Kit Menkin's Leasing News

                   www.leasingnews.org   Monday, August 12, 2002

  Accurate, fair and unbiased news for the equipment Leasing Industry

( posted daily at www.leasingnews.org and sent by e-mail by subscription

     with the Day in American History signature .)

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Headlines---

 

The Week Ahead

 Sales Tax on "Doc Fees" and " Discounting Lease"

  FDIC subpoena of the lobbying activities of the Patton Boggs LLP law firm

    Monday---Odds and Ends

     Housing prices may indicate bubble

      Stock Market Scares Consumers from Seeking More Credit

        News Briefs---plus

          Baseball players to set strike this afternoon?

              Redesigned football helmets tackle concussions, comfort

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The Week Ahead Aug. 12-16, 2002

 

August 12 Monday

 

International Monetary Fund opens three-day seminar on  globalization at its headquarters, including sessions on income inequality and capital flows.

 

American Bar Association annual meeting continues through Tuesday at Marriott Wardman Park.

 

August 13 Tuesday

 

President Bush hosts economic forum at Baylor University, Waco, Tex. Participants include Vice President Cheney and Cabinet members, along with business and labor leaders friendly to the White House.

 

The Federal Reserve's Open Market Committee meets in Washington to set short-term interest rates.

 

Interpublic Group, J.C. Penney, Tiffany and Wal-Mart issue quarterly financial reports.

 

Economic indicators: July retail sales

 

August 14 Wednesday

 

Deadline set by the Securities and Exchange Commission for chief

executive and chief financial officers of many large corporations to personally certify the accuracy of last year's financial reports.

 

Financial Accounting Standards Board meets in Norwalk, Conn., to consider accounting treatment of stock options.

 

ImClone Systems and Nordstrom issue quarterly reports.

 

Inventory-Sales Ratio: June

 

August 15 Thursday

 

Dell Computer, Gap, Kohl's and Liberty Media issue quarterly reports.

 

Federal Reserve releases minutes of June 26 Federal Open Market

Committee meeting.

 

( Concern the Federal Reserve will say on Tuesday that slowing growth is the biggest threat to the economy, suggesting the rebound in corporate profits will falter. )

 

Economic indicators: July industrial production

 

July Weekly Jobless Claims

 

August 16 Friday

 

Economic indicators: July consumer price index.

 

Housing Construction: July

 

 

Sales Tax on “Doc Fees” and “ Discounting Lease”

 

Bette Kerhoulas bettek@pacifica-capital.com informed Leasing News

her company is one of six that the California Franchise Tax Board audited.

When title is passed to another, the Franchise Tax Board is determining

this to be a “sale.”

 

Bette says the tax board is now determining that all discounting to a funding

source is a sale if “title is passed.”  In many master documents, the funder takes

title. The Franchise Tax Board is ruling that all these transaction are subject to

tax, and are going back three years with a penalty of ten percent per year on

the taxes not paid.

 

In addition, Bette says the tax board is claiming that because “document fees” were included, they were part of the sale and there is sales/use tax on this

charge, going back ten years with a 10% penalty fee for each year the alleged

tax is not paid.

 

Bette states the Franchise Tax Board plans to audit all leasing companies in California to see if they are compiling with the law.

 

If the tax is being charged monthly, evidently there is compliance.

 

The Equipment Leasing Association has a group headed by Dennis Brown that

has been following the streamline sales tax laws to be uniformly adopted by

the states.    Perhaps other states will view the California action as a precedent

for their state.  It is not secret, all government entities are looking for “extra

money.”

 

 

Readers interested in learning more may want to attend this special meeting

in Los Angeles being sponsored by  United Association of Equipment Leasing:

 

August 20,2002

 

 

United Association of Equipment Leasing

Los Angeles Region

Sales and Use Tax Issues in Equipment Leasing

 

  Sales Tax on Documentation fees?

 

  Radisson Hotel—Los Angeles West Side

616 West Centinela Avenue

Culver City, Ca. 950230

 

310-659-1776

 

 

Time: 2:00pm –2:30pm  Registration & Networking

          2:30pm—5:00pm  Program

 

 

Speakers: Sylvia Le, Senior Tax Auditor

 

                 Eileen Smith, Senior Tax Auditor

 

                 (Both speakers are from the Board of Equalization )

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FDIC subpoena of the lobbying activities of the Patton Boggs LLP law firm on behalf of Texas businessman  Charles Hurwitz.

