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"It is in vain, sir, to extenuate the matter. Gentlemen
may cry, Peace, Peace-- but there is no peace. The war is actually begun!
The next gale that sweeps from the north will bring to our ears the clash
of resounding arms! Our brethren are already in the field! Why stand we
here idle? What is it that gentlemen wish? What would they have? Is life
so dear, or peace so sweet, as to be purchased at the price of chains
and slavery? Forbid it, Almighty God! I know not what course others may
take; but as for me, give me liberty or give me death! " Patrick
Henry, March 23, 1775
---------------------------------------------------------------------------------------------- Headlines--- Alert---American
Capital Group, Orange, California The
Funding Tree---"I Really Didn't Know." eLessors
2003 Lease Syndication Showcase---March 10 DC buzz: Administration mulls
Mineta replacement Teamsters
vote to authorize strike; talks with carriers set to resume
Nation's Top Industry Leaders and Economy Experts
Optimistic
--sponsored by Beverly
Hills Chamber of Commerce Leasing Transactions
- Reporting Requirements Hal
Richters Accord Financial Group, is seriously ill and under hospice care Cisco
Sees No Upturn Soon for Technology Spending Comdex
planners file for Chap. 11 Weak
economy, donor wariness/daunting year for America's charities NASA
Reportedly Hacked Hours After Columbia Was Lost GE
Consumer Finance to Acquire First National --please
see Jeff Underwood’s comments from Great Britain--- Lions,
Mariucci complete terms on five-year deal Special:
Economic Woes Hit Law Firms (Expect
more new law firms, smaller) ### Denotes Press
Release Pictures from the Past----- 1986—WAEL Board of Directors “Outgoing members of the 1986 Board of Directors received
plaques for their time and efforts in leading the membership from 1986
President Ted Parker, left; standing with plaques from left to right:
Jim Swander, RSN Equipment Leasing, Santa Clara, CA; Hal McAfee, Pacific
First Leasing, Novato, CA; Sudhir Amembal, Amembal & Isom Lease Consultants,
Salt Lake City, UT; John Torbenson, and
John Torbenson, Heritage Equipment Financing Corp.” 1987, Western Association
of Equipment Lessors Newsline --------------------------------------------------------------------------------------------- Classified Ads---Help Wanted SALES:
Lessor/Broker seeks experienced small - mid ticket reps (IT, Furniture,
Telcom, Medical and General), 2 in CA, 2 Nationally and 2 in NE. Must
have a book of business. Qualified Vendor leads available, strong commission
& support, Draw and benefits. Call 617-641-9628 ext.11 or email MarkG@IntegrityLeasing.com
Sales:
LCA is a small ticket leasing company seeking results-oriented, qualified
sales professionals with outstanding performance in the lease industry.
We offer competitive salary, commissions and benefits. Fax: 248-524-0267
email: kbernia@leasecorp.com Sales:
Lessor/Broker-Arizona- need experienced mid-market salesperson, location
open, strong medical bkrnd pref. Top comm, draw, benefits. Call John Torbeson 888 607 6800 john@odysseyequipfinance.com Sales:
Small ticket leasing reps, General equip. & medical, Municipal Vendor
leads are provided. Fred
St Laurent freds@bwresults.com 44 “Jobs Wanted” ads at: http://65.209.205.32/LeasingNews/JobPostings.htm _________________________________________________________________ Alert---American
Capital Group, Orange, California Do you have any information on American Capital Group of
Orange, Ca. They have one of my
vendors on hold for $450,000 since December
1, 2002. I know they are
not a direct funder and the deal is in Ohio. We had the client approved
for 8% and blew the deal. Any
help would be appreciated. After my company, JLS Leasing
Company, was acquired by Sky Bank, I went in-house to form their leasing
program. It was a two-year short-lived
experience. We then formed Bankers Network Leasing in 2000
and now serve as a conduit or correspondence with 15 Banks located throughout
the US. We work direct with
the Commercial Lenders. We provide a full
range of financial services and products to many leading restaurant chains,
Franchisors, Franchisees, Retailers and Grocery/C-Stores. We are not limited to the number of units,
expansions or start-ups as long as the guarantors are "A" credits.
We specialize in Equipment Leasing/Financing, Project Build-out
Financing, Franchise Financing and Tenant Representation. We work with
many of the leading Real Estate Developers and are members of the
ICSC (International Council of Shopping Centers) and the NAELB. We are looking
to you for suggestions. With appreciation, Jerry Sweed Bankers Network
Leasing 330-965-0509 330-965-0609 (Fax) jlsleasing@zoominternet.net 6551 Lockwood
Blvd. Suite 3 Boardman, Ohio
44512 ---------------------------------------------------------------------------------------- The
Funding Tree---"I Really Didn't Know." “ I quit today!! I feel a lot better!! “ ( name with held
) http://www.leasingnews.org/#bulletin -------------------------------------------------------------------------------------------------- Conseco
Filings Announced Conseco, Inc. announced that at the request of CFN Investment
Holdings, LLC, 18 additional Conseco Finance Corp. subsidiaries filed for
Chapter 11 protection with the U.S. Bankruptcy Court in the Northern
District of Illinois. Mill Creek Bank and Green Tree Retail Services
Bank were not included in the filing ------------------------------------------------------------------------------- ### ######################################### eLessors
2003 Lease Syndication Showcase---March 10 Matching Buyers With Sellers In The Commercial
& Municipal Syndication Markets The Ritz-Carlton, Buckhead | Atlanta, GA About The Lease Syndication Showcase... An exclusive group of syndication professionals from the
commercial and municipal equipment leasing markets will participate in
an upscale, professionally intimate showcase at the elegant Ritz-Carlton,
Buckhead hotel in Atlanta, GA on March 10th, where innovative promotion
of lease syndication deal flow and relationship enhancement will be introduced.
Dress Code - Business please. How It Works... We've found an alternative to the train wreck culture of
traditional conferences and funding source expositions where multitudes
of spectators do not necessarily contribute to a productive networking
experience. The Lessors Network delivers an intimate, upscale event where
a smaller group of syndication professionals from the buy and sell sides
are carefully screened and invited based on their networking value to
this exclusive theme specific showcase.
Invitation Only Policy This showcase is designed to facilitate unprecedented interaction
between all Attendees, Exhibitors and Sponsors via the exchange and distribution
of 2003 Syndication Profiles and Syndication Term Sheets. The Networking Suite welcomes you and your guest to a warm
and relaxed enclave of elegance - a place where your privacy is always
respected, complimentary refreshments are served. Exhibitor's 2003 Syndication
Profiles and Syndication Term Sheets will be available all day from tabletop
exhibits in the Networking Suite and will be distributed immediately preceding
each Exhibitor's presentation in the General Session. General Session presentations will help you identify and
evaluate prospective syndication resources for your equipment leasing
activities. Registered Exhibitor Speakers (syndication professionals)
from the buy and sell sides will alternate delivering oral presentations
(no PowerPoint) profiling their company's 2003 syndication strategies.
