ConocoPhillips makes big play for Burlington Resources

burlington-logo.gifConocoPhillips is negotiating to purchase Burlington Resources Inc. in a huge $30 billion deal in a big bet that natural gas supplies will remain tight and higher prices the norm for the forseeable future. Burlington stock has been a hot item this year, trading at $40.40 a share in January and closing this past Friday at $76.09. ConocoPhillips shares closed Friday at $63.07 a share, giving it a hefty market cap of $87.5 billion. Although negotiations are still ongoing, a deal could be announced by the two Houston-based companies later this week.
Burlington Resources is one of the most successful companies developing natural-gas production from unconventional fields where the gas is embedded in rocky formations that make drilling difficult, expensive and dangerous. Inasmuch as natural gas is a relatively clean-burning fuel that heats a majority of U.S. homes and is widely used in industry, rising prices and improved technology are making unconventional natural gas fields much more attractive to energy companies that are increasingly desperate to increase reserves. About 80% of Burlington’s assets are related to North American natural gas fields.
The impending deal highlights conflicting views in the oil and gas industry as to whether such deals are good buys. On one hand, some traditional voices such as outgoing Exxon Mobil Corp. CEO Lee Raymond take the position that current high energy prices reflect a business cycle and that, as a result, producing and reserve assets are over-priced during such cycles. On the other hand, there is a growing faction in the oil and gas industry that views rising commodity prices as a fundamental shift in the market resulting from growing world-wide demand and slowing growth in supplies. Thus, that view contends that even expensive deals for companies with solid asset portfolios are a good bet, which was the rationale for Chevron Corp.’s $18 billion acquisition of Unocal Corp. earlier this year.

2005 Weekly local football review

David Carr grimacing.jpgTitans 13 Texans 10

Texans kicker Kris Brown made his contribution to the Reggie Bush sweepstakes today as he missed not one, but two, field goals in the closing minutes to ensure that the Texans (1-12) remain in position to have the worst record in the NFL this season and have the first draft choice in the 2006 NFL Draft. This was another particularly ugly game that pitted two bad teams playing in front of a half-filled stadium in Nashville on a cold, gray day. The Texans’ offense amassed a paltry 234 yards, including 82 through the air as Texans QB David Carr was sacked six times and hit or hurried countless other times — the Texans’ pass offense is the worst in the NFL this season and one of the worst in the NFL over the past several seasons. The Texans play Arizona and Jacksonville over the next two weeks at Reliant Stadium before mercifully finishing their abysmal season in San Francisco on New Year’s Day.

Cowboys 31 Kansas City 28

In the type of hugely entertaining game that Texans fans thought they were going to be seeing this season, the Cowboys (8-5) survived a wild last 22 seconds in this one to remain a game back of the Giants in the NFC East. After offensive line problems had constricted the Pokes’ offense over the past several games, the Cowboys burst out for 445 yards of total offense as QB Drew Bledsoe threw for three TD’s, including the game winner. Given the Cowboys remaining schedule (at Washington, at Carolina, and St. Louis at home), I’ve got my doubts that they can win all three, but this team is feisty and has played every game close this season. If the Pokes make the playoffs, no team is going to want to play them.

In other local football-related news, Texas Longhorn QB Vince Young, who hails from Houston Madison High School, came in second to Bush in the balloting for the Heisman Trophy. In most years, Young would have been a run-away winner of the award, which is college football’s most prestigious. However, Bush is a once-in-a-decade type of player and his exploits late in season for USC sealed the award for him.

The Chron continues to ignore the real UH story

uh_logo.gifThe Houston Chronicle’s latest story about the University of Houston prompts me to wonder when the local newspaper is ever going to sit up and take notice of the far more important story that impacts Houston’s primary public university in particular and financing of Texas’ public universities in general.
The latest Chronicle story is a slapdash effort that discusses a UH initiative to increase its entry requirements told through the prism of a suburban student’s visit to the UH campus. As is typical of most Houston suburban high school students, UH is a third choice behind the University of Texas and Texas A&M University, and nothing in the visit to the UH campus related in the Chronicle article changed the student’s mind.
However, the Chronicle inexplicably continues to ignore the far more imporant story. Given the relative contributions of UT, A&M and UH to the welfare and economy of the State of Texas, does it really make sense for the University of Houston to have an endowment that is only 4% the size of the University of Texas endowment and only 10% the size of Texas A&M’s? As discussed in this prior post, that is one of the absurd legacies of the obsolescent Permanent University Fund on higher education in Texas, and it is not even mentioned in the Chronicle’s story on UH.
Frankly, rather than dismissing UH as an unattractive choice compared to UT and A&M, a more accurate analysis is that UH is providing far more “bang for the buck” in furnishing a quality educational resource for Houston and Texas at a fraction of the endowed capital of UT and A&M. That the system of funding Texas public universities unfairly deprives UH of the capital that would facilitate a jump to Tier I status is the real story that the Chronicle should be pursuing.