 

By James V. Grimaldi

 

 

Washington Post Staff Writer

 

K. Street beware. A federal judge has issued a ruling that should give pause to every lobbyist, the lawmakers they lobby and especially their clients.

 

U.S. District Judge Thomas Penfield Jackson, who oversaw the Microsoft Corp. antitrust trial, has given the go-ahead for a subpoena of the lobbying activities of the Patton Boggs LLP law firm on behalf of Texas businessman  Charles Hurwitz.

 

The ruling last month was made at the request of the Federal Deposit Insurance Corp. and marks another nasty turn in the particularly bitter litigation pending against Hurwitz in which the FDIC is seeking $250 million recompense for his role in the $1.6 billion failure of United Financial Savings & Loan Houston in 1988. The FDIC wants the subpoena so it can disprove Hurwitz's claim, pushed by Patton Boggs lobbyists with members of Congress, that the agency had a vendetta against him.

 

Patton Boggs lawyers attempted to rebuff the subpoena, citing among other things attorney-client privilege. But Jackson enforced the subpoena, limiting the file search to communications with federal agencies or departments, members of Congress, brokerage houses, consultants and public relations firms.

 

The ruling echoes that of U.S. District Judge Denny Chin in Manhattan, who granted the subpoena of federal prosecutors seeking communications of lawyers lobbying for the presidential pardon of fugitive financier Marc Rich.

 

"The Marc Rich Lawyers were acting principally as lobbyists," Chin wrote last year. "They were not acting as lawyers or providing legal advice in the traditional sense."

 

Though many of their K Street colleagues wanted Rich's attorneys to appeal, they did not. Among those forced to hand over communications were Jack Quinn of the Quinn Gillespie & Associates LLP lobbying firm, Kathleen A. Behan of Arnold & Porter, G. Michael Green of Dickstein Shapiro Morin & Oshinsky LLP, and Robert F. Fink of Piper Rudnick LLP. Rich attorney Lewis "Scooter" Libby, formerly of the Dechert firm and now Vice President Cheney's chief of staff, escaped that subpoena.

 

In the Hurwitz matter, the FDIC, a regulator and federal insurer of the nation's bank deposits, said it sought the subpoena of Patton Boggs materials to rebut assertions by Hurwitz that the FDIC sued him so the government could get its hands on a treasured California redwood forest. He claims the agency is conspiring with the Interior Department and environmentalists to extort him into giving up the forest.

 

Hurwitz has increased logging on 196,000 acres of land he owns in the Headwaters Forest. Congress in 1997, in a bid to keep Hurwitz from stepping up logging and at the behest of the Clinton administration, passed a weird authorization to purchase about 7,500 acres of Hurwitz's forest -- and allowed the government to accept more acreage as a settlement of claims brought by the FDIC and the Office of Thrift Supervision, which has a separate action pending against Hurwitz.

 

But FDIC lawyers said it never wanted the forest. It wants cash from the Texas businessman as compensation for the loss to the taxpayers when the Houston savings and loan failed. Officials there scoff at the idea that the bank regulator is in cahoots with environmentalists to grab Hurwitz's trees.

 

FDIC Deputy General Counsel Jack Smith told Jackson at a hearing that the subpoena "is designed to show that the charges that have been trotted around this town for the last six years by Patton Boggs and by Charles Hurwitz are totally untrue."

 

"Not a single offer for redwoods came from the FDIC," Smith continued, "yet somehow Patton Boggs and Charles Hurwitz have managed to convince some congressmen and a lot of people who write for the press about the idea that that FDIC is the one who has been trying to get their redwoods and steal them."

 

Patton Boggs lawyer Mitchell R. Berger argued that the FDIC sought the subpoena in retaliation after it lost attempts to quash a deposition of FDIC General Counsel William F. Kroener. Patton Boggs also argued that the request failed to meet a legal test to overcome attorney-client privilege.

 

Berger called the subpoena a "cathartic exercise" because "they feel like they have been beat up in Congress, that they have been subject to charges that they don't like."

 

But Smith said Thomas Hale Boggs Jr., name partner of the firm, was not Hurwitz's attorney but his lobbyist: "You can almost take judicial notice that Tommy Boggs is not a litigator. He is the most prominent lobbyist in America right now."