The Networking Reception, a new standard in distinctive elegance
and business sophistication, represents a key networking opportunity.
While tabletop exhibits provide convenient access to Exhibitor representatives
and their promotional material, all Attendees are invited to exchange
2003 Syndication Profiles and Syndication Term Sheets with other Attendees,
Exhibitors and Sponsors during the Networking Reception. It's all about networking, and when you leave this event
you'll know everything you need to know about which companies are selling
and which companies are buying in 2003. Program at a glance: http://www.lessors.com/Events-2003/Syndication/program.html Invitation Request: http://www.lessors.com/Events-2003/Syndication/inv-syn.html ######## ###################################### ----------------------------------------------------------------------------------------- DC buzz:
Administration mulls Mineta replacement Landlinemag.com The Official Publication of the Owner-Operator Independent Drivers Association According to the Washington Whispers column of U.S. News
& World Report, " administration officials are bracing for the
resignation of Transportation Secretary Norman Mineta, the 71-year-old
former Clinton Cabinet member who suffers from painful back ailments."
Paul Bedard writes the column. "Insiders say that House
Secretary Mel Martinez...is being touted as Mineta's replacement,"
Bedard's column says. Mineta recently underwent surgery at Walter Reed Army Medical
Center to relieve long-standing back pain related to disk stress and scoliosis,
a curvature of the spine. Mineta, a former San Jose, CA, congressman, recently spent
a few weeks at the hospital, holding meetings and telecommuting from his
hospital bed. ------------------------------------------------------------------------------------ Teamsters
vote to authorize strike; talks with carriers set to resume Landlinemag.com The Official Publication of the Owner-Operator Independent Drivers Association The members of the Teamsters Union have voted to authorize
a strike against companies represented by the Motor Freight Carriers Association,
the union announced Feb. 3. In a statement, union representatives said 95 percent of
the members who voted favored authorizing a strike. The vote was called
after negotiations with the carriers' group broke down in late January.
The MFCA, a national trade association, represents unionized
general freight carriers such as ABF Freight System, Roadway Express,
Yellow Freight and USF Holland. The Teamsters and the MFCA said the break
in talks - which the MFCA described as a "temporary recess"
- was caused by differences over wages and benefits. However, just as the strike vote was wrapping up, the two
groups said they would resume negotiating Feb. 5 in Chicago, the union
said. "The strike vote has already had an impact by leading
to a quick return to talks later this week," Teamsters General President
Jim Hoffa said. "Both sides have had an opportunity to fully review
and evaluate their respective wage and benefit proposals," Tim Lynch,
President and CEO of the MFCA, said in a statement. "We look forward
to returning to the bargaining table and resolving these final remaining
issues." The agreement between the groups, which expires March 31,
covers 65,000 members of the Teamsters Union. Smaller carriers that traditionally adopt similar contracts
employ another 20,000 Teamsters, the union said. --------------------------------------------------------------------------------------------------- ############## ########################################### Nation's Top Industry Leaders and Economy Experts Optimistic
on This Year's Outlook at Economic Summit 2003 sponsored by the Beverly
Hills Chamber of Commerce (Please don’t laugh---Read the story. editor) BEVERLY HILLS,
Calif.----- According to conclusions
reached by 18 of the nation's foremost business and economic experts today
at the Economic Summit 2003, which was hosted by Beverly Hills Chamber
of Commerce and Civic Association and attended by 300 of the region's
top business leaders, Southern California can look forward to continued
growth in the real estate market, while anticipating improvements in the
technology and local tourism industries and trade with China -- all positively
impacting the state of the region's economy in the coming year. The Summit showcased
three industry economic panels, each comprised of five speakers who addressed
the economic realities facing Southern California's economy, the effects
of the digital revolution on the entertainment industry, as well as the
global economy's impact on the local economy. "Our region
represents more than half the entire Californian economy," said Ali
Soltani, President of the Beverly Hills Chamber of Commerce and Civic
Association. "This event brings together the top minds in economics
available with business leaders who want to be ahead of trends." Leading figures
from the area's top financial industry firms and UCLA's Anderson Forecast
delivered overall optimistic predictions about international and maritime
trade, the entertainment and real estate industries, and the domestic
hotel/tourism outlook for Southern California in the coming year. "With the
ports of Los Angeles and Long Beach combined, we're handling 65% of the
nation's entire cargo," said Larry Cottrill, Assistant Planning Director/Manager
of Master Planning for the Port of Long Beach. "Long-term forecasts
predict a 5% to 6% average growth rate in container trade." "The entertainment
industry can look toward a fairly positive year as well," said Walter
Zifkin, CEO of the William Morris Agency. "I would
rate the entertainment industry a seven out of ten for 2003," said
Zifkin. "This will
be a strong year for music and television, as well as reality TV. Together
with recent technological changes, the entertainment business is also
experiencing growth from expanding into Latin America, Asia and Eastern
Europe. The forecast is very good." Another market
that is showing strength for the coming year is residential real estate. "Real estate
prices are going through the roof -- the region is realizing record increases
in housing prices, especially in L.A. and Orange County thanks in part
to record low interest rates," said Christopher Thornberg, Senior
Economist with the UCLA Anderson Forecast. "It's a good time to buy
real estate. Additionally, there is also a substantial spike in rental
demands." Commercial prospects are not quite as bright in San Francisco
where some real estate businesses are converting commercial properties
into residential rentals to capture the spike in that market. As far as the
region's tourism industry is concerned, Bruce Baltin, Senior Vice President
of the Los Angeles office of PKF Consulting, noted that San Diego, along
with other up-and-coming destination resorts in Carlsbad and Dana Point,
saw a phenomenal 20% growth in this past year. "Benefiting
from the downturn in air travel, cities like San Diego are enjoying intra-state
tourism from Los Angeles residents. The hotel industry is figuring out
that the domestic market is the main target," said Baltin. In kicking off
the Summit's second panel discussing the impact of the digital revolution
on Southern California's entertainment industry, Charles "Frank"
Stirling, Executive Director of Digital Cinema for Space and Communications
Services for Boeing, noted, "The creative community is now finding
more flexibility with content using digital cinema. With digital (technology),
the entertainment industry can digitally represent characters, change
scenes, adding new elements to the entire creative process from capture
to post-production to distribution." The panelists,
Scott Dinsdale, Executive Vice President of Digital Strategy for the Motion
Picture Association and the Motion Picture Association of America; David
