data

Huffington Post…

Fabrice Tourre (a.k.a. the “Fabulous Fab”), the Goldman Sachs mortgage trader who has become synonymous with Wall Street shenanigans, has now become synonymous with something else: the worst possible way to dispose of an old computer. Among the more titillating passages in a front-page New York Times expose about Tourre’s private correspondence with his lawyers is a disclaimer that the newspaper obtained his e-mails via a computer someone found “discarded in a garbage area in a downtown apartment building.” The computer was then passed on to someone else, who noticed that it continued to pull down fresh e-mails — messages sent to someone with Tourre’s name, a name suddenly in the news. The e-mails, correspondence between the trader and his lawyers, discussed how to handle accusations that he and his employer, Goldman Sachs, had played a key role in engineering a near-financial apocalypse. Most of us have more mundane matters taking up space on our computer hard drives, yet we would still rather avoid giving the world easy access to our private messages, be they fragments of past romantic associations, candid assessments of coworkers or mere reviews of the food at our friends’ dinner parties. We would surely prefer to keep our personal finances and legal correspondence clear of the public eye and away from scam artists. The Fabulous Fab was reckless, it seems, leaving his e-mail client program intact and not password protected, making it vulnerable to people with designs on finding a way in. Yet that recklessness provokes a question that resonates far from Wall Street and into every home office: How do you keep computer data truly private? And how do you put files in the trash, beyond prying eyes, in the digital age? The Tourre case serves as a warning that without careful digital document shredding, data — even on devices discarded in the trash and forgotten — never really dies. The banker’s casual approach to managing files on his computer underscores the need for greater vigilance among all owners of electronics, and in particular, the imperative to fully destroy documents on abandoned devices. As Tourre would no doubt agree, the cost of losing the data on a cellphone or laptop can be far greater than the price of the hardware itself. Security experts warn that information stored on a computer can put someone at risk for identity theft and fraud, or even turn colleagues, cousins and colleges friend into targets for nefarious scammers and hackers. With the information on your computer, someone “can almost take over your life,” said Chet Wisniewski, a security expert with Naked Security , a blog run by anti-virus software company Sophos. “They can basically communicate to your friends, log into your accounts, and impersonate you because so many of us use the Internet as a primary communication mechanism for relationships, whether it’s with the power company or with a person.” One of the greatest dangers is that on a computer or cellphone, “delete” doesn’t necessarily do what it says. Erasing a file on a laptop essentially removes the arrow pointing to the data, but not the data itself. Wisniewski likened file deletion to erasing an entry in a book’s table of contents; it removes a note telling readers that a piece of information is on page 200 of the book, while leaving page 200, and the information on it, intact. Safely discarding a device essentially requires rewiring its brain, the hard drive, to induce amnesia. To ensure photos, bank statements and love letters on a laptop, tablet or phone have been properly gutted, users must wipe the hard drive using the machine’s Secure Erase tool, which offers the equivalent of “a loaded gun aimed right at your data.” The feature acts as an e-shredder that overwrites all the tracks on a hard drive to destroy every last byte and bit of information that’s ever been stored. Using a blunt object also works. The most surefire way to discard of data is to physically destroy the hard drive itself, experts say. Before his wife threw away her old hard drive, Phil Blank, an analyst with Javelin Strategy & Research, said that he “took a hammer to it, gave it a good whack” and “that was the end of that.” But users can’t always plan for their devices’ departure. The glitzy, pricy gadgets from the likes of Apple, Google, Sony and Samsung are vulnerable to theft, and experts say it’s all but inevitable that these stores of personal and professional information will be lost or stolen at some point. The growing memory of our gadgets and their portability has made it easier than ever to put data on these devices and then lose them, often without recourse. “Now thousands of file cabinets worth of company data can be put on something that slips into your pocket,” said Wisniewski. “The risk of data loss is much larger, whether it’s intentional or accidental, because employees, for convenience, are able to carry around large quantities of data on something the size of my fingernail.” Experts suggest that users, at the very least, put passwords on their devices to prevent a thief from easily logging in. They also recommend encrypting the data, a process that turns the information on the gadget into gibberish to anyone that doesn’t have the proper passcode required to unlock it. Encryption software can be purchased from companies like Norton, downloaded for free from open-source providers like TrueCrypt, or found as an optional setting on some gadgets, such as Apple’s iPhone, that users can set up at their convenience. Yet even the best data defenses can potentially fall to determined attackers. “Fraud often trumps security,” said Blank. “Security guys think in square boxes, and fraudsters think outside the box.”

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The Fabulous Fab’s Cautionary Tale: Data Never Dies

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Huffington Post…

Let me start with the obvious (or what should be obvious, but isn’t): 1. Retirement plans of all stripes should have only index funds or passively managed funds as investment options. There should be no actively managed funds (where the fund manager attempts to beat a designated benchmark). 2. Advisors to these plans should be 3(38) ERISA fiduciaries, which requires them to accept in writing 100 percent of the liability for the selection and monitoring of the investment options in the plan. This requirement eliminates all brokers and insurance companies. They accept “revenue sharing payments” from mutual funds as the cost of admission to the list of plan options. Legally, they cannot be 3(38) fiduciaries. 3. Acceptance of items 1 and 2 above is not going to happen in 99 percent of the retirement plans in this country, to the great detriment of plan participants. The evidence that passive trumps active is so overwhelming you have to marvel at the ability of the securities industry to persuade plan administrators to ignore it. One study looked at the performance of 2,100 actively managed funds over a 31 year period. The highly credentialed authors of this independent study concluded that only 0.6 percent of the fund managers studied had genuine stock picking ability — a number which is statistically indistinguishable from zero. Nobel Laureates William Sharpe, Merton Miller, Daniel Kahneman, Paul Samuelson and Harry Markowitz all reached the same conclusion. So did authors of many financial books, including William Bernstein, Allan Roth, Burton Malkiel, John Bogle, David Swensen, Larry Swedroe, Mark Hebner, Jason Zweig and many others. Malkiel said it best: It’s like giving up a belief in Santa Claus. Even though you know Santa Claus doesn’t exist, you kind of cling to that belief. I’m not saying that this is a scam. They generally believe they can do it. The evidence is, however, that they can’t. The explanation for why plan administrators continue to punish participants by investing in actively managed funds may be found in a 1998 PriceWaterhouseCoopers study, which concluded: …even as better information on indexing becomes available, emotional factors may continue to constrain the growth of indexing. Many institutional fund managers feel driven to beat the market, even while recognizing the arguments in favor of indexing. My personal experience in presenting passively managed options to CFO’s and Human Resource Departments validates this conclusion. They are either unaware of this data or choose to ignore it. The cost to plan participants of their ignorance is substantial. One study found that investing in actively managed funds rather than passively managed ones costs investors $80 billion a year. It’s no wonder many are predicting a “retirement tsunami” as baby boomers confront their diminished 401(k) plan balances and wonder whether they will ever be able to stop working. The “Arab Spring” might be a lesson for 401(k) participants. They need to familiarize themselves with the data and demand a fundamental change in the way their retirement plans are being managed. It’s time to stop the gravy train for mutual funds, brokers and “market beating” advisers and focus on the needs of plan participants. I am not suggesting demonstrations in the street (yet!), but participants need to educate themselves, organize, sign petitions and insist on retirement plans consistent with sound, academically based investment practices. Leaving these decisions up to your plan administrators simply is not working. The views set forth in this blog are the opinions of the author alone and may not represent the views of any firm or entity with whom he is affiliated. The data, information, and content on this blog are for information, education, and non-commercial purposes only. Returns from index funds do not represent the performance of any investment advisory firm. The information on this blog does not involve the rendering of personalized investment advice and is limited to the dissemination of opinions on investing. No reader should construe these opinions as an offer of advisory services. Readers who require investment advice should retain the services of a competent investment professional. The information on this blog is not an offer to buy or sell, or a solicitation of any offer to buy or sell any securities or class of securities mentioned herein. Furthermore, the information on this blog should not be construed as an offer of advisory services. Please note that the author does not recommend specific securities nor is he responsible for comments made by persons posting on this blog.

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Dan Solin: 401(k) Participants Need an "Arab Spring"

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Ron Gitter: Homeowners Placed Under House Arrest

April 4, 2011

The Never Ending Case-Shiller Bummer It’s been a rough few days for housing statistics. First and foremost, the Standard and Poors Case-Shiller Home Price Index , issued on March 29, 2011, was downright depressing. As indicated in the press release, January 2011 home prices slipped below December figures in all but 2 of the 20 major cities tracked in the report. Economists crunch numbers for a living and I have no real doubt about the accuracy of the calculations. But after more than three years of unrelenting doom and gloom in the housing market, one starts to wonder what it all means for the owners of those homes on which the data is based. Housing’s Dirty Little Secret Even if the housing market starts to improve throughout the country in the next few months, and actually begins an upward trend, the damage done to middle class homeownership can’t be estimated even by using the most sophisticated algorithms. As a result of changing business models, many Americans looked to the equity in their home as their 401K plan and the foundation for retirement. For many homeowners, equity equaled net worth. With that equity evaporating, and an inability to sell a home even at drastically reduced prices, lives have been so dramatically impacted financially, that a “housing recovery,” if and when it happens, may not really matter. The Migration is on Hold Remember those 80 million baby boomers that were about to retire and move all over the country? In places like Arizona, Florida, Nevada and North Carolina, builders counted on that wave of retiring boomers to sell their homes in high property tax states and to move to cities with lower taxes, attractive lifestyles and better weather. But if you can’t sell your home, and if your equity has disappeared even if you can sell your home, you won’t be relocating any time soon and the oversupply of inventory can’t be absorbed. That inability to sell has resulted in a paralysis taking over the housing market that the monthly movement in housing statistics doesn’t really capture. Unfortunately, the gears of the real estate economy that have always been counted on to churn out the jobs are now frozen. New York Goes “Crazy Eddie” That’s not to say that all markets are suffering the same fate. At least in the New York metropolitan area, the data seems to show that trading volume has improved and the market has stabilized. One could even argue that the upward trend hoped for by the City’s real estate professionals may have started to materialize. But market stability has been achieved through deep discounting. Paraphrasing the guy in the Crazy Eddie commercials, the housing prices in New York “are insane!” As Vivian Toy’s recent article in the Times pointed out, the prices of studio apartments have plummeted to a point of absurdity, creating a window for entering the New York market that is unprecedented in recent memory. Celebrity real estate does not fare much better. Although the glitterati continue to throw millions of dollars at a small number of high end properties, the pricing in many cases is as depressed as more modest properties. There are just bigger winners and losers. And a few large transactions can’t revitalize the market and incentivize continued buying and selling. So even in New York, the cycle of immobility continues. And Now for A Double Dip… Just to make things interesting and add to the woe pile, Robert Reich in his Huffington piece on March 31, asked why Americans “aren’t being told the truth about the economy?” Citing a gaggle of scary statistics, he took stock of the dismal state of things and dared to speak that phrase that haunts the policy makers: the double dip recession. Although the double dip alarm needs to be sounded, I have to ask, are Americans really that dumb? After more than three years of catastrophic unemployment, a decimated housing market and the downward spiral of dwindling net worth, is anyone really counting on the truth being told about how well things are not going? I don’t think so. Just ask any homeowner… they already got that memo.

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Nathan Newman: You’re Not Google’s Customer — You’re the Product: Antitrust in a Web 2.0 World

