Category: Latest Headlines

BF starts distribution system in Spain; GE Appliances owner Haier dragged into GOP China politics; and Tenn. man arrested over 20 lbs. of marijuana allegedly shipped via UPS

A news summary focused on 10 big employers; updated 4:55 p.m.

BROWN-FORMAN announced this morning that it’s launching its own distribution network in Spain, Europe’s third-largest whiskey market and the world’s ninth-biggest overall. The Louisville spirits giant will add about 40 employees in the expansion. The current distributor is Importaciones y Exportaciones Varma S.A. under a contract that will end June 30, 2017. “Establishing our own distribution organization in Spain will support the development of the Jack Daniel’s trademark as well as our broader portfolio in this dynamic market where premium spirits are growing,” said Thomas Hinrichs, president of Brown-Forman’s Europe and Asia markets.

Spain will join Australia, Brazil, Canada, China, the Czech Republic, France, Germany, Hong Kong, Mexico, Poland, South Korea, Thailand, Turkey, and the U.K. as markets where Brown-Forman owns or directly manages its own distribution. (press release). The company employs 1,300 workers in Louisville and another 3,300 across the U.S. and around the globe.

Trump and Pence
Trump and Pence

GE: Haier Group has been drawn into the bitterly contested Republican race for the White House, less than two months after the Chinese company completed its $5.6 billion purchase of GE Appliances. The conservative Federalist website says Indiana Gov. Mike Pence’s past support of Haier’s research and development center in Evansville, Ind., is an example of the politician’s helping China “steal” U.S. jobs. Although Donald Trump has run on a campaign attacking U.S.-China trade, the website implies his selection of  Pence as running mate casts doubt on the GOP nominees’ anti-China bonafides (Federalist). In the past, the site has sparked stories in more mainstream media, including Politico and The Daily Beast.

Haier Pence
Indiana Gov. Mike Pence, second from right, and Haier Group President Liang Haishan, far right, at the Evansville ribbon-cutting.

A year ago, Pence joined Haier executives at a ribbon-cutting ceremony for the Evansville center. The pro-trade America China Society of Indiana quoted Pence saying at the time: “When I met with Haier executives in China this spring, I was invigorated by the company’s plans to accelerate technology development in Indiana. In addition to our strong workforce and pro-growth business climate, Indiana has quickly become a center for innovation, making the Hoosier State the natural choice for this facility as Haier continues to increase its presence in the United States” (America China Society). GE Appliances employs 6,000 workers at Appliance Park in Louisville’s south end.

UPS: In Spring City, Tenn., a man was arrested and charged with drug trafficking after Rhea County Sheriff’s deputies caught him with 20 lbs. of marijuana he allegedly received via UPS from California. Sheriff’s investigator Charlie Jenkins said the man, George Robert Luttenberger Jr., told him he’d been getting pot from California since 2012 (Herald-News). In Brooklyn, a federal judge allowed the Equal Employment Opportunity Commission to proceed with a lawsuit accusing UPS of discriminating against male workers and job applicants who wore beards or long hair for religious reasons (Reuters).

PAPA JOHN’S fired a Denver employee who used a racial slur on a customer’s order slip and apologized to the teenager who placed the pizza order. “This action is inexcusable and doesn’t reflect our company values,” company spokesman Peter Collins told the Denver Post.

This was the second instance in less than a month where a Papa John’s employee was fired over an apparently racist order slip circulated on Twitter; the first one involved an Asian-American customer’s order at a Louisville restaurant near the end of June.

The Denver area restaurant is owned by Peyton Manning, the retired Denver Broncos quarterback who’s promoted Papa John’s in TV commercials. The teenager’s mother saw the order ticket and asked a community activist named Brother Jeff Fard for help (Denver Post). Yesterday, Fard sent a Tweet that included a possibly NSFW photo of the racial slur: Continue reading “BF starts distribution system in Spain; GE Appliances owner Haier dragged into GOP China politics; and Tenn. man arrested over 20 lbs. of marijuana allegedly shipped via UPS”

Humana, Aetna reportedly still talking with DOJ to overcome deal opposition; Papa John’s sued over IT exec it poached from Panera Bread

A news summary focused on 10 big employers; updated 5:59 p.m.

