Home Sale Contingencies: What Buyers And Sellers Need To Know

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A home sale contingency is one type of contingency clause frequently included in a real estate sales contract (or an offer to purchase real estate). With a home sale contingency in place, the transaction is dependent (or contingent) upon the sale of the buyer's home. If the buyer's house sells by the specified date, the contract moves forward; if it doesn't sell by the specified date, the contract is terminated. Here, we take a look at what buyers and sellers need to know about home sale contingencies.

Two Types of Home Sale Contingencies

There are two types of home sale contingencies:

Sale and Settlement Contingency Settlement Contingency As the name implies, a sale and settlement contingency is dependent upon the buyer selling and settling an existing home. This type of contingency is used if the buyer has not yet received and accepted an offer to purchase on the current home. In general, this type of contingency allows a seller to continue to market the home to other potential buyers, with the stipulation that the buyer will be given the opportunity to remove the sale and settlement contingency within a specified time period (typically 24-48 hours) if the seller receives another offer. If the buyer cannot remove the contingency, the contract is terminated, the seller can accept the other offer and the earnest money deposit is returned to the buyer.

A settlement contingency, on the other hand, is used if the buyer has already marketed his or her property, has a contract in hand and a settlement date on the calendar. Because the property isn't truly sold until the settlement (or closing) takes place, this protects the buyer if the sale falls through for any reason. In most cases, this type of contingency prohibits the seller from accepting other offers on the property for a specified period of time. If the buyer's home closes by the specified date, the contract remains valid. If the home does not close, the contract can be terminated.

Considerations for Buyers

Most buyers need to sell their existing home to purchase a new one, especially when "trading up" to a more expensive house. A home sale contingency gives buyers the time they need to sell and settle before committing to a new home. Buyers can avoid owning two homes and holding two mortgages at one time while waiting for their own home to sell. A home sale contingency can also make for a seamless transaction: the buyer can sell one home and move into the next since the new home is already "locked in."

Even though a home sale contingency helps bring peace of mind to the buyer, it doesn't avoid other costs of home buying. Buyers must still spend money on home inspections, bank fees and appraisal fees, and these expenses are not refunded if the deal falls through due to the property not selling on time. In addition, the buyers will likely have to pay more for the property than if they made an offer without the home sale contingency. This is because they are essentially asking the seller to "gamble" on their ability to sell their current home and the seller will expect to be compensated for this risk.

Considerations for Sellers

A home sale contingency can be risky to sellers, because there is no guarantee that the home will sell. Even if the contract allows the seller to continue to market the property and accept offers, the house may be listed "under contract," making it less attractive to other potential buyers. Many people looking for homes will steer clear of a property that is under contract, because they don't want to waste time and risk falling in love with a property they may never have the chance to buy.

Before agreeing to a home sale contingency, the seller (or the seller's real estate agent) should investigate the potential buyer's current home to determine:

If the home is already on the market. If not, this is usually a red flag because it indicates the potential buyer is just thinking about buying and selling at this point. If it listed at the correct price. A real estate agent can prepare comparables to make sure the house is priced to sell. How long it has been on the market. If it's been a long time, the home may be priced too high, the showing procedure may be difficult or the market could just be dry. The average time on the market for homes in the neighborhood. If the average time is 30 days or so, one could expect the home to sell. If it's 90 days or more, the seller could be waiting with little chance that the buyer's home will sell. A home sale contingency, however, might be a good thing if the seller's property has been on the market a while. If the seller has had trouble finding a buyer, a contract with a contingency is still a contract, and there is a chance that the property will sell. In many cases, it is advisable to limit the amount of time the buyer has to sell his or her home to one to four weeks. This puts pressure on the buyer to lower the asking price and make a sale while preventing the seller from losing too much time in the event that the transaction does not close.

A seller can include a "kick-out clause" to provide a measure of protection against a home sale contingency. A kick-out clause states that the seller can continue to market the property and accept offers from other buyers. In this case, the seller gives the current buyer a specified amount of time (such as 72 hours) to remove the home sale contingency and continue with the contract. If the buyer does not remove the contingency, the seller can back out of the contract and sell to the new buyer.

The Bottom Line

Home sale contingencies protect buyers who want to sell one home before purchasing another. The exact details of any contingency must be specified in the real estate sales contract. Because contracts are legally binding, it is important to review and understand the terms of a home sale contingency. A qualified real estate professional or real estate attorney should be consulted with any questions or concerns regarding real estate contracts and home sale contingency clauses.

Feds expand hunt for offshore tax evaders

U.S. authorities have widened their hunt for Americans suspected of evading taxes by hiding assets and income in offshore bank accounts.

Federal judges approved special summonses aimed at getting account data and identifying information of American banking clients of Switzerland's Zurcher Kantonalbank and Bermuda-based N.T. Butterfield & Son, prosecutors said Tuesday.

The two banks, which could not immediately be reached for comment, don't have U.S. operations. So investigators got authorization to serve the summonses on four U.S. banks and one London-based bank where Zurcher Kantonalbank and N.T. Butterfield maintained correspondent accounts to service U.S. clients.

The five include Bank of New York Mellon, Citibank, JPMorgan Chase Bank, HSBC Bank and Bank of America.

The court approvals authorize so-called John Doe summonses that the IRS has used to obtain information about possible tax fraud by individuals whose identities are unknown. The tax agency and Department of Justice has relied on the legal tactic during their continuing crackdown on offshore tax evasion.

"These John Doe summonses will provide information about individuals using financial institutions from Switzerland to the Cayman Islands to Hong Kong to avoid their U.S. tax obligations," said Assistant U.S. Attorney General Kathryn Keneally.

Authorities previously used similar summonses in 2011 to seek information about American clients of London-based HSBC's India division.

They also won court approval in 2009 to serve John Doe summonses on Swiss banking giant UBS. That ultimately led to UBS turning over information on an estimated 4,450 American clients. The bank, Switzerland's largest, also paid a $780 million fine under a deferred prosecution agreement after acknowledging it had held clients duck U.S. taxes.

What Are Hedge Funds?

Hot Companies For 2014

A hedge fund is basically a fancy name for an investment partnership. It's the marriage of a fund manager, which can often be known as the general partner, and the investors in the hedge fund, sometimes known as the limited partners. The limited partners contribute the money and the general partner manages it according to the fund's strategy. A hedge fund's purpose is to maximize investor returns and eliminate risk, hence the word "hedge." If these objectives sound a lot like the objectives of mutual funds, they are, but that is basically where the similarities end.

The name "hedge fund" came into being because the aim of these vehicles was to make money regardless of whether the market climbed higher or declined. This was made possible because the managers could "hedge" themselves by going long or short stocks (shorting is a way to make money when a stock drops).

Key Characteristics

1. Only open to "accredited" or qualified investors: Investors in hedge funds have to meet certain net worth requirements to invest in them - net worth exceeding $1 million excluding their primary residence.

2. Wider investment latitude: A hedge fund's investment universe is only limited by its mandate. A hedge fund can basically invest in anything - land, real estate, stocks, derivatives, currencies. Mutual funds, by contrast, have to basically stick to stocks or bonds.

3. Often employ leverage: Hedge funds will often use borrowed money to amplify their returns. As we saw during the financial crisis of 2008, leverage can also wipe out hedge funds.

4. Fee structure: Instead of charging an expense ratio only, hedge funds charge both an expense ratio and a performance fee. The common fee structure is known as "Two and Twenty" - a 2% asset management fee and then a 20% cut of any gains generated.

There are more specific characteristics that define a hedge fund, but basically be! cause they are private investment vehicles that only allow wealthy individuals to invest, hedge funds can pretty much do what they want as long as they disclose the strategy upfront to investors. This wide latitude may sound very risky, and at times it can be. Some of the most spectacular financial blow-ups have involved hedge funds. That said, this flexibility afforded to hedge funds has led to some of the most talented money managers producing some amazing long-term returns.

A Hedge Fund at Work - A Fictional Example

To better understand hedge funds and why they have become so popular with both investors and money managers, let's set one up and watch it work for one year. I will call my hedge fund "Value Opportunities Fund, LLC." My operating agreement - the legal document that says how my fund works - states that I will receive 25% of any profits over 5% per year, and that I can invest in anything anywhere in the world.

Ten investors sign up, each putting in $10 million, so my fund starts with $100 million. Each investor fills out his investment agreement - similar to an account application form - and sends his check directly to my broker or to a fund administrator, who will record his or her investment on the books and then wire the funds to the broker. A fund administrator is an accounting firm that provides all the administration work for an investment fund. Value Opportunities Fund is now open, and I begin managing the money. Once I find attractive opportunities, I call my broker and tell him what to buy with the $100 million.

A year goes by and my fund is up 40%, so it is now worth $140 million. Now, according to the fund's operating agreement, the first 5% belongs to the investors with anything above that being split 25% to me and 75% to my investors. So the capital gain of $40 million would first be reduced by $2 million, or 5% of $40 million, and that goes to the investors. That 5% is known as a "hurdle" rate, because you have to first achieve that 5% "hurdl! e" rate! return before earning any performance compensation. The remaining $38 million is split 25% to me and 75% to my investors.

