3. Investments

Marketable Securities

The following is a summary of marketable securities classified as available-for-sale securities:

	December 29, 2012				December 31, 2011
	Cost		Fair Value		Cost		Fair Value
Equity securities	$	92,400	$	85,900	$	1,015,800	$	1,043,800

The Company’s unrealized gains and losses for marketable securities classified as available-for-sale securities in accumulated other comprehensive income are as follows:

	Year Ended
	December 29, 2012			December 31, 2011
Unrealized gains	$	—		$	32,900
Unrealized losses	(6,500		)	(4,900		)
Net unrealized gains / (losses)	$	(6,500	)	$	28,000

The Company’s realized gains and losses recognized on sales of available-for-sale marketable securities are as follows:

	Year Ended
	December 29, 2012			December 31, 2011
Realized gains	$	52,500		$	58,600
Realized losses	(31,300		)	(600		)
Net realized gains / (losses)	$	21,200		$	58,000

Amounts reclassified out of accumulated other comprehensive income into earnings is determined by using the average cost of the security when sold.

Long-term Investments

The Company’s long-term investments, net of allowance, consist of:

	December 29, 2012		December 31, 2011
Tomsten, Inc.	$	—	$	2,492,900
BridgeFunds, LLC	—		1,324,500
	$	—	$	3,817,400

Tomsten, Inc.

The Company has an investment in Tomsten, the parent company of “Archiver’s” retail chain. Archiver’s is a retail concept created to help people preserve and enjoy their photographs. The Company has invested a total of $8.5 million in the purchase of common stock of Tomsten (including $1.0 million invested in June 2011 pursuant to a Rights Offering by Tomsten). The Company’s investment currently represents 22.0% of the outstanding common stock of Tomsten (which represents an increase from 18.3% prior to the Company’s participation in the Rights Offering in June 2011). The Company applies the equity method of accounting to this investment. During 2011 and the first half of 2012, the Company provided management services to Tomsten, and the Company’s Chairman and Chief Executive Officer served on Tomsten’s board of directors.

In 2012 and 2011, the Company recorded $697,300 and $515,800, respectively, for its pro-rata share of Tomsten’s losses in the statement of operations on the line item captioned Loss from Equity Investments. During the fourth quarter of 2012, the Company also recorded an impairment charge for the remaining portion of its investment in Tomsten. As part of its impairment analysis for Tomsten, the Company determined that the carrying value of its investment was not expected to be recoverable from the future cash flow of the Tomsten business or the sale of its ownership stake. The Company therefore recognized an impairment charge of $1.8 million to reduce its carrying value of this investment to $0.

BridgeFunds, LLC

In October 2004, the Company made a commitment to lend $2.0 million to BridgeFunds Limited at an annual rate of 12% pursuant to several senior subordinated promissory notes, and the commitment was fully funded by May 2006. BridgeFunds Limited advances funds to claimants involved in civil litigation to cover litigation expenses. In addition, the Company received a warrant to purchase approximately 257,000 shares of BridgeFunds at $1 per share, which expired unexercised in October 2011. In August 2007, in connection with raising capital, BridgeFunds Limited completed a restructuring where all assets and liabilities, including the warrant, were assigned to and assumed by BridgeFunds, LLC (“BridgeFunds”).

During 2009, the board of BridgeFunds decided to cease advancing funds to new claimants and place its portfolio of receivables in run-off, thereby allowing equity holders the opportunity to receive distributions after collection of receivables and the payment in full to all debt holders, including the Company’s notes. Entry by BridgeFunds into transactions contemplated by these actions necessitated consent by its debt holders. In October 2009, the Company entered into a modification agreement with BridgeFunds, LLC, whereby the maturity date of all of the outstanding promissory notes was changed to September 30, 2010, the annual rate of interest on the notes was increased to 15% and monthly prepayments of the principal of such notes in an amount equal to Available Cash Flow (as defined within the agreements governing the notes) is required. In October 2010, July 2011 and July 2012, the Company entered into amendments to the agreements governing the notes that extended the maturity date on the notes to June 30, 2011, June 30, 2012 and June 30, 2013, respectively. During 2011 and 2012, the Company received $28,300 and $0, respectively, in payments of interest and did not receive any payments of principal on the notes. The Company stopped accruing interest on this investment as of September 30, 2010. The Company has deemed this investment to be impaired, and in evaluating the investment for impairment has determined that its present value of expected future cash flows, discounted at the effective interest rate on the notes of 15%, is less than the recorded investment in the notes. In developing its estimate of expected future cash flows, the Company used certain information obtained from BridgeFunds concerning existing liabilities, claimant cases outstanding, historical default rates and settlement discounts on claimant advances, and made certain assumptions regarding the timing of case settlements, the payment of future liabilities and future default and settlement discount rates. The Company recognized $883,100 in impairment charges during 2011 and established a corresponding valuation allowance accordingly. The Company recognized an additional $1,324,400 in impairment charges to increase the valuation allowance during 2012, primarily as a result of a decrease in the BridgeFunds portfolio of receivables with no improvement in portfolio performance. As of December 29, 2012, the Company’s aggregate valuation allowance reduces the net investment balance to $0 as it does not expect to receive any cash flows from this investment.