Miami’s tech start-up scene is heating up

MIAMI — In a sunny, roomy office overlooking a vibrant bustling Miami Avenue below, Freddie Laker is putting the finishing touches on a potentially groundbreaking app that turns written text into video.

He's not shepherding his Gui.de in Silicon Valley, or even in one of the top start-up cities like New York, Boston or the Denver/Boulder area, but way far away at the extreme southeastern part of the country.

Miami? Home to hot temps, leggy South Beach models, a bustling Latin America scene and thousands of retirees?

"There's more talent here than people give us credit for," says Laker, son of the late British airline mogul of the same name. "Because it's Miami, people assume everyone will be by the pool. They forget that nerds are nerds and they're happy to be inside anywhere."

Great weather, cheaper real estate and labor and being the gateway to Latin America doesn't hurt either.

"You're lucky if you can carve out a corner for yourself in San Francisco or New York, but in Miami it's wide open," says Daniel Lafuente, co-founder of The Lab Miami, a tech-geared shared workspace in the Wynwood area.

The Lab this year expanded from its original 700 square foot location to a 10,000 square feet facility, due to demand for space.

On a recent visit, Wynwood was bustling with colorful factories awash in purples, greens and yellows. Just a few miles away from pricey South Beach, Wynwood is known for the hosting the well-attended Art Basel event in December and frequent weekend art walks.

Why settle in Miami? "You might enjoy its gorgeous winters, warm oceans, Latin American edge, world-class cultural happenings, art scene, Eastern time zone, pace, more manageable cost of living," says David Notik, a Miami-based developer who runs the Woven community website. "There are lots of great places to start, grow or invest in a company. Miami's one of them, and it might be right for you."

What Miami has yet to produce is a big success story. The San Francis! co area is known for Google and Apple, while New York has Kickstarter and AOL, and Boston has Trip Advisor. The biggest tech names to come from Miami so far are gaming PC manufacturer Alienware — a unit of Dell — and Open English, a website that teaches English in tutorial videos.

But things are brewing. The company .CO (go.co) is based here. It sells domain names to companies that want to use .co in their URL. Twitter's Vine app, which offer six second video clips, uses .co, as does Brit Moran's Brit.co household tips help site.

LiveNinja, an online learning site, raised $500,000 in seed funding and is working on its second round of capital.

Miami hasn't attracted the big-pocketed venture capitalists who pour millions into start-ups our west and elsewhere. But LiveNinja CEO Will Weinraub says Latin America money is a welcome alternative. About half of his investment has come from Latin America investors.

Laker says Miami needs to see a "PayPal Mafia" of sorts "to graduate and start investing in others." The term refers to PayPal founders and early employees who are serial entrepreneurs and investors. They include Elon Musk, who went on to found the Tesla electric car, and Peter Thiel, an early investor in Facebook.

Refresh Miami, a local tech support group, organizes many tech meetups. The Knight Foundation is a big financial supporter of the Miami tech scene, investing in the Lab and helping fund other projects. The organization — an outgrowth of the newspapers once owned by the Knight brothers, including the Miami Herald — has invested over $4 million locally this year. The goal is to keep talented young people in Miami. "If you look at 25- to 40-year-olds with college degrees, they want to go to San Francisco, Boston, Washington D.C., the research triangle in North Carolina or Austin," says Matt Haggman, Knight's Miami program director. "We want to be on that list."

The bottom line: Miami's a great place to live and work, and now, with a tech scene that'! s organiz! ed and united, the future can only hold promise.

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Local street ion the Wynwood area of Miami(Photo: Jefferson Graham, USA TODAY)

"Our community is just now starting to see the growth and support it needed," says Michael McCord, CEO of LearnerNation, a video e-learning site. "It needed someone to turn around and say we're more than just hotels and coconuts. We're a community where there's actually business being done."

Beware a Fiduciary ‘Wild West’: Graff

The “rumor” as of Friday was that the Department of Labor’s redraft of its fiduciary rule was on Labor Secretary Thomas Perez’s desk, so it’s likely it could be at the Office of Management and Budget by year-end, with a proposed regulation out by next April or May, said Brian Graff, executive director of the American Society of Pension Professionals and Actuaries as well as the National Association of Plan Advisors, on Tuesday.

Graff, speaking at Charles Schwab’s IMPACT conference in Washington, said the DOL’s fiduciary proposal — along with about a dozen states “getting more involved with retirement issues,” which Graff said makes him “nervous” — are two of the biggest issues retirement plan advisors should watch next year.

As Phyllis Borzi, assistant secretary of labor for DOL’s Employee Benefits Security Administration, said Oct. 29 at ASPPA’s annual conference, EBSA is coming “very close” to finishing its work on the reproposed rule.

Graff pointed to the problems he sees with the DOL’s fiduciary reproposal. The “practical impact” on the marketplace will be “how do you get paid, and will certain forms of compensation no longer be allowed,” he said.

“It’s not so much that more people will be fiduciaries,” under the proposal, Graff said, “but how they will get paid.” From an enforcement standpoint, DOL will get at the fiduciary problem “by limiting forms of compensation.”

The potential limit on compensation will affect the small-business market, Graff said, in that if a small business “doesn’t have a [401(k)] savings plan, who’s going to sell them a plan if they won’t get paid?” The small-business problem “is a vexing problem in the context of getting paid under a fiduciary standard.”

Another problem, Graff said, is DOL including IRAs in the reproposal—which Borzi has confirmed will happen. If the definition of fiduciary advice is the same for retirement plans and IRAs, the DOL “will not have the authority to enforce” the IRA portion, Graff said, as IRAs are the jurisdiction of the Internal Revenue Service. The IRS, he said, has six employees devoted to IRAs.

“Here’s my concern with what Borzi is trying to do: It’s not so much the notion of a fiduciary standard … but if there’s no enforcement teeth, you could be creating a Wild West.”

As to the Securities and Exchange Commission’s rule to put brokers under a fiduciary mandate, Graff warned that the agency may indeed create “two kinds” of fiduciaries. Dodd-Frank “explicitly” says that if the SEC develops a uniform fiduciary standard the agency “cannot preclude the advisor from getting commission-based compensation and cannot require the advisor to monitor investments,” Graff told attendees.

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David Tittsworth, executive director of the Investment Adviser Association in Washington, told ThinkAdvisor that two fiduciary standards could indeed be a “possible” outcome. /* .premium-promo { border: 1px solid #ddd; padding: 10px; margin: 0 10px 10px 0; width: 200px; float: left; } .premium-promo li, .premium-promo ul { list-style-type: none; margin: 0; padding: 0; } .premium-promo li { margin: 0 0 10px; padding: 0 0 10px; border-bottom: 1px dotted #ddd; } .premium-promo h3 { text-transform: uppercase; font-size: 11px; } .premium-promo h4 { font-size: 16px; } .premium-promo a { text-decoration: none !important; } .premium-promo .btn { background: #0069a1; border-radius: 4px; display: inline-block; padding: 5px 10px; clear: both; color: #fff; font-weight: bold; } .premium-promo .btn:hover { background: #034c92; } */ Section 913 of Dodd-Frank states that any rule promulgated by the SEC “cannot make the receipt of commissions, in and of itself, a violation of the fiduciary duty and that such a rule cannot make the sale of proprietary products, in and of itself, a violation of the fiduciary duty and that Section 913 does not require the ongoing monitoring of investments,” Tittsworth explained.

While the law “does not necessarily mean that there will be two different fiduciary standards — the existing fiduciary standard under the Advisers Act and a fiduciary standard for brokers that provide investment advice to retail customers,” that result is “possible.”

IAA, Tittsworth said, “has warned the SEC that establishing different fiduciary standards would not be in the interests of clients. Obviously, it would exacerbate the current confusion that exists about differences between brokers and advisors and the standards that govern their activities.”

As to states getting more involved in retirement planning issues, Graff says about 12 to 13 states are “seriously” looking at the issue of not enough workers having a retirement plan at work. He said that some states are mulling adopting “mandates,” which require, for instance, as in the case of California, that “any employer with five employees” provide a payroll deducted IRA.

Graff said that state-run plans can be problematic in that “they usually don’t have competitive prices,” and stressed “the important role that the private sector needs to play here to make sure that products are innovative.”

---

Check out Bernie Clark Warns: Next Gen Is Now This Gen. Better Keep Up on ThinkAdvisor

Hot Clean Energy Companies For 2014

The new U.S. Secretary of Energy, Ernest Moniz, is clearly a believer that the country absolutely must become more self-sufficient with the nation's energy supplies. He recently outlined three points of focus in order to make this a reality: increase our efficiency, electrify our transportation sector, and utilize alternative fuels.

In the following video, Motley Fool energy analysts provide you with details on a variety of companies that are already addressing these issues, and offer reasons why they might be worth consideration for your investment portfolio.�

One such company has been attempting to capitalize on the the movement toward alternative energy as it continues gaining momentum. This potential opportunity in this field is Clean Energy Fuels, which focuses its natural gas efforts primarily on trucking and fleet vehicles. It's poised to make a big impact on an essential industry. Learn everything you need to know about Clean Energy Fuels in The Motley Fool's premium research report on the company. Just click here now to claim your copy today.