Based on my first-year performance and the terms of my fund, I have earned $9.5 million in compensation in a single year. The investors get the remaining $28.5 million along with the $2 million hurdle rate cut for a capital gain of $30.5 million. As you can see, the hedge fund business can be very lucrative. If I were managing $1 billion instead, my take would have been $95 million and my investors, $305 million. Of course, many hedge fund managers get vilified for earning such exuberant sums of money. But that's because those doing the finger pointing - often the newspapers - fail to mention that my investors made $305 million. When is the last time you heard an investor in a hedge fund complain that his fund manager was getting paid too much?

Compensation Criticism - 2 and 20

From our fictional fund example above, it's evident that hedge fund managers earn a lot of money. But what perhaps gets the most criticism is the most popular compensation scheme in the hedge fund world: it's called the "2 and 20," and it is used by a large majority of hedge funds currently in operation.

The 2 and 20 compensation structure means that the hedge fund's operating agreement calls for the fund manager to receive 2% of assets and 20% of profits each year. It's the 2% that gets the criticism, and it's not difficult to see why. Even if the hedge fund manager loses money, he still gets 2% of assets. A manager overseeing a $1 billion fund could pocket $20 million a year in compensation without lifting a finger. Worse yet is the fund manager who pockets $20 million while his fund loses money. He or she then has to explain to investors why their account values declined while justifying getting paid $20 million. It's a tough sell and one that doesn't usually work. In the fictional example above, my particular fund charged no asset management fee and instead took a higher perf! ormance c! ut - 25% instead of 20%. This gives a hedge fund manager an opportunity to make more money - not at the expense of the fund's investors, but rather alongside them. Unfortunately, this no asset management fee structure is rare in today's hedge fund world. The 2 and 20 structure still prevails, although many funds are starting to go to a 1 and 20 setup.

Hedge Funds Today and Strategies

By most estimates, thousands of hedge funds are operating today, collectively managing over $1 trillion. Hedge funds can pursue a varying degree of strategies including macro, equity, relative value, distressed securities and activism. A macro hedge fund invests in stocks, bonds and currencies in hopes of profiting from changes in macroeconomic variables such as global interest rates and countries' economic policies. An equity hedge fund may be global or country specific, investing in attractive stocks while hedging against downturns in equity markets by shorting overvalued stocks or stock indices. A relative-value hedge fund takes advantage of price or spread inefficiencies. Other hedge fund strategies include aggressive growth, income, emerging markets, value and short selling.

Another popular strategy is the "fund of funds" approach in which a hedge fund mixes and matches other hedge funds and other pooled investment vehicles. This blending of different strategies and asset classes aims to provide a more stable long-term investment return than any of the individual funds. Returns, risk and volatility can be controlled by the mix of underlying strategies and funds.

Notable hedge funds today include the Paulson Funds, a group of various hedge funds founded by John Paulson. Paulson became famous after his fund reaped billions from betting against mortgages back in 2008. Paulson has other specific hedge funds, including one that invests solely in gold, for example.

Pershing Square is a highly successful and high-profile activist hedge fund run by Bill Ackman. Ackman invests in companies that he feels are undervalued with the goal of taking a more active role in the company to unlock value. Activism typically includes changing the board of directors, appointing new management or pushing for a sale of the company. Carl Icahn, a well-known activist, also heads up very successful activist hedge funds. In fact, one of his holding companies, Icahn Enterprises (Nasdaq:IEP), is publicly traded and gives investors who can't or don't want to directly invest in a hedge fund an opportunity to bet on Icahn and his skill at unlocking value.

New Regulations for Hedge Funds

One aspect that has set the hedge fund industry apart for so long is the fact that hedge funds face little money-management regulation. Compared to mutual funds, pension funds and other investment vehicles, hedge funds are the least regulated. That's because hedge funds are only allowed to take money from "qualified" investors - individuals with an annual income that exceeds $200,000 for the past two years or a net worth exceeding $1 million excluding their primary residence. As such, the Securities and Exchange Commission deems qualified investors suitable enough to handle the potential risks that come from a wider investment mandate.

But make no mistake, hedge funds are regulated, and recently they are coming under the microscope more and more. Hedge funds are so big and powerful that the SEC is starting to pay closer attention. And breaches such as insider trading seem to be occurring much more frequently, an activity regulators come down hard on.

In September 2013, the hedge ! fund industry experienced one of the most significant regulatory changes to come along in years. In March 2012, the Jumpstart Our Business Startups Act (JOBS Act) was signed into law. The basic premise of the JOBS Act was to encourage funding of small businesses in the U.S by easing securities regulation. The JOBS Act also had a major impact on hedge funds: In September 2013, the ban on hedge fund advertising was lifted. In a 4-to-1 vote, the SEC approved a motion to allow hedge funds and other firms that create private offerings to advertise to whomever they want, but they can only accept investments from accredited investors. While hedge funds may not look like small businesses, because of their wide investment latitude they are often key suppliers of capital to startups and small businesses. Giving hedge funds the opportunity to solicit capital would in effect help the growth of small businesses by increasing the pool of available investment capital.

Hedge fund advertising deals with offering the fund's investment products to accredited investors or financial intermediaries through print, television and the internet. A hedge fund that wants to solicit (advertise to) investors must file a "Form D" with the SEC at least 15 days before it starts advertising. Because hedge fund advertising was strictly prohibited prior to lifting this ban, the SEC is very interested in how advertising is being used by private issuers, so it has made changes to Form D filings. Funds that make public solicitations will also need to file an amended Form D within 30 days of the offering's termination. Failure to follow these rules will likely result in a ban from creating additional securities for a year or more.

Not For Everyone

It should be obvious that hedge funds offer some worthwhile benefits over traditional investment funds. Some notable benefits of hedge funds include:

· 1. Investment strategies that have the ability to generate positive returns in both rising and falling equity an! d bond ma! rkets.

· 2. Hedge funds in a balanced portfolio can reduce overall portfolio risk and volatility and increase returns.

· 3. A huge variety of hedge fund investment styles – many uncorrelated with each other – provide investors the ability to precisely customize investment strategy.

· 4. Access to some of the world's most talented investment managers.

Of course, hedge funds are not without risk as well:

· 1. Concentrated investment strategy exposes hedge funds to potentially huge losses.

· 2. Hedge funds typically require investors to lock up money for a period of years.

· 3. Use of leverage, or borrowed money, can turn what would have been a minor loss into a significant loss.

The Bottom Line

Just as with any investment strategy, investors must look at their own specific goals and needs and decide whether hedge funds fit their current investment needs.

Top 5 Medical Companies To Own In Right Now

Yesterday, mid cap women�� health stock Hologic, Inc (NASDAQ: HOLX) fell more than 10% after disappointing Wall Street on earnings,�meaning it might be time to take a look at it and�small cap women�� health stocks�The Female Health Company (NASDAQ: FHCO) and TherapeuticsMD Inc (NYSEMKT: TXMD) because after all, women account for half the population and these three small caps are all focused on the women�� health:

Hologic, Inc.�A leading developer, manufacturer and supplier of premium diagnostic products, medical imaging systems, and surgical products, Hologic, Inc has�an emphasis on serving the healthcare needs of women throughout the world. On Monday after the market closed, Hologic, Inc�announced that fiscal�fourth quarter revenues increased 5.7% to $622.1 million along with a�9.4% increase in non-GAAP net income�to $107.6 million and a net loss�of $1.1 billion verses a�net loss of $77.8 million as the company determined that goodwill within its Diagnostics business segment was impaired. Weak demand for the ThinPrep pap tests, the mammography system 2D Selenia and the heavy menstruation surgical solution NovaSure impacted the top line. Given the deterioration of the ThinPrep and NovaSure lines, which�are Hologic, Inc�� most profitable businesses,�analysts range from being skeptical�or at least more realistic about the company�� prospects with a Jefferies report saying: ��

Top 5 Medical Companies To Own In Right Now: Algeta ASA (ALGETA.OL)

Algeta ASA is a Norway-based biotechnology company engaged in the development of targeted cancer therapies based on its alpha-pharmaceutical platform. The Company�� principal product is Alpharadin for the treatment of bone metastases resulting from castration-resistant prostate cancer. The Company�� pipeline also includes Alpharadin for the treatment of bone metastases resulting from breast cancer, a combination of Alpharadin with Taxotere for the treatment of bone metastases resulting from prostate cancer and Thorium-227 showing various cancer indications. The Company develops Alpharadin in a development and marketing cooperation with Bayer Schering Pharma. Algeta ASA is active through the two wholly owned subsidiaries, Algeta Innovations AS and Algeta UK Limited. On April 12, 2012, the Company announced that it estabilished a subsidiary active in the United States, Algeta US.

Top 5 Medical Companies To Own In Right Now: Non-Invasive Monitoring Systems Inc (NIMU)

Non-Invasive Monitoring Systems, Inc. (NIMS), incorporated on July 16, 1980, along with its subsidiaries, is engaged in the research, development, manufacturing and marketing of a line of motorized, non-invasive, whole body, periodic acceleration platforms, which are intended as aids to increase local circulation and temporary relief of minor aches and pains, produce local muscle relaxation and reduce morning stiffness. The Company�� products are derivatives of its original acceleration platform, the AT-101, and are for use in homes, wellness centers and clinics. NIMS is focused on developing and marketing its Exer-Rest line of acceleration therapeutic platforms based upon whole body periodic acceleration (WBPA) technology. The Exer-Rest line of acceleration therapeutic platforms includes the Exer-Rest AT, AT3800 and AT4700 models. In addition, it receives royalty revenue from the sales of non-invasive diagnostic monitoring devices and related software.

