A gunmaker ripe for an ethical takeover

Several .223 caliber rounds near a Bushmaster XM-15; the manufacturer's owner is putting its gun companies up for sale.

STORY HIGHLIGHTS

• The owner of America's largest gunmaker is putting firm up for sale


• John MacIntosh says billionaires should lead effort to acquire the gun manufacturer


• He says they should change corporate practices to discourage violence


• MacIntosh: One leading company could push gun industry in a more ethical direction

Editor's note: John MacIntosh was a partner at Warburg Pincus, a leading global private equity firm, where he worked from 1994 to 2006 in New York, Tokyo and London. He now runs a nonprofit in New York.

(CNN) -- In the 1970s and '80s, when corporate America was plagued with inefficiency, a new class of financially motivated takeover investor emerged to prey on the fattest in the corporate herd and scare the rest into line.

Today, as pockets of corporate America are plagued with immorality, we need a new class of socially motivated takeover investor to prey on the sociopaths in the corporate herd, turn them around and perhaps scare (or shame) others into line.

John MacIntosh

The upcoming sale by Cerberus Capital of the Freedom Group, the largest gun manufacturer in the United States, is a perfect opportunity to usher in this new era of muscular, socially responsible capitalism:

First, Michael Bloomberg, George Soros, David Geffen and the like should establish a nonprofit SPAC (Special-Purpose-Acquisition-Company) called BidForFreedom.org (BFF) with a mission to reduce needless deaths through gun violence in the United States and encourage the passage of sensible gun control regulations.

They should appoint George Clooney, Angelina Jolie and Matt Damon to the fundraising committee and recruit a loud-mouthed, poison-penned, but good-hearted activist hedge fund titan as chief investment officer (Bill Ackman? Dan Loeb?).

Opinion: Forgotten victims of gun violence

To be credible, BFF will probably need to start with at least $250 million in cash and commitments (no problem given the billionaire status of the sponsors) with additional firepower raised as needed from well-heeled individuals, foundations and through a broad-based Internet solicitation to an outraged-by-Newtown public.

Second, BFF should lobby all public pension funds that are part owners of the Freedom Group (by virtue of their investment in Cerberus) to roll their investment into BFF to reduce the need for outside funding, naming and shaming any unwilling public investors.

Newtown shooter's guns

Third, BFF should pay "whatever it takes" to acquire control of the Freedom Group in the upcoming auction by Cerberus (which has a fiduciary obligation to sell to the highest bidder) and then immediately implement a "moral turnaround" plan under which the Freedom Group:

(i) Appoints a high-profile CEO with impeccable credentials as a hunter and/or marksman who is nevertheless in favor of gun-control.

Opinion: Guns endanger more than they protect

(ii) Elects a new board of directors including representatives from the families of victims killed in Newtown (and/or other massacres perpetrated with Freedom Group weapons), military veterans and trauma surgeons with real experience of human-on-human gunfire, and law enforcement and mental health professionals.

(iii) Operates the business as if sensible gun laws were in place (this may turn out to be a wise investment in future-proofing the company): discontinuing sales of the most egregious assault weapons and modifying others as necessary so they cannot take huge-volume clips; offering to buy back all Freedom Group assault weapons in circulation; micro-stamping weapons for easy tracking; and providing price discounts for buyers willing to go through a background check and register in a database available to law enforcement.

(iv) Voluntarily waives its rights to support the NRA and other lobbying groups.

(v) Creates a fund to compensate those who, despite its best efforts, are killed or wounded by its weapons.

(vi) Agrees that if the effort to provide moral leadership in the weapons industry doesn't succeed within a year, BFF should consider corporate euthanasia, even though it entails a risk of allowing more retrograde manufacturers to fill the void in the market left by the then-deceased company.

Opinion: The case for gun rights is stronger than you think

In the face of horrors like Newtown, BFF would recognize that it's time to take a stand by acknowledging the impossibility of reaching closure after such a monstrous act while an unreconstructed Freedom Group continues to sell a huge volume of guns and ammunition rounds each year even if it is operating under new owners.

Like any Trojan Horse strategy, this is a long shot, but it must be tried. History suggests that only after the first company "turns" will an industry gradually return to the realm of the human (think of big tobacco). And without the tacit agreement, if not the outright support, of at least one important insider, policymakers seem utterly unable to pass tough regulations in the face of the predictable, but withering, assault by industry lackeys shrieking that any such regulation would be "impossible, impractical or too expensive."

In the face of a recalcitrant industry, we have to acknowledge that it is only the market for corporate control -- the real possibility that an outsider will take over one of the companies -- that puts limits on the behavior of board members and executives who, while perhaps decent enough in their family lives, display a limitless tolerance for the "banality of evil" at the office.

Opinion: Not man enough? Buy a gun

We must accept that the conventional, kid-gloves approach to socially responsible investing -- divesting shares in "bad" companies that nevertheless continue to exist -- is too weak an instrument to force change and its well-meaning practitioners too soft to enter the fray when emotionally and politically charged battles need to be fought.

And regardless of the viability of socially motivated takeovers in general, the Freedom Group looks like a great target. Cerberus is a motivated seller, the political macros look favorable, and it's a bite-sized company compared with many of the larger sociopaths in the corporate herd.

