Financial life in a big town

Liberty Property Trust looked to its existing client base to find the first tenant for Round Up Business Park, just one month after acquiring the Northwest Houston industrial property.

Medco Medical Supply will take 46,000 square feet in Round Up, which represents a 72 percent increase over its current amount of space. Medco leases 27,000 square feet at Liberty’s Legacy Center Business Park, also in Northwest Houston.

Medco will move to the 12-acre Round Up Business Park in December.

Round Up consists of two buildings at 10301 and 10305 Round Up Lane near North Sam Houston Parkway that contain nearly 228,000 square feet of space business card. The project was empty when Liberty bought it from developer Caldwell Cos. in July.

Liberty (NYSE: LRY) owns more than 4 million square feet of industrial space in the Houston area. The Malvern, Pa.-based real estate investment trust has 78 million square feet in its nationwide portfolio of industrial buildings.

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A state appeals court has ruled that Westfield Galleria at Roseville’s policy limiting shoppers’ conversations with strangers about potentially controversial topics such as religion and politics is a restriction of free speech.

The 3rd District Court of Appeal in Sacramento decided that the mall’s rules regarding such conversations and another rule that prohibits shoppers from wearing clothes with religious or political messages are unconstitutionally vague and restrictive of free speech.

The case involves a youth pastor who was arrested in 2007 at the Galleria after talking to two other shoppers about his religious beliefs. The shoppers agreed to the conversation. However, a store employee who overheard the conversation that Matthew Snatchko was having with the shoppers complained and called the mall’s security guards. Charges were later dropped, but the Pacific Justice Institute sued, challenging the Galleria’s policy.

Galleria owner Westfield LLC is disappointed by the ruling and considering legal options, a spokeswoman said.

“Westfield has spent considerable time and effort, including working with legal counsel, to adopt reasonable rules governing conduct in our shopping centers,” spokeswoman Catharine Dickey wrote in an e-mail. “These rules protect our tenants and the thousands of customers at the mall each day by ensuring a safe and secure shopping, dining and entertainment environment while recognizing the requirements of California law. In particular, the rules recognize the right of the public to engage in expressive activity in our common areas, subject to reasonable time, place and manner restrictions as required by California law. These rules and procedures are, and have been, applied on a content-neutral basis for hundreds of individuals and organizations in our shopping centers each year.”

Westfield will consider appealing to the California Supreme Court, she said.

The appeals court decided that Snatchko could collect damages and attorneys’ fees. The trial court is responsible for implementing the appeals court ruling.

“We are very pleased with this landmark ruling by the California Court of Appeal that vindicates the right to engage in casual conversations about faith without fear of being arrested,” Brad Dacus, Pacific Justice Institute president, said in a news release. “This is a great victory for free speech and common sense.”

Timothy Smith, a Pacific Justice Institute affiliate attorney who is with the Sacramento law firm of McKinley & Smith, served as lead counsel for Snatchko pro bono.

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Microsoft Chief Executive Steve Ballmer said Thursday that the software giant is urgently working with its partners to unveil a host of tablet computers running Windows 7, to compete with Apple’s fast-selling iPad.

At a meeting with financial analysts on Thursday, Ballmer outlined the company’s strategy to catch up to Apple and Google in the consumer space. He said Apple is doing an "interesting" job with the iPad and has "sold certainly more than I’d like them to sell." As a result, Ballmer said his company’s "job one urgency" is bringing Windows-based tablet computers to the market.

"No one is sleeping at the switch here," Ballmer said. "We have got to make things happen with Windows 7 on slates. We’re in the process of doing that as we speak. As focused as we are on this, our partners are also focused on this to deliver systems and chips to make this happen."

But Ballmer declined to give an exact timeline, saying only that the tablets will be ready "as soon as they’re ready" and "it ain’t a long time from now."

The CEO claimed that Microsoft needs to take its time to get its products just right to compete in the intensely scrutinized tablet space. He said that chipmaker Intel (INTC, Fortune 500) will be coming out next year with a tablet-specific processor called "Oak Trail" that will help manufacturers make better tablets that run Windows 7.

Ballmer famously canned a turmoil-fraught Microsoft tablet project that had been in the works for almost a decade before the iPad came to market. With the early success of Apple’s (AAPL, Fortune 500) iPad, many analysts are predicting that the tablet space will be one of the fastest-growing tech segments this decade, alongside smartphones. That makes Microsoft’s urgency all the more palpable.

Ever confident, Ballmer exclaimed, "We’re gonna sell like crazy!" Still, after the CEO outlined Microsoft’s tablet plans, an analyst told Ballmer that it appeared that Microsoft had "no clear strategy."