 

Jackson sided with the FDIC, giving Patton Boggs until Sept. 1 to allow a Texas judge to review whether the subpoena is relevant. Turning to Berger, Jackson said he would be inclined to agree with him "if you were, in fact, defense counsel" but added: "You are not. You provided services of a different nature."

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Monday---Odds and Ends

 

How are you?  I saw the rankings of leasing newsletters, that included

Business Leasing News.  It was nice to be included.  Can you describe what

the ranking numbers mean, and provide the full cite on the Lexa people, so I

can look at their background, etc.  You will be seeing the August issue of

BLN next week, which has some good new stuff.  All the best!

 

 

     David

 

  David G. Mayer

  Patton Boggs LLP

  2001 Ross Avenue

  Suite 3000

  Dallas, Texas 75201

  Tel:  (214) 758-1545

  Fax: (214) 758-1550

  Author of: Business Leasing For Dummies

  Publisher of: Business Leasing News

 

---

 

I just read today's news and was surprised to see how quickly you were able

to test out the suggestion that I had made.  I'm glad that you and the

advisory board like the results.  I just tried it out on the web and it's

exactly what I was referring to.  I'm sure that many of your readers will

enjoy this great new feature.

 

Thanks again,

 

Jason

 

P.S.  Your offer to send me a bottle of wine is very appreciated, but not

necessary.  I should be sending you one!

 

--- 

 

 

It looks great and is much easier to read.  However, I will still read the

e-mail version to get this day in history.

 

Bruce Kropschot

 

Kropschot Financial Services

116 Estuary Drive

Vero Beach, FL 32963 Great! Terrific! Love it!

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Did I mention that I like the new format?

 

Bob Teichman, CLP

Teichman Financial Training

3030 Bridgeway, Suite 213

Sausalito, CA 94965

Tel: 415-331-6445

Fax: 415-331-6451

e-mail: BoTei@aol.com

 

"Providing education and training to the equipment leasing and financing

industry."

 

(772) 234-4544

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Kit,

  The new format is fantastic. I think it is easier to read

and much easier to navigate. Congratulations!

                                                                   Bob Baker CLP

 

--------------------

This is beautiful.   Much easier to read.

 

Andrew Thorn

athorn@nowlease.com

 

--

          I am not in the leasing industry, but I have been reading your

newsletter because of a problem my wife's medical practice has been having with RW Professional Leasing and AMEX.  You have provided me with the only source of information on RW Professional Leasing and its relationship with

American Express.  American Express has been pressuring our small medical

practice to pay back the entire amount on a lease that was set up by RW

Professional Leasing 2 years ago.  We were asked to pay nearly 80%

interest on a 150K loan after 2 years.  We were ignored by AMEX each time

we asked question about the validity of these claims.

 

After learning about RW Leasing from your newsletter we contacted AMEX

executives and informed them of this problem (we mention RW Professional

Leasing after the arrest were made in June).  AMEX's tuned changed

suddenly.   AMEX contacted us immediately and now appears to be very

willing to re write the contract to reflect its true value.  I hope this

works out for us.

 

I just wanted to drop you a line a thank you for publishing your

newsletter on the leasing industry.

 

Thank you very much.

 

Karl Barham

Karl_Barham@bus.emory.edu

 

 ------------------------

 

 Kit, with a great deal of appreciation for your Leasing News positions

wanted, Emily Fitzgerald  contacted me and placed me as Vice President, Middle Market, at IFC Credit.  My focus is  transactions in the $200K + market.  We do pay broker fees.

 

 Let's grab another cup of coffee soon.

 

 Thanks,

 

 Jim

 

 James F. Murray

 Vice President

 IFC Credit Corporation

 650.357.1975

 www.ifccredit.com

jamesmurray6@attbi.com

 

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Jeffrey Taylor’s Latest Newsletter

 

 (Jeff talks about criticism he received regarding his opinion on the

Pawnee-Egan-Naelb endorsed video sales training, at the request

of Leasing News---two other trainers gave a similar opinion, but

Jeff appears to be singled out, as he was more incensive: )

 

http://www.leasingnews.org/articles.doc/LeaseAccounting2.htm

 

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Housing prices may indicate bubble

 

Contra Costa Newspaper Columnist

Tapan Munroe

 

(...home prices are a lagging economic indicator. In other words, they come down months after other measures of the economy such as employment and output because people hold on to their property and reluctantly lower prices eventually.)