HUMANA and Aetna remained in discussions with the Department of Justice today, trying to convince antitrust regulators their $37 billion merger will be good for seniors in the Medicare Advantage market, CNBC is now reporting.

Humana logoBut the two insurance giants are prepared to fight in court if their deal is blocked, a move DOJ antitrust regulators could take within just days, according to the business news cable channel, which is citing people familiar with the discussions who spoke on condition of anonymity because of the sensitive nature of the negotiations. “The insurers have offered up divestitures and secured buyers,” according to CNBC, “with contracts ready to be signed, for assets in local markets where their coverage overlaps, according to one source. But so far, the DOJ has not been convinced by the offer” (CNBC).

Aetna logoReflecting renewed investor optimism, Humana shares climbed 3% today, closing at $158.41 a share, up $4.77; shares had fallen 10% yesterday on initial reports the DOJ was moving to block the deal. Aetna’s stock rose 1.2%, to $116.49 (Google Finance).

To secure shareholder approval of the deal, Humana’s proxy solicitor, D.F. King & Co., made more than 40,000 phone calls to individual investors last fall (Wall Street Journal).

PAPA JOHN’S: Panera Bread Co. has filed a lawsuit claiming a former technology executive who left to work for Papa John’s took trade secrets with him. The suit filed yesterday in U.S. District Court in St. Louis against Papa John’s and the executive, Michael Nettles, says he worked four years as a vice president in Panera’s IT department, with access to highly sensitive trade secrets, and that his move to Papa John’s violates a confidentiality and non-compete agreement. Nettles joined Papa John’s on Monday. Panera is based in suburban St. Louis (Post-Dispatch).

Yum investors must now go to Charlotte, N.C., to settle disputes with the company. (Take note: Keith Meister)

Louisville to Raleigh
Yum is officially headquartered in Louisville, but its corporate HQ is actually a three-hour flight away, in Raleigh, N.C.

In a new filing with the Securities and Exchange Commission today, Yum said it made an important amendment to its corporate bylaws that now requires disputes between shareholders and the company be handled in North Carolina’s court system.

Why that state? Because, even though Yum is headquartered in Louisville — and the top brass works part of the time in suburban Dallas — the company itself is incorporated in North Carolina, where the fast food giant’s principal office is in Raleigh. (Of course, that office might be little more than a mailbox drop.) Adding a little confusion, the specific court is actually 167 miles away, in Mecklenburg County’s Charlotte.

Keith Meister
Meister

The SEC filing doesn’t say what prompted the company to choose the N.C. court system. But it follows a high-profile dispute between dissident stockholder Keith Meister of Corvex Management that ended last fall when he was given a seat on the board of directors. Corvex had built up a 5% stake to press the company into spinning off its flagging China Division, a step it’s planning to complete by Oct. 31.

Yum’s 12-member board of directors approved the bylaw change last Friday, according to today’s SEC 8-K filing. It’s a new Section 9 of Article 8 called “Forum for Adjudication of Certain Disputes.” Here’s the full text: Continue reading “Yum investors must now go to Charlotte, N.C., to settle disputes with the company. (Take note: Keith Meister)”

Analysts: Papa John’s outlook brighter amid civil unrest; Humana stock edges up after DOJ shocker; and Louisville’s big on $1,500 apartments

A news summary focused on 10 big employers; updated 10:39 a.m.

Papa John's vs. S&P July 20
Papa John’s stock, in blue, has zoomed ahead of the S&P 500 index over the past three months, when civil unrest has been in the news.

PAPA JOHN’S stock jumped 3.7% to $71.69 a share in the first hour of trading, after Wall Street analysts upgraded the Louisville pizza chain on the surprising view that diners, concerned about political and civil unrest, are choosing to stay home for pizza delivery rather than go out for a meal. “After speaking with several large operators and industry contacts,” KeyBanc Capital Markets analysts said yesterday, “we believe the recent decline in casual dining restaurant segment fundamentals — traffic down 3% to 5% the past several weeks — may be the result of consumers eating more at home amid the current political/social backdrop, which we believe could last through the November election.” The company’s stock has jumped 22% in the last three months vs. a much smaller 3% gain in the broader S&P 500 index (MarketWatch and Google Finance). Louisville-based Papa John’s employs 750 workers at its headquarters, and another 21,000 across the globe. More about the company.

