Thursday, January 5, 2012

Utah guest-worker law a model for California proposal

Utah?s groundbreaking guest-worker law has become the model for a proposed ballot measure in California that would allow undocumented workers in the Golden State to live and work through a state-run pilot program.

Antonio Gonzalez, president of the William C. Velasquez Institute, said they had been meeting with Utah lawmakers over the past year to craft the language for the seven-page measure that they hope to have on the California ballot in November.

?We got a lot of tips from Utah and the passage of its guest-worker law was, frankly, the inspiration for it,? Gonzalez said. ?It showed that there are things you can do at the state level.?

The measure, called the California Opportunity and Prosperity Act, will require 504,706 valid signatures to qualify for the ballot and its language was filed with the California Secretary of State on Dec. 2.

Sen. Luz Robles, D-Salt Lake City, said she had several conversations with Gonzalez in November 2010 ? not long after The Utah Compact was signed and served as a guiding document for her legislation, SB60.

That bill later morphed into HB116 ? a controversial bill signed into law by Gov. Gary Herbert that would allow undocumented immigrants in Utah to live and work provided they pass background checks and pay fines.

It also would establish a pool of collected federal tax money by the registered permit holders that would stay within the state until the federal government worked out a plan with Utah to disperse those federal taxes to Internal Revenue Service.

However, critics argue HB116 is unconstitutional and the U.S. Justice Department ? which is suing Utah for its enforcement-only immigration law ? cited in a legal brief that HB116 could be the potential target of a lawsuit as well.

Story continues below

HB116 takes effect in 2013.

Under the California proposal, the requirements for qualifying for the so-called pilot program include being able to pass background checks, knowing or learning English, paying a fine and proving the immigrant lived in California since before January 2008.

Gonzalez said the ballot measure also was inspired by President Ronald Reagan and his signing of the Immigration Reform and Control Act of 1986.

Robles said having California follow Utah?s lead on a guest-worker law would be a dramatic step for the rest of the country.

?California is such a huge state that trying to implement a program like that makes it more monumental,? she said. ?It will make others stand up and take notice.?

But Ron Mortensen, co-founder of the Utah Coalition on Illegal Immigration, said it is just another backdoor approach by businesses looking to exploit cheap labor.

He said laws like HB116 and the California proposal tie legal status to employment and that a person can lose regular status simply by being fired. He called it ?an employers? dream act? ? a poke at California recently passing a state version of a federal proposal of the same name that would allow college students to obtain legal status by attending school or serving in the military provided they were brought to the United States as children.

?They don?t call it the left coast for nothing,? Mortensen said. ?They have passed other illegal immigration-friendly bills, so there?s a possibility it could pass.?

Next Page ?

Source: http://www.sltrib.com/sltrib/news/53205775-78/california-utah-law-state.html.csp

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Talking New Laws at 5:30: E-Verify, Golf Cart restrictions, National ban on inc...

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Source: http://www.facebook.com/11Alive/posts/10150447606445496

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Wednesday's Three Burning Legal Questions - Legal Blog Watch

Here are today's?three burning legal questions, along with the answers provided by the blogosphere.

1) Question: Why is there a police officer at my door asking to speak to my five-year-old daughter?!

Answer:?Probably because she has overdue library books.?(Consumerist, Library Sends Police After 5-Year-Old Girl To Tell Her To Pay Up Or Return Two Overdue Books)

2) Question: I am 99 years old. My wife and I have been married for 77 years -- just five years shy of the American record of 82 years. But I just learned that she had an affair with another man in 1934 -- is that grounds for a divorce??

Answer:?Indeed it is. (Mail Online,?'He just saw red': 99-year-old man divorces wife after discovering she had an affair SIXTY years ago)

3) Question:?Why can't I get any information on my religion of Wicca on any of the computers at the Salem, Mo., public library?