I'm even cautiously optimistic that the current impasse over gun regulation is a bad-equilibrium that few consumers actually want, and that a reconstructed Freedom Group, fighting for sensible change as a fifth column from within the industry, might well find that many people -- even a significant portion of the NRA's members -- would buy from a truly responsible (and high quality) gun maker if given the chance.

All in all, it's a pretty exciting deal, so if Mike and George are up for it, count me in.

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The opinions expressed in this commentary are solely those of John MacIntosh.

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Snow in Chicago nothing like storm out East

A bicyclist fights the snow heading north on Halsted Street, north of Roosevelt Avenue in Chicago. (Chris Walker, Chicago Tribune / December 27, 2012)

Staff report

11:18 a.m. CST, December 27, 2012

As the Northeast gets battered by a powerful winter storm, Chicago is getting hit by a gentler weather system that could coat parts of the area with an inch or more of snow by Friday.

“There will be mainly light snow that will cause some visibility reduction,’’ said Richard Castro, a meteorologist with the National Weather Service.

The snow will fall, on and off, until the early evening hours with an accumulation of only two tenths of an inch. “There could be an occasional burst of snow in the lakefront areas,’’ Castro said. More light snow is expected Friday. Temperatures will reach only into the 20s or lower 30s both days.

“Some places could possibly see over an inch,’’ Castro said. “It’s going to feel like winter.’’

A storm that swept through the South earlier this week brought snow to inland parts of the Northeast and driving rain and wind to areas along the coast Thursday.

The storm, which was blamed for nine deaths, pushed through the Upper Ohio Valley and made its way into the Northeast Wednesday night. By Thursday morning, there was anywhere from a few inches of snow to a foot in some locations

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Syria envoy calls for political change to end conflict

BEIRUT (Reuters) - The international envoy seeking a solution to Syria's 21-month-old conflict said on Thursday political change was needed to end the violence which has killed 44,000 people, and called for a transitional government to rule until elections.

Speaking in Damascus at the end of a five-day trip during which he met President Bashar al-Assad, Lakhdar Brahimi did not spell out detailed proposals but said that only substantial change would meet the demands of ordinary Syrians.

Russian Foreign Minister Sergei Lavrov added to the envoy's call for a peaceful solution when he told a senior Syrian diplomat that only a "broad inter-Syria dialogue and political process" could end the crisis.

Brahimi's push for a transitional government suggested he was trying to build on an international agreement in Geneva six months ago which said a provisional body - which might include members of Assad's government as well as the opposition - should lead the country into a new election.

But the mainly Sunni Muslim Syrian rebels have seized the military initiative since the Geneva meeting in June and the political opposition has ruled out any transitional government in which Assad, from Syria's Alawite minority, plays a role.

Rebel fighters resumed attacks on Thursday against the military base of Wadi Deif, which lies next to Syria's main north-south highway linking Aleppo with Damascus. Around the capital itself, Assad's forces have tried for weeks to dislodge rebels from suburbs which ring the east and south of the city.

"Certainly it was clear in Geneva, and it's even clearer now that the change which is needed is not cosmetic or superficial," Brahimi told a news conference in Damascus before leaving Syria.

"I believe the Syrian people need, want and aspire to genuine change and everyone knows what this means," he said.

"A government must be created ... with all the powers of the state," Brahimi added. He said it should hold power for a transitional period until elections - either for a new president or a new parliament - are held.

"This transitional process must not lead to the ... collapse of state institutions. All Syrians, and those who support them, must cooperate to preserve those institutions and strengthen them," he said.

Radwan Ziadeh of the opposition Syrian National Council dismissed Brahimi's proposal as "unrealistic and fanciful" and said a transitional government could not be built on the same "security and intelligence structure as the existing regime".

TOO SOON FOR COMPLETE PLAN

Russia's Lavrov met Syrian Deputy Foreign Minister Faisal Makdad in Moscow on Thursday and underscored "the lack of an alternative to a peaceful resolution of (Syria's) internal conflict through a broad inter-Syria dialogue and political process," a Russian Foreign Ministry statement said. But it made no mention of ways to achieve those goals.

Syrian and Lebanese sources said Makdad had been sent to Moscow to discuss details of a peace plan proposed by Brahimi.

Brahimi is due in Moscow on Saturday and said he also expected to have a third joint meeting with U.S. and Russian officials soon following two rounds of talks earlier this month. But he denied the existence of a U.S.-Russian plan to end the crisis and said it was too soon to present a "complete plan".

"What is preferred is that we don't present such a plan until we feel that all sides have agreed to it. That way, implementing it is easy. If that doesn't happen, the other solution could be to go to the (United Nations) Security Council to issue a binding resolution for everyone," he said.

A Russian Foreign Ministry spokesman also denied any joint initiative between Moscow and Washington.

World powers remain divided over what has become an increasingly sectarian struggle, with Sunni Muslim states such as Turkey and the Gulf Arab countries supporting the rebels while Shi'ite Iran and Hezbollah have backed Assad, whose Alawite community has its roots in Shi'ite Islam.

Syria's struggle "has taken a vicious form of sectarian confrontation," Brahimi said. "Syrian officials foremost, as well as the international community, must not let Syria slide down this very dangerous path which threatens the future of Syria."

Deep differences between Western powers opposed to Assad - led by the United States - and Russia and China which have supported his government, have left the U.N. Security Council paralyzed and largely sidelined throughout the conflict.

