Jump to content

Bed Bath & Beyond (online retailer): Difference between revisions

Add links
From Wikipedia, the free encyclopedia
Browse history interactively
← Previous editNext edit →
Content deleted Content added
VisualWikitext
Bassettcat (talk | contribs)
177 edits
→‎Naked short selling campaign: Per WP:EL and WP:RS. This is a personal blog.
Bassettcat (talk | contribs)
177 edits
→‎Business model: Profits projected for fourth quarter
Line 28: Line 28:


After initially relying solely on word-of-mouth marketing from customers,<ref name="idch75"/> the company turned to distinctive [[television advertisement]]s starring [[German people|German]] [[actress]] [[Sabine Ehrenfeld]].<ref>{{cite news|url=http://www.slate.com/id/2114128/|work=[[Slate (magazine)]]|title=What's With That Overstock.com Ad?|date=2005-02-28|accessdate=2008-03-22|first=Seth|last=Stevenson}}</ref><ref>{{cite news|url=http://www.foxnews.com/story/0,2933,138216,00.html|title=Oh! Oh! Oh ... It's Another 'Sally' Ad|date=2004-11-13|accessdate=2008-03-22|first=Jennifer|last=D'Angelo|work=[[FOX News Channel]]}}</ref> Newer advertisements feature Briana Walker.<!-- dead link --> <!-- <ref>[http://www.overstock.com/cgi-bin/b2.cgi?page=staticpopupfull&sta_id=11626 Overstock.com is pleased to introduce our new spokesperson, Briana Walker.]</ref>--><ref>{{cite news|url=http://www.overstock.com/cgi-bin/d2.cgi?PAGE=STATICPOPUPFULL&STA_ID=13200|title=National TV Commercial: New Spokeswoman, Briana Walker - Live Better with Overstock.com|first=Briana|last=Walker|work=[[Overstock.com]]}}</ref>
After initially relying solely on word-of-mouth marketing from customers,<ref name="idch75"/> the company turned to distinctive [[television advertisement]]s starring [[German people|German]] [[actress]] [[Sabine Ehrenfeld]].<ref>{{cite news|url=http://www.slate.com/id/2114128/|work=[[Slate (magazine)]]|title=What's With That Overstock.com Ad?|date=2005-02-28|accessdate=2008-03-22|first=Seth|last=Stevenson}}</ref><ref>{{cite news|url=http://www.foxnews.com/story/0,2933,138216,00.html|title=Oh! Oh! Oh ... It's Another 'Sally' Ad|date=2004-11-13|accessdate=2008-03-22|first=Jennifer|last=D'Angelo|work=[[FOX News Channel]]}}</ref> Newer advertisements feature Briana Walker.<!-- dead link --> <!-- <ref>[http://www.overstock.com/cgi-bin/b2.cgi?page=staticpopupfull&sta_id=11626 Overstock.com is pleased to introduce our new spokesperson, Briana Walker.]</ref>--><ref>{{cite news|url=http://www.overstock.com/cgi-bin/d2.cgi?PAGE=STATICPOPUPFULL&STA_ID=13200|title=National TV Commercial: New Spokeswoman, Briana Walker - Live Better with Overstock.com|first=Briana|last=Walker|work=[[Overstock.com]]}}</ref>

The company has never achieved an annual profit, and has lost $240 million since Byrne launched the company in 1999,. Byrne projected in May 2008 that Overstock would be profitable in the fourth quarter of 2008, and would achieve a $10 million profit.<ref>Interview with Reuters news agency, May 9, 2008, http://www.reuters.com/article/ousiv/idUSN0843196920080509, accessed May 9, 2008</ref>


==Naked short selling campaign ==
==Naked short selling campaign ==

Revision as of 17:23, 9 May 2008

Overstock.com
Company typePublic (Nasdaq: OSTK)
IndustryRetail
Founded1997
Headquarters
Cottonwood Heights, Utah
,
USA
Key people
Patrick Byrne, CEO
ProductsOverstock.com
Revenue$788 Million (2006)
Websitewww.overstock.com

Overstock.com (Nasdaq: OSTK) is an online retailer headquartered in Cottonwood Heights, Utah, near Salt Lake City. Founded in 1997, it pioneered the online sale of surplus merchandise, and now features a combination of surplus, returned, and new items.

Overstock.com was founded in 1997 under the name D2: Discounts Direct, and changed its name to Overstock.com in 1999. The company began selling surplus and returned merchandise on an online E-commerce marketplace, buying the surplus inventory of at least 18 failed dot-com companies at below-wholesale prices. In recent years it has expanded to sell new merchandise.[1][2][3][4][5][6]

Overstock went public in May, 2002 at an IPO price of $13. After achieving significant growth and profits in some early quarters, the company's stock traded as high as $77, but following recent losses the company has traded as low as single digits.[7] Its major rivals are considered to include Amazon.com and eBay.[8][9]

Business model

Roughly 60% of Overstock.com merchandise is sold on behalf of third parties participating in Overstock's Partner Program, established in 2000, and consisting of over 700 partners—mostly wholesalers, but also some manufacturers and smaller retailers.[citation needed] The remainder is purchased by or manufactured specifically for Overstock.com. Among their products are handmade goods produced for Overstock by workers in "developing nations."[10][11] The company also manages the inventory supply for other retailers.

In addition to its direct retail sales, Overstock.com has also offered online auctions on its website since September 24, 2004. It has hosted charity auctions to benefit various causes.[citation needed]

After initially relying solely on word-of-mouth marketing from customers,[5] the company turned to distinctive television advertisements starring German actress Sabine Ehrenfeld.[12][13] Newer advertisements feature Briana Walker. [14]

The company has never achieved an annual profit, and has lost $240 million since Byrne launched the company in 1999,. Byrne projected in May 2008 that Overstock would be profitable in the fourth quarter of 2008, and would achieve a $10 million profit.[15]

Naked short selling campaign

The company has received attention stemming from CEO Patrick Byrne's battle against alleged naked short selling of his company's shares. Beginning in 2005, Byrne has contended that a number of companies, including Overstock.com, have been the targets of this practice, which involves selling a stock short but without the usual step of initially borrowing or locating the shares. Byrne alleges that the practice circumvents safeguards of conventional shorting, and has been used in large schemes devised to profit from driving down the prices of companies' shares, in many cases leading to these companies' failure. With Overstock, Byrne contends that the company's longstanding appearance on the Regulation SHO Threshold Security list, an SEC-mandated list showing companies with a high number of "fails to deliver," along with high trading volumes that sometimes surpass 100% of the company's stock, establish that it has been targeted by this practice.[16] As of December 26, 2007, there were 4.92 million shares sold short, which is 30.2% of float.[17]

Byrne's campaign has been controversial, including criticism in the financial press that Byrne is seeking to divert attention from Overstock's share price declines and failure to turn a profit.[18] New York Times columnist Joseph Nocera has said in 2006 that, "Except for a few fellow-traveling Web sites, where Mr. Byrne is viewed as a heroic figure, most people who understand the issue or have looked into it think it's pretty bogus."[19] Others have suggested that the problem is real, but that the SEC acts to prevent it and that it does not happen on any scale such as Byrne suggests. SEC Chairman Christopher Cox called abusive naked short selling “a fraud that the commission is bound to prevent and to punish.”[20]

Lawsuits

Overstock filed a lawsuit against the hedge fund Rocker Partners in 2005, for libel, unfair business practices and tortious interference, saying it colluded with a research firm, Gradient Analytics, in short-selling the company while paying Gradient Analytics to publish negative reports about Overstock.com and supplying pre-publication copies to Rocker. Petitions for Review by Gradient Analytics and Rocker Partners to the California Supreme Court were rejected in September 2007,[citation needed] allowing the case to continue to trial. Naked short-selling was not alleged in that suit.[21] Rocker Partners, renamed Copper River Management, filed a counterclaim against Overstock in November 2007, alleging overstatement of profits, false projections, and misrepresentations about the company's ventures.[22] Copper River also alleges that Byrne tried to silence critics by suing them.[23][24][25][26]

In February 2007, Overstock.com launched a $3.5 billion lawsuit against Morgan Stanley, Goldman Sachs and other large Wall Street firms, alleging a "massive illegal stock market manipulation scheme" involving naked short selling. Among its allegations, Overstock stated that since at least January 2005, naked short selling has accounted for large portions of Overstock stock, in some cases exceding the 23.4 million total shares outstanding.[27] The lawsuit alleged that this had created "immense downward pressure" on share prices over time. Kerry Fields, associate professor of law and business ethics at the University of Southern California, said, "Byrne may be able to help set new law if he handles this right." Fields said, Byrne's "best approach now is probably to persuade the SEC, which continues to wander around the issue, or the government to serve subpoenas and let them decide whether or not his company was wronged."[28] However, Joseph Nocera criticized the lawsuit, while John Coffee, director of the Center on Corporate Governance at Columbia University Law School, described it as overly ambitious and "extremely unpromising."[29] Two members of the Overstock.com board of directors, John Fisher and Ray Groves, resigned in disagreement over the lawsuit.[30][31]

SEC involvement

The campaign has involved the Securities and Exchange Commission to varying extents. An SEC investigation of Gradient Analytics was initiated but then dropped in February 2007.[32][33] An SEC investigation of Overstock.com and Byrne is ongoing,[34] seeking information as to the company's accounting policies, targets, projections, and estimates relating to its financial performance.[35] In July 2007, two American Stock Exchange options market makers were fined and suspended for using Regulation SHO exemptions to "impermissibly engage in naked short selling" in trades involving options and stocks for their own account. Overstock shares were believed to be among the stocks traded. The market makers settled without admitting or denying the allegations. None of the defendants sued by Overstock were named in the decision, but the Dow Jones News Service said that the decision was likely to be used by Byrne in pursuing his case.[36][37][38]

Board of Directors

Overstock.com's current Board of Directors includes Dr. Patrick M. Byrne, Allison H. Abraham, Clay Corbus, Joseph J. Tabacco, Jr., and James V. Joyce.[39]

In July 2006, John J. Byrne, the father of Overstock's chief executive, resigned from the board of directors, after a public airing of the elder Byrne's unhappiness with his son's crusade against naked short-selling. John Byrne told the Wall Street Journal in March that "I can't tell whether this jihad adds to the value of the stock or subtracts from it, but what it does is take from Patrick's time." He told the newspaper that his "headstrong" son has ignored his pleas to drop the fight.[40]

In early 2007, John A. Fisher and Ray Groves resigned from the Overstock board of directors over disagreement with the company's prime broker suit.[41][42]

On January 2, 2008,[43] Overstock announced that cofounder Jason Lindsey had resigned as President, COO, and as a Director of Overstock effective from December 31, 2007. Byrne said Lindsey had "played a decisive role getting [Overstock] back on track" after "I screwed it up a couple years ago".[44] Overstock stock dropped to a four-year low following the announcement,[45] which an analyst for investment bank Broadpoint Capital described as a "key loss".[46]

References

  1. ^ "Five-year stock price". Yahoo! Finance. 2008-03-20. Retrieved 2008-03-21.
  2. ^ Nielson-Stowell, Amelia. "Heights of livability in Utah?". Deseret Morning News. Retrieved 2008-03-22.
  3. ^ Nocera, Joe (2007-03-10). "Revisiting Utah and Overstock". The New York Times. Retrieved 2008-03-22.
  4. ^ "Financial Statements for Overstock.com, Inc". Google Finance. 2008-03-20. Retrieved 2008-03-22.
  5. ^ a b Covell, Jeffrey (2004-01-01). "International Directory of Company Histories, Volume 75 (2004)". FindArticles.com. Retrieved 2008-03-22.
  6. ^ Glasner, Joanna (2001-11-12). "Where the Dot-Dead Wind Up". Wired News. Retrieved 2008-03-22.
  7. ^ "Overstock Results 3Q 2002: Operating Profits on 172% Sales Growth". Business Wire. 2002-10-28. Retrieved 2008-03-22.
  8. ^ Hof, Robert D (2005-04-27). "Amazon: Revenue River, Profit Trickle". Business Week. Retrieved 2008-03-22.
  9. ^ Mills, Elinor (2005-06-07). "eBay gets an earful from sellers". CNET News. Retrieved 2008-03-22.
  10. ^ Glasner, Joanna (2004-06-25). "Overstocking in Afghanistan". Wired News. Retrieved 2008-03-22.
  11. ^ Dotson, Leslie. "Overstock.com Celebrates One-Year Anniversary of Worldstock, Its Socially Responsible Goods Department". Overstock.com. Business Wire.
  12. ^ Stevenson, Seth (2005-02-28). "What's With That Overstock.com Ad?". Slate (magazine). Retrieved 2008-03-22.
  13. ^ D'Angelo, Jennifer (2004-11-13). "Oh! Oh! Oh ... It's Another 'Sally' Ad". FOX News Channel. Retrieved 2008-03-22.
  14. ^ Walker, Briana. "National TV Commercial: New Spokeswoman, Briana Walker - Live Better with Overstock.com". Overstock.com.
  15. ^ Interview with Reuters news agency, May 9, 2008, http://www.reuters.com/article/ousiv/idUSN0843196920080509, accessed May 9, 2008
  16. ^ Burden, Kirstie (2007-12-27). "Overstock Reappears on the Regulation SHO Threshold List". PR Newswire. Reuters. Retrieved 2008-03-22.
  17. ^ "OSTK: Key Statistics for OVERSTOCK.COM INC - Yahoo! Finance". Yahoo! Finance. Retrieved 2008-03-22.
  18. ^ Antilla, Susan (2007-02-21). "Overstock Blames with Creepy Strategy". Bloomberg L.P. Retrieved 2008-03-22.
  19. ^ Nocera, Joe (2006-06-10). "New Crusade for Master of Overstock". The New York Times. Retrieved 2008-03-22.
  20. ^ Norris, Floyd (2007-07-14). "S.E.C. Ends Decades-Old Price Limits on Short Selling". The New York Times. Retrieved 2008-03-22.
  21. ^ Nocera, Joe (2006-02-25). "Overstock's Campaign Of Menace". The New York Times. Retrieved 2008-03-22.
  22. ^ "Copper River Files Countersuit Vs Overstock, CEO, Directors," by Carol Remond, Dow Jones News Service, 10 Nov. 2007
  23. ^ McLean, Bethany (2007-11-28). "Overstock.com drama spurs lawsuits". Fortune. Retrieved 2008-03-22.
  24. ^ Mitchell, Dan (2007-01-20). "Flames Flare Over Naked Shorts". The New York Times. Retrieved 2008-03-22.
  25. ^ Boyd, Roddy (2007-01-02). "Overstock.com Lashes Out at Critics on the Web". New York Post. Retrieved 2008-03-22.
  26. ^ Antilla, Susan (2007-02-11). "Overstock Blames With Creepy Strategy". Bloomberg L.P. Retrieved 2008-03-22.
  27. ^ King, Danny (2007-02-03). "Overstock sues brokers". Deseret Morning News. Retrieved 2008-03-22.
  28. ^ Sandoval, Greg (2007-03-28). "Overstock CEO reflects on Cramer debacle". CNET News. Retrieved 2008-03-22.
  29. ^ King, Danny (2007-02-03). "Overstock sues brokers". Deseret Morning News. Retrieved 2008-03-22.
  30. ^ King, Danny (2007-02-24). "Overstock's Suit Spurs Board Exit". Bloomberg L.P. Retrieved 2008-03-22.
  31. ^ King, Danny (2007-05-25). "Overstock Director Groves Resigns Because of Broker Lawsuit". Bloomberg L.P. Retrieved 2008-03-22.
  32. ^ SEC kills probe of Gradient February 14, 2007
  33. ^ Appeals court sides with Overstock.com May 31, 2007
  34. ^ New York Post (May 11,2007). "Company Byrne-d on Probe Report". {{cite web}}: Check date values in: |date= (help)
  35. ^ SEC Form 10Q filed by Overstock.com, dated May 9, 2007
  36. ^ Amex Discplinary Decisions, SBA Trading
  37. ^ American Stock Exchange announcement of disciplinary action, July 31, 2007
  38. ^ Carol Remond (August 1,2007), AMEX Nabs 2 for Reg SHO abuse; 1 Traded Overstock, Dow Jones Newswire {{citation}}: Check date values in: |date= (help)
  39. ^ http://investors.overstock.com/phoenix.zhtml?c=131091&p=irol-govBio&ID=149225
  40. ^ "Overstock.com chairman mulls stepping down". Associated Press. MSNBC. 2006-03-03. Retrieved 2008-03-22.
  41. ^ Fisher, John (2007-03-23). "Letter to Patrick Byrne from John A. Fisher, Overstock.com SEC filing". U.S. Securities and Exchange Commission. Retrieved 2008-03-21.
  42. ^ Groves, Ray (2007-05-24). "Letter from Ray Groves to Patrick Byrne". U.S. Securities and Exchange Commission. Retrieved 2008-03-22.
  43. ^ Burden, Kirstie (2008-01-02). "Jason Lindsey Resigns as Director, President, and COO of Overstock.com". Overstock.com. Retrieved 2008-03-22.
  44. ^ Sage, Alexandria (2008-01-02). "UPDATE 1-Overstock.com says co-founder Lindsey resigns". Reuters. Retrieved 2008-03-22.
  45. ^ "Overstock.com At 4-Year Low On COO Resignation". RealTimeTraders news. 2008-01-04. Retrieved 2008-03-22.
  46. ^ Koort, Robert (2008-01-03). "Analyst Actions: Monsanto, Overstock.com, Murphy Oil, Digital River". BusinessWeek. Retrieved 2008-03-22.
  1. Clip, MincedMedia. "Overstock.com Rezzes Into Second Life", CNN ireport.com, 2008-05-02. Retrieved on 2008-05-02.
Retrieved from "https://en.wikipedia.org/w/index.php?title=Bed_Bath_%26_Beyond_(online_retailer)&oldid=211294913"