed with that point.

“We believe Professor Kyle’s opinion fails to appreciate both the practical limitations on the scope of cost-benefit a regulator can conduct, and the distinct roles of Congress and administrative agencies,” they said.

“We think it is entirely sensible … for the staff to focus its attention and the commission’s limited resources on matters that the commission has the authority to decide.”

Kotz made other recommendations, including using a single consistent baseline in the cost-benefit analysis process and having economists provide more input.

SEC spokesman John Nester declined to comment beyond the SEC comments in the report.

(Reporting By Sarah N. Lynch; Editing by Steve Orlofsky, Gary Hill)


Yahoo! News: Economy News

Chipmaker AMD expects lower revenue in weak PC market (Reuters)

(Reuters) – Advanced Micro Devices Inc (AMD.N) forecast lower quarterly revenue as a shortage of hard drives and a shaky economy hurt PC makers, sending its shares lower in after-hours trading.

The PC chipmaker’s fourth-quarter adjusted earnings beat expectations but revenue for the quarter just ended and revenue projections for the current quarter came in a bit below many analysts’ expectations.

Like larger rival Intel Corp (INTC.O), AMD has been wrestling with slow demand for chips as consumers increasingly buy Apple Inc’s (AAPL.O) iPad instead of laptops.

Also hurting sales of processors, PC manufacturers have been struggling to obtain enough hard drives to meet production targets after flooding last year ruined factories and sensitive machinery in Thailand, the world’s No. 2 exporter of the components.

Intel beat scaled-back quarterly earnings expectations last week after warning that the hard drive shortage was hurting PC production. It also warned of lower revenue in the current quarter.

AMD depends more on sales of PC processors for its revenue than does Intel, which sells proportionally more chips for servers. The fact that it expects a similar drop in revenue as Intel suggests AMD might have taken some market share.

“AMD’s guidance being equivalent to Intel’s suggests to us that AMD has picked up roughly 100 to 110 (basis) points of market share in the PC space.” said JoAnne Feeney, an analyst at Longbow Research. “That guidance could also mean AMD is picking up more server market share.”

Also on Tuesday, programmable chipmaker Altera (ALTR.O) posted quarterly results above analysts’ estimates but its weak first-quarter outlook sent shares down 3 percent after the bell.

With PC sales suffering, AMD and Intel have failed to find a foothold in smartphones and tablets, where processors based on ARM Holdings’ (ARM.L) power-efficient chip designs are widely used.

Apple became the largest buyer of semiconductors last year, overtaking Samsung Electronics (005930.KS) and Hewlett-Packard Co (HPQ.N) as sales of iPads and iPhones outpaced PCs and other consumer gadgets, according to market research firm Gartner.

Dogged by concerns the PC chipmaker is being left behind in the fast-growing mobile market, shares of AMD have fallen about 13 percent over the past year.

AMD said revenue in the fourth quarter rose 2 percent from the year-ago period, to $ 1.69 billion.

But it said revenue in the quarter ending in March would fall 8 percent from the previous quarter, plus or minus 3 percentage points, to around $ 1.504 billion to $ 1.606 billion.

Analysts on average expected fourth-quarter revenue of $ 1.716 billion and March-quarter revenue of $ 1.595 billion, according to Thomson Reuters I/B/E/S.

Non-GAAP earnings in the quarter were $ 138 million, compared with $ 106 million in the year-ago period. Non-GAAP earnings per share were 19 cents, compared with 14 cents in the year-ago quarter. Analysts on average expected earnings per share of 16 cents.

Shares of AMD were down 2.6 percent at $ 6.36 in extended trade after closing up 0.15 percent at $ 6.53.

(Reporting by Noel Randewich in San Francisco; Editing by Steve Orlofsky and Matthew Lewis)


Yahoo! News: Economy News

Obama’s State of the Union: Jobs, re-election time (AP)

WASHINGTON – Vilified on the campaign trail by Republicans, President Barack Obama will stand before the nation Tuesday night with a State of the Union address designed to reframe the election-year debate on his terms, suggesting a stark contrast with his opponents on the economy and promising fairness and help for hurting families.

Obama is expected to offer new proposals to make college more affordable, to ease the housing crisis still slowing the economy, and to boost American manufacturing, according to people familiar with the speech. He will also promote unfinished parts of his jobs plan, including the extension of a payroll tax cut soon to expire.

In essence, this State of the Union is not so much about the year ahead as the four more years Obama wants after that.

Obama’s splash of policy proposals will be less important than what he hopes they all add up to: a narrative of renewed American security. Obama will try to politically position himself as the one leading that fight for the middle class, with an overt call for help from Congress, and an implicit request for a second term from the public.

The timing comes as the nation is split about Obama’s overall job performance. More people than not disapprove of his handling of the economy, he is showing real vulnerability among the independent voters who could swing the election, and most Americans think the country is on the wrong track.