Elliot, President of Technicolor Entertainment Services; and Kurt Hall,
Co-Chairman and Co-Chief Executive Officer of the Regal Entertainment
Group, all agreed that digital cinema would become the buzzword in the
coming years. In addition, they noted the positive progress that digital
cinema had undertaken in the past few years. "It's not
if digital cinema would come, but when," said Hall. "And the
audience is starting to recognize that." The panelists also addressed
the challenges facing digital cinema, such as piracy before or during
a movie's theater release. "There are
two important issues where that's concerned," said Dinsdale. "Firstly,
how secure is this movie when it gets to the theater in digital form,
and how hard is it for people to duplicate copies of it? Secondly, projected
images from a digital movie will be more difficult to capture on camcorders
than the traditional 35mm film reels." Panelists in the
third and last group talked about the global economy's effect on regional
economies. All speakers agreed on the importance of China's emerging economy
on the U.S. economy. "China is
clearly a major producer, more so than Japan," said Dr. John Silva,
Chief Economist at Wachovia Securities. "It is definitely a plus
for the American consumer to be heading that way." Another strong
market trend is the move toward the technology sector. "It's my
number one bet for the next year," said Dr. Silva. "Technology
is perhaps the one market that will experience growth, because people
realize that technology is always evolving, always changing -- it's here
to stay." All the panelists
were fairly optimistic about how the economy would fare in the coming
year. "We are in
the midst of a modest recovery that is similar to the 1991 economy,"
said Thomas McManus, Managing Director and Chief Investment Strategist
at Banc of America Securities LLC. "And because we went into the
recession gradually, we will exit gradually. We should see a recovery
beginning in mid-2003." Still, the speakers
advised caution and patience on the consumer's part, while weathering
out the volatility of the economy. "Improvement
in consumer confidence may actually allow the stock market to do a little
better," said John Manley, JR, CFA Managing Director of Salomon Smith
Barney. "In a recession, investor confidence is mostly needed for
the economy to pick up. The numbers will tend to go higher then." The Economic Summit
2003 was produced by Beverly Hills Chamber of Commerce & Civic Association
in partnership with The Milken Institute. Presenting sponsor was Zurich
Capital Holdings. Session sponsors were City National Bank and Bank of
America. Additional sponsors of the Economic Summit included corporate
sponsors Beverly Hills BMW, Rolls-Royce of Beverly Hills, and Wachovia
Securities; supporting sponsors Beverly Hills Ltd. Mercedes-Benz, HSBC,
Southern California Edison, Union Bank of California and William Morris
Agency; cooperating sponsors United States Chamber of Commerce and Century
City Chamber of Commerce; and media partners Media Networks, Inc., Los
Angeles Business Journal and The Hollywood Reporter. Sponsored By Beverly
Hills Chamber Of Commerce And Civic Association, the second largest Chamber of Commerce in Los
Angeles County, and has served the business community of greater Beverly
Hills since 1923. ############### ################################ We Get Letters------------- I saw the piece that you had on on-line auto shopping and
I will attest to the fact that it works. I purchased a 1 year old Mercedes S500 through e-bay motors and the entire transaction went smoothly.
You can log on, find the car you want, arrange payment through Pay
Pal, and have the car shipped to you (that cost an extra $800 but well
worth it) My car had 15,000 miles on it and was still under warranty
(is still under warranty). The
local Mercedes dealer had the same identical model with higher mileage at a price tag that was $14,000 higher
than my bid on e-bay. I actually had to participate in several auctions to get
the car I wanted at a price I was willing to pay but that entire process
was a blast! Once the transaction
was completed, the seller arranged for shipping and the car arrived a few days later in perfect
condition. The e-bay "seller", where I bought my car, has
become one of the largest pre-owned Mercedes dealers in the US because of e-bay. He
reportedly sells more than 1000 pre-owned Mercedes a year just on e-bay.
I will definitely do it again and would highly recommend it to anyone
who doesn't like the hassle that is usually associated with buying
a car. Bob Rodi, CLP President LeaseNOW, Inc. www.leasenow.com drlease@leasenow.com 1-800-321-LEASE (5327) x101 (Also received several requests for the top ten auto web
sites again: 1) EBay Motors (www.ebay.com/ebaymotors) 2) MSN Autos (autos.msn.com) 3) Kelly Blue Book (www.kbb.com) 4) AutoTrader.com (www.autotrader.com) 5) Edmunds.com (www.edmunds.com) 6) Autoweb.com (www.autoweb.com) 7) Ford Motor Co. (www.ford.com) 8) Yahoo Autos (autos.yahoo.com) 9) Cars.com (www.cars.com) 10) Autobytel (www.autobytel.com) http://www.leasingnews.org/#online --- FirstCorp Kit you handled the Firstcorp story professionally and with
a lot of class (as you do with all the rumors you attempt to get to the
bottom of). I appreciate the way you kept/keep the identity of those providing
the details nameless if they request. Looks like we got this one right. Keep up the good work TKs again Frank Washburn
<fwash@att.net> http://www.leasingnews.org/archives/February%202003/02-03-03.htm#first -- Even though I am out of circulation until June, I still find
your site the most interesting on the web. I look forward to each days issue. Keep up the great work. Gary W. Psaledas Fisher4444@aol.com I find your newsletter very informative and a "must have" job tool. Thanks Shelia Barge sdb@acsitx.com --- I got it!! (www.leasingnews.org) I just have to get use to pulling up rater than it popping
up on my email everyday. To tell the truth, pulling it up is probably better for me. thx, Norman de Lapouyade NDelapouya@aol.com SunShore Leasing Corp (We are working on an HTML version, but we do not have the
advertisers or money to pay for its operations, so we are going to offer
it on a subscription basis to cover costs.
If enough readers are interested, it will join our original text
version and website version. We
will continue the original text version and website version for free. (If it passes our
advisory board, look for it by Valentine’s Day. Editor)
Regulate the Leasing Industry Subject: LEASECOMM Date: Tue, 4 Feb 2003 15:13:06 -0800 To: loganadam@juno.com Cc: Kit Menkin <Kitmenkin@leasingnews.org> From: Juliet Weir <Juliet@virtuallydirt.com> You guys might be interested to find that there are a colossal
number of complaints generated by Leasecomm. I have decent credit and
do not want to damage it by closing my account strictly. What I
am doing is going back onto the broker who brokered my account to Leasecomm
in the first place since they apparently did so at exactly the
time that Leasecomm was failing. They were also apparently aware since
there had been some less than subtle signs of the impending sinking.
I have located an attorney in Mass. who is reviewing my contract.
In the mean time it is simply astonishing to me that this industry is
so grossly unregulated and out of control . I run an excavating and stone company. I am also an engineer.
Any idiot with $100k can get on a machine and call themselves an excavator, but thankfully, local jurisdictions, licensing stipulations
and bonding requirements serve to weed out those fly-by-night operators
simply out to scam people. And a professional engineering license generally
takes on average seven (7) years to obtain while one works essentially as a 'resident' to another engineer.
