By Breaking Legal News, Breaking Legal News.

A mixed picture of U.S. banks emerged Tuesday as the industry posted its highest quarterly earnings in nearly three years while the number of troubled institutions grew by more than 50.

Banks overall made $21.6 billion in net income in the April-to-June quarter, the Federal Deposit Insurance Corp. said. It was the highest quarterly level since 2007 and was led by the largest institutions. The industry lost $4.4 billion in the second quarter of 2009.

But the number of banks on the FDIC's confidential "problem" list increased by 54 in the quarter -- growing to 829 from 775 in the first quarter. Most of the banks that have failed this year have been smaller or regional banks.

The decline in bank lending stemming from the financial crisis showed signs of leveling off, the data show. Total lending declined by $107.5 billion, or 1.4 percent from the first quarter. It posted the steepest drop since World War II -- 7.5 percent -- in 2009 from the year before.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

By Breaking Legal News, Breaking Legal News.

Stocks fell Thursday after the Labor Department said claims for unemployment benefits rose unexpectedly last week, renewing concerns about the pace of the economic recovery.

The disappointing news about the jobs market came minutes after news that Intel Corp. was acquiring McAfee Inc. The deal, valued at $7.68 billion, helped to cushion the blow from the jump in unemployment benefit claims.

The Dow Jones industrial average fell 29 in early morning trading. Broader indexes also fell.

The two announcements are the latest to provide a conflicting picture of the recovery. Economic reports have regularly shown the pace of a rebound is slowing and companies are skittish about adding new workers. That has hurt stocks on some days in recent weeks. It has also stoked fears about the economy falling back into recession.

At the same time, corporate announcements, including earnings reports for the past six weeks, have largely showed companies are doing well. Mergers and acquisitions activity is often considered a positive sign because it means companies are willing to spend money to grow their businesses and are confident that prospects are improving.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

By Breaking Legal News, Breaking Legal News.

BP PLC said Monday that it has made an initial deposit of $3 billion into a $20 billion spill-recovery fund.

BP said it was making the deposit earlier than the originally scheduled Sept. 30 deadline to show its commitment to restoring the livelihoods of people affected by the worst offshore oil spill in history. The company said it would make an additional $2 billion deposit in the fourth quarter.

In June, BP agreed to set up the fund following a meeting between company Chairman Carl-Henric Svanberg and then-Chief Executive Tony Hayward with U.S. President Barack Obama and senior administration officials.

BP said the account would be administered by a newly established trust overseen by former U.S. District Judge John Martin and by Kent Syverud, dean of the Washington University School of Law. Citigroup Inc. will serve as corporate trustee.

"We are pleased that BP made an initial contribution and has taken an important step toward honoring its commitment to the President and the residents and business owners in the Gulf region," Associate Attorney General Tom Perrelli said in a statement. "We have made clear that the company still needs to ensure that the necessary funds will be available if something happens to the subsidiary that established the trust and we look forward to completion of an appropriate security arrangement in the near future."

Originally posted at Breaking Legal News. Please visit http://breakinglegalnews.com/.

By Breaking Legal News, Breaking Legal News.

Domino's still has nightmares about a prank video posted on the social networking site, YouTube, that got two employees in trouble with the law and tarnished the pizza chain's reputation.

The Ann Arbor-based company became an instant Internet sensation in April 2009 after one franchise employee filmed another sticking cheese inside his nose, sneezing on the food and implying it would be delivered to customers from the store they worked at in Conover, N.C.

Both were fired, and the store closed several months later after sales dropped 50 percent. The two former employees were charged with contaminating food distributed to the public. Michael Setzer, 32, was found guilty and sentenced to 24 months of probation in March. Kristy Hammonds, 31, who was banned last fall from college, is still awaiting trial.

The YouTube episode "certainly was a wake-up call," Domino's spokesman Chris Brandon said. "Now we monitor (social media sites) every day. Someone on my team, it's their full-time job to monitor what's being said."