Answer:?Sorry, but information about the Wicca religion is filtered out at the Salem library because it is deemed to be "occult" and "criminal skills." (Law and Disorder,?Library computers can block porn?but Wicca? ACLU says no)

Source: http://legalblogwatch.typepad.com/legal_blog_watch/2012/01/wednesdays-three-burning-legal-questions.html

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Wednesday, January 4, 2012

George W. Bush barely mentioned in GOP campaign (AP)

PERRY, Iowa ? A funny thing happened recently in the presidential campaign in Iowa: The last Republican president's name actually surfaced.

"We've had, in the past, a couple of presidents from Texas that said they weren't interested in wars ... like George W. Bush," a voter said to Ron Paul, the Texas congressman who has been sharply critical of U.S. military entanglements overseas. "My question is: How can we trust another Texan?"

It was an odd, almost discordant moment in a GOP contest where Bush, a two-term president who left office just three years ago, has gone all but unmentioned. While the candidates routinely lionize Ronald Reagan and blame President Barack Obama for the nation's economic woes, none has been eager to embrace the Bush legacy of gaping budget deficits, two wars and record low approval ratings ? or blame him for the country's troubles either.

"Republicans talk a lot about losing their way during the last decade, and when they do they're talking about the Bush years," said Jack Pitney, a political science professor at Claremont-McKenna College. "For Republicans, the Bush administration has become the `yadda yadda yadda' period of American history."

The eight-year Bush presidency has merited no more than a fleeting reference in televised debates and interviews. When it does surface it's often a point of criticism, as when former Pennsylvania Sen. Rick Santorum told CNN on Sunday that he regretted voting for the No Child Left Behind education law Bush championed.

The former president himself has been all but invisible since leaving office in 2009 with a Gallup approval rating of just 34 percent. His predecessor, Democrat Bill Clinton, had a 66 percent approval rating in early 2001 when he stepped down after two terms marred by a sex scandal and impeachment.

In a presidential contest dominated by concerns over the weak economy, government spending and the $15 trillion federal debt, the Republican candidates have been loath to acknowledge the extent to which Bush administration policies contributed to those problems. Republicans also controlled Congress for six of the eight years Bush was in the White House, clearing the way for many of his policies to be enacted.

There is no question that Obama's policies, including the federal stimulus program and the auto industry bailout, have swollen the deficit and deepened the debt. And three years into his presidency, Obama often falls back on complaints about the bad situation he inherited when seeking to defend his own economic performance.

But while Obama may be overly eager to blame the Bush years for the nation's problems, GOP presidential contenders seem just as eager to pretend those years never happened.

Taking office in 2001 with a balanced federal budget and a surplus, Bush quickly pushed through sweeping tax cuts that were not offset by spending cuts. The tax cuts have cost about $1.8 trillion, according to estimates by the Congressional Budget Office and the Center on Budget and Policy Priorities.

The Bush tax cuts were set to expire after 10 years, but Obama allowed them to remain in place temporarily in exchange for an extension of unemployment benefits and a payroll tax cut.

The wars in Iraq and Afghanistan launched after the Sept. 11, 2001, terror attacks never were budgeted and have cost taxpayers about $1.4 trillion so far. Obama ordered the last troops out of Iraq in December, but the Afghanistan conflict will extend into 2014.

Bush signed legislation in 2003 enacting a prescription drug benefit as part of Medicare, the government health care plan for seniors ? a huge entitlement program projected to cost as much as $1.2 trillion over 10 years.

The Troubled Asset Relief Program, the bank bailout program widely loathed by many conservatives, was another Bush-era program. Congress authorized nearly $700 billion for the program at the recommendation of Bush's treasury secretary, former Goldman Sachs executive Henry Paulson, in response to the collapse of Lehman Brothers and the subsequent financial crisis in the fall of 2008. As a presidential candidate, Obama supported the TARP bailout, as did his GOP rival, Sen. John McCain.

To be sure, today's GOP candidates occasionally acknowledge that not all was perfect pre-Obama.

"The reason we find ourselves in the problem today is because we had Republicans and Democrats ? you couldn't tell the difference in the way they were spending," Rick Perry told a campaign audience in Cedar Rapids.

