Greg Andrews – Indianapolis Business Journal

BEHIND THE NEWS: Investors face long odds in latest Conseco class action

September 26, 2005

Class-action attorneys hit the jackpot three years ago when Conseco Inc. agreed to settle securitiesfraud litigation for $120 million. At the time, it was the 10thbiggest settlement for a case of its kind. This time around, attorneys, and the investors they represent, appear likely to go home empty-handed. Indianapolis federal Judge David Hamilton in July quietly dismissed a securitiesfraud case filed three years ago on behalf of investors who held Conseco stock between April 2001 and August 2002, a span…

Attorney: Heiress opposed big gifts: Deposition says Lilly upset when arts groups got $185M

September 19, 2005

Ruth Lilly garnered headlines around the globe in 2002 after an Indianapolis judge approved a new estate plan for the heiress that earmarked an estimated $185 million for two tiny arts organizations, the Chicago-based Poetry Foundation and Washington, D.C.-based Americans for the Arts. Now, in a newly public deposition, Lilly’s personal attorney, Tom Ewbank, charges his client was opposed to the large bequests and instead had wanted to funnel more of her billion-dollar estate into her own foundation, for the…

BEHIND THE NEWS: Beneficiaries of Lilly largesse lose bid to spank bank

September 19, 2005

Round one goes to National City Bank of Indiana. An Indianapolis judge last week signaled he plans to dismiss litigation filed by two big beneficiaries of Ruth Lilly’s estate, Washington, D.C.-based Americans for the Arts and the Chicago-based Poetry Foundation. The groups charged the bank bungled management of her assets, costing them tens of millions of dollars. Judge Charles Deiter on Sept. 12 canceled a 10-day trial that was to start Sept. 26 and asked the bank to submit a…

CEO Dunn not afraid to shake it up: Changes help Steak n Shake capture Enterprise Award

September 12, 2005

When an executive recruiter contacted Peter Dunn a few years ago about a top post at The Steak n Shake Co., he wasn’t sure what to think. “I wondered what kind of steaks they served with milkshakes,” he recalled with a laugh. Today, Dunn, Steak n Shake’s president and CEO, probably knows more about the company than anyone in its 71-year history. The newcomer to the restaurant industry, a Harvard grad with an MBA from the University of Virginia, has…

BEHIND THE NEWS: Here’s a Blues performance that won’t get you down

September 5, 2005

Anthem Inc.’s $1.9 billion initial public offering in late 2001 set all kinds of records. It was the biggest IPO for a U.S. health care company ever, and the biggest IPO for a Hoosier company of any kind. But that company, now known as WellPoint Inc., was puny compared with its size today. Then, it had a market value of $3.9 billion; now, thanks to acquisitions and a surging stock price, it’s worth $45 billion. WellPoint shares were trading last…

City’s mall gamble paid off: After 10 years, Circle Centre at core of rejuvenated downtown

September 5, 2005

In February, Goldsmith suspended construction while he and advisers analyzed options. Within months, he gave Circle Centre the green light, and construction resumed-but not because he was convinced the project would succeed. “In the end, we decided job creation in the urban core and the psychological survival of the city were dependent on some development occurring downtown,” recalled Goldsmith, now a professor at Harvard University. “We went forward with the mall with great anxiety.” Today, 10 years after the September…

BEHIND THE NEWS: New Ritter’s CEO patches up frayed franchisee relations

August 29, 2005

If Ritter’s Frozen Custard goes on to prosper, the behindthe-scenes retooling the Carmel-based chain received over the past year will make a revealing case study for MBA students. IBJ in September 2004 reported the Ritter family had reacquired control of RFC Franchising LLC and installed Bob Ritter, son of retired founder John Ritter, to replace Saul Lemke as CEO. Franchisees in the chain, which has 62 stores in eight states, were glad to see Lemke go. Their view: During his…

BEHIND THE NEWS: Settlements bring anticlimactic close to SEC fraud case

August 22, 2005

When the Securities and Exchange Commission in 2003 announced fraud charges against three former executives of once-high-flying Analytical Surveys Inc., it filed court papers laced with explosive allegations. Anyone who read the 18-page civil lawsuit filed in federal court in Indianapolis might have figured a trial drenched with drama was in the offing. So much for the climax. Newly filed court papers show the SEC has quietly reached a $260,000 settlement with Sidney Corder, who was CEO of the computerized-map…

BEHIND THE NEWS: Obstacles facing Marsh cast questions over Atlas project

August 15, 2005

Marsh Supermarkets Inc. ended rampant speculation when it announced last September that it was buying the former Atlas grocery site at 54th Street and College Avenue and would build an Arthur’s Fresh Market there. Or did it? Nearly a year after Marsh officials unveiled their plans, the former Atlas building slated for demolition remains standing, surrounded by a chain-link security fence. “We were pretty sure construction would have started by now,” said James Garrettson, president of the Meridian Kessler Neighborhood…

BEHIND THE NEWS IPALCO buyer wins key lawsuit but isn’t out of woods:

August 8, 2005

Score one big victory for former executives of AES Corp. and IPALCO Enterprises Inc., but they still face obstacles on other fronts. Last month, Judge Larry McKinney of U.S. District Court in Indianapolis dismissed the final claims in a shareholder lawsuit stemming from AES’ soured $3 billion purchase of the Indianapolis utility five years ago. McKinney didn’t buy plaintiffs’ charges that through omissions and misleading statements the companies had failed to disclose to IPALCO shareholders the risks of exchanging their…

BEHIND THE NEWS Marsh shares stage rally, despite firm’s challenges:

August 1, 2005

Marsh Supermarkets Inc. might be a great place to shop, but it’s been a long time since the embattled Indianapolis grocer has been a great place for investors to park their money. That’s why the recent runup of Marsh shares is raising eyebrows in the investment community. Both the company’s Class A and Class B shares are up more than 25 percent since early June, and better than 20 percent for the year. What’s driving the increase? In part, probably…

BEHIND THE NEWS: Neither SEC, Dick in rush to bring fraud suit to trial

July 25, 2005

The Securities a n d E x c h a n g e Commission didn’t file its civil-fraud suit against former Conseco Inc. Chief Financial Officer Rollin Dick until 2004, four years after he resigned under pressure. Under a timetable approved by federal Magistrate Judge V. Sue Shields July 14, Dick won’t stand trial until May 2007 at the earliest. By then, he will have turned 75, and the transactions challenged by the SEC will be more than seven years…

BEHIND THE NEWS: Hat World helps propel parent’s stock out of slumber

July 18, 2005

When Indianapolis-based Hat World Corp. announced its $165 million sale to a Tennessee firm 17 months ago, it had posted increases in same-store sales for an impressive 27 months in a row. Now, make that 42 and counting. Such a streak is almost unheard of in the rough-and-tumble retail world, especially for a firm wrestling with the inevitable distractions that go along with the transition from independence to ownership by a publicly traded company. “We have maintained the same momentum…

New public auto-loan firm in works: White River to buy failed Union Acceptance

July 11, 2005

A new public company is rising from the ashes of Union Acceptance Corp., the failed east-side car-financing company, and is preparing to raise $35 million through a stock offering. White River Capital Inc., which will operate from UAC’s former headquarters on North Shadeland Avenue, has agreed to buy out UAC’s shareholders for $3.1 million in stock and to buy Virginiabased auto lender Coastal Credit LLC for $50 million in cash. “It’s a tough industry, a hypercompetitive industry,” White River President…

BEHIND THE NEWS: Simon’s new strategy: Go beyond retail realm

July 11, 2005

Early this year, Simon Property Group Inc. CEO David Simon started dropping hints on Wall Street about a major new company strategy. “We really can’t tell you about it yet,” he said at an investment conference in March, a comment that piqued the curiosity of the roomful of analysts. Simon Property officials still aren’t falling over themselves to lay out the plan; a company spokesman declined to make someone available for an interview. However, during recent conference calls and investor…

ITT paid for feds’ aggression: Sweeping probe didn’t lead to charges against firm, top execs

July 4, 2005

On a chilly winter morning 16 months ago, federal investigators converged on ITT Educational Services Inc.’s Carmel headquarters and 10 of its 77 campuses, gathering documents in a high-profile raid that rattled investors and sent the company’s shares into a free fall. Now, the U.S. Attorney’s Office in Houston, which obtained the search warrants authorizing the raid, acknowledges its sweeping criminal probe failed to turn up evidence that would justify charges against the company or its top brass. The turnabout,…

BEHIND THE NEWS: Guidant’s woes turn J&J deal into game of chance

July 4, 2005

Just a few months ago, some analysts were grumbling that Guidant Corp. was selling to Johnson & Johnson for too low a price. Why did Guidant accept $76 a share, they wondered, when on its own the company might be on its way to $80 or even $90? Guidant CEO Ron Dollens’ response: That’s possible, but the medical device field is fraught with risks and uncertainties. Given that, he told IBJ in December, $76 a share, or a total of…

BEHIND THE NEWS: Use of commissioned staff sets Gregg apart from rivals

June 27, 2005

H.H. Gregg may be a pipsqueak compared to goliath Best Buy Inc. But a peek into the Indianapolis company’s financial statements shows it’s no alsoran when it comes to profit margins. In its latest fiscal year, the electronics and appliance retailer posted an operating profit (earnings before interest, taxes, depreciation and amortization) of 4.8 cents for every dollar in revenue, according to IBJ’s analysis of the private company’s financial statements. That margin is just shy of the 5.2 cents reported…

BEHIND THE NEWS: Frick, master of megadeals, ready to dial back intensity

June 20, 2005

Attorney David Frick says Anthem Inc.’s $20.8 billion purchase of Well-Point Health Networks was the toughest deal he ever negotiated-and that’s saying something. This is the same guy who helped broker the 1983 deal selling the Indiana Pacers to Mel and Herb Simon, eliminating the risk the franchise would go elsewhere. The same guy who served as the city’s chief negotiator in the deal that brought the Baltimore Colts to Indianapolis in 1984. Anthem-WellPoint was even tougher, Frick says, in…

Events colossus in Lucas’ sights: Sunshine Promotions founder pursues Clear Channel unit

June 13, 2005

The Indianapolis executive has alerted the Texas company of his interest and lined up preliminary financing, according to Craig Pinkus, a partner with Bose McKinney & Evans representing Lucas. “All I’m going to say is, the expression of interest is not a frivolous expression, and there are substantial preliminary arrangements,” Pinkus told IBJ. “This is not an effort of some kind to get attention and waste people’s time.” The unit’s parent, San Antonio-based radio giant Clear Channel Communications, announced in…

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