The episode reflects a growing problem of workers across the country, including in Metro Detroit, who like to gossip about the workplace on social networking sites like Facebook, Twitter and YouTube. This has resulted in employers increasing sanctions against employees.

This year, 21 percent of companies with 1,000 or more workers have disciplined employees for violating social networking policies, compared with 13 percent in 2008, according to a survey by Proofpoint Inc., an e-mail security company in Sunnyvale, Calif. About 9 percent have fired an employee for these violations, more than double from 4 percent two years ago.

"For every case you see in the news, it's really just the tip of the iceberg," said Keith Crosley, director of market development for Proofpoint. "There are many more investigations and breaches that you never hear about."

In at least one case, a worker got into trouble for a photo that seemed to have nothing to do with his job.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

By Breaking Legal News, Breaking Legal News.

Goldman Sachs Group Inc. said Tuesday its second-quarter net income dropped 83 percent to $453 million as its trading revenue fell and it booked a charge for its settlement of civil fraud charges with the Securities and Exchange Commission.

The company's revenue fell short of expectations and helped send the stock market falling. Goldman followed IBM Corp. and Texas Instruments Inc., which late Monday reported revenue that disappointed investors.

Goldman's stock dropped $1.89 to $143.79 in morning trading.

Goldman took a $550 million charge to cover the cost of the settlement with the SEC that was announced last week. Earnings were also reduced by a one-time, $600 million charge tied to a new tax on bonuses in Britain.

Excluding the one-time costs, net income after payment of dividends on preferred stock came to $2.75 per share, easily topping the $2.08 analysts forecast. Analysts typically exclude one-time charges from their estimates.

Revenue fell 36 percent to $8.84 billion, short of the $8.94 billion predicted by analysts.

The drop in revenue that a number of companies have reported is unnerving investors, who see it as a sign that the economic recovery is stalling. Banks, however, have their own revenue issues. Goldman's trading revenue fell along with that of competitors including JPMorgan Chase & Co. and Bank of America Corp. that were hit hard by the spring plunge in the stock market. The drop in their revenue is adding to investors' concerns about how new federal regulations will affect banks' ability to profit from trading operations.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

By Breaking Legal News, Breaking Legal News.

BP Plc was sued by members of its employee savings plan over losses tied to the company’s plunging stock price amid the oil leak disaster in the Gulf of Mexico.

BP has lost more than half of its market value since the April 20 explosion that caused the largest oil spill in U.S. history. The fire and blast aboard the Deepwater Horizon drilling rig that was working on a well for London-based BP killed 11 members of its crew.

The lawsuit, for which the workers are seeking class- action, or group, status was filed yesterday in federal court in Chicago.

“Defendants knew or should have known that investment in BP Plc equity was -- and continues to be -- an imprudent investment of the ESP’s assets due to serious mismanagement and improper business practices that resulted in catastrophic incidents of international significance, including, among others, the BP spill in the Gulf of Mexico,” the plaintiffs claimed.

Full-time, part-time, occasional and temporary employees are eligible to invest in the employee savings plan, or ESP, according to the lawsuit. Regulatory filings show that the plan held $2.45 billion worth of BP American depositary shares, or 29 percent its $8.27 billion of assets, at the end of 2009, according to the complaint.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

By Breaking Legal News, Breaking Legal News.

Chastened by heavy criticism from lawmakers, a grim-faced BP chief executive Tony Hayward said Thursday he was "deeply sorry" for his company's catastrophic oil spill in the Gulf of Mexico.

"I understand the seriousness of the situation, the frustrations and fears that continue to be voiced," he told a House investigations subcommittee.

But before testifying, Hayward had to endure more than an hour of mostly unrelenting criticism from Democrats and Republicans alike.

"We are not small people, but we wish to get our lives back," Rep. Bart Stupak, D-Mich., the panel's chairman, told Hayward, throwing back at the oil giant comments made the day before by BP Chairman Carl-Henric Svanberg — about how BP sympathized with the "small people" of the Gulf — and Hayward's earlier remark that he wanted his "life back."