 

Despite the sinking stock market and an anemic economic recovery, the strength of the real estate market has been astonishing. According to the National Association of Realtors, U.S. home prices increased by more than 10 percent between June 2001 and June 2002. Do these numbers portend the makings of a real estate bubble?

 

According to John Burns, a real estate consultant out of Southern California, several of the major U.S. metropolitan areas have overheated housing markets. These include Boston, San Diego, Fort Lauderdale, San Francisco, Miami, Denver, San Jose, Orange County, Charleston, S.C., and New York City. Burns' analysis is based on a measure he calls a "housing cycle barometer" for each of the metro areas. This measure of affordability is based on data that include down payments, mortgage payments, personal income and housing prices. Based on this indicator, Boston is the least-affordable market in the United States, and San Francisco ranks fourth in terms of lack of affordability.

 

But lack of affordability alone does not imply that we have a housing bubble. Lack of affordability can be a result of not building enough housing in a region. For a market to attain the bubble status, we need to look at additional criteria. According to Economy.com, the symptoms of a housing bubble in a region would include the following:

 

• Home prices increase at double-digit rates for more than two years in a row (rapid housing inflation).

 

• As soon as homes hit the market, they are sold in a matter of hours (expectation of rising prices).

 

• Home price increases consistently outpace income growth (sustained decline in affordability).

 

To this list, I would add two additional symptoms:

 

• Prices are rising because of speculative reasons (buying and selling to make a fast buck)

 

• Home prices become so much higher relative to rental rates that prices cannot be sustained (People opt to rent rather than buy).

 

In many of the markets cited above, there have been periods in which home prices have increased annually at double-digit rates at least for a year or two. Home prices have also increased at rates faster than income increases in these markets. There have also been periods in places like Silicon Valley when million-dollar homes have been sold in a matter of hours during the heyday of the dot- com era. Without a doubt, many metro areas, particularly those with a high-tech base, have a housing bubble.

 

But a bubble only becomes a problem if it explodes and there is a collapse in the market. A crash in home prices similar to the stock market crash of 2001-2002 can be catastrophic for the economy as well as individual net worth.

 

So far we have not seen this happen in any of the metro markets. What we are seeing nationally is that the bubble is beginning to deflate slowly. Home prices have been coming down in many metro areas, and in others price appreciation has softened appreciably. But it would be a mistake to think that all housing markets are cooling off. In the Bay Area, despite a lackluster economic recovery, real estate prices continue to rise as home buyers take advantage of some of the lowest mortgage rates in years. In the Bay Area, homes under the million-dollar range continue to sell briskly. There appears to be softening in prices for homes above the million-dollar range.

 

As far as the Bay Area is concerned, home prices will continue to increase at modest single-digit rates in the coming months barring a double-dip recession and further setbacks in the tech sector. The underlying reason is that the demand for housing in the Bay Area is always present, as not enough housing has been built in the past decade and people want to live here. An additional reason is the pent-up demand originating from thousands of families who have been priced out of the Bay Area housing market in the boom years of the late 1990s.

 

Looking ahead, we need to remember that home prices are a lagging economic indicator. In other words, they come down months after other measures of the economy such as employment and output because people hold on to their property and reluctantly lower prices eventually. This is particularly true now because the memory of a red-hot housing market will continue to linger for quite some time before reality sets in and people lower prices. Thus, we will see softening in real estate prices in the coming months.

 

There is little doubt that many metro real-estate markets have low affordability, including the Bay Area. In addition, Bay Area home prices have sky- rocketed in the 1997-2000 period. So the real question is whether the price bulge is sustainable. As far as the Bay Area is concerned, the answer is yes as long the economy gets back on track and job creation resumes soon. But we will continue to be a "housing-impaired" region over the long haul. That will continue to adversely affect the region's economic vitality.

 

A gradual slowdown in the rate of home-price increases for regions such as the Bay Area is probably the best scenario for relieving the pressure inherent in the current housing bubble. This will avert serious economic consequences associated with a real-estate crash. The solution to our complex housing situation is increasing the supply of housing in a variety of price ranges as well as densities in the region. This is an old mantra, but I think that it is the only real option we have.