HUMANA‘s stock rose 74 cents to $154.12 a share a day after word surfaced the Justice Department was poised to block the Louisville insurer’s $37 billion acquisition by Aetna of Hartford. Aetna climbed 74 cents to $115.84. Yesterday, Humana tumbled 4%, and Aetna fell 2.7% (Google Finance). Humana employs 12,500 workers in its Louisville corporate hometown.

KFC: In New Zealand, franchisee Restaurant Brands hasn’t ruled out home delivery of KFC now that McDonald’s has started offering the service. But CEO Russel Creedy said KFC had tried home delivery before and found customers preferred drive-throughs rather than waiting for their chicken to be brought to their front door. Creedy’s franchise already has experience with delivery through its Pizza Hut restaurants (New Zealand Herald).

FORD‘s Flat Rock Assembly Plant south of Detroit — where the popular Mustang and Fusion are built –- caught fire around 7 last night and forced a partial evacuation of the sprawling 400-acre complex that employs 3,200 workers. No injuries were reported (Detroit Free Press). In Louisville, Ford employs nearly 10,000 workers at two vehicle and truck assembly factories.

Amazon logoAMAZON is signing up amateur drivers in the U.K. to deliver packages in their spare time from distribution centers to customers’ homes, expanding a system it started last year in its corporate hometown of Seattle. Starting this month in Birmingham, a smartphone app will allow the company’s part-time mules to choose when and where they want to work, as well as guiding them to customers’ homes and allowing customers to track their orders (Financial Times).

PIZZA HUT: With the Aug. 5 start of the Summer Olympics closing in, Pizza Hut has launched its patriot-themed Big Flavor Dipper in a red-white-and-blue box emblazoned with “Go USA!”

In other news, Louisville ranked No. 6 among 30 U.S. cities offering the biggest apartments renting for $1,500 a month, according to a new Rent Cafe report. The top 10:

  1. Memphis: 1,948 square feet
  2. Oklahoma City: 1,786
  3. Indianapolis: 1,724
  4. El Paso: 1,667
  5. Columbus, Ohio: 1,667
  6. Louisville: 1,648
  7. Jacksonville, Fla.: 1,579
  8. Las Vegas: 1,546
  9. Phoenix: 1,415
  10. Fort Worth: 1,389

In contrast, New York City had the smallest apartments, at 271 square feet (MarketWatch and Rent Cafe).

DOJ REPORTEDLY SET TO BLOCK $37B HUMANA-AETNA MERGER; OPPOSITION COULD BE DEAL’S DEATH KNELL; HUMANA STOCK DIVES 4%; ANTHEM-CIGNA ALSO SAID IN DOUBT

Humana vs. Aetna July 19
The downside risk of a failed deal is greater for Humana than for Aetna, as reflected in this Google Finance chart showing the path of their stocks since opposition first surfaced; Humana is in blue, Aetna in red.

The Justice Department’s final decision on whether to sue to block Aetna’s $37 billion acquisition of Louisville-based Humana could come this week or next, Bloomberg News and other media outlets are now reporting; latest news developments at 4:50 p.m.

The DOJ’s move would represent strong government pushback against consolidation in the health-insurance industry, according to The Wall Street Journal.

Humana building
Humana headquarters.

The companies could settle a lawsuit before or after one is filed in order to save the deal, according to Bloomberg, perhaps by shedding even more assets than they’ve already offered.

Hartford-based Aetna and Humana will probably fight any lawsuit in court, while Anthem and Cigna are less likely to litigate against the government, Ana Gupte, an analyst at Leerink Partners, told Bloomberg.

The DOJ’s antitrust division is also preparing a suit to block a similar merger between Anthem and Cigna.

Shares of Humana and Aetna fell sharply on the news. At the close of trading, Humana tumbled 3.9%, or $6.26, to $153.38. Aetna fell 2.7%, or $3.21, to $115.15. Earlier in the day, Humana traded as low as $150 — lowest since it hit $148 in February 2015, according to Google Finance.