The political stalemate has helped transform a once-peaceful uprising into a civil war in which rebels have grown in military strength and taken control of swathes of territory in the north, leaving Assad increasingly reliant on air power to curb them.

Activists in the central province of Hama, where rebels launched an offensive last week to extend their control southwards towards the capital, reported on Thursday that rebels shot down a MiG jet near the town of Morek.

The Syrian Observatory for Human Rights, which monitors violence across Syria, said air force jets launched three raids on rebel forces around Wadi Deif. The British-based group also reported fierce clashes in the area.

The violence has been accompanied by an escalation in apparently sectarian attacks between the Sunni Muslim majority and minorities such as Assad's Alawite sect, which has largely supported the president.

Activists in Hama uploaded a video of what appeared to be Assad soldiers and shabbiha militia members stabbing the body of a dead man and setting it on fire. The man looked as if he had been beaten to death.

"This is a terrorist, a brother of a whore, one of those trying to destroy the country," one of the men shouted. Two men in camouflage uniforms and army helmets stood by watching. Samer al-Hamawi, an activist from Hama, said rebels in his area found the video on the phone of a soldier they captured this week.

The video emerged a day after Islamist rebel units released footage showing the bodies of dozens of Assad's fighters along a highway near an Alawite town in Hama.

(Additional reporting by Marwan Makdesi in Damascus and Steve Gutterman in Moscow; Editing by Pravin Char)

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Wall Street sags, "cliff" angst steals retailers' Christmas

NEW YORK (Reuters) - U.S. stocks fell on Wednesday as retailers' shares dropped sharply after a report that showed holiday shoppers were less enthusiastic than last year, with investors saying worries about the "fiscal cliff" may have kept them away from stores.

The Morgan Stanley retail index <.mvr> skidded 1.8 percent as holiday-related sales rose 0.7 percent from October 28 through December 24, compared with a 2 percent increase last year, according to data from MasterCard Advisors SpendingPulse. The SPDR S&P Retail Trust slipped 1.5 percent to 61.24.

Janna Sampson, co-chief investment officer of OakBrook Investments in Lisle, Illinois, said worries about "fiscal cliff" tax hikes and spending cuts next year had likely kept shoppers from a last-minute rush to the stores.

"I think people held back this year, just worried about that bigger cut out of their paycheck next year and having to tighten their belt," she said. "If you've got to tighten your belts starting in January, people start worrying about overspending."

Department stores' stocks slid. Macy's lost 3 percent to $36.41, while Saks also fell 3 percent and traded at $10.30, near its session low. Online retailer Amazon.com fell 3.1 percent to $250.52.

President Barack Obama is due back in Washington early Thursday for a final effort to negotiate a deal with Congress to bridge a series of tax increases and government spending cuts set to begin next week. The president will leave Hawaii later on Wednesday, arriving in the capital early on Thursday.

The Dow Jones industrial average <.dji> slipped 45.61 points, or 0.35 percent, to 13,093.47. The Standard & Poor's 500 Index <.spx> shed 8.66 points, or 0.60 percent, to 1,418. The Nasdaq Composite Index <.ixic> dropped 23.10 points, or 0.77 percent, to 2,989.50.

Volume was light, with only 1.55 billion shares having traded at midday on the New York Stock Exchange, the Nasdaq and the NYSE MKT. Many senior traders were still on vacation during this holiday-shortened week and major European markets were closed for the day.

Still, Wednesday marked the third day of losses for the S&P 500 in its worst three-day decline since mid-November.

A Republican plan that failed to gain traction last week triggered the S&P 500's recent drop, highlighting the market's sensitivity to headlines centered around the budget talks.

"No one is hitting the panic button yet, and part of that lack of panic selling is the notion that the Street is getting comfortable with the likelihood of a temporary fix for the fiscal cliff - something that gets us over the date of January 1 in a way where it can be re-addressed," said Peter Kenny, managing director at Knight Capital in Jersey City, New Jersey.

During the last five trading days of the year and the first two of next year, it's possible for a "Santa rally" to occur. Since 1928, the S&P 500 has averaged a gain of 1.8 percent during that period and risen 79 percent of the time, according to data from PrinceRidge.

The benchmark S&P 500 Index is up 12.8 percent for the year, and has recouped nearly all of the losses after the U.S. elections when the fiscal cliff concerns moved to the forefront. This is the best yearly gain for the S&P 500 since 2010.

Data showed U.S. single-family home prices rose in October, reinforcing the view that the domestic real estate market is improving, as the S&P/Case-Shiller composite index of 20 metropolitan areas gained 0.7 percent in October on a seasonally adjusted basis.

In the energy sector, China's Sinopec Group and ConocoPhillips will research potentially vast reserves of shale gas in southwestern China over the next two years, state news agency Xinhua reported. Conoco's stock fell 0.8 percent to $57.99.

An outage at one of Amazon.com Inc's web service centers hit users of Netflix Inc's streaming video service on Christmas Eve and was not fully resolved until Christmas Day, a spokesman for the movie rental company said on Tuesday. Netflix rose 0.8 percent to $90.97.

(Reporting by Edward Krudy; Editing by Jan Paschal)

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James leads Heat over Thunder in Finals rematch

MIAMI (AP) — Kevin Durant and Russell Westbrook combined to score 54 points, more than any set of teammates had managed in a game against Miami all season.