Ballmer disagreed, saying Microsoft’s tablets will run Windows 7, they’ll run Intel processors, they’ll be available in a wide array of shapes and sizes across many manufacturers, and they’ll likely be cheaper than the iPad.

Some analysts remained skeptical.

"Microsoft will have to pull a rabbit out of a hat to compete with Apple," said Al Hilwa, applications development software program director at IDC. "Apple has a less-is-more strategy to broaden its consumer approach with the iPad. Microsoft is committed to running Windows 7 on tablets, which is a concern."

Microsoft’s CEO focused his entire presentation on the company’s consumer businesses, which are almost all trailing their competitors.

Bing continues to lose money. "I can’t say there’s a point on the horizon where the business results will flip," Ballmer admitted.

After demonstrating Windows Phone 7, which is set to go on sale in the fall, Ballmer said the company still had a lot of work to do to compete with Apple and Google. Microsoft intends to throw enormous marketing muscle behind the new smartphone operating system, riding the success of its "I’m a PC" campaign with an "I’m a phone too!" campaign.

Xbox is the exception. It’s a consumer product that is finally making money for Microsoft, Ballmer said. The controllerless Kinect accessory will be closely watched when it goes on sale for the holiday season, targeting the Xbox’s 42 million users.

The cloud around businesses

Other top Microsoft (MSFT, Fortune 500) executives mapped out the company’s plans for maintaining its leadership in the corporate market, which makes up three quarters of Microsoft’s business. Microsoft’s lack of success in the consumer world tends to overshadow how well it is doing in the enterprise space.

It also doesn’t help that Microsoft’s primary strategy is relatively unexciting for the majority of non-geeks: The company aims to leverage its broad array of business products, massive data centers and experience in services to take a leadership position in cloud computing.

Still, Microsoft is confident that its success in the future will depend heavily on how well it carries out its cloud strategy with businesses. Chief Operating Officer Kevin Turner said the company’s cloud offerings will help fuel physical product sales and noted that 70% of Windows cloud customers are new customers.

Turner lashed out at Microsoft’s competitors like Google (GOOG, Fortune 500), Salesforce.com (CRM), Amazon.com (AMZN, Fortune 500), and VMWare for only offering only partial cloud services and solutions that he described as less than adequate for business customers.

The harshest criticism was reserved for Google’s Web Apps, which compete with Microsoft Office. Turner said Office’s Web Apps are far more powerful than Google’s, calling to attention to small things like Google’s lack of a ruler function on its Docs app — "things that we put in market almost 13, 14 years ago."

He also shared several customers’ complaints about Google’s services and said a handful of companies that left Microsoft for Google are now coming back.

Unlike its competitors, Microsoft can offer companies a full set of cloud-based services, including managed data centers and business software tools in one package, Turner said.

Microsoft’s cash cows also have room to grow. Windows 7 is selling faster than any other Windows version in history, but the vast majority of the company’s customers are still using older versions of Microsoft software. Eighty-four percent of Windows users are running XP and Vista, 52% are using Internet Explorer versions 6 and 7, and 63% are using Microsoft Office 2003 and earlier.

Now that businesses are beginning to refresh their hardware again, Microsoft believes there will be a tremendous upgrade opportunity to Windows 7 and Office 2010. 

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Another Johnson & Johnson manufacturing plant — this one making heartburn and gas relief drugs Pepcid, Imodium and Mylanta — was cited for a pattern of quality lapses similar to those seen at the company’s shuttered Tylenol plant.

Earlier this month, safety inspectors from the Food and Drug Administration issued a "Form 483" to Johnson & Johnson’s Lancaster, Pa., plant.

A Form 483 is issued after an FDA inspection finds problems with a company’s manufacturing practices.

The Lancaster plant is owned by Johnson & Johnson-Merck Consumer Pharmaceuticals, a joint venture of J&J and Merck (MRK, Fortune 500), but is operated by the company’s McNeil division.

McNeil, which makes pain and cold drugs such as Tylenol and Motrin, is under investigation by the FDA and lawmakers in connection with successive recalls of those drugs over the past year. McNeil shut its plant in Fort Washington following a scathing FDA inspection report of the factory in May that cited 20 manufacturing violations.

This latest setback for Johnson & Johnson is raising questions about lax quality standards at its over-the-counter drug factories and the possibilty of a pattern that could result in the FDA hitting the company with another warning letter or tougher oversight at its plants.

Disturbing pattern

The latest inspection report on the Lancaster plant, released by the FDA on Wednesday, cites 12 violations of good manufacturing processes, at least five of which were also observed at the Fort Washington plant.

One expert said the violations observed at the Lancaster plant are "very serious."

"If this is going on in Johnson & Johnson plants that make over-the-counter drugs, is this indicative of what is going on in other parts of the company’s business?" said David Rosen, who worked at the FDA for 14 years. Rosen is now with with law firm Foley & Lardner and advises major pharmanceutical companies on FDA regulations and compliance.