Perry, who succeeded Bush as Texas governor, has been sharply critical of Congress, insisting he would bring an outsider's perspective to tackling the nation's economic woes as president.

Others have also tried to distance themselves from Washington and, by implication, the Bush years.

Mitt Romney stresses his experience as a businessman and as Massachusetts governor. Former Utah Gov. Jon Huntsman talks up his background as a chief executive. Newt Gingrich reminds voters that he presided over a balanced budget as speaker of the House during the Clinton years.

Santorum's surge into top-tier contention has sparked complaints from rivals about his votes on spending. Among other things, he voted in favor of the Medicare prescription drug program.

Bush still has loyal supporters who believe his legacy will be vindicated by history. But even they say the GOP field won't be embracing him anytime soon.

"Sad to say, they're looking at polling data that indicates they're better off not bringing him into the campaign," former Bush press secretary Ari Fleischer said. "I think President Bush has made America a safer nation and better nation and I'm proud of it. But politics isn't about what's fair, it's about winning."

___

Associated Press writer Philip Elliott in Cedar Rapids, Iowa, contributed to this report.

___

Follow Beth Fouhy on Twitter at http:// www.twitter.com/bfouhy

Source: http://us.rd.yahoo.com/dailynews/rss/politics/*http%3A//news.yahoo.com/s/ap/20120103/ap_on_el_pr/us_campaign_where_s_bush

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NHM entomologist co-authors new research on parasitic phorid fly, a new threat to honey bees

NHM entomologist co-authors new research on parasitic phorid fly, a new threat to honey bees [ Back to EurekAlert! ] Public release date: 3-Jan-2012
[ | E-mail | Share Share ]

Contact: Kristin Friedrich
kfriedri@nhm.org
213-763-3532
Natural History Museum of Los Angeles County

Understanding infections from flies may shed light on bee colonies' hive abandonment behaviors seen in Colony Collapse Disorder

Jan. 2, 2012 A paper to be published on January 3, 2012 in the authoritative magazine PLoS ONE, co-authored by NHM entomologist Dr. Brian Brown, reveals a new threat to honey bees and perhaps, a partial explanation for the bees' well-publicized Colony Collapse Disorder (CCD), a syndrome characterized by worker bees abandoning their hive. The threat is the tiny but dangerous phorid fly, which may pose an emerging threat to North American beekeeping.

The honey bee Apis mellifera has experienced recent unexplained die-offs around the world. Although catastrophic losses of honey bee colonies have occurred in the past, the magnitude and speed of recent hive losses appear unprecedented. So far, the main causal suspects have been parasitic mites, fungal parasites, viral diseases and interactions amongst them.

In this paper, the authors provide the first documentation that the phorid fly Apocephalus borealis, previously known to only parasitize bumble bees, also infects and eventually kills honey bees by leading them to abandon their hives at night.

Brown is a world authority on phorid flies, and blogs about the weird creatures at http://flyobsession.net. He has received reports of nighttime bee activity in Los Angeles. "It seems to be concentrated near the coast," he said, "which is where our collecting has also encountered the flies."

The authors prove that parasitized honey bees show hive abandonment behavior, leaving their hives at night and dying shortly thereafter. On average, seven days later, up to 13 phorid larvae emerge from each dead bee and pupate away from the bee. Using DNA barcoding, the authors confirmed that phorids that emerged from honey bees and bumble bees were the same species.

Understanding details of phorid infection may shed light on similar hive abandonment behaviors seen in CCD. Further, knowledge of this parasite could help prevent its spread into regions of the world where nave hosts may be easily susceptible to attack.

###

In addition to Brown, the paper's authors include Andrew Core, Charles Runckel, Jonathan Ivers, Christopher Quock, Travis Siapno, Seraphina DeNault, Joseph DeRisi, and John Hafernik from the San Francisco State University.