Whole Body Periodic Acceleration (WBPA) Therapeutic Devices

The AT-101 is a device that moves a platform repetitively in a head-to-foot motion at a rapid pace. In January 2005, the Company ceased manufacturing the AT-101. The Exer-Rest AT therapeutic vibrator is based upon the design and concept of the AT-101 therapeutic vibrator, but has the dimensions and appearance of a commercial extra long twin bed. The Exer-Rest AT was manufactured by QTM Incorporated (QTM). The wired hand held controller provides digital values of speed, travel and time rather than analog values of speed and arbitrary force values as in the AT-101. the Company discontinued manufacturing of the Exer-Rest AT in July 2009. The Exer-Rest SL and Exer-Rest TL, which were manufactured by Sing Lin Technology Co., Ltd. (Sing Lin), are next generation versions of the Exer-Rest AT and advance the acceleration therapeutic platform technology.

LifeShirt

The LifeShirt is a wearable physiological computer that incorporates transducers, ele! ctrodes and sensors into a sleeveless garment. Pulse oximetry is an optional add-on. These sensors transmit vital and physiological signs to a miniaturized, battery-powered, electronic module which saves the raw waveforms and digital data to the compact flash memory of a Personal Digital Assistant (PDA) attached to the LifeShirt. Users of the LifeShirt can enter symptoms (with intensity), mood and medication information directly into the PDA for integration with the physiologic information collected by the LifeShirt garment. Such data are then transmitted from the flash memory to a data collection center that transforms the data into minute-by-minute median trends of over 30 physical and emotional signs of health and disease. In addition, the monitored patient can enter symptoms with intensity, mood, and medication directly into the PDA for integration with the physiologic information collected with the LifeShirt garment. As of July 31, 2009, LifeShirt was not marketed. The LifeShirt was sold by VivoMetrics, but has not been marketed since VivoMetrics ceased operations in July 2009.

The Company competes with Power Plate of North America, Vibraflex and CERAGEM International, Inc.

Top 10 Gold Companies For 2014: Antares Pharma Inc (ATRS)

Antares Pharma, Inc. (Antares) is a pharma company that focuses on self-injection pharmaceutical products and technologies and topical gel-based products. The Company�� subcutaneous and intramuscular injection technology platforms include Vibex disposable pressure-assisted auto injectors, Vision reusable needle-free injectors, and disposable multi-use pen injectors. In the injector area, it has licensed its reusable needle-free injection device for use with human growth hormone (hGH) to Teva, Ferring Pharmaceuticals BV (Ferring) and JCR Pharmaceuticals Co., Ltd. (JCR), with Teva and Ferring being its two primary customers. The Company has also licensed both disposable auto and pen injection devices to Teva for use in certain fields and territories and is engaged in product development activities for Teva utilizing these devices.

In the gel-based area, it received Food and Drug Administration (FDA) approval in December 2011 for its oxybutynin gel 3% product, Anturol, for the treatment of overactive bladder. Antares also has a licensing agreement with Watson Watson Pharmaceuticals, Inc. (Watson) under which Watson will commercialize its topical oxybutynin gel 3% product in the United States and Canada. Its gel portfolio also includes Elestrin (estradiol gel) in the United States for the treatment of moderate-to-severe vasomotor symptoms associated with menopause. Antares has designed disposable, pressure assisted auto injector devices to address acute medical needs, such as allergic reactions, migraine headaches, acute pain, emesis and other daily therapies.

Pressure Assisted Injection Devices

The Company�� Pressure Assisted Injection Devices consists of three products: reusable needle-free injectors, disposable pressure assisted auto injectors and disposable pen injectors. Reusable needle-free injectors deliver precise medication doses through high-speed, pressurized liquid penetration of the skin without a needle. The injector employs a disposable pl! astic needle-free syringe, which offers liquid medication delivery through an opening that is approximately half the diameter of a standard, 30-gauge needle.

Disposable pressure assisted auto injectors is a technology of controlled pressure delivery of drugs into the body utilizing a spring power source. The Vibex is designed to provide fast subcutaneous or intramuscular injections of up to 0.5ml with minimal discomfort and improved convenience in conjunction with the enhanced safety of a shielded needle. Disposable pen injectors are needle-based devices designed to deliver multiple injections from multi-dose drug cartridges. The devices contain mechanisms that specify the dose to be delivered by defining the amount of movement by the stopper in the cartridge with each device actuation.

The Vision/Tjet has been sold for use in more than 30 countries to deliver either insulin or hGH. The product features a reusable, spring-based power source and disposable needle-free syringe, which acts as the pathway for the injectable drug through the skin and allows for viewing of the medication dose prior to injection. The product is also reusable, with each device designed to last for approximately 3,000 injections (or approximately two years) while the needle-free syringe, when used with insulin or hGH, is disposable after approximately one week when used by a single patient for injecting from multi-dose vials. The Vision/Tjet administers injectables by using a spring to push the active ingredient in solution or suspension through a micro-fine opening in the needle-free syringe. The opening is approximately half the diameter of a 30-gauge needle. The Vision/Tjet is primarily used in the United States, Europe, Asia and Japan.

Antares has designed disposable, pressure assisted auto injector devices to address acute medical needs, such as allergic reactions, migraine headaches, acute pain, emesis and other daily therapies. Its Vibex disposable product combines a low-energy, spr! ing-based! power source with a hidden needle, which delivers up to 0.5ml of the needed drug solution subcutaneously or intramuscularly. Antares is also developing a Vibex MTX auto injector for delivery of methotrexate for treatment of rheumatoid arthritis. The Company�� multi use, disposable pen injector complements its portfolio of single-use pressure assisted auto injector devices. The disposable pen injector device is designed to deliver drugs by injection through needles from multi- dose cartridges. The disposable pen is in the stage of development where devices are being used in clinical evaluations.

Transdermal Products

The Company�� ATD system penetrates the skin to deliver a variety of treatments. The gels consist of a hydro-alcoholic base, including a combination of permeation enhancers. Products being developed/ commercialized include Anturol, Elestrin and Nestragel. Elestrin is a transdermal estradiol gel for the treatment of moderate-to-severe vasomotor symptoms associated with menopause. Its other injectable drugs that are presently self-administered and may be suitable for injection with its systems include therapies for the prevention of blood clots and treatments for multiple sclerosis, migraine headaches, inflammatory diseases, impotence, infertility, acquired immune deficiency symdrome (AIDS) and hepatitis.

The Company competes with Ypsomed AG, SHL Group AB, OwenMumford Ltd., West Pharmaceuticals, Becton Dickinson, Haselmeir GmbH, Elcam Medical, Vetter Pharma, Bioject Medical Technologies Inc., The Medical House PLC, Watson, Abbott, Eli Lilly, Auxillium, Inc., Endo Pharmaceuticals, Teva, Mylan, Roxane, Bedford Labs, APP Pharmaceuticals, Hospira, Pfizer, GSK/Astellas, Warner Chilcott and Allergan.

Advisors' Opinion:

• [By Keith Speights]

  1. Antares Pharma (NASDAQ: ATRS  )
  Antares has experienced a roller-coaster ride so far this year. The stock was up more than 10% early in January, then proceeded to fall by more than 20% by late February. Since then, Antares has clawed its way back and now stands up a little over 10% for the year.�

• [By Keith Speights]

  Antares Pharma (NASDAQ: ATRS  ) announced its first-quarter results �Wednesday morning but failed to impress the market. Shares were down around 3% in midday trading. Here are the highlights from the company's results.

• [By Luke Jacobi]

  Antares Pharma (NASDAQ: ATRS) added 6.65 percent to close at $4.33 following the announcement that an FDA decision is expected on its drug on October 14. Equities

Top 5 Medical Companies To Own In Right Now: Boston Scientific Corp (BSX)

Boston Scientific Corporation is a developer, manufacturer and marketer of medical devices that are used in a range of interventional medical specialties. During the year ended December 31, 2011, its products were offered for sale by seven core businesses: Interventional Cardiology, CRM, Endoscopy, Peripheral Interventions, Urology/Women�� Health, Neuromodulation, and Electrophysiology. In January 2011, it completed the acquisition of Intelect Medical, Inc. In January 2011, it completed the acquisition of Sadra Medical, Inc. In March 2011, the Company completed the acquisition of Atritech, Inc. In February 2011, it announced the acquisitions of S.I. Therapies and ReVascular Therapeutics, Inc. In January 2011, the Company sold its Neurovascular business to Stryker Corporation. In June 2012, the Company acquired Cameron Health, Inc. of San Clemente, California and, as a result, added to its product portfolio subcutaneous implantable cardioverter defibrillator, called the S-ICD System.

Interventional Cardiology

The Company offers coronary stent product. Coronary stents are tiny, mesh tubes used in the treatment of coronary artery disease, which are implanted in patients to prop open arteries and facilitate blood flow to and from the heart. The Company offers a two-drug platform strategy with its paclitaxel-eluting and everolimus-eluting stent system offerings, and it offers a range of stent sizes. The Company markets its next-generation internally-developed and self-manufactured PROMUS Element stent system in the United States, its Europe/Middle East/Africa (EMEA) region and certain Inter-Continental countries, including China and India. It markets the PROMUS everolimus-eluting stent system, supplied to the Company by Abbott Laboratories, in Japan. It also markets its TAXUS paclitaxel-eluting stent line, including its third-generation TAXUS Element paclitaxel-eluting stent system in the U.nited States, Japan, EMEA and certain Inter-Continental countries.