Hot Clean Energy Companies For 2014: Willis Lease Finance Corporation(WLFC)

Willis Lease Finance Corporation, together its subsidiaries, provides aviation services. It leases spare commercial aircraft engines and aircraft to commercial airlines, aircraft engine manufacturers, and air cargo carriers, as well as maintenance, repair, and overhaul facilities worldwide. Its engine portfolio consists of noise-compliant stage III commercial jet engines. As of December 31, 2010, the company had a lease portfolio of 179 aircraft engines and related equipment, 3 aircraft, and 4 spare parts packages with 62 lessees in 35 countries. It also engages in the purchase and resale of used and refurbished commercial aircraft engines. The company managed a lease portfolio of 16 engines and related equipment for other parties. Willis Lease Finance Corporation was founded in 1985 and is based in Novato, California.

Hot Clean Energy Companies For 2014: Dole Food Company Inc(DOLE)

Dole Food Company, Inc. engages in sourcing, growing, processing, marketing, and distributing fresh fruits and vegetables, and food products to wholesale, retail, and institutional customers worldwide. It operates in three segments: Fresh Fruit, Fresh Vegetables, and Packaged Foods. The Fresh Fruit segment involves in growing and selling bananas under the DOLE brand name primarily in North America, Europe, and Asia; ripening and distributing DOLE and non-DOLE branded fresh produce in Europe; growing, sourcing, and selling fresh pineapples under the DOLE TROPICAL GOLD label; and exporting Chilean fruits, including grapes, apples, pears, stone fruits, and kiwifruits primarily to North America, Latin America, and Europe. The Fresh Vegetables segment engages in sourcing, harvesting, cooling, distributing, and marketing various fresh and fresh-cut vegetables, including iceberg lettuce, red and green leaf lettuce, romaine lettuce, butter lettuce, celery, cauliflower, broccoli, c arrots, Brussels sprouts, green onions, asparagus, snow peas, artichokes, and radishes, as well as fresh strawberries and raspberries. This segment also processes and markets value-added vegetable products, such as packaged salads and packaged fresh-cut vegetables. The Packaged Foods segment produces and markets canned pineapples, canned pineapple juice, fruit juice concentrate, fruit parfaits, snack foods, and frozen fruits, as well as fruits in plastic cups, jars, and pouches. Its principal customers include mass merchandisers and supermarkets. Dole Food Company, Inc. was founded in 1851 and is based in Westlake Village, California.

Advisors' Opinion:

• [By Eric Volkman]

  It didn't take long for Dole Foods (NYSE: DOLE  ) to reverse its policy on stock repurchases. Less than three weeks after initiating a buyback program, the company has suspended it. Instead, it will plow capital into upgrading its fleet of ships, a project it anticipates will cost roughly $165 million.

5 Best Low Price Stocks To Watch Right Now: Alder Resources Ltd (ALR.V)

Alder Resources Ltd., through its subsidiary, ALR Nicaragua S.A., engages in the acquisition, exploration, and development of base and precious metal properties in Latin America. It primarily has an option to acquire a 65% interest in the Rosita copper-gold-silver porphyry/skarn project that covers an area of 3,356 hectares located to the northeast of Managua. The company is based in Toronto, Canada.

Hot Clean Energy Companies For 2014: Knightsbridge Tankers Limited(VLCCF)

Knightsbridge Tankers Limited, through its subsidiaries, engages in the seaborne transportation of crude oil and dry bulk cargoes worldwide. The company?s customers include oil companies, tanker companies, dry bulk companies, petroleum products traders, government agencies, and other entities. As of September 6, 2011, it owned and operated a fleet of four double-hull very large crude carriers, and four Capesize dry bulk carriers. The company was founded in 1996 and is based in Hamilton, Bermuda.

Advisors' Opinion:

• [By Maxx Chatsko]

  The horrendous flops
  I wrote a blog post explaining why Knightsbridge Tankers (NASDAQ: VLCCF  ) made the right move in slashing its dividend and why its prospects were looking up. The shipping company was extremely undervalued at the time, so why was I wrong? I made the mistake of thinking that a company trading below book value represented good value for shareholders. In reality, many shipping companies were -- and are -- trading below shareholders' equity because their fleets are enormously valuable assets. Unfortunately, that inflates book value enormously. It may not seem so harmful at first, but perpetually low charter rates have actually forced many shippers -- including Knightsbridge -- to sell tankers at less than market value to keep the lights on. Those practices can erase large chunks of book value overnight.

Hot Clean Energy Companies For 2014: Konami Corporation (KNM)

Konami Corporation develops, publishes, markets, and distributes video game software products for stationary and portable consoles, and personal computers worldwide. It operates in four segments: Digital Entertainment, Health and Fitness, Gaming and Systems, and Pachinko and Pachinko Slot Machines. The Digital Entertainment segment plans, produces, manufactures, and sells social content for social networks, content for mobile phones, online games, music and video package products, video game software, video games for amusement facilities, content for token-operated games, and card games, as well as electronic toys, figures, and character goods. This segment also builds computer systems related to online games; maintains and operates online servers; and purchases and distributes video game software for home use. The Health and Fitness segment operates health and fitness clubs. As of March 31, 2012, this segment owned and operated 205 fitness clubs; and provided outsourced s ervices at 161 clubs. The Gaming and Systems segment develops and sells content, hardware, and casino management systems for gaming machines for casinos. The Pachinko and Pachinko Slot Machines segment is involved in the production, manufacture, and sale of pachinko slot machines and liquid crystal displays for pachinko machines. In addition, Konami Corporation provides real estate management services; and operates portal sites. The company was formerly known as Konami Co., Ltd. and changed its name to Konami Corporation in 2000. Konami Corporation was founded in 1969 and is headquartered in Tokyo, Japan.

Hot Clean Energy Companies For 2014: Manitou Gold Inc (MTU.V)

Manitou Gold Inc. engages in the acquisition, exploration, and advancement of gold properties in Canada. It holds interests in various properties located in northwestern Ontario. The company is headquartered in Sudbury, Canada.

Hot Clean Energy Companies For 2014: Telus Corporation(TU)

TELUS Corporation provides telecommunications products and services primarily in Canada. Its telecommunications products and services include wireless, data, Internet protocol (IP), voice, and television. The company operates through two segments, Wireless and Wireline. The Wireless segment provides digital personal communications, equipment sales, and wireless Internet services. The Wireline segment offers voice local and voice long distance services; data services, which include television, and managed and legacy data services, as well as Internet, enhanced data, and hosting services; and other telecommunications services. TELUS Corporation was founded in 1993 and is based in Burnaby, Canada.

Advisors' Opinion:

• [By Anders Bylund]

  Last week, Canadian cable company TELUS (NYSE: TU  ) CEO Darren Entwistle said that Netflix might be as much of an opportunity as a competitor. The company could sell rebranded Netflix services under its own banner to get a leg up on its mostly larger head-to-head competitors. Pairing with local cable providers is a strategy that Netflix hasn't considered (at least not publicly), but it's a wrinkle that's worth keeping a watchful eye on.

Hot Clean Energy Companies For 2014: MONEYSUPERMARKET.COM GROUP PLC ORD GBP0.02(WI)

Moneysupermarket.com Group PLC, together with its subsidiaries, provides online price comparison services in the United Kingdom. The company, through its Web sites moneysupermarket.com and travelsupermarket.com, provides online services to compare various products in the money, insurance, travel, and home services markets. It offers comparison services for financial products, including loans, credit cards, current accounts, mortgages, debt solutions, savings accounts, and business finance; insurance products, such as home insurance, life insurance, medical and motor insurance, breakdown cover, mortgage payment protection, payment protection, and pet and travel insurance; travel products comprising airport parking, car hire, flights, hotels, and package holidays; and home services products consisting of products for broadband, mobile telephones, vouchers, shopping, and utilities. The company also offers support services to customers to research the product they wish to purc hase, as well as sends emails to customers, enabling them to keep up to date with the latest deals, offers, and best buys on a range of products. The company was founded in 1993 and is based in Chester, the United Kingdom.

Variable annuity sellers clamp down on payments to existing contracts

Two of the largest variable annuity sellers sharply pulled back on additional premiums into existing contracts during a busy third quarter for the sellers.

This summer, MetLife Inc. and Prudential Financial Inc. both tightened the reins on investors' ability to add more money to their existing variable annuities, according to Morningstar Inc.'s roundup of quarterly variable annuity filings with the Securities and Exchange Commission.

MetLife Inc. on July 15 filed with the SEC to limit additional payments into variable annuities with its Guaranteed Minimum Income Benefit Max rider and its Enhanced Death Benefit Max rider, which are known as the GMIB Max I and EDB Max I.

The filing blocked additional payments into the contract starting Aug. 9 unless the contract's account value was below a minimum value or if the rider charge was greater than the value of the account.

Followers of the VA industry will recall the GMIB Max — originally released in May 2011 — spurred massive flows into MetLife, as the product offered 6% compounded growth and 6% withdrawals per year based on the benefit base. Similar benefits for new products have become scarce in the industry, so it only makes sense that advisers add to existing contracts.

Prudential, meanwhile, filed June 28 with the SEC to curb additions to contracts with the Highest Daily Lifetime Income rider, the Spousal Highest Daily Lifetime Income rider or the Highest Daily Lifetime Income rider with Lifetime Income Accelerator feature. As of July 29, those affected clients will be subject to a $50,000 annual limit on additional payments in any benefit year.

Prudential spokeswoman Lisa Bennett noted that the change did not affect annuity contracts with Highest Daily Lifetime Income 2.0 or 2.1. “The $50,000 annual cap allows many investors to make contributions to SEP IRAs and other retirement plans originally set up to accommodate annual contributions,” she said. “We consider this change to be a prudent risk management measure in keeping up with our overall goal of balancing the needs of our clients while protecting the guarantees and assets they entrust to us.”