In an conference call with analysts this week, Johnson & Johnson’s chief financial officer Dominic Caruso declined to comment on whether other company plants had received Form 483 reports payday loans.

At both plants, inspectors questioned whether lab procedures and controls were adequate to assure products "conform to appropriate standards of strength, quality and purity."

Both plants were cited for failing to properly review an unexplained manufacturing discrepancy in a batch of drugs and for not properly following up on consumer complaints about products made at the facilities.

Specifically, the FDA’s report on the Lancaster plant noted that the staff failed to follow up on several consumer complaints, including instances where consumers said they found mint-flavored Pepcid tablets mixed inside the same bottle as berry-flavored tablets. There were also multiple complaints about a product lot for "lack of effect."

Experts said "lack of effect" could mean that the product was not producing the desired result when used. The FDA report did not name the product. Also, inspectors said the plant’s complaint coordinator did not initiate an investigation of the product.

However, the report did not mention the possibility or need for a product recall.

Additionally, regulators said the Lancaster factory didn’t properly document equipment malfunctions or keep adequate maintenance records. Inspectors said they found unlabeled test tubes filled with product sitting out on a counter. The factory also didn’t properly clean utensils used in the drug making process.

One industry expert, who did not want to be named, said he would not be surprised if the FDA is pondering further action on the Lancaster plant, such as a warning letter or a consent decree. Under a consent decree, the plant would be able to continue production, but would have constant third-party inspection.

The FDA and Johnson & Johnson declined to comment on the possibility of further enforcement action against the company. 

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AirTran Airways plans to expand its Caribbean service to Punta Cana, Dominican Republic.

Punta Cana will mark the fifth Caribbean destination the Orlando-based low-cost airline offers service to, including Aruba and Cancun, Mexico; Montego Bay, Jamaica; and Nassau/Paradise Island, Bahamas.

Roundtrip, nonstop flights between Hartsfield-Jackson Atlanta International Airport and Punta Cana International Airport will be conducted twice weekly beginning Feb. 16, 2011.

Connections to Punta Cana will be available from more than 40 cities throughout the AirTran Airways network via Atlanta, including Orlando, New York, Washington, Boston, Baltimore, Milwaukee and others.

“Punta Cana is a very popular vacation destination, and we are happy to offer our passengers the chance to explore such a beautiful area beginning this winter,” said Kevin Healy, AirTran Airways’ senior vice president of marketing and planning. “Our new flights to Punta Cana represent the next phase of our growth strategy in the Caribbean.”

AirTran Airways has been flying to Punta Cana since 2008 using chartered service.

AirTran Airways is a subsidiary of AirTran Holdings Inc. (NYSE: AAI) and a Fortune 1000 company.

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Less than three weeks after gold surged to record highs, the precious metal has scaled back about 5% and is hovering once again around $1,200 an ounce.

On Thursday morning, gold for August delivery — the most actively traded contract — was down $7.50, or 0.63%, at $1,191.40 an ounce.

But the two major factors behind the precious metal’s recent highs around $1,250 — Europe’s debt woes and volatile stock markets — are still major concerns. So what gives?

For the first clue, look no further than July 1 — the day gold fell nearly $40.

Good news for Europe, bad for gold

Facing the expiration of about $554 billion in debt last Thursday, the European Central Bank announced it would assist 78 banks in refinancing their loans, a move that would essentially roll over a quarter of that debt.

The euro rose after the news, and institutional investors, who just weeks earlier had been betting in favor of gold and against the euro, suddenly rushed to close out their bets and reap profits at gold’s still relatively high prices, said Phil Streible, a senior market strategist with futures broker Lind-Waldock.

Traders had previously been taking advantage of the euro’s weakness amid growing concerns about Europe’s debt crisis. Gold, as a tangible asset, was perceived to be a safer alternative to the paper currency, Streible said. But in light of the ECB’s news, that trade may have run its course.

So investors seem temporarily content to take their profits and put their fears about Europe’s debt crisis on the back burner, and that’s one factor driving gold down. But there’s another.

Deflation, not inflation, fears

Disappointing economic data on this side of the Atlantic may also be leading investors to sell gold. On Friday, readings on U.S. manufacturing, housing and jobs all came in worse-than-expected, sending stocks to fresh 2010 lows.

It’s a bit curious that gold, a so-called safe haven, has slipped despite some dismal economic reports. But gold is also considered a hedge against inflation — a trend investors now have little reason to fear.

Michael Cheah, a bond fund manager with SunAmerica, said the most recent economic reports have fed increased fears of deflation, a persistent decline in the prices of assets and consumer goods fast cash advance loan.