An Aetna spokesman told The Wall Street Journal it “doesn’t comment on rumors and speculation, but we are steadfast in our belief that this deal is good for consumers and the health-care system as a whole.” Humana spokesman Tom Noland did not immediately respond to a Courier-Journal request for comment.

Justice Department officials are concerned the deals, which would transform the health-insurance industry by turning its five biggest companies into three, would harm customers, according to several people familiar with the situation cited by Bloomberg. “While the companies may offer to sell assets to gain approval for the deals, that’s unlikely to sway antitrust officials, one of the people said,” according to the news service.

Hints of trouble ahead

The DOJ’s opposition isn’t entirely surprising. Less than two weeks ago, Continue reading “DOJ REPORTEDLY SET TO BLOCK $37B HUMANA-AETNA MERGER; OPPOSITION COULD BE DEAL’S DEATH KNELL; HUMANA STOCK DIVES 4%; ANTHEM-CIGNA ALSO SAID IN DOUBT”

Ind. Kindred exec accused of child molestation found dead; layoffs hit Deutsch ad agency that lost Pizza Hut account; GE Firstbuild’s cold-brew coffee maker set for 2017 release

A news summary focused on 10 big employers; updated 7:42 p.m.

KINDRED: The Johnson County Sheriff’s Office says Kindred Greenwood hospital CFO William Brenner was found dead inside his home near Indianapolis yesterday, 10 days after authorities accused him of molesting a 6-year-old boy he was fostering in 2014 and 2015.

William Brenner
Brenner

Police say there was no evidence of a struggle and no weapons were found near the body. Investigators believe he may have had a medical episode and had died several days earlier. His body was found in a hallway and was badly decomposed (WIBC).

Brenner, 49, faced four counts of felony child molesting and one count of felony dissemination of matter harmful to minors, according to the Indianapolis Star. The Greenwood facility is one of Louisville-based Kindred’s 95 transitional care and rehabilitation hospitals. Greenwood is 12 miles south of Indianapolis.

Also today, Kindred said it would release its second-quarter financial results on Aug. 4 after stock markets close. The following day, it will host a teleconference with Wall Street analysts to discuss the report (press release).

In downtown Louisville, construction is picking up at Kindred’s new headquarters expansion at Broadway and Fourth streets after a relatively slow start. The $36 million project financed with substantial public incentives will add 142,000 square feet and around 500 new jobs. Plans also include around 7,000 square feet of restaurant space (Broken Sidewalk).

PIZZA HUT: Advertising agency Deutsch went through a round of layoffs at its Los Angeles office last week directly related to the loss of the Pizza Hut account last spring. A Deutsch spokesperson would say only that less than 2% of the L.A.-based team had been affected. Deutsch won the struggling Yum unit’s account two years ago and went on to create the agency’s debut campaign (which essentially said, “We’re Italian”); video, top. Last December, the pizza chain started shopping the account, eventually choosing the independent Droga5 agency in May — its fifth agency of record in six years. Multiple sources have told Adweek that Pizza Hut is not the world’s most agreeable client. It’s not yet clear when Droga5’s first work for the chain will appear (Adweek).

Prisma
Prisma.

GE: A cold-brew coffeemaker developed by GE Appliances’ Firstbuild laboratory in Louisville is scheduled to reach the market next summer, after first passing through a crowdfunding round on IndieGoGo. The lab is using unconventional funding for the coffee maker, called Prisma, not so much as a financial requirement as it is an awareness-raising launchpad. “We believe crowdfunding is a great way to validate products with the early adopter community,” Firstbuild Senior Design Engineer Justin Brown told Daily Coffee News. The Prisma can make anywhere from five to 25 ounces of ready-to-drink cold coffee (Daily Coffee News).

AMAZON has reportedly fired one of its delivery men Continue reading “Ind. Kindred exec accused of child molestation found dead; layoffs hit Deutsch ad agency that lost Pizza Hut account; GE Firstbuild’s cold-brew coffee maker set for 2017 release”