Nationwide Life and Annuity Insurance Co. also filed limits with the SEC that would allow it to curb additional payments into its lifetime withdrawal benefits, which are 5%, 7% and 10% lifetime income options, according to Morningstar.

“Unlike moves to limit additional contributions by some competitors, these clients will still be able to contribute up to $50,000 a year – up to $1 million in total premium – which is enough to accommodate the annual savings needs of many investors,” said Nationwide! spokesman Dace de la Foret.

These days, advisers are annoyed about funding limits, which have become commonplace as insurers seek to limit their exposure to longstanding liabilities tied to living benefits. But they are moving on to other insurers and other contracts that are open to additions.

“The brokers were shoveling a lot of money into the older products for better benefits for the clients,” said Kraig Lange, first vice president and manager of the insurance department at Stifel Nicolaus & Co. Inc. These recent limits on subsequent premium payments “weren't well received, but we all got over it,” he added. Advisers at Stifel are selling policies from Jackson National Life Insurance Co., Lincoln Financial Corp. and Pacific Life Insurance Co., and they continue to recommend Nationwide and Prudential, Mr. Lange said.

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Not all insurers are looking to take their foot off the gas on variable annuity sales. Some have filed for product enhancements that up the ante on withdrawal percentages. Such is the case with Securian Financial Group, which added new income benefits in October — a suite of living benefits called MyPath.

Dan Kruse, second vice president and individual annuity actuary at Securian, noted that staying in the annuity game is a balancing act in terms of product development, moderating volume and keeping a close eye on the relationships the insurer has with its distributors.

“We aren't going to write business we don't want to write, but with a smaller number of distribution partners, I can keep market share in play: How much risk are you willing to take on before you undermine your distribution?” Mr. Kruse said. “Are we turning back relationships? No. But are we focused on which ones we want to go deepest on? Yes.”

Top Clean Energy Companies To Watch For 2014

Being the largest provider of hydraulic fracturing services in the world means that Halliburton's (NYSE: HAL  ) actions resonate throughout the energy industry. For those who are worried about the effect of natural gas fracking on the environment, this is a great thing. With its "Frac of the Future" initiative, Halliburton will begin supplying its customers with some of the most environmentally friendly equipment the business has ever seen.�

Whether its the Q10 pumps, which can operate on either liquefied or compressed natural gas in lieu of gasoline or diesel, or the solar powered SandCastle PS-2500 sand storage and delivery system, Halliburton has efficiency and the environment on its mind. A Noble Energy (NYSE: NBL  ) vice president even publicly praised the operations and its ability to minimize the company's "footprint both physically and with emissions".

Does the combination of big energy and clean energy pique your interest?
Domestic oil and gas service companies have taken a hit due to a slowdown in the natural gas drilling boom of the last couple of years. As this market looks to rebound, investors would be wise to consider Halliburton, one of the top companies in the business and one of those most in tune with the domestic market. To access The Motley Fool's new premium research report on this industry stalwart, simply click here now and learn everything you need to know about how Halliburton is positioning itself both at home and abroad.

Top Clean Energy Companies To Watch For 2014: Citigroup Inc.(C)

Citigroup, Inc., a global financial services company, provides consumers, corporations, governments, and institutions with a range of financial products and services. The company operates through two segments, Citicorp and Citi Holdings. The Citicorp segment operates as a global bank for businesses and consumers with two primary businesses, Regional Consumer Banking and Institutional Clients Group. The Regional Consumer Banking business provides traditional banking services, including retail banking, and branded cards in North America, Asia, Latin America, Europe, the Middle East, and Africa. The Institutional Clients Group business provides securities and banking services comprising investment banking and advisory services, lending, debt and equity sales and trading, institutional brokerage, foreign exchange, structured products, cash instruments and related derivatives, and private banking; and transaction services consisting of treasury and trade solutions, and securiti es and fund services. The Citi Holdings segment operates Brokerage and Asset Management, Local Consumer Lending, and Special Asset Pool businesses. The Brokerage and Asset Management Business, through its 49% stake in Morgan Stanley Smith Barney joint venture and Nikko Cordial Securities, offers retail brokerage and asset management services. The Local Consumer Lending business provides residential mortgage loans, retail partner card loans, personal loans, commercial real estate, and other consumer loans, as well as western European cards and retail banking services. The Special Asset Pool business is a portfolio of securities, loans, and other assets. Citigroup Inc. has approximately 200 million customer accounts and operates in approximately 160 countries. The company was founded in 1812 and is based in New York, New York.

Advisors' Opinion:

• [By Jessica Alling]

  Wednesday

  Bank Reserve Settlement: Every two weeks, the Federal Reserve has a checkup with banks to see their capital balances. You may see some movements in the federal funds rate as banks lend to each other at the last minute to meet their requirements. There has been some talk of raising capital requirements to a flat 6% of a bank's assets regardless of size, leaving JPMorgan Chase (NYSE: JPM  ) , Bank of America (NYSE: BAC  ) , and Citigroup (NYSE: C  ) to worry that their current reserves are far below the proposed flat rate. For now, however, there is little to worry about, as each of the banks has shown that they meet current requirements through stress tests.
  MBA purchase applications: This is a weekly look at the mortgage application activity from the Mortgage Bankers Association. We've seen a decline in the overall rate of new applications, largely because increasing interest rates are deterring new refinancing activity. But this week's numbers may reflect the upswing seen in other housing data released of late.

  Thursday

Top Clean Energy Companies To Watch For 2014: Marsh & McLennan Companies Inc. (MMC)

Marsh & McLennan Companies, Inc., a professional services company, provides advice and solutions in the areas of risk, strategy, and human capital. It operates in two segments, Risk and Insurance Services, and Consulting. The Risk and Insurance Services segment provides risk management and insurance broking, reinsurance broking, and insurance program management services for businesses, public entities, insurance companies, associations, professional services organizations, and private clients. The Consulting segment offers advice and services to the managements of organizations in the area of human resource consulting, comprising retirement and investments, health and benefits, outsourcing and talent; and strategy and risk management consulting, such as management, economic, and brand consulting. The company also provides investment consulting services for endowments and foundations in the United States; health and benefit recordkeeping, and employee enrollment technology; human resource knowledge, data, and solutions for professionals in various industries; and Medicaid policy consulting services. It principally serves customers in the United States, the United Kingdom, the Asia Pacific, and Continental Europe. Marsh & McLennan Companies, Inc. was founded in 1871 and is headquartered in New York, New York.

Advisors' Opinion:

• [By Reuters]

  Wendy Maeda/The Boston Globe via Getty Images NEW YORK -- Walgreen is moving 120,000 employees to a private health insurance exchange from coverage provided directly from carriers, the company will announce Wednesday. The pharmacy chain will join 17 other large employers on the Aon Hewitt Corporate Health Exchange as part of a growing movement to offer employees fixed dollar amounts to purchase their own plans on such exchanges. The end-cost to employees depends on the plan chosen, but they typically get more options than under traditional arrangements. Private exchanges mimic the coverage mandated as part of the Affordable Care Act. Enrollment in the public exchanges starts Oct. 1. "What happens to employer contributions over time? Will they put in as much as they put in the past? These are unanswered questions but potential negatives," says Paul Fronstin, a senior research associate with the Employee Benefit Research Institute. The benefit to Walgreen and other employers is unknown at this point, as their cost-savings aren't clear. Of the 180,000 Walgreen (WAG) employees eligible for health care insurance, 120,000 opted for coverage for themselves and 40,000 family members. Another 60,000 employees, many of them working part-time, weren't eligible for health insurance. Aon Hewitt (AON) says other participants in its program include retailer Sears Holding (SHLD) and Darden Restaurants (DRI). These new additions raise enrollment to 330,000 from 100,000 last year, and Aon Hewitt estimates enrollment will jump to 600,000 next year, a fivefold increase from 2012. By 2017, nearly 20 percent of employees nationwide could get their health insurance through a private exchange, according to Accenture Research (ACN). A recent report by the National Business Group on Health said that 30 percent of large employers are considering moving active employees to exchanges by 2015. Other major providers of private exchanges include Mercer, a division of Marsh & Mc

• [By Dan Caplinger]

  The real test for Obamacare
  In any event, the biggest challenge that Obamacare faces is getting its Health Insurance Marketplace up and running by Oct. 1. Although private exchanges from Marsh & McLennan (NYSE: MMC  ) subsidiary Mercer as well as Towers Watson (NYSE: TW  ) have done a good job of getting Aetna, UnitedHealth, and other popular insurers to participate in their programs, the reception that public exchanges have gotten has been far less favorable. Without a smooth launch in less than three months, Obamacare could find itself facing much greater criticism than it is today.

• [By CRWE]

  Marsh & McLennan Companies, Inc. (NYSE:MMC) held its annual meeting of shareholders, at which the Company announced that its Board of Directors has voted to increase the Company�� quarterly cash dividend by 5 percent to $.23 per share on outstanding common stock.

