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Monthly Archives: February 2012

Market Update

Stocks have been unable to build on their recent rebound effort, leaving the major equity averages to remain in the red. Although energy stocks had been displaying leadership, the sector’s momentum has stalled. As a result, energy stocks are now up just 0.2% for the day. That said, names like Devon Energy (DVN 67.61, +1.97), Cabot Oil (COG 35.04, +1.00), and Newfield Exploration (NFX 39.40, +1.24) are still sporting gains roughly on the order of 3%.

Market Update

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GOVERNMENT GONE WILD: Feds Shut Down Amish Farm for Selling Fresh Milk

via Washington Times

The FDA won its two-year fight to shut down an Amish farmer who was selling fresh raw milk to eager consumers in the Washington, D.C., region after a judge this month banned Daniel Allgyer from selling his milk across state lines and he told his customers he would shut down his farm altogether.

The decision has enraged Mr. Allgyer’s supporters, some of whom have been buying from him for six years and say the government is interfering with their parental rights to feed their children.

But the Food and Drug Administration, which launched a full investigation complete with a 5 a.m. surprise inspection and a straw-purchase sting operation against Mr. Allgyer’s Rainbow Acres Farm, said unpasteurized milk is unsafe and it was exercising its due authority to stop sales of the milk from one state to another.

Adding to Mr. Allgyer’s troubles, Judge Lawrence F. Stengel said that if the farmer is found to violate the law again, he will have to pay the FDA’s costs for investigating and prosecuting him.

His customers are wary of talking publicly, fearing the FDA will come after them.

“I can’t believe in 2012 the federal government is raiding Amish farmers at gunpoint all over a basic human right to eat natural food,” said one of them, who asked not to be named but received weekly shipments of eggs, milk, honey and butter from Rainbow Acres, a farm near Lancaster, Pa. “In Maryland, they force taxpayers to pay for abortions, but God forbid we want the same milk our grandparents drank.”

The FDA, though, said the judge made the right call in halting Mr. Allgyer’s cross-border sales.

“Intrastate sale of raw milk is allowed in Pennsylvania, and Mr. Allgyer had previously received a warning letter advising him that interstate sale of raw milk for human consumption is illegal,” agency spokeswomanSiobhan DeLancey said.

Neither the FDA nor the Justice Department, which pursued the legal case, provided numbers to The Washington Times on the cost of the investigation and court fight.

Fans of fresh milk, which they also call raw milk, attribute all kinds of health benefits to it, including better teeth and stronger immune systems. Raw milk is particularly popular among parents who want it for their children.

In a unique twist, the movement unites people on the left and the right who argue that the federal government has no business controlling what people choose to consume.

In a rally last year, they drank fresh milk in a park across Constitution Avenue from the Senate.

But the FDA says it concluded, after extensive study along with the Centers for Disease Control and Prevention, that raw milk is never safer than pasteurized milk. It disputes those who say pasteurization — the process of heating food to kill harmful organisms — makes it less healthy.

Many food-safety researchers say pasteurization, which became widespread in the 1920s and 1930s, dramatically reduced instances of milk-transmitted diseases such as typhoid fever and diphtheria.

The FDA began looking into Mr. Allgyer’s operations in late 2009, when an investigator in the agency’s Baltimore office used aliases to sign up for a Yahoo user group made up of Rainbow Acres customers.

The investigator placed orders for fresh milk and had it delivered to private residences in Maryland, where it was picked up and documented as evidence in the case. By crossing state lines, the milk became part of interstate commerce and thus subject to the FDA’s ban.

At one point, FDA employees made a 5 a.m. visit to Mr. Allgyer’s farm. He turned them away, but not before they observed milk containers labeled for shipment to Maryland.

After the FDA first took action, Mr. Allgyerchanged his business model. He arranged to sell shares in the cows to his customers, arguing that they owned the milk and he was only transferring it to them.

Judge Stengel called that deal “merely a subterfuge.”

“The practical result of the arrangement is that consumers pay money toMr. Allgyer and receive raw milk,” the judge wrote in a 13-page opinion.