The Compa! ny markets a line of products used to treat patients with atherosclerosis, a principal cause of coronary artery obstructive disease. Its product offerings include balloon catheters, rotational atherectomy systems, guide wires, guide catheters, embolic protection devices, and diagnostic catheters used in percutaneous transluminal coronary angioplasty (PTCA). The Company markets a family of intraluminal catheter-directed ultrasound imaging catheters and systems for use in coronary arteries and heart chambers, as well as certain peripheral vessels. The iLab Ultrasound Imaging System continues as its flagship console and is compatible with its line of imaging catheters. The system is designed to enhance the diagnosis and treatment of blocked vessels and heart disorders. Sadra is developing a repositionable and retrievable device for transcatheter aortic valve replacement (TAVR) to treat patients with severe aortic stenosis. The Lotus Valve System consists of a stent-mounted tissue valve prosthesis and catheter delivery system for guidance and placement of the valve. Atritech has developed a device designed to close the left atrial appendage in patients with atrial fibrillation who are at risk for ischemic stroke. The WATCHMAN Left Atrial Appendage Closure Technology, developed by Atritech, is the first device proven in a randomized clinical trial to offer an alternative to anticoagulant drugs, and is approved for use in CE Mark countries.

Cardiac Rhythm Management

The Company develops, manufactures and markets a variety of implantable devices that monitor the heart and deliver electricity to treat cardiac abnormalities, including Implantable cardioverter defibrillator (ICD) systems used to detect and treat abnormally fast heart rhythms (tachycardia) that could result in sudden cardiac death, including implantable cardiac resynchronization therapy defibrillator (CRT-D) systems used to treat heart failure, and implantable pacemaker systems used to manage slow or irregular heart rhyth! ms (brady! cardia), including implantable cardiac resynchronization therapy pacemaker (CRT-P) systems used to treat heart failure. Its product offerings include its COGNIS cardiac resynchronization therapy defibrillator (CRT-D), its TELIGEN ICD systems and its ALTRUA family of pacemaker systems. During 2011, it began the United States launch of its next-generation line of defibrillators, INCEPTA, ENERGEN and PUNCTUA.

Endoscopy

The Company markets a range of products to diagnose, treat and ease a variety of digestive diseases, including those affecting the esophagus, stomach, liver, pancreas, duodenum, and colon. Common disease states include esophagitis, portal hypertension, peptic ulcers as well as esophageal, biliary, pancreatic and colonic cancer. The Company offers the Radial Jaw 4 Single-Use Biopsy Forceps, which are designed to enable collection of large high-quality tissue specimens without the need to use large channel therapeutic endoscopes. Its exclusive line of RX Biliary System devices are designed to provide greater access and control for physicians to diagnose and treat challenging conditions of the bile ducts, such as removing gallstones, opening obstructed bile ducts and obtaining biopsies in suspected tumors. The Company also markets the Spyglass Direct Visualization System for direct imaging of the pancreatico-biliary system. The Spyglass System is a single-operator cholangioscopy device that offers clinicians a direct visualization of the pancreatico-biliary system and includes supporting devices for tissue acquisition, stone management and lithotripsy. Its products also include the WallFlex family of stents, in particular, the WallFlex Biliary line and WallFlex Esophageal line; and in 2011, the Company launched its Advanix Biliary Plastic Stent System and the Expect Endoscopic Ultrasound Aspiration Needle in the United States and certain international markets. Its Resolution Clip Device is an endoscopic mechanical clip designed to treat gastrointestinal bleeding.

T! he Company markets devices to diagnose, treat and ease pulmonary disease systems within the airway and lungs. Its products are designed to help perform biopsies, retrieve foreign bodies from the airway, open narrowings of an airway, stop internal bleeding, and ease symptoms of some types of airway cancers. Its product line includes pulmonary biopsy forceps, transbronchial aspiration needles, cytology brushes and tracheobronchial stents used to dilate narrowed airway passages or for tumor management. Asthmatx, Inc. designs, manufactures and markets a less-invasive, catheter-based bronchial thermoplasty procedure for the treatment of severe persistent asthma. The Alair Bronchial Thermoplasty System, developed by Asthmatx, has both CE Mark and Food and Drug Administration (FDA) approval and is the first device-based asthma treatment approved by the FDA.

Peripheral Interventions

The Company sells various products designed to treat patients with peripheral disease, including a line of medical devices used in percutaneous transluminal angioplasty and peripheral vascular stenting. Its peripheral product offerings include stents, balloon catheters, wires, peripheral embolization devices and vena cava filters. In 2010 and 2011, it launched several of its products internationally, including the EPIC self-expanding nitinol stent system in certain international markets, and the Carotid WALLSTENT stent system in Japan. The Company launched three new peripheral angioplasty balloons in 2011, including its next-generation Mustang percutaneous transluminal angioplasty (PTA) balloon, its Coyote balloon catheter, a highly deliverable and ultra-low profile balloon dilatation catheter designed for a range of peripheral angioplasty procedures and its Charger PTA Balloon Catheter, a 0.035 inch percutaneous transluminal angioplasty balloon catheter designed for post-stent dilatation, as well as conventional balloon angioplasty to open blocked peripheral arteries. The Company has commenced a limited ma! rket rele! ase of its OFFROAD re-entry catheter system in certain international markets, and in February 2012, it launched its TRUEPATH intraluminal CTO device in the United States.

The Company sells products designed to treat patients with non-vascular disease. Its non-vascular suite of products include biliary stents, drainage catheters and micro-puncture sets designed to treat, diagnose and ease various forms of benign and malignant tumors. The Company continues to market its extensive line of Interventional Oncology product solutions, including the Renegade HI-FLO Fathom microcatheter and guidewire system and Interlock - 35 Fibered IDC Occlusion System for peripheral embolization. The Company�� FilterWire EZ Embolic Protection System is a filter designed to capture embolic material that may become dislodged during a procedure, which could otherwise travel into the microvasculature where it could cause a heart attack or stroke. It is commercially available in the United States, its EMEA region and certain Inter-Continental countries for multiple indications, including the treatment of disease in peripheral, coronary and carotid vessels. It is also available in the United States for the treatment of saphenous vein grafts and carotid artery stenting procedures.

Urology/Women�� Health

The Company�� Urology/Women�� Health division develops, manufactures and sells devices to treat various urological and gynecological disorders. The Company sells a variety of products designed to treat patients with urinary stone disease, stress urinary incontinence, pelvic organ prolapse and excessive uterine bleeding. The Company offers a line of stone management products, including ureteral stents, wires, lithotripsy devices, stone retrieval devices, sheaths, balloons and catheters.

The Company markets a range of devices for the treatment of conditions, such as female urinary incontinence, pelvic floor reconstruction (rebuilding of the anatomy to its original state), and ! menorrhag! ia (excessive menstrual bleeding). It offers a breadth of mid-urethral sling products, sling materials, graft materials, pelvic floor reconstruction kits, and suturing devices. The Company markets its Genesys Hydro ThermAblator (HTA) system, a next-generation endometrial ablation system designed to ablate the endometrial lining of the uterus in premenopausal women with menorrhagia. The Genesys HTA System features a smaller and lighter console, simplified set-up requirements, and an enhanced graphic user interface and is designed to improve operating performance.

Neuromodulation

The Company within its Neuromodulation business markets the Precision Spinal Cord Stimulation (SCS) system, used for the management of chronic pain. In 2011, the Company launched its Clik Anchor for its Precision Plus SCS System, a rechargeable SCS device for chronic pain management. During 2011, it received FDA approval for and launched the Infinion 16 Percutaneous Lead, a 16-contact percutaneous lead. The Company also markets the Linear 3-4 and Linear 3-6 Percutaneous Leads for use with its SCS systems, which are designed to provide physicians more treatment options for their chronic pain patients. Intelect Medical, Inc. is a development-stage company developing advanced visualization and programming for the Vercise system.

Electrophysiology

The Company within its Electrophysiology business develops less-invasive medical technologies used in the diagnosis and treatment of rate and rhythm disorders of the heart. Included in its product offerings are radio frequency (RF) generators, steerable RF ablation catheters, intracardiac ultrasound catheters, diagnostic catheters, delivery sheaths, and other accessories. Its products include the Blazer and Blazer Prime line of temperature ablation catheters, designed to deliver enhanced performance, responsiveness, and durability. Its cooled ablation portfolio includes the closed-loop irrigated catheter on the market, the Chilli II cooled! ablation! catheter, and the newly launched Blazer Open-Irrigated ablation catheter with a Total Tip Cooling Design.

The Company competes with Abbott Laboratories, Medtronic, Inc., St. Jude Medical, Inc. and Johnson & Johnson.