Oklahoma City needed them to score at least three more.

That didn't happen, and an NBA Finals rematch went just as last year's title series did — to the Heat.

LeBron James had 29 points, nine assists and eight rebounds, Dwyane Wade scored 21, and the Heat survived a frantic finish to beat the Thunder 103-97 on Tuesday night, a game where Durant and Westbrook both missed potential tying 3-pointers in the final seconds.

"A great game to play," Thunder coach Scott Brooks said, "and a great game to coach."

For the Heat, it was just a little greater.

Mario Chalmers scored a season-high 20 for the Heat, who were 19 for 19 from the foul line, the second-best effort in franchise history behind only a 30-for-30 game in Boston on March 24, 1993. Chris Bosh added 16 points for Miami, which has beaten the Thunder five straight times dating to last June's title series.

"Felt a little bit like a different month," Heat coach Erik Spoelstra said. "Regardless of what your script is coming into the game, when you play this team, it's not going to go according to script. They're too good."

It's the first losing streak of the season for the Thunder, who had been 4-0 after losses. Serge Ibaka and Kevin Martin each scored 15 for Oklahoma City.

The game had a little of everything — a fast start by the reigning champions, a one-handed dunk by James on an offensive rebound that will be added to his copious highlight reel, a scrum after a hard foul that led to double-technicals on Wade and Ibaka early in the fourth, an easy rally by the Thunder from an early double-digit deficit, and even workout partners in Durant and James barking back and forth in the final minutes.

Such was the intensity that James slumped over the scorer's table with 1:08 left, exhausted.

"I'm tired as hell right now," James said — and that was more than an hour after the game ended.

With good reason. On an emotional day, there was a wild finish.

Wade lost the ball on an ill-advised, behind-the-back dribble, and the turnover set up Durant for a two-handed dunk that got the Thunder within 96-95 with 44.1 seconds remaining.

Needing a stop on the next trip, the Thunder instead forgot to play defense. Kendrick Perkins and Ibaka both were confused on the ensuing Miami possession, and Bosh was left alone to take a pass from James and throw down a dunk that restored Miami's three-point edge.

"We went over and helped," Durant said. "We just needed to help on the backside. There was miscommunication but we still had a chance to go into overtime."

Two chances, actually.

Oklahoma City got within one when Durant made a jumper over James, but no closer. Ray Allen's two free throws with 15.6 seconds left made it 100-97, and Miami's last three points came from the line. Durant missed a 3-pointer that James contested, Westbrook wound up with a second chance that Wade defended, and the Thunder guard smacked a nearby table arguing that he was fouled.

"Part of the game," Westbrook said.

While the stars were stars, the Heat got help from one unexpected source. Chalmers was making everything, even unintended plays. Allen lost possession on what looked to be a pass to no one, but Chalmers picked up the bouncing ball on the right wing, whirled and made a 3-pointer — putting Miami up 86-79 with 8:14 left.

In the end, that cushion was necessary.

"I got going early," Chalmers said, "and I stuck with it."

The Heat came out flying, opening a quick 13-2 lead after making six of their first seven shots. About all that didn't go right for the Heat early on was James committing a foul, the first time he was called for a personal since Dec. 8.

It happened 4:03 into the game — 254 minutes and 7 seconds of on-court time since his last one — when James fouled Ibaka on a dunk attempt.

Chalmers had 12 points, matching his season high, in the opening quarter alone, and that was also Miami's lead after his layup for a 15-3 edge. When Durant headed to the bench after being called for his second personal, plus a technical, with 2:08 left in the first, the Heat led 27-16.

But even with Durant out, Oklahoma City scored the last eight points of the quarter, six coming from the line. The Thunder shot 17 of the game's first 18 free throws and finished with a 38-19 edge in tries from the stripe.

The Heat were held to two points in the first 5:05 of the third, and the Thunder grabbed the lead for the first time. Durant connected on a baseline jumper while falling out of bounds and getting fouled by James. The resulting free throw gave Oklahoma City a 58-56 edge.

With that, the back-and-forth began, and Miami found a way.

"Both teams really played up to the billing," Wade said. "An excellent basketball game."

NOTES: James scored at least 20 points for the 30th straight regular-season game and 46th overall. ... Wade is 7-1 on Christmas, and James has won six straight on the holiday. ... Miami's Mike Miller became the 48th active player to reach 10,000 points. ... The Thunder have used the same starting lineup for all 27 games. ... James passed Bernard King for 39th on the NBA career scoring list. ... Attendance was 20,300, the largest crowd for a Heat home game since they moved into AmericanAirlines Arena.

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How MLPs Can Help Investors Tap Into the Booming Energy Industry

Dramatic growth in domestic production of crude oil and natural gas thanks to massive shale plays throughout the nation has opened up a host of opportunities for investors looking to capitalize on the newly invigorated industry.

But getting in on the rising tide of the energy industry doesn’t mean you have to expose your portfolio to a ton of the volatility risk that’s traditionally associated with investing in commodities. According to experts, Master Limited Partnerships (MLPs) can give investors access to the booming energy industry and current income they’re looking for, without adding layers of risk and volatility.