About the NHM Research and Collections:

Natural history museums are powerhouses of research. As the last bastions of taxonomy in which new species and families are described, and thought is given to how the old and new fit together museums provide the brick and mortar of all biodiversity research.

At NHM, curators and collections staffs are widely-recognized authorities in their fields. They win major grants. They serve as faculty and research associates at universities, museums and other institutions, and publish regularly in journals and magazines. They are engaged in field and onsite research, teaching, and public speaking. They also preserve and strengthen the Museum's collections the platform upon which exhibitions, public programs and membership are built.

About the Entomology Department:

With over 800,000 described species more than half of all known living organisms insects are the most diverse group of animals on Earth. The Museum's entomology collection has more than 5.8 million specimens of insects and spiders. It is the largest in Southern California and has specimens from all over the world.

The collection's strength lies in its holdings of specimens of ants, phorid flies, scarab beetles, and moths from North and Central America. Museum scientists conduct world-class research on systematics, studying species and their relationships, the evolution of major groups, and fossil insects in amber. They conduct field work on insect biodiversity at home and in tropical countries. Entomology was one of the Museum's founding departments, dating back to the institution's opening in 1913.

About the Natural History Museum of Los Angeles County:

The Natural History Museum of Los Angeles County is at 900 Exposition Blvd., Los Angeles, CA 90007. Open seven days a week 9:30 a.m.-5 p.m. Tickets $12 for adults, $5-8 for children. Admission is free the first Tuesday of every month. For more information, call 213-763-DINO or visit http://www.nhm.org.

Visit us on Facebook at: http://www.facebook.com/nhmla

Follow us on Twitter at: http://www.twitter.com/nhmla



[ Back to EurekAlert! ] [ | E-mail | Share Share ]

?


AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.


NHM entomologist co-authors new research on parasitic phorid fly, a new threat to honey bees [ Back to EurekAlert! ] Public release date: 3-Jan-2012
[ | E-mail | Share Share ]

Contact: Kristin Friedrich
kfriedri@nhm.org
213-763-3532
Natural History Museum of Los Angeles County

Understanding infections from flies may shed light on bee colonies' hive abandonment behaviors seen in Colony Collapse Disorder

Jan. 2, 2012 A paper to be published on January 3, 2012 in the authoritative magazine PLoS ONE, co-authored by NHM entomologist Dr. Brian Brown, reveals a new threat to honey bees and perhaps, a partial explanation for the bees' well-publicized Colony Collapse Disorder (CCD), a syndrome characterized by worker bees abandoning their hive. The threat is the tiny but dangerous phorid fly, which may pose an emerging threat to North American beekeeping.

The honey bee Apis mellifera has experienced recent unexplained die-offs around the world. Although catastrophic losses of honey bee colonies have occurred in the past, the magnitude and speed of recent hive losses appear unprecedented. So far, the main causal suspects have been parasitic mites, fungal parasites, viral diseases and interactions amongst them.

In this paper, the authors provide the first documentation that the phorid fly Apocephalus borealis, previously known to only parasitize bumble bees, also infects and eventually kills honey bees by leading them to abandon their hives at night.

Brown is a world authority on phorid flies, and blogs about the weird creatures at http://flyobsession.net. He has received reports of nighttime bee activity in Los Angeles. "It seems to be concentrated near the coast," he said, "which is where our collecting has also encountered the flies."

The authors prove that parasitized honey bees show hive abandonment behavior, leaving their hives at night and dying shortly thereafter. On average, seven days later, up to 13 phorid larvae emerge from each dead bee and pupate away from the bee. Using DNA barcoding, the authors confirmed that phorids that emerged from honey bees and bumble bees were the same species.

Understanding details of phorid infection may shed light on similar hive abandonment behaviors seen in CCD. Further, knowledge of this parasite could help prevent its spread into regions of the world where nave hosts may be easily susceptible to attack.

###

In addition to Brown, the paper's authors include Andrew Core, Charles Runckel, Jonathan Ivers, Christopher Quock, Travis Siapno, Seraphina DeNault, Joseph DeRisi, and John Hafernik from the San Francisco State University.

