Jeff Bishop – Raging Bull https://ragingbull.com Mon, 21 Mar 2022 21:07:00 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.4 https://ragingbull.com/wp-content/uploads/2019/08/favicon.png Jeff Bishop – Raging Bull https://ragingbull.com 32 32 158338491 Raging Bull Fends Off FTC Blindside https://ragingbull.com/jeff-bishop/raging-bull-fends-off-ftc-blindside/ https://ragingbull.com/jeff-bishop/raging-bull-fends-off-ftc-blindside/#comments Mon, 21 Mar 2022 20:42:16 +0000 https://ragingbull.com/?p=101457 March 21, 2022 

What Raging Bull customers need to know about the FTC’s misdirected case and its mischaracterization of the FTC settlement. 

In an unprecedented action, the stock education firm, Raging Bull, successfully fought back against the Federal Trade Commission (FTC) in its misguided efforts to destroy the company. In the words of the presiding judge, the FTC’s actions “put handcuffs behind Raging Bull’s back and allowed [the] FTC to step on their throat for two years” (Preliminary Injunction Hearing, p. 23, March 19, 2021).  Especially noteworthy, the FTC’s case relied wholly on a purported expert who did not understand trading and grossly misstated the trading performance of the company’s top educators, and, without any data on Raging Bull’s consumer demographics, painted the company as targeting vulnerable individuals, including immigrants and retirees. This was never substantiated, although the FTC still states that as fact despite having to backtrack on that allegation before the Court. 

After the Preliminary Injunction Hearing (March 19, 2021) the FTC’s request for a Preliminary Injunction (which, had it been granted, would have resulted in a total shutdown of Raging Bull) was denied by the Court. At that point, Raging Bull faced a fundamental question — whether to continue fighting the FTC’s efforts to vindicate its preliminary loss, with the FTC’s unlimited government litigation funds, or to instead direct its efforts and resources to continuing to serve its loyal customers by settling the FTC’s meritless complaint. Raging Bull chose the latter, resulting in a negotiated settlement — without any admission of liability — for about 2% of the amount that the FTC had first sought. Not a victory for the FTC — despite the FTC’s March 8th, 2022, press release — but, in effect, a total vindication for Raging Bull. 

We invite you to see below for a summary of the main points of this case and how the events of the 15-month process unfolded for us:  

  • The FTC case against Raging Bull was brought with no — ZERO — pre-complaint inquiry or investigation directed at Raging Bull. The first moment Raging Bull knew about the FTC lawsuit was when the FTC made their “emergency” filing in court on December 7, 2020. And the Court acted initially the very next day — in an action that the Court later reversed — without giving Raging Bull ANY opportunity to address either the law or facts alleged by the FTC. 
  • Raging Bull over the years had in place advertising and marketing practices that conformed with what dozens of its competitors were — and in many cases still are — doing. The suit that the FTC filed against Raging Bull had less to do with Raging Bull’s individual practices and more to do with the FTC trying to “send a message” to the marketplace. 
  • In the face of the FTC’s unfounded suit, Raging Bull chose to fight — rather than accede to the FTC’s misdirected enforcement. Raging Bull rebutted every core allegation made by the FTC in its lawsuit with documents and other evidence, including company testimony, of the type the FTC never even asked for before it unleashed its “shoot first … and ask questions later” lawsuit against Raging Bull. The FTC’s core allegations were also rebutted fully by industry and academic experts, costing Raging Bull many hundreds of thousands of dollars in litigation expenses, to substantiate the fundamental point that Raging Bull had not conducted itself in a deceptive manner nor harmed its customers. 
  • Once Raging Bull got its day in court, Judge George Russell III, the presiding federal district court judge, after careful consideration of all of the relevant facts, took the near-unprecedented action of denying the FTC the preliminary relief that the FTC had sought — preliminary relief that otherwise would have, in effect, forced Raging Bull to shut down its operations. Instead, the court required Raging Bull to operate under a detailed business plan and the careful oversight of a court-appointed compliance monitor, in addition to requiring Raging Bull’s principals to put up significant personal funds to re-capitalize the operations of Raging Bull. 
  • Approximately a month after Judge Russell III denied the FTC’s motion for preliminary relief, the U.S. Supreme Court rejected in a unanimous decision the core legal basis of the FTC’s lawsuit against Raging Bull — section 13b of the FTC Act — under which the FTC tried to put Raging Bull out of business through an asset freeze and receivership. Although much damage to Raging Bull by the FTC was already done by that point, that decision had the further effect of validating Raging Bull and its principals in the rightness of their cause against the FTC. As a result of Judge Russell’s decision denying the FTC the preliminary relief it sought, Raging Bull resumed its operations over the past year. During that time, Raging Bull has operated in full compliance with both the law as well as the conditions that the court outlined in its March 2021 order rejecting the FTC’s request for preliminary relief.
  • Since then, Raging Bull has faced a fundamental question — whether to continue fighting the FTC’s efforts to vindicate its preliminary loss, with the FTC’s unlimited government litigation funds, or to move on through some sort of settlement of the FTC’s complaint and to instead direct its efforts and resources to continuing to serve its loyal customers. Raging Bull chose the latter, and those discussions eventually resulted in a negotiated settlement — without any admission of liability — on a theory of liability mostly unrelated to the FTC’s core allegations for a fraction (about 2%) of the amount that the FTC had first sought in its misguided suit. By no means is it a victory for the FTC but, reading between the lines, it is a total vindication for Raging Bull in terms of the baseless allegations the FTC had made in its lawsuit against Raging Bull. 

Thank you for taking the time to read and understand our story.  Raging Bull is committed to rebuilding its business and regaining the trust that was lost as a result of the FTC’s misguided case. Raging Bull thanks its thousands of loyal customers who stood by us during this fight, as well as our loyal employees, local communities, and legal team at Greenberg Traurig who took the time to successfully advocate for us in this litigation.

For media inquiries, please contact melissa@ragingbull.com.

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The Trump Effect on DWAC https://ragingbull.com/daily-setup/the-trump-effect-on-dwac/ https://ragingbull.com/daily-setup/the-trump-effect-on-dwac/#comments Fri, 22 Oct 2021 20:41:44 +0000 https://ragingbull.com/?p=95003

 




October 22, 2021

The Trump Effect on DWAC

Good morning traders,

Welcome back to The Daily Setup. Markets were mostly up yesterday, minus the Dow edging out a 6 point loss. Here’s what’s on the docket today:

  • A new SPAC gains 356% during trading thanks to former President Donny Deals
  • The Fed bans stock trading by its senior officials 
  • WeWork is public again

So let’s BS around the water cooler, send a few emails, and ride into the weekend. 

See ya next week,

Jeff

 

Chart of the Day – HP

 

Shares of Hewlett Packard (HPQ) gained 6.89% Thursday following the company’s announcement of an increased dividend and bullish outlook for fiscal 2022. The annual dividend was raised 28% from $0.78/share to $1/share. But more on this later…

HP and the Fed

BIGGEST MOVER

Make SPACs Great Again

The stock of Digital World Acquisition Corp. (DWAC) was up super mega bigly on Thursday. DWAC was up more than 350% on the day after news broke that it would be the vehicle that former President Donald Trump would bring his social media platform TRUTH to market with. Shares of DWAC closed at $45.50, but hit an intraday high of $52 and were halted several times due to massive volume.

  • President Trump announced he will be rolling out TRUTH, a platform to compete with Twitter and “stand up to the tyranny of big tech”.
  • Over 470M shares of DWAC traded on Thursday and the company was the most traded name on the NYSE and Nasdaq consolidated tape.
  • The biggest question about the announcement is why the ticker symbol was not changed to MAGA? 

A press release stated that the TRUTH app is currently available for pre-order in the Apple App Store and a beta version of the platform should roll out in November. An immediate catalyst for user growth should be the flood of blue check Big J journalists signing up for the service to parse through every TRUTH President Trump sends out with a fine-toothed comb. Here’s an inside peak at how much in earnings the company is projecting by EOY.

 

Today was a good day 

-Ice Cube and HP shareholders

 

Now, as we promised. Back to HP earnings. CEO Enrique Lores and CFO Marie Myers held the company’s virtual analyst day, the company’s first since 2019. As with all virtual events, I’m assuming pants were optional. Hopefully there were no Jeffrey Toobin moments.

  • Adjusted non-GAAP profits are now expected in the $4.07-$4.27/share range for fiscal 2021 which is sharply higher than Wall Street’s consensus estimate of $3.78/share.
  • Due to the increased need for PCs for remote schooling *parents experiencing PTSD hearing that term* and remote work, HP’s stock rallied throughout much of the pandemic.
  • Myers stated that the “company now has $4.5B in free cash flow according to GAAP (the accounting principles, not the clothing store) and expects to return 100% or more of it to shareholders in the form of buybacks or dividends over time…unless the company sees higher return investment opportunities.” 
  • Lores said that the company is better positioned than its pre-pandemic status.
  • Fun fact: HP has exceeded $2B in annualized revenue from gaming PCs and related peripherals. I had no idea nerds playing Fortnite in their mom’s basement spent that much money.

HP’s stock is down 15% from its May 10th peak of $36 but is up 16% from its most recent low of $26.11 put in on October 13th. This puts the stock smack in the middle of its trading range for that time period. This may lead to range-bound trading in the near term as bulls and bears battle it out to gain perspective on future price movement. 

 

Fed Outlaws Fun

Joe Bastianich Cooking GIF by Masterchef - Find & Share on GIPHY

The Fed announced on Thursday that they’ll ban their senior officials from owning individual stocks or bonds, limiting them to the gray, joyless arena of mutual funds, which they’ll have to hold for at least a year. Additionally, whenever they want to buy or sell the securities that aren’t off-limits, they’ll need to notify the Fed 45 days in advance.

  • These new restrictions come on the heels of last month’s scandal, when presidents of two regional Fed branches stepped down after the public learned that they had invested in large companies before the central bank bought trillions of dollars of asset purchases that included bonds from those same companies.
  • The goal of these new restrictions, aside from saving face, is to resolve the conflict of interest created by allowing Fed officials to make personal investment decisions based on insider knowledge of how Fed policy will drive stock movement. 

The Fed could begin tapering these problematic asset purchases as soon as November. The result would (hopefully) be the mitigation of inflation, which could mean you wouldn’t have to spend a lot of your life savings on everyday expenses. In all seriousness, early tapering would make hedges against inflation less urgently necessary.

The Maverick Makes the Brand

Buy the Rumor

Sexy Top Gun GIF by Pit Viper - Find & Share on GIPHY

Ford has announced that the 2022 hybrid model of the Maverick, their new tiny wittle pickup truck, will probably sell out by November. After that, customers won’t be able to order a Maverick until next summer. The gas-guzzling, nonhybrid model hasn’t exactly flown off the shelves, but maybe that’s because a tank of gas costs way more than it did a year ago.

  • The cheapest hybrid model clocks around a $20k price tag–“ less than half the cost of a Tesla model 3.
  • The EPA reported that the Maverick gets 42 mpg in the city and 33 on the highway for a total fuel economy of 37 mpg, making it the most efficient pickup truck in the country. That’s not quite as good as a Prius, but driving a Maverick won’t make your balls disappear, so it’s a fair trade. 

Ford’s stock is already surging. Shares closed on Wednesday at $16.04 —their highest point in 6 years and many (including Credit Suisse) believe that the upward momentum will continue given Ford’s impressive entry into the EV market. Considering the promising demand for EVs and the economic health of some of the companies providing their raw materials, it’s possible that Ford’s looking at a sustained period of growth.

Everyone’s Favorites: Mortgage and Jobless Claims

Other News

Hello Neumann

Two years after an IPO attempt that was as successful as Notre Dame in the College Football Playoff, WeWork finally went public on Thursday via SPAC. Shares of WeWork (WE) were up more than 13% on the day because apparently people never learn. Remember, this was the company that hemorrhaged cash and whose founder and former CEO, Adam Neumann, turned out to be a gigantic slimeball.

  • The newly public WE was recently valued at $9B, much less than the 2019 SoftBank Group valuation of $47B.
  • WeWork basically signs long term leases with building owners and then enters short term subleases with tenants.
  • Adam Neumann trademarked the word “we” then tried to transfer it to the company for a fee of $6M. This paragon of virtue and ethics walked away from the dumpster fire he created with a reported $1.7B package because life truly is not fair.

 

Internal controls will be something to watch anytime the company releases a public filing, given its history of financial mismanagement and questionable practices. The team at SoftBank is currently in control of the company and something tells me this stock will be one to keep an eye on, either for trading or entertainment purposes.

 

How low can you go? 

Weekly jobless claims, everyone’s favorite and rarely accurate labor market statistic, fell to its lowest level since the beginning of the pandemic in March of 2020. 

  • Initial claims for state unemployment benefits fell 6k to a seasonally adjusted level of 290k for the week ending on October 16th.
  • Claims data in the range of 250k-300k is seen as a sign of a healthy labor market. 
  • Jobless claims, which are used as a proxy for layoffs, are well below the most recent peak of 424k in mid-July, but still above 2019’s weekly average of 218k.
  • Labor market shortages still persist, yet economists are optimistic that this will ease as the pandemic continues to lessen, schools reopen, and unemployment benefits expire in the coming weeks. 

Nothing Gold Can Stay (Below 3%)

This week, mortgage rates crept from 3.05% up to 3.09%, the highest since April. That number is still very low, though, making this the best autumn for buying a house in 15 years. Unless you’re a first-timer, that is, in which case you’re f*cked.

  • A historic drop in mortgage interest rates below 3% in August drove home sales up 7% in September to a seasonally-adjusted annual rate of 6.29M, beating estimates.
  • Aside from mortgage rates and remote work, covid-era savings have driven more buyers to the housing market, but a shortage of materials and labor has ground construction of new homes to a halt, driving up housing prices.
  • The median price of an existing home sold in September 2021 was $352k, which is 13.3% higher than September 2020’s price.


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