Grassfed On the Hill Buying Club has about 500 active members.

Liz Reitzig, a mother who has become a raw-milk activist and is an organizer of the group, said the lawyers who pursued the case againstMr. Allgyer ought to “be ashamed.”

“Many families are dependent on the milk for health reasons or nutritional needs, so a lot of people will be desperately trying to find another source now,” she said.

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Market Update

A recent rebound attempt has been countered with renewed selling, forcing both the Nasdaq and S&P 500 to new morning lows. Meanwhile, the Dow is testing the depths that it set about 40 minutes ago. While stocks are sliding, the greenback is garnering additional buying interest. The currency has climbed to a new morning high for a 0.6% gain against a basket of major foreign currencies. Most of its move has come against Japan’s yen, which has fallen 1.1% so that it trades at 78.4 yen per dollar. The move follows news that Japan’s central bank has expanded the size of its asset purchase program. Meanwhile, the euro is down just 0.2% against the greenback at $1.31.

Market Update

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{VIDEO/PHOTO} KATE UPTON IS 2012 SPORTS ILLUSTRATED SWIMSUIT ISSUE COVER MODEL

via USA TODAY

 

Kate Upton was revealed as cover model of the 2012 Sports Illustrated Swimsuit Issue during a taping of CBS’ The Late Show with David Letterman in New York Monday night.

SI unveiled a billboard of Upton’s cover image across from Letterman’s Ed Sullivan Theater in Manhattan. The 19-year old Florida native nabbed the coveted cover shot in only her second appearance. She was “Rookie of the Year” last year.

Among other SI models who appeared on the show: Julie Henderson, Jessica Gomes, Ariel Meredith, Alyssa Miller, Chrissy Teigen, Genevieve Morton, Izabel Goulart, Jessica Perez and last-year’s cover model Irina Shayk.

This year’s 2012 SI Swimsuit Issue hitting newsstands, the Web, tablets and iPhones today will feature 18 models and 6 athletes and will be read by an estimated 70 million adults.

 

Upton joins the list of other SI cover models, including: Kathy Ireland, Christie Brinkley, Cheryl Tiegs, Elle MacPherson, Tyra Banks and Brooklyn Decker.

Upton has beenromantically linked in the tabloids to New York Jets QB Mark Sanchezaccording to TheBig Lead.com.

She’s done TV work for MSG Network and caused a YouTube sensation by dancing the “Dougie” at a Los Angeles Clippers game.

Upton’s personal Web site describes her as the “next great Supermodel.” She was a competitive equestrian before turning to modeling.

She’s joined in this year’s issued by three male athletes: Olympic swimmer Michael Phelps; NBA star Chris Paul and tennis star Rafael Nadal.

And three female athletes wearing nothing but bodypaint: Olympic swimmer Natalie Coughlin; LPGA pro Natalie Gulbis; and U.S. women’s soccer star Alex Morgan.