So his mission will be to show leadership and ideas on topics that matter to people: jobs, housing, college, retirement security.

The White House sees the speech as a clear chance to outline a vision for re-election, yet carefully, without turning a national tradition into an overt campaign event.

On national security, Obama will defend his foreign policies but is not expected to announce new ones on Iran or any other front. He will ask the nation to reflect with him on a momentous year of change, including the end of the war in Iraq, the killing of al-Qaida terrorist leader Osama bin Laden and the Arab Spring protests of peoples clamoring for freedom.

But it will all be secondary to jobs at home.

In a winter season of politics dominated by his Republican competition, Obama will have a grand stage to himself, in a window between Republican primaries. He will try to use the moment to refocus the debate as he sees it: where the country has come, and where he wants to take it.

In doing so, Obama will come before a divided Congress with a burst of hope because the economy — by far the most important issue to voters — is showing life.

The unemployment rate is still at a troubling 8.5 percent, but at its lowest rate in nearly three years. Consumer confidence is up. Obama will use that as a springboard.

The president will try to draw a contrast of economic visions with Republicans, both his antagonists in Congress and the candidates for the Republican presidential nomination.

The foundation of Obama’s speech is the one he gave in Kansas last month, when he declared that the middle class was a make-or-break moment and railed against “you’re on your own” economics of the Republican Party. His theme then was about a government that ensures people get a fair shot to succeed.

That speech spelled out the values of Obama’s election-year agenda. The State of the Union will be the blueprint to back it up.

Despite low expectations for legislation this year, Obama will offer short-term ideas that would require action from Congress. His travel schedule following his speech, to politically important regions, offers clues to the policies he was expected to unveil.

Both Phoenix and Las Vegas have been hard hit by foreclosures. Denver is where Obama outlined ways of helping college students deal with mounting school loan debt. Cedar Rapids, Iowa, and Detroit are home to a number of manufacturers. And Michigan was a major beneficiary of the president’s decision to provide billions in federal loans to rescue General Motors and Chrysler in 2009.

For now, the main looming to-do item is an extension of a payroll tax cut and unemployment benefits, both due to expire by March. An Obama spokesman called that the “last must-do item of business” on Obama’s congressional agenda, but the White House insists the president will make the case for more this year.

If anything, Republicans say Obama has made the chances of cooperation even dimmer just over the last several days. He enraged Republicans by installing a consumer watchdog chief by going around the Senate, which had blocked him, and then rejected a major oil pipeline project the GOP has embraced.

Obama is likely, once again, to offer ways in which a broken Washington must work together. Yet that theme seems but a dream given the gridlock he has been unable to change.

The State of the Union atmosphere offered a bit of comity last year, following the assassination attempt against Arizona Rep. Gabrielle Giffords. And yet 2011 was a year of utter dysfunction in Washington, with the partisanship getting so bad that the government nearly defaulted as the world watched in embarrassment.

The address remains an old-fashioned moment of national attention; 43 million people watched it on TV last year. The White House website will offer a live stream of the speech, promising graphics and other bonuses for people who watch it there, plus a panel of administration officials afterward with questions coming in through Twitter and Facebook.

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AP deputy director of polling Jennifer Agiesta and Associated Press writer Ken Thomas contributed to this report.


Yahoo! News: Economy News

Oil price rises on signs of improving US economy (AP)

WASHINGTON – Oil prices are rising on fresh signs of an improving U.S. economy that could lead to stronger demand for gasoline and other energy products.

Benchmark oil rose 50 cents to $ 101.21 per barrel on Wednesday in New York. Brent crude fell 50 cents to $ 111.03 per barrel in London.

The Federal Reserve says factory production in December expanded by the most in a year, as consumers bought more vehicles and businesses spent more on machinery and computers.

Investors also are encouraged by news that the International Monetary Fund is seeking new funding resources to help struggling European countries.

Meanwhile, AAA says the national average for retail gas is $ 3.38 per gallon. That’s about 16 cents more than a month ago and nearly 28 cents more than a year ago.


Yahoo! News: Economy News

Analysts: S&P downgrades could have been worse (AP)

WASHINGTON – The decision by Standard & Poor’s to strip France of its prized AAA credit rating and downgrade eight other European countries slammed a continent struggling with a debt crisis and an economic slowdown.

But beleaguered Europeans can take some comfort: It could have been worse.

Investors had plenty of time to brace for the bad news. S&P put 15 countries, including Germany and France, on notice last month that they faced potential downgrades. The advance notice means the downgrades likely won’t panic financial markets and drive up European governments’ borrowing costs much higher than they already are.

“People knew it was coming, and it was only one rating agency,” said Marc Chandler, head of global currency strategy at Brown Brothers Harriman. Moody’s and Fitch Ratings have yet to follow S&P.

