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U.S. stock futures were lower this morning on fear Tropical Storm Gustav's path may pose a threat to refinery activity along the Gulf of Mexico coastline and some would have to shut down. Indeed, oil prices rose to above $117 a barrel Wednesday. Also in focus today is the upcoming durable goods order to be reported before the opening bell. Meanwhile, the FDIC is considering borrowing funds from the Treasury, amid an expected wave of bank failures. Nine banks have failed so far this year, and the number of troubled U.S. banks rose 30% to 117 in the second quarter.
[Update: Futures turned positive after durable goods unexpectedly gained.]

Fannie Mae (NYSE: FNM) and Freddie Mac (NYSE: FRE), which stocks jumped big Tuesday, both had several ratings cut by Standard & Poor's. Still, both stocks seem to continue their climb in premarket with Fannie shares up 7.5% and Freddie's up 10%. At least two analysts, from Citigroup and Goldman said Tuesday the situation isn't as bad as it may seem.

From financials to toys: A federal jury awarded Mattel Inc. (NYSE: MAT) $100 million in damages on Tuesday in a federal copyright lawsuit against MGA Entertainment Inc., the maker of the saucy Bratz dolls.

Moving to pharmaceuticals, Amylin Pharmaceuticals Inc. (NASDAQ: AMLN) and Eli Lilly & Co. (NYSE: LLY) shares are down 10% and 1% respectively in premarket trading after four more patients taking their Byetta diabetes medication have died. Baird downgraded Amylin from Buy to Neutral and cut its price target from $37 to $27. Soleil downgraded AMLN from Hold to Sell.

Albany Molecular Research (NASDAQ: AMRI) provides contract services to pharmaceutical and biotechnology companies. The firm offers drug discovery, screening programs, libraries for screening and hit-to-lead programs, and analytical quantification of drugs and metabolites in biological samples. The company also conducts its own research, aiming to license its compounds to other firms for further development. Albany Molecular owns a patent for fexofenadine HCl, the key ingredient in Sanofi-Aventis' (NYSE: SNY) antihistamine Allegra.

The company pleased investors last week, when it reported Q2 EPS of 24 cents and revenues of $57.9 million. Analysts had been looking for ten cents and $51.8 million. The CEO noted that submission of a Canadian Clinical Trial Application by partner Bristol-Myers Squibb (NYSE: BMY) triggered a milestone payment to Albany that reflected well on the value of the company's strategic technology platform. Management also guided Q3 EPS to 8-10 cents (seven cent consensus) and FY08 EPS to 48-52 cents (38 cent consensus).

Bristol-Myers Squibb (NYSE: BMY) has made a $60 a share offer for the part of ImClone (NASDAQ: IMCL) that it does not already own. ImClone chairman Carl Icahn does not think tha$60 is high enough, despite ImClone trading below $40 in June. The offer seems like a pretty good deal, and since BMY owns 17% of ImClone , there is not likely to be another bidder.

According to The Wall Street Journal, ImClone's board appointed a committee to review last week's $60-a-share offer, but the biotechnology company said the board's "preliminary view is that offer substantially undervalues ImClone."

Icahn should take the money and run. Bristol-Myers clearly has the option to withdraw its bid and watch the stock drop back to $45. Holders of ImClone stock would likely get POed at Icahn, and is it any wonder?

It is not a perfect match, but the ImClone negotiations are starting to shape up the way Microsoft's (NASDAQ: MSFT) talks with Yahoo! (NASDAQ: YHOO) did. Microsoft needed Yahoo! for its internet strategy. No other company was going to pay a large premium for the portal's shares. When Microsoft walked away, Yahoo!'s share lost a third of their value.

Icahn has a history of pushing for a better deal. His batting average on recent investments is hardly perfect. He is not doing anyone, including himself, any favors by fighting with Bristol-Myers.

Douglas A. McIntyre is an editor at 247wallst.com.

