Ranchers whack Tyson Meats

An Alabama federal jury yesterday awarded a group of ranchers $1.28 billion in damages after it found that Tyson Fresh Meats, the country’s largest beef packer and a division of Tyson Foods, used illegal cattle contracts to hold down the prices it paid them. The cattle ranchers originally filed their suit against IBP Inc., which was later bought by Tyson Fresh Meats. This is the first verdict in the three class actions that cattle ranchers have brought against three of the four largest beef packing companies in the U.S. The other two cases remain pending in Alabama federal court.

Analyzing the proposed marriage of Tinkerbell and Howard Stern

For my money, Holman Jenkins of the Wall Street Journal (subscription requried) is one of the most insightful commentators on business and related political matters on the scene today. In today’s column, Mr. Jenkins analyzes Comcast’s bid for Disney. The entire piece is well worth reading, but here are a few tidbits:

Four years ago we adopted Disney and Michael Eisner as our standard example of how the world had been left off-kilter by the absence of hostile takeovers. Nothing would do more to redress the imbalance of power that puts CEOs in the catbird seat, we said, than restoring a lively market for corporate control, which had been all but outlawed by court decisions and state laws.
Picking at the scab in several subsequent columns has finally paid off. That said, last week’s Comcast offer isn’t a good deal for Disney, even if Comcast’s Brian Roberts is hoping Mr. Eisner no longer has the credibility to say so. Disney is a “content” company, and even if badly run, gets up every morning with a chance to start anew. Comcast is the one that finds itself nowadays in a strategic pickle.
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A final note on the content vs. distribution quandary: The merest whiff of a media merger brought out the Chicken Littles, consisting of self-appointed consumer groups in full cry about media monopolization. Listen closely and the substance of current complaints about the media is exactly the opposite: too little control, too many voices, too much programming that serves tastes and values the critics disapprove of.
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Unquestionably, public anxiety over the expanding media cacophony is a real phenomenon, as evidenced by the urge to link every act of juvenile delinquency to something learned on the Internet or heard on a heavy-metal record. There’s almost a neurosis at work here: What critics want is Big Brother, but saying so would be the ultimate political incorrectness, so they phrase their agenda as fear of Big Brother, usually bearing a resemblance to Rupert Murdoch.

Cingular is the winner

Cingular won the bidding war for AT&T Wireless, beating Vodafone with an offer of $41 billion. Regulators are expected to approve the deal to create the largest U.S. wireless company. As usual, the Wall Street Journal (subscription required) is all over the story, and the NY Times also has extensive coverage on the merger.

Mayor names new Houston City Attorney

Houston Mayor Bill White announced Arturo Michel, a partner at Bracewell & Patterson, as the new city attorney Tuesday. As City Attorney, Mr. Michel will oversee an attorney staff of approximately 100, which primarily handles contract matters for the city, prosecutes municipal offenses, and defends the city in civil litigation.

El Paso writes down reserves

Houston based El Paso Corporation disclosed that it is reducing the value of its estimated proven reserve base of its oil and gas properties by 41%. Proven reserves represent what an oil and gas company can reasonably expect to produce based on economic conditions and technology. As a result, El Paso will record a one-time, non-cash charge against its fourth-quarter earnings of about $1 billion on a pretax basis, which, under federal securities rules, must be taken to reflect the decline in value of the proven reserve base on El Paso’s books.
El Paso’s move comes on the heels of Royal Dutch/Shell Group‘s announcement last month that it was reducing the value of its proven reserve base by 20 percent and El Paso’s warning to investors earlier this month that it expected to make a material negative revision in its proven reserve estimates.
El Paso continues to struggle under a heavy debt load. It has also been liquidating a number of assets over the past year to raise cash and reduce debt.
Update: The Houston Business Journal this afternoon reports that El Paso’s stock price was hammered today on the report of the reserve write down. The HBJ article includes analysis on El Paso from John Olson of the Sanders Morris Harris investment firm. Mr. Olson gained local fame when he was one of the only investment analysts who was bearish on the stock of Enron Corp. well before Enron melted down in late 2001.