 

Tapan Munroe is president of Munroe Consulting Inc. of Moraga. His column runs the first and third Sunday of every month. His e-mail is tapan@tapanmunroe.com.

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Nearly Half of Americans Planning to Cut Their Use of Debt Because of Stock Market Plunge, According to the Cambridge Consumer Credit Index

 

(Newstream) -- Almost half of all Americans (43%) are less willing to incur more credit card debt because of heavy losses in the value of their stock portfolios, while 57% claim not to be affected by recent market declines, according to the results of a nationwide survey by the Cambridge Consumer Credit Index. The highest-income Americans, earning over $75,000 a year in income, have been even more affected by plunging stock prices, with 47% saying they will cut back on their use of credit. These findings are the result of monthly nationwide telephone poll of 1000+ adults conducted by ICR/International Communications Research in the past week, sponsored by The Debt Relief Clearinghouse.

 

"Economists continue to ask if the consumer is going to stop spending because of the declines in the stock market. Now we have the answer: nearly half of Americans do plan to sharply reduce their use of credit because they have suffered such enormous losses in their portfolios in recent months. This cutback in credit use will be even more pronounced among higher-income consumers who are the main drivers of the consumer economy because their portfolios have suffered the most." says Jordan Goodman, spokesperson for the Index.

 

In the month of August, the Index dropped by 7 points from July levels, meaning that more Americans are reducing and are planning to reduce their debt burdens. This plunge-the largest on record since the Index was launched in December 2001-- reverses a 12 point surge in June and July.

 

The Cambridge Consumer Credit Index is a forward looking economic indicator gauging consumer spending and debt. It is released on the fifth business day of every month to coincide with the Federal Reserve Board's G19 release of consumer credit outstanding data. In conjunction with the Index, the Cambridge Credit Counseling Corporation is releasing its monthly survey of people who have called it for credit counseling services over the past month. Cambridge representatives ask callers for the primary reason that they found it necessary to get help with their debts now. Of the 1586 people who answered, this was the order of their responses:

 

1.I am frustrated with high bank rates and fees (28%)

2. My income has been reduced from a lower salary, less overtime or layoff (23%)

3. I want to improve my ability to achieve future financial goals like buying a house or saving for retirement (15%)

4. I got into too much debt by overspending (12%)

5. My lack of financial education caused me to take on too much debt (11%)

6.Other reasons (4%)

7.Large medical expenses forced me to take on huge debts (4%)

8. My recent divorce or widowhood forced me to take on large debts (3%)

For more information on the survey see www.cambridgeconsumerindex.com/camsurvey.asp

The Cambridge Consumer Credit index number is composite of these three questions:

 

1. In the past month, have you taken on more debt or paid off debt?

 

2. The Index reads 66 on this question, a drop of 6 points from July.

In August, 33% of Americans say they have taken on more debt, with 22% taking on a little and 11% taking on a lot more debt. Conversely, 67% of Americans have paid off debt, with 44% paying off a little and 23% paying off a lot. In July 36% of consumers had taken on more debt while 64% had paid off debt, indicating that the number of Americans taking on debt is falling.

 

2. In the next month, do you anticipate taking on more debt or paying off debt?

 

The Index reads 40 on this question, down by two points from July.

 

In August, 20% plan to take on more debt, with 5% planning to take on a lot and 15% planning to take on a little debt. Conversely, 80% plan to pay off debt, with 60% paying off a little and 20% paying off a lot. In July 21% planned to take on debt and 79% planned to pay off debt.

 

3. In the next six months, do you expect to take on debt because you are thinking of making a major purchase such as a car, education, appliance, medical procedure, furniture or carpeting?

 

The Index reads 62 on this question, a drop of 12 points from July, the biggest one-month drop in the history of the index.

 

In August, 31% of Americans plan to take on more debt to make such purchases, with 9% taking on a lot of debt and 22% taking on a little more debt. In contrast, 69% of Americans plan to pay off debt in the next six months, with 48% expecting to pay off a little and 21% expecting to pay off a lot. In July 37% of Americans planned to take on more debt, while 63% planned to pay off debt.