In the News:
4 Companies With Strong Cash Flow
These four are in a good position to withstand the slowing economy. They include Boeing, IBM, Johnson & Johnson and VF Corp.
Four Companies With Strong Cash Flow - SmartMoney.com

Securing Your Dream Retirement
Planning for retirement takes as much time as planning a vacation. Plan the ultimate vacation. The key is making the right choices. Here is your guide to put you on the right path.
Control your destiny - Bankrate.com

Airlines Sell Frequent-Flier Miles for Fast Cash, Travelers Be Wary
Airlines searching for extra cash to survive their deepening financial crisis are finding out just how valuable their frequent-flier programs really are. Travelers, however, could see the value of their frequent-flier miles eroded by such deals, especially since all those extra miles will be hitting the market as airlines begin shrinking capacity dramatically.
Airlines sell frequent-flier miles for fast cash - USATODAY.com
In the News: Delta Redoes Mileage Plan for Its Fliers

Bristol-Myers Squibb (NYSE: BMY) shares are falling today after the Pharmaceutical Research and Manufacturers of America announced that effective January 1, 2009, drug-company sales representatives will no longer be allowed to give doctors free gifts or pay for restaurant meals on sales calls. This might result in BMY and other drugmakers having a tougher time selling their wares. If you think this stock won't be rising too far in the coming months, then it could be a good time to look at a bearish hedged play on BMY.

After hitting a one-year high of $32.35 last July, the stock hit a one-year low of $19.43 in June. This morning, BMY opened at $21.26. So far today the stock has hit a low of $20.71 and a high of $21.30. As of 12:20, BMY is trading at $20.86, down 64 cents (-3.0%). The chart for BMY looks neutral but improving, while S&P gives the stock a positive 4 STARS (out of 5) buy rating.

For a bearish hedged play on this stock, I would consider a December bear-call credit spread above the $25 range. A bear-call credit spread is an options position that combines the purchase and sale of call options to hedge risk in case the stock doesn't do what you think but still leverage nice returns. For this particular trade, we will make an 11.1% return in five months as long as BMY is below $25 at December expiration. Bristol-Myers would have to rise by more than 19% before we would start to lose money. Learn more about this type of trade here.

BMY hasn't been above $25 since January and has shown resistance around $22 recently. This trade could be risky if the company's earnings (due out on 7/24) are a positive surprise, but even if that happens, this position could be protected by resistance BMY might find at its 200 day moving average, which is currently around $24.50 and falling.

Brent Archer is an options analyst and writer at Investors Observer.

DISCLOSURE: Mr. Archer owns and/or controls diversified portfolios of long and short stock and option positions that may include holdings in companies he writes about. At publication time, Brent neither owns nor controls positions in BMY.

EMCOR Group (NYSE: EME) plans, installs, operates and maintains the systems that create facility environments. These include installations for power generation, power distribution, lighting, security, communications, plumbing, waste treatment, heating, ventilation, refrigeration and air-conditioning. The firm also provides facilities management and maintenance support. It serves commercial, industrial and institutional clients such as Bristol-Myers Squibb (NYSE: BMY) and Wachovia Corporation (NYSE: WB). Johnson Controls (NYSE: JCI) is a major competitor.

The Street was surprised last week, when EMCOR guided FY08 EPS from $2.08-$2.28 to $2.22-$2.42 and FY08 revenues from $6.3-$6.5 billion to $6.8-$7.0 billion. Analysts had been looking for $2.31 and $6.76 billion. The CEO cited "solid order activity" and a "strong contract backlog" for the favorable view.

Bristol-Myers Squibb (NYSE: BMY) shares are trading higher today after a Bernstein analyst wrote that BMY might be a takeover candidate, one day after the company announced it has completed its $234.6 million acquisition of Kosan Biosciences. If you think that the stock won't fall by too much in the coming months, then now could be a good time to look at a bullish hedged trade on BMY.

After hitting a one-year high of $32.35 in July, the stock hit a one-year low of $19.43 last week. BMY opened this morning at $20.06. So far today the stock has hit a low of $20.00 and a high of $20.60. As of 12:50, BMY is trading at $20.45, up 78 cents (4.0%). The chart for BMY looks bearish and steady, while S&P gives the stock a positive 4 STARS (out of 5) buy rating.

For a bullish hedged play on this stock, I would consider a September bull-put credit spread below the $17.50 range. A bull-put credit spread is an options position that combines the purchase and sale of put options to hedge risk in case the stock doesn't do what you think but still leverage nice returns. For this particular trade, we will make an 11.1% return in just three months as long as BMY is above $17.50 at September expiration. BMY would have to fall by more than 14% before we would start to lose money. Learn more about this type of trade here.