I wonder Kit if there are similar safety nets in place to
regulate the leasing industry. Given their position of power is it time
to implement some of these constraints? Sincerely, Juliet Weir ----- Original Message ----- From: Glenn Harrison To: juliet@virtuallydirt.com Sent: Monday, February 03, 2003 5:48 PM Subject: LEASECOMM CLOSE YOUR BANK ACCT and get a lawyer. A good lawyer should be able to get you out of your lease. These people are so crooked almost everyone is stopping payment
and getting away with it.” They're running out of money to pay their lawyers. (If you elect not to make a payment, at least put it in a
“trust account” or “savings account” to show the court that you are not trying
to avoid making the payments as per the lease contract. (And if you are trying to get out of a lease, you want “bad”
lawyer. You know the old joke, is he a criminal attorney? Yes, very. Or perhaps a better one for the advice given, Do you know how to make an attorney
scream? Don’t pay him. (Seriously, we have been writing about Leasecomm for quite
some time. http://www.leasingnews.org/Conscious-Top%20Stories/leasecomm.htm (One of the points is that attorneys and court costs are
expensive in many states. California you can go to Small Claims Court
for under $5,000. (Various states have laws regarding advance rentals, contracts
of all kinds, usury laws, and all types of regulations. As important, Microfinancial dba Leascomm is a publicly held company and also under the laws of the SEC. They are quite well regulated, as was Enron, Worldcom, Tyco, to name a few. Crooks will
find ways around all regulations. I happen to believe the long arm of the law eventually gets them. Perhaps they are not punished enough, but you better believe their lifestyle changes (You know I think the Better Business Bureau is a great resource, but in all the complaints, we find BBB has been there ahead
of us with many complaints, such as Leasecom. There are also
several web sites that warn people not to do business with Leasecom.
Evidently applicants did not see them before they did business with
this company. (So what is the answer---be sure you know who you are doing business with, starting with the salesman or the broker. See if they belong to a professional organization, ask them for references, and if it is a vendor who refers you, ask them how long they have known the individual. (In your business, when you grant credit to do work, meaning don't get paid up front, how do you decide you want to do business with the client?
Or if you get 50% down, how do you know you are going to get the rest? I bet if you know who you are dealing with---no amount of regulations is going to overcome that simple, common sense act. Editor) http://www.leasingnews.org/Conscious-Top%20Stories/leasecomm.htm Leasing
Transactions - Reporting Requirements From: "Carl Villella,Jr." <CVillella@msn.com> Kit, this just arrived to me through our local leasing association.
I thought you my be interested. Carl Villella, CLP Subject: Leasing Transactions - Reporting Requirements Pittsburgh Leasing
Association Members: For those of you
struggling to understand FASB Interpretation No. 46, I want to point out that in addition to keeping the FASB happy,
we must also contend with the
SEC and the Sarbanes-Oxley Act of 2002. Attached is a Bulletin
authored by our Kim Sachse, which analyzes the SEC's new rules regarding disclosure of off-balance sheet
arrangements. Note that the SEC defines
"off-balance sheet arrangement" to include obligations described in FASB
Interpretation Nos. 45 (Guarantees) and 46 (Variable Interest Entities).
The SEC has been talking to the FASB?
Amazing. Note also on pp.
3-4 that this disclosure obligation reaches Operating and Capital Leases under
SFAS No. 13. I'm no expert on
Sarbanes-Oxley, but Kim's phone number and e-mail address are on page 1 of
the Bulletin if you want to talk to someone who is. Cheers. William J. Smith Reed Smith LLP 435 Sixth Avenue Pittsburgh, PA 15219 Phone: 412-288-3306 Fax: 412-288-3063 Mobile: 412-849-8213 e-mail: wsmith@reedsmith.com Here is the Bulletin:
Hal Richters, Accord Financial Group, is seriously ill and
under hospice care. Address is 19 North Pearl Street, Suite 2, Covington, OH
45318. Hal was an early member of NAELB (perhaps a Charter Member). His
fine son, Doug, is in the business. doug@accordlease.com Those of you in the industry who know Hal might want to offer
prayers to ease his pain and suffering. charlie bancroft BANCROFT LEASING 800-414-1308 901-761-2156 901-767-0060 Fax CHARTER MEMBER-NAELB __________________________________________________________________ Cisco Sees
No Upturn Soon for Technology Spending By MATT RICHTEL New York Times Santa Clara, CA, — Cisco Systems Inc., the largest maker
of Internet network equipment, reported today that its sales held steady
last quarter amid a continued technology downturn. But, in remarks that
suggest an upturn is not imminent, Cisco's chief executive said customers
had grown even more cautious about spending. The chief executive, John T. Chambers, said that corporate
executives seem to be holding tighter to their purse strings and that
geopolitical uncertainty has had a "dampening effect" on the
economy. Cisco is hearing "even more conservative attitudes from
executives than we heard a quarter ago," Mr. Chambers said in a conference
call with Wall Street analysts to report fiscal second-quarter earnings.
Mr. Chambers said that he was optimistic about the long-term outlook for
Cisco, but that he was "a little more cautious than last quarter"
about the company's near-term prospects. As business leaders look for signs indicating when the economy
will show some vigor, Cisco's anecdotal evidence suggests continued weakness
not just in the technology sector but in numerous businesses where Cisco
sells nearly $20 billion a year in networking equipment. Cisco reported second-quarter earnings that were essentially
in line with its projections and with the estimates of Wall Street analysts.
Sales were $4.71 billion, down from $4.8 billion in both the first quarter
and in the second quarter of last year. Earnings were 15 cents a share pro forma, a figure that excludes
costs related to acquisitions. That compares with 9 cents a share in the
period a year earlier. Wall Street analysts were expecting earnings of 13 cents
a share. The company projected that its revenue for the third quarter,
which ends April 26, should be flat to down 2 percent to 3 percent. Industry analysts, as well as Cisco, said one cause for optimism
was the company's gross margin, a closely watched measure that calculates
sales minus the cost of producing goods. Cisco had second-quarter gross
margins of 70.4 percent, a strong figure generally speaking, and among
Cisco's better performances. In the previous quarter, the company's gross
margin was 69.3 percent. Larry R. Carter, the chief financial officer, attributed
the higher gross margins to cost savings, notably lower component costs
and greater manufacturing efficiencies. He said that he expected gross
margins to fall next quarter to 68 to 70 percent, in part because it is
a slower season for the company. Barry Jaruzelski, who oversees the global technology practice
for Booz Allen Hamilton, a consulting company, said Cisco appeared to
be holding its own "in spite of this hellacious environment."