The UT brand

UT brand.jpgInasmuch as big-time college football is to the National Football League as triple A minor league baseball is to Major League Baseball, a team’s branding rights can become an important asset. Along those lines, this interesting Austin American-Statesman article reports on the surge in royalty income that the University of Texas is enjoying from its athletic teams’ recent successes:

The Longhorns’ Rose Bowl victory over Michigan in January and the baseball team’s national title in June helped boost University of Texas merchandise royalties 29 percent to $4 million in the last fiscal year, . . . So far this year, [UT] has collected more royalties than any of the 200-plus schools affiliated with the Collegiate Licensing Co., which coordinates licensing for most major universities.
To license its trademarked logos, UT charges 8 percent of a product’s wholesale price. If a $20 Longhorns T-shirt has a wholesale price of $10, UT would get receive 80 cents. It might not sound like much, but consider that retail sales of collegiate merchandise topped $3 billion last year, according to Collegiate Licensing.
Add a football championship to that, and last year’s $4 million could end up looking like a paltry sum.

The article goes on to note that UT’s annual royalties from merchandise sales had fallen to a mere $600,000 as of the end of the John Mackovic era, which suggests that UT’s considerable investment in Mack Brown has been pretty darn savvy, after all.

Eugene McCarthy and Richard Pryor, R.I.P.

Eugene McCarthy.jpgrichard-pryor.jpgFormer senator and Presidential candidate Eugene McCarthy and comedian Richard Pryor died yesterday. Here are McCarthy’s NY Times and WaPo obituaries, and here are Pryor’s NY Times and LA Times obituaries, along with this rather touching and sad post by Roger Simon. Moreover, Riehl World has this compilation of links to some very funny Pryor stand-up routines.
McCarthy’s first and only serious Presidential campaign came during the tumultuous year of 1968. McCarthy’s campaign was based primarily on opposition to the Vietnam War and it effectively ended the Presidency of Lyndon Johnson, who elected not to run for the Democratic Party nomination after McCarthy’s anti-war campaign showed unexpected strength early in the campaign. After fellow Democratic Party candidate Robert F. Kennedy was assassinated in June (which occurred just two months after the assassination of Martin Luther King), the Democratic Party convention that year took place in Chicago amid riots and civil strife, and ended up nominating Senator Hubert Humphrey, who lost a close election to Richard Nixon. Although McCarthy went on to become somewhat of a Democratic Party gadfly over the ensuing decades, there is no question that his 1968 Presidential campaign sparked societal forces that changed the American political landscape dramatically — the Democratic Party held the White House for 36 of the first 68 years of the 20th century, but has held it for only 12 of the past 37. McCarthy was 89 at the time of his death.
Pryor was a talented stand-up comedian and comedic actor whose career was cut short by self-destructive behavior. He almost died in 1980 after he set himself on fire while free-basing cocaine, but he ended up using the incident as a joke in his routine — “You know something I noticed? When you run down the street on fire, people will move out of your way.” Pryor was 65 at the time of death and had been suffering from the effects of multiple sclerosis for many years.

Oops!

shocked.jpgYou know it’s been a bad day at the office when a typo costs your company over 27 billion yen, which equates to a cool $225 million.
Here’s what happened. A Mizuho Securities trader (ex-trader?) wanted to sell one (1) share of J-Com Co. on Thursday morning at 610,000 yen. However, the trader typed the trade in to sell 610,000 shares at 1 yen. Although J-Com was debuting on the Tokyo Exchange with approximately 15,000 shares being offered, the Tokyo Exchange went ahead and processed the sale of J-Com, even though the sale was approximately 41 times the number of outstanding shares. The parent company of Mizuho Securities (Japan’s second largest bank) publicly stated that it would fully back the losses from the erroneous trade (how’s that for a cost of doing business?), which could wipe out Mizuho Securities’ first quarter profit of 28 billion yen (or $233 million). The Times Online article on the trade is here.
And lest we think that only anonymous traders make mistakes, this Andy Kessler/Wall Street Journal ($) piece reminds us that even the Oracle of Omaha is not infallible:

Shrines to Warren Buffett now outnumber Elvis altars. Which makes the Oracle of Omaha’s very public bet against the dollar going into this year even more painful for his copycats. Berkshire put on $21 billion in contracts with a value of $1.8 billion and cited “deep-rooted structural problems” and the need for changes in trade policy and dollar declines. With the dollar up 16% against the euro and yen, the investment was down $897 million as of October. So was his stock, until he was bailed out by three gals, Katrina, Rita and Wilma, who popped insurance rates. Can he repeat that little trick next year?