BMY hasn't been below $19.40 at all in the past year and has shown support around $19.50 recently. This trade could be risky if the company's earnings (due out on 7/24) disappoint, but even if that happens, this position could be protected by the support the stock might find from bargain hunters looking for defensive stocks.

Brent Archer is an options analyst and writer at Investors Observer.

DISCLOSURE: Mr. Archer owns and/or controls diversified portfolios of long and short stock and option positions that may include holdings in companies he writes about. At publication time, Brent neither owns nor controls positions in BMY.

MOST NOTEWORTHY: Wright Medical, Bristol-Myers and Tibco were today's noteworthy upgrades:

• Thomas Weisel upgraded shares of Wright Medical (NASDAQ: WMGI) to Overweight from Market Weight after transferring coverage to another analyst, as they believe the company is well-positioned for continued good near-term performance.
  
• Bernstein upgraded Bristol-Myers (NYSE: BMY) to Outperform from Market Perform citing valuation, growth, and views the company as a potential M&A target.
  
• Jefferies upgraded Tibco (NASDAQ: TIBX) to Hold from Underperform as they believe investor expectations for a buyout will keep the stock steady despite the company's deteriorating fundamentals.

OTHER UPGRADES:

• Independent Bank (NASDAQ: IBCP) was raised to Perform from Underperform at Oppenheimer.
  
• Brinker (NYSE: EAT) was raised at Goldman to Neutral from Sell.
  
• Piper upgraded The9 (NASDAQ: NCTY) to Buy from Neutral.

Credit Suisse downgraded Nokia (NYSE:NOK) from "outperform" to "neutra", according to Briefing.com. The news service also reports that Bernstein upgraded Bristol-Myers (NYSE:BMY).

McAfee (NYSE:MFE) was started as "outperform" at R.W.Baird, according to Briefing.com. The financial website also reports that Motorola (NYSE:MOT) was started as "underperform" at Credit Suisse.

Alkermes (NASDAQ: ALKS) is a biotechnology company that makes extended-release products for the treatment of chronic diseases. The firm developed and manufactures Vivitrol, a treatment for alcohol dependence that partner Cephalon (NASDAQ: CEPH) markets in the United States. It also makes Risperdal Consta, a long-acting version of Janssen's schizophrenia medication Risperdal. Alkermes' pipeline includes extended-release injectable, pulmonary and oral products for the treatment of central nervous system disorders, addiction and diabetes. Bristol-Myers Squibb (NYSE: BMY) and Johnson & Johnson (NYSE: JNJ) are competitors.

The firm pleased investors earlier in the week, when it expanded its stock repurchase program by $40 million. Management also guided FY09 EPS to 11-16 cents and FY09 revenues to $200-$225 million. Analysts had been looking for a 10 cent per share loss and $194.89 million. Fiscal year cash flow from operations was expected to total $25-$30 million, as compared to an original $1-$5 million estimate.

Monday, June 9

• The Pediatric Ethics Subcommittee of the Pediatric Advisory Committee will meet at 8:30 am to discuss the application of 21 CFR 50.52 (Clinical investigations involving greater than minimal risk but presenting the prospect of direct benefit to individual subjects) to FDA-regulated research. The discussion will be illustrated with hypothetical case examples of research involving HIV vaccines in adolescents and controlled trials of inhaled corticosteroids in children with asthma.
• Texas Instruments (NYSE: TXN) to give mid-quarter update at 5:00 pm.

Tuesday, June 10

• The Pediatric Ethics Subcommittee will meet at 8:00 am to discuss the application of 21 CFR 50.52 to FDA-regulated research illustrated with a hypothetical case example of research using stem cells for treating periventricular white matter injury in children.
• Cisco Systems (NASDAQ: CSCO) to hold conference call at 11:00 am to discuss business video innovation.
• Varian Medical Systems (NYSE: VAR) to hold mid-year review meeting at 12:00 pm.

"You can invest for all the right reasons and still get the wrong result," notes long-standing turnaround stock expert George Putnam, referring to the poor performance of the pharmaceutical sector in recent years.

Here, in his industry-leading The Turnaround Letter, he offers a fascinating review of 10 leading drug stocks which he now believes offer a combination of growth potential at "pretty cheap" valuations. Here is his overview.