March 29, 2011

You think Google’s search engine is great. Gmail is easy to use. YouTube gives you instant access to funny pictures of dogs and music videos. And Google maps helps you find where you are and the nearest pizza place. And it’s all free. So you’re a happy customer and don’t understand why anyone would think antitrust action is needed against Google . Or why government officials from Europe to the U.S. Congress and, just last week, U.S. state governments are bringing antitrust investigations against Google. Except remember — it’s free! Google doesn’t make a dime of profit from you, so you aren’t the customer. In fact, all those cool products are just bait to get your information in the Google ecosystem so your attention and eyeballs can be sold to Google’s advertisers. The pleasant experience of using Google products is little different (in any economic analysis) from the pleasant massage administered to Kobe beef cattle in Japan; each is just a tool to increase the quality of the product delivered up to the real customers. What is Google’s Market in a Web 2.0 World? So here’s the key place to start in understanding proper technology policy for Google: there is no market for search engines; there is no market for online geolocation mapping software; there is no market for online video. Google, by making these products free, has destroyed those markets in favor of an alternative economic model of selling individual attention and precise information about those users to advertisers. You are the product, not the customer. That market between Google and its advertisers is where antitrust authorities ultimately have to look to understand what public policy is needed. As law professor Siva Vaidhyanathan describes in his just-published The Googlization of Everything (and Why We Should Worry) , “Google’s method of generating and selling advertisement placement is brilliant.” Through user queries and searches, as well as personal information about those users, Google can deliver a product to advertisers tailored to their exact needs — people looking for shoes are delivered to shoe sellers, people located in a certain town are delivered to local restaurants, and so on. And while individual users may think the brilliance of Google is in the technical design of its search engines, as a company, its profit is driven by its brilliance in nearly monopolizing the online search marketplace serving these advertising companies. And what profits! With revenue coming overwhelmingly from its advertising monopoly, in 2010, Google’s net income was $8.51bn, up 30 percent from 2009 on total revenue that grew 24 percent to $29.32bn. And to understand Google’s dominance, look at this chart of data from E-marketer , which shows Google’s overwhelming dominance over its competitors in delivering search advertising: Note that Google’s dominance is growing and is projected to grow more. In mobile phone advertising, Google has established a phenomenal 97 percent of paid mobile search advertising , which by itself is projected to be worth $1.1 billion by the end of 2011 and is likely to skyrocket as a percentage of advertising. And this dominance cannot easily be overcome by some alternative upstart website, even by well-capitalized competitors, since underlying Google’s enterprise is, in Vaidhyanathan’s words, a “monumental collection of physical sites such as research labs, server farms, data networks and sales offices.” Given the interplay of different Google services and customization of results based on having so many users involved in its ecosystem, there are so-called “network effects” from being dominant that any competitor has too large a challenge in displacing Google. So what are all the cool new Google products like Android, Chrome and Apps for? First, they are more ways to collect the personal information to target advertising to individuals (and new threats to personal privacy as described below). But they also serve a sinister role from an antitrust perspective. They help destroy any alternative economic base for a competitor to challenge Google’s dominance of online search advertising. Citing Warren Buffet’s observation that strong businesses are “economic castles” protected by “moats,” analyst Bill Gurley describes these free products as moats to drown any competitor who “stands between the user and Google”: Android, as well as Chrome and Chrome OS for that matter, are not “products” in the classic business sense. They have no plan to become their own “economic castles.” Rather they are very expensive and very aggressive “moats,” funded by the height and magnitude of Google’s castle… Google is also scorching the earth for 250 miles around the outside of the castle to ensure no one can approach it. To understand how this plays out in antitrust analysis, look at a top current focus of the Justice Department’s Antitrust division, namely Google’s proposed acquisition of travel software provider ITA Software. ITA provides the underlying technology used by online travel agents, travel websites and airline websites. Now, some analysts worry that Google could use its position to unfairly price access to the database to potential competitors in the travel search market or skew search results to favor key partners. But if it just destroys the business model for competing travel agents and websites by absorbing the service into its overall search system, it will undermine a whole set of potential competitors for advertising dollars. Tim Wu, a law professor and author of the book The Master Switch , argues of such a deal , “In the longer term, however, the risk is that this deal could give Google such an advantage that travel search becomes like other forms of search, dominated by one engine, which could eventually stifle innovation.” (And of course, Google may just flat out skew results in travel, given complaints across a wide range of areas by businesses involved in its search and advertising market, as I detailed in my post, The Case for Antitrust Action Against Google .) How Privacy is Threatened by Google’s Business Model: So why should individual users care about any of this if they are still getting the goodies for free? The reason this is not a dry economic issue of whether Google is cutting into the profits of a few competitors or deciding a few winners and losers desperate for a higher ranking in its search results is that Google is not giving anything away for free. Google’s whole business model is based on systematically stripping away user’s privacy to trade Google’s knowledge about you to advertisers. A former Federal Trade Commissioner, Pamela Jones Harbour , highlighted the problem of this model for both privacy and antitrust policy in the American Bar Association’s Antitrust Law Journal . Harbour, who served at the FTC from 2003 to 2009, dissented from the FTC decision to allow Google to take over the online ad display company, Doubleclick. If you understood that the relevant market was “data used for behavioral marketing,” the merger brought together two companies already controlling large amounts of personal data, so the merger left Google even more dominant in this sector. Harbour emphasizes the point made above that you miss the ball if you look at “search engine markets” or “map software markets”, but instead you have to understand that the product is aggregated personal data where: …[revenue] derives from the accumulation of data, which can then be put to myriad commercial uses… The sites are subsidized, in effect, by trading on the value of accumulated data. In many instances, the data come from individual consumers, who may or may not realize that they are paying for “free” information or services by disclosing their personal information. Companies like Google with the most specific personal data can better target ads and thus dominate these advertising markets. What this also means is that non-price factors, such as privacy decisions by consumers, can easily be distorted in a non-competitive online environment. If companies’ real constituencies are advertisers, they then have a strong incentive to violate privacy if it serves their behavioral targeting goals. Thus you end up with Google continually breaching consumer privacy, even going as far as the wi-fi spying through their Street View project , without too much worry about losing consumer support. Some neoliberal doubters of the need for antitrust and other regulatory action on Google might argue that market competition will protect privacy, but if you understand that the relevant customers are the advertisers — and it’s the advertisers who want privacy violated to better target advertising — you’ll understand that the “market”, such as it is, is driving the destruction of personal privacy online. There may be a “market” for convincing customers that companies are trying to protect individual privacy, but, to return to the Kobe beef metaphor, that’s the same incentive for hiding the slaughterhouse from the cattle. It’s only a cosmetic change in a business model driving to the same result. Why Active Regulation is Needed: What’s clear is that “the market” is not going to solve either the antitrust or the privacy problems from Google or comparable actors in other sectors of the online world. A Web 2.0 world requires new tools and analyses, where a company like Google with such dominance needs to be treated a bit more like a public utility — delivering important public benefits but also requiring public accountability to protect the public interest. Mergers by Google deserve more skepticism — and the privacy and antitrust implications of its actions need sharper scrutiny (something the judge who blocked the Google Books settlement this past week thankfully engaged in ). But that’s just the first step. More active regulation is needed to protect privacy and keep competition alive to maintain pressure for innovation on even as dominant a player as Google. One flip side of understanding how critical violations of privacy are to Google’s economic model is that enacting stronger privacy protection also will, in former FTC Commissioner Harbour’s words “directly influence how much competition is able to emerge in related technology markets.” Harbour points to strengthening the ability of consumers to port data from one service to another as an example. While it looks like a consumer protection practice, it also service competition policy as well: Imagine that a given legal regime were to encourage greater consumer control over data (e.g., through open standards), such that a market emerged to accommodate the porting of data relatively easily among applications. In that entry-friendly environment, if consumers were unhappy with the level of privacy protection offered by a popular application or service, consumers would be better able to “vote with their feet” (or, more accurately, their data) and switch to competing providers, without losing the accrued value of their personal datasets. Still, even data portability is not enough in a world where users often don’t know how companies are misusing their data. Analyst and Seton Hall Professor Frank Pasquale argues that data portability and other market-based regulations will fail: “privacy regulators’ monitoring of oligopolistic online entities will be more effective than waiting for the elusive concept of ‘privacy competition.’” That’s one reason I do think U.S. policymakers need to look at policy innovations in Europe that are demanding specific rights for consumers and even promoting key technologies that bypass the privacy-destroying process of many current online practices. They are moving towards policies that give individuals the right to remove personal data from online databases, require transparency in what data has been collected, and require explicit consent to collect personal data in the first place. Germany, for example , is requiring new central online sites where individuals can track exactly what data is being collected on them — and be able to remove it — and even promoting alternative online mapping software that eliminates the requirement by consumers to share their location to access it. Beyond Neoliberal Economics Online: Whatever the salience of the neoliberal economic argument that regulation is not needed and markets will protect consumers — and the bloody financial meltdown should make anyone question the general doctrine — what’s clear is that the Web 2.0 world has its own dynamics that make even the basic assumptions of neoliberal economics invalid. Markets online are odd multi-party affairs, where individuals (often unknowingly) trade off their private information to intermediaries like Google, which in turn market that information to advertisers, who in turn try to market products or services often from other companies back to individuals. Individual interests in privacy are at war with the interests of advertisers in obliterating that privacy and “network effects” allow a company like Google to attain greater and greater dominance, even as it uses giving away free products to undermine the business model of potential competitors. Waving the magic “market” wand seems a very weak and uncertain tool in achieving what we want as a society. Instead, what is needed are clearer mandates on all online companies to deliver what is promised — whether products, searches or social connections — while severely limiting how those companies can resell or market based on personal data without explicit consent. People deserve to be back in control of their online experience, not merely a data point in a product marketed to advertisers. Crossposted from Tech-Progress.org

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Roger Ehrenberg: What Keeps Venture Investors Up At Night

March 15, 2011

As a venture investor, one thought routinely keeps me up at night: Are we making the right investments? After the beads of sweat form on my brow, they really get going when I think of the complexity and multi-dimensional nature of the question. Some related issues that keep me awake include: Are we seeing the right deals? Is our evaluation process effective? Does our method of decision-making promote successful outcomes? Are we capturing the data necessary to make a reasoned assessment of the above? Gulp. Each one of these represents a key strategic initiative, core questions whose answers are necessary for building the best firm possible for the long term. Needless to say, these issues can’t be assessed in a vacuum, as the vectors of time, competitive pressures and market conditions are at play and invariably impact the answers. In short, running a venture firm is very difficult, and it’s successful operation involves navigating a multi-variate thicket of obstacles while optimizing the combination of long-term franchise value and LP returns. Are we seeing the right deals? One of the eternal questions in venture capital relates to the “deal funnel”: Should we work to maximize throughput or optimize for quality. There are massive trade-offs between these two approaches, and different strategies subject themselves better to one or the other. For example, a general fund that is seeking to make a very large number of small investments is likely to solve for maximum throughput. They will apply a very basic but robust screen to quickly weed out the definite “nos,” likely do those that arrive with a high degree of “social proof” and spend some time thinking about the rest. Conversely, a more specialized fund (like IA Ventures) works to be crystal clear in its messaging in order to only attract deals that fundamentally fit with its investment thesis. This will yield a smaller amount of more highly-curated throughput, providing a more manageable pool of deals that require more in-depth screening before a go/no-go decision is arrived at. Seems pretty rational, right? Well, if you consider being almost 100 percent reactive rational. The problem is, I don’t. While having a giant catcher’s mitt is a fine way to gain a sense of what’s trending, it is very hard to identify true gems sitting on your ass and letting the market define your opportunity set. So that means thinking deeply about what the future holds, considering mega-trends, and actively seeking opportunities that others think suck or simply don’t understand but really represent a window into the future. It is quite difficult to have this level of conviction and risk tolerance and to subject yourself to ridicule by shunning conventional wisdom. But who said the road to innovation — and riches — was going to be easy? It’s not. Being contrarian and pursuing true innovation requires a lot of hard work, and sitting in your office and simply being a filter is not the way to achieve extraordinary returns IMHO. So bottom line: our approach is to combine a clear domain focus (which generates curated, but reactive, deal flow) with a willingness to try, test and incubate. Is our evaluation process effective? The Big Screen. Not easy, when you consider the massive inbound volume of most venture firms (and IA Ventures is no exception.) Do we have a clear sense of what we’re looking for (like a checklist), or is the spark of a crazy idea what really gets us going? More importantly, what should get us going? And are we able to glean enough from basic written materials to make an educated judgment as to whether or not an idea is worth digging into? Due to sheer volume, it is impossible for us to engage with more than a small percentage of the companies that reach out to us. Since we’re almost exclusively focused on pre-revenue opportunities, it really is about the entrepreneur, the idea and the vision, not actual performance. And most challenging of all, we are too young to have much data on the efficacy of our evaluation process. We do not yet have an “anti-portfolio,” a series of misses that might be instructive of our fears, biases and blind spots. So we are using our experience and best efforts to choose well, but with precious little data on which to base our decisions. As a firm, we have a series of well-understood “hot buttons”: a set of attributes we are looking for in an opportunity. These attributes are applied to the top of our deal funnel, sharply reducing the number of potential opportunities that warrant a follow-up phone call, meeting, etc. We definitely try to apply the lens of “Is this really differentiated/transformational/addressing a sharp pain point in a large market?” when gauging our interest. We are also predisposed towards opportunities that reach us early in the financing process, where we can both play a significant role in the deal and work with the entrepreneur on the plan, milestones and syndicate. The nature of our interaction with the entrepreneur is also instructive of whether we make a good team, and a positive working relationship can help de-risk execution of the plan. While I feel like we’re doing the right things, the jury is still out until we are able to collect the data necessary to validate our process. Does our method of decision-making promote successful outcomes? Now this is where it gets very tricky. Different partnerships have starkly different views on how a deal gets approved. They also have different cultures with respect to individual “check writers” versus a firm approach. Some firms want consensus. Others will not do a deal if there is consensus. Some firms have very rigid time frames around which funding decisions can get made. Others are more free-form. How a firm makes decisions can define a culture and a partnership, and is not a matter to be taken lightly. At IA Ventures, we take a team-managed approach to investing. There are no individual check-writers. We invest as a group. We do not strive for consensus or have hard and fast “thumbs up/thumbs down” rules. Deal deliberations are active and ongoing at each stage of the evaluation process, and by the time we are considering issuing a term sheet, we’ve all hashed it out pretty well. It is rare that all four of us are equally pumped about a deal, which is good. Because if we’re all psyched, it probably means the idea isn’t sufficiently differentiated to disrupt a market. In fact, we revel in conflict and dissent because it forces us to look at all sides of an opportunity, and to guard against the group-think/rose-colored glasses associated with a “hot” (read: popular) idea. I think we do a pretty good job on this front. One thing we don’t do — an idea that my smart friend Phin Barnes and I were kicking around last week — is empower an individual to meet an entrepreneur, fall in love, have a strong gut feel and make a commitment on the spot. The benefits: a willingness to fund orthogonal ideas without over-thinking and detailed analysis; a forced focus on the entrepreneur and their power to make an idea come to life; a special bond with the entrepreneur by showing deep confidence and conviction in their idea by offering an immediate commitment; and the signaling effects of having a firm and culture that supports such instinctive and passionate decisions in favor of the entrepreneur. If one truly believes that success in stage investing is heavily dependent upon the quality and passion of the entrepreneur and a contrarian take on the market, then having this as part of an investment program might be both rational and effective. I’m not there yet, but it is certainly a provocative and interesting approach to deploying an amount of high risk, high return capital. Are we capturing the data necessary to make a reasoned assessment of the above? It is early days, but we have built instrumentation and processes to help us collect data on the dimensions discussed above. While there is little doubt in my mind that smart venture investing — specifically seed stage investing — is impacted by a heavy dose of art, with a modicum of science, we want to collect as much data as possible about how we do what we do to ensure that we’re using all the information at our disposal. Are we seeing the deals we want to see, and what portion of the deals are because we went out and got them as opposed to them coming to us? Are we doing a good job investing in companies consistent with our mission, some of which are off the beaten path? Are we taking enough risk, and do members of our firm have the opportunity to be hard-core champions of a deal and to get it done in the face of dissent? Do our dashboards give us useful and actionable information about how we should be running our business? All of these metrics are important for doing the best job possible and building the best long-term business at IA Ventures, for the benefit of our entrepreneurs, our LPs and our firm colleagues. Being a startup investing in startups is no easy task. But we’re trying to be thoughtful about it, try new things and iterate rapidly with the benefit of data. Sounds a lot like what we expect from the startups we invest in. Makes sense. This post originally appeared on Information Arbitrage .