Hot Dividend Companies To Watch In Right Now: DepoMed Inc.(DEPO)

Depomed, Inc., a specialty pharmaceutical company, develops and commercializes pharmaceutical products based on its proprietary oral drug delivery technologies. It sells Glumetza metformin hydrochloride extended-release tablets that are used as a once-daily treatment for adults with type 2 diabetes in the United States and Canada. The company also focuses to commercialize Gralise gabapentin tablets for the management of postherpetic neuralgia. Its products under development include Serada, which is in Phase III clinical trials for the treatment of menopausal hot flashes; DM-1992 that completed second Phase I study for the treatment of Parkinson's disease; and DM-3458, which completed proof of concept studies for gastroesophageal reflux disease. The company sells its Glumetza to wholesalers and retail pharmacies. It has collaboration or license arrangements with Santarus, Inc.; Merck & Co., Inc.; Covidien, Ltd.; Janssen Pharmaceutica N.V.; Boehringer Ingelheim International GMBH; and PharmaNova, Inc. The company was founded in 1995 and is based in Menlo Park, California.

Top Clean Energy Companies To Watch For 2014: Cascade Bancorp(CACB)

Cascade Bancorp operates as the holding company for Bank of the Cascades that offers a range of commercial and retail banking services. The company?s deposit products include checking, money market, time deposit, and savings accounts. Its loan portfolio comprises commercial real estate loans, real estate construction and development loans, commercial and industrial loans, and residential mortgage loans, as well as consumer installment, line-of-credit, credit card, and home equity loans. Cascade Bancorp also provides investment and trust related services, cash management services, Internet banking, automated teller machines, safe deposit facilities, electronic bill payment, and remote deposit services. The company operates 32 full service branches in central Oregon, southern Oregon, Portland/Salem, and Boise/Treasure Valley. It serves small to medium-sized businesses, municipalities and public organizations, and professional and consumer relationships. The company was foun ded in 1977 and is headquartered in Bend, Oregon.

Top Clean Energy Companies To Watch For 2014: Oshkosh Truck Corporation(OSK)

Oshkosh Corporation designs, manufactures, and markets a range of specialty vehicles, and vehicle bodies worldwide. Its Defense segment manufactures severe-duty, heavy, and medium-payload tactical trucks for the Department of Defense, including hauling tanks, missile systems, ammunition, fuel, and troops and cargo for combat units. The company?s Access Equipment segment offers aerial work platforms and telehandlers used in a range of construction, agricultural, industrial, institutional, and general maintenance applications. This segment also manufactures towing and recovery equipment and related parts; and leases equipments for short-term to rental companies. The company?s Fire and Emergency segment provides custom and commercial fire apparatus, and emergency vehicles, including pumpers, aerial and ladder trucks, tankers, rescue vehicles, wildland rough terrain response vehicles, mobile command and control centers, bomb squad vehicles, hazardous materials control vehicl es, and other emergency response vehicles. This segment also offers snow removal vehicles in airports; custom ambulances for private and public transporters, and fire departments; mobile medical trailers for medical centers and service providers; mobile command and control centers and simulation units; and vehicles for broadcasters, TV stations, broadcast production, and radio stations. Oshkosh Corporation?s Commercial segment manufactures refuse collection vehicles for the waste services industry; front and rear discharge concrete mixers, and portable and stationary concrete batch plants for the concrete ready-mix industry; and field service vehicles and truck-mounted cranes for the construction, equipment dealer, building supply, utility, tire service, and mining industries. The company was formerly known as Oshkosh Truck Corporation and changed its name to Oshkosh Corporation in February 2008. Oshkosh Corporation was founded in 1917 and is based in Oshkosh, Wisconsin.

Advisors' Opinion:

• [By Rich Smith]

  The Department of Defense issued some 22 separate contract awards Thursday, totaling just under $1 billion in combined value. Not all of them went to publicly traded defense contractors, of course, but enough of them did to be worth mentioning. Here are a few of the lucky winners:

• [By Ben Levisohn]

  Stocks have battled back to little changed after falling this morning, as stocks like World Wrestling Entertainment (WWE) and Oshkosh (OSK) make big moves.

Top Clean Energy Companies To Watch For 2014: Echelon Corporation(ELON)

Echelon Corporation develops, markets, and supports energy control networking solutions worldwide. Its solutions enable everyday devices, such as air conditioners, appliances, electricity meters, light switches, thermostats, and valves to be inter-connected; and energy control networking platform powers energy-savings applications for smart grid, smart cities, and smart buildings. The company?s product portfolio includes twisted pair smart transceivers that can be embedded into building automation devices, such as sensors, thermostats, motion detectors, air handlers, and chillers; SmartServer controller, a system manager and field controller for building networks and smart-energy applications; LonWorks control networks software (LNS) and OpenLNS operating system, which are development and integration tools; and third party energy management or grid analytics software, and apps for the SmartServer in hosted or server-based configurations. It also offers PL/RF Bridge to con nect segments of streetlights to a SmartServer; smart meters that provide load profiling, time-of-use, display of energy consumption, and prepaid metering payment capabilities; edge control nodes that connect smart meters and open smart grid protocol (OGSP) -based grid devices; and networked energy system software to retrieve data from smart meters and other OSGP-based devices. In addition, the company provides Element Manager, a browser based software that provides network analysis, graphed statistics, and automated network management; and control point modules that enable original equipment manufacturers (OEMs) to build OSGP compliant smart grid devices. It serves OEMs and systems integrators in the building, industrial, transportation, utility/home, and other automation markets through direct sales organization, electronics representatives, value-added resellers, and distributors. Echelon Corporation was founded in 1988 and is headquartered in San Jose, California.

Advisors' Opinion:

• [By John Udovich]

  Although small cap smart metering stock Silver Spring Networks Inc (NYSE: SSNI) recently soared on earnings, it also plunged yesterday�after loosing�out on important contract ��meaning it might be time to take a closer look at it along with other smart metering stocks like Itron, Inc (NASDAQ: ITRI) or Echelon Corporation (NASDAQ: ELON) to see if they are smart investments.

Market Wrap For November 22: Markets Finish The Week On a Positive Note

While not offering any specifics, investors seemed comfortable enough with Dennis Lockhart's comments to end the week on a positive note.

While speaking to CNBC the Atlanta Fed chief commented that tapering will begin "when the economy is ready and when the market is ready." Lockhart also noted that "we are going to remain accommodative for quite some time, in all likelihood for a number of years."

The Dow gained 0.34 percent, closing at 16,064.77. The S&P 500 gained 0.50 percent, closing at 1,804.76. The Nasdaq gained 0.57 percent, closing at 3,991.65. Gold lost 0.07 percent, trading at $1,242.70 an ounce. Oil lost 0.66 percent, trading at $94.81 a barrel. Silver lost 0.45 percent, trading at $19.84 an ounce.

News of Note

The Third Quarter E-Commerce Retail Sales rose 3.6 percent quarter over quarter to $67.0 billion. Online sales accounted for 5.9 percent of all retail sales in the quarter, up from 5.2 percent a year ago.

John Paulson revealed to clients he won't be allocating additional investment funds towards gold. His firm will maintain current exposure and out of the money option positions will expire worthless. Paulson's fund is alleged to be valued at only $370 million and is down over 60 percent year to date.

Equities-Specific News of Note

Comcast (NASDAQ: CMCSA) and Charter Communications (NASDAQ: CHTR) are reported to be considering a joint bid for Time Warner Cable (NYSE: TWC). Comcast gained 4.36 percent, closing at $49.52. Charter Communications gained 6.06 percent, closing at $134.66. Time Warner Cable was the biggest winner of the group, gaining 9.92 percent, closing at $132.85.

Related: Charter Continues Talks on Financing for Time Warner Cable Bid

BlackBerry (NASDAQ: BBRY) has apparently "blown" a chance of finding a suitor to take the company private. The CEO of a leading Canadian Pension fund Albert Investment Management Corp indicated that BlackBerry hasn't provided re-assurance that it has a successful turn around plan. Shares gained 3.31 percent for the day, closing at $6.24. Shares traded as low as $6.03 in today's trading session, not far from its 52 week lows of $5.98.

Healthcare and pharmaceutical giant Novartis (NYSE: NVS) intends to buy back $5 billion in stock over two years. The company also plans to start Phase III trials of its breast cancer treatment, LEE011 next month. Shares were relatively flat for the day, gaining 0.68 percent to close at $79.71.

After shares of GameStop (NYSE: GME) declined Thursday, and Friday morning analysts at Needham upgraded the company's shares to Buy from Hold. The bullish nod helped boost shares by 2.15 percent, closing at $49.85.

Stanley Druckenmiller has labeled IBM (NYSE: IBM) as one of the "more high probability shorts" he has seen in years. Shares of "Big Blue" lost 1.54 percent for the day, closing at $181.29.

Shares of FAB Universal (NYSE: FU) have been halted premarket, and remained as such throughout the duration of the trading day. There is no indication when shares would resume trading.

Bill Ackman failed to make an impression during his presentation at the Robin Hood Investors Conference even after vowing to "take the fight to the end of the earth." Shares of Herbalife (NYSE: HLF) erased early market losses and gained 4.69 percent, closing at $71.63.

Related: Bill Ackman to Renew Herbalife Assault Friday

Sheryl Sandberg revealed in an interview that U.S. teen usage of Facebook (NASDAQ: FB) remains stable and the majority of U.S. teens use the platform every day. Sandberg also announced that the ad business can continue growing as the company improves its ad quality and targeting capabilities. Shares of the social media company ended the day lower by 1.01 percent, closing at $46.23.

Yum Brands (NYSE: YUM) announced a further $750 million stock buyback allowance in addition to declaring a quarterly dividend of $0.37 a share. Shares hit a new 52 week high of $78.68 before settling the day at $78.30, higher by 4.51 percent for the day.

