8-KRegulation FD

EXPEDITORS INTERNATIONAL OF WASHINGTON INC 8-K Report, Regulation FD Disclosure (Jun 23, 2009)

Filed June 23, 2009For Securities:EXPD

Summary

Expeditors International of Washington, Inc. (EXPD) filed an 8-K on June 23, 2009, to provide disclosures to investors regarding various operational and legal matters. A significant portion of the filing addresses ongoing investigations by the U.S. Department of Justice (DOJ) and the European Commission (EC) into antitrust matters. While legal costs have abated from previous periods, the company acknowledges ongoing expenses and is cautious about predicting future legal spend, noting that significant developments would necessitate more serious disclosures. The report also provides updates on a Lufthansa antitrust settlement claim, where EXPD intends to pass any recovered funds to its customers. Operational insights include a discussion on the higher profitability of Asian operations due to product mix and lower labor costs, and a year-over-year comparison of volume declines in airfreight and ocean freight for February, March, April, and May of 2009. The company clarifies its stance on expenses, emphasizing its long-standing practice of productivity improvement and a hiring freeze, while also confirming no corporate aircraft fleet exists.

Key Highlights

  • 1The company is providing updates on ongoing antitrust investigations by the DOJ and EC, noting that legal costs have decreased but remain a factor. Predictability of future legal spend is difficult and would follow more serious disclosures.
  • 2Expeditors does not intend to keep any funds received from the Lufthansa antitrust settlement and plans to distribute them to customers based on a fair methodology, absorbing administrative costs.
  • 3Asian operations exhibit higher profitability due to a favorable product mix and lower labor expenses compared to the US and Europe.
  • 4Volume declines were observed across airfreight and ocean freight in February, March, and April 2009, with May showing slightly better year-over-year performance.
  • 5Expeditors maintains a strong focus on operational efficiency and productivity improvement, with a hiring freeze in place and no corporate aircraft fleet.
  • 6The company is actively involved in testing and preparing for the Importer Security Filings (ISF) or '10+2' program, viewing it as an opportunity to enhance customer service and reputation.
  • 7Expeditors highlights its unique compensation structure where employee pay is directly tied to operating income, encouraging productivity and accountability, and that it does not plan to lay off employees, preferring natural attrition.

Frequently Asked Questions

Expeditors acknowledges ongoing legal costs related to the DOJ and EC investigations, though they have abated from previous levels. The company is cautious about predicting future legal expenses, stating that an attempt to do so would be pointless and that any significant developments would warrant more serious disclosures.

No, Expeditors does not intend to keep any funds received from the Lufthansa antitrust settlement. They plan to distribute any recovered settlement funds to their customers using a fair methodology, while Expeditors will absorb the administrative costs associated with this distribution.

Expeditors has a long-standing culture of productivity improvement, reinforced by its compensation system which ties individual compensation to direct operating profit. The company has implemented a hiring freeze (with exceptions for critical new business) and avoids unnecessary expenses. Notably, they do not have a corporate aircraft fleet.

Expeditors favors natural attrition over mandated layoffs to manage its workforce. They maintain a focus on being slow to hire and quick to address underperformance. The company is also continuing to invest in Information Systems during this period.