Advisors' Opinion:

• [By Holly LaFon]

  He added no new stocks to the low-turnover fund in the fourth quarter, but he did make several large increases. The stock positions he increased the most are: Hospira Inc. (HSP), CVS Caremark (CVS), Boston Scientific Corp. (BSX) and Zimmer Holdings Inc. (ZMH). Hospira (HSP)

• [By Brian Pacampara]

  What: Shares of medical device specialist Boston Scientific (NYSE: BSX  ) climbed 12% today after its quarterly results and guidance topped Wall Street expectations.�

Top 5 Medical Companies To Own In Right Now: CEL-SCI Corp (CVM)

CEL-SCI Corporation (CEL-SCI), incorporated on March 22, 1983, is engaged in the business of Multikine cancer therapy; New cold fill manufacturing service to the pharmaceutical industry, and ligand epitope antigen presentation System (LEAPS) technology, with two products, hemagglutinin type 1 and neuraminidase type 1 (H1N1) swine flu treatment for H1N1 hospitalized patients and CEL-2000, a rheumatoid arthritis treatment vaccine.

Multikine

CEL-SCI's Multikine, is being developed for the treatment of cancer. It is a cancer immunotherapy drugs called Combination Immunotherapy because it combines active and passive immunity in one product. It is the only cancer immunotherapy that both kills cancer cells and activates the general immune system to destroy the cancer. Multikine target the tumor micro-metastases for treatment failure. Multikine is also applicable in many other solid tumors.

New Manufacturing Facility

CEL-SCI's facility manufactures Multikine for CEL-SCI's Phase III clinical trial. CEL-SCI offers the use of the facility as a service to pharmaceutical companies and others, particularly those that need to fill and finish their drugs in a cold environment. Fill and finish is the process of filling injectable drugs in a sterile manner.

LEAPS

CEL-SCI's patented T-cell Modulation Process uses heteroconjugates to direct the body to choose a specific immune response. The heteroconjugate technology, referred to as LEAPS, is intended to stimulate the human immune system to fight bacterial, viral and parasitic infections, as well as autoimmune, allergies, transplantation rejection and cancer. Administered like vaccines, LEAPS combines T-cell binding ligands with small, disease associated and peptide antigens.

Using the LEAPS technology, CEL-SCI has created a peptide treatment for H1N1 (swine flu) hospitalized patients. This LEAPS flu treatment is designed to focus on the conserved, non-changing epitopes of the di! fferent strains of Type A Influenza viruses, including swine, avian or bird, and Spanish Influenza. CEL-SCI's LEAPS flu treatment contains epitopes.

IBM, eBay shares fall after earnings reports

SAN FRANCISCO (MarketWatch) — International Business Machines Corp. shares fell in the extended session Wednesday after the tech bellwether's earnings topped Wall Street estimates but revenue came in on the light side.

Bloomberg IBM's revenue falls short of analysts' targets.

IBM (IBM)  shares fell 6% to $175.56 on heavy volume after the company reported adjusted third-quarter earnings of $3.99 a share . Analysts polled by FactSet estimated $3.96 a share on revenue of $24.79 billion. The consensus estimate for earnings had held steady since late July, while revenue estimates had come down slightly over the same period.

Closing up 1.1% at $186.73 during the regular session Wednesday, IBM ranked as the second-largest component on the price-weighted Dow Jones Industrial Average (DJIA) , which finished up 1.4% on the day.

For the year, IBM said it expects adjusted earnings of at least $16.25 a share, or at least $16.90 a share excluding a second-quarter "workforce rebalancing" charge. Analysts surveyed by FactSet expect earnings of $16.87 a share.

Recently, IBM shares were downgraded by Barclays, which warned all the tech bellwether's segments could get hit by the rise of cloud computing and software-as-a-service.

Earnings Wall

Discuss key earnings announcements before and after results come in. Learn more

Key earnings reports we're tracking right now:
BAC |  PEP | EBAY | AXP | IBM

/conga/story/misc/earnings_wall_threewide.html 283192

Shares of eBay Inc. (EBAY)  dropped 4.1% to $51.33 on heavy volume after the company's outlook for the fourth quarter disappointed.

Shares of Select Comfort Corp. (SCSS)  plunged 24% to $18.39 on heavy volume after the maker of Sleep Number beds reported disappointing third-quarter results and cut its outlook for the year.

Shares of eBay, IBM and Select Comfort were among the top 10 highest volume trades after hours Wednesday.

Top Undervalued Stocks To Own Right Now

American Express Co. (AXP) shares rose 0.3% to $76.56 on moderate volume after the Dow component reported quarterly earnings of $1.25 a share on revenue of $8.3 billion.

Analysts expected third-quarter earnings of $1.22 a share on revenue of $8.23 billion. The consensus earnings-per-share figure has risen by a penny since late July, while the revenue consensus has declined slightly over the same period.

Xilinx Inc. (XLNX)  shares dropped 4.3% to $44.90 on moderate volume after the company reported fiscal second-quarter earnings.

5 Best Safest Stocks To Watch For 2014

On the face of it, figuring out how a bank makes money is a pretty straightforward affair. A bank earns a spread on the money it lends out from the money it takes in as a deposit. The net interest margin (NIM), which most banks report quarterly, represents this spread, which is simply the difference between what it earns on loans versus what it pays out as interest on deposits. This, of course, gets much more complicated given the dizzying array of credit products and interest rates used to determine the rate eventually charged for loans. Below is an overview of how a bank determines the interest rate for consumers and business loans.

It All Starts with Interest Rate Policy
Banks are generally free to determine the interest rate they will pay for deposits and charge for loans, but they must take the competition into account, as well as the market levels for numerous interest rates and Fed policies. The United States Federal Reserve influences interest rates by setting certain rates, stipulating bank reserve requirements, and buying and selling ��isk-free��(a term used to indicate that these are among the safest bonds in existence) U.S. Treasury and agency securities to impact the deposits that banks hold at the Fed. This is referred to as monetary policy and is intended to influence economic activity as well as the health and safety of the overall banking system. Most market-based countries employ a similar type of monetary policy in their economies.

5 Best Safest Stocks To Watch For 2014: Goldman Sachs Group Inc.(The)

The Goldman Sachs Group, Inc., together with its subsidiaries, provides investment banking, securities, and investment management services to corporations, financial institutions, governments, and high-net-worth individuals worldwide. Its Investment Banking segment offers financial advisory, including advisory assignments with respect to mergers and acquisitions, divestitures, corporate defense, risk management, restructurings, and spin-offs; and underwriting securities, loans and other financial instruments, and derivative transactions. The company?s Institutional Client Services segment provides client execution activities, such as fixed income, currency, and commodities client execution related to making markets in interest rate products, credit products, mortgages, currencies, and commodities; and equities related to making markets in equity products, as well as commissions and fees from executing and clearing institutional client transactions on stock, options, and fu tures exchanges. This segment also engages in the securities services business providing financing, securities lending, and other prime brokerage services to institutional clients, including hedge funds, mutual funds, pension funds, and foundations. Its Investing and Lending segment invests in debt securities, loans, public and private equity securities, real estate, consolidated investment entities, and power generation facilities. This segment also involves in the origination of loans to provide financing to clients. The company?s Investment Management segment provides investment management services and investment products to institutional and individual clients. This segment also offers wealth advisory services, including portfolio management and financial counseling, and brokerage and other transaction services to high-net-worth individuals and families. In addition, it provides global investment research services. The company was founded in 1869 and is headquartered in New York, New York.

5 Best Safest Stocks To Watch For 2014: Fluor Corporation(FLR)

Fluor Corporation, through its subsidiaries, provides engineering, procurement, construction, maintenance, and project management services worldwide. Its Oil & Gas segment offers design, engineering, procurement, construction, and project management services to upstream oil and gas production, downstream refining, chemicals, and petrochemicals industries. This segment also provides consulting services comprising feasibility studies, process assessment, and project finance structuring and studies. The company?s Industrial & Infrastructure segment offers design, engineering, procurement, and construction services to the transportation, wind power, mining and metals, life sciences, manufacturing, commercial and institutional, telecommunications, microelectronics, and healthcare sectors. Its Government segment provides engineering, construction, logistics support, contingency response, management, and operations services to the United States government focusing on the Departme nt of Energy, the Department of Homeland Security, and the Department of Defense. The company?s Global Services segment offers operations and maintenance, small capital project engineering and execution, site equipment and tool services, industrial fleet services, plant turnaround services, temporary staffing services, and supply chain solutions. Its Power segment provides engineering, procurement, construction, program management, start-up and commissioning, and operations and maintenance services to the gas fueled, solid fueled, plant betterment, renewables, nuclear, and power services markets. The company also offers unionized management and construction services in the United States and Canada. Fluor Corporation was founded in 1912 and is headquartered in Irving, Texas.

Advisors' Opinion:

• [By CRWE]

  Fluor Corporation�� (NYSE:FLR) Chairman and Chief Executive Officer, David Seaton, and Chief Financial Officer, Biggs Porter, will give a presentation to investors at the Credit Suisse 2012 Engineering & Construction Conference in New York on Thursday, June 7 at 9:00 a.m. Eastern Daylight Time.

• [By Rich Duprey]

  South America has become an unsettled region to mine in. Newmont Mining (NYSE: NEM  ) had its Peruvian Conga project brought to a short stop over environmental concerns, while Vale (NYSE: VALE  ) recently abandoned an Argentinean project because of the country's policies.�Costs for Pascua-Lama have ballooned over the past decade and now stand at about $8.5 billion, putting it at risk of becoming an albatross around the miner's neck even before the court decision. Barrick even resorted to bringing in engineering specialist Fluor (NYSE: FLR  ) to expand the scope of its project management before the court order.