In a deflation scenario, Cheah said investors would be wise to put their money behind a different safe haven: U.S. Treasurys.

That’s because Treasurys pay interest regularly, and although the yield may be low, it’s still better than taking a loss in stocks or gold should double-dip recession fears come true, Cheah said.

Gold rush not over yet

But with all these factors in mind, analysts still say gold prices could climb higher. Streible forecasts gold to rebound to as high as $1,325 by the end of the year.

Jeffrey Nichols, a senior economic advisor to Rosland Capital, a precious metals firm, has even loftier expectations. He anticipates the metal to rise as high as $1,500 an ounce by year-end — a prediction he has stuck with for the last several months.

Nichols points out that gold is a very small market when compared to Treasurys or currencies, so it’s easily swayed in one direction, especially during weeks of low trading volume.

The recent dip may be entirely the work of institutional investors at big banks and hedge funds who are taking profits during light trading surrounding the July 4 holiday and summer vacations, Nichols said.

And those are quite "possibly the very same people who will come back in the next few weeks and push gold higher again," he added.

Meanwhile, Streible said he thinks concerns about Europe’s debt crisis are likely to resurface, pushing the euro down and gold up once again.

Investors will be watching for the results of the ECB’s so-called financial "stress tests" of 91 banks, which it plans to release on July 23, as a barometer of the region’s economic health.

Cheah also expects gold to rise later in the year because he thinks a double-dip is likely. If that happens, he said, investors probably would eventually lose faith in the U.S. dollar and Treasurys, sending gold once again to record highs, he said. 

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This year’s week-long Alzheimer’s conference is expected to attract 5,500 international attendees to Hawaii and add $26 million in statewide spending.

The Alzheimer’s Association International Conference on Alzheimer’s Disease will be held July 10-15 at the Hawaii Convention Center, resulting in 44,000 booked hotel rooms.

“This is excellent news for Hawaii’s tourism economy and we look forward to providing a world-class venue — conveniently in the Asia Pacific — for professionals to come together to discuss this important work,” said Mike McCartney, Hawaii Tourism Authority president and CEO no teletrack payday loan.

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A Quincy tool-rental company has filed to liquidate under Chapter 7 of the U.S. bankruptcy code.

Optimum Equipment LLC, which does businss as U-Rent It Tool, listed assets of less than $50,000 and liabilities in the range of $1 million to $10 million.

In its filing, Optimum ownership says creditors hold $2.78 million in unsecured claims. The filing states there are no secured claims.

Optimum is represented in the bankruptcy by attorney David B. Madoff of Madoff and Khoury in Foxborough.

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— $40 for members; $60 for nonmembers. Register online at www.slccc.net.

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LITTLE ROCK, Ark. — Wal-Mart Stores Inc. announced a program Thursday in which its workers can receive college credit from the online American Public University and receive a tuition discount from the school.

The company also said it will commit $50 million over three years to help workers pay for books and tuition above the reduced tuition rate. After the reduction, tuition will cost $212.50 per undergraduate credit hour and $255 for graduate credits.

Wal-Mart Chief Administrative Officer Tom Mars said the program grew out of a larger commitment to cultivate talent within the company. The plan is open to domestic workers at Walmart and Sam’s Club stores.

Alicia Ledlie, Wal-Mart senior director for associate development, said nearly three-quarters of Wal-Mart workers contacted in a survey said they preferred online study to attending a local college.

Ledlie said Wal-Mart looked at 81 colleges, including brick-and-mortar schools, and found American Public University, based in Charles Town, W.Va., to be the best fit.

Wal-Mart workers receive job training in areas ranging from ethics to retail inventory management, for which they can receive credit, she said.

Sara Martinez Tucker, a former U.S. undersecretary of education who is on Wal-Mart’s external advisory council, said Wal-Mart would have had to form a tremendous coalition of schools to offer a similar program through local community colleges and universities.

Tucker said it is helpful to employees because they don’t have to apply for reimbursement from their employer.

Students won’t have to pay for credits awarded based on their training.

American Public University, with 70,000 students, offers more than 100 certificate and degree programs.

The credit for training can be applied mainly to business- and retail-related courses. Wal-Mart said the school will have evaluated for credit jobs held by 70 percent of Wal-Mart workers by 2012. That covers about 1 million workers.

Wal-Mart also offers scholarships through its foundation and offers assistance to workers seeking GEDs.

Wal-Mart executives said the link with the school will help workers attain better jobs both inside and outside the company.

Tucker noted that if 10 percent of Wal-Mart’s U.S. workers get degrees, "that would be like adding three Ohio State’s worth of graduates."

American Public University is accredited in various ways, including national accreditation by the Accrediting Commission of the Distance Education and Training Council. It is run by for-profit American Public Education Inc.

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