3D Systems (NYSE: DDD) inked a deal will Google's (NASDAQ: GOOG) Motorola division to make smartphone enclosures and modules for Project Ara. Shares of 3D Systems gained 1.05 percent to close at $73.27 while Google shares were little changed, down 0.18 percent to close at $1,032.22.

Wells Fargo downgraded two steel stocks this morning due to increasing amounts of cheaper imports that have been flooding the market. U.S. Steel (NYSE: X) and Nucor (NYSE: NUE) were downgraded to a $17 to $21 range and a $50 to $55 range respectively. U.S. Steel lost 2.98 percent for the day closing at $26.34 while Nucor lost 2.05 percent, closing at $51.96.

Winners of Note

500.com (NYSE: WBAI) rose percent after its first day of trading. Shares were originally priced at $13 but closed the day at $20.00 representing a gain of 53.85 percent after trading began at $20.00.

Biogen (NASDAQ: BIIB) won a new active substance designation for Tecfidera, implying generic competition won't be possible. Deutsche Bank raised its price target to $340 from $270. Shares rose 13.13 percent, closing at $285.58

Ariad Pharmaceutical (NASDAQ: ARIA) saw its shares surge 35.13 percent following positive comments from European Regulators that will allow the company to continue selling its Iclusig drug. Shares closed at $3.77, well off its 52 week highs of $24.59

Decliners of Note

Shares of Intel (NASDAQ: INTC) declined following two negative reports from analysts. Bernstein Research noted that the company's 2014 outlook was "likely not quite as good as some had hoped." Separately, Goldman Sachs (NYSE: GS) is also unhappy with the company's guidance and $11 billion capex budget. Jefferies, the lone bull at the table believes the company offers a compelling story as its product line is appropriate to combat new market realities. Intel closed the day lower by 5.41 percent, closing at $23.86.

Related: Mixed Response from Analysts Following Intel's Investor Day

Lumber Liquidators (NYSE: LL) tumbled, and tumbled fast following Whitney Tilson presenting the company as a short idea at the Robin Hood Investors Conference. Shares immediately fell almost nine percent, then continued lower throughout the afternoon before closing the day lower by 11.78 percent at $101.77.

The Fresh Market (NYSE: TFM) plunged 18.91 percent closing at $40.87 following the company's disappointing earnings report Thursday. The company missed on both EPS and revenues front.

Related: Fresh Market Shares Respond Following Disappointing Q3 Earnings

Violin Memory (NASDAQ: VMEM) dove following its third quarter results and guidance that was released last night. The company reported a third quarter EPS loss of $0.63 while the Street was looking for a loss of $0.47. Revenue of $28.3 million fell short of the Street's expectation of $31.7 million. Shares were downgraded by J.P. Morgan, (NYSE: JPM) Deutsche Bank (NYSE: DB) and Pacific Crest. Shares lost 48.33 percent, closing at $3.10.

Earnings of Note

Foot Locker (NYSE: FL) announced third quarter EPS of $0.68, beating the Street's forecast of $0.66. Revenue also beat coming in at $1.62 billion, ahead of the Street's $1.58 billion. Shares hit new 52 week highs of $39.15 before closing the day at $38.27, representing a 4.11 percent for the day.

Quote of the Day

"It's Friday, Friday, Gotta get down on Friday, Everybody's lookin' forward to the weekend!"

Posted-In: 3D Systems ARIAD Pharmaceuticals Bill Ackman Biogen Blackberry Charter Communications Comcast Dennis Lockhart Deutsche Bank dividends E-Commerce retail sales FAB Universal Facebook foot locker gamestop Generic drugs Goldman Sachs halted stock Herbalife Iclusig Intel Jefferies John Paulson Lumber Liquidaters Motorola Needham Novartis Project Ara Robin Hood Investors Conference Share buyback Sheryl Sandberg Tecfidera Teens the fresh market Time Warner Cables Violin Memory Whitney Tilson Yum BrandsEconomics Federal Reserve After-Hours Center Markets Best of Benzinga

(c) 2013 Benzinga.com. Benzinga does not provide investment advice. All rights reserved.

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Tesla Model S Gets Highest Consumer Reports Score

NEW YORK (TheStreet) -- Despite the fires that have happened to the Model S, Consumer Reports has given the electric car from Tesla Motors (TSLA) the "highest owner-satisfaction score" the magazine has seen in years.

In a press release to subscribers, the Model S received a score of 99 out of 100, as owners continue to be satisfied with the vehicle, despite the recent concerns over the fires. The press release made no mention of the fires, as the survey was done earlier in the year.

The three fires, two of which took place in the U.S., has put a dampener on the company's high-flying stock, which has tumbled nearly 40% since hitting a 52-week high of $194.50 on Sept. 30.

10 Best Value Stocks To Own Right Now

Following the fires, Tesla has asked the National Highway Traffic Administration (NHTSA) to open a probe into the fires on the electric vehicle. In a blog post to the company's Web site, CEO Elon Musk said Tesla has "rolled out an over-the-air update to the air suspension that will result in greater ground clearance at highway speeds."

He noted this is about reducing the chances of underbody impact damage, not improving safety, as Musk, and others have repeatedly said the Model S is the safest car on the road. "Another software update expected in January will give the driver direct control of the air suspension ride height transitions," Musk said.

Following the Model S, which starts at around $70,000 were two other luxury cars. The Porsche Boxster sports car received a score of 95, and the Porsche 911 sports car received a score of 91.  Perhaps a sign of the times, the Chevrolet Volt, owned by General Motors (GM), and another electric car, received a score of 91 as well. --Written by Chris Ciaccia in New York >Contact by Email. Follow @Chris_Ciaccia

Publicly Traded Patent Collectors Plaguing Google, Apple

In more than two decades as a publicly-traded company, Spherix Inc. (SPEX) developed diabetes treatments, marketed a low-calorie sweetener and handled campground reservations. Now it's dealing in something completely different: patents.

Two months ago, Spherix merged with North South Holdings Inc., owner of a portfolio of 224 patents. The new Spherix, which calls itself an "intellectual property development company," is pursuing infringement cases against the likes of T-Mobile US Inc. and buying former Nortel Networks patents from a consortium set up by Microsoft Corp. and Apple (AAPL) Inc.

Spherix's overnight transformation from a struggling scientific research company into a patent collector is the latest step in the race to turn other people's ideas into dollars. In the past 16 months, at least five U.S. companies have used deals to become publicly traded patent owners, adding the firepower that comes with raising funds in the stock market to lure investors with the potential of a big payday as mobile and Internet technologies proliferate.

"I may be either delusional or naive, but I'm doing this because this is an asset class that is evolving," said Anthony Hayes, the former chief executive officer of North South, who took the helm of Spherix after the deal. "We're at a tipping point. The guy who gets it right will have the chance to build something."

Investors betting on Hayes are not just backing a risky business model. They're also joining an escalating debate over the practice of buying up patents without making products or developing technology.

FTC's Plans

The U.S. Federal Trade Commission is planning to examine whether patent monetization helps or hinders innovation. Technology providers including Google Inc. (GOOG) and Adobe Systems Inc. say more needs to be done to curb so-called trolling, in which patent-focused entities send royalty demand letters to hundreds of companies at a time.

Hayes, who previously worked as a trial lawyer, says his model rewards inventors who may otherwise receive no compensation for their ideas. Reverse mergers, where private companies combine with listed entities, can also breathe life into ailing public companies.

Spherix had not generated as much as $2 million in annual revenue in seven years and was burning through cash in an attempt to develop and market drugs. North South was formed a year ago to acquire patents and "monetize those patents through sales, litigation or licensing," according to its website.

Raising Capital

Earlier this month, Spherix, based in Tysons Corner, Virginia, about 15 miles west of Washington, D.C., raised $2.24 million in a private placement to go after patents in areas like WiFi, cellular communication and antenna technology. The financing almost doubled the company's cash on hand, based on its reported figure at the end of September.

Patent-licensing firms have targeted companies such as Google, ZTE Corp. (000063) and Apple, which have mobile and cloud products. The rationale is that if they can win, licensing firms can generate sustained royalty revenue on products that big companies sell.

It's an expensive proposition. Against such competitors, even a small case can require $650,000 in legal fees, with bigger cases costing more, according to a survey by the American Intellectual Property Law Association. Furthermore, a case could take years getting through trial and appeals.

Monetizing Patents

"There's no way to monetize a patent, no matter how brilliant an inventor you are, without access to capital," said Ron Epstein, CEO of patent brokerage Epicenter IP Group LLC in Redwood City, California. "Ten years ago, contingency fee lawyers were your only source for capital. Now billions of dollars are looking to invest itself in patent enforcement."

Public-market investors have to be prepared for a bumpy ride. Spherix, with a market value of $23.6 million, has dropped 11 percent since the merger closed. Vringo Inc. (VRNG), a provider of software for mobile and video applications, has tumbled 19 percent since merging with intellectual property company Innovate/Protect Inc.

Vringo entered the patent market after struggling to build an ad-supported ringtone business. Eighteen months after its June 2010 initial public offering, the stock fell below $1.

Vringo acquired Innovate/Protect in July 2012, and in November was awarded about $30 million from Google and some customers over patented ways to generate ad revenue. Vringo has sold about $75 million in stock to fund the new business and used part of the proceeds to buy telecommunications patents from Nokia Oyj.