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U.S stocks opened in red today on gloomy data…

March 10, 2011

U.S stocks opened in red today on gloomy data…

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Video: Herrmann Says U.S. Economy Running at `Really Good Clip’

March 4, 2011

March 4 (Bloomberg) — John Herrmann, senior fixed-income strategist at State Street Global Markets, discusses today’s U.S. February employment report, market reaction to the data and the outlook for the economy. Herrmann speaks with Carol Massar and Matt Miller on Bloomberg Television’s “Street Smart.” (Source: Bloomberg)

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Darrin Redus: Boom In Black-Owned Firms Having Limited Effect On Black Unemployment

February 17, 2011

African-American entrepreneurship is on the rise at rates greater than the general population, according to data from the Census Bureau . The newly-released figures, reflecting the period between 2002 and 2007, show that the number of businesses owned by African Americans rose nearly 61 percent in those five years. By comparison, during the same period the overall number of U.S. businesses increased by just 18 percent. These figures are encouraging, but they are not surprising. Inner cities — where 82 percent of the residents are minorities — experienced job losses throughout the first decade of this century, despite growing job markets in suburbs and outer regions of cities from 2000 through 2008. Many African Americans — like other Americans — have turned to entrepreneurship out of necessity where job growth has slowed or disappeared. This trend is likely to continue for all Americans as we continue to shift to a new, globally competitive economy. The data also reflect the types of companies primarily being created. In 2007, nearly four in ten of these African American startups operated in the healthcare and social-assistance sectors, as well as repair, maintenance, personal and laundry services. Consistent with the type of businesses being started, the majority of the African-American businesses employed between one and four people . Fast forward to 2011, and we now need more than 15 million jobs nationally to get back to 2007 employment levels. For all of the encouraging trends regarding the growth of African-American entrepreneurship reflected in this data, a shift is necessary to start growing the types of companies that can create a much more significant number of jobs. When it comes to job creation, this happens via a very specific type of entrepreneurial company, as opposed to entrepreneurship more generally. According to the Kauffman Foundation: All net new job growth in the United States in the last 30 years has been the result of companies less than five years old. The companies creating the most significant net new job growth are young . The top 1 percent of companies are creating roughly 40 percent of new jobs. The most significant job growth comes from the fastest-growing companies . These companies are using transformative technologies, often accessing that technology from a university or research lab. The companies have a unique product or service. These companies have access to capital. They are able to actually grow because they are able to access funds. And the Census data reflect that most African-American entrepreneurs are not creating these types of businesses. There are numerous reasons for this, including a lack of access to these types of technologies and resources, awareness of how to secure risk-based investor capital, and knowledge of how to move a company from an idea into a job-creating entity. It is equally critical that high-growth entrepreneurship is encouraged and developed among entrepreneurs located in inner city locations, because these entrepreneurs can have a disproportionately positive impact on inner city job creation. The Initiative for a Competitive Inner City (ICIC), a research and strategy non-profit and national expert on inner-city economics, identified that high-growth inner city firms accounted for virtually all of the new inner city jobs created in the ten years prior to 2007 . Perhaps more importantly, they created new jobs for inner city residents at twice the rate of other companies located in “city limits,” and seven times the rate of companies located in the suburbs. And job creation in inner cities — jobs that, in turn, provide living wages and household income to inner city residents — is the first step in addressing many of the other challenges faced by inner cities communities, such as affordable housing, crime reduction and poverty. Glen Johnson and Pete Durette’s story is both an inspiration and an example of this type of high-growth entrepreneurship. Together, the duo had more than 40 years of IT experience, selling and delivering technology solutions to Fortune 100 companies. Glen and Pete wanted to capitalize on the Internet’s impact on the music industry and decided to apply their corporate IT experience to a new digital business model that lets millions of artists share their music with fans around the world on free social networking sites. Dubbed Melody Management , the company’s web-based platform lets artists upload their music, distribute it across dozens of social networking sites, and get paid directly. The unique payment piece is one of Melody Management’s competitive advantages; artists use the software to set song prices, receive 85 cents for every dollar sold, and get paid weekly. Melody Management founders Glen and Pete worked with Ohio-based venture development firm JumpStart to craft their message of differentiation and refine their business plan before going for investment consideration. And ultimately, the two raised $250,000 for their Software as-a-Service (SaaS) company. Although they are not a big company yet, they certainly have big market potential. So, how can we encourage more high-growth entrepreneurship among minority entrepreneurs, including those entrepreneurs located in inner cities? 1) A new dialogue is the first step. A rise in minority entrepreneurship is worth a celebration, but it’s not enough. All entrepreneurs need to be aware of, and consider, the opportunity to use a transformative technology or idea, apply it to a global market, raise funding to support it, and generate thousands of jobs and personal wealth as a result. Minority entrepreneurship must move rapidly into these higher growth markets and larger scale opportunities. 2) Engagement and outreach are the second steps. While there are many programs and initiatives across the country focused on emerging industries and technologies, the participation rate of minority entrepreneurs in these programs is disproportionately low. It takes a consistent, longer-term, and focused effort to engage and reach out to these culturally diverse citizens in order to truly develop a vibrant and inclusive entrepreneurial ecosystem. 3) Intensive preparation and facilitating key connections are the third steps. This isn’t different than what any high-growth entrepreneur needs to ensure the articulation of an idea most successfully, and the right audience of investors or customers to hear that articulation. But these specific services and key industry relationships must be expanded beyond their historical networks to ensure that all entrepreneurs have equitable access to higher growth opportunities. So, while we absolutely celebrate the positive trends in entrepreneurship for African American and other culturally diverse citizens, the country must now work to ensure that future Census reports reflect a much greater number of larger scale, diverse firms that employ by the hundreds versus staff with one to four employees.

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Japan Falls Behind China As World’s Number 2 Economy

February 14, 2011

TOKYO (By Tetsushi Kajimoto and Leika Kihara) – Japan’s economy shrank slightly in the final quarter of 2010 but analysts expect a recovery this year as stronger exports to China and other parts of fast-growing Asia offset persistently weak domestic demand. The data confirmed Japan lost its place to China last year as the world’s second-largest economy and highlighted Tokyo’s increasing reliance on its giant neighbor, which buys nearly a fifth of Japan’s exports. Gross domestic product (GDP) shrank 0.3 percent in the October-December period from the previous quarter, slightly less than a 0.5 percent fall expected by markets but still the first contraction in five quarters. That translated into an annualized contraction of 1.1 percent, with analysts largely blaming the weakness on a temporary hit to consumption after the September expiry of government incentives to buy low-emission cars. The data showed Japan’s economy was the weakest among major rich nations, compared with annualized growth of 3.2 percent in the United States in the same quarter. European data due out on Tuesday is expected to show slight growth in the 17-nation euro zone. “The data confirms that the economy entered a lull on a downturn in private consumption, but recent monthly economic indicators such as output and exports show it is unlikely that the lull will be prolonged,” said Yoshiki Shinke, senior economist at Dai-ichi Life Research Institute. “The economy will continue to depend on external demand for growth, as domestic demand is likely to be capped by subdued income growth and the anticipated negative impact from the expiry of subsidies for energy-efficient electrical appliances.” CHINA THE NEW NO.2 The latest GDP figures confirmed analysts’ estimates that China pulled ahead of Japan in 2010 as the world’s second-biggest economy behind the United States on a seasonally unadjusted, nominal dollar basis, at $5.8786 trillion against $5.4742 trillion. Economics Minister Kaoru Yosano said Japan needed to make the most of China’s growth to boost its own fortunes, as it increasingly relies on demand from its Asian neighbor. “The fact that China’s economy is booming is welcome news for Japan as a neighboring country,” Yosano told reporters after the release of the data. “We want to deepen the amicable economic relationship between Japan and China.” Japan’s shipments to mainland China accounted for 19.4 percent of its overall exports last year, making it the No.1 destination for Japanese goods, followed by the United States at about 15.4 percent. The signs of an export-led recovery prompted the government to upgrade its economic assessment last month and dampened expectations of any imminent monetary easing by the Bank of Japan. BOJ policymakers meeting this Monday and Tuesday may see no immediate need to ease policy further through an increase of asset purchases and may instead focus on assessing the strength of the recovery. While recent data showed exports and industrial output rose more than expected in December, a pick-up in the corporate sector is seen unlikely to spill over to personal consumption, which makes up about 60 percent of GDP. Capital expenditure rose 0.9 percent from the previous quarter, slower than the 1.5 percent pace of gains in July-September. Analysts said the increase in capital spending may not lead to stronger consumer spending as companies remain reluctant to boost wages due to fierce global competition, and as workers put a higher priority on job security than wage hikes. The roll-back of government incentives for purchases of energy-efficient household electronics in December will also weigh on private consumption, which fell 0.7 percent from the previous quarter after a 0.9 percent increase in July-September. External demand, or net exports, shaved 0.1 percentage point off GDP, with the yen’s spike to a 15-year high against the dollar during the period hurting exports. BOJ STANDS PAT As the economy remains mired in stubborn deflation, the BOJ is in no position to roll back its comprehensive easing anytime soon. That is in stark contrast with policymakers in other parts of Asia, Europe and elsewhere where the focus is shifting from supporting sustainable recoveries to controlling inflation. China raised interest rates last week for the second time in just over six weeks and further policy tightening is expected from Beijing in the coming months, raising the prospect of a slowdown in Chinese demand for everything from imported electronics to construction equipment and cars. Nissan Motor Co, Japan’s No.2 automaker, raised its annual profit and sales forecasts last week as its big drive into emerging markets such as China pays off. But with Japan’s domestic demand expected to remain weak, a heavy reliance on exports to fuel recovery is expected to pose a risk if external demand stumbles. “Risks from overseas economies and currency moves need to be closely watched,” Economics Minister Yosano said, noting that financial markets were also monitoring the government’s ability to enact legislation in a divided parliament. Highlighting concerns about prolonged political paralysis, a Kyodo news agency survey showed support for Prime Minister Naoto Kan’s government had fallen below 20 percent, a level where some premiers have been nudged out of power in the past. (Editing by Edmund Klamann and Kim Coghill.) Copyright 2010 Thomson Reuters. Click for Restrictions .

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Consumer Sentiment Hits 8-Month High

February 11, 2011

NEW YORK (By Leah Schnurr) – U.S. consumer sentiment rose to an eight-month high in early February, boosted by recent tax cuts and optimism about the labor market, but consumers were less sanguine about the economy in the longer term. A separate report on Friday also suggested stronger consumer activity as the U.S. trade deficit widened slightly more than forecast in December to its highest level in four months. Consumers expect to see improvement in the economy and job market this year, but the recovery was still anticipated to fall short and worries about inflation and its effect on wages weighed, according to the latest consumer surveys from Thomson Reuters and the University of Michigan. Consumer confidence was also boosted by the recent package of tax cuts and improved personal finances. The preliminary February reading for the overall index on consumer sentiment came in at 75.1, up from 74.2 in January. It was the highest level since June 2010 and was roughly in-line with the median forecast of 75 expected by economists polled by Reuters. “Further proof that the U.S. economy is rebounding at a stronger pace than expected. It’s been reflected in virtually all recent data outside of inflation data,” said Michael Woolfolk, senior currency strategist at BNY Mellon in New York. The survey’s barometer of current economic conditions jumped to 86.8, the highest level since January 2008, while the gauge of consumer expectations slipped to 67.6 from January’s 69.3. “While consumers are becoming more optimistic about current conditions, they remain wary about stretching that optimism beyond the immediate future given continued headwinds in the labor market and overseas,” Omair Sharif, an economist at RBS, wrote in a note. Concerns over inflation have been creeping up lately as commodity prices rise and on jitters that strength in the economy will force the Federal Reserve to hike interest rates sooner than expected. Nonetheless, the Fed is largely viewed as maintaining its accommodative policy for some time. The survey showed the one-year inflation expectation was unchanged at 3.4 percent, the highest rate since the fall of 2008. The five-to-10-year inflation outlook also was unchanged at 2.9 percent. U.S. Treasuries touched session highs following the data as some worried about the long-term outlook, though markets were more focused on news Egypt’s president had bowed to relentless pressure from a popular uprising and stepped down. The December trade deficit grew nearly 6 percent to $40.6 billion as the average price for imported oil leapt to its highest level since October 2008. Overall imports of goods and services were also their highest since October 2008, in a sign consumers and businesses are spending more as the economy picks up steam. A separate survey of forecasters showed the U.S. economy and jobs market are expected to grow more strongly in the first quarter than previously expected. The Federal Reserve Bank of Philadelphia’s survey of 43 professional forecasters sees the economy growing at an annual rate of 3.6 percent in the current quarter, up from the estimate of 2.4 percent three months ago. Though employment remains one of the biggest challenges for the economy, there have been signs the job market recovery is continuing, if not gaining speed. In another positive sign, a measure of future U.S. economic growth rose to a 39-week high in the latest week, according to the Economic Cycle Research Institute, an independent forecasting group. (Additional reporting by Caroline Valetkevitch and Steve Johnson in New York and Doug Palmer in Washington; Editing by Andrea Ricci) Copyright 2010 Thomson Reuters. Click for Restrictions .

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10 Ares Where Home Prices Actually Rose During The Recession

February 6, 2011

The average value of a home declined by 25% to 30% from the period from the third quarter of 2005 to the third quarter of last year. The end of 2005 and beginning of 2006 were the peak of the housing boom. S&P argued that home prices could fall another 7% to 10% this year. Many markets have already suffered a drop in housing values of more than half. It is hard to believe that any market could escape the devastation that has accompanied the collapse of home prices. But there are several relatively large regions where home prices have actually risen. 24/7 Wall St used the Fiserv Case-Shiller Index for all 384 metro areas in the United States, known officially as MSAs (Metropolitan Statistical Areas). We examined the regions where housing prices improved and took the 10 MSAs with the greatest increases in home values. Additionally, markets that did not maintain their highest prices were also excluded. 24/7 also reviewed foreclosure data in each area. This data was provided by RealtyTrac. The assumption was, and it proved to be true, that regions with strong home prices also had low foreclosures rates. Finally, we reviewed the government’s unemployment data on each MSA to look for correlations between joblessness and home prices.

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Jobless Claims Fall After Harsh Winter Weather

February 3, 2011

WASHINGTON — The number of people applying for unemployment benefits plunged last week, reversing a spike from the previous week largely caused by harsh winter weather. Applications for benefits dropped by 42,000 to a seasonally adjusted 415,000 in the week ending Jan. 29, the Labor Department said Thursday. They had surged in the previous week after snow storms in the South disrupted work and led to temporary layoffs. Applications are well below their peak of 651,000, reached in March 2009, when the economy was deep in recession. Fewer than 425,000 people applying for benefits is consistent with modest job growth. But applications will need to fall consistently below 375,000 to signal a likely decline in the unemployment rate. Last week’s decline resumes a downward trend that took shape late last year. The four-week average, a less volatile measure, fell steadily in the last three months of 2010 to a two-year low of 411,250 in the week ending Jan. 1. That raised hopes that employers, operating with lean work forces, would soon step up hiring. “The drop … is definitely a positive,” Dan Greenhaus, chief economic strategist at Miller Tabak, said. While applications are still at an elevated level, “the trend has generally been lower as the bulk of the firings are now behind us.” The average rose in January, mostly because of seasonal factors, such as the harsh weather and the layoff of temporary holiday employees. The average ticked up last week by 1,000 to 430,500. Many economists consider data in January to be less reliable because of seasonal fluctuations. Unemployment applications reflect the level of layoffs, but can also indicate whether companies are willing to hire. Despite the decline in unemployment benefit applications, employers have been slow to add jobs. One factor holding back job gains is that workers are becoming increasingly efficient and productive. That enables companies to produce more without hiring more workers. In a separate report Thursday, the Labor Department said that productivity, the amount of output per hour worked, rose 3.6 percent in 2010, the biggest increase since 2002. Employers will likely create a net total of 2.2 million jobs this year, according to a survey of economists by the AP. That’s double the number that was generated in 2010. Consumers are forecast to spend a little more freely, boosting economic growth to about 3.2 percent in 2011, up from 2.9 percent in 2010. But the economy would need to grow much faster – closer to 5 percent for a year – to substantially reduce unemployment. Analysts project that the unemployment rate will fall to 8.9 percent by the end of this year, according to the AP Economy Survey. The number of people on the unemployment benefit rolls fell by 84,000 to 3.9 million, the Labor Department’s report said. Those figures are one week behind the data on applications. That doesn’t include millions more people who are receiving benefits under emergency federal programs enacted during the recession. About 4.55 million people received aid under the extended benefit programs in the week ending Jan. 15, the latest data available. Those programs provide up to 99 weeks of aid in the states with the highest unemployment rates. Overall, nearly 9.3 million people are receiving unemployment aid. That’s down from about 9.4 million the previous week.

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Dr. Stan Humphries: Underwater Homeowners Unable to Swim to Warmer Waters?