• [By Louis Navellier]

  Fluor Corporation (FLR) is one of the world�� leading heavy construction and engineering firms. I don’t want to imply that this is a bad company because it is actually a very good one. However, Fluor has divisions including Oil & Gas, Industrial Infrastructure, Government, Global Services and Power. Virtually all of them are seeing limited spending as a result of the global slowdown and reduced government spending around the world. The stock is up more than 23% this year, but earnings are actually down on flat revenues. Analysts have been lowering their estimates for the rest of this year as well as 2014, and the stock is currently rated as a by Portfolio Grader. When the economy recovers, I expect will see this company’s fundamentals improve substantially … but until that happens investors should avoid the stock.

• [By The Energy Report]

  JH: One of the areas where the U.S. for decades has been the leading technological power is in small nuclear reactors. We've used them on our aircraft carriers and on our nuclear submarines safely and efficiently. The U.S. has an advantage in understanding small modular nuclear reactors. One of the companies that we have followed for a long time that's working on that is Babcock & Wilcox Co. (BWC). There's also Fluor Corp. (FLR), which is working on small modular nuclear reactors. President Obama and the Department of Energy are funding research on the implementation of small modular nuclear reactors.

Best Bank Stocks To Buy Right Now: Petroleo Brasileiro S.A.- Petrobras(PBR)

Petroleo Brasileiro S.A. primarily engages in oil and natural gas exploration and production, refining, trade, and transportation businesses. The company?s Exploration and Production segment involves in the exploration, production, development, and production of oil, liquefied natural gas (LNG), and natural gas in Brazil. This segment supplies its products to the refineries in Brazil, as well as sells surplus petroleum and byproducts in domestic and foreign markets. Its Supply segment engages in the refining, logistics, transportation, and trade of oil and oil products; export of ethanol; and extraction and processing of schist, as well as holds interests in companies of the petrochemical sector in Brazil. The Gas and Energy segment involves in the transportation and trade of natural gas produced in or imported into Brazil; transportation and trade of LNG; and generation and trade of electric power. In addition, the segment has interests in natural gas transportation and d istribution companies; and thermoelectric power stations in Brazil, as well engages in fertilizer business. The Distribution segment distributes oil products, ethanol, and compressed natural gas in Brazil. The International segment involves in the exploration and production of oil and gas, as well as in supplying, gas and energy, and distribution operations in the Americas, Africa, Europe, and Asia. Further, the company involves in biofuel production business. Petroleo Brasileiro was founded in 1953 and is based in Rio de Janeiro, Brazil.

Advisors' Opinion:

• [By David Smith]

  Think about it: 10 years ago the Gulf of Mexico was thought to be headed for oblivion, only to be revived mightily by technology that opened up the deepwater. Activity in Brazil was minimal, and now Diamond Offshore has a baker's dozen rigs working there, most in the deepwater and ultra-deepwater for Petrobras (NYSE: PBR  ) .

• [By Jim Jubak]

  The auction news isn't good for investors in Brazil's Petrobras (PBR), but it could well be a boon for China and Chinese oil companies such as PetroChina (PTR) and CNOOC (CEO).

• [By Selena Maranjian]

  The biggest new holdings are Chevron�and Salesforce.com. Other new holdings of interest include Brazilian oil giant Petrobras (NYSE: PBR  ) , which has seen its stock fall over the past few years. The company is weighed down by a lot of debt, but there are also promising signs from it, such as rising production numbers as some offshore rigs are brought back into service. Some are hopeful that solid car sales in Brazil will boost Petrobras' business.

5 Best Safest Stocks To Watch For 2014: Under Armour Inc.(UA)

Under Armour, Inc. develops, markets, and distributes performance apparel, footwear, and accessories for men, women, and youth primarily in the United States, Canada, and internationally. It offers products made from moisture-wicking synthetic fabrics designed to regulate body temperature and enhance performance regardless of weather conditions. The company provides its products in three fit types: compression (tight fitting), fitted (athletic cut), and loose (relaxed) extending across the sporting goods, outdoor, and active lifestyle markets. Its footwear offerings comprise football, baseball, lacrosse, softball, and soccer cleats; slides; performance training footwear; and running footwear. The company also provides baseball batting, football, golf, and running gloves, as well as licenses bags, socks, headwear, custom-molded mouth guards, and eyewear that are designed to be used and worn before, during, and after competition. Under Armour sells its products through retai l stores, as well as directly to consumers through its own retail outlets and specialty stores, Website, and catalogs. The company was founded in 1996 and is headquartered in Baltimore, Maryland.

Advisors' Opinion:

• [By Monica Gerson]

  Under Armour (NYSE: UA) is expected to report its Q3 earnings at $0.66 per share on revenue of $710.18 million.

  Reliance Steel & Aluminum Co (NYSE: RS) is estimated to report its Q3 earnings at $1.20 per share on revenue of $2.54 billion.

• [By Andrew Marder]

  One way that apparel companies are pushing the boundaries is by expanding their consumer base. Companies that had focused on men's clothing are offering women's lines, and vice versa. Two brands that are seeing some great success already are Under Armour (NYSE: UA  ) and Coach (NYSE: COH  ) . The gender expansion plays a big role in these companies' futures, and their actions are laying out a path for others to follow.

• [By Andrew Marder]

  Can VF scale the peak?
  The bar is high, and VF is now committed to hitting its impressive goal. Competitors are certainly not going to back down, and VF is going to be under pressure for the next five years. On its main front, expect VF to see a siege from rival brand Columbia Sportswear (NASDAQ: COLM  ) and sporting champion Under Armour (NYSE: UA  ) .

• [By Sam Cicotello]

  Cole Campell is a freshman at St. Albans School in Washington, D.C. He recently spent a day with us at Fool HQ learning more about the stock market. He chose to focus on Under Armour (NYSE: UA  ) for the day and discussed it with our analysts and editors. Here he shares his unique perspective as a young investor watching an upstart company challenge an older, dominant brand.

Ikea executives accused of spying in France

Ikea France and its top executives are under investigation for illegally gathering personal data on employees.

LONDON (CNNMoney) Ikea's top executives in France are in hot water over a spying scandal.

Ikea France and its CEO and CFO have been placed under formal investigation this week for allegedly collecting confidential personal data on staff, according to Marc Brisset-Foucault, a French prosecutor overseeing the case.

The former CEO of Ikea France is also facing the same accusations, he said.

The case centers on allegations that Ikea managers illegally gained access to private police records about its staff and job applicants, said Brisset-Foucault. Such records are strictly protected under the law.

The launch of a formal investigation means Ikea France and its senior executives are one step short of being charged.

Ikea France's CEO, Stefan Vanoverbeke, will fight the allegations, according to his attorney, Alexis Gublin.

He has "always condemned these kinds of practices," said Gublin.

Former CEO Jean-Louis Baillot's lawyer would not comment on the case. The lawyer for the CFO, Dariusz Rychert, could not immediately be reached for comment.

According to Gublin, Ikea France was required to post a €500,000 bond in relation to the case.

The investigation dates back to early 2012.

It was launched after unions representing Ikea employees made a formal complaint about potential spying, said Brisset-Foucault.

Since then the investigation has widened. The senior executives under investigation spent a night in jail this week while they were being questioned, said Brisset-Foucault.

Many people have been called in for questioning and four police officers are also under investigation, he added.

After the spying allegations emerged last year, Ikea announced that it had found some practices at its French unit that strayed from the company's values and ethical standards. As a result of its internal investigation, four Ikea employees were fired. The company also introduced a new code of conduct.

In response to questions about the investigation launched by French authorities, Ikea sent CNN a statement that reads, in part, "Stefan Vanoverbeke, CEO of IKEA France and Dariusz Rychert, finance director, as well as the whole of IKEA France have my full support and confidence. IKEA has been cooperating with the invest! igation since the spring of 2012 and we hope that it will be concluded as soon as possible," said Roberto Monti, Ikea's director for South and East Europe.

The main investigator on the case, Alain Gallaire, is collecting evidence to bring the case to trial. "It will be a very long investigation because there are thousands of Ikea employees," said Brisset-Foucault.

If convicted of illegally collecting personal data, the executives could face up to five years in prison and a maximum fine of €300,000 each ($404,000), said Brisset-Foucault. They may also have to pay compensation to any individuals they are found to have spied on.

Top 5 Performing Companies To Invest In Right Now

Ikea, based in Sweden, employs 139,000 workers in 44 countries and generates over €27 billion ($36 billion) in annual revenue. It has 29 stores in France.

-- CNN's Lilia Blaise and Sandrine Amiel in Paris contributed to this report.

How to Make Videos That Turn Prospects to Clients

If you’re like most advisors, you’ve probably given some thought to using video for marketing purposes — after all, they’re ubiquitous on the Web — but you likely have not taken any concrete action.

That assessment is “empirical,” according to advisor technology guru Bill Winterberg, who put it this way in an interview with ThinkAdvisor:

“There are over 300,000 advisors in the U.S. and between 60,000 to 80,000 RIAs, yet I would say there are less than 100 advisors actively posting video content online.”

So advisors need not feel alone in their predicament but, according to Winterberg, neither should they neglect to keep up with changing business standards.