He added, however, that Cisco faces several challenges before it can return
to being a major growth business, let alone the juggernaut that it was
during the Internet boom. "They're executing within a nasty environment and sustaining
their financials," Mr. Jaruzelski said. He added, "this is an
execution story, not a growth story; they are living within their means." Several industry analysts said that Cisco needed to continue
to break into new markets to supplement its core businesses of selling
routers and switches, the basic equipment that corporations use to build
computer networks. David Willis, an analyst with Meta Group, said those markets
were mature and did not offer Cisco much chance for growth unless the
company took market share from competitors. Mr. Chambers, who has said that he is focusing Cisco on new
businesses, elaborated during the call with analysts. He said the company
was spending 40 percent of its research and development on emerging areas,
including technology used for wireless communications, computer security
and storage, and transmitting voice over data lines. Mr. Chambers also addressed the issue of dividends, which
the company does not pay. He said Cisco did not have a "religious
position on dividends" and would continue to monitor the issue in
light of President Bush's proposal to cut taxes on dividends. But Mr.
Chambers noted that shareholders last November defeated by an overwhelming
margin a proposal to disburse dividends. ----------------------------------------------------------------------------------------------- Comdex
planners file for Chap. 11 By Dean Takahashi San Jose Mercury News Battered by economic fallout from the Sept. 11 attacks and
the tech slowdown, the organizers of the Comdex computer trade show filed for bankruptcy protection
Monday and agreed to be acquired by San Francisco investment firm Thomas
Weisel Partners. Key3Media filed for Chapter 11 protection in federal bankruptcy
court in Delaware. The company said it would continue to operate a reduced
number of events, including Comdex Fall in Las Vegas, Seybold Seminars
in San Francisco, NetWorld+Interop in Las Vegas, JavaOne in San Francisco,
as well as a variety of smaller shows. The company's negotiated reorganization plan is supported
by Thomas Weisel Capital Partners, the merchant-banking affiliate of Thomas
Weisel Partners, which in the past 90 days has acquired about 68 percent
of Key3Media's bank debt and 38 percent of its bonds. Fred Rosen, chief
executive of Key3Media, said the plan is aimed at cutting the company's
debt so it can operate profitably. ``This will rationalize our capital structure, and allow
us to keep operating,'' he said in an interview. In a statement, Lawrence Sorrel, managing partner of Thomas
Weisel Capital Partners and director of private equity at Thomas Weisel
Partners, said his firm plans to work closely with current management
to turn around the business and position it for long-term growth. Reducing debt Through the recapitalization plan, Key3Media will reduce
its total debt from $372 million to $50 million, and cut its interest
expense from $38 million a year to $3.4 million a year. In return for
99 percent ownership, Thomas Weisel Capital Partners has agreed to provide
$30 million in debtor-in-possession financing. Existing shareholders will
receive nothing. Unsecured creditors will hold 1 percent of the new company,
with the right to buy an additional 10 percent. Key3Media plans to emerge from bankruptcy proceedings in
90 days. The company has cut its staff from more than 600 to 349 and has
closed its Massachusetts office. The company also has cut secondary shows
like Comdex Chicago. Rosen said Comdex would continue unaffected, and he noted
that the November trade show turned out well despite the gloomy tech environment.
The show drew about 125,000 attendees, about the same number as a year
ago but far less than the 200,000-plus in 2000. But Comdex has been losing
exhibitors to the Consumer Electronics Show, which drew 116,000 attendees
in January. Mark Hughes, director of research for Trade Show Week magazine,
said numerous investors and show producers looked closely at Key3Media,
but he noted that private equity investors were most likely to buy Key3Media
because they have a higher tolerance for risk than strategic show producers
do right now. The question remains, he said, ``When will the information-technology
events industry turn around?'' In 2002, technology trade shows shrank 12 percent in companies
participating and 14 percent in attendance compared with 2001, Hughes
said. Trade shows in general were also down but not as steeply, he said. Rosen wasn't yet willing to predict how Key3Media would do
with its next Comdex show, in November. ``Everyone compares this business to five years ago and that
isn't coming back,'' he said. ``I think we're in for another difficult
year and it will get better next year and in 2005. Do you believe tech
is going away? I don't think face-to-face marketing is going away. When
the sun comes out again and business recovers, this business will come
back.'' 24 years ago Rosen, who helped turn Ticketmaster into a billion-dollar
business, said current management will continue to run the business. For
the nine months ended Sept. 30, Key3Media reported a loss of $686.2 million
on revenue of $110 million, compared with a loss of $20.2 million on revenue
of $175.1 million a year earlier. The loss included a large write-down
of goodwill. Key3Media started as Comdex about 24 years ago. Founder Sheldon
Adelson sold the business to Softbank in 1995, which merged it with the
Ziff-Davis events business. In 2000, it was spun off to shareholders with
more than $400 million in debt. ________________________________________________________ Weak economy, donor wariness add up to a daunting year for
America's charities By David Crary, Associated Press As economic troubles swell the ranks of needy Americans,
many charities are contracting rather than expanding the result of a distinctively
daunting year for fund- raisers. Charity officials say their task in 2002 was complicated
by multiple challenges not only the waves of layoffs and stock-market
plunges, but also eroded trust in some institutions, anxiety over a possible
war and donor fatigue after the generous response to the Sept. 11 terrorist
attacks. Comprehensive nationwide donation statistics for 2002 won't
be available for several months, but interviews with officials of national
charities, and an Associated Press survey of 126 charities in 44 states
and the District of Columbia made clear the breadth of the problem. Of the surveyed charities contacted from Jan. 11-20 by AP
reporters around the country 66 said donations were down from 2001, 38
said donations were up, and 22 said their financial picture was stable
or not yet determined. Some hard-hit charities are laying off employees
or leaving vacant posts open; others are considering possible service
cutbacks. Many local chapters of the American Red Cross were among
those suffering declines. National vice president Michael Farley said
direct-mail donations for most chapters were down more than 20 percent
at a time when needs were increasing. ''At the end of the calendar year, you usually see a spike
in giving in the holiday season, but this year that spike wasn't as dramatic,''
Farley said. Red Cross chapters in Denver and the San Francisco area each
reported 26 percent drops in donations. Montana's Red Cross chapter formed
just two years ago cut its budget nearly 10 percent as donations fell
30 percent below expectations. ''Our major donors can't give as much,'' said Montana manager
David Morikawa. ''They tell us they wish they could give more, but with
the uncertainty, they feel they cannot.'' United Way donations also were down in La Crosse, Wis., and
Tampa, Fla. ''We rely on people's generosity but that's one of the things
people can eliminate or reduce when they face increased costs in other
areas,'' said the Tampa agency's president, Doug Weber. ''The future is
not so certain. We might go to war. People are not sure if they'll have
a job.'' Contributions to the Salvation Army in Idaho's Canyon County
dropped by $100,000. To keep services intact, full-time positions are
becoming part-time, said Capt. John Stennett. The Red Cross chapter in California's Riverside County expects
to be down $400,000 from 2001-2002. ''It's going to mean staff reductions,
potential office closures,'' said chief executive Pamela Anderson. Philadelphia's Red Cross chapter has already laid off 13
employees, with administrative posts being sacrificed to keep the disaster
response division intact. It also was a tough year for several Roman Catholic-affiliated
charities including Baltimore-based Catholic Relief Services and Associated
Catholic Charities of Memphis, Tenn., where the $250,000 intake was about
$100,000 below normal. Catholic Charities in Cleveland, after five years of gains,
suffered a 7 percent drop in 2002. Its chief executive, Tom Mullen, blamed
the church's sex abuse scandal as well as the troubled economy. ''I certainly believe there are some folks whose trust was
eroded with the church,'' Mullen said. Donor wariness extended beyond Catholic charities, however.