Stocks fell Friday as downgrade rumors reached the trading floors of Europe and the United States. But the declines were nothing like the wrenching swings of last summer and fall, when the debt crisis threw the markets into turmoil.

When the news came Friday, it wasn’t as harsh as it might have been. S&P had threatened last month to knock France’s credit rating down two notches. Instead, it settled for one, demoting France to AA+, just where it put the U.S. credit rating in an August downgrade.

S&P spared Europe’s mightiest economy the indignity of a downgrade, leaving Germany with its AAA rating intact.

Austria lost its AAA status, while Italy and Spain fell by two notches and Portugal’s debt was consigned to junk. S&P also cut ratings on Malta, Cyprus, Slovakia and Slovenia.

Analysts note that S&P’s decision to downgrade long-term U.S. government debt in August did nothing to stop investors from continuing to buy U.S. Treasurys, though it did temporarily shake the U.S. stock market.

The downgrades in Europe are “going to create bad headlines for a day or two,” said Jacob Funk Kirkegaard, research fellow at the Peterson Institute for International Economics. But “there’s no underlying new information … This will be quickly forgotten.”

The Dow Jones industrial average declined 0.5 percent Friday, while stocks sank 0.1 percent in France and 0.6 percent in Germany.

European countries, which borrowed heavily before the Great Recession, have struggled with high government debts after the weak economy depleted tax revenues and drove up spending on unemployment benefits and other social programs. Greece, Portugal and Ireland have already required bailouts.

And bigger countries like Italy and Spain are under financial pressure, partly because nervous investors are demanding higher interest rates to purchase their bonds.

The downgrade of France could have consequences. It will put pressure on the fund that Europe uses to bail out the weakest countries that use the euro. The fund, after all, is only as strong as the countries that contribute to it, and France is the second-biggest contributor after Germany. The bailout fund may have to pay higher interest rates to borrow — and may have to charge higher rates to countries like Ireland that rely on it.

For now, the fund still has a rating of AAA. That means that it can borrow on the bond market at low rates.

The rating agency’s verdict could also shake up French politics. If the loss of its top-notch credit rating means France has to pay higher interest rates, the government will find it harder to cut its budget deficit.

President Nicolas Sarkozy has staked his credibility — and his re-election hopes — on meeting a series of deficit-reduction targets and balancing France’s budget by 2016. In order to stay on track, his government was forced twice last year to make extra cuts.

French Finance Minister Francois Baroin said the downgrade was “bad news” but not “a catastrophe.”

“You have to be relative, you have to keep your cool,” he said on France-2 television. “It’s necessary not to frighten the French people about it.”

Fred Cannon, chief equity strategist at Keefe, Bruyette & Woods, shrugged off the news. “A lot of folks have not thought France was a AAA country for a long time,” he said.

France hasn’t balanced a budget in three decades, and its deficit hit 7.1 percent of its gross domestic product last year — more than twice the legal limit of 3 percent for the 17 nations that use the euro. It also is paying a significant amount to help bail out other troubled eurozone members such as Greece, Portugal and Ireland.

Since S&P issued its downgrade threat in December, new European governments have taken “substantive actions” to bring debts under control, noted Jeff Kleintop, chief market strategist for LPL Financial.

Budget cuts in Italy and Spain have made investors more willing to buy their government bonds, pushing down the interest rates they have to pay.

Earlier Friday, Italy had capped a strong week for government bond auctions. Its borrowing costs dropped for the second straight day as it successfully raised as much as euro4.75 billion ($ 6.05 billion). Spain and Italy completed successful bond auctions on Thursday.

Italy’s euro1.9 trillion in government debt and heavy borrowing needs this year have made it a focal point of the European debt crisis. Italy has passed austerity measures and is on a structural reform course that Premier Mario Monti claims should bring down Italy’s high bond yields, which he says are no longer warranted.

The European Central Bank has relieved some of the pressure, too. It has provided banks with euro489 billion in cheap loans, some of which they have used to buy government bonds.

ECB President Mario Draghi noted “tentative signs of stabilization” in Europe.

Chandler at Brown Brothers Harriman warns that Europe still faces big problems. Italy and Spain together must refinance hundreds of billions of euros in debt this year. And the European economy is almost certain to slip into recession, if it hasn’t already. A deteriorating economy across the continent could worsen the debt crisis by reducing tax collections and driving up social spending.

Europe’s troubles are already having an impact in the United States. The Commerce Department reported Friday that exports to Europe fell 6 percent in November.

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AP Business Writer Greg Keller in Paris contributed to this report.


Yahoo! News: Economy News

India industrial output up 5.9 pct in November (AP)

MUMBAI, India – India’s industrial production rebounded in November, government data showed Thursday, providing some relief to Asia’s third-largest economy, which has been struggling with slowing growth and high inflation.