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52 Week Highs and Lows

NYSE

New Highs 42 

COMPANY                       SYMBOL      HIGH                VOLUME 
-------                       ------      ----                ------ 
Aetna                         AET         46.61              276,397 
Amer Vanguard                 AVD         16.17               29,960 
Asbury Automotive             ABG         27.20              156,246 
BlRk Muyld NJ Qlty            MJI         16.74                8,589 
BlkRk MuniYld PA Quality      MPA         16.74                8,293 
BlkRk NY Muni                 BQH         17.05                  277 
Cedar Fair LP                 FUN         27.98               37,855 
Cementos Pacasmayo ADS        CPAC        11.65                2,700 
Citigroup Dep Shs T           CpI         49.77                  200 
Coach                         COH         75.61              479,305 
CompanhiaSBEDP                SBS         72.67               88,173 
Copa Hldgs Cl A               CPA         73.85               13,081 
CoreSite Realty               COR         21.94                9,253 
Curtiss-Wright                CW          41.91               74,480 
Fed Premier Intemediate       FPT         15.81                2,561 
First Tr Strat High Fd II     FHY         17.20               21,865 
WW Grainger                   GWW         209.90              37,393 
John Hancock Income Secs      JHS         15.83                4,160 
Huaneng Power                 HNP         25.97               36,208 
InvenSense                    INVN        19.34               71,387 
Invesco VnKmNY                VTN         16.47                4,729 
LSI Corp                      LSI         8.43               758,489 
LeapFrog Cl A                 LF          7.33               228,624 
Lennar Corp B                 LEN/B       19.46               33,839 
Lockheed Martin               LMT         88.55              193,646 
Magellan Midstream            MMP         69.89               38,517 
Michael Kors Holdings         KORS        41.32            3,785,309 
Motorola Mobility Hldgs       MMI         39.70            4,710,805 
Motorola Solutions            MSI         48.22              256,276 
Navigant Consulting           NCI         13.83               11,827 
Nuveen NC Premium Income      NNC         15.74                  400 
Nuveen Pa Investment Qual     NQP         15.68               15,269 
Ocwen Fincl                   OCN         15.71               85,886 
PionrMuniAdv Tr               MAV         15.36                8,725 
Pionr Muni HI Tr              MHI         15.44                9,455 
Plains All Amer Pipeline      PAA         81.17              101,903 
Rackspce Host                 RAX         54.09            2,351,605 
Rose Rock Midstream           RRMS        23.04                6,857 
SYNNEX                        SNX         39.24               13,321 
Targa Resources Partners      NGLS        40.47               31,945 
Terra Nitrogen                TNH         222.50              25,612 
Valspar Corp                  VAL         45.97              565,146 

New Lows 0 

COMPANY                       SYMBOL      LOW                 VOLUME 
-------                       ------      ----                ------

NASDAQ

New Highs 44 

COMPANY                       SYMBOL      HIGH                VOLUME 
-------                       ------      ----                ------ 
AEP Industries                AEPI        36.49                1,305 
Ansys                         ANSS        64.67                5,660 
Acorn Energy                  ACFN        8.41                42,091 
Affymax                       AFFY        11.36              344,010 
Alexion Pharm                 ALXN        85.15              153,485 
Amer Cap Mortgage Invt        MTGE        21.94              130,649 
Apple                         AAPL        505.23           3,361,426 
BCSB Bankcorp                 BCSB        14.36                1,532 
BSB Bancorp                   BLMT        11.30                  500 
Body Central                  BODY        27.99              172,818 
Carrols Restaurant Group      TAST        12.22                8,110 
Cincinnati Fincl              CINF        34.80               53,993 
Cynosure  (Cl A)              CYNO        15.35               82,552 
Dollar Tree                   DLTR        87.83               57,974 
Equinix                       EQIX        131.14             230,824 
Expedia                       EXPE        34.75              294,175 
FARO Techs                    FARO        59.22                9,503 
Fastenal Co                   FAST        51.49              412,832 
First Fincl Northwest         FFNW        7.23                   300 
German American Bancorp       GABC        21.76                  279 
Golar LNG Partners LP         GMLP        35.65                4,425 
Guidance Software             GUID        11.48               14,939 
HMS Hldgs                     HMSY        34.98               59,238 
Halozyme Therapeutics         HALO        11.69              281,256 
Insight Enterprises           NSIT        22.49              183,485 
Intuitive Surgical            ISRG        507.48              52,211 
Jive Software                 JIVE        19.00               89,379 
Liberty Global  Cl A          LBTYA       49.48              100,284 
Lincoln Electric Hldgs        LECO        45.86               17,185 
Liquidity Services            LQDT        43.51              129,015 
LivePerson Inc                LPSN        15.35              770,322 
North Central Bancshares      FFFD        21.81                  600 
OmniAmerican Bancorp Inc      OABC        17.11                8,521 
On Assignment                 ASGN        12.81              157,016 
PETsMART                      PETM        55.80              142,404 
pricelinecom                  PCLN        588.56             403,573 
Procera Networks              PKT         18.94               28,601 
Rand Logistics                RLOG        8.35                   200 
Simulations Plus              SLP         3.68                14,100 
Susser Hldgs                  SUSS        25.97               12,530 
Taylor Capital Group          TAYC        13.67               13,478 
US Home Systems               USHS        11.10               50,523 
Westport Innovations          WPRT        44.88              606,969 
Zygo                          ZIGO        19.97                8,502 

