Monday, January 23, 2012 Tomorrow’s Headlines Market Snapshot Greece Near Deal With Creditors DJIA Nasdaq 12708.82 | -11.65 2784.17 | -2.52 S&P 500 1316 | +0.62 10-Year* 2.069% | -11/32 30-Year* 3.145% | -27/32 Euro $1.3033 | +0.01 Nymex Crude Source: SIX Telekurs, ICAP plc $99.58 | +1.12 *as of 4 PM ET Stocks U.S. stocks fell as investors mulled the sustainability of this year's rally and watched Europe for developments connected to the region's ongoing debt issues. "It seems like the market is getting a little tired or overbought, and that's what we're seeing right now. There's not much follow through," said Steve Sosnick, equity risk manager at Timber Hill/Interactive Brokers Group. "We've come a long way in a short period of time." Treasurys Yields on U.S. Treasury bonds hit new highs of the year Monday, with investors keen on putting their money back to work leading the market to its fourth straight price-losing session. This would be the longest selling streak in Treasurys since early October, when market participants became confident about European leaders' resolve to fix their debt crisis and the Federal Reserve began supporting the U.S. economy with the so-called Operation Twist stimulus program. Greece is aiming to make a formal offer to private-sector creditors on a bond swap deal by Feb. 13, a Greek Finance Ministry official said Monday. “Talks will continue intensively with the private sector as part of decisions made on Oct. 26 with the aim of a formal offer being made by Feb. 13,” the official said. In Brussels on Monday, Greek Finance Minister Evangelos Venizelos is expected to update his counterparts on the state of the talks with privatesector creditors to restructure some EUR206 billion of the country’s debt. More BofA Cuts To Save $8B A Year Bank of America Corp. (BAC), which already has targeted cuts in expenses of $5 billion, may seek to trim annual costs by as much as $8 billion in second phase, Bloomberg News reported Monday on its website, citing a presentation made Thursday to employees by Chief Executive Brian Moynihan. The potential $3 billion in additional savings could come from investment and commercial banking, trading and wealth-management units. A review is scheduled to be completed in April. In his message Thursday, Moynihan said the bank, in addition to savings already planned, will “pick up more in phase 2. That ought to get you $1.5 billion to $2 billion a quarter” in total savings. RIM’s New CEO Stays Course Research In Motion Ltd.’s (RIMM) new chief executive said he won’t divide the company into parts and is confident in its strategic path, but will be open to licensing partnership offers as they come along. continued on page 2 Tomorrow’s Calendar 7:45 a.m. ICSC-Goldman Sachs Chain Store Sales Index WoW (previous +0.1%), YoY (previous +3%) 8:55 a.m. Johnson Redbook Retail Sales Index MoM % Change (previous -1.4%), 12MonChgPct (previous +3.1%), 52WkChgPct (previous +2.8%) 10:00 a.m. Dec Regional & State Employment & Unemployment 10:00 a.m. International Monetary Fund - IMF World Economic Outlook, Global Financial Stability Report, and Fiscal Monitor Updates 10:00 a.m. Jan Richmond Fed Business Activity Survey Manufacturing Index (previous 3), Retail Revenues Index (previous 4), Services Revenue Index (previous 22), Shipments Index (previous 3) 4:30 p.m. API Weekly Statistical Bulletin Crude Stocks (Net Change) (previous -4.81M), Gasoline Stocks (Net Change) (previous +4.31M), Distillate Stocks (Net Change) (previous -0.9M), Refinery Runs (previous 83.1%) N/A Federal Reserve Board - U.S. Federal Open Market Committee meeting, day 1 N/A U.S. President - Obama delivers 2012 State of the Union address Forex The euro took a hit, but remained above $1.30, after news that euro-zone finance ministers have told their Greek counterpart that the country shouldn't expect an increase in bailout money even though the country's economy is worsening, according to Dow Jones sources. Traders have been closely watching Greece as the country tries to restructure its debt. The euro is down to $1.3010 from about $1.3031 just before the news was released, according to EBS via CQG. Copyright © Dow Jones & Company, Inc. All Rights Reserved. solutions.dowjones.com/tnt page 1 Monday, January 23, 2012 4 p.m. ET horizontal drilling and hydraulic fracturing, or fracking, have transformed its