“It’s very clear that the U.S. energy industry undergoing a renaissance as we’ve learned how to tap shale gas and shale oil,” says Jason Stevens, a midstream analyst at Morningstar. “MLPs are installing the plumbing for that boom, and they offer investors a more stable way to play the energy boom than to go out and directly invest in exploration and production companies.”

But many investors might not be familiar with MLPs, and it’s important to know what you’re getting into when you invest in these types of companies. Here’s a look at how to integrate MLPs into your portfolio:

[In Pictures: The 10 Most Popular Mutual Funds of 2012.]

What Is An MLP?

An MLP is a publicly traded company that qualifies as a non-taxable business entity because it derives at least 90 percent of its income from energy-related activities such as the transport, storage, processing, refining, marketing, exploration, production, and mining of natural resources.

“Just think about what’s going on in the Marcellus,” says Greg Reid, managing director of Salient Partners and president and CEO of Salient’s MLP business, referring to the massive deposit of natural gas discovered in Pennsylvania. “How do they get all those raw materials into New York from Pennsylvania? How do you transport all that if they don’t have all the pipelines? Then they use rail, and build pipelines later. That’s where opportunity is.”

While MLPs trade on a stock exchange like traditional corporations, they have a different structure–when you buy an MLP, you actually become a limited partner, or unitholder, rather than a shareholder.

That impacts how MLPs handle taxes. The MLP itself is not subject to corporate taxes. Instead, MLP unitholders are responsible for their individual portions of the MLP’s income, gains, losses, and deductions. While complex, this structure eliminates the double taxation generally applied to corporations.

“It’s messier from a tax standpoint,” Reid admits, cautioning that MLPs should be looked at as a long-term investment because frequently buying and selling MLPs can create more tax complexities. That’s why these types of investments are mainly suited for taxable accounts, and should not be purchased in IRAs or 401(k)s. If you generate more than $ 1,000 in income from these MLPs in those types of accounts, it could create a messy tax liability and a paperwork nightmare.

Still, the competitive yields MLPs offer relative to other asset classes are making them increasingly attractive to all kinds of investors.

Why Should I Consider an MLP?

In today’s low-yield environment, MLPs offer significantly more potential than many other investments. Although as a group, they’ve underperformed the benchmark Standard & Poor’s 500 Index, their long-term returns (over three, five, and 10 years) dwarf most other asset classes, even REITs.

As a group, MLPs yield around 6 to 8 percent a year. Add on a 5 percent projected yearly growth in distributions, and investors are suddenly looking at 11 to 13 percent total return annually.

[Read: How 3 Investing Pros Straddle the Fiscal Cliff.]

“The growth opportunity is as good as I’ve ever seen it,” says Brian Watson, director of research and portfolio manager for Oppenheimer SteelPath. “We all kind of thought we were going to run out of oil and gas, but now it’s become a really lucrative space.”

Watson likes Enterprise Products Partners (symbol: EPD) because it has a very diverse footprint in the industry. From pipelines to natural gas liquids processing, the company has “enviable new growth projects” to look forward to, Watson says. “This is a name that’s providing potential,” he adds. “It’s a risk-reward balance–it’s a company that’s got a bulletproof underlying business, that provides decent growth in a low-risk way.”

Reid also has a couple of favorites in the MLP space, which currently boasts around 90 members with a total market capitalization of more than $ 300 billion. Targa Resources (TRGP) is one promising MLP Reid has his eye on, and not just because it’s yielding around 7.6 percent.

“It’s really cheap and it’s going to grow a lot,” Reid says. “They did an acquisition and their stock fell, but they’re still getting projected returns in the 13 to 15 percent range.” Another favorite of Reid’s is William’s Partners (WPZ), a pipeline company that’s been beaten up a bit this year.

What Are the Risks?

According to Stevens, the specter of massive tax-code reform is the main risk when it comes to MLPs. Currently, the asset class enjoys a structure that allows it to avoid paying corporate taxes and instead pass through the income–and taxes–to unitholders. If that structure is invalidated, MLPs could starting having to pay taxes on their income, which would reduce the cash distributed to unitholders and drive down the stock price.

[In Pictures: The S&P's 10 Worst Trading Days.]

Another byproduct of its structure that could impact investors is that because MLPs do not retain earnings, there’s no “bucket” to finance growth projects. That means MLPs constantly have to come to the market to raise new capital. If markets are down and an MLP can’t access the capital it needs, the growth part of the total return equation would suffer, Stevens says.

“If you take growth off the table, total return prospects aren’t as good and stock prices would quickly reflect that,” he adds.

Finally, though they are billed as a way to dampen the commodity risk associated with investing directly in the oil and gas production industry, MLPs don’t protect investors from everything. Like any investment, those interested in entering the MLP space should do their homework, and find out exactly what sectors of the energy industry the MLP operates in.

“Don’t assume MLPs have no commodity price risk at all,” Watson says. “Some names are taking a fair amount and some aren’t, so it’s important to know what you’re getting into.”

Energy News Headlines – Yahoo! News

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Climate change: No consensus needed

Lake Cachet II in Aysen, Chilean Patagonia, disappeared because of rising temperatures driven by climate change, experts say.

STORY HIGHLIGHTS

• Tseming Yang: Result of Doha climate change conference less than desirable


• Yang: It's time to abandon the myth that a consensus solution is the best approach


• He says the 25 major carbon emitters should work out an agreement among themselves


• Yang: Smaller, focused discussions may be better than large, U.N.-style gatherings

Editor's note: Tseming Yang, former deputy general counsel at the Environmental Protection Agency, is professor of law at Santa Clara University Law School.