February 2, 2011

Imagine this: You’re a successful professional in a small city, circa 2005. Your job is going well and the housing market is going gangbusters, so you dive in and buy a great starter home. You put down 10 percent (a lot for the times) and take out a 30-year fixed loan with monthly payments you can easily afford. You are responsible. Fast forward a few years, and the Great Recession is underway. Your company is in trouble, and you get laid off. Since you bought near the peak of the market and only put down 10 percent, you owe more on your mortgage than your home is worth. You’re underwater, like more than one in five single-family homeowners with mortgages, according to my real estate research firm Zillow. You’ve got enough in savings to get by for a few months, and you start searching for a job. Your area has been hard-hit by unemployment, so you’re thrilled when you get an offer from across the country. One problem: You’re stuck in your home. Or are you? The idea that negative equity impacts labor mobility is a notion that has likely occurred to anybody who’s thought about the matter for more than a couple minutes. Our acceptance of this notion is aided by a constellation of facts that seems to support it: 1. Long-term unemployment, measured as the percentage of unemployed people who have been out of work for more than 27 weeks, is at its highest level (44.3%) ever seen in the data series stretching back to the late 1940s. An interesting phenomenon considering that while unemployment itself is high (9.4% currently), it has been higher in the past (10.8% in November 1982). 2. Labor mobility is quite low. Only 1.4% of Americans moved between states in the year ending March 2010, the lowest interstate migration rate in the past fifty years. Moreover, interstate migration encountered a sharp decline in 2006, the year in which home values crested and started to fall. 3. The housing recession that began in 2006 and has already led to a decline of more than 26% in the value of homes (assuming they are sold in a non-distressed transaction) has created rates of negative equity that are unprecedented in the post Great Depression era. At the end of the third quarter of 2010, Zillow estimated that 23.2% of single-family homes with a mortgage were in a negative equity position. So, the data appear incontrovertible: high negative equity has led to decreased mobility which, in turn, has led to higher-than-normal long-term unemployment. The icing on the cake? A report in 2008 from the New York Fed confirming this relationship in a direct empirical test. Mobility was almost 50 percent lower for owners with negative equity than owners with positive equity. Slam dunk, right? Revised Data Throws Cold Water on Relocation Theory As with many complex economic problems, jumping to conclusions is not so simple. Late last year, the Minneapolis Fed released a couple papers that threw cold water on the whole argument. First came a paper arguing that migration between states actually didn’t suffer a precipitous decline in 2006. What happened instead is that the Census Bureau, who collects the data to compute the metric, changed their method of accounting for missing data (when respondents can’t or won’t answer a question). Once correcting for the change in methodology, it turns out that interstate migration has been on a slow, steady decline since 1996 and there was no actual blip in 2006. The reasons behind this longer term decline are the focus of active, ongoing research into whether mobility has become less necessary or simply harder and more expensive. Second came the paper taking another look at the New York Fed analysis and showing that the original authors’ treatment of missing data had biased the results. Reproducing the analysis with the change in the treatment of missing data found that homeowners with negative equity are at least as mobile as those with positive equity, and that those with high levels of negative equity are particularly mobile. Theoretically, this latter conclusion makes some sense for an underwater homeowner since the upside of moving (by defaulting and getting into a cheaper housing situation) grows relative to the downside (taking a credit hit because of foreclosure) as the level of negative equity grows. (Interesting side note: a senior economist at the Minneapolis Fed, Sam Schulhofer-Wohl, was author on both papers; Greg Kaplan at the University of Pennsylvania was co-author on the first). In conclusion, negative equity is toxic in a lot of ways. It combines with unemployment to increase the foreclosure rate which, in turn, depresses home values. It also slows the conveyor belt of homeowners selling their current homes and buying up to more expensive ones because they can’t easily sell due to negative equity. But, as markets continue to experience declines in home values towards what Zillow hopes is a bottom later this year, it is at least somewhat comforting that negative equity doesn’t appear to be leading to stasis in our labor market. We’ll take good news wherever we can find it.

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Howard Schweber: Laffer Curves and Tax Cuts: What Does It Take to Kill a Zombie?

January 31, 2011

I. The Theory: Laffer Curves, Supply Side Tax Cuts, and Demand Side Tax Cuts We are hearing a lot these days about the lessons of the Reagan tax cuts. We are also being treated to a revival of the Laffer Curve. Which is… interesting. There are two basic arguments for using tax cuts to stimulate the economy. One is the supply-side version: that’s the argument that cutting taxes for high earners will cause them to invest more in the economy, which will ultimately produce more jobs. You may recall this as the “trickle down” theory, later rebranded as the “rising tide lifts all boats” ideal. This argument makes sense so long as two things are true: that the economy is being held back by a shortage of capital available for investment, and that high earners are being held back from investing because they do not have the money to do so. Given that we are currently in a situation in which corporations are sitting on record amounts of uninvested capital and have just recorded the most profitable quarter in all of American history, it’s a little hard to see how those descriptions apply. The demand-side approach to tax cuts favors cuts for low and middle earners, in the hope that they will spend the extra money and thus stimulate the economy; this is essentially using tax cuts as a form of Keynesian stimulus. That argument makes sense so long as two things are true: that the economy is being held back by a lack of demand, and that there are lots of people who would buy more things if they had the money to do so. In the current economic climate, that seems like a fairly plausible pair of assumptions. But! The Laffer Curve provides supply-siders with a different explanation for why tax cuts for high earners will stimulate the economy. Laffer’s curve describes a theory about human motivation. It goes like this. Suppose you have someone earning $100 a year and paying 25 percent in taxes. That is, he gets to keep $75 out of that $100. Now suppose he has an opportunity to earn $120 next year, but the tax rate on that next $20 will be 35 percent. Laffer argued that a certain number of people would rather not earn that extra $20 if they only got to keep $13 of it — they would rather earn $100 and take home $75 than earn $120 and take home $88, maybe because there is extra work or risk involved in earning that next $13. As tax rates get higher, the number of people who are unwilling to earn more money if they will have to pay higher rates on that additional income goes up. At a certain point — the tipping point in the curve — cutting tax rates at the top of the scale will persuade enough people to be willing to make more money who otherwise would have refused to do so that the total tax revenues received will go up. Laffer never claimed that tax cuts will always result in increased revenue — it all depends on where you start on the curve. (To see the theory explained in Laffer’s own words, go here .) George H.W. Bush called this “voodoo economics,” and it’s not hard to see why (not that liberals talking about health care reform are above engaging in a bit of voodoo economics of their own.) On the one hand, it’s hard to quibble with Laffer’s contention that many people would decline to earn more money if it were going to be taxed at a rate of 100 percent — it’s what happens at other levels that becomes a matter for speculation, and perhaps some historical evidence. II. What Are Actual Tax Rates? There is something very strange about the way both Democrats and Republicans have been framing the conversation about tax cuts. The question a month ago was whether to retain all of the Bush tax cuts (the GOP’s position), or only those affecting income below $250,00 for a household and $200,00 for an individual. Here’s the strange part. Both sides were framing this in terms of distinguishing among persons, as in “we want a tax cut for the middle class but they want a tax cut for the rich.” But that is simply not true. We are talking about marginal tax rates here. That is, it is not the case that a household making more than $250,000 would pay the old, pre-tax cut rate on all their income, only on income above the $250,000 cap. On all their income up to that limit they would pay the same rate as everyone else. When we say that the top federal income tax rate is 37 percent, we don’t mean that the taxpayers who are in that bracket pay 37 percent in taxes on all their income, only on the income that the earn above the cut-off. The effective tax rates are quite different. Then, of course, there is the matter of the relentless focus on federal income taxes. Leaving aside state and local taxes (a significant omission given the importance of property taxes, state sales taxes, licensing fees, and so on). Focusing only on federal taxes, here are the effective rates as of 2005, according to the Congressional Budget Office. For each of several categories of households, I include the effective rates for all federal taxes, individual income taxes, payroll taxes, and corporate taxes. (I am not including federal excise taxes, which are not significant.) Note that these categories overlap, as the top 1 percent is included in the top 5% percent and so on. – top 1%: all taxes, 31.2%; income tax, 19.4%; payroll taxes, 1.7%; corporate tax, 9.9% – top 5%: all taxes, 28.9%; income tax, 17.6%; payroll taxes, 3.5%; corporate tax, 7.4% – top 10%: all taxes, 27.4%; income tax, 16.0%; payroll taxes, 4.8%; corporate tax, 6.1% – top 20%: all taxes, 25.5%; income tax, 14.1%; payroll taxes, 6.0%; corporate tax, 4.9% – everyone: all taxes, 20.5%; income tax, 9.0%; payroll tax, 7.6%; corporate tax, 3.1% That’s just the effective federal tax rates. A different question is what share of federal tax revenues, in each categories, come from each of these segments of the population? Again, these are 2005 data from the CBO: – top 1%: all taxes, 27.6%; income tax, 38.8%; payroll taxes, 4.0%; corporate tax, 58.6% – top 5%: all taxes, 43.8%; income tax, 60.7%; payroll tax, 14.4%; corporate tax, 74.9% – top 10%: all taxes, 54.7%; income tax, 72.7%; payroll tax, 25.8%, corporate tax, 81.6% – top 20%: all taxes, 68.7%; income tax, 86.3%; payroll tax, 43.6%; corporate tax, 87.8% (Source: Historical Effective Federal Tax Rates, 1979 to 2005 (Congressional Budget Office, December 2007), here . What about fairness? Don’t the highest earners pay more than their share in taxes? The answer is, “yes, by a little bit,” but not nearly as much as most people tend to think. Here is a look at the distribution of wealth, divided into all wealth, non-home wealth (known as “financial wealth”), and income. These data come from a study of 2007 Survey of Consumer Finance conducted by the Federal Reserve: – top 1%: all wealth, 34.6%; non-home wealth, 42.7%; income, 21.3% – top 5%: all wealth: 61.9%; non-home wealth, 71.4%; income, 36.9% – top 10%: all wealth, 73.1%; non-home wealth, 81.5%; income, 46.8% – top 20%: all wealth, 85.1%; non-home wealth, 91.6%; income, 61.4% (Source: Edward N. Wolff, “Recent Trends in Household Wealth in the United States: Rising Debt and the Middle-Class Squeeze–an Update to 2007,” Levy Economics Institute of Bard College working paper, March 2010.) So, for example, in 2006 (located neatly between the two years of the data presented above), the top quintile of households earned 55.7 percent of pretax income and paid 69.3 percent of federal taxes, while the top 1 percent of households earned 18.8 percent of income and paid 28.3 percent of taxes. But note that these last numbers are distorted by the fact they compare income to all taxes, not just taxes on income — If you look at the overall distribution of only federal taxes, the system is slightly progressive, and if you factor in the regressive effects of state and local property and consumption taxes, the entire system is even less progressive than that. III. What Did the Reagan Tax Cuts Actually Do? Historical discussions often lead into an impossible maze of information. For starters, there is the correlation-causation problem (if a tax cut is followed by growth, does that show that the tax cut caused the growth?) Nonetheless, we can at least look at some of the claims being made and try to focus more precisely on the areas of ambiguity. There are four major periods of tax cutting in modern history: the 1920s, the Kennedy administration, the Reagan administration, and the George W. Bush administration. I will focus primarily on the Reagan administration, with a few comments about the very large tax increases that were signed into law by Franklin Roosevelt. We frequently forget that in addition to several tax cuts focusing on income taxes, Reagan also signed off on about a dozen tax increases, primarily on payroll and excise taxes. Measured in dollar value, the tax increases were about half as large as the tax cuts. In one way, this complicates the picture: What if there had been no tax increases? (Or, conversely, what if there had been no tax cuts?) If our question is “what is the effect of tax cuts on economic growth,” this makes things complicated. On the other hand, if our focus is on the effects of tax rates on federal tax revenues — the Laffer Curve claim — we have a genuine experiment: by tracking the tax revenues that flowed in from the increased taxes and the decreased taxes, operating under the same economic conditions, we have an actual empirical test. Another question is how we separate the effects of tax cuts or increases from changes in the overall economy. Again, the fact that these cuts and increases occurred simultaneously helps solve that problem. It is also the case, however, that economists measure the effects of tax rates on revenues in terms of a percentage of GDP rather than in gross dollar amounts. During periods of growth, this begs a very large question: what if economic growth would not have occurred but for the tax cuts in question? On the other hand, Reagan approved both tax cuts and tax increased during a recession. I’ll come back to both of these points in a minute. A. Tax Cuts and Tax Revenue: the Reagan Case The main Reagan tax cut was the Economic Recovery Tax Act of 1981. That law had a number of elements that were phased in over time, reaching full implementation in 1983. By a nice coincidence, 1983 was also the year in which the most important tax increases took effect (the Tax Equity and Fiscal Responsibility of 1982, raising payroll taxes and certain excise taxes) took effect. Those and other Reagan tax increase were seriously regressive : In 1980, according to Congressional Budget Office estimates, middle-income families with children paid 8.2 percent of their income in income taxes, and 9.5 percent in payroll taxes. By 1988 the income tax share was down to 6.6 percent — but the payroll tax share was up to 11.8 percent, and the combined burden was up, not down. To test the effects of the two laws, I looked at the average for the four years following complete implementation (1983-1986), and compared that to the average for the preceding four years (1979-1982), using data compiled by the Tax Policy Center. The results : – income tax revenues: 1979-82, 9.075% of GDP; 1983-86, 8.05% of GDP (down 11.29%) – payroll tax revenues: 1979-82, 5.925% of GDP; 1983-86, 6.275% of GDP (up 5.5%) – corporate tax revenues: 1979-82, 2.125% of GDP; 1983-86, 1.375% of GDP (down 35%) But actually, the corporate tax cuts took effect in 1982. If we shift the years to that 1982 is included in the post-tax-cut category, the results are even more stark: the average corporate tax revenues from 1979-81 were 2.33% of GDP; from 1982-86 that average falls to 1.4%. And just for comparison, for the four years from 2006-2009, the averages are: – Income tax revenue: 7.65% of GDP – Payroll tax revenue: 6.275% of GDP – Corporate tax revenue: 2.125% of GDP To repeat the point, during the very same years, in the very same economy, tax cuts resulted in a decrease in tax revenues measured as a portion of GDP while tax increases resulted in an increase in tax revenues measured in exactly the same way. Which, of course, leaves the question of the relationship between tax cuts and overall economic growth. B. Tax Cuts and Growth Here, we can range a bit more widely, recognizing that the larger the historical sweep of the discussion the more we are certainly omitting critical variables. Nonetheless, this exercise may be useful as an antidote to the kind of monocausal, ahistorical claims that are sometimes made on behalf of cutting taxes, such as this statement from the Heritage Foundation : There is a distinct pattern throughout American history: When tax rates are reduced, the economy’s growth rate improves and living standards increase…Conversely, periods of higher tax rates are associated with sub par economic performance and stagnant tax revenues…President Hoover dramatically increased tax rates in the 1930s and President Roosevelt compounded the damage by pushing marginal tax rates to more than 90 percent. The preceding discussion was premised on the idea that we should look at tax revenues as a share of GDP. What if, instead, we look at the average annual change in tax collections? Here I do not have data breaking everything down by specifics, but on the other hand we have some long-term historical data which is potentially informative: – FDR 121.3% – Truman, 3.7% – Eisenhower, 2.4% – Kennedy, 4.8% – Johnson, 6.9% – Nixon, 0.3% – Ford, 6.4% – Carter, 3.0% – Reagan, 2.4% (Source: U.S. Office of Management and Budget, Historical Table 2.1, Budget for FY 1997.) That figure for FDR is not a misprint — over 13 years, the total increase in tax revenues was 1,865%. FDR raised the top rate from 25 percent to 91 percent (that rate had been lowered in the 1920s from 75 percent). What about general rates of economic growth? Here are the figures for increase in real GDP during the key years of FDR’s administration, according to the Bureau of Economic Analysis: – 1934,+10.9%; – 1935,+8.9%; – 1936, +13.0%; – 1937, +5.1%; – 1938, -3.4%; – 1939,+8.1%. What makes that 1938 figure so interesting is that in 1937, under pressure from conservatives in Congress, Roosevelt cut back on stimulus spending programs. Looking across a range of administrations , we get the following figures for overall economic growth: Kennedy-Johnson (49 percent over eight years), followed by Clinton (34 percent), followed by Reagan (32 percent), Nixon-Ford (24 percent) and Eisenhower (21 percent). IV. Conclusions(?) Actually, there are no clear affirmative conclusions to be drawn here except that we have overwhelming reasons to reject the claims being made by supply-side tax cut enthusiasts. The data certainly do not show that tax cuts never stimulate economic growth, nor even that they never stimulate economic growth enough to pay for themselves — the data on the Kennedy tax cuts suggest that this is exactly what happened. But those were primarily demand-side tax cuts, similar to the tax cuts that were the largest element in Obama’s stimulus package. The supply-sided, Laffer-curved theory of tax cuts as stimulus started out as voodoo economics 30 years ago. Today, Paul Krugman calls them ” zombie ” theories. Which brings us to the question that has been plaguing Hollywood and cable television lately: Just what does it take to kill a zombie?