In a sharp exchange, Stupak noted that over the past five years, 26 had died and 700 were injured in BP accidents — including the Gulf spill, a pipeline spill in Alaska and a refinery explosion in Texas. He asked Hayward whether the government should ban drilling by companies with such "poor safety records?"

Hayward insisted that safety had always been his top priority and "that is why I am so devastated with this accident." When he became CEO, Hayward said he would focus "like a laser" on safety, a phrase he repeated on Thursday.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

By Breaking Legal News, Breaking Legal News.

Lehman Brothers Holdings Inc.’s ex- Chief Executive Officer Richard Fuld asked a judge to dismiss a lawsuit accusing him and his colleagues of failing to disclose Repo 105, a financing method allegedly used to conceal billions of dollars of debt, according to court records.

Separately, Ernst & Young LLP, the Lehman auditor, also asked the judge to dismiss the lawsuit in a court filing June 4, saying its work met all applicable professional standards.

The class-action lawsuit, based on a 2,200-page report by Lehman bankruptcy examiner Anton Valukas, was filed April 23 on behalf of retirement funds including the Alameda County Employees’ Retirement Association in Oakland, California, and the Government of Guam Retirement Fund.

The Lehman executives denied in court papers that the investors had lost money on Lehman securities because of misstatements and omissions in offering documents. Lehman’s accounting for Repo 105 transactions conformed to generally accepted accounting principles and was approved by Ernst & Young, they said.

“Plaintiffs’ effort to turn the report into a basis for securities law violations fails,” they said in a filing in federal court in Manhattan.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

By Breaking Legal News, Breaking Legal News.

BP shareholders are fleeing the company’s stock amid growing uncertainty about the ultimate bill for cleanup costs, lawsuits, fines and damage to the oil giant’s reputation.

BP’s shares fell an additional 15 percent on Tuesday, as investors reacted to news that the latest effort to stem the gushing oil in the Gulf of Mexico failed over the weekend. It is the steepest drop in shares in about two decades.

Also on Tuesday, Attorney General Eric H. Holder Jr. said that federal authorities had opened criminal and civil investigations into the Deepwater Horizon explosion.

Since the Deepwater Horizon drilling rig exploded April 20, the company has lost a third of its market value, or about $75 billion.

The company said Tuesday that it had spent almost $1 billion on cleanup efforts. But that bill is likely to rise as oil continues to spill into the gulf, with no guarantees that any of the new plans to contain the spill will work.

Investors are also grappling with potential damage to the company’s reputation.

“Financially they can survive this crisis, but politically they will be punished for a very long time,” said Fadel Gheit, an oil analyst at Oppenheimer & Company.

The prospect of billions of dollars more in legal payouts and fines is also weighing on the company.

BP officials say they have already paid $36 million to settle claims of economic loss and damage under the Oil Pollution Act, a 1990 law passed in the wake of the Exxon Valdez disaster, and that more than 26,000 claims have been submitted.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

By Breaking Legal News, Breaking Legal News.

Microsoft Corp. sued Salesforce.com Inc. yesterday, accusing the company of infringing nine patents for ways to make software more efficient.

The complaint targets the customer-relationship management software that is the hallmark of Salesforce.com’s business. It seeks a court order that would prevent the San Francisco-based company from providing features that Microsoft claims it invented.

Salesforce.com, founded in 1999, sells subscriptions to Internet business software that runs marketing campaigns and tracks sales leads. It competes against Microsoft’s Dynamics programs and “has profited through infringement of the Microsoft patents-in-suit,” according to the complaint, filed in federal court in Seattle.

“More and more, we’re seeing Dynamics compete with Salesforce in deals,” said Ray Wang, an analyst with Altimeter Group in San Mateo, California. “Long term, Salesforce and Microsoft are on a collision course for all enterprise software.”

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.