Astroturf manufacturer goes bust

Southwest Recreational Industries Inc., the Leander, Texas-based maker of the sports field surface AstroTurf, has filed bankruptcy and has requested a Georgia Bankruptcy Court that that it be allowed to liquidate on orderly basis under chapter 11, the Austin American Statesman reports here. SRI’s initial motion to use cash collateral describes a surprisingly highly-leveraged business that essentially choked under a combination of high debt service payments and the costs associated with installing its product. SRI’s initial bankruptcy docket can be reviewed here. Although SRI’s corporate offices are in Leander, Texas (25 miles northwest of Austin), its manufacturing operations are in Georgia where the bankruptcy case was filed.

Initial Tinkerbell response to Howard Stern: You’re too cheap!

Walt Disney Co. has rejected Comcast‘s initial takeover offer. Inasmuch as Comcast’s offer was low-ball, this is no surprise. However, Comcast will likely sweeten the offer and ultimately Disney’s board will likely be forced to allow shareholders an opportunity to accept a Comcast tender offer. Stay tuned for developments.
Meanwhile, the Wall Street Journal has an excellent editorial (subscription required) today, a part of which points out the following:

Whatever the outcome, Comcast’s bid for Disney shows that the mere threat of takeovers can have benefits. Even if it fends off Comcast, Disney’s board is finally going to have to address the company’s failings.
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Research shows that when shareholders are a dominant management influence, companies do better.
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Our own hope is that Disney’s board lets its bosses — the shareholders — first decide who they want running the company. With that out of the way, Disney can then work on the details of recapturing its former financial glory.

Hey Prof, we may be stupid, but we can read

A Sul Ross State economics professor who criticized his students’ academic competence in an obscure magazine article was surprised to learn that his students (and the local townspeople) actually read the article.

Skilling Conviction no tap in

The Houston Chronicle leads with a story today that the long expected indictment of former Enron CEO Jeff Skilling this week does not mean that the government will have an easy time convicting Mr. Skilling of a crime. The same thought was expressed last week in an earlier post on Mr. Skilling.
Interestingly, although numerous former Enron executives have been indicted, the Enron Task Force has yet to take one of the cases to trial. Indeed, the only Enron-related prosecution to date has been the conviction of corporate defendant Arthur Andersen, which by no means was an easy (or clear cut) victory for the government.
Virtually every Enron-related indictment to date has contained so many alleged offenses that a conviction would lead to a prison sentence of draconian length. Accordingly, rather than risk an extremely long prison sentence after a trial in an environment that is extremely hostile to anyone related to Enron, most of the Enron defendants are electing to cop plea bargains, such as the plea bargain that ex-Enron CFO Andrew Fastow agreed to last month.
The government’s strategy in the Enron criminal cases is at least mildly troubling. The government indicts an individual with so many counts of alleged crimes that the defendant is confronted with the choice of risking trial and the potential of virtual life imprisonment or striking a plea bargain that limits their jail time, but waives valid defenses to the alleged wrongdoing. The government’s job is to indict and convict wrongdoers, not to sledgehammer citizens into copping pleas. I am hopeful that the District Judges involved in the Enron criminal cases (and there are several very good Southern District of Texas Judges involved in these cases) dismiss criminal counts that the government has merely added for leverage purposes and allows the government to proceed to trial only on those counts where there is sufficient evidence that a fact finder could decide that a crime occurred.

Houston Bankruptcy Law News

The Houston Bar Association Bankruptcy Section‘s monthly lunch meeting is tomorrow at 11:30 a.m. in the Houston Club in downtown Houston at 811 Rusk Ave (map here, but takes a while to load). Houston bankruptcy attorneys Preston Towber and Joe Epstein will be giving a talk on practice and procedure relating to involuntary bankruptcy cases.
Also, new Bankruptcy Judge Marvin Isgur (a prior post detailing Judge Isgur’s background is here) will use this luncheon to introduce his new staff to the local attorneys in attendance. Admission cost for the seminar and lunch is $30, payable at the door. If you plan to attend, please call Michelle Pittman at 713.216.4075 to reserve a seat.
Finally, next Tuesday, February 24, the HBA Bankruptcy Section will host a reception for Judge Isgur at 5:30 p.m. in the foyer of The Hobby Center in downtown Houston after Judge Isgur’s formal Investiture ceremony earlier that afternoon. If you plan to attend the reception, please call Ms. Pittman at 713.216.4075 to let her know so that a reasonably accurate head court can be estimated prior to the reception.
Elaine McAnelly is the Chair of the HBA Bankruptcy Section, and Elaine and her staff have been doing a great job coordinating recent events honoring incoming Judge Isgur and retiring Judge Leal. Good work, Elaine!