Industrial production grew 5.9 percent in November, more than expected, thanks to revived consumer spending, the data showed. Output shrank 4.7 percent in October, a bit less than estimated earlier.

Economists, however, caution that industrial production numbers are choppy and say the Reserve Bank is unlikely to reverse months of rate hikes when it meets later this month unless it gets strong evidence that inflation is cooling.

“Strong action on the part of the Reserve Bank of reversing the policy will be called for only if inflation shows very strong signs of decline,” said C. Rangarajan, chairman of the Prime Minister’s Economic Advisory Council.

Mining output was down 4.4 percent in November, in the wake of corruption scandals that have led to massive mine closures. Manufacturing grew 6.6 percent and electricity output was up 14.6 percent, the government said.

Production of capital goods like factories, machinery and tools — a sign of investment — shrank 4.6 percent, but consumer goods output grew 13.1 percent.


Yahoo! News: Economy News

Clinton: Housing is key to fixing nation’s economy (AP)

LAS VEGAS – Former President Bill Clinton says the key to fixing the nation’s economy is to address the struggling housing market and foreclosures.

Clinton, in a speech Saturday night at the Las Vegas Anti-Defamation League’s annual American Heritage Dinner, said “it’s as simple” as fixing the mortgage business, cleaning up banks’ books and letting “them start loaning again.”

The Las Vegas Sun reports (http://bit.ly/xxJc0J ) he drew the biggest applause of the night when he addressed the issue of immigration, and the value immigrants add to the country.

Clinton urged the crowd to keep up the fight against intolerance, racism and bigotry, and stressed the importance of not letting differences lead to hate.

Among those in attendance was Democratic Rep. Shelley Berkley of Nevada, who’s challenging Republican U.S. Sen. Dean Heller.

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Information from: Las Vegas Sun, http://www.lasvegassun.com


Yahoo! News: Economy News

Holiday 2011: Retail winners and Losers (AP)

NEW YORK – A tough economy sharply divided the holiday season into clear winners and losers:

THE WINNERS:

MACY’S INC.: The department store chain is benefiting from its sweeping plan to tailor merchandise to local markets. Its exclusive merchandise, including celebrity names like Donald Trump, has also attracted shoppers.

NORDSTROM INC: Nordstrom began offering free shipping on most items without any minimum purchase for most merchandise. It’s also improved its service, and last year added Wi-Fi access to all its full-line stores. Like many designer stores, it has weaned shoppers off of discounts by offering limited number of designer merchandise.

COSTCO WHOLESALE CORP: The wholesale club operator woos shoppers with discounted household items sold at bulk. It’s also attracted shoppers who like to go on treasure hunts, looking for sharply reduced top fashion brands in limited quantities.

TJX COS.: The operator of TJ Maxx, Marshalls and Home Goods has lured shoppers who like top brands but don’t want to pay full price.

LIMITED BRANDS INC.: The Cincinnati-based Victoria’s Secret parent has enticed shoppers with new collections like its Dreams Angels, complemented by its fragrance launches.

THE LOSERS:

TARGET CORP. The discounter is feeling more pressure from resurgent Wal-Mart Stores Inc., which is hammering low prices in a bid to improve sales.

J.C. PENNEY CO. The department store chain targets middle-class shoppers who have been financially squeezed by a tough economy and are heading to discounters. The company has fared well with Sephora beauty shops and new exclusive brands like European clothing line MNG by Mango. But analysts say it needs to create a more exciting shopping environment.

KOHL’S CORP. Like Penney, the department store chain is grappling with a middle-class customer who is scrimping on basics but splurging on affordable fashions. The company has added key exclusive brands, but analysts say it has to look at other ways to entice shoppers to spend.

GAP INC. The clothing company has long struggled to reinvigorate itself. The problem is the fashions are no longer exciting to buy and the chain is being squeezed by fast-fashion rivals like H&M at the low end and J.Crew at the high end. As a result, the chain has had to resort to deep discounting to drive sales.


Yahoo! News: Economy News

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The Holiday

I appreciate the guest post, Ignacio Phillips

My sister and I were using our Direct StarTV to watch the movie the Holiday last night. She was cleaning out her closest while I watched the movie. I have seen it a few times before, but it is one of those films that I always enjoy. Some people I know are unable to watch the same movie more than once. I am glad I am not one of those people because different TV stations will play the same movie every now and again. I have come to enjoy the way TV stations do that. I can still count the number of times I have seen this movie on one hand. I do not go over board in any way, but I have definitely seen it enough to know what is happening and not enough to quote it. It is the perfect amount in my mind. My sister had not seen the movie yet. She was not watching it too closely, but I think she liked it still. It is a feel good movie in ways. There a highs and lows to it, but by the end I am always smiling.