"In 2000 and 2001, when the Internet boom was becoming a bust, many smart investors turned away from technology stocks and put their money into drug stocks. How could you go wrong with the big pharmaceutical companies?

"Demand for their products was growing as the population aged. These companies had huge research
and development programs that seemed to keep cranking out new blockbuster drugs. And most of them had great balance sheets, with many paying handsome dividends.

"Much of this reasoning has been borne out in the intervening years. Many large drug manufacturers have rung up substantial revenue gains over the last decade. So what's happened to the big drug stocks? With few exceptions they have gone sideways or down – in some cases down a lot.

It's a nice day for shareholders of Kosan Biosciences Inc. (NASDAQ: KOSN), which is a cancer therapeutics company. The stock price is up 230% to $5.44.

That is, Bristol-Myers Squibb Company (NYSE: BMY) has agreed to purchase Kosan for $190 million. The transaction will be structured as a cash tender offer.

Founded in 1995, Kosan has two key anticancer agents in clinical development -- heat shock protein 90 (Hsp90) inhibitors and epothilones. Some of the treatments include multiple myeloma and metastatic breast cancer.

Basically, Kosan didn't have the wherewithal to take these drugs to market (after all, the capital markets have been fairly skittish lately). So, a partnership with Bristol-Myers does make a lot of sense. Keep in mind that the company has a large oncology business.

Interestingly enough, the parties also announced a separate licensing agreement to market Kosan's epothilone compounds. The deal involves an upfront $25 million payment as well as milestone payments.

Although, the agreement is only triggered if the merger falls through. In other words, Kosan has a nice backstop on the transaction.

Tom Taulli is the author of various books, including The Complete M&A Handbook and The Edgar Online Guide to Decoding Financial Statements. He also operates MergerBook.com.

Almost everyone these days has encountered cancer in one way or another. While the rate of cancer incidence has stabilized to declined since the early 1990s and, with newer and better treatments as well as early detection, cancer death rates have also declined, the war on cancer is still far from won.

It is no surprise, then, that a few days ago, IMS Health (NYSE: RX) -- a provider of market intelligence to the pharmaceutical and healthcare industries -- said that cancer drugs sales will nearly double by the year 2012. Assuming a compound growth rate of 12-15% a year, sales will grow from $48 billion in 2008 to $80 billion by 2012.

The main contributors to growth, according to the study, are an increasing number of patients on chemotherapy, not just in major markets but in emerging markets, too, as well as longer treatment periods for growing numbers of patients. Also fueling growth are the increased use of targeted therapeutic agents, along with first-time innovations coming to the market. Expensive new biotechnology drugs, and the increasing use of combination therapies that contribute to the exploding cost of treatment will also fuel cancer drugs sales growth.

The overall pharmaceutical market grew at a 6.4% pace in 2007, meaning that with its double-digit growth rate, the cancer drug market -- today contributing 17% to global pharmaceutical sales -- will only represent a greater proportion and emphasis. Of course, there will be factors moderating growth, such as drugs losing exclusivity and financial constraints of payers.

Cancer-fighting drugs can reach the market twice as fast as the average medicine, and companies can charge as much as $50,000 for a single course of treatment. It is no surprise then that with more and more drugs coming off patent many pharma companies are turning their attention to cancer. But can it save them?

Shares of French drug maker Sanofi-Aventis (NYSE: SNY) have been tumbling more than 5% in morning trading on news that a Swiss drug maker said it expects to receive approval to sell a generic version of Sanofi's anti-clotting agent Plavix.

History is repeating itself. After facing generic competition in the United States to its second-biggest product in 2006, Sanofi-Aventis is now dealing with a similar threat in Europe. Competition concerns came after Switzerland's Schweizerhall Holding AG announced it would launch a copy of the Plavix blood thinner that could be bought for a lower price. Schweizerhall said it expects German regulators to approve its generic version of Plavix, called clopidogrel.

Sanofi-Aventis's fears about generic competition are justified as the company had to fight against a similar situation less than a year ago. Back in 2006, Bristol-Myers Squibb Co. (NYSE: BMY), which develops the product with Sanofi, saw a big plunge in its sales after Canadian generics company Apotex Inc. launched a cut-price copy of the drug.