About the NHM Research and Collections:

Natural history museums are powerhouses of research. As the last bastions of taxonomy in which new species and families are described, and thought is given to how the old and new fit together museums provide the brick and mortar of all biodiversity research.

At NHM, curators and collections staffs are widely-recognized authorities in their fields. They win major grants. They serve as faculty and research associates at universities, museums and other institutions, and publish regularly in journals and magazines. They are engaged in field and onsite research, teaching, and public speaking. They also preserve and strengthen the Museum's collections the platform upon which exhibitions, public programs and membership are built.

About the Entomology Department:

With over 800,000 described species more than half of all known living organisms insects are the most diverse group of animals on Earth. The Museum's entomology collection has more than 5.8 million specimens of insects and spiders. It is the largest in Southern California and has specimens from all over the world.

The collection's strength lies in its holdings of specimens of ants, phorid flies, scarab beetles, and moths from North and Central America. Museum scientists conduct world-class research on systematics, studying species and their relationships, the evolution of major groups, and fossil insects in amber. They conduct field work on insect biodiversity at home and in tropical countries. Entomology was one of the Museum's founding departments, dating back to the institution's opening in 1913.

About the Natural History Museum of Los Angeles County:

The Natural History Museum of Los Angeles County is at 900 Exposition Blvd., Los Angeles, CA 90007. Open seven days a week 9:30 a.m.-5 p.m. Tickets $12 for adults, $5-8 for children. Admission is free the first Tuesday of every month. For more information, call 213-763-DINO or visit http://www.nhm.org.

Visit us on Facebook at: http://www.facebook.com/nhmla

Follow us on Twitter at: http://www.twitter.com/nhmla



[ Back to EurekAlert! ] [ | E-mail | Share Share ]

?


AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.


Source: http://www.eurekalert.org/pub_releases/2012-01/nhmo-nec123011.php

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Tuesday, January 3, 2012

Insight: Memo to Eddie Lampert - Dump Kmart (Reuters)

(Reuters) ? If hedge fund manager Eddie Lampert wants to save one of the oldest retail empires in the United States, he should consider shutting down Sears Holdings Corp's (SHLD.O) Kmart discount chain and focus on revamping its Sears department stores.

Such is the advice of half a dozen retail executives and restructuring experts who have watched the company's sales shrink every year since 2005, when Lampert formed Sears Holdings by combining two of the most iconic American chains in an $11 billion deal.

After a dismal showing this holiday season due to dowdy merchandise, run-down stores and a reputation for poor service compared with rivals such as Macy's (M.N) and Target (TGT.N), the retailer last week said it would close 100 to 120 of its 3,500 U.S. stores. The news wiped more than a quarter off Sears Holdings' market value, which now stands at just $3.4 billion.

The company needs to take much more radical action to turn around its business, the experts said, pointing to 18 straight quarters of sales declines and Lampert's propensity to spend company cash on buying back shares instead of upgrading stores. His ESL Investments Inc owns 45 percent of Sears Holdings.

"Trimming down a hundred stores is like rearranging deck chairs on the Titanic," said Craig Johnson, president of retail strategy and consulting firm Customer Growth Partners, whose clients include J.C. Penney Co Inc (JCP.N) and Toys R Us. "This is a company that needs not just cosmetic surgery, not just minor surgery, but radical surgery."

Johnson and others said Sears Holdings should close as many as 1,000 stores to cut costs and recoup what it can from selling off inventory and related real estate. Then, it needs to significantly revamp its remaining stores and expand its online business to reverse its years long decline.

Such a culling would be very painful, likely resulting in layoffs for tens of thousands of the company's 280,000-strong U.S. workforce and loss of the major retail store in some communities, according to retail specialists.