David Gillig, executive director of the San Diego Children's Hospital
Foundation, said donors in 2002 were more likely to stipulate how their
gift should be used and to request a charity's financial reports. Said Megan Hansen of the Red Cross of Greater Indianapolis:
''There's a decline in the public trust of a lot of institutions, including
the nonprofit sectors.'' Allegations of mismanagement plagued the Washington-based
United Way of the National Capital Area, which has laid off 28 of its
76 full-time employees. It expects donations to drop by a third this year.
Some charities were able meet their 2002 goals because they
set modest targets. For example, Aloha United Way, Hawaii's largest United
Way chapter, raised $14.3 million in 2001, set a goal of $13.2 million
for 2002 because of worries about the economy and barely met the target.
A $240,000 gift from a foundation late in its campaign saved the day.
A $50,000 check dropped into a kettle on Christmas Eve allowed
the Salvation Army in Salt Lake City to reach its goal. There were some clear-cut success stories United Way of Central
Alabama raised $31 million, up 4 percent from 2001; CARE USA's Chicago
office, which serves 12 states, raised $2 million, compared to $1.9 million
in 2001. And some relatively small charities fared well. Women's Way,
which provides rape counseling and other services in greater Philadelphia,
boosted donations more than 10 percent. Sistercare Inc. in South Carolina,
seeking money for a new shelter for abused women, collected $299,091,
up $55,000 from 2001. In California, United Way of Silicon Valley expects to better
is 2001-2002 fund-raising despite grave regional economic problems. ''Even in workplaces with substantially fewer employees,
the overall contribution results are the same or greater,'' said Steve
Heath, marketing director for the San Jose agency. ''The employees in
many cases are actually giving more per capita.'' United Way of the Black Hills, based in Rapid City, S.D.,
squeezed past its 2002 goal of $1.7 million by just $25,000 on the last
day of the year. ''I've been here 10 years this is the hardest year we've
had,'' executive director Renee Parker said. --------------------------------------------------------------------------------------------- -------------------------------------------------------------------- NASA Reportedly Hacked Hours After Columbia Was Lost By Sharon Gaudin Internetnews.com A hacker group attacked and struck down servers at NASA's
Jet Propulsion Laboratory just hours after the Columbia space shuttle
was lost, according to a London-based security company. The attack, allegedly pulled off by a group calling itself
the Trippin Smurfs, temporarily staggered nine servers running on the
Sun Solaris operating system, according to a report issued by mi2g, a
security firm based in England. The attack was fired off as a protest
against the U.S.'s position on Iraq. Spokesmen at the Jet Propulsion Lab could not be reached
for comment. The attack lasted for about an hour and a half, approximately
seven hours after the Columbia exploded just 16 minutes before its scheduled
landing. All seven crew members were killed. The hacker group defaced
the organization's Web servers with political messages, according to mi2g.
The report also points out that this is the third time the
Trippin Smurfs have successfully compromised servers at NASA's Jet Propulsion
Laboratory. They attacked two servers on Jan. 18 of this year and another
three on Jan. 25. This last incident, mi2g reports, is the first time
the group has uploaded politically charged content. Mi2g also reports that the Trippin Smurfs, which have been
active since September of 2001, generally focus their attacks on Unix-style
systems. NASA's Web sites, overall, held up well Saturday in the wake
of the Columbia tragedy. Keynote Systems, Inc., an Internet performance monitor, reports
that NASA's Web site, which had just been completely redesigned, suffered
only minor availability problems the day of the crash. NASA's Web site
slowed by a factor of four between 10 a.m. and noon, a period shortly
after the shuttle exploded. In comparison, an hour after the explosion, Internet performance
in the U.S. sagged briefly as people around the world rushed to the Internet
for information about the tragedy, according to Keynote Systems. For a
few hours after the shuttle was lost, downloads at the Web site for the
White House took twice as long, although there were no availability problems.
########## ############################################## GE Consumer Finance to Acquire First National From Abbey
National plc
“I think it is an indicator
that UK banks are losing interest in the non-core areas of lending. One
of the oft-quoted shining lights of UK finance is Northern Rock, who only lend money to people to buy property.
Abbey National are heading in that direction; consumer finance today,
leasing tomorrow and vendor programmes after that (in my opinion). Structurally Abbey is not (in my opinion) alone in falling
out of love with non-core functions such as leasing. Rumours abound that
the leasing divisions of other banks are being sold / merged / closed.
If the traditional UK sources of money don't want to be in consumer finance
/ leasing / vendor finance , who does? Is GE the only player in this market?” Regards, Jeff Underwood Purple Squirrel www.purplesquirrel.org.uk Tel: 01277 – 366446 (The largest in the
United States, Europe is next!!! Editor ) LONDON----GE Consumer Finance, the consumer credit services
business of the General Electric Company (NYSE:GE), today announced it
has agreed to acquire First National's secured and unsecured lending business
from Abbey National plc for a consideration of (pound)848 million. This
includes net assets of (pound)630 million and a premium of (pound)218
million. A further post-completion payment of up to (pound)42 million
may be made to Abbey National, contingent on the performance of the lending
book being acquired. "The acquisition of First National represents another
significant step in the development of our UK consumer finance business,"
said Charles Alexander, President, GE Capital Europe. "It fits well
with our existing businesses and enhances our presence in the UK intermediary-sourced
secured and unsecured lending sectors." The transaction will add (pound)4.8 billion of assets and
2.1 million active customers to GE Consumer Finance's business in the
United Kingdom. First National employs approximately 1,400 people and
provides finance to customers through intermediaries such as IFAs, brokers,
high street retailers, suppliers of home improvements and holiday ownership
properties. The acquisition will significantly broaden the product range
of first and second mortgages offered by GE Consumer Finance to its customers
in the United Kingdom, while enhancing its position in retail financing.