 

The Reality Gap-which is the difference between what consumers say they will do in the next month and what they actually do, narrowed sharply from 17 to 11 percentage points. In July 80% of consumers said they planned to pay off debt in the next month, while 69% actually said they did so a month later. A month earlier, 81% of Americans planned to pay off debt but only 64% actually did.

 

"Consumers are clearly concerned by the current economic and stock market environment, and are taking action to cut their debts and curtail their spending in response," says Jordan Goodman, spokesperson for the Index.

 

For more information about the Cambridge Consumer Credit Index, contact Media Relations Representative Paramjit Mahli at pmahli@cambridgecredit.org or 800-804-0575, or economist Allen Grommet, who provides an economic analysis of Index results, at agrommet@cambridgecredit.org or 800-804-0575, or the Index website at www.cambridgeconsumerindex.com. Consumers wishing to find out more about Debt Relief Clearinghouse referral services should call 1-888-4DEBTHELP or visit www.debtreliefonline.com.

 

 

News Briefs---

 

US Airways files for Chapter 11 bankruptcy

ALEXANDRIA, Va. (AP) US Airways, hard hit by slumping travel following the Sept. 11 terrorist attacks, filed for Chapter 11 bankruptcy Sunday the first major carrier to declare bankruptcy since the attacks put the industry in a tailspin.

 

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Tourism industry to push for national marketing corporation

ORLANDO, Fla. (AP) Tourism industry leaders plan to ask for a national organization to sell the United States as a destination to international travelers.

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Major League Baseball players likely to set strike this afternoon.

 

By Ronald Blum, Associated Press

 

NEW YORK (AP) Some of the nastiest pitches in baseball this year are being hurled across Manhattan conference rooms, where owners are demanding economic changes that could spark the game's ninth work stoppage since 1972.

 

It could mean no World Series for the second time in eight years.

 

Players are likely to set a strike date when their executive board meets Monday, possibly leading to a walkout in late August or early September. The key stumbling block appears to be management's demand to slow escalating player salaries a luxury tax on teams with high payrolls.

 

''Eventually, it all has to be tied together,'' said Atlanta pitcher Tom Glavine, the National League player representative. ''There's caution on our side because obviously the big issues revenue sharing and luxury tax are out there.''

 

Finding a way to slow salaries has been a perennial management goal. Players, however, would like keep things the way they are. Since 1976, the last season before free agency, the average salary has jumped from $51,500 to $2.38 million, a 46-fold increase.

 

Commissioner Bud Selig said it has reached the point where only the richest teams can compete. He thinks revenue-sharing taking from the biggest clubs and giving to the smaller ones, like his family-owned Milwaukee Brewers is the only way to restore competitive balance.

 

''The system is so, in my judgment, badly flawed, it's going to take a myriad of solutions,'' Selig said earlier this month.

 

One anti-revenue sharing owner who sticks up for big-market clubs is George Steinbrenner, whose New York Yankees' payroll is $135 million. Steinbrenner says profit-sharing should be used to raise payrolls, not help teams rack up profits.

 

There seemed to be some progress in negotiations the past week, with players ending their decades-old opposition to mandatory drug testing and agreeing to be tested for steroids starting next year.

 

Players also are amenable to increasing the amount of local revenue teams share. But they oppose the luxury tax, which could force high-spending clubs to trim tens of millions of dollars from payrolls.

 

The union doesn't want to leave itself open to a lockout, which would delay a confrontation until next spring, when owners have less money at stake. That's why a strike date probably will be set.

 

Monday's meeting in Chicago takes place on the eighth anniversary of the 232-day strike that led to the cancellation of the World Series for the first time since 1904.

 

But a big difference from 1994 is that both sides have had dozens of bargaining sessions in recent weeks and have narrowed their differences. Nine years ago, when owners demanded a fixed ceiling on salaries known as a cap, the first substantive talks didn't take place until three months after the walkout.

 

''There's good reason to be optimistic at this point,'' said former pitcher David Cone, a key member of the players' negotiating team during the last walkout. ''The framework's there for an agreement, unlike last time.''

 

The last strike wiped out the final 52 days and 669 games of the regular season and forced cancellation of the first 23 days and 252 games of the following season. It ended only after a federal judge issued an injunction restoring the terms of the former labor contract, ruling owners had illegally changed work rules.

