wrestling / Columns

The Hamilton Ave Journal 10.04.08: Volume 1 – Issue 54

October 4, 2008 | Posted by JP Prag

THE HAMILTON AVE JOURNAL
By JP Prag

Volume 1 – Issue 54

ABOUT THE JOURNAL

The Hamilton Ave Journal is the only wrestling news report focused solely on the business of wrestling. Here in the Journal we not only look at the stories that are important to the investor and business-minded person, but also delve deeper into stories that most fans of wrestling would overlook. That is because the Journal is about getting the heart of the matters that affect the companies and outlooks of the wrestling world.

And where is Hamilton Ave? That is the location of the WWE Production Studio in Stamford, CT, and thus the most powerful place in the wrestling world. Besides, The East Main Street Journal just does not have the right ring to it.

Who am I? I am JP Prag: consultant, entrepreneur, businessman, journalist, and wrestling fan.

Now, ring the bell because the market is open.

The Hamilton Ave Journal

WHAT’S NEWS

The Journal’s front page area known as What’s News isn’t just about telling you what has happened. The stories in this section are about what will have an effect on the wrestling industry, individual federations, and the wallets of the fans.

LEAD STORY: WWE tries to dismiss Employee lawsuit

As covered by the Journal for many weeks, a class-action lawsuit is underway against the WWE to recognize contracted workers not as “independent contractors” but as “employees”. As such the “employees” would be guaranteed certain rights including workman’s compensation, disability, and lower personal taxes. On the other end, the WWE would have to pay a higher tax rate and follow certain employment laws. The employees would not be guaranteed any benefits outside of the core government requirements, but some believe the WWE will give other benefits in time like health insurance and retirement plans. No lawsuit could bring about these other benefits, but that is not the main goal of this case. Instead, it is to establish the basic rights of employees as outlined by the IRS and laws of the United States.

The WWE this week has file a Motion to Dismiss. In other words, the WWE wants the case completely thrown out. Their reasons for doing so are outlined below in italics (as listed by PWInsider):

  • Their complaint failed to “state a claim upon which relief can be granted.”
  • The lawsuit asks for no specific compensation and asks the courts to determine what, if anything, the plaintiffs are owed. The courts could decide that they are owed nothing from the WWE but that the WWE does owe the Federal government.

  • Their claims were barred by “applicable statues of limitations.”
  • The WWE claiming too much time has past since Scott Levy, Mike Sanders, and Chris Kanyon were working for the WWE. They claim that they are well within any timeframe to sue and also include current contracted wrestlers in the WWE today.

  • Their claims were a “impermissible attempt” to circumvent federal and state tax laws, with WWE claiming “neither [law] grants a private right of action.”
  • The WWE is saying that if they have misclassified their contracted workers it is not up to an individual or class-action to sue, but up to the state and federal government to take action. The WWE is stating that they have no grounds to take this upon themselves.

  • Their claims are “preempted by the Employee Retirement Income Security Act.”
  • Again, this is a claim that a federal government should be undertaking an action like this, not individuals or class-actions.

  • Levy, Sanders and Klucarits failed to “exhaust administrative remedies.”
  • The WWE believes that there were other internal to the company methods to resolve this situation that were not attempted. This is not a requirement of law.

  • The trio “lack standing” to assess punitive claims on behalf of other class members (WWE contracted performers).
  • The WWE believes that this cannot be a class-action because these three do not represent the others. This is another attempt to show that they do not have a standing in this case and that they are beyond any statute of limitations.

    The lawyers and plaintiffs have until October 20, 2008 to file a response or to ask for more time to file a response. They may want to take the time to fully review all of the WWE’s claims. The WWE has a much stronger and prepared law department and Scott Levy, et al. would be best served to take as much time as necessary to prepare for such an undertaking.

    TNA going live

    For the second time ever, TNA will air live on Spike TV on Thursday October 23, 2008 at 9pm. In a first for the show as well, it will air from a venue outside of the iMPACT Zone in Orlando, FL and instead emanate from “The Joint” at the Hard Rock Hotel on the strip in Las Vegas, NV.

    This live show came at the request of Spike TV which has been looking for TNA to do more live broadcasts. Some are reporting that this will also be the first broadcast in HD. While doing an occasional live event is more than in line with TNA’s capabilities, doing an event in HD live may not be the best option. Still, this was the same rumor that went around the last time TNA has a live show, so it is most likely without warrant. When TNA does switch to HD, it would best be in a test environment they can control—the second week tapings in Orlando to give them the most time to work on it.