It also takes GE Consumer Finance into a number of attractive new segments. The businesses acquired include: -- Secured Lending
- Specialist first and second mortgages -- Unsecured Lending: - Specialised -
Home Improvement Loans and Timeshare Finance - Retail Point of
Sale financing Stuart Sinclair, UK Group Managing Director of GE Consumer
Finance, said: "We are very excited by the opportunities this acquisition
brings to our operations in terms of both an enhanced product range and
new broker relationships. Our experience to date in the UK has been extremely
positive, with strong growth experienced by each of our mortgage, retail
finance and auto finance businesses. Our intention is to build on the
further opportunities for growth that this acquisition provides. The senior
management teams are working closely to ensure continuity for both customers
and intermediaries." The transaction excludes the motor finance and litigation
finance businesses of First National and is subject to regulatory approval. GE Consumer Finance was advised by Rothschild. About GE Consumer Finance GE Consumer Finance, with nearly US$70 billion in assets,
is a leading provider of credit services to consumers, retailers and auto
dealers in more than 35 countries around the world. A wholly owned subsidiary
of General Electric Company, GE Consumer Finance provides a variety of
financial services such as credit cards, personal loans, sales finance,
auto loans and leasing, mortgages and credit insurance. Recent GE Consumer Finance UK acquisitions: 2001 - igroup 2002 - Time Retail Finance GE is a diversified services, technology and manufacturing
company with operations worldwide. For more information visit www.ge.com CONTACT: GE Ivan Royle, +44 (0)207 302 6145 or Financial Dynamics Stuart Blackmore, +44 (0)207 269 7241 SOURCE: GE Consumer Finance ################ ############################################# --------------------------------------------------------------------------------------------------- Lions, Mariucci complete terms on five-year deal By Len Pasquarelli ESPN.com Steve Mariucci is officially headed to the Lions den ( as
expected.) ESPN.com has learned that Mariucci and the Detroit Lions
on Tuesday morning completed the final details of an agreement on a landmark
five-year contract. He is enroute to Detroit and will be introduced at
a press conference today. ( He lives less than a mile
from our house and shops in the community, very active participant, very
popular as a person. Editor ) The contract, ESPN.com confirmed, will pay Mariucci $5 million annually. He was to have earned a base salary of
$2.25 million under his old contract with the 49ers. That salary for 2003
was to have been paid out over a 30-month period. The deal, negotiated
over the past four or five days by agent Gary O'Hagan of IMG, equals the
one awarded Washington Redskins coach Steve Spurrier last year. Sources close to negotiations insisted Monday night that
the last remaining item to be completed was not a deal-breaker and that
Mariucci has definitely decided to accept the job. That proved to be the
case, In fact, sources said, Mariucci spent the past couple days mulling
over potential staff members. "It's too far along now not to happen," said a
league source at the time. "Actually, it probably could have been
done a few days ago, but (Mariucci) just wanted to sleep on it a while.
But it's about as done as done can be without having officially signed
the thing." The Lions issued a statement Monday afternoon which said
that a deal was not yet in place but that an agreement could be reached
Tuesday. "While there was significant progress . . . no deal
has yet been finalized that would make Steve our next head coach,"
spokesman Bill Keenist said in the statement. "We are hopeful that
an agreement can be reached with Steve by the end of the day (Tuesday)." In addition to financial implications, with Mariucci set
to move to new status as one of the league's highest-paid head coaches,
he will have more input into football decisions than during a six-year
San Francisco tenure. Mariucci, 47, will have the title of head coach only, but
the contract with the Lions will permit him to review and participate
in football-related decisions. His new job represents a homecoming of
sorts for Mariucci, who was born and raised in Iron Mountain, Mich., and
who played collegiately at Northern Michigan, where he was a three-time
All- American quarterback. The hiring of Mariucci figures to be a popular one with long-suffering
Lions fans, whose teams won just five games over the last two seasons,
under the stewardship of Marty Mornhinweg. Ironically, Mornhinweg was
offensive coordinator for Mariucci in San Francisco before taking the
Detroit job. Detroit has not advanced to the playoffs since 1999, as a
wild card entry, and Mariucci will inherit a team that is clearly in a
rebuilding mode. There is, at least, a solid cornerstone in quarterback
Joey Harrington, former Oregon quarterback, the team's top pick in the
2002 draft. The addition means the end of a two-year pursuit by Lions
president Matt Millen, who originally wanted Mariucci for the job in 2001,
but could not extricate him from his 49ers contract then. It also means
that Millen won his gamble in dismissing Mornhinweg last Monday. After initially indicating Mornhinweg would be back with
the Lions for the 2003 season, Millen reversed direction, and fired him
once Mariucci became available. Millen acknowledged that the only circumstance
that changed was the availability if Mariucci and, had he not landed him,
the failure would not have sat well with Lions fans. Mariucci, in fact, was the only candidate ever publicly acknowledged
by the Lions or by Millen. It remains to be seen how, or even if, Detroit will come
into compliance with a league guideline that mandates franchises interview
minority candidates for head coach and high-ranking front office positions.
The club was turned down by some black coaches, who perceived that Mariucci
was the only true candidate for the job, and who did not want to be part
of a sham process. AP Mariucci clashed with San Francisco
owner John York, and he was fired three days after a 31-6 loss at Tampa
Bay on Jan. 12. His postseason record was 3-4. The Lions, by contrast, have one
playoff victory since winning the NFL title in 1957. "I think it'll be good. Good
for him, because he will be in a situation where he's actually wanted
and appreciated," Lions defensive end Robert Porcher said Tuesday.
"I think it'll be good from a team standpoint, because now our
general manager gets the guy that he's always wanted. "And I think from the players'
standpoint, it'll be excellent, because he brings in that instant credibility
with his winning record in San Francisco." Mariucci repeatedly said he wanted
to keep his family in the San Francisco Bay area, and he would be willing
to take a minimal raise or even coach the final year of his contract
without an extension. Mariucci's agent, Gary O'Hagan,
has said that Mariucci's ties to Michigan played a part in his interest
in the Lions after he initially said he would take next year off from
coaching. Mariucci will be about 90 miles
away from best friend, Tom Izzo, Michigan State's basketball coach.
Mariucci and Izzo grew up together, attended Northern Michigan and talk
almost daily. "It's going to be great, really
it is," Izzo said while traveling to see a recruit Tuesday night.