“Over the next five years, prospects are going to have expectations that they can watch something on advisors’ websites, whether that is an explainer video or a video biography that helps me figure out who you are and how you can help me,” he says. “Advisors who don’t step out and create these videos are going to miss the opportunity to convert these prospects to clients.”

Winterberg, who was a financial planner before forming FPPad in 2008 to educate advisors on technology — everything from customer relationship management (CRM) to going paperless — distinguishes between the video basics that every advisor must produce to the more advanced productions of the elite advisors who dominate video marketing.

The first “must-have” is what Winterberg calls an “explainer” video.

“That’s the 60- to 90-second video that clearly explains how the advisor and how the advisory firm helps people with specific needs,” he says.

He cites the file storage site Dropbox as a model advisors should emulate:

“Go to the Dropbox website and see the 60-second explainer video about managing your files and synchronizing your devices. The first 30 seconds explains these problems and the last 30 seconds shows how Dropbox solves these problems and ends with a great call to action: ‘Sign up for a free trial today.’”

Advisors too should conclude their videos with a call to action, he adds. “Ask the viewer to send an email, to schedule an appointment, to reach out to the advisor.” That puts the ball in the prospect’s court, he says.

The advisor tech consultant, whose free video broadcasts appear weekly on FPPad, says an advisor’s second “must-have” is a video biography.

“As a prospect, I want to know why this person is an advisor and why they wake up every day to be involved in this business,” Winterberg says, adding that a printed biography doesn’t cut it because it doesn’t convey “the human element” like video.

“It’s the mannerisms, the passion and it’s the way they say things — their expression — that does not come through in a written biography.”

Beyond these essentials that every advisor must have, there are a variety of ways advisors can express themselves in video both in terms of content and in terms of format.

As for content, Winterberg says it should “absolutely” vary among advisors since the video’s purpose is to demonstrate the advisor can solve the issues of his or her unique client base.

“One advisor should know all about taxes for physicians; another should know all the ins and outs of running a small manufacturing business. You should be very clear about understanding your niche and creating video content that addresses issues in that niche,” he says.

As to format, “there’s no right away of doing it; but there are a lot of wrong ways to do it,” he says.

“Not every advisor is comfortable in front of the camera. There should be creative ways to get the advisor involved in the video content without forcing the advisor to do something he’s not comfortable doing. When someone is in front of a camera and is not comfortable, that’s the first thing the audience sees.”

Winterberg cites Andy Millard, an advisor in Tyron, N.C., whose low-stress-investing series he regards as an effective way to leverage the advisor’s comfort in front of a camera. It helps that Millard has some acting experience.

“Andy Millard [comes across as] a human being. When you watch his videos, you feel comforted and you’re educated at same time. It’s a winning combination,” he says.

The tech guru is also a fan of Carbondale, Ill.-based CFP Jeff Rose, whose videos Winterberg describes as “cutting edge” and have an “unapologetic,” in-your-face style, challenging viewers who, for example, aren’t saving enough.

He cites Alan Moore of Milwaukee-based Serenity Financial Consulting as a third good example.

For those lacking the polish of a Millard, Winterberg suggests advisors get professional help:

“Bring in an acting coach—a producer who’s going to make the advisor comfortable. The coach should get the advisor to talk about those things that they are passionate about.

“We can all talk about what we’re passionate about; that can come out as a ‘wow’ experience on video. A good coach or producer can bring out the best in a person nervous in front of the camera,” Winterberg says.

While explainer videos should last a minute, Winterberg says that bios should be about three minutes, and additional videos should not exceed five minutes.

Advisor attire can vary. While family-office types should dress up, most advisors should avoid excessive formality.

“The goal is you want to be a human being: an open collar, maybe an open jacket, a nice blouse if you’re a female advisor” but not dressed to the nines, he advises.

Advisors ready to take the plunge into video will need to determine how they produce them. Winterberg says there are three approaches:

“First, is self-production and that is doing things like Vine videos, using your iPhone, Instagram. You can do that; it’s real; it’s not high gloss. The disadvantages are the video quality may be poor, the audio quality may be poor; it may not communicate the right message to your audience. It’s a double-edged sword,” he says: it’s cheap but risky.

The second approach, he says, is to buy “prosumer gear: a digital SLR camera; a nice lens; a dedicated microphone; a backdrop or green screen. That increases production quality—you can use cutaways; that keeps the audience engage,” he says, estimating the tab for equipment and editing software at about $2,500.

The third approach is to hire a pro. “Fully outsourcing will cost more but you leverage the talent and experience of the pro.”

Advisors who go that route are responsible for creating the script and making sure it passes compliance, but then they just show up in the studio.

“The pro films it, edits it, puts in images, uploads the video online and delivers the final product,” he says. Winterberg says such services start at about $1,000 to $2,000 a day to shoot several videos.

Heating Oil Futures Attempt Another Breakout

Best Blue Chip Stocks To Buy For 2014

For the sixth time in six trading sessions, Heating Oil futures have attempted to break out over 2.95. In Wednesday's trading, the contract reached its highest level over this time period, reaching 2.9476. Since making the high, the contract has retreated to 2.9387 before returning to the 2.94 handle.

Posted-In: Futures Commodities Technicals Intraday Update Markets Trading Ideas

(c) 2013 Benzinga.com. Benzinga does not provide investment advice. All rights reserved.

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Treasurys drop as market waits for Fed signals

NEW YORK (MarketWatch) — Treasury prices dipped on Tuesday, paring back gains from recent sessions as the market looked for signs of when the Federal Reserve may begin to shift away from its accommodative monetary policies.

Bloomberg Enlarge Image Ben S. Bernanke, chairman of the U.S. Federal Reserve, will speak Tuesday evening.

The benchmark 10-year note (10_YEAR)  yield, which moves inversely to price, rose 4 basis points on the day to 2.711%. The 30-year bond (30_YEAR)  yield rose 4.5 basis points to 3.803%, and the 5-year note (5_YEAR)  yield rose 4 basis points to 1.358%.

Fed Vice Chairwoman Janet Yellen, who has been nominated to lead the central bank, testified before the Senate Banking Committee last week. Her stated commitment to Fed bond buying pushed back market expectations for when the central bank may begin to scale back the program, bolstering the Treasury market in her wake. Yellen continued to defend the bond-buying policy in letters to senators that were released Tuesday.

More clues about the fate of that program may come when Fed Chairman Ben Bernanke speaks Tuesday evening in Washington D.C. On Wednesday, the Federal Open Market Committee will release minutes from its meeting in October, in which it decided not to scale back its bond-buying program. Another checkpoint on the economy will come Wednesday with the release of reports on retail sales, consumer prices and home sales.

"The data is not insignificant, because it could tell us about economic growth and inflation," said Kevin Giddis, head of fixed income at Raymond James. He added: "Probably the most interesting thing that comes out of the minutes will be what some of the Fed governors think about tapering in general."

Best Bank Stocks To Own Right Now

The market has begun to separate tapering expectations from the time-frame for a hike to the Fed's short-term interest rates, which are expected to remain near zero for the foreseeable future.

Click to Play Funds that play the IPO market find a bounty

This year's frenzied initial public offerings market is giving the few funds that invest in them a lot to choose from. Some financial advisers say they prefer these diversified portfolios to the possibly high-flying, but more risky, single offerings.

Treasurys pushed lower overnight as Asian debt supply hit the market. U.S. government debt also fell after the release of the German ZEW economic sentiment indicator, which climbed to its highest level since 2009, at 54.6 points, but missed expectations of 55. Prices continued to fall as issuance in the corporate bond market sapped some demand from the market.

An upbeat speech by New York Fed President William Dudley on Monday afternoon added to a sense of optimism about the economy, which may be poised to continue this week.

"We believe that Fed speak may continue to sound relatively more optimistic in the near term, especially as Bernanke and Dudley are likely looking to keep the market on side ahead of tomorrow's October FOMC minutes release," said Gennadiy Goldberg, U.S. strategist at TD Securities, in a note.

Data on Tuesday showed the employment cost index climbed 0.4% in the third quarter. The measure of civilian worker compensation costs slowed slightly from 0.5% in the second quarter. Economists had expected a 0.5% reading.

Mid-Afternoon Market Update: Celldex Therapeutics Rallies as Pandora Drops

Toward the end of trading Monday, the Dow traded down 0.33 percent to 15,399.45 while the NASDAQ declined 0.23 percent to 3,765.48. The S&P also fell, dropping 0.45 percent to 1,702.73.

Top Headline
Apple (NASDAQ: AAPL) reported that it has sold nine million new iPhone 5s and iPhone 5c models in the first three days after the launch of the new iPhones on Friday. Last September, Apple sold more than 5 million iPhone 5 models in the first three days after its launch. Apple also said that it estimates Q4 sales to be near the high end of its earlier projected range of $34 billion to $37 billion.

Equities Trading UP
Isis Pharmaceuticals (NASDAQ: ISIS) shot up 6.71 percent to $38.48 after the company reported positive Phase 2 data on ISIS-APOCIII Rx in patients with familial chylomicronemia.

Shares of Apple (NASDAQ: AAPL) got a boost, shooting up 5.16 percent to $491.51 after the company reported that it has sold nine million new iPhone 5s and iPhone 5c models in the first weekend.