potential. Tomorrow’s Headlines continued Thorsten Heins, previously one of RIM’s two chief operating officers, was named chief executive by the company’s board late Sunday in a corporate shake-up and will face immediate scrutiny as he takes over the struggling BlackBerry maker. In a conference call Monday, Mr. Heins said the moves at RIM don’t signal a “seismic change,” and he will mostly stay on the path set by his predecessors. “I will not in any way split this up or separate this into different businesses,” Mr. Heins said. “If there [are] requests coming towards Research In Motion to talk about licensing that platform to other companies, I will entertain those discussions. I will listen.” Two areas Mr. Heins said the company does need to improve upon are marketing in the key U.S. smartphone market, and executing better with product rollout. EU Agrees To Embargo On Iran Oil European Union foreign ministers Monday agreed to enact an oil embargo on Iran to take effect immediately on new contracts and to impose a full oil embargo, including existing contracts, by July 1, EU diplomats said Monday. Under the policy, EU countries would be barred from signing new contracts to import Iranian oil as soon as the measures are officially published, expected Tuesday. But these countries could still import Iranian oil through July 1 under contracts signed before the embargo was enacted. A formal announcement by EU foreign ministers is expected early Monday afternoon. In its most sweeping moves yet, the EU also agreed sanctions on Iran’s central bank and decided to ban Iranian exports of petrochemical products from May 1. It also added trade bank Bank Tejarat to its sanctions list, diplomats said. The EU has agreed “unprecedented” sanctions on Iran, U.K. Foreign Secretary William Hague told reporters on the sidelines of a Foreign Ministers meeting that was ongoing Monday. Hague said the move “shows the resolve of the EU” to respond to “Iran’s continual breach” of international agreements. Apache To Buy Cordillera For $2.85B Apache Corp. (APA), one of the biggest U.S. energy explorers, is buying privately held Cordillera Energy Partners III LLC for $2.85 billion in a deal that underscores how new drilling techniques are remaking the U.S. oil business. The cash-and-stock deal gives Apache 254,000 acres atop a deeply buried layer of rock in what is known as the Granite Wash, which straddles the Texas-Oklahoma border. Apache has been drilling in the area for 35 years, but new methods of recovering oil and natural gas, including The deal marks only the second time in the past 16 years that Apache has purchased a company for more than $500 million. Apache has been buying into mature and still-profitable oil fields around the globe, a strategy that is leading the company back into the region where it was formed 57 years ago. Chesapeake Energy To Cut Production Chesapeake Energy Corp. (CHK), one of the oil and gas producers at the origin of the current natural gas supply glut, said it will reduce drilling activity this year amid cratering prices for natural gas. The announcement from the second-largest U.S. natural gas producer after Exxon Mobil Corp. (XOM) helped send Nymex natural gas futures for February to $2.432 per million British thermal units mid-morning Monday, up 8 cents from Friday. After drilling more U.S. gas wells in recent years than any other company, Chesapeake, based in Oklahoma City, said it was cutting spending as natural gas prices had unexpectedly reached its lowest levels in a decade. “An exceptionally mild winter to date has pressured U.S. natural gas prices to levels below our prior expectations and below levels that are economically attractive for developing dry gas plays in the U.S., shale or otherwise,” said Chief Executive Aubrey K. McClendon. Court Strikes J&J Stent Patents A federal court ruled that stents marketed by Boston Scientific Corp. (BSX), Abbott Laboratories (ABT), and Medtronic Inc. (MDT) don’t infringe on Johnson & Johnson (JNJ) patents, the latest decision in the companies’ longrunning battle over intellectual property. The two patents have to do with a drug used on stents. Pfizer Inc.’s (PFE) Wyeth manufactures the drug, called sirolimus, and licenses it to Johnson & Johnson’s Cordis unit. The drug is used on Johnson & Johnson’s Cypher stent, the first drug-eluting stent approved in the U.S., Boston Scientific’s Promus stent and Abbott’s Xience— essentially the same stent—as well as Medtronic’s Endeavor, use derivatives of the drug. The U.S. District Court in New Jersey ruled that the patents brought by Johnson & Johnson in lawsuits were invalid. Johnson & Johnson said it plans to appeal the ruling and declined to comment on any financial impact from the ruling. Diamondback To Pay $9M In Settlement Diamondback Capital Management, a U.S. hedge fund, agreed to pay the government more than $9 million to put insider-trading allegations behind it, while entering into a nonprosecution agreement with federal prosecutors in connection with a criminal investigation, federal authorities said Monday. Copyright © Dow Jones & Company, Inc. All Rights Reserved. solutions.dowjones.com/tnt continued on page 3 page 2 Monday, January 23, 2012 4 p.m. ET Tomorrow’s Headlines Starbucks To Expand Evening Menu continued Starbucks Corp. (SBUX) said it would expand its nascent attempt to drum up evening business with beer, wine and premium food at select locations in new regions. Last week, the Securities and Exchange Commission accused Diamondback, two of its former employees, another hedge fund and five other individuals of civil insider-trading violations. Under Diamondback’s proposed settlement, the money manager will pay the government more than $6 million in alleged illegal gains and interest from trading in shares of Dell Inc. (DELL) and Nvidia Corp. (NVDA) in 2008 and 2009, plus a $3 million civil penalty to settle the SEC matter, the regulator and Manhattan U.S. Attorney’s office said Monday. Halliburton 4Q Net Up Halliburton Co.’s (HAL) fourth-quarter earnings rose 50% as the raging U.S. energy boom brought the oilfield-service provider’s revenues to record levels. The second-largest oilfield-service company after Schlumberger Ltd. (SLB), Halliburton is the top seller of hydraulic fracturing, or fracking, services in North America. That service is essential in cracking open deeply buried oiland-gas-bearing rocks, including shale, an area on which energy companies have been making big bets for future growth. Last week, Schlumberger said its fourth-quarter earnings rose 36% as a global drilling frenzy continued despite fears about the global economy. Kodak Names Restructuring Head Eastman Kodak Co. (EKDKQ) said Monday it has retained James A. Mesterharm as its new chief restructuring officer to help steer the struggling film company through bankruptcy court, after Dominic DiNapoli held the role for just a few days. Kodak said the change “does not reflect any disagreement or difference of opinion” between DiNapoli, a vice chairman at FTI Consulting Inc. (FCN), and the company. Kodak had named DiNapoli its chief restructuring officer Thursday, the same day it put itself into bankruptcy court. Officials Cut Shale Resource View U.S. energy officials have cut their estimates of natural gas resources, saying Monday there is far less natural gas in a region known as the Marcellus Shale than previously thought. Despite the downward revision in the amount of shale gas that can be recovered, but not yet proven to exist, officials at the Energy Information Administration said the U.S. will still produce more natural gas than it needs in coming years and will likely become a net exporter of natural gas by 2021. In a sneak peek Monday of its closely watched annual energy report for 2012, the EIA said it thinks there are about 480 trillion cubic feet of shale gas in the U.S., down from earlier estimates of 830 trillion cubic feet. The coffeeshop operator already runs the concept at five stores in the Seattle area—the company’s original stomping ground—and one in Portland, Ore. 2013 Budget To Be Relased Feb. 13 The White House will release on Feb. 13 President Barack Obama’s proposed budget for the federal government, according to an administration official. The White House has offered few details about what would be in the budget, but President Obama said it would include eliminating tax breaks for U.S. companies moving jobs overseas, as well as tax benefits for firms that bring jobs back from abroad. Merkel Presses EU For Binding Pact German Chancellor Angela Merkel on Monday called on European leaders to make good on promises to create a strong fiscal union to rescue the euro currency. Merkel, speaking at the Konrad Adenauer Foundation, said Europe’s completing a political union to bolster Europe’s monetary union is the “greatest challenge” in the coming years. Shakeup In DOJ Antitrust Unit Sharis Pozen, the Justice Department’s chief antitrust enforcer, is preparing to leave her post, likely as soon as this spring, according to people familiar with the matter. Pozen, who has served as the acting head of the department’s Antitrust Division since August, is likely to return to private practice, these people said. They said Pozen has informed the White House of her intentions. During her short tenure, Pozen has overseen one of the department’s biggest merger challenges in a generation: its successful bid to block AT&T Inc.’s (T) proposed $39 billion acquisition of T-Mobile USA. W Pincus To Raise $1B For Oil Buy New York-based Warburg Pincus is looking for coinvestors to help it raise $1 billion for Venari Resources LLC, a new deepwater exploration and production company, LBO Wire has learned. The planned investment comes as other private equity firms are capitalizing on previous bets on oil development in the Gulf of Mexico nearly two years after the Deepwater Horizon disaster raised concerns about the future of exploration in the region. Warburg is committing $500 million to the new venture, according to people with knowledge of the situation. Copyright © Dow Jones & Company, Inc. All Rights Reserved. solutions.dowjones.com/tnt page 3 Monday, January 23, 2012 4 p.m. ET Copyright Dow Jones & Company, Inc. Talking Points Tomorrow's News Today is made available as a complimentary service to Dow Jones News Service paying subscribers. No further redistribution is permitted without written permission from Dow Jones. Tomorrow’s News Today is intended to provide factual information, but its accuracy cannot be guaranteed. Dow Jones is not a registered investment adviser, and under no circumstances shall any of the information provided be construed as a buy or sell recommendation or investment advice of any kind. Small-Cap Index Eyes Record High Want to send a co-branded daily version to your valued clients? Dow Jones offers subscribing firms the opportunity to co-brand Tomorrow's News Today for redistribution to their clients. If your firm is interested in co-branding, please contact us at newswires@dowjones.com or 1.800.223.2274. Overbought readings aside, price action in the Russell 2000 index of small capitalization stocks suggests further upside, with a return to last year’s all-time high a viable target. After running up 5.5% since the start of 2012, and nearly 30% off the early October closing low, it wouldn’t be a big surprise to see the Russell 2000 pull back. But there are a number of technical thresholds the index has surpassed to suggest the current rally is part of a long-term uptrend, indicating any weakness should be viewed as a buying opportunity. First, the index has sustained gains above the 200-day simple moving average, which has acted as a pivot point—both support and resistance—since the index was carving out a bottom in mid 2010, for the last couple weeks. In addition, the Russell 2000 has climbed above the key 61.8% Fibonacci retracement level—766.63—of the decline from the all-time high of 868.57 seen in intraday trading on May 2, 2010 to the Oct. 4 intraday low of 601.71. Many chart watchers feel if a retracement surpasses the Fibonacci ratio of 0.618, a new trend has begun. And the initial target of that trend becomes a full retracement of the prior move. Third, the index is above a downtrend line starting at the October highs around the same time it rose above the 200-day SMA. Schaeffer’s Investment Research senior vice-president of research Todd Salamone said the break of this “neckline” confirms a bullish “inverse head-and-shoulders” pattern, in which the early-November and mid-December lows are the upside down shoulders, and the late-November low is the head. A measured-move target following the completion of this pattern is derived by adding the height of this pattern—the distance from the top of the pattern to the bottom of the head—to the breakout point. In this case, the target is around 860, which is right around the all-time high. Just getting above some key technical levels isn’t necessarily enough to suggest the advance can return to prior highs, or that the downside will be limited. Especially since some underlying momentum indicators have reached upside extremes. But there’s more to the rally than just technical breakouts. New Stimulus Could Be CounterProductive U.S. President Barack Obama’s State of the Union speech set for Tuesday is expected to focus on ways to help the economy. But proposals for new aid may end up hurting the outlook. Recent data indicate the U.S. recovery is sturdier. Economists expect real gross domestic product grew at a solid 3.0% in the fourth quarter. Data so far in January from regional factory activity to jobless claims show growth continued in early 2012. Existing government help ensures growth will not stall again as it did in 2010 and 2011. The social security tax cut and extended jobless benefits provide cash for consumers to spend. State and local budgets would be in far worse shape if past federal aid had been absent. So why should Obama tread carefully when suggesting new programs? The potential negative comes not from the ideas themselves. More stimulus would provide insurance that would come in handy if the euro zone implodes, or if geopolitical tensions push up energy prices. The danger comes down to politics and the upcoming election. Any new legislation will run into the buzzsaw of political fighting. The squabbling is certain to inject uncertainty and pessimism back into economic decision-making. continued on page 5 Copyright © Dow Jones & Company, Inc. All Rights Reserved. solutions.dowjones.com/tnt page 4 Monday, January 23, 2012 4 p.m. ET Talking Points continued Remember the protracted fight over lifting the debt ceiling last August. Consumer sentiment nose-dived, amid a record low level of confidence in Washington’s ability to guide the economy. Surveys of business sentiment also showed more pessimism, with the debt-ceiling debate and the downgrade of Treasury debt given as reasons for the sour mood. The end result: businesses took a wait-and-see attitude—which hurt hiring. While the recovery is looking better, growth is not surging. Headwinds have diminished, but obstacles such as oversupply in housing, household deleveraging, and high unemployment still hold back the economy’s potential growth rate. A new dose of political uncertainty raises the odds that 2012 will be the third consecutive year to see a stall in growth. Meet The Slow-Growth S&P 500 The days of double-digit earnings growth are over. S&P 500 companies are on track to post earnings growth of 9.5% year-on-year for the fourth quarter, according to FactSet Research. At first glance, that may seem only a slight miss from the double-digit earnings growth that previously powered this profit cycle. That headline figure, however, is inflated by the earnings rebound of one specific company: the notorious AIG. American International Group Inc. (AIG), which is still more than three-quarters owned by the U.S. government after its near-collapse in 2008, is expected to post earnings of 62 cents a share when it turns in results Feb. 23. That compares with a year-ago loss of a whopping $16.20. Exclude AIG, and the estimated earnings-growth rate for the financials sector—one of only two expected to report a double-digit gain for the quarter, along with energy—turns negative. For the S&P 500 as a whole, it falls from 9.5% to just 2.2%. That is a marked slowing from the average 16.3% earnings growth rate that prevailed in the first three quarters of 2011, according to Thomson Reuters. And it wasn’t anticipated: The share of companies that have missed their earnings estimates so far is the highest yet this cycle. A rebound back to double-digit earnings growth at this point would be unlikely. Indeed, analysts have gone from expecting 14% earnings growth for the full year back in July to about 9.6% now. And that figure, based on bottoms-up earnings estimates, may still be too high. According to Barclays Capital strategist Barry Knapp, the high ratio of earnings misses for the fourth quarter points to a further slide in full-year forecasts. Stocks will have to find another handhold to continue their climb. Discover Hidden Treasure Take a FREE 2-week trial! www.diversifiedmarkets.dowjones.com Get a head start over your competitors. DBR will save you time on research and can lead you directly to the hidden treasure. Copyright © Dow Jones & Company, Inc. All Rights Reserved. solutions.dowjones.com/tnt page 5