Once the largest U.S. discount chain, Kmart has declined over the years as it has been unable to keep up with Wal-Mart's (WMT.N) low prices and Target's more upscale though still affordable offerings. Kmart went bankrupt nearly a decade ago and never fully recovered -- its 2010 sales of $15.6 billion were only about 5 percent of Wal-Mart's U.S. sales.

"In a world that has Wal-Mart and Target, there is really no need for a Kmart," said Roger Goddu, who was CEO of the Montgomery Ward department store chain, which went out of business in 2001.

"The one I would choose to save is Sears," said Goddu, now a partner in private equity firm Brentwood Associates.

Kmart accounted for about 36 percent of the company's sales in 2010 but only 32 percent of gross profit, reflecting the discount retailer's thinner margins compared with Sears. Restructuring experts said it was difficult to estimate how much Kmart would be worth if it was liquidated because the company does not break out inventory by business unit, and the value of its roughly 1,300 stores would depend on when leases expire.

Sears Holdings declined to comment specifically on the future of Kmart, but said the company was an "asset rich enterprise" with well over $3.5 billion of liquidity.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Sears recent store closures http://link.reuters.com/dax75s

Top five holders of Sears: http://link.reuters.com/wuq75s

Sears vs. competitors http://link.reuters.com/req75s

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

HISTORIC BRAND

For those trying to predict the future of Sears Holdings, one key date is February 23, when the company will report annual results. Lampert typically publishes a letter to shareholders at around that time.

Investors lost 56.6 percent on their Sears' stock last year. It hit $193.98 in April 2007, but ended 2011 at just $31.78.

Sears was once one of the most successful U.S. retailers with a history going back to 1886, when Richard Sears began to sell watches as a train station agent in North Redwood, Minnesota. Its sprawling empire had included a radio station in Chicago, Allstate Insurance Co, and Chicago's Sears Tower, the world's tallest building when it was completed in 1973.

The department stores were beloved by generations of Kenmore appliance buyers, while the do-it-yourself crowd scooped up Sears' Craftsman tools. But the company has let its stores deteriorate over the years, say critics, who also faulted poor locations and ho-hum merchandise.

Sears Holdings is now the tenth largest U.S. retailer, with annual sales of $43.3 billion in 2010, down from $53 billion in 2006. Analysts expect it to post an annual loss for the first time in 2011, as their average estimate for fourth quarter net profit of $105 million will not fully offset the $743 million loss that it reported for the first nine months.

Sears Holdings worried Wall Street last week by announcing a 5.2 percent drop in sales at established stores in the 8 weeks leading up to Christmas. It also said that it tapped its credit line, something that alarmed investors since retailers are typically flush with cash during the holiday season.

Fitch Ratings responded by cutting Sears Holdings' credit rating to CCC from B, and Standard & Poor's put its rating on review for a possible downgrade. The cost of insuring Sears Holdings' debt rose as investors saw higher risks of default.

Fitch saw rising risk that Sears Holdings' earnings before interest, tax, depreciation and amortization (EBITDA) could turn negative in 2012, and said it may need to restructure.

"If Sears is unable to access the capital markets or find other adequate sources of availability, and EBITDA remains at the current rate or lower, there is a heightened risk of restructuring over the next 24 months," Fitch said. A CCC rating is defined by Fitch as indicating substantial credit risk, with default a real possibility.

When asked to comment on the company's financial position, Sears Holdings spokesman Chris Brathwaite said: "There's a considerable difference between disappointing operating performance and liquidity."

He noted that Sears Holdings had roughly $700 million in cash and $2.9 billion available on its credit facilities. It also has historically had between $8 billion and $10 billion of inventory and a substantial real estate portfolio, he added.

VENDORS KEY

A Sears Holdings' collapse is not seen likely in the near future. But that could change if key vendors lose faith and demand cash on delivery, decide to ship in smaller quantities, or ask for letters of credit, according to bankruptcy experts.

"The hurdle is going to be when one of the suppliers for a category that is important to them says we want letters of credit to back our receivables, at which point the unused bank lines get used very fast," said John Hempton, chief investment officer of a small hedge fund, Bronte Capital, in Australia. He has a short position on Sears.