New Lows 2 

COMPANY                       SYMBOL      LOW                 VOLUME 
-------                       ------      ----                ------ 
Marshall Edwards              MSHL        0.90                48,300 
Silicon Graphics Intl         SGI         9.27               229,339

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This Morning’s Money Flows

ISSUE GAINERS                 SYMBOL   EXCH   LAST PRICE   MONEY FLOW    RATIO 
                                                          (in millions) 
Apple                          AAPL    NASD      503.53       +65.5       1.13 
iShrs Russell 2000             IWM     ARCA       81.86       +28.1       1.32 
iPath SP 500 VIX Sht Tm        VXX     ARCA       26.42       +22.7       2.55 
Motorola Mobility Hldgs        MMI     NYSE       39.66       +20.5       3.65 
Microsoft                      MSFT    NASD       30.28       +13.5       1.46 
General Mills                  GIS     NYSE       39.66       +13.4       4.76 
ExxonMobil                     XOM     NYSE       84.31       +13.2       1.90 
Johnson & Johnson              JNJ     NYSE       64.70       +11.3       2.56 
IBM                            IBM     NYSE      192.23       +11.0       1.99 
BMC Software                   BMC     NASD       39.24       +10.9      11.37 
Bank Of America                BAC     NYSE        8.02       +10.4       1.15 
Emerson Elec                   EMR     NYSE       51.85       +10.1       2.22 
Chevron                        CVX     NYSE      106.03        +9.7       1.70 
NewsCorp A                     NWSA    NASD       19.30        +8.6       4.24 
Disney                         DIS     NYSE       41.53        +8.6       2.40 
Philip Morris Intl             PM      NYSE       81.26        +8.2       2.25 
Pfizer                         PFE     NYSE       21.36        +7.4       2.30 
China Mobile                   CHL     NYSE       51.27        +7.3      16.52 
JPMorgan Chase                 JPM     NYSE       37.87        +7.2       1.43 
Caterpillar                    CAT     NYSE      114.12        +7.1       1.36 

ISSUE DECLINERS               SYMBOL   EXCH   LAST PRICE   MONEY FLOW    RATIO 
                                                          (in millions) 
iShrs MSCI Emerg Mkts          EEM     ARCA       43.32       -58.5       0.14 
LinkedIn Cl A                  LNKD    NYSE       85.97       -30.1       0.46 
PepsiCo                        PEP     NYSE       63.47       -19.8       0.41 
Baidu                          BIDU    NASD      141.01       -15.9       0.79 
Qualcomm                       QCOM    NASD       61.51       -15.6       0.30 
Western Digital                WDC     NYSE       38.89       -14.7       0.12 
McDonald's                     MCD     NYSE       99.19       -10.2       0.45 
AT&T                           T       NYSE       30.11        -9.9       0.47 
Pall Corp                      PLL     NYSE       63.80        -9.8       0.20 
Vanguard MSCI Emerg Mkts       VWO     ARCA       43.67        -9.0       0.33 
Wells Fargo                    WFC     NYSE       30.32        -9.0       0.49 
Procter & Gamble               PG      NYSE       64.37        -8.9       0.40 
Hospira                        HSP     NYSE       36.84        -8.5       0.64 
Marriott Intl                  MAR     NYSE       35.23        -7.8       0.44 
ConocoPhillips                 COP     NYSE       73.23        -7.7       0.59 
Intel                          INTC    NASD       26.60        -7.6       0.56 
Morgan Stanley                 MS      NYSE       18.88        -7.6       0.68 
Oracle                         ORCL    NASD       28.44        -7.3       0.40 
iShrs PHLX SOX Semicndtr       SOXX    NASD       57.26        -7.0       0.05 
SPDR S&P 500                   SPY     ARCA      134.94        -6.4       0.95

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