"I'm pumped up for him, and I'm pumped up for the Lions and all
their fans." Mariucci had been Detroit's leading
candidate since the Lions fired Mornhinweg. Mariucci was the only coach
to have an in-person interview, last Wednesday and Thursday. Millen never publicly named any
other candidate but said the Lions would do their best to comply with
the NFL's policy of interviewing at least one minority candidate. O'Hagan, who also represents former
Minnesota coach Dennis Green, refused comment on numerous reports that
Green refused to interview with the Lions because they appeared to have
their sights set only on Mariucci. A source within the league, who
spoke on the condition of anonymity, said five minority candidates turned
down interview requests from the Lions because it appeared inevitable
that Mariucci would be hired. Attorney Cyrus Mehri, who along
with attorney Johnnie Cochran led a campaign for more minority hiring
in the NFL, was disappointed with Detroit's hiring process. "By essentially crowning Mariucci
as the next head coach before doing a single interview, the Lions discouraged
African-American coaches from putting their hat in the ring in Detroit,"
Mehri said Tuesday. "Millen, in public and private statements,
could not look African-American candidates in the eye and tell them
they had a fair shot. I don't blame the coaches who didn't want to be
a part of a sham interview. "We're competing for the soul
of the NFL, which has been based on a good old boys' network, not fair
competition for jobs. The ball is in the league's court now. If they
condone this, they have ripped the heart out of the 'Rooney Plan,' because
what Matt Millen has done harkens back to the good old boys' days." The NFL's new policy, announced
in late December, said owners agreed they would "seriously"
interview at least one minority candidate for each coaching vacancy.
The policy was developed by a committee headed by Pittsburgh owner Dan
Rooney, following a report on minority hiring issued by a group headed
by Mehri. "The Lions' selection process
fell short of what our committee recommends for all clubs as agreed
in December," Rooney said in a statement Tuesday. "I will
discuss this with the committee and the Lions to see what occurred and
where to proceed in the future." Lions spokesman Bill Keenist said
the Lions have always supported the owners' initiative, and did their
best to comply with it. Economic Woes Hit Law Firms (Expect more new law firms, smaller) By JONATHAN D. GLATER New York Times aw firms, commonly seen as islands of security and stability
to their employees, are proving vulnerable to the turbulence in the economy. Squeezed between their clients and their own lawyers' wage
demands in tough times, some firms are collapsing under the pressure.
Big corporate clients are battling to keep costs down, while the firms'
costs for lawyers, staff and technology are rising. At the same time,
partners are often unwilling to accept declining pay, and they defect. "There are more firms working on radically restructuring,"
said Lisa Smith, who leads the merger and consolidation practice at the consulting
firm Hildebrandt International. She said her business was busier than
ever advising law firms trying to avoid collapse, adding that there had
recently been a number of desperate "last-ditch efforts" at
mergers intended to stave off law firm implosions. "We're seeing
a rash of them right now," she said. The most spectacular collapse came last week, when partners
at Brobeck, Phleger & Harrison, a prominent San Francisco Bay Area
firm, decided to wind down the firm's business. On Monday, Skjerven Morrill,
a 67-lawyer firm in San Jose, Calif., specializing in intellectual property
law, announced that it would dissolve. In December, Hill & Barlow, a 107-year-old Boston law
firm, said it would dissolve after a group of real estate partners indicated
that they planned to defect. This is not the first time that lucrative work for big companies
and investment banks has dried up. But gradual changes in the practice
of law have made law firms more vulnerable today than they have been in
years, according to lawyers and their consultants. Many firms have become
highly specialized and do not have, for example, the bankruptcy business
to carry them until the economy picks up again. Law firms' problems generally become evident early in the
year as partners learn how much money they made the previous year and
how much they will probably make in the coming year. If both figures are
declining, some partners invariably begin to look for greener pastures;
several partners jumped ship from Brobeck over the last year after the
firm's decline became apparent during 2002. "They'll jump for money," said Ward Bower, a principal
at Altman Weil, a consulting firm that advises law firms. "Twenty
years ago, they wouldn't. That injects volatility into the marketplace." At Hill & Barlow, a group of real estate lawyers announced
their intention late last year to join another firm, said Robert A. Bertsche,
a former partner. "There have been times when one department has
been stronger and another department has been weaker," he said, but
partners would remain loyal. "They were different times. And maybe
they were different people." When partners defect, Mr. Bower said, the firm still faces
leasing and personnel costs, but with fewer lawyers to bring in revenue,
squeezing profits. The weak economy has the same effect, driving down
compensation and leading more partners to abandon ship, Mr. Bower said. Firms that relied heavily on slipping sectors of the economy
— technology companies, in Brobeck's case — have found the climate particularly
harsh. Brobeck shed nearly a third of its lawyers last year, before deciding
last week to cease operating as a single firm. Conventional wisdom held that law firms could weather economic
downturns by relying on business lines like bankruptcy and civil litigation
that tend to increase in bad times. But in the late 1990's, not all firms
kept their staffs or their clientele balanced, leaving them without bankruptcy
lawyers to subsidize the stock-offering gurus whose work is now less in
demand. "The countercyclical practices for the most part are
not evenly distributed," Mr. Bower said. Firms with big bankruptcy
practices, like Weil, Gotshal & Manges of New York — which is representing
Enron, among others — are very busy. But other firms with little bankruptcy
expertise are experiencing a tough year, he said. Law firms generally carry more debt today as well. Brobeck,
for example, is reported to have had tens of millions of dollars in debt,
and that obligation was a significant factor in the decision to wind down,
partners said last week. n statements, Brobeck's lawyers also attributed the firm's
demise to the failure of merger negotiations with a larger firm, Morgan,
Lewis & Bockius, which has big offices in New York, Philadelphia and
Washington. Such merger efforts are more often evidence of a firm in
trouble than the cause of its difficulties, Ms. Smith, the consultant,
said. A more likely culprit is the steady increase in law firms'
costs. The prices of long-term leases have increased, and some firms,
like Brobeck, planned on space for many more lawyers than they have. Brobeck
shrank to about 500 lawyers last week from 900 lawyers in 2000. In addition,
the cost of computers and other technology used by firms has doubled every
three years since 1983, Mr. Bower said. And salaries for associates and
for support staff soared in the late 1990. The legal industry also continues to consolidate,creating
more and more huge firms with 1,000 or more lawyers. Such firms have offices
in more locations, making it easier to serve multinational clients, said
Steven M. Polan, whose 45-person New York firm of Kalkines, Arky, Zall
& Bernstein recently combined with Manatt, Phelps & Phillips,
a 285-lawyer firm based in Los Angeles. "We were thinking bigger and thinking about being able
to practice on a national platform," Mr. Polan said. "A 45-person
law firm was not a size that seemed to be a growing presence in the marketplace." Larger firms generally mean higher billable rates to their
clients because law firm combinations do not yield economies of scale,
Mr. Bower said. Overhead costs do not decline after such mergers, he said. Nevertheless, merger activity among law firms has continued.
Although the number of mergers declined in 2002 from 2001, the size of
the merging firms increased. Hildebrandt reported 53 law firm mergers
in 2002, down from 82 the previous year but up sharply from the mid-1990's;
there were just 11 such mergers in 1997. "By contrast to the corporate world, law firm mergers
have been pretty consistently high and at a much higher level than they
have been in the past," Ms. Smith, the consultant, said. "It's
starting to have a real impact on the shape of the legal market in some
cities." |
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