    WWE still going strong

    With American financial markets in turmoil, the WWE sent out the following press release:

    The 9.4 % dividend yield on WWE stock is 300% higher than the S&P average. Given its strong balance sheet and cash generative businesses, WWE feels confident it can fund the dividend for the long term. The WWE considers itself a safe harbor in the current volatile marketplace. The popularity of WWE brands continue to accelerate while consistently providing the best value in entertainment.

    The WWE is correct in the facts that they are cash positive, have a strong balance sheet, and do have a dividend far beyond the market average. That said, the WWE is not immune to the financial situation. Their margins have been shrinking on rising costs and lower sales of core products such that the dividend actually outpaces the income. Also, a lot of cash has been moving to other projects including WWE Studios, international expansion, and new media productions. So while the WWE is in fine financial condition, they are not in the best condition they have ever been in nor the condition that they portend to be.

    But to show the WWE’s point on their performance versus the S&P 500, here is the current stock results:

    WWE vs. S&P 500

    Newsbites

    Some items of note in the rest of the wrestling business world:

  • After months of trying, WWE development territory FCW has finally landed a TV deal. The show will air Sundays at 6pm starting October 5, 2008 on the Brighthouse Sports Network, which is only available to Brighthouse Cable subscribers in Florida (Central Florida Orlando / Daytona Beach area and Tampa Bay area). The show has been taping for nearly two months, so it is unknown if they will air the most recent television tapings on Sunday or the first show that was taped.
  • All Japan Pro-Wrestling is apparently in some financial difficulty. Owner Keiji Mutoh has been meeting with several potential financial sponsors, but all signs point to a potential sale. Competitive organizations in Japan may not have enough cash on hand for such a purchase, but a private owner (much like how Panada Energy owns TNA) remains a possibility. WWE also maintains an office in Japan, but it is more likely they will want to continue to expand their own brand in Japan and not add another.
  • The robe Ric Flair wore on his way to the ring for his last match at WrestleMania has been donated to the Smithsonian and will be on display in the Pop Culture section of the museum. This is the first piece of professional wrestling memorabilia ever on display in the Smithsonian.
  • Wrestling is appearing in multiple new formats. Already on the docket are Hulk Hogan’s Celebrity Championship Wrestling on CMT and the movie “The Wrestler” which will be released on December 19, 2008. On the heals of these movements, Norman Lear (All in the Family, Sanford and Son, The Jeffersons, Good Times) and Aaron Blitzstein (writer and former Vice President of Marketing for WCW) will create a show for HBO called “Everybody Hurts”. Few details are available, but it will be set in the world of 1970’s wrestling and focus on a promoter family and their wrestlers in New York.

    MARKETPLACE

    In the Marketplace we look at the trends in television ratings. This section is less for critical analysis by the Journal but more for the reader to see what is really going on and to draw their own conclusions.

    As with stocks, here in the Journal we track the progress of television ratings. If ratings are the barometer by which we judge the product, then over the course of 52 weeks we should be able to see patterns, trends, and anomalies. Please note that gaps in the chart below are due to data not being released/available.

    For the week ending Thursday October 2, 2008, here are the current standings of our shows:

    Ratings

    RAW
    Close (This Week’s Rating): 3.1
    Open (Last Week’s Rating): 3.1
    Percentage Change: UNCH
    52-Week High: 4.1
    52-Week Low: 2.5
    All Time High: 8.1
    All Time Low: 1.8

    SmackDown*
    Close (This Week’s Rating): 2.4
    Open (Last Week’s Rating): 2.3
    Percentage Change: ▲ 4.3%
    52-Week High: 2.9
    52-Week Low: 1.6
    All Time High: 5.8
    All Time Low: 1.0

    * SmackDown! ratings may include fast overnight if final ratings are not posted. Also, SmackDown! ratings are for the prior week as overnights are not available before this article goes to print.

    ECW
    Close (This Week’s Rating): 1.2
    Open (Last Week’s Rating): 1.2
    Percentage Change: UNCH
    52-Week High: 1.6
    52-Week Low: 0.6
    All Time High: 2.3
    All Time Low: 0.6

    TNA iMPACT**
    Close (This Week’s Rating): 1.1
    Open (Last Week’s Rating): 1.1
    Percentage Change: UNCH
    52-Week High: 1.2
    52-Week Low: 0.9
    All Time High: 1.2
    All Time Low: 0.6

    ** TNA iMPACT’s are for the prior week as ratings may not be available at the time of the Journal’s posting

    Analysis:

    After months of volatility, the ratings actually completely calmed down this week with virtually no changes on any of the shows (save a 0.1 shift on SmackDown). Are the ratings settling in to their norms for a while, or is this just the quiet before the storm? Also, TNA is again in striking distance of overtaking ECW, though not by their own growth. As with last time, ECW’s ratings have dipped enough that if iMPACT can make a slight gain they can overtake the show on some weeks. And although last week’s projections put iMPACT close to the 1.2 range by the end of the year as an average, that is not enough to get over the hump and beat ECW consistently, nonetheless grow naturally.