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Eric Alterman: Think Again: The Economist’s "Happy" Ignorance

January 9, 2011

The Economist is undoubtedly the smartest weekly newsmagazine in the English language. I always look forward to its quirky year-end double issue. With articles ranging from the evolution of the suit to the dangers of medieval warfare, I was not disappointed with this year’s. The cover story, however, was perhaps the most interesting. It investigated recent research into happiness and discovered, encouragingly, that after one reaches the age of roughly 46, people tend to get happier as they get older. “The notion that money can’t buy happiness is popular, especially among Europeans who believe that growth-oriented free-market economies have got it wrong,” the authors explain. But according to the magazine’s reading of the data, “four main factors” determine happiness: “gender, personality, external circumstances and age.” Some of the research, however, proves puzzling. “Hong Kong and Denmark, for instance, have similar income per person, at purchasing-power parity; but Hong Kong’s average life satisfaction is 5.5 on a 10-point scale, and Denmark’s is 8. … the ex-Soviet Union [is] spectacularly miserable, and the saddest place in the world, relative to its income per person, is Bulgaria.” The authors would like to find an explanation in the national character of these places, because if they don’t, they would have to accept the obvious. Life is happier in Denmark than Singapore because it’s a much better place to live. And despite all those old jokes about (exaggerated) Scandanavian suicide rates, Danes are also happier than Americans, and the reasons are just about as good. Owing to The Economist ‘s apparently unshakeable commitment to laissez faire economics, though, the reader is left in the dark. There’s no mention, for instance, that Denmark spends nearly one-third of its gross domestic product on government-run benefits and taxes its citizens at an equivalently high rate. In recent years, its top bracket has been well more than 60 percent, nearly double the highest rate in the United States. With these revenues, the state spends roughly 5 percent of its GDP on the unemployed and as much as 2 percent alone on “flexicurity” labor market programs to help retrain displaced workers. This compares with a feeble 0.16 percent of such spending in the United States, which is by far the lowest in the Organization for Economic Co-operation and Development, or OECD. Partly as a result, Denmark’s unemployment rate is much lower than that of the United States. According to the Economist Intelligence Unit, Denmark’s “Quality of Life” index proved superior to that of America as well, with advantages like universal health care and day care, and an extremely low poverty rate that’s not even a quarter of that of the United States, which is one of the worst performers in this category according to OECD figures. American journalists tend to treat inequality as a fact of life. But it needn’t be. For instance, in 2009, the average income of the top 5 percent rose. Everybody else’s fell, furthering a 40-year trend during which the share of total income going to the wealthiest 1 percent of Americans has risen from about 8 percent during the 1960s to more than 20 percent in 2011. To continue reading, please go here .

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Dave Johnson: Education For We, The People Or For Private Profit?

December 24, 2010

In his press conference this week President Obama said the economic focus is no longer saving the economy from crisis, but “jumpstarting” it to make a dent in unemployment. He listed education as one of the pillars of that effort. Later in the press conference he talked about making colleges and universities being open not just to people who are well-to-do, but to all of us. Progressives For A We, The People Economy Progressives believe that a We, the People economy works best when we act as a community where “we are all in this together,” and watch out and take care of each other. We mutually benefit from this approach: the better off we all are, the better off we all are . Conservatives, on the other hand, believe we should all be on our own, looking out for only ourselves and our families, and it is up to each of us, alone, to take “personal responsibility” for our own success. Our differing approaches to education reflect these different philosophies. Progressives believe that education is good for all of us, and should be available to all of us. We believe that the economy does better when more of us can receive a good education, whether this brings a vocational or advanced degree, in a community college or a university. We try to enact policies that make this education affordable for everyone. Conservatives, on the other hand, believe that “the government” (We, the People) has no business helping people. So they resist providing free public or university education. They call this “socialism.” And so America’s conflict continues, one side asking for public investment in all of us for the long-term benefit of We, the People while the other side tries to harvest the public good for the short-term benefit of a few. Compromise With Conservatives A compromise of sorts has existed in recent decades in which the government helps students get loans, enabling them to go to more expensive schools. But these loans increasingly leave students with a very high debt to pay off after they graduate. In recent years students are graduating with more student loan debt than they can reasonably be expected to pay off. Result: Increasing Debt CNBC reports: Student loans leave crushing debt burden The cost of a college education is rising faster than the cost of medical care and as much as three times as fast as consumer prices in general. But that’s just the beginning of the price of admission. This is the story of a debt crisis few are talking about. Americans now owe more on their student loans than they do on their credit cards — a debt fast approaching $1 trillion with no end in sight. Please read the entire CNBC report on the crushing debt load that students are taking on, just to get an education that will help our economy. Here is a clip of the video available at the link: USA Today reports: Student loan debt exceeds credit card debt in USA , Total student loan debt exceeds total credit card debt in this country, with $850 billion outstanding, according to Mark Kantrowitz, publisher of FinAid.org and FastWeb.com, websites that provide information about student aid and scholarships. Consumers owe about $828 billion in revolving credit, including credit card debt, according to seasonally adjusted numbers in a report on July credit from the Federal Reserve. Result: Increasing Defaults With the increasing debt load and the resulting crushing monthly payments come increasing defaults. From the Dept. of Education, Student Loan Default Rates Increase , “This data confirms what we already know: that many students are struggling to pay back their student loans during very difficult economic times. That’s why the Administration has expanded programs like income based repayment and Pell grants to help students in financial need,” said U.S. Secretary of Education Arne Duncan. And, of course, along with the for-profit privatization of what should be a public function, and the compromise of federal help for loans comes the companies profiting from federal dollars. “The data also tells us that students attending for-profit schools are the most likely to default,” Duncan continued. “While for-profit schools have profited and prospered thanks to federal dollars, some of their students have not. Far too many for-profit schools are saddling students with debt they cannot afford in exchange for degrees and certificates they cannot use. This is a disservice to students and taxpayers, and undermines the valuable work being done by the for-profit education industry as a whole,” Duncan continued. Result: Increasing Quick-Buck For-Profit Scams Along with increasing and crushing debt and defaults another problem has cropped up. Just like with the housing bubble, the private predators have arrived to prey on the public. Private schools like Kaplan University are increasingly scamming their students with schemes reminiscent of the worst of the housing bubble, running up loan debt greater than any job they would ever get could pay, even hitting them with excessive fees and outright fraudulent charges. A Huffington Post report of their investigation of Kaplan University, At Kaplan University, ‘Guerilla Registration’ Leaves Students Deep In Debt , exposes Kaplan’s practice of “guerilla registration” in which they register students and charge them tuition for classes they don’t want or take, even in some cases after they have withdrawn from the school. And then they send the debt collectors after them for the money. Despite having attended only two online sessions, Castillo had remained officially enrolled at Kaplan for nearly a year after her withdrawal. Far from an aberration, Castillo’s experience typifies the results of a practice known informally inside Kaplan as “guerilla registration”: academic advisors have long enrolled students in classes they never take, without their consent and sometimes even after they have sought to withdraw from the university, in order to maximize the company’s revenues, according to interviews with former employees. Please read the whole Huffington Post report , there is much, much more there. Kaplan University, by the way, is owned by The Washington Post company. Speaking of Kaplan , this is also in the news: NY Times, E.E.O.C. Sues Kaplan Over Hiring , Sending a sharp warning to employers nationwide, the Equal Employment Opportunity Commission sued the Kaplan Higher Education Corporation on Tuesday, accusing it of discriminating against black job applicants through the way it uses credit histories in its hiring process. . . . In the E.E.O.C.’s suit, which was filed in federal district court in Cleveland, the agency said that since at least January 2008, Kaplan had rejected job applicants based on their credit history, with a “significant disparate impact” on blacks. . . . The E.E.O.C. typically brings discrimination cases only when it is convinced that serious abuse has occurred. Resources: Demos: Student Loans and Student Loan Debt , links to Demos resources and research on this issue. The Project On Student Debt This post originally appeared at Campaign for America’s Future (CAF) at their Blog for OurFuture . I am a Fellow with CAF. Sign up here for the CAF daily summary .

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Dan Solin: Gross Returns for Bill Gross

December 22, 2010

PIMCO’s Total Return Fund (PTTRX) is the largest mutual fund in the U.S, with assets in excess of $250 billion. The goal of the fund is “maximum total return, consistent with preservation of capital and prudent investment management.” It invests at least 65% of its assets in investment grade fixed income instruments. The fund is managed by Bill Gross, who is something of an icon in the world of bond fund managers. His financial acumen has served him well. He has a reported net worth of $1.3 billion and is known for discovering the key to making money in bonds: trade don’t buy and hold. When Gross was inducted into the Fixed Income Analysts Society Hall of Fame in 1996, his virtues were extolled in an induction speech given by Jack Malvey, who was then president of the society. Malvey noted that Gross’s “…methodology arguably has spawned the entire active total-return approach to fixed-income investing.” Malvey noted PIMCO’s remarkable record of beating the Lehman Aggregate Bond Index in 79 out of 80 periods from the first quarter of 1974 through the third quarter of 1996. Very impressive. You would think if anyone could run an actively managed total return fund, it would be Mr. Gross. I assume that was precisely the thinking that made the fund so successful in attracting assets. So, what happened? According to a recent article in Barron’s , investors yanked $1.9 billion from the fund in November. Bloomberg reported the fund lost 3% in the 30 days through December 8, and posted the worst record of all but one of the ten largest bond funds. This dismal performance is in stark contrast to its five year record, which placed it in the top 2% of its peers. Will the future of this fund be like its five year record, or is its dismal recent performance a precursor of what’s to follow? No one knows and that’s precisely the problem with active management. Even a long streak of stellar performance is not indicative of future returns. Standard & Poor’s does a semi-annual analysis of the performance of active vs. passive stock and bond funds. Its Mid-Year 2010 Scorecard found that, for the five years ending June 30, 2010, the data was “unequivocal” for fixed income funds. Across all categories, more than 75% of active bond fund managers failed to beat their benchmarks. 12% of fixed income funds merged or were liquidated. Is Bill Gross the bond guru you have been looking for? Is he an exception to this data? Like most gurus, sometimes he is right and sometimes he is wrong. You can see examples of his predictions here. It’s difficult for investors to accept the fact that the predictive powers of even the most impressive experts are typically no greater than you would expect from the flip of a coin. That’s not surprising because they are predicting unpredictable, random events. It’s really lucrative to be anointed a stock or bond guru. Assets will flood into your mutual fund and the management fees (and resulting IPO) can make you very wealthy. For investors, following the pied piper du jour is a slippery slope. Underperforming the market is the most likely outcome. The views set forth in this blog are the opinions of the author alone and may not represent the views of any firm or entity with whom he is affiliated. The data, information, and content on this blog are for information, education, and non-commercial purposes only. Returns from index funds do not represent the performance of any investment advisory firm. The information on this blog does not involve the rendering of personalized investment advice and is limited to the dissemination of opinions on investing. No reader should construe these opinions as an offer of advisory services. Readers who require investment advice should retain the services of a competent investment professional. The information on this blog is not an offer to buy or sell, or a solicitation of any offer to buy or sell any securities or class of securities mentioned herein. Furthermore, the information on this blog should not be construed as an offer of advisory services. Please note that the author does not recommend specific securities nor is he responsible for comments made by persons posting on this blog. Here is the trailer for my new book, Timeless Investment Advice .