Celldex Therapeutics (NASDAQ: CLDX) was also up, gaining 12.12 percent to $32.46 after following a bullish report out of Leerink Swann.

Equities Trading DOWN
Shares of Pandora (NYSE: P) were down 10.15 percent to $24.25 as traders looked to take profit on the stock after shares posted a massive rally over the past 3 weeks.

J. C. Penney Company (NYSE: JCP) shares tumbled 4.78 percent to $12.33. JC Penney is in talks to raise more money, Bloomberg reported.

Northern Tier Energy LP (NYSE: NTI) was down, falling 7.37 percent to $18.10 after the company reported an operational issue with crude unit. 

Commodities
In commodity news, oil traded down 1.07 percent to $103.62, while gold traded down 0.73 percent to $1,322.40. Silver traded up 0.10 percent Monday to $21.80, while copper fell 0.54 percent to $3.30.

Eurozone
European shares were lower today. The Spanish Ibex Index dropped 0.68 percent, while Italy's FTSE MIB Index fell 0.32 percent. Meanwhile, the German DAX dropped 0.47 percent and the French CAC 40 fell 0.75 percent while U.K. shares declined 0.59 percent.

Economics
The Chicago Fed National Activity Index surged to +0.14 in August, versus -0.43 in July. The preliminary reading of Markit flash manufacturing PMI declined to 52.8 in September, versus a reading of 53.1 in August.

5 Biotech Stocks Under $10 on the Move

DELAFIELD, Wis. (Stockpickr) -- At Stockpickr, we track daily portfolios of stocks that are the biggest percentage gainers and the biggest percentage losers.

>>5 Big Trades to Take as the Fed Hits the Gas

Stocks that are making large moves like these are favorites among short-term traders because they can jump into these names and try to capture some of that massive volatility. Stocks that are making big-percentage moves either up or down are usually in play because their sector is becoming attractive or they have a major fundamental catalyst such as a recent earnings release. Sometimes stocks making big moves have been hit with an analyst upgrade or an analyst downgrade.

Regardless of the reason behind it, when a stock makes a large-percentage move, it is often just the start of a new major trend -- a trend that can lead to huge profits. If you time your trade correctly, combining technical indicators with fundamental trends, discipline and sound money management, you will be well on your way to investment success. >>5 Stocks Insiders Love Right Now With that in mind, let's take a closer look at a several stocks under $10 that are making large moves to the upside.

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Organovo (ONVO) is a three-dimensional biology company focused on delivering breakthrough bioprinting technology and creating tissue on demand for research and medical applications. This stock closed up 8.2% to $6.03 in Thursday's trading session.

Thursday's Range: $5.80-$6.20 52-Week Range: $1.80-$8.50 Thursday's Volume: 5.36 million Three-Month Average Volume: 2.67 million >>5 Rocket Stocks to Buy as Mr. Market Climbs From a technical perspective, ONVO spiked sharply higher here right off its 50-day moving average of $5.80 with heavy upside volume. This move is quickly pushing shares of ONVO within range of triggering a big breakout trade. That trade will hit if ONVO manages to take out some near-term overhead resistance levels at $6.20 to $6.39 with high volume. Traders should now look for long-biased trades in ONVO as long as it's trending above its 50-day at $5.80 or above $5.50 and then once it sustains a move or close above those breakout levels with volume that hits near or above 2.67 million shares. If that breakout hits soon, then ONVO will set up to re-test or possibly take out its next major overhead resistance levels at $7.50 to its 52-week high at $8.50.

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Arca Biopharma (ABIO) is a biopharmaceutical company developing genetically targeted therapies for cardiovascular diseases. This stock closed up 4.3% to $1.45 in Thursday's trading session.

Thursday's Range: $1.37-$1.49 52-Week Range: $1.13-$5.94 Thursday's Volume: 2.08 million Three-Month Average Volume: 232,217 >>5 Stocks Set to Soar on Bullish Earnings From a technical perspective, ABIO ripped higher here right off its 50-day moving average of $1.38 with monster upside volume. This move saw shares of ABIO flirt with a breakout since the stock tested some near-term overhead resistance at $1.45. Shares of ABIO are now trending within range of triggering a big breakout trade. That trade will hit if ABIO manage to take out some near-term overhead resistance levels at $1.50 to $1.52 with high volume. Traders should now look for long-biased trades in ABIO as long as it's trending above its 50-day at $1.38 or above more near-term support at $1.29 and then once it sustains a move or close above those breakout levels with volume that hits near or above 232,217 shares. If that breakout hits soon, then ABIO will set up to re-test or possibly take out its next major overhead resistance level at $1.65. Any high-volume move above $1.65 will then give ABIO a chance to re-fill some of its previous gap down zone from May that started near $2.80.

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Supernus Pharmaceuticals (SUPN) is a specialty pharmaceutical company focused on developing and commercializing products for the treatment of central nervous system, or CNS, diseases. This stock closed up 4.3% to $6.87 in Thursday's trading session.

Thursday's Range: $6.55-$6.90 52-Week Range: $4.45-$14.98 Thursday's Volume: 754,000 Three-Month Average Volume: 546,767 >>4 Biotech Stocks Triggering Breakout Trades From a technical perspective, SUPN jumped sharply higher here back above both its 200-day moving average of $6.63 and its 50-day moving average of $6.67 with above-average volume. This stock has been trending sideways for the last month, with shares moving between $6.40 on the downside and $7.08 on the upside. This spike on Thursday is now quickly pushing shares of SUPN within range of triggering a big breakout trade above the upper-end of its recent sideways trading chart pattern. That trade will hit if SUPN manages to take out some near-term overhead resistance levels at $7 to $7.08 with high volume. Traders should now look for long-biased trades in SUPN as long as it's trending above some key near-term support at $6.40 and then once it sustains a move or close above those breakout levels with volume that hits near or above 546,767 shares. If that breakout hits soon, then SUPN will set up to re-test or possibly take out its next major overhead resistance levels at $8.40.

Top 5 China Companies To Own In Right Now

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Cerus (CERS) is a biomedical products company that focuses on commercializing the Intercept Blood System to enhance blood safety. This stock closed up 2.2% to $5.88 in Thursday's trading session.

Thursday's Range: $5.66-$5.94 52-Week Range: $2.68-$6.00 Thursday's Volume: 512,000 Three-Month Average Volume: 519,862 From a technical perspective, CERS moved modestly higher here right above its 50-day moving average of $5.48 with decent upside volume. This stock has been uptrending strong for the last two months and change, with shares moving higher from its low of $4.16 to its recent high of $6. During that uptrend, shares of CERS have been making mostly higher lows and higher highs, which is bullish technical price action. That move has now pushed shares of CERS within range of triggering a big breakout trade. That trade will hit if CERS manages to take out Thursday's high of $5.94 and then once it clears its 52-week high at $6 with high volume. Traders should now look for long-biased trades in CERS as long as it's trending above its 50-day at $5.48 and then once it sustains a move or close above those breakout levels with volume that hits near or above 519,862 shares. If that breakout hits soon, then CERS will set up to enter new 52-week-high territory, which is bullish technical price action. Some possible upside targets off that breakout are $7 or $8.

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Transition Therapeutics (TTHI) is a product-focused biopharmaceutical company, developing therapeutics for disease indications with markets. This stock closed up 3.9% to $4.18 in Thursday's trading session.

Thursday's Range: $3.98-$4.18 52-Week Range: $1.90-$4.99 Thursday's Volume: 76,000 Three-Month Average Volume: 158,130 From a technical perspective, TTHI ripped higher here right off its 50-day moving average of $4.04 with lighter-than-average volume. This stock has been trending sideways inside of a consolidation pattern for the last month and change, with shares moving between $3.93 on the downside and $4.53 on the upside. This pattern has started to coil into a tighter range over the last few weeks, which often signals that a stock is ready to see a sharp move if that range is taken out. Shares of TTHI are now starting to move within range of triggering a major breakout trade above the upper-end of its recent sideways trading chart pattern. That trade will hit if TTHI manages to take out some key overhead resistance levels at $4.31 to $4.53 with high volume. Traders should now look for long-biased trades in TTHI as long as it's trending above support at $3.93 and then once it sustains a move or close above those breakout levels with volume that hits near or above 158,130 shares. If that breakout hits soon, then TTHI will set up to re-test or possibly take out its 52-week high at $4.99. Any high-volume move above $4.99 will then give TTHI a chance to tag $6 or $7. To see more stocks that are making notable moves higher today, check out the Stocks Under $10 Moving Higher portfolio on Stockpickr. -- Written by Roberto Pedone in Delafield, Wis. RELATED LINKS: >>5 Stocks Under $10 Set to Soar >>Beat the S&P With These 5 Shareholder Yield Champs >>5 Stocks Rising on Unusual Volume Follow Stockpickr on Twitter and become a fan on Facebook.

At the time of publication, author had no positions in stocks mentioned. Roberto Pedone, based out of Delafield, Wis., is an independent trader who focuses on technical analysis for small- and large-cap stocks, options, futures, commodities and currencies. Roberto studied international business at the Milwaukee School of Engineering, and he spent a year overseas studying business in Lubeck, Germany. His work has appeared on financial outlets including CNBC.com and Forbes.com. You can follow Pedone on Twitter at www.twitter.com/zerosum24 or @zerosum24.