    MONEY AND INVESTING

    We all know that wrestling is a business, but we don’t often pay attention to what sells and makes money. Money and Investing looks into the top selling items in the world of wrestling and any interesting figures that may have come out this week.

    What are the top ten selling items for the WWE? From WWEShopZone.com:

    1. Hardys Purple Logo Pendant ($10)
    2. D Generation X Anytime Anywhere Sweatshirt ($40, on sale $12.98)
    3. Jeff Hardy 2008 YOUTH Halloween Package ($84.49, on sale $43.99)
    4. Shawn Michaels Creation Sweatshirt ($40, on sale $12.98)
    5. Stone Cold Steve Austin Destroyed That Sweatshirt ($40, on sale $12.98)
    6. Jeff Hardy 2008 Halloween Package ($87.49, on sale $46.99)
    7. John Cena Beware of Dog Sweatshirt ($40, on sale $12.98)
    8. WWE Black Gift Bag ($3)
    9. Undertaker Smoke Sweatshirt ($40, on sale $12.98)
    10. Triple H Grey Skull Sweatshirt ($40, on sale $12.98)

    And the clearance sale continues! 80% of the Top Ten consisted of items that were discounted, thus hurting bottom line margins. Additionally, 80% of the items were under $13, making this one of the lowest per item average of any Top Ten list. Overall, the WWE is making sales and clearing out old inventory, but the old inventory is dominating sales. For one week this would not be that large of an issue, but this has been going on for a month. And what are the new items that the WWE is releasing to counter this and start new sales? Diva cell phone socks, of course.

    This past week, TNA has upgraded their shop site to a new format. Although sharper and easier to navigate, the new site lost the ability to search for the Top Ten sellers. There is a list of Top Six best sellers, but this is an all-time list and not a weekly update. The Journal will be speaking with the ShopTNA.com team to see if a new list can be produced and apologizes for the lack update this week.

    PERSONAL JOURNAL

    Wrestling isn’t just about watching and reading. The best way to be a wrestling fan is to experience it live. Where is wrestling coming to in the next 2 weeks? The Personal Journal answers that question.

    Sunday Monday Tuesday Wednesday Thursday Friday Saturday

    5 (Oct)

  • WWE No Mercy (Portland, OR)
  • TNA Live (Plattsburg, NY)
  • 6

  • RAW (Seattle, WA)
  • 7

  • SmackDown / ECW (Spokane, WA)
  • 8 9 10

  • TNA Live (Davenport, IA)
  • 11

  • RAW Live (Reno, NV)
  • TNA FanFest (Chicago, IL)

  • 12

  • TNA Bound for Glory (Chicago, IL)
  • RAW Live (San Bernardino, CA)
  • 13

  • RAW (Anaheim, CA)
  • 14

  • SmackDown / ECW (Las Vegas, NV)
  • TNA iMPACT (Orlando, FL)
  • 15

  • TNA iMPACT (Orlando, FL)
  • 16

  • RAW Live (Arecibo, PR)
  • SmackDown / ECW Live (Monterrey, Mexico)
  • 17

  • RAW Live (Ponce, PR)
  • SmackDown / ECW (Monterrey, Mexico)
  • 18

  • RAW Live (San Juan, PR)
  • SmackDown / ECW Live (Mexico City, Mexico)
  • Do you know a wrestling event coming up? Send one in to The Hamilton Ave Journal and we’ll be sure to add it to the list.

    EDITORIALS

    The Editorials section is designed for you, the readers, to respond to the views presented in the Journal, send an important news item, or talk about another overlooked business related item in wrestling. Just beware: the Journal reserves the right to respond back.

    From the commentary section last week, Guest#6413 wanted to talk about how at risk the wWE was in 1997:

    It’s just a little hard to believe they’d risk going out of business on something that could have failed or only been somewhat successful.

    From what I’ve been able to find, WWE was beginning to improve business before the Tyson deal.

