Editor

Behind the News columnist

A native of Kentucky, Andrews has worked at Hoosier newspapers since graduating from Indiana University in 1987. He covered education at the Journal and Courier in Lafayette before joining IBJ in 1991. He later was a business reporter and the business editor of The Indianapolis Star. He’s been writing his Behind the News column for IBJ since rejoining the newspaper in 2000. Andrews and his wife, Kathleen, have a son in college and another living in Colorado. They live in the Nora area with their two dogs.

Articles

BEHIND THE NEWS: Founders’ voting clout riles Finish Line investor

You can understand the thinking. An entrepreneur takes his company public, gaining access to the capital markets. But he wants to keep control of the business. So he gives his own shares greater voting power. In short, he has the best of both worlds. That’s all great-except, critics say, it’s just not fair. Earlier this year, professional investors assailed Emmis Communications Corp. CEO Jeff Smulyan for his turbocharged shares. Those shares give him the clout to swat down any takeover…

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New Nordstrom an obstacle for fragile downtown mall

When Nordstrom in 1992 signed its lease to open in Circle Centre, mall developers extracted an unusual commitment. The Seattle company agreed not to open another Indianapolis-area store for at least five years. So when Nordstrom last month announced it will launch a second location here, in The Fashion Mall at Keystone, it caught the attention of Herman Renfro, a former Simon Property Group Inc. development executive who oversaw Circle Centre.

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BEHIND THE NEWS: For Conseco, tough loan tactics yielding big results

Conseco Inc.’s scorched-earth legal tactics have sometimes infuriated the defendants in the company’s path. But they sure seem to be working. As of Sept. 30, the company’s legal assault on the 11 biggest borrowers under its disastrous directors-and-officers loan program was expected to yield $54 million, after expenses-and that was before the Dec. 6 settlement with Stephen Hilbert, 60, the biggest borrower of all. Attorneys declined to tell how much Hilbert will pay, saying the deal is confidential. But you…

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Old National slaps Durham with suit

Indianapolis entrepreneur Tim Durham has run into trouble with one of his lenders. Evansville-based Old National Bank says
in a Dec. 1 lawsuit that Durham’s Indianapolis-based holding company,Obsidian Enterprises Inc., is in default on $2.6 million
in loans that came due Nov. 1.

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BEHIND THE NEWS: Unique, low-profile bank shaking up the status quo

It’s a quiet giant, but not a sleeping one. The Federal Home Loan Bank of Indianapolis is the state’s fourthbiggest private company, with revenue last year of $1.8 billion. The $45-billionin-assets financial institution racked up 2005 profit of $153 million. Yet the board and executives of the 150-employee quasi-governmental enterprise aren’t wallowing in self-satisfaction. Seeing storm clouds on the horizon, they’re taking pre-emptive action to ensure the bank remains competitive and retains its formidable financial strength. “We’ve been cutting back,”…

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BEHIND THE NEWS: Hilbert testimony ‘false and misleading’? Conseco says yes

Conseco Inc. already has won an $80 million judgment against Stephen Hilbert, a ruling the U.S. Supreme Court let stand this fall. Through the threeyear legal battle, attorneys for the two sides lambasted one another. Bad blood abounds. You ain’t seen nothin’ yet. Next month, in addition to staging a sheriff’s sale of Hilbert’s $20 million Carmel mansion, once the site of the states’s most lavish parties, the company plans to call Hilbert to the stand and accuse him of…

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BEHIND THE NEWS: Fashion Mall has the pull tolure most-prized anchors

Wo n d e r i n g who’ll fill the available anchor slot at The Fashion Mall at Keystone? Think pricey and plush. The north-side mall is among the 100 top-performing malls in the United States, according to the investment firm Friedman Billings Ramsey. It already has many of the nation’s top upscale retailers-from Saks Fifth Avenue and Crate & Barrel to Tiffany and Restoration Hardware. That says a lot. As Friedman Billings observes in a report, “The best…

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BEHIND THE NEWS: After taking blows, bank repairs relations with Lilly family

No bank wants to leave a customer steamed, especially when that customer is the mighty Lilly family. Great news for National City Bank of Indiana: It’s finally back on the family’s good side. Court papers filed in Marion Superior Court in recent months show the six nieces and nephews of heiress Ruth Lilly are increasingly satisfied with the bank’s handling of her financial affairs. Lilly, 91, is the sole surviving greatgrandchild of the pharmaceutical firm’s founder. The bank, part of…

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BEHIND THE NEWS: Guidant sale not so sweet for holders of buyer’s stock

With almost every passing day, Boston Scientific Inc.’s $27 billion purchase of India n a p o l i s – b a s e d Guidant Corp. looks like a bigger fiasco-for the buyer, that is. Whether it was bad for the sellers-Guidant shareholders-is a trickier question. They received a stew of stock and cash in the deal and fared splendidly if they immediately sold their shares. But if they didn’t, Massachusettsbased Boston Scientific’s $80-a-share offer has lost its…

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BEHIND THE NEWS: Another daunting challenge for veteran exec Cornelius

Anyone surprised that at age 62, Jim Cornelius would take on the bruising job of leading embattled drugmaker Bristol-Myers Squibb shouldn’t be. After all, the Zionsville businessman has surprised observers before. This is an executive who 12 years ago gave up one of the top jobs in corporate America-chief financial officer of Eli Lilly and Co.-to become chairman of Guidant Corp., then a much-maligned collection of medical-device firms that Lilly was spinning off into a stand-alone company. A risky move,…

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BEHIND THE NEWS: A Marsh without Marshes? Expect family to exit soon

Marsh Supermarkets Inc. has filed hundreds of pages of documents with the Securities and Exchange Commission in recent weeks, but none gets to the crux of the matter: Will a Marsh remain atop Marsh Supermarkets if Boca Raton, Fla.-based Sun Capital Partners completes its $88 million buyout of the Fishers-based company? Marsh spokeswoman Myra Borshoff Cook said executives haven’t been asked to step down so far. “They won’t know anything until the deal closes,” she said. But keeping a Marsh…

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First Internet’s acquisition is no run-of-the-mill bank:

BEHIND THE NEWS First Internet’s acquisition is no run-of-the-mill bank Bank mergers happen all the time in Indiana, but this one is about as unique as they come. The buyer, Indianapolis-based First Internet Bancorp, was one of the nation’s first Web-only banks when it opened its doors in 1999. Today, it’s among the top five in that field, with assets topping $445 million. The seller is Indianapolis-based Landmark Financial Corp., parent of Landmark Savings Bank. Landmark Financial, with assets of…

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BEHIND THE NEWS: After CFO’s jump to rival, Emmis opts to fight back

When Emmis Communications Corp. Chief Financial Officer Walter Berger bolted in January for the same post at CBS Radio in New York, the Indianapolis company said little publicly. But it’s now apparent Emmis officials were more than a little peeved. In recent weeks, they’ve filed an arbitration case against Berger in hopes of recouping some of his compensation, and they’ve sued CBS alleging tortuous interference with his contract. “I think this case is very clear-cut,” said David Barrett, vice president…

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BEHIND THE NEWS: Leap of faith? IPO planned for new firm with no assets

Entrepreneur J. Smoke Wallin, bestknown as CEO of software maker eSkye Solutions, hopes to raise $60 million in an initial public offering for a new Indianapolis company that doesn’t yet own anything. Sound bizarre? Perhaps. But Wallin’s Taliera Corp. is just the latest in a long line of so-called “blank check” companies that raise money with the intention of going out and purchasing an operating business. In this case, Wallin has his sights on the alcoholic-beverage industry, though the company…

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BEHIND THE NEWS:

In the 1980s, Jim Massey was one of Indianapolis’ top bankers. Now, he finds himself in bankruptcy court, the latest former Conseco Inc. director to fall victim to the company’s hardball loan-collection tactics. The Carmel-based insurer last month filed an involuntary bankruptcy petition for Massey, 71, the former president of Merchants National Bank. “It is just another forum to try to bring an expeditious conclusion to the problem,” said Reed Oslan, a partner with the Chicago law firm Kirkland &…

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Credit union ordered to pay ex-executive $3.4M

A Marion County judge has ordered an Indianapolis credit union to pay its former CEO $3.4 million, saying it wrongly froze the executive’s accounts after accusing him of financial improprieties three years ago.

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BEHIND THE NEWS: Coastal cash flowed into tiny firm, yielding big payoff

Century Realty Trust is but a grain of sand in the universe of real estate companies. But within the last few years, the Indianapolis firm has caught the attention of investors on the coasts, and they’re the richer for it. Now that Century Realty is selling nearly all its properties to Indianapolis-based apartment owner Buckingham Properties and liquidating, its investors likely will collect from $20.50 a share to $21 a share, according to a filing with the U.S. Securities and…

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Dispute clouds Sky buyout of Union Federal

Union Federal Bank’s Fort Wayne-based parent is locked in a dispute that could put in peril the Indianapolis financial institution’s $330 million sale to Bowling Green, Ohio-based Sky Financial Group Inc.

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BEHIND THE NEWS: Heiress to be out of sight when judge decides fate

Attorneys will gather in a Marion County courtroom Aug. 7 to ask a judge to appoint personal guardians for Ruth Lilly. They’ll argue that she’s incapacitated and incapable of making decisions for herself. It’s one of the most pivotal moments in the life of the heir to the pharmaceutical fortune, who turns 91 Aug. 2. But court records indicate she won’t be present. That’s perhaps fitting. The sole surviving greatgrandchild of the pharmaceutical firm’s founder has led a reclusive life,…

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BEHIND THE NEWS: Dick settles big SEC case for a small sum: $110,000

It was frontpage news two years ago when the U.S. Securities and Exchange Commission sued Rollin Dick, charging he and another former Conseco Inc. executive masterminded an accounting fraud that allowed the company to overstate 1999 profits by $367 million. The case has reached an anticlimactic conclusion: Under a settlement approved July 3 in federal court in Indianapolis, Dick agreed to pay a $110,000 fine. Without admitting or denying wrongdoing, the 74-yearold agreed not to commit future violations or to…

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