What’s the big deal with the Lord of Regulation?

Spitzer42.jpgMatthew T. Bodie is a Hofstra law professor who is guest blogging over at the Conglomerate blog and, in this post, wonders why fellow law professors such as Stephen Bainbridge and Larry Ribstein are critical of New York attorney general Eliot Spitzer. After extolling the merits of the Lord of Regulation’s crackdown on the mutual fund and investment banking industries, Mr. Bodie then observes:

All of these accomplishments took creative application of the laws, as well as the settlement process, to bring systemic changes to entire industries. . . Now, apparently it makes one a naif to believe that Spitzer has improved things. But really, what is so controversial about what he has done? Who was in favor of the gross conflicts of interests at play in analysts’ recommendations, so luridly displayed in emails? Who thought the rigged bidding in the mutual fund industry was a practice to be encouraged? Really, where’s the problem?

Mr. Bodie’s question is commonly asked regarding the use of the state power to prosecute or regulate through civil litigation the unpopular and greedy businessperson of the moment. “Why shouldn’t (insert the name of any Enron defendant, Arthur Andersen, Martha Stewart, Frank Quattrone, Hank Greenberg, etc) be prosecuted or sued,” the argument goes. “They probably did something illegal. So what if the state has to cut some corners in pursuing them. That’s a small price to pay for protecting us from these evil people, isn’t it?”

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Natural gas prices spike to new record

oil and gas well at sunset3.jpgIt was the coldest day of this winter season in Houston and much of rest of the U.S. yesterday, and the cold blast was met with a new record price for natural gas — January natural-gas futures hit an all-time high of $15.10 a million British thermal units on the New York Mercantile Exchange and then settled at a record high of $14.994 a million British thermal units.
Although damage to production facilities from the hurricanes earlier this year reduced available supplies of natural gas, the impetus for the current spike is cold weather. Although November was a relatively warm month, December is shaping up to be bitterly cold as weather futures on the Chicago Mercantile Exchange predict that December will be almost 25% colder than normal in Chicago and New York. What is even more remarkable is that the spike in natural gas prices isn’t bigger news than it is. Until the prior spike hike after hurricanes earlier this year, gas futures had rarely risen above the $10 a million BTU level and industry players thought a price of $15 was analogous to $100-a-barrel oil prices. Interesting how perceptions quickly change as people adjust to changing market conditions.

Mistrial declared on remaining counts in Duke Energy trading case

duke energy6.gifAs anticipated by this earlier post, U.S. District Judge Nancy Atlas declared a mistrial earlier today on the remaining 12 criminal counts against former Duke Energy trader, Timothy Kramer. Two days ago, the jury acquitted Kramer on seven counts and his co-defendant, former Duke Energy trader Todd Reid, on all counts. Earlier posts on the case are here.
This case establishes once again that it’s far easier in most white collar criminal cases involving the prosecution of agency costs to bludgeon a plea bargain out of the defendants than to obtain a conviction through a fair trial.

Bainbridge disassembles Nocera on SOX

Sarbanes_Oxley_Harm.jpgThe New York Times’ Joseph Nocera has written a couple of real doozy op-eds recently, one extolling the “lofty standards” of New York AG Eliot Spitzer and another one defending the virtues of the Sarbanes-Oxley Act, the latter of which contained a quote or two from UCLA law professor and well-known corporate law blogger, Stephen Bainbridge.
In this Tech Central Station op-ed, Professor Bainbridge dissects Nocera’s argument in favor of SOX and exposes the legislation for what it is — a knee-jerk legislative reaction to a brief spike in corporate accounting scandals that arose after the bursting of the late 1990’s stock market bubble. As Bainbridge lucidly points out, SOX neither makes such scandals less likely to occur nor improves the functioning of public-equity financing markets.
Advantage Bainbridge.