    Source: Wrestling Observer Newsletter

    April 1994 – March 1995
    Earnings: $87,352,000
    Loss of $4,431,000

    April 1995 – March 1996
    Earnings: $85,815,000
    Profit of $3,319,000

    April 1996 – March 1997
    Earnings: $81,863,000
    Profit of $6,505,000

    April 1997 – March 1998
    Earnings: $126,231,000
    Profit of $8,466,000

    The WWE was, no doubt, beginning to improve business before the involvement of Tyson. Though these numbers are suspect (the WWE was a private company and released those numbers as part of their prospectus in 1999 for going public) they represent what was most likely going on. The loss turned into profit in 1996 was mostly through cost cutting (layoffs, closing of facilities, smaller tours, lower contracts, etc…), but in 1996/1997 business was genuinely improving. That said, the Tyson deal not only cost millions of dollars that the WWE did not have on hand and had to use their line of credit to pay, but could have backfired. Although the WWE ended profitable for the year, if Tyson’s involvement did not bring in new viewers and instead drove away viewers and buyrates, the story would be completely different.

    Another no-name feedback person in Guest#2969 also wanted to chime in on the subject:

    Vince claimed he couldn’t pay Bret Hart (who hated the direction of the product and was vocal about it) around $1,000,000 a year even though business was better than it was when that figure was agreed upon by WWE and Bret. Then a month after Bret leaves, WWE offers Tyson around $5,000,000 for a few appearances.

    The financial situation wasn’t great like it would become but the company almost going out of business seems like a stretch after WWE had survived years much worse than 1997 was.

    The company was still on precarious ground. You cannot look at one year and say that is the be-all-end-all. In order to survive the prior few years and pay Tyson, the WWE took on a large amount of debt. Although the official reason for the public offering in 1999 was to raise capital to expand WWF.com and upgrade the production facilities on Hamilton Ave in Stamford, CT, that hardly totals $172.5 million. The WWE was still carrying a large amount of expensive debt and needed to get a lot of it off the books. The carrying costs of debt are much more expensive then equity, and the WWE successfully converted those issues and has not looked back since.

    On another subject related to the WWE was the low attendance for their recent PPV. King chimes in with:

    I am extremely disappointed in this Quicken Loans Argument. You are very good with research and I am shocked that you have not pointed out the MAIN reason why that arena was so empty and why they sold out a TV taping there months ago.

    The Cleveland Browns were heavily hyped going into their home opener on the very same day…. against Dallas!!

    Except for the fact that the Journal did cover that point several weeks prior, which is why it was not covered again last week. Instead, the Journal just wrote in last week’s issue “perhaps there were too many things going on that day already” to cover that point. Although that may not be as specific as you would care for, but this story is now a month old and there is no need to rehash every exacting detail that is already documented.

    As for your question on why the WWE would schedule against such an important football game, it has to do with scheduling. The WWE booked the venue and the arena before the NFL finished their schedule for the year. The WWE was basically stuck with the arena and decided to take their chances rather than move the venue.

    Off this subject and on to merchandise, Brett wants to know:

    I was hoping you could shed some light on something for me. WWE has a brand of shirts called “top rope” luxury apparel, and they are more expensive. What’s the deal?

    The WWE is attempting to diversify their products and come in with some higher margin items. These two-sided t-shirts cost about $45 each and are in the “Ed Hardy” vein of designer t-shirts. The WWE tries to market to many different segments and one of the growth areas right now is designer t-shirts. Although more goes into creating these shirts (pre-washing, better material, additional printing), they are still essentially t-shirts with much higher margins.

    Moving from merchandise to ratings, yet another no-named Guest#7872 says:

    To think TNA is going from their current 1.0’s to pushing 1.2, an obvious near 20% increase, by December, is very obviously merely wishful thinking.

    They’ve been very stagnant at that 1.0 figure for just about the whole time they’ve been on Spike now and nothing they’ve done to get new viewers has worked. Why would they get new viewers now?

    random responded with this point:

    Well they have got a 1.2 several times at one point a few weeks in a row so a 1.2 average is possible.

    Yes, we are not talking about getting a 1.2 every week, but for a while they were close to that average. In January 2008 TNA averaged a 1.17, so the projection for December 2008 is a 1.18. That is not much of a growth but pretty much in line with where they were at the beginning of the year. TNA also averaged near a 1.1 until mid-April when ratings dipped. Despite the dip in ratings, they have recovered greatly during a traditional down time for TNA, making it seem like they are actually in a growth time. Reaching just shy of a 1.2 average before the end of the year is not only plausible, but actually a point that TNA was at just a 9 months ago.

    Plenty more was written, so be sure to take a look. And of course, a week would not be complete without a good dose of JP Prag’s own HIDDEN HIGHLIGHTS!!

    CLOSING BELL

    This concludes Issue #54 (Volume 1) of THE HAMILTON AVE JOURNAL. Join us next week as we get ready to ring the bell again.

    Till then!

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    JP Prag