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Kevin Connor: Celebrating Ten Years of Derivatives Deregulation

December 21, 2010

Today marks the tenth anniversary of President Clinton’s signing of the Commodity Futures Modernization Act (CFMA). At passage, the bill was said to establish “legal certainty” for derivatives. In other words, the bill assured bankers that they wouldn’t face any legal consequences in the United States when they manipulated, defrauded, and colluded their way to billions in profits using financial derivatives that no one understood. The CFMA led to serious consequences for the rest of us, including the exacerbation of the housing bubble and the subsequent bank bailouts and foreclosure crisis; the California electricity crisis; periodic food and energy price spikes that have hit consumer pocketbooks hard; and, of course, the continued reign of an unaccountable shadow banking sector over the economy. The legislation was a bipartisan effort, but Clinton Treasury Secretary Larry Summers — who will soon be leaving the Obama White House — deserves the bulk of the credit for its passage. Summers, along with Robert Rubin and Alan Greenspan, had prevailed over CFTC chair Brooksley Born two years earlier when she attempted to subject derivatives to regulatory oversight. Born was essentially forced out by Summers & co, who then went to work putting together the deregulatory gift basket that later became known as the CFMA. Summers worked Congress in the year preceding the bill’s passage, and testified in June 2000 that it was his “very great hope” that the bill should pass. Democrats have blamed Republican Senator Phil Gramm for one of the more controversial measures in the bill, the so-called “Enron loophole,” which has enabled destructive energy speculation of the sort that caused California’s electricity crisis and the fuel price spikes of 2008. The story goes that Gramm used an extraordinary legislative maneuver to slip the loophole into the bill at the last minute, unbeknownst to other Senators or the Clinton Treasury. During the 2008 presidential race, the Obama campaign suggested that Gramm, a McCain adviser, was the creator of the loophole. Journalists ran with that story. This version of events is extremely far-fetched. Summers and his lieutenants deserve just as much of the credit, if not more, for the inclusion of Enron’s language in the final bill. As early as August 2000 — four months before the passage of the CFMA — Summers lieutenant Lee Sachs , who handled energy negotiations for Summers, indicated to Enron lobbyists that Treasury would support the Enron language, which appeared in the House bill (but not the Senate bill). Here is Enron lobbyist Chris Long describing the meeting to higher-ups in an email from the Enron archive: I told Lee that we shared his desire to move the legislation as long as it contains a full exclusion for all non-agriculture commodities (including metals). He said that we would have a difficult time defending the metals provision politically. But, Lee said “we would not find Treasury opposition to the House Commerce Committee language” (which includes favourable language on energy and metals). This is a positive development, because it isolates the CFTC from its key defenders and I hope ensures no veto threat on our issues. However, I do not expect Treasury to be vocal in support of our position. Enron spent much of the next several months strategizing to get Gramm — whose wife sat on Enron’s board — to recognize how important the legislation was to Enron, support it, and ensure its passage. Gramm was opposed to the bill on the grounds that it didn’t go far enough to deregulate banking products unrelated to Enron’s business. The Clinton administration’s support was never in question. The plan, all along, was to go with Enron’s language despite some opposition in the Senate. It helped that the Clinton Treasury was very cozy with Enron. Just four days before Congress passed the CFMA, Summers awarded Enron lobbyist Linda Robertson — formerly an assistant secretary in the Summers Treasury — Treasury’s highest honor, the Alexander Hamilton award. Summers had recommended Robertson, who now works at the Federal Reserve, for the lobbyist job at Enron. Enron CEO Ken Lay later offered Summers a seat on the board of Enron, as he had done with the previous Treasury Secretary, Robert Rubin, at the close of the Clinton administration; Summers turned it down in light of his appointment as president of Harvard. Summers had also famously assured Lay that “I’ll keep my eye on power deregulation and energy market infrastructure issues” shortly after becoming Treasury Secretary, in hand-written scrawl at the bottom of a letter. Enron lobbyist Robertson later recommended Lee Sachs — who served in the Geithner Treasury from 2009 to 2010 — for a spot on Enron’s advisory committee in an email to Lay assistant Steve Kean and lobbyist Richard Shapiro. The email is worth printing in full (she also mentions the Summers board appointment at the beginning): As you know, Ken has talked to Larry Summers about serving on Enron’s Board of Directors. Larry told Ken that in light of his selection to head Harvard, he wants to hold off going on any corporate boards for now. My understanding is that Larry will most likely accept Ken’s offer at the end of the year. In the meantime, let me suggest a candidate for Enron’s Advisory Committee. Lee Sachs was Assistant Secretary of Treasury for Financial Markets under Bob Rubin and Larry. Lee coordinated the energy negotiations for Larry at the end of the Clinton Administration. You probably met Lee at those meetings. Lee is brilliant. He was a Managing Director at Bear Sterns before joining the Treasury team. He is a huge fan of Enron and is constantly telling me how extremely well positioned Enron is for the future. He has done considerable research on our business model and is constantly talking to his buddies on Wall Street about us. Lee will undoubtedly be a significant player in any future Democratic Administration. I know he would be an invaluable addition to this Committee. He has not decided what he is going to do next, but has several extremely good offers on the table from large investment firms and hedge funds. None of these would conflict with this type of activity. I thought I would plant this suggestion with you not knowing exactly how these things are done. [emphasis mine] Sachs went on to work for Perseus LLC , a private equity firm run by top Democratic insiders Jim Johnson, Richard Holbrooke, and Frank Pearl. He later joined the hedge fund Mariner Investment Group , where he sold toxic CDOs to investors . In 2009 he became Geithner’s right-hand man at Treasury, but left in March 2010 in the wake of controversy surrounding those CDOs, and landed on his feet at Brookings. When he leaves the Obama administration, Summers will inevitably slip out the revolving door and land some lucrative consulting contracts with investment firms that he helped bail out. The deep corporate consensus in this age of deep corporate capture will be the same as it was when Summers last exited a presidential administration — that he did a heckuva job, in Obama’s words. The markets are modernized! the bailouts are booking profits! — and other such nonsense. It’s enough to make one hope for another data dump in the style of the Enron email archive, one that would contain insider communications between bank executives and government officials, thereby further illuminating the wholly captured and compromised state of our political system, where individuals like Larry Summers and Lee Sachs are ascendant, and corporations are able to secure legislation like the CFMA on the strength of powerful friends and bottomless pockets. One can hope… *** I’d like to share one last email from the archive, in case you were still on the fence about whether the Summers Treasury was completely captured by Enron. The following email, from Enron lobbyist Linda Robertson to her higher-ups in the summer of 2001, recounts a conversation between Lee Sachs and NYT reporter Jeff Gerth in which Sachs defends Enron’s favored regulatory exemptions and answers questions related to Enron’s influence of the bill: Lee Sachs was contacted for a second interview by Girth [sic]. Lee concluded from this interview that Girth is going down the “Enron influence” path. Girth did not probe the question of whether derivatives drive the physical commodity market, which as noted below was a big part of the first interview. Girth asked Lee extensive questions about Enron’s involvement in the legislation and who talked to whom and when. Girth said that he had talked to the CFTC who said they got steamrolled on the energy exemption by the Hill. Lee reminded Girth how the CFTC got themselves into this bind when they first issued the “Concept Release” paper, which the President’s working group immediately denounced. Lee said that the Working Group constantly told the CFTC that they should work out the issue with the Hill and to do so quickly because the CFTC had made a massive mistake with the Concept Release document. Lee reminded Girth that while the Working group did not get into the specifics of the energy exemption, that in fact energy was already exempted prior to reauthorization and that it continued to meet the criteria laid out in the President’s report. I can go into that part of the discussion more thoroughly, but just suffice it to say Lee meticulously walked Girth through the safe harbor test and the background of the issue. Girth asked Lee if I had talked to Lee about the issue after leaving Treasury, to which Lee said we talked but not about this subject and that he instead talked to Chris Long. Girth asked if Ken Lay had talked to either Summers or Phil Gramm. Lee said he did not think Ken talked to Summers about the CFTC reauthorization (but mentioned Ken’s very constructive engagement on the Calif energy talks) and that as far as Ken talking to Gramm, Lee had no idea but assumed two Republican Texans would have lots of reasons to talk to each other. Girth told Lee he would soon go on vacation and that they story would come after Labor Day.

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In Obama Anti-Foreclosure Program, Thousands Of Homeowners Strung Along For A Year

December 21, 2010

More than 29,000 troubled American homeowners have been stuck in mortgage modification purgatory for at least a year, with no end in sight, under the Obama administration’s anti-foreclosure program, according to a recently released report from a watchdog panel appointed by Congress. These homeowners were supposed to receive lower payments on a trial basis lasting three months and then gain so-called permanent mortgage modifications–lowered payments lasting five years. But more than a year after beginning their trial phase, they have yet to be granted the permanent relief, leaving them unsure about their ability to hang on to their homes. Meanwhile their lenders continue to report them to credit bureaus as delinquent, impairing their ability to borrow in the future. The new data, disclosed last week in a report from the Congressional Oversight Panel, added the latest sign of trouble to an anti-foreclosure program that was once supposed to help 3 to 4 million hang on to their homes. It is now on track to aid less than one-fourth that number. The homeowners stuck waiting for permanent relief now contend with a higher cost of living thanks to lower credit scores and higher mortgage debt. They’re also prevented from moving on as they try to keep a mortgage teetering on the verge of foreclosure. “It’s horrifying, but it’s not surprising,” said Diane E. Thompson, counsel to the National Consumer Law Center. “I hear about this everyday from people. When I go out to do trainings, I have people put their hands up in the room and I try to think of prizes for the person who has the oldest trial mod, and they’re routinely 18 months old.” Twenty-eight homeowners who entered the program in March 2009, or more than a year-and-a-half ago, remain in the trial phase. Some 475 have been in trial limbo for 18 months. More than 29,100 borrowers have been stuck in the trial phase for at least a year, data through October show. “After promises of hope, the fact that so many families remain in financial limbo goes to the heart of our biggest concern: some mortgage servicers on their own simply seem not to be up to the task of effective, widespread mortgage modification,” said Richard H. Neiman, New York’s top bank regulator and a member of the oversight panel. Neiman added that “Treasury has not been able to hold them fully accountable.” While the Treasury Department discloses the number of homeowners who have been in the trial program for at least six months, Treasury has never revealed the number of borrowers who have been in the trial phase for at least a year. Bank of America, the nation’s largest bank by assets, accounted for nearly half of all the aged trials, according to Treasury’s latest publicly-released scorecard. Thompson said the number of homeowners stuck in limbo is likely much higher as mortgage firms self-report their data to Treasury, and are likely to skew the numbers in their favor. The modification initiative, known as HAMP, long ago was dismissed by housing experts as a failure. More homeowners have been bounced from the program than have received permanent relief. The average borrower lucky enough to get into a five-year plan ends up owing more on their mortgage than they did prior to entering the program. Research shows that homeowners in this state, known as being underwater, are less likely to move–such as in pursuit of a job–and more likely to default. And more than a third of those in so-called permanent mortgages spend more than 80 percent of their monthly income servicing debt, raising questions about the long-term sustainability of the modifications. The oversight panel said HAMP would prevent less than 800,000 foreclosure, at a cost of about $4 billion. The administration originally allocated $50 billion in bailout funds to help homeowners. Last week, the Treasury Department official overseeing its bailout programs admitted for the first time that the mortgage modification initiative will not meet the goal laid out by President Obama when he announced the program in February 2009. Then, Obama said it would enable “as many as 3 to 4 million homeowners to modify the terms of their mortgages to avoid foreclosure.” “I think it’s apparent from our numbers that we will not have 3 to 4 million” permanent modifications, said Tim Massad, Treasury’s acting assistant secretary for financial stability. More than 2.8 homes received foreclosure notices last year, according to real estate data provider RealtyTrac. The Federal Reserve expects 7.4 million homes to enter foreclosure this year through 2012. It recently revised its projection up from 6.5 million as the crisis has worsened. Treasury officials say the program’s shortcomings are due to mortgage firms’ inability to handle the huge influx of distressed borrowers that flooded the system when the housing market soured; the changing nature of the housing crisis, which was once dominated by subprime mortgages and now remains depressed due to a lingering high unemployment rate; and borrowers’ lack of maintaining proper documentation describing their circumstances, like monthly income. To deal with the borrower issue, Treasury redesigned the program to require documentation in order to enter the trial phase, rather than the previous practice of rushing to get homeowners enrolled in the program and asking for their paperwork later. Treasury maintains that this has led to better results. But according to the oversight panel’s data, nearly 30 percent of borrowers who made their first trial payment in June–and made their payments on time in July, August and September–remain in the trial phase. A little more than half actually converted into a permanent modification, making it the only month dating to March 2009 in which the conversion rate eclipsed 50 percent, data show. Andrea Risotto, a Treasury Department spokeswoman, cautioned that there is some lag between when a decision on a permanent modification is reached and when that is entered into the system. Still, Treasury officials argue that even with homeowners remaining in limbo, they’re still benefitting from the program as they’re able to continue living in their homes, at a reduced rate, and without cost to taxpayers (the initiative only pays for permanent modifications). “The trial period provides immediate relief to struggling homeowners at no expense to taxpayers,” Risotto wrote in an e-mail. She added that Treasury data show that a majority of borrowers rejected during the trial phase end up in alternative foreclosure-prevention programs. Thompson, who works with homeowners and their advocates, completely disagreed. “The big overarching thing is, nobody wants to be in a trial mod. Everyone wants resolution in their lives,” she said. “Everyone in foreclosure is desperate to get out of foreclosure. It’s incredibly stressful, it’s humiliating, and shameful. Nobody feels good about it. People want it done, they want it over with, they want to be able to move on.” Also, even though the homeowners are making their payments, they’re still being reported as delinquent to the major credit reporting bureaus, Thompson said. “So think about what that does when they go to apply for a car, or what it does to their credit card rates, or if they’re applying for a job, or want to move, or even want to rent a place,” she said. “It affects their cost of living and their ability to manage their life in all sorts of ways. Credit is a huge issue.” Finally, when homeowners are in the trial phase their mortgage company tacks on to their mortgage principal the difference between their old monthly payment and the reduced amount. The longer the trial, the more gets added. Thompson said that for some of these homeowners, that tacked-on amount is enough to tip the scales against a permanent modification when their mortgage company finally decides to run the formula that determines whether they keep their home, or are forced out. A bigger debt load works against homeowners, she added. “This is not a good deal for homeowners.” ************************* Shahien Nasiripour is a business reporter for The Huffington Post. You can send him an e-mail ; bookmark his page ; subscribe to his RSS feed ; follow him on Twitter ; friend him on Facebook ; become a fan ; and/or get e-mail alerts when he reports the latest news. He can be reached at 646-274-2455.

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Imad Mouline: M-Commerce Has Arrived — Which Retailers Will Win?

December 20, 2010

We will look back at 2010 as the year M-commerce arrived. This holiday season, more than half of consumers say they will do some form of shopping on their smartphone or mobile device. But our holiday Retail User Experience Index showed many shoppers are only “tolerating” website performance (load time, availability) on mobile devices. This confirms our consumer survey findings that 58 percent of shoppers expect mobile websites to load as fast or faster than their desktop counterparts. These are the same consumers who also desire a rich web experience with video, graphics and compelling applications. M-Commerce: Context is Key Many are quick to blame the carriers for poor mobile performance, but our data shows that’s too simple an excuse: the differences between the best mobile website performers and the laggards are pretty wide, even on the same wireless network. So how does an online retailer address the challenges of mobile devices? The answer is context — specifically how and under what circumstances does your mobile audience interact with your website? Are they bag-totting business travelers who require one-thumb transactions while catching a flight? Is it a shopper at the mall, using her phone for price comparisons or barcode scans? Or a subway rider dealing with spotty connections? And what time of day do they shop and from which geographies? This context was not as important when online retailing was done only on a laptop or desktop computer. Evolution of Mobile Commerce To explore this challenge, let’s look at the evolution of retailing on mobile devices. It starts with a desktop-optimized website and the hope that this core destination, in its full glory, will also perform well on a mobile device. Yes, there are still a few of those left. Step Two is the realization that the smaller screen size requires a distinct layout, so retailers build a mobile-optimized site, which is typically a stripped-down version of their main site, one that recognizes the device and hopefully shifts you to the m-dot version. This is progress, but it still views the device as a limited channel. Because we now live in a world of apps, at some point a retailer moves on to Step Three of the evolution: a simple app. These are usually just a thin native wrapper which reuses existing browser functions. Nothing fancy, but at least it’s an app. Step Four is where many retailers are today, as they capitalize on the full capabilities of the mobile device and build apps with native functions and APIs that use the camera, location services (GPS) and other talents of the hardware itself. The goal is to provide a customized device-specific interface. Then there’s Step Five, where a company decides it must have it all. It revisits Step Three, adding mobile-specific functionality to the website. So it’s no longer about the limitations of mobile or making the site just “fit” the format. Here retailers make certain the browser fully embraces the capabilities of the device, while at the same time offering several dedicated apps, customized for each mobile OS currently available. So how much does any one retailer need? That’s usually based on what the category leaders and top performers are doing. But more often, the competition is the creator of the app or website providing the most useful, interesting and flawless web experience. Even if they’re not in the retail category, these are the companies driving today’s user expectations. Ultimately this brings us back to context: how and under what conditions does your audience use their device and which devices are the most important to them? That will drive a retailer’s buildout priorities. But as we’ve seen, this is a complex issue. Best-in-Breed Mindset Five years ago retailers did not need to consider mobile devices. Today they have to deal with multiple mobile platforms, a variety of mobile browsers, dedicated apps for each OS, and also address the moving target of mobile carrier performance. If a retailer sees these challenges as limitations, it will risk falling behind. Viewing the mobile sea change as a series of opportunities is the predominant mindset we’ve seen in best-in-breed retailers. These leaders also adopt best practices which include benchmarking the competition’s transaction times, so you have a reference point, and also creating an effortless transaction flow. In other words, does it take two steps to complete a transaction or six? Measuring response times from the end-user perspective is also vital, as much can go wrong between your data center and your customer’s iPhone. So take a “first mile to last mile” monitoring approach for the best results. This is particularly important with mobile, where the best sites and apps are architected to seem impervious to the shortcomings of mobile carriers. The game is on for mobile device shopping. And unlike the desktop web, the winners have yet to be crowned. The customers are ready to play, and the days of tolerating poor performance “because it’s mobile” are fading fast. Those who embrace the mobile opportunity, offer the most usable features, and provide the fastest, most consistent performance will emerge as the leaders in their category.