(CNN) -- The Doha climate change conference this year was the most significant in nearly 20 years of gatherings under the U.N. Framework Convention process aimed at staving off future global warming disaster.

Since carbon dioxide emission limits agreed to under the 1997 Kyoto Protocol were to expire at the stroke of midnight on December 31, 2012, it was critical that the international community agreed to extend those obligations and to continue talks about future emission cuts.

But the outcome fell far short of what will be necessary to keep the world's average temperature from rising more than 2 degrees Celsius in the foreseeable future.

Under the Doha arrangement, 17 of the 25 biggest carbon emitting countries (including China, the United States, Russia and India) did not commit to any legally binding emission limits. The countries that did agree to extend and deepen their Kyoto emission reductions, including the European Union, Australia and Eastern Europe, make up only about 15% of the world's emissions. That seems like a rather meager return on the investment of time and effort over the past years.

But there is one silver lining.

The world's top 20 carbon emitters together make up about 77% of emission and account for about 4.3 billion people, which is about 62% of the global population. The remaining 170 or so countries account for just over 20% of emissions.

As often is the case, these negotiations over climate have come to symbolize epic David and Goliath struggles pitting poor developing countries against recalcitrant government officials from rich countries. Lobbying efforts, shaming tactics, and staging public demonstrations have been the slingshots of choice. One result is that more people are paying attention to environmental issues.

Nonetheless, it is time to abandon the myth that a consensus solution is necessarily the best approach. The unfortunate reality is that little can get done right now. It's like having hundreds of cooks with hundreds of different recipes attempting to prepare one meal in the same small kitchen. After two decades of hard work, it is time to consider reducing the number of cooks.

A better alternative to a United Nations-style conference would be for the 25 major emitters to come to an agreement just among themselves about their mutual commitments to deal with climate change effectively.

In other words, get the 25 cooks to work together on the main meal. The hundreds of other cooks ought to step out of the kitchen.

Some smaller, focused discussions have already started, such as in the Major Economies Forum. Imagine what kind of deals on cutting emissions would be possible just among China, India and the United States -- the top three emitters in the world respectively. Imagine a deal involving emission sources in China, which has some of the world's most polluting coal-fired power plants, and California, which is on a course to become one of the most stringently controlled states in carbon emissions.

Of course, there are no guarantees for success. But discussions within such a smaller group would allow government leaders to confront the realities of climate change and engage in direct horse-trading without the static of thousands of other voices desiring to load their issues into the deal.

Let's face it -- we are way beyond the time for finding an ideal solution. Every year the world waits to take further concrete steps to cut emissions, the atmosphere will be loaded with millions of tons more carbon dioxide that will stay for a century. And the job of limiting global warming to 2 degrees Celsius will be more out of reach.

At the best, gatherings like the one in Doha dangle a tantalizing mirage of achieving a sustainable future. At the worst, they give cover to governments that would rather avoid the hard choices they ultimately will have to make.

After one more expensive and time-consuming round of talks, it's time to be honest with what can really be accomplished in these U.N.-style gatherings.

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The opinions expressed in this commentary are solely those of Tseming Yang.

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Obama, Congress set for one last effort on 'fiscal cliff'

President Obama is returning to Washington from Hawaii, after cutting his Christmas holiday short. The President is expected in Washington early Thursday to resume Fiscal Cliff negotiations. (Dec. 26)

WASHINGTON/HONOLULU (Reuters) - President Barack Obama is due back in Washington early Thursday for a final effort to negotiate a deal with Congress to avert or at least postpone the "fiscal cliff" of tax increases and government spending cuts set to begin next week.

No specific bill dealing with the cliff was on the schedule of either the U.S. Senate or House of Representatives, which are expected to return on Thursday after the holiday break. In Congress, the corridors were almost empty and the doors to members' rooms were locked.

Investors are closely watching the talks, concerned that going over the cliff could throw the economy into recession. U.S. stocks slipped on Wednesday after retailers reported disappointing holiday sales as shoppers tightened belts possibly due to fiscal cliff worries.

Aides and members of Congress have said that a modest, last-minute measure to avoid the spending cuts and most of the tax hikes could pass the Democratic-controlled Senate if Republicans agree not use a procedural roadblock known as a filibuster, a commitment that Senate Republican leader Mitch McConnell has so far not made.

The legislative focus continues to shift from deficit reduction to averting the immediate shock of the December 31 cliff dive.

"This is the 'Break Glass' scenario that we have long believed would rise in probability the closer we go to December 31, which essentially calls for extending all the rates for those individuals making under $200K and households under $250K and does not address the debt ceiling or the deficit," analyst Chris Krueger of Guggenheim Securities wrote in a research note.

But to win approval in the Republican-controlled House of any bill that raises taxes on anyone, a rare bipartisan vote would be required. All 191 Democrats would have to team with up with at least 26 Republicans to get a majority if the bill included tax hikes on the wealthiest Americans, as Obama is demanding.

Some of those votes could conceivably come from among the 34 Republican members who are either retiring or were defeated in the November elections and no longer have to worry about the political fallout.

JANUARY SCRAMBLE?

In the alternative, Congress could let income taxes go up on everyone as now scheduled and then during the first week of January, scramble and get a quick deal to cut them back except for the highest brackets, along with a measure putting off the $109 billion in automatic spending cuts that most lawmakers want to avoid.

Once the clock ticks past midnight on December 31, no member of Congress would have to vote for a tax increase on anyone - taxes would have risen automatically - and the only votes would be to decrease tax rates for most Americans back to their 2012 levels.

Americans' optimism that Obama and congressional leaders will reach a budget agreement before January 1 has waned in recent days, according to a Gallup poll released on Wednesday. Fifty percent believe a deal will be reached - a drop of 7 percentage points from the previous week - and 48 percent are doubtful. The poll was taken just after talks ran into trouble last week.

Obama and congressional lawmakers left Washington on Friday for the Christmas holiday with negotiations to avert the fiscal cliff in limbo.

The president will cut short his vacation in Hawaii and leave for Washington later on Wednesday, arriving in the capital early on Thursday.

Obama is expected to turn to a trusted Democratic ally, Senate Majority Leader Harry Reid, to help craft a quick deal.

White House aides began discussing details of the year-end budget measure with Senate Democratic counterparts early this week.

Starbucks Chief Executive Howard Schultz is urging workers in the company's roughly 120 Washington-area coffee shops to write "come together" on customers' cups on Thursday and Friday to send a message to sharply divided politicians.

"We're paying attention, we're greatly disappointed in what's going on and we deserve better," Schultz told Reuters.

(Additional reporting by Thomas Ferraro and Richard Cowan in Washington and Lisa Baertlein in Los Angeles; Editing by Eric Beech)

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Syria to discuss Brahimi peace proposals with Russia

BEIRUT (Reuters) - Syrian President Bashar al-Assad sent a senior diplomat to Moscow on Wednesday to discuss proposals to end the conflict convulsing his country made by international envoy Lakhdar Brahimi, Syrian and Lebanese sources said.

Brahimi, who saw Assad on Monday and is planning to hold a series of meetings with Syrian officials and dissidents in Damascus this week, is trying to broker a peaceful transfer of power, but has disclosed little about how this might be done.

More than 44,000 Syrians have been killed in a revolt against four decades of Assad family rule, a conflict that began with peaceful protests but which has descended into civil war.

Past peace efforts have floundered, with world powers divided over what has become an increasingly sectarian struggle between mostly Sunni Muslim rebels and Assad's security forces, drawn primarily from his Shi'ite-rooted Alawite minority.

Deputy Foreign Minister Faisal Makdad flew to Moscow to discuss the details of the talks with Brahimi, said a Syrian security source, who would not say if a deal was in the works.

However, a Lebanese official close to Damascus said Makdad had been sent to seek Russian advice on a possible agreement.

He said Syrian officials were upbeat after talks with Brahimi, the U.N.-Arab League envoy, who met Foreign Minister Walid Moualem on Tuesday a day after his session with Assad, but who has not outlined his ideas in public.

"There is a new mood now and something good is happening," the official said, asking not to be named. He gave no details.

Russia, which has given Assad diplomatic and military aid to help him weather the 21-month-old uprising, has said it is not protecting him, but has fiercely criticized any foreign backing for rebels and, with China, has blocked U.N. Security Council action on Syria.

"ASSAD CANNOT STAY"

A Russian Foreign Ministry source said Makdad and an aide would meet Foreign Minister Sergei Lavrov and Mikhail Bogdanov, the Kremlin's special envoy for Middle East affairs, on Thursday, but did not disclose the nature of the talks.

On Saturday, Lavrov said Syria's civil war had reached a stalemate, saying international efforts to get Assad to quit would fail. Bogdanov had earlier acknowledged that Syrian rebels were gaining ground and might win.

Given the scale of the bloodshed and destruction, Assad's opponents insist the Syrian president must go.

Moaz Alkhatib, head of the internationally-recognized Syrian National Coalition opposition, has criticized any notion of a transitional government in which Assad would stay on as a figurehead president stripped of real powers.

Comments on Alkhatib's Facebook page on Monday suggested that the opposition believed this was one of Brahimi's ideas.

"The government and its president cannot stay in power, with or without their powers," Alkhatib wrote, saying his Coalition had told Brahimi it rejected any such solution.

While Brahimi was working to bridge the vast gaps between Assad and his foes, fighting raged across the country and a senior Syrian military officer defected to the rebels.

Syrian army shelling killed about 20 people, at least eight of them children, in the northern province of Raqqa, a video posted by opposition campaigners showed.

The video, published by the Syrian Observatory for Human Rights, showed rows of blood-stained bodies laid out on blankets. The sound of crying relatives could be heard in the background.

The shelling hit the province's al-Qahtania village, but it was unclear when the attack had occurred.

STRATEGIC BASE

Rebels relaunched their assault on the Wadi Deif military base in the northwestern province of Idlib, in a battle for a major army compound and fuel storage and distribution point.

Activist Ahmed Kaddour said rebels were firing mortars and had attacked the base with a vehicle rigged with explosives.

The British-based Observatory, which uses a network of contacts in Syria to monitor the conflict, said a rebel commander was among several people killed in Wednesday's fighting, which it said was among the heaviest for months.

The military used artillery and air strikes to try to hold back rebels assaulting Wadi Deif and the town of Morek in Hama province further south. In one air raid, several rockets fell near a field hospital in the town of Saraqeb, in Idlib province, wounding several people, the Observatory said.

As violence has intensified in recent weeks, daily death tolls have climbed. The Observatory reported at least 190 had been killed across the country on Tuesday alone.

The head of Syria's military police changed sides and declared allegiance to the anti-Assad revolt.

"I am General Abdelaziz Jassim al-Shalal, head of the military police. I have defected because of the deviation of the army from its primary duty of protecting the country and its transformation into gangs of killing and destruction," the officer said in a video published on YouTube.

A Syrian security source confirmed the defection, but said Shalal was near retirement and had only defected to "play hero".

Syrian Interior Minister Mohammed Ibrahim al-Shaar left Lebanon for Damascus after being treated in Beirut for wounds sustained in a rebel bomb attack this month.

(Additional reporting by Laila Bassam; Writing by Alistair Lyon; Editing by Andrew Osborn)

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Yen on defensive on U.S. fiscal worry, helps Nikkei

TOKYO (Reuters) - Uncertainty over whether U.S. lawmakers will strike a deal by an end-of-year deadline to avert a severe fiscal retrenchment undermined the yen and bolstered Japanese shares on Tuesday in low volume, with many participants away on Christmas holiday.

The dollar rose to a 20-month high of 84.965 yen early on Tuesday in Asia, as Japanese markets caught up with global investors who had reacted overnight to incoming Japanese Prime Minister Shinzo Abe's weekend comments that raised the pressure on the Bank of Japan.

During a meeting on Tuesday with officials from Japan's major business lobby, Keidanren, Abe reiterated calls on the BOJ to conduct bold monetary easing to beat deflation by setting an inflation target of 2 percent.

The head of Abe's coalition partner said on Tuesday the coalition party and Abe had agreed to set a 2 percent inflation target and compile a large stimulus budget to help the economy return to growth and overcome deflation.

The yen has come under pressure as a result of expectations that the BOJ will be compelled to adopt more drastic monetary stimulus measures next year.

The dollar was expected to stay firm this week as investors repatriate dollars, and as the U.S. fiscal impasse is likely to continue to sap investor appetite for risky assets and raise the dollar's safe-haven appeal.

"The dollar is seen relatively well bid, with all focus on the fiscal cliff," said Yuji Saito, director of foreign exchange at Credit Agricole in Tokyo.

"Negotiations may be carried over the weekend, but markets still expect a deal to be struck by December 31. It is unthinkable that the U.S. will risk driving its economic growth sharply lower by not agreeing to avoid it."

U.S. lawmakers and President Barack Obama were on Christmas holiday and talks were unlikely to resume until later in the week.

House of Representatives Speaker John Boehner failed to gain support for a tax plan at the end of last week, raising fears that the United States may face the "fiscal cliff" of some $600 billion in automatic spending cuts and tax increases set to start on January 1.

Japan's Nikkei stock average <.n225> resumed trading after a three-day weekend with a 1.1 percent gain, recapturing the key 10,000 mark it ceded on Friday after Boehner's failure sparked a broad market sell-off and the Tokyo benchmark closed down 1 percent. The Nikkei was likely to be supported as long as the yen stayed weak. <.t/>

"Ongoing optimism about the weak yen is lifting hopes that exporters' earnings will be better than expected," said Hiroichi Nishi, general manager at SMBC Nikko Securities.

Analysts say a near-term correction may be possible as the index is now in "overbought" territory after gaining 16.2 percent over the last six weeks, hitting a nine-month high last Friday. Its 14-day relative strength index was at 72.34, above the 70 level that signals an overbought condition.

MSCI's broadest index of Asia-Pacific shares outside Japan <.miapj0000pus> nudged up 0.1 percent, driven higher by surging Shanghai shares, as most Asian bourses were shut for Christmas.

The Shanghai Composite Index <.ssec> soared over 2 percent to five-month highs as investors bought property stocks on mounting optimism about the sector. Taiwan shares <.twii> jumped 1.3 percent on gains in technology and financial shares.

Asset performance in 2012: http://link.reuters.com/muc46s

2012 commodities returns: http://link.reuters.com/faz36s

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U.S. HOLDS 2013 KEY

Goro Ohwada, president and CEO at Japan-based fund of hedge funds Aino Investment Corp, said investors were likely to focus on economic fundamentals and the United States for cues on investment direction in 2013.

"There is a feeling that an investment strategy based on economic fundamentals may finally work next year, with asset prices more closely reflecting fair value. The problem is, we don't know yet which asset is a better bet than others," Ohwada said, adding that oil and gold appeared to be near their highs.

Naohiro Niimura, a partner at research and consulting firm Market Risk Advisory, said commodities and energy prices will likely move in tight ranges in 2013, with investors eyeing political events, including the U.S. fiscal cliff outlook, Italian parliamentary election set for February 24-25, and Germany's elections in September.

"The macroeconomic policies taken this year around the world to support growth are expected to result in a moderate recovery in 2013 to reduce an excessive downside risk to prices. This will likely keep commodities, gold and energy prices near their highs," Niimura said.

(Additional reporting by Ayai Tomisawa in Tokyo; Editing by Edmund Klamann and Daniel Magnowski)

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