 

-----------------------

 

Redesigned football helmets tackle concussions, comfort

 

By Dave Carpenter, Associated Press

 

CHICAGO (AP) The NFL's helmet maker of choice is looking to turn more heads, especially on campus, with a new model it claims could reduce the risk of concussions.

 

Like a preseason football team without a record, Riddell Sports' longer, extra-padded helmet doesn't yet have the on-the-field results to declare it a winner, or a safer helmet.

 

But its appearance in pro training camps and on some college and high school practice fields this summer signals the latest innovative play-calling in a hard-hitting market involving three helmet makers, competing to equip more than 2 million U.S. players.

 

Knocking heads to produce a safer, more comfortable helmet, manufacturers are giving teams, players and parents more choices and a slightly more streamlined look for a piece of equipment that hasn't changed much in the past two decades.

 

''One company pushes another one does something that's innovative and the other one adopts it,'' said Bill Jarvis, athletic equipment manager at Northwestern University, whose players test gear for Riddell and wear a variety of helmets.

 

Riddell's Revolution is the first football helmet to be marketed on the claim that it might be able to cut down on concussions a claim that has the Chicago company's competitors grumbling about hype and lack of evidence.

 

Its arrival comes on the heels of a new lighter-weight helmet from Adams USA Inc., which bought out the helmets of Bike Athletic Co. Adams says the lightness of its Elite series helmets might reduce the risk of certain injuries because players aren't as inclined to drop their heads when they get tired.

 

Both approaches may be right for different reasons and different injuries, according to helmet expert and industry consultant Dave Halstead. But he said neither is likely to lessen the most troubling risk in football catastrophic brain injury.

 

''I don't think there's a helmet out there that's somehow going to be the panacea,'' said Halstead, technical adviser to the National Operating Committee for Standards on Athletic Equipment and director of the Sports Biomechanics Impact Research Center at the University of Tennessee. ''What football helmets do today is keep you from getting killed.''

 

If Riddell is right, its design could also keep players from getting mild traumatic brain injuries, or concussions, as often a compelling claim in a sport that causes about 100,000 concussions a year, 40 percent of them at the high school level.

 

The Revolution is its response to research funded by the National Football League that found seven of 10 on-field concussions were caused by hits to the side of the head.

 

The helmet has more interior padding and a shell that extends forward to the jaw to increase the area of protection. The back protrudes to offer better padding. The facemasks have been redesigned and teardrop-shaped holes on the top provide more ventilation.

 

''I'm glad to see that they are making advancements because nobody has made a change in the helmet in 20-something years,'' NFL Players Union executive director Gene Upshaw told NFL.com.

 

Riddell said about 40,000 of the new helmets will be in use this fall, worn most visibly by as many as a quarter of NFL players and some players on all top college teams. But while the NFL may be its biggest showcase, with a majority of the 2,000 players wearing Riddells of one model or another, the $100 million-a-year company is looking to more lucrative playing fields: those of the nation's 15,000 high schools.

 

''The product we developed was really focused on getting to the masses,'' said Bill Sherman, president and chief executive of the company that makes 300,000 helmets annually and other gear. ''We want every player in the NFL wearing the Revolution helmet, but when we introduce a new product we have to look at our core market and that's a million high school players.''

 

The new helmets sell for about $150 at least $30 more than Riddell's standard model.

 

Garry McNab of Adams USA, the No. 3 helmet maker, says the warning label on Riddell's new helmet speaks louder than any sales pitch. It reads: ''No helmet can prevent serious head or neck injuries a player might receive while participating in football.''

 

''I can't say that one helmet's any better than the other, and I don't think anybody else can say that,'' said McNab, secretary-treasurer of the Cookeville, Tenn.-based company.

 

Riddell's closest rival, Litchfield, Ill.-based Schutt Sports, hasn't changed its basic helmet shape in 15 years, and president Julie Nimmons suggested her competitors' new looks might be a gimmick. Schutt recently released a new, lighter helmet, the Air Advantage, with slightly different features and is field-testing a prototype with more padding.

 

''Football is a game of very, very hard collisions, and I don't think there's a manufacturer out there that isn't concerned about what happens on the field,'' Nimmons said. ''However, there's only so much any of us can do'' about trying to minimize injuries.

 

On the Net:

 

http://www.riddell.com

 

http://www.schuttsports.com

 

http://www.adamsusa.com

 

 

 

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