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David Gorodyansky: Even Savvy Shoppers Can Get Scammed — Tips for the Holiday Shopping Season

December 7, 2010

Last week marked the official beginning to the holiday shopping season. More people will be buying their stocking-stuffers online than ever before this year. comScore predicts online spending this holiday season will grow by at least 9%, two times last year’s pace, and the National Retail Federation (NRF) is expecting 2010 holiday retail sales to rise by 2.3% this year to $447.1 billion, compared with a rise of only 0.4% last year. In fact, the NRF reported that 33.6% of Thanksgiving weekend sales (Thursday-Sunday) were online, the highest percentage ever. Yet as the number of Internet shoppers rises, so do the threats to both personal security and privacy. We are voluntarily putting more of our personal information out there than ever before through social channels like Facebook and Twitter and the associated purchasing mechanisms which have latched on to these communities — but are we being smart about our online activity? Not really. The average consumer remains negligent to the fact that their information is not automatically protected when online. Security breaches come in all shapes and forms, from sidejacking — where someone on your Wi-Fi network literally hijacks into your internet session to steal your info — to lesser known tactics of fake e-coupons that allow hackers to gain access to your credit card information. The recent release of Firesheep shed light on the fact that, despite some protection, we all still need to take measures to protect our personal information online. What many people don’t realize is that while your credit card numbers might be made public when shopping online, so can your behavior — which can be even more frightening. What’s even more alarming is that these privacy violations don’t just come from rogue hackers. Rather, big companies are in the practice of violating individuals’ online privacy everyday by monitoring and storing what you buy. Recently in the news there has been a resurrection of noise around Deep Packet Inspection (DPI), intrusive technologies for profiling and targeting Internet users with ads which goes beyond monitoring just Web browsing and literally tracks an individual’s behavior online. Creepy isn’t it? Even some of our favorite websites are getting into the game, such as Facebook passing your data to third party sites and Google’s Wi-Fi data collection. The point is, the general need to raise awareness around online privacy is all around us. Rest assured that not all hope is lost as there are a number of simple ways that you as a consumer can take your privacy and security into your own hands. Here are some simple tips and tricks that make it possible for anyone — tech savvy or not — to stay safe and private when hunting for the big deals and surfing the Web this holiday season: 1. Antivirus: Invest in antivirus software like McAfee, Symantec or Webroot, which helps to blocks viruses, spyware, spam and lesser known threats to consumers like trojans, worms and rootkits, encrypting critical passwords and making your PC invisible to hackers. 2. Download and be done: While antivirus technology is critical, it remains the case that only 40% of people are actually protected by their antivirus. To help ensure that you are completely secure and protected online, combine this with a tool like as Hotspot Shield, a completely free download (Virtual Private Network — VPN) which keeps you secured and blocked from outside eyes. 3. Stamp of Approval: Look for accredited seals of approval from third party entities. And wherever you enter your credit card or other personal information, make sure that there is an “s” after http in the Web address. This means that it is encrypted. 4. Lock and key: Make sure there is a tiny closed padlock in the address bar, or on the lower right corner of the window. This lets you know that the site is secure. 5. Too Legit? This one can be a bit tougher, but take a minute to look for signs that the business is legitimate. Goes without saying that the Amazons and Targets of the world are legit, but for smaller shops, double check that it’s a credible business by calling the main number or doing a quick online search for other user reviews. Online shopping provides an easy option for savvy shoppers, but make sure you’re smart about how you buy. Follow these tips and protect your identity, information and right to online privacy this holiday season.

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American Internet Services (AIS) Bolsters Team With New VP of Sales

November 30, 2010

Mark De John, an Expert in the Data Center and the Colocation Industries, to Drive Expansion and Go-to-Market Strategies

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EU Launches Antitrust Probe Into Google Searches

November 30, 2010

BRUSSELS — European Union regulators will investigate whether Google Inc. has abused its dominant position in the online search market – the first major probe into the online giant’s business practices. The move announced Tuesday follows complaints from rival search engines that Google put them at a disadvantage in both its regular and sponsored search results, by listing links to their sites below references to its own services in an attempt to shut them out of the market. The EU Commission will also see whether Google prevented advertising partners from placing ads from competitors on their sites. Competitors allegedly shut out include computer and software vendors, the commission said. If the Commission finds that Google has abused its market position, the company could be fined up to 10 percent of its revenue – that would put it on the line for a $2.4 billion fine based on 2009 earnings figures. The Commission has shown resolve in confronting U.S. corporations and only last year concluded a long-running antitrust case involving Microsoft Corp. that lead to over $1 billion of fines. Three companies – U.K.-based price-comparison site Foundem, French legal search engine ejustice.fr and Microsoft-owned shopping site Ciao – lodged complaints against Google with the commission in February. The investigation does not imply any wrongdoing by Google, which controls about 90 percent of the online search market in Europe, but shows that the antitrust watchdog is taking the complaints seriously enough to launch an in-depth examination of the company’s practices. Google has maintained it is confident that it hasn’t done anything wrong. “Since we started Google we have worked hard to do the right thing by our users and our industry – ensuring that ads are always clearly marked, making it easy for users and advertisers to take their data with them when they switch services, and investing heavily in open source projects,” Google said in an emailed statement. “But there’s always going to be room for improvement, and so we’ll be working with the Commission to address any concerns,” the company said.

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Anthony Tjan: Dear Entrepreneur, Avoid First-Impression Mistakes

November 29, 2010

Poor first impressions are avoidable. I’m amazed by some of the really unfortunate mistakes that people make during important first meetings, whether it’s a job interview, an important pitch, or other high stakes first-time business encounters. The secret to avoiding these mistakes is to spend time preparing before the meeting. In today’s hyper-connected world, there’s no excuse for not learning as much as possible about whom you are meeting and their company. It’s the basic mental training you need to do before “game day.” And yet people don’t do it enough. If people prepped as much for an important business meeting as they did for a first date, there would be a lot more business success stories. Last week, I was conducting interviews for a position in our firm. I asked a candidate which of our portfolio companies he liked the best, and he could not remember the name of a single company. Another candidate came in and thought we were an advertising company (we are a venture capital firm). And it’s not just job seekers. Many entrepreneurs come to pitch ideas without studying in greater detail the backgrounds of the partners with whom they were meeting. It was easy to tell that, at most, they took a quick scan of our website prior, but didn’t spend enough time there, or didn’t focus on the right parts. Here are some common sense things to do before any meeting: Start with the company website and Google the person you are meeting. On the company website, I look up the person’s bio but I also Google the person to get other bios or profiles on the person. With the person’s bio in hand, you should lock in your mind the following facts: where they grew up, where they last worked, and where they went to school. As stupid as it sounds, make sure it is the bio of the person you are meeting; there are a lot of Chris Smith’s out there and sometimes they even work within the same company! Find an online image of the person. It is always more comfortable (not to mention easier to spot the person) when you know what he or she looks like before the meeting. I cannot tell you the psychology behind this, but I believe that the more unknowns you eliminate before a meeting, the less anxiety you’ll have in the actual meeting. When I have seen the person’s face, I go into a meeting feeling like I have met the person before and am more at ease. This is also helpful to do for phone calls. I remember once preparing for a call with a well known CEO of a Fortune 100 company, seeing his friendly face online ahead of time relaxed me. Get the latest news or analysis on the company. For a public company, I’ll get the latest analyst report and look up the recent stock trading price and trends. It’s funny how people seem to be happier when their stock is on the rise. For private companies, I look to see if bloggers or sites such as TechCrunch have mentioned them. Finally, I do a quick scan of their profile on compete.com (or alexa.com) to get a snapshot of their traffic trend. If you are short on time, just make sure you can fill in the following blanks: “The company I am seeing does/makes _________ and it is different because _________.” Find out who is connected to the person or firm you are meeting and talk to them . Someone once said to me that, in the VC world, the best way to get a good first meeting is to be introduced to the firm. With Facebook, LinkedIn, and online school and work alumni databases, you have a pretty good shot at speaking to someone to get color on just about anyone or any company. Find someone familiar with that person or company, and ask him or her to share as much background as possible. Go in knowing your top objectives for the meeting and the top one to two questions you would like answered. I loved it when a serial entrepreneur with whom I had a meeting said right off the bat, “What do you hope to accomplish with this meeting?” I welcomed the directness. With your top objectives and top questions in mind, also understand the expected time frame of the meeting. Know this information but don’t show off. One of the dangers of doing even a little background research is that you can come across as obsequious, i.e. a suck up. One of my partners has a great line — act stupid, win smart. Be armed with the data so that you can answer or direct the conversation appropriately; your goal is not to demonstrate what you know of the person or company but what you had in mind when you first set up the meeting. This article first appeared on Harvard Business Publishing on November 23, 2010.

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Dan Solin: The Market Is Rigged Against You

November 24, 2010

Every day millions of shares of stocks and mutual funds are traded on the national exchanges. The system is premised on an equal playing field. Buyers and sellers are supposed to have access to the same information in order to make decisions about whether to buy or sell. Many have long suspected this premise is false. We know the “big boys” have access to super computers which provide trading information nanoseconds before it’s available to others, giving them the opportunity to use this data before it’s known to the average investor. It’s called “high frequency trading” but it’s really nothing more than legalized front running . According to an article in the Wall Street Journal , this is child’s play compared to the inside trading that pervades the markets. The article reports a three year investigation by federal authorities that could “ensnare consultants, investment bankers, hedge-fund and mutual-fund traders and analysts across the nation…” Who is on the wrong side of these trades? The average Joe who is trying to save enough for retirement. Even without this illegal activity, the securities industry practically insures most investors squander their money. The industry wants you to believe some “guru” (usually your friendly broker) has the skill to pick stocks or mutual funds that will beat market returns. A recent study by Standard and Poors demonstrates the confusion between luck and skill which is fostered by these “experts.” The study found that, over the five years ending September 2009, only 4.27% of large-cap funds, 3.98% mid-cap funds, and 9.13% small-cap funds were able to repeat their top-half or top quartile rankings. No large- or mid-cap funds, and only one small-cap fund maintained a top quartile ranking over the same period. Over longer periods, persistence of performance generally was less than you would expect from random chance. Other studies support the view that stellar performance by actively managed mutual funds can be attributed to luck and not skill. The ramifications of the insider trading scandals and these studies are profound and largely ignored by retail investors. If mutual fund managers had skill, you would expect a high correlation between past returns and future returns. This correlation does not exist. Since they don’t have skill, relying on them to produce outsized returns is gambling and not investing. While that is depressing enough, add the fact that the entity on the other side of your trade may have inside information that gives them an unfair edge. The conclusion is both inescapable but elusive for most investors: Your goal should be to capture market returns, using a globally diversified portfolio of low cost index funds, in an asset allocation appropriate for you. This means firing your market beating broker or advisor and selling all of your individual stocks, bonds and actively managed mutual funds. You can be a victim or victor in your quest for financial security. You are looking for guidance in all the wrong places if you a relying on the securities industry to help you get there. The views set forth in this blog are the opinions of the author alone and may not represent the views of any firm or entity with whom he is affiliated. The data, information, and content on this blog are for information, education, and non-commercial purposes only. Returns from index funds do not represent the performance of any investment advisory firm. The information on this blog does not involve the rendering of personalized investment advice and is limited to the dissemination of opinions on investing. No reader should construe these opinions as an offer of advisory services. Readers who require investment advice should retain the services of a competent investment professional. The information on this blog is not an offer to buy or sell, or a solicitation of any offer to buy or sell any securities or class of securities mentioned herein. Furthermore, the information on this blog should not be construed as an offer of advisory services. Please note that the author does not recommend specific securities nor is he responsible for comments made by persons posting on this blog. Here is the trailer for my new book, Timeless Investment Advice .

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David Isenberg: October 2010 SIGIR Quarterly Report

November 5, 2010

The latest quarterly report from the Special Inspector General for Iraq Reconstruction (SIGIR), released October 30, has not received much attention. That is a pity because SIGIR does fine work and its reports always provide a wealth of detail on contractor activities in Iraq. Let’s consider a few examples of fraud noted in the report. As of early October 2010, SIGIR investigators were working 110 open cases. Recent investigative accomplishments included: • On July 23, Theresa Russell, a former staff sergeant in the U.S. Army, was sentenced in federal court in San Antonio, Texas, to five years probation and ordered to pay $31,000 in restitution and a $100 special assessment. The sentence was the result of a January 27, 2010, guilty plea to a one-count criminal information charging her with money laundering arising from a scheme involving the fraudulent awarding and administration of U.S. government contracts in Iraq. On August 11, Wajdi Birjas, a former DoD contract employee, pled guilty to conspiracy to bribe U.S. Army contracting officials stationed at Camp Arifjan, an, an Army base in Kuwait, and to money-laundering conspiracy involving former Majors Christopher Murray and James Momon, as well as a sergeant first class deployed to Camp Arifjan as a senior procurement non-commissioned officer. • On September 2, Dorothy Ellis, a former senior employee of a U.S. military contractor, pled guilty to conspiracy to pay $360,000 in bribes to U.S. Army contracting officials stationed at Camp Arifjan in Kuwait. According to court documents, Hall obtained the work by bribing certain U.S. Army contracting officers, including Momon and Murray. Ellis admitted that she participated in the bribery scheme by providing Momon and Murray access to secret bank accounts established on their behalf in the Philippines. Under the plea agreement, Ellis agreed to forfeit $360,000 to the government. Sentencing is scheduled for December. • In mid-September, papers were filed in federal court charging a U.S. Army major with one count of bribery. The major, who had served two tours in Iraq and one in Afghanistan, was charged with accepting money and other items of value from two foreign nationals affiliated with companies that sought and received Army contracts. If convicted, the major will have to forfeit all property derived from proceeds traceable to the commission of the offense, including two Rolex watches, real estate, a camper trailer, a Harley Davidson motorcycle, and a Dodge Ram truck. On October 1, Ismael Salinas pled guilty to receiving hundreds of thousands of dollars in illegal kickbacks from subcontractors in Iraq. Salinas overbilled DoD by $847,904, taking at least $424,000 in kickbacks from six companies. Salinas faces up to five years in prison when he is sentenced in December. Of course, not all contractors are crooks. Many make the ultimate sacrifice, albeit unheralded. The Department of Labor (DoL) received reports of 14 additional deaths of contractors working on U.S.-funded reconstruction programs in Iraq this quarter. DoL also received reports of 799 injuries this quarter that resulted in the contractor missing at least four days of work. Since DoL began compiling this data in March 2003, it has received reports of 1,507 contractor deaths in Iraq. Contractor mortality is now roughly equivalent to U.S. military fatalities, according to the report. The number of claims for contractor deaths has generally declined since early 2007, but military fatalities have declined even more. Consequently, the number of military fatalities and contractor deaths is now similar. According to GAO analysis of DoL data, approximately 26% of contractor deaths in FY 2009 and the first half of FY 2010 were due to hostile incidents, mostly resulting from improvised explosive devices. Contractor injuries increased sharply in late 2006 and began rising again in 2009. Note: See the graphic on page 55 for detail. For a month by month breakdown of contractor fatalities see graphic on p. 73.