Microsoft Deal

In May of this year, it got six telecommunications and data management patents from Microsoft as part of a settlement deal in which Microsoft agreed to pay $1 million plus 5 percent of whatever related royalties Google pays in the future. Vringo shares rose as much as 10 percent on May 30, after the announcement, and closed up 2.6 percent.

"The market reacted very positively and we realized that we could use that liquidity to acquire additional assets," Andrew Perlman, CEO of the New York-based company, said in an interview. "I'm a big fan of the licensing model. When it works, there's no better business."

Vringo's stock-market value jumped to $235 million at the end of 2012, from $9.9 million a year earlier.

Dig a little deeper and a cautionary tale emerges. In the win against Google, Vringo had sought almost $500 million. When the jury announced a $30 million award, Vringo shares sank 9.6 percent.

Herd Investing

"If you don't know what you're doing and you're investing alongside the herd, that can be a problem," said Kevin Rivette, a managing partner in the Silicon Valley office of 3LP Advisors LLC, which has advised companies on patent strategies. While there are good patents for investors to back, "Some you look at and say, 'You've got a better chance of finding gold in Palo Alto,'" Rivette said.

A bigger concern may be that businesses are fighting back. Companies like Google and Cisco Systems Inc. (CSCO), which get dozens of royalty demands a year, are pushing the courts and Congress to limit suits that involve common technology, such as wireless networking.

Of the past 12 trials in East Texas, the most popular venue for patent suits, 10 were unsuccessful, according to Michael Smith of law firm Siebman Burg Phillips & Smith LLP in Marshall, Texas.

Since July, Spherix has filed a complaint against T-Mobile for geolocation technology, and infringement lawsuits against VTech Holdings Ltd. and Uniden Corp. for patents related to cordless handsets.

Nortel Patents

The case against Uniden is tied to patents Spherix bought from Rockstar Consortium US LP, a joint venture that Apple and Microsoft created in 2011 to hold some of the Nortel patents acquired for $4.5 billion in 2011.

Document Security Systems Inc. (DSS), based in Rochester, New York, is suing Facebook Inc. and LinkedIn Corp. for infringing technology covering online collaboration. The patents were acquired in a reverse merger with Lexington Technology Group Inc., an intellectual property company. The shares have fallen 33 percent since the deal closed on July 1.

Peter Hardigan, Document Security's chief operating officer, said investors looking for fast returns have turned away from his company.

"IP investors tend to be very quick on the trigger," Hardigan said. "We're building a business and trying to manage it for the long term."

Best Value Companies To Own In Right Now

With the markets continuing to add to their historic five-and-a-half-year rally, finding reasonably-valued dividend stocks is becoming more and more difficult.

You may have noticed that our flagship Best Dividend Stocks List has dwindled in recent months down to just 11 “Recommended” names. Most of our recent downgrades have come as a result of valuations being stretched too far for our liking, to the point where stocks’ yields are no longer attractive enough to warrant a “Buy.”

You see, our aim is to populate the list with only the highest-quality names that are ripe for investor cash right now. So if you have money to put to work, those are the ones we feel comfortable recommending at current price and yield levels.

The Rally Continues
The benchmark S&P Index closed at another all-time high today, and there’s really no indication the rally will end anytime soon; we’ve got a new ultra-dovish Fed Chairperson ready to take the helm next year, debt ceiling worries were packed in a can and kicked to at least February, interest rates are still near historic lows, and with stocks like Google gaining 100 points in one day (check a stock quote if you don’t believe me), it’s clear that Wall Street is still in a buying frenzy.

Best Value Companies To Own In Right Now: Tupperware Corporation(TUP)

Tupperware Brands Corporation operates as a direct seller of various products across a range of brands and categories through an independent sales force. The company engages in the manufacture and sale of kitchen and home products, and beauty and personal care products. It offers preparation, storage, and serving solutions for the kitchen and home, as well as kitchen cookware and tools, children?s educational toys, microwave products, and gifts under the Tupperware brand name primarily in Europe, Africa, the Middle East, the Asia Pacific, and North America. The company provides beauty and personal care products, which include skin care products, cosmetics, bath and body care, toiletries, fragrances, nutritional products, apparel, and related products principally in Mexico, South Africa, the Philippines, Australia, and Uruguay. It offers beauty and personal care products under the Armand Dupree, Avroy Shlain, BeautiControl, Fuller, NaturCare, Nutrimetics, Nuvo, and Swissgar de brand names. The company sells its Tupperware products directly to distributors, directors, managers, and dealers; and beauty products primarily through consultants and directors. As of December 26, 2009, the Tupperware distribution system had approximately 1,800 distributors, 61,300 managers, and 1.3 million dealers; and the sales force representing the Beauty businesses approximately 1.1 million. The company was formerly known as Tupperware Corporation and changed its name to Tupperware Brands Corporation in December 2005. The company was founded in 1996 and is headquartered in Orlando, Florida.

Advisors' Opinion:

• [By John Udovich]

  Everyone is familiar with�the Tupperware brand from�consumer products stock Tupperware Brands Corporation (NYSE: TUP) and you are probably familiar with the brands�of mid cap stock Jarden Corp (NYSE: JAH) along with small cap stocks Libbey Inc (NYSEMKT: LBY) and Lifetime Brands Inc (NASDAQ: LCUT); but what about the stocks themselves? Chances are, their brands or products are right under your nose at home and you probably don�� know anything about the mid cap or small cap stock behind them.

• [By Arie Goren]

  After running this screen on May 21, 2013, before the markets' open, I discovered the following eight stocks: Sunoco Logistics Partners LP (SXL), Leggett & Platt Inc (LEG), Copa Holdings SA (CPA), RPC Inc. (RES), Tupperware Brands Corp. (TUP), Herbalife Ltd. (HLF), John Wiley & Sons Inc. (JW.A) and C.H. Robinson Worldwide Inc. (CHRW).

• [By Oliver Pursche]

  European large-cap pharmaceuticals like Novartis (NVS) �and Bristol Meyers Squibb (BMY) �count amongst some of our favorite stocks right now, as do U.S. multinationals that are growing revenue and margins in Asia ��Tupperware (TUP) �is a shining example. Stay away from utilities and energy stocks, as they are likely to be the laggards over the next year.

Best Value Companies To Own In Right Now: Schlumberger N.V.(SLB)

Schlumberger Limited, together with its subsidiaries, supplies technology, integrated project management, and information solutions to the oil and gas exploration and production industries worldwide. The company?s Oilfield Services segment provides exploration and production services; wireline technology that offers open-hole and cased-hole services; supplies engineering support, directional-drilling, measurement-while-drilling, and logging-while-drilling services; and testing services. This segment also offers well services; supplies well completion services and equipment; artificial lift; data and consulting services; geo services; and information solutions, such as consulting, software, information management system, and IT infrastructure services that support oil and gas industry. Its WesternGeco segment provides reservoir imaging, monitoring, and development services; and operates data processing centers and multiclient seismic library. This segment also offers variou s services include 3D and time-lapse (4D) seismic surveys to multi-component surveys for delineating prospects and reservoir management. The company?s M-I SWACO segment supplies drilling fluid systems to improve drilling performance; fluid systems and specialty tools to optimize wellbore productivity; production technology solutions to maximize production rates; and environmental solutions that manages waste volumes generated in drilling and production operations. Its Smith Oilfield segment designs, manufactures, and markets drill bits and borehole enlargement tools; and supplies drilling tools and services, tubular, completion services, and other related downhole solutions. The company?s Distribution segment markets pipes, valves, and fittings, as well as mill, safety, and other maintenance products. This segment also provides warehouse management, vendor integration, and inventory management services. Schlumberger Limited was founded in 1927 and is based in Houston, Texas.

Advisors' Opinion:

• [By Michael Fitzsimmons]

  So what is GE to do? The O&G segment is a very fast growing and nicely profitable business that is synergistic with the rest of GE's industrial operations. Yet it is such a small part of the company, its valuation is being diluted by GE's other businesses. A spin-off would surely unlock value. That said, a spun-off O&G company would be a relatively small player compared to a companies like Schlumberger (SLB), with $42 billion in 2012 revenue and a P/E=19.5, and even Haliburton (HAL), with $24.8 billion in 2012 revenue and a P/E=23.6. But both these companies trade at a premium valuation to GE (P/E=17.8) despite GE's higher dividend yield (3.1%).

5 Best Financial Stocks To Own For 2014: Caterpillar Inc.(CAT)

Caterpillar Inc. manufactures and sells construction and mining equipment, diesel and natural gas engines, industrial gas turbines, and diesel-electric locomotives worldwide. It operates through three lines of businesses: Machinery, Engines, and Financial Products. The Machinery business offers construction, mining, and forestry machinery, including track and wheel tractors, track and wheel loaders, pipelayers, motor graders, wheel tractor-scrapers, track and wheel excavators, backhoe loaders, log skidders, log loaders, off-highway trucks, articulated trucks, paving products, skid steer loaders, underground mining equipment, tunnel boring equipment, and related parts. It also manufactures diesel-electric locomotives; and manufactures and services rail-related products and logistics services for other companies. The Engines business provides diesel, heavy fuel, and natural gas reciprocating engines for Caterpillar machinery, electric power generation systems, marine, petrol eum, construction, industrial, agricultural, and other applications. It offers industrial turbines and turbine-related services for oil and gas, and power generation applications. This business also remanufactures Caterpillar engines, machines, and engine components; and offers remanufacturing services for other companies. The Financial Products business provides retail and wholesale financing alternatives for Caterpillar machinery and engines, solar gas turbines, and other equipment and marine vessels, as well as offers loans and various forms of insurance to customers and dealers. It also offers financing for vehicles, power generation facilities, and marine vessels. The company markets its products directly, as well as through its distribution centers, dealers, and distributors. It was formerly known as Caterpillar Tractor Co. and changed its name to Caterpillar Inc. in 1986. Caterpillar Inc. was founded in 1925 and is headquartered in Peoria, Illinois.

Advisors' Opinion:

• [By Matt Thalman]

  Other stocks that are getting hammered by the Chinese report include Alcoa (NYSE: AA  ) and Caterpillar (NYSE: CAT  ) . Both companies need strong construction markets, which China had been for years. Now that it seems the go-go days are coming to an end, each company will be faced with finding a new emerging market in which to sell its products.

• [By Wallace Witkowski]

  Other areas to focus on are industrials and tech, Greenhaus said. Several industrial Dow components report such as United Technologies Corp. (UTX) �on Tuesday, Boeing Co. (BA) � and Caterpillar Inc. (CAT) �on Wednesday, and 3M Co. (MMM) �on Thursday. Also on Thursday after the close, Microsoft Corp. (MSFT) �reports results.

Best Value Companies To Own In Right Now: Dollar Tree Inc.(DLTR)

Dollar Tree, Inc. operates discount variety stores in the United States and Canada. Its stores offer merchandise primarily at the fixed price of $1.00. The company operates its stores under the names of Dollar Tree, Deal$, Dollar Tree Deal$, Dollar Giant, and Dollar Bills. Its stores offer consumable merchandise, including candy and food, and health and beauty care, as well as household consumables, such as paper, plastics, household chemicals, in select stores, and frozen and refrigerated food; variety merchandise, which includes toys, durable housewares, gifts, party goods, greeting cards, softlines, and other items; and seasonal goods, such as Easter, Halloween, and Christmas merchandise. As of April 30, 2011, it operated 4,089 stores in 48 states and the District of Columbia, as well as 88 stores in Canada. The company was founded in 1986 and is based in Chesapeake, Virginia.

Advisors' Opinion:

• [By Paul Ausick]

  Dollar General�� share price is up less than 6% in the past 12 months, but since the beginning of the year shares have risen more than 22%. And even then, Dollar General�trails Dollar Tree Inc. (NASDAQ: DLTR) in share price growth since January 1. Dollar Tree stock is up 30%.

• [By Dan Moskowitz]

  The shiniest dollar
  Many investors and analysts like to debate which dollar store offers the best investment opportunity. The truth is that Dollar General, Dollar Tree Stores (NASDAQ: DLTR  ) , and Family Dollar Stores (NYSE: FDO  ) are all likely to be quality long-term investments.

• [By Jon C. Ogg]

  Deutsche Bank is making a change in its coverage of dollar store themes on Monday: Dollar Tree Inc. (NASDAQ: DLTR) was raised to Buy from Hold and Family Dollar Stores Inc. (NYSE: FDO)�was downgraded to Hold from Buy, but the price target was raised to $74 from $70.

• [By Jacob Roche]

  With the economy starting to improve, you might think Dollar Tree's (NASDAQ: DLTR  ) fortunes will reverse. The deep discounter provided unemployed and lower-income consumers a safe place in the storm, but with the economic weather clearing up, it would be reasonable to expect consumers to venture out again to higher-end retailers. However, that assumption would be wrong.

The 5 Dumbest Things on Wall Street This Week: Sept. 13

Carl's Not-So Sour Grapes

Excuse us for chuckling, Dumbest fans, but we simply cannot suppress our amusement over Carl Icahn's joke of a Tom Joad impression following his so-called Dell (DELL) defeat.

The billionaire activist investor announced on Monday he will discontinue his bid to derail Dell's near-$25 billion takeover by company founder Michael Dell and private equity firm Silver Lake Partners, after a string of legal rulings and decisions by Dell's special committee tasked with selling the struggling PC-maker turned against his competing proposals. Icahn's decision to throw in the towel essentially cements Michael Dell's and Silver Lake's takeover of the PC-maker, in what stands to be the biggest leveraged buyout since the financial crisis.

"I realize that some stockholders will be disappointed that we do not fight on. However, over the last decade, mainly through 'activism,' we have enhanced stockholder value in many companies by billions of dollars. We did not accomplish this by waging battles that we thought we would lose," wrote Icahn in a letter to Dell shareholders. Cut the crap, Carl. You didn't lose at all and you know it. The fruit of your Dell wrath is over $70 million smackers, according to the WSJ. So don't try and act like you are slurping sour grapes when everybody knows you're sucking down pricey champagne. As for your snide remark that you intend to call Michael Dell to wish him good luck because "he may need it," well, that certainly belies your stab at nobility. Or at the very least, it comes off as less than caring considering all the jobs soon to be shed at the struggling company you ostensibly were leading a charge to save. Ah, who are we trying to protect Carl? Let's be honest since you won't be. You didn't want to own Dell. You wanted a higher price without getting your hands dirty and that's exactly what you got when Michael bumped up his price to $13.75 a share and added that special 13-cent dividend. So please spare us the heartfelt concession speech. In fact, you wanted to own Dell as much as you wanted to own Yahoo! (YHOO) when you similarly stampeded into that humbled tech giant. Or, in other words, not one darned bit. We all know your tricks, Carl, and operating a company in earnest is not one of them. The only difference is that your dustup with Michael Dell ultimately took root and blossomed into lovely, verdant greenmail (albeit through a circuitous route via a Delaware court), while your battle with Jerry Yang turned out as dry as an Oklahoma dust storm when he refused your wish to sell the company to Microsoft (MSFT). Which brings us to our favorite line in Carl's farewell to Dell note, the one that harkens back to John Steinbeck's tale of itinerant woe. "If you are incensed by the actions of the Dell Board as much as I am, I hope you will choose to follow me on Twitter where from time to time I give my investment insights. I also intend to point out what I consider to be unconscionable actions by boards and discuss what remedies shareholders may take to change the situation," pronounced Icahn. Take heed, all you ordinary Americans out there, driving in your beaten-down cars across this hard land from sea to shining sea, Carl Icahn is there for you. Like the fictional, yet all-too-real migrant worker Tom Joad who vowed to fight social injustice "wherever you can look -- wherever there's a fight... wherever there's a cop beatin' up a guy," Carl Icahn will be there, too. He'll be standing by yours and Tom's side wherever a corporate board hoards cash and whenever a CEO attempts to take a company private with a lowball bid. Lest we forget Herbalife (HLF), his most wrathful pursuit of all. Yes, fellow citizens, Carl Icahn will be there for you wherever Bill Ackman is on the other side of the trade.

First Solar Stupidity

Remember the radio program where Paul Harvey would famously tell listeners "the rest of the story"?

Here's a 5 Dumbest version featuring our friends at First Solar (FSLR).

Back on Sept. 21, 2011, shares of the solar energy systems provider plummeted 7% after select analysts covering the company were informed it would not seek a $1.9 billion federal loan for its 550-megawatt Topaz project, one of the largest solar projects ever to be constructed. First Solar stock fell an additional 6% the following day, after it confirmed through a press release that the Topaz project would not receive a government loan guarantee. Because the institutions were able to act on the Topaz information prior to the general public, TheStreet reporter Eric Rosenbaum alertly asked the question on that second day of the selloff of whether First Solar had violated the Securities and Exchange Commission's Fair Disclosure Regulation, known on Wall Street as Reg FD, which stipulates that an officer or director of a company cannot make any disclosure of a material nature about its business on a selective basis. "Solar market insiders say that as many as five analysts were called on Wednesday by the head of First Solar investor relations, Larry Pollizotto, and told beginning Wednesday morning that First Solar might not get Topaz, but they felt good about the other two projects receiving loan guarantees," wrote Rosenbaum on Sept. 22, 2011, in a column titled "Did First Solar Just Walk a Fine Reg FD Line?" So what happened to First Solar in the two years since TheStreet broke the news that First Solar was keeping ordinary investors in the dark? That is, other than the stock going on a rollercoaster ride from $80 to $12 to $40? Well, last Friday the SEC charged Polizzotto, who is no longer with the company, with violating Reg FD on the matter. (For the record, Rosenbaum is no longer with TheStreet either.) Polizzotto agreed to pay $50,000 to settle the SEC's charges, without admitting or denying the findings. The SEC did not bring an enforcement action against First Solar because of "the company's extraordinary cooperation with the investigation among several other factors." (Also for the record, that's a load of crap.) "Polizzotto offered previously undisclosed information to select analysts and institutional investors and left the rest of First Solar's investors in the dark," Michele Wein Layne, director of the SEC's Los Angeles Office, said in a statement. "All investors, regardless of their size or relationship with the company, are entitled to the same information at the same time." And now you know the rest of a very, very dumb story.

Rick's Appeal

If you ask us, Rick's Cabaret (RICK) CEO Eric Langan ought to walk a mile in one of his dancers' 4-inch stilettos before whining about paying them minimum wage.

A federal judge ruled Tuesday that exotic dancers at Rick's midtown Manhattan strip club should be paid a minimum wage, proclaiming that the club unfairly classified Rick's dancers as independent contractors as opposed to club employees. A group of Rick's finest sued a subsidiary of the company in a class action in 2009, saying they received "performance fees" of $20 a pop for lap dances instead of salaries, despite adhering to the strict guidelines set by the company.

The ruling follows a string of similar decisions regarding the rights of topless talent and opens the door for 1,900 current and former Rick's Cabaret dancers to seek back wages from the club. Rick's is appealing the decision and moving that the class be decertified. Shares of Rick's, which owns and operates over 40 jiggle joints and restaurants across the country, sank nearly 2% Wednesday. "Unlike shoe-shine employees at an airport, topless dancers are the 'main attraction' at a topless nightclub and obviously very important to the business of the nightclub," wrote U.S. District Judge Paul Engelmayer, adding that Rick's draconian rules forbade chewing gum, "bad attitudes" and body glitter. We heartily agree, your honor. And we can only imagine the difficulty you faced in visualizing this case, especially when you were forced to examine exhibits A through double D. Rick's legal team contended that the cash earned for lap dances counted as wages. Langan also argued that dancers who can stuff up to $1,000 dollars in their pockets, er, panties on a good night are too well compensated to deserve the minimum wage. Engelmayer, however, didn't buy Rick's wage argument and he actually cited Langan's own pretrial deposition statement that "the most important thing to the Rick's Cabaret brand is that it has entertainers" in his decision. "Without the girls, we're just selling overpriced beers at a sports bar with bad TVs," said Langan in his testimony. Nice going, Eric, way to sink your own case. Here's a tip for you: Pay the money and let it go. You've already changed your corporate labor practices so this type of occurrence won't happen again. And as you mentioned in your press release, this verdict affects a subsidiary of yours, not the parent company. The only thing you are doing by pushing this case any further is directing attention to yourself and not your company's asses, er, assets.

Ova And Out

Note to the geniuses at OvaScience (OVAS): Overlooking the FDA when launching a new drug is generally not a keen idea. In fact, it's overwhelmingly dumb.

The biotech company's stock was overrun by sellers Wednesday, sinking over 21% to $11 after the company said federal regulators are inquiring about the status of its fertility treatment Augment. The FDA instructed OvaScience to file an investigational new drug application for the product, which would require additional rounds of testing and will likely keep Augment off the U.S. market for years.

In a press release, OvaScience announced it was suspending enrollment of Augment trials in the U.S. while it has further discussions with the FDA. In the meantime, the company said it is moving forward with plans for enrollment outside of the country. Put simply, OvaScience believed Augment was a cellular- and tissue-based product, also known as a 361 HCT/P, and, as such, could be marketed commercially without FDA oversight or review as drug. As a result, the company -- knowingly or unknowingly -- neglected to ask the FDA if it agreed with its characterization of Augment and proceeded until the FDA shut it down. Or, in even simpler terms, OvaScience tried an end-around, but its FDA overlords put an end to it. Worst of all, the company's stock was in overdrive prior to its being sucked under. OvaScience shares closed Tuesday at $14.28, up more than 70% for the year. Also, just last week Wedbush analyst Zarak Khurshid initiated coverage of the company with an "outperform" rating and a $20 target. That very same day, the company's CEO Dr. Michelle Dipp triumphantly rang the opening bell at the Nasdaq. We have a feeling that Khurshid is thinking that OvaScience outperform over right now. Don't you think?

This weekend is the fifth anniversary of Lehman Brothers filing for bankruptcy. To mark the less-than-auspicious occasion, we are reprinting the Lehman entry from our Sept. 19, 2008 list. Enjoy the trip down Dumbest lane! Lamenting Lehman

"It's a tragedy ... Bobbie (Lehman) is spinning in his grave."

That's what long-time Lehman Brothers partner Herman Kahn said following the firm's sale to Shearson/Amex in 1984, according to Greed and Glory on Wall Street: The Fall of the House of Lehman by Ken Auletta. If he was rolling over then, one can only imagine what Bobbie's doing now. He should be haunting former CEO Dick Fuld for driving the 158-year-old firm into the ground. With so much stupidity still swirling around Lehman's sudden demise, the Five Dumbest Lab selected a few items too good to pass up before saying our final goodbyes: Leaving on Top: Institutional Investor awarded Lehman Brothers the top spot this week in its annual All-America Fixed Income Research Team rankings, defending its title for the ninth straight year. Bove's Bungle: "I still believe that this is one of the best companies on Wall Street and that it has value well beyond its current stock price. Therefore, the stock remains a buy," said Ladenburg Thalmann analyst Dick Bove on Sept. 11 with the stock's price at $7.25 and sinking. Asleep at the Board: What's especially revealing about Lehman's demise is the average age of its 10-member board: 74.3 years. Their backgrounds are even more revealing. Counted among the board are such business bastions as a theater producer and a Navy admiral. Anyone still wondering why things fell apart? We won't even ask if anyone believes they earned the $360,000 in average compensation they received. Waxman Pathetic: "Our hearings will examine what went wrong and who should be held to account," Henry Waxman, the Democratic congressman from Los Angeles, said Wednesday when he announced hearings that will include Dick Fuld and former AIG (AIG) CEOs Robert Willumstad and Maurice "Hank" Greenberg. That's the kind of decisive response we've come to expect from Congress. Fuld's Farewell: "The past several months have been extraordinarily challenging. For some of you, the firm has been your home for decades. For others, less than a year. For all of us, it has been far more than a place of employment. It has been a source of pride." Email from Richard Fuld, CEO of Lehman Brothers, 1994-2008. Yes, Dick, you've got plenty to be proud of. -- Written by Gregg Greenberg in New York Follow @5gsonthestreet

Disclosure: TheStreet's editorial policy prohibits staff editors and reporters from holding positions in any individual stocks.

Will a Recent Deal Help US Airways Continue to Rise?

With shares of US Airways (NYSE:LCC) trading around $23, is LCC an OUTPERFORM, WAIT AND SEE, or STAY AWAY? Let's analyze the stock with the relevant sections of our CHEAT SHEET investing framework.

T = Trends for a Stock’s Movement

US Airways operates and owns passenger and freight airline carriers. Consumers and companies across the nation are now looking to travel at an increasing rate, and since air travel is quicker and less expensive, it is becoming a common transportation method for many. As costs decrease and flights become more efficient, look for business and retail customers to fly more than ever.

The stalled merger between US Airways and AMR Corp.'s (AAMRQ.PK) American Airlines will finally be going through, as the airlines on Tuesday reached a settlement with the U.S. Department of Justice, which had sued to block the merger. And according to a report from Bloomberg, it doesn't look as if the airlines are giving up very much at all in the settlement; the two will move forward with their merger more or less as planned.

T = Technicals on the Stock Chart Are Strong

US Airways stock has been surging higher in the past several years. The stock is currently trading near highs for the year and looks ready to continue. Analyzing the price trend and its strength can be done using key simple moving averages. What are the key moving averages? The 50-day (pink), 100-day (blue), and 200-day (yellow) simple moving averages. As seen in the daily price chart below, US Airways is trading above its rising key averages, which signals neutral to bullish price action in the near-term.

Source: Thinkorswim

Taking a look at the implied volatility (red) and implied volatility skew levels of US Airways options may help determine if investors are bullish, neutral, or bearish.

	Implied Volatility (IV)	30-Day IV Percentile	90-Day IV Percentile
US Airways Options	49.19%	53%	51%

What does this mean? This means that investors or traders are buying a significant amount of call and put options contracts compared to the last 30 and 90 trading days.

	Put IV Skew	Call IV Skew
December Options	Flat	Average
January Options	Flat	Average

As of Thursday, there is average demand from call buyers or sellers and low demand by put buyers or high demand by put sellers, all neutral to bullish over the next two months. To summarize, investors are buying a significant amount of call and put option contracts and are leaning neutral to bullish over the next two months.

On the next page, let’s take a look at the earnings and revenue growth rates and the conclusion.

E = Earnings Are Mixed Quarter-Over-Quarter

Rising stock prices are often strongly correlated with rising earnings and revenue growth rates. Also, the last four quarterly earnings announcement reactions help gauge investor sentiment on US Airways’s stock. What do the last four quarterly earnings and revenue growth (Y-O-Y) figures for US Airways look like and, more importantly, how did the markets like these numbers?

	2013 Q3	2013 Q2	2013 Q1	2012 Q4
Earnings Growth (Y-O-Y)	-16.13%	-9.09%	-7.14%	63.41%
Revenue Growth (Y-O-Y)	9.11%	2.96%	3.45%	3.90%
Earnings Reaction	-2.5%	2.49%	5.02%	1.48%

US Airways has seen decreasing earnings and rising revenue figures over the last four quarters. From these numbers, the markets have been upbeat about US Airways’s recent earnings announcements.

P = Average Relative Performance Versus Peers and Sector

How has US Airways stock done relative to its peers – Southwest Airlines (NYSE:LUV), Delta Air Lines (NYSE:DAL), and United Continental (NYSE:UAL) — and sector?

	US Airways	Southwest Airlines	Delta Air Lines	United Continental	Sector
Year-to-Date Return	74.96%	77.05%	134.6%	56.54%	70.51%

US Airways has been an average relative performer, year-to-date.

Conclusion

US Airways is an airline that operates passenger and freight planes. The stalled merger between US Airways and AMR Corp.'s American Airlines will finally be going through. The stock has exploded higher in 2013 and is currently trading near its yearly highs. Over the last four quarters, earnings have been decreasing while revenues have been rising, which has produced optimistic investors. Relative to its peers and sector, US Airways has been an average year-to-date performer. Look for US Airways to OUTPERFORM.