Whirlpool Corp (WHR.N) and LG Electronics Inc (066570.KS) said there were no changes in their business ties with Sears and declined to comment on payment terms. Other suppliers General Electric Co (GE.N), Newell Rubbermaid Inc (NWL.N) and Stanley Black and Decker Inc (SWK.N) declined to comment.

"While it's clear that Sears has issues to tackle, they remain a trusted partner," said Jay Vandenbree, senior vice president, LG Electronics USA.

Whirlpool Corp (WHR.N) spokeswoman Kristine Vernier said, "We have had a long history with Sears and expect to continue a productive relationship going forward."

Turnaround expert Gene Baldwin of CRG Partners, a restructuring firm, said that if Sears Holdings' sales continue to decline, large vendors, particularly in consumer electronics, will tighten credit to the company within a couple of years.

"One day, one of the large vendors will say: 'You know, I don't believe this story any more' ... and that will start a snowball of vendor activity," he said.

While he called the situation at Sears "very dire," others are more optimistic about the retailer, saying it can be revived if Lampert brings in a top executive with extensive retail experience. Since he owns nearly half of Sears, Lampert has more reason than most chairmen to avoid bankruptcy.

WANTED: RETAIL GENIUS

Lampert has been criticized for tumult in the executive suite. The retailer in February named Lou D'Ambrosio as its CEO after a three-year search, appointing a technology executive with no retail experience. Sears also appointed a new chief financial officer in the past year, and lost its marketing chief at the start of the holiday season.

Sears could use the Midas touch of someone like Mickey Drexler, a legend in the industry for building up the Gap brand in the 1990's and working his magic at J. Crew where he has been CEO since 2003, said retail consultant Mark Freiman of Focus Management Group, a financial advisory and restructuring firm.

"They have got some iconic brands that if they had the capital behind them and the right merchants in the company, they could be turned around," said Freiman, who was the chief executive of a franchise chain of retail Hallmark stores.

Some analysts said Lampert's tight control over the company made it less attractive to top talent, and it would be difficult for Sears to land someone like Apple Inc's (AAPL.O) ex-retail chief Ron Johnson who joined J.C. Penney last year as its CEO.

One area which retail experts say Sears has done well on is its website Sears.com, considered to be among the best operated by department stores. But they say the online brand has been damaged by shabby bricks-and-mortar stores.

Sears Holdings spent $441 million on capital expenditure in 2010, which includes spending on technology as well as remodeling stores. In comparison, Macy's spent $505 million and it has only 850 stores.

"It's almost a white flag - by letting your stores degrade, you're saying you're not planning to stay long term," said David Berliner, a partner in BDO Consulting's restructuring practice.

Going back to fiscal 2006, Sears Holdings has spent about $2.7 billion on capital expenditures, half the $5.4 billion that the company has spent to buy back shares.

QUESTIONABLE REAL ESTATE

When Lampert engineered the merger, he touted the value of the real estate of the chains. Kmart's stores are primarily leased. About 61 percent of Sears' 800 mall stores are owned, while the others are under longer term leases.

That value has declined over the years as high-profile retail bankruptcies pushed up vacancies in U.S. shopping malls. The average vacancy rate for large U.S. shopping malls hit an 11-year high in the third quarter of 2011.

"There isn't a whole lot of need for empty big boxes right now," said Craig Boucher, another turnaround expert at CRG. "We still have empty Circuit City stores and empty Linens N Things stores out there," he said in reference to two chains that closed in recent years.

(Reporting By Dhanya Skariachan and Phil Wahba in New York. Additional reporting by Ilaina Jonas in New York, Tom Hals in Wilmington Delaware and Nivedita Bhattacharjee in Chicago. Editing by Tiffany Wu and Martin Howell)

Source: http://us.rd.yahoo.com/dailynews/rss/business/*http%3A//news.yahoo.com/s/nm/20120103/bs_nm/us_sears

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