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William K. Black: Let’s Set the Record Straight on Bank of America: Open the Books!

November 4, 2010

While we welcome Bank of America’s response to our two-part essay, ” Foreclose on the Foreclosure Fraudsters ,” it does not actually respond to any of the facts or analytical points we made. Indeed, it does not engage the issues we raised. Bank of America’s response contains some useful data on foreclosures that supports points we have made in prior articles, but overwhelmingly it is a plea for sympathy; Bank of America says it is beset by deadbeat borrowers and it is distressed that it is criticized when it forecloses on their homes. Bank of America portrays itself as the victim of an ungrateful public. Bank of America Should be Placed in Receivership NOW We argued that the FDIC should place Bank of America in receivership and the federal banking agencies should impose a moratorium on foreclosures until the mortgage servicers correct their systems, which currently often rely on massive fraud and perjury. There can be no assurance that foreclosures are lawful until the banks actually find the mortgage “wet ink” notes signed by debtors to prove they are the true beneficial owner of the mortgage debts, which is required to seize property. We also called on the banks to identify and compensate homeowners who were fraudulently induced to borrow by the lenders and their agents through a number of fraudulent practices variously marketed by lenders as “no doc”, liar, and NINJA loans (all subspecies of what the industry aptly called “liar’s” loans). We showed that outside studies by a wide range of parties showed massive fraud by the bank. The demands by investors that Bank of America repurchase loans and securities sold under false “reps and warranties” may cause exceptional losses if those making the demands document the broader fraud by the lenders. The article “Bank of America Resists Rebuying Bad Loans” shows that Bank of America’s potential loss exposure to Fannie and Freddie is staggering: “[Bank of America] said it sold $1.2 trillion in loans to the government-controlled housing giants from 2004 to 2008 and has thus far received $18 billion in repurchase claims on those loans.” The company is fighting the groups that are demanding that it repurchase the toxic mortgages. Its CEO, Brian Moynihan counters their claims with the following analogy: Such investors are like “people who come back and say, ‘I bought a Chevy Vega, but I want it to be a Mercedes with a 12-cylinder [engine],’” Mr. Moynihan said in October. “We’re not putting up with that.” One-third of its subprime business is in default and Mr. Moynihan thinks Countrywide was selling Vegas? If one third of Vegas crashed and burned within three years of being purchased the metaphor might be apt and completely incriminating. We argued that putting Bank of America into receivership is the proper remedy for its substantial violations of the law and for its continuing reliance on unsafe and unsound practices. Outside reviews have documented the most extensive and financially harmful violations of law and unsafe banking practices and conditions in history. As argued in a recent article by Jonathon Weil, the bank is nearing a “tipping point” as markets recognize it is “cooking the books,” vastly overstating the value of its assets as it refuses to recognize the true scale of losses on its purchase of Countrywide. Ironically, it still carries on its books $4.4 billion of fictional “goodwill” value created by overpaying for Countrywide (a notorious control fraud), as well as $142 billion of home equity loans that are worth far less. A more honest accounting of “good will” and of the value of home equity loans would take a big bite out of Bank of America’s market capitalization ($116 billion), which has lost 41 percent of its value since April 15. The markets are moving ever closer to shutting down the institution, but Moynihan is not “putting up with” the demand by investors for Bank of America to come clean on its fraudulent practices. Ms. Mairone’s Response Verifies Our Claims Rebecca Mairone replied on behalf of Bank of America to our two-part post. Step back for a moment and consider the context of Bank of America’s response. We cite evidence that the bank has committed massive fraud, explain that this provides a legal basis for placing it in receivership, and call on the FDIC to do so. Bank of America chooses to respond publicly, but its response never contests its massive fraud or our demonstration that there is a legal basis for placing it in receivership. Instead, Bank of America complains that we “do nothing to illuminate the challenges [BofA's home mortgagees] face.” This is not our task; nevertheless, the claim is incorrect. We illuminate the problems posed by the fact that nonprime borrowers were frequently victims of mortgage fraud perpetrated by lenders as well as many other operatives in the unprecedented criminal lending and securities fraud of the past decade. This problem is typically ignored — at least by the financial sector and the mainstream media — so we did “illuminate” the problem and the cause of action borrowers could bring for “fraud in the inducement.” We showed that the fraudulent senior officers that controlled home mortgage lenders created “liars,” and NINJA loan programs designed to induce millions of Americans to take out loans they could not afford to repay. The endemic underlying fraud in the origination and sale of nonprime loans is critical to understanding why loan defaults are massive, why borrowers were typically the victims of the fraud and lost their meager savings due to the frauds, why loan modifications typically fail, and why foreclosure fraud has been so common. The endemic fraud also hyper-inflated the bubble and helped cause the economic crisis and severe loss of employment. Over a million Bank of America borrowers face these “challenges” that we “illuminated.” Bank of America’s response is guilty of what it criticizes; it ignores the fraud by nonprime lenders and sellers, particularly Bank of America’s frauds in both capacities. It does not seek to “illuminate” the frauds or the problems that arise from endemic mortgage fraud. We did not invent the “epidemic” of mortgage fraud. The FBI began testifying about that in 2004. The FBI predicted that it would cause a “crisis” if it were not stopped — and no one claims it was stopped. The mortgage industry’s own fraud experts opined publicly in 2006 that the type of loans that Countrywide decided to elevate to its favored product was an “open invitation to fraudsters” and fully deserved the phrase that the lenders used to describe the product: “liars’ loans”. (Bank of America chose to purchase Countrywide at a time when it was notorious for the awful quality of its mortgage loans.) It is the lenders and their agents, the loan brokers, that directed the lies in these liar’s loans and appraisals and it was the lenders that made fraudulent “reps and warranties” in order to sell the fraudulent loans on to others in the form of securities. Economists and white-collar criminologists share a belief in “revealed preferences.” The senior officers that control lenders provide an “open invitation to fraudsters” in the midst of an “epidemic” of fraud because they intend to profit from those frauds. Instead of contesting its issuance and sale of massive numbers of fraudulent loans, Bank of America writes to provide data on delinquencies and foreclosures in support of its claim that it is the victim of Countrywide’s deadbeat borrowers who it tries in vain to help. Bank of America’s data, however, add support for the evidence of widespread mortgage fraud, particularly by Countrywide. Accounting control frauds maximize their (fictional) reported income by lending routinely to those who cannot afford to repay their loans. It is this aspect of the fraud scheme that is most counter-intuitive to those that do not study fraud, but to criminologists it provides the most distinctive markers of fraud. The senior officers that control fraudulent lenders maximize the bank’s reported short-term income, in order to maximize their compensation, by growing extremely rapidly through making loans at a premium yield. This strategy creates a “sure thing” (Akerlof & Romer 1993). The lender is sure to report record (fictional) profits in the short term and suffer enormous (real) losses in the longer term. The Evidence Supports Our Claims of Fraud If we are correct that Countrywide operated as a fraud we would expect to find the following: disproportionately large rates of loan delinquencies and defaults huge losses upon default, and fraudulent representations and appraisals. We would also predict widespread fraud in the “reps and warranties” that Countrywide and Bank of America provided to purchasers of nonprime loans originated by Countrywide. As we emphasized in our initial posts, a wide range of financial entities have confirmed the widespread fraud in the reps and warranties. This is why Bank of America is being sued. The data they provided in its response to our blogs supports the first three predictions. First, Bank of America admits to a 14 percent delinquency rate on its mortgages. That percentage is roughly seven times greater than the normal delinquency rate for prime loans. It is roughly three times the traditional rule of thumb for a fatal delinquency rate (5 percent) for a home lender. Losses upon default during this crisis are dramatically greater than the historic percentages, and loss reserves were at historic lows, so the traditional rule of thumb for fatal losses is unduly optimistic in this crisis. Second, Bank of America’s response states that Countrywide-originated loans have caused 85 percent of total delinquencies. Bank of America was a massive mortgage lender before it acquired Countrywide, so taken together these data suggest that the delinquency/foreclosure rate for Countrywide-originated mortgages must have been well over 20 percent — over ten times the normal delinquency rate and four times the traditional rule of thumb for fatal losses. These exceptionally large rates of horrible loans, defaulting so quickly after origination, are a powerful indicator that Countrywide was engaged in accounting control fraud. Unfortunately, lenders that specialized in making nonprime loans were typically fraudulent. The result was a massive bubble and economic crisis. Our conclusions are well-supported by many other analyses, many of which were conducted long ago. For example, Reuters reported in January 2008 that one-third of Countrywide’s subprime mortgages were already delinquent: (Reuters) – Countrywide Financial Corp CFC.N, the largest U.S. mortgage lender, on Tuesday said more than one in three subprime mortgages were delinquent at year-end in the $1.48 billion portfolio of home loans it services. Countrywide said borrowers were delinquent on 33.64 percent of subprime loans it serviced as of December 31, up from 29.08 percent in September. Foreclosures are now vastly more common and the losses lenders suffer upon foreclosure, particularly for nonprime loans, are catastrophic. For example, Bloomberg reported at the end of 2009 that foreclosures result in losses amounting to nearly three-fourths of the value of the loan: For subprime loans, losses averaged 73 percent for a foreclosure compared with 59 percent for a short sale, Amherst [Securities Group LP] reported. Third, Bank of America’s data indicate another form of deceit that is a typical consequence of accounting control fraud. Bank of America has delayed foreclosing, sometimes for years, on large numbers of loans that have no realistic chance of being brought current, even with the loan modifications it offered. This behavior would be irrational for an honest lender, for it would increase ultimate losses, but is a typical strategy for a lender controlled by fraudulent senior officers because it greatly delays loss recognition and allows them to extend their looting of the bank for years through bonuses paid on the basis of fictional reported “profits” after the bank has (in economic substance) failed. Bank of America’s response to us admit that, of their 1.3 million customers who are more than 60-days delinquent, 195,000 have not made a payment in two years. Of those loans which have not received a payment in two years, 56,000 are already vacant. For the foreclosure sales in the period from Jul-Sep, 2010: 80 percent of borrowers had not made a mortgage payment for more than one year Average of 560 days in delinquent status (approximately 18 months) 33 percent of properties were vacant The traditional rule of thumb is that a home loses 1.5 percent of its value each month it is delinquent but not foreclosed and sold. Those losses are far greater when the property is vacant. The loss of value is not limited to the particular home; all homes in the neighborhood are harmed when homes are left vacant for long periods. Bank of America does not address this issue, but the time from foreclosure to sale has also grown dramatically, which means that the length of time that foreclosed homes remain vacant prior to sale has grown substantially. The industry calls this huge number of homes, which are not producing income to the lenders because of the extraordinary growth in delinquencies and the delay in sales even after foreclosure, the “shadow inventory.” Note that none of the government foreclosure relief programs mandated that Bank of America sit on these delinquent assets for an average of 18 months and allow them to be wasting assets. The bank’s response primarily criticizes its borrowers as deadbeats, yet the data it provides support points we have made in our prior posts, including Bill Black’s posts about the banks working with the Chamber of Commerce and Chairman Bernanke to extort the Financial Accounting Standards Board (FASB) in order to destroy the integrity of the accounting rules requiring banks to recognize losses on their bad loans. We have explained why the fraudulent officers controlling many lenders followed a strategy of making bad loans at premium yields in order to maximize (fictional) accounting income and their bonuses. This dynamic drove the current crisis. These frauds hyper-inflated the housing bubble and caused trillions of dollars of losses. The extortion of FASB was successful; Bank of America was one of the leaders of that extortion. It changed the accounting rules so that banks could often avoid recognizing losses on these fraudulent loans, until they actually sold the home taken back through foreclosure. This dishonorable accounting fiction creates perverse incentives for banks to do exactly what Bank of America has done — let bad assets waste away and make already severe losses catastrophic. Check back in tomorrow for more…

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David Isenberg: We Don’t Need No Stinking Democracy

November 1, 2010

One of the perennial assumptions in the never ending debate about outsourcing and privatization is that doing so is more cost-effective. Don’t believe me? Try searching online for “cost-effective AND outsourcing” I just tried and received 1,210,000 hits on Google. But, to paraphrase Bill Clinton, it all depends on what you mean by cost-effective. There is more to it than just the lowest monetary cost. It appears that the very act of outsourcing creates a bureaucratic version of the Heisenberg Uncertainty Principle , which in the social sciences is often taken to mean that the very act of observing a phenomenon inevitably alters that phenomenon in some way. This bring us to the article published in the Spring 2010 issue of the University of Chicago Law Review , titled ” Privatization’s Pretensions ” by Jon D. Michaels, Acting Professor of Law at the UCLA School of Law. Prof. Michaels writes, “For decades, policymakers have been privatizing government responsibilities for the customary, and ostensibly exclusive, objective of providing the public with the same goods and services more efficiently. It is becoming increasingly apparent that these policymakers are also doing something different: they are using that purportedly technocratic process to substantively alter the very policies they are supposed to be neutrally administering. And, it is working: these privatization “workarounds” can directly change the content of public education, health, and social welfare programs, the outcome of regulatory enforcement and rulemaking proceedings, and the trajectory of police and national security operations.” Well, why is that bad, you ask. Because, as Michaels writes: Workarounds provide outsourcing agencies with the means of accomplishing distinct policy goals that–but for the pretext of technocratic privatization–would either be legally unattainable or much more difficult to realize. In short, they are executive aggrandizing. They enable Presidents, governors, and mayors to exercise greater unilateral policy discretion–at the expense of legislators, courts, successor administrations, and the people. In plain English that means a gutting of the democratic process, or as Dick Cheney so fervently supported, a strengthening of the unitary executive theory of government. Or, to paraