GLG News by Warehouse Club Experts

Rick SheaPresidentShea Marketing Consulting Inc.

Kraft and Sara Lee turnaround ? Real or wishful thinking ?

March 14, 2008

Analysis of:Kraft, Sara Lee say turnaround efforts are succeeding | www.chicagotribune.com

Kraft and Sara Lee executives recently spoke at analyst conference concerning their recent improvements to drive sales growth and improve operating margins.Both suggested the progress is real and sustainable.   Kraft highlighted new products and headcount reduction as keys to their progress.New products are clearly needed and our key to drive future sales growth.The job cuts they mentioned are real and should help them provide a lower cost basis to expand marketing and potentially improve margins at the same time.  Sara Lee also touted new product innovation and organizational restructuring as means to improve their growth and enhance profitability.Pricing is also key at both companies as they face strong headwinds in the face of commodity inflation.  Do we believe both CEO's assertions and are better days ahead for both companies ?

Martin BrillManaging PartnerSweetwater Consulting LLC

Department Stores Are Giving Up Market Share to Discounters and Off-Price Retailers

March 7, 2008

Analysis of:Shares Slump as February Comps Disappoint | www.wwd.com

Middle income consumers are trading down from department stores such as Kohl's,  Bon-Ton and Macy's to off-price retailers and discounters like TJX and Ross Stores, Wal-Mart and Costco.  Missy apparel retailers and brands targeting "boomers" are suffering more than most in this economic downturn. Aeropostale, Urban Outfitter's, J. Crew and H&M are thriving at a time most specialty retailers, catering to younger shoppers, are reporting negative comps.

Douglas LichtmanProfessor of LawUNIVERSITY OF CALIFORNIA, LOS ANGELES

TSRA: The Market Overreacts

February 27, 2008

Analysis of:Stay Motion Granted in U.S. ITC Wireless Action | www.tessera.com

Bad news out of the Patent Office combined with a disappointing ruling at the ITC to fully clubber Tessera's stock over the last two days.  Scratch the surface, however, and the loss is nowhere near as significant as some seem to believe.

Douglas LichtmanProfessor of LawUNIVERSITY OF CALIFORNIA, LOS ANGELES

BRCM v. QCOM: Reasons for Concern at the ITC

February 25, 2008

Analysis of:Commission Investigative Staff's Response to Motions to Intervene | edisweb.usitc.gov

Last year, BRCM convinced the ITC to issue an exclusion order barring the importation of certain power-saving technologies that were then in common use.  QCOM responded by developing a "work-around" that supposedly could be imported because its underlying technology was sufficiently different from the banned version.  Now, the ITC is investigating whether QCOM in fact has a sufficiently different technology in hand, or whether instead QCOM's new versions should be barred alongside the old ones.  The problem?  One of QCOM's defenses for its new version has already been called into question by the ITC staff.

Douglas LichtmanProfessor of LawUNIVERSITY OF CALIFORNIA, LOS ANGELES

QCOM v. NOK: Delaware Gets the Green Light

February 25, 2008

Analysis of:Nokia, Qualcomm will Stand Down on Patent Suits | www.bloomberg.com

After weeks of delay, QCOM and NOK finally agreed today on the details of what will be covered in the Delaware litigation.  There were few surprises.  The CDMA arbitration is now officially history.  The patent "stand down" is in effect.  But the most important thing to recognize is that, no, settlement is not on the horizon.

Douglas LichtmanProfessor of LawUNIVERSITY OF CALIFORNIA, LOS ANGELES

TSRA: Tessera at the ITC

February 25, 2008

Analysis of:TSRA 10-Q Filing at the SEC | yahoo.brand.edgar-online.com

Tessera begins a big hearing this week at the ITC.  But the firm's more interesting legal fight is playing at the Patent Office, where several reexamination proceedings are underway, and questioning the validity of some of the firm's most important patents.

Douglas LichtmanProfessor of LawUNIVERSITY OF CALIFORNIA, LOS ANGELES

Limelight v. Akamai: The Trial

February 7, 2008

Analysis of:Limelight Networks Announces Rulings on Pretrial Motions; Trial on Remaining Patent to Begin Monday 11 February | biz.yahoo.com

Limelight and Akamai are ready to face off next week in front of a jury.  At issue?  Akamai's long-standing claim that Limelight's basic architecture violates one of Akamai's main patents.

Douglas LichtmanProfessor of LawUNIVERSITY OF CALIFORNIA, LOS ANGELES

QCOM: BRCM and NOK Fights Drag On

February 1, 2008

Analysis of:Ban on Qualcomm 3G chips left in place | www.reuters.com

Recent news in both the BRCM and NOK fights confirm what many of us have been saying for a while now: these litigations are nowhere near over, and QCOM has a long road to travel before it will finally clear these issues and emerge with a (very) healthy forward-looking business.

Martin BrillManaging PartnerSweetwater Consulting LLC

Sailing In Rough Waters, Old Navy Charts a New Merchandising Course

January 31, 2008

Analysis of:Makeover at Old Navy: Faster Fashion a Key to Monthly Collections | www.wwd.com

In moving  from a key item merchandizing strategy to monthly "wardrobe building collections," will Old Navy  alienate of many of its core customers? Does Old Navy have the sourcing and logistics structure in place to execute a fast fashion delivery initiative without severe disruption of its supply chain? With no apparel retail experience in his resume, can Glenn Murphy, CEO of Gap Inc.,  properly evaluate the risks to customer loyalty,  inherent to radical merchandizing strategy shifts?

Douglas LichtmanProfessor of LawUNIVERSITY OF CALIFORNIA, LOS ANGELES

The Fight over Ripping Music at Home

January 31, 2008

Analysis of:Rip This, and Sue That | www.npr.org

The Washington Post recently reported that the Recording Industry of America (RIAA) was suing an Arizona man for copying onto his computer music that he had legally purchased in physical form.  The story turned out to be false; RIAA was not suing on such a theory.  But the mistake was picked up on CNN and echoed throught the popular press, and as a result today there is enormous pressure on RIAA to speak up about what the law really says about home copying of legally purchased music.  In this post, I talk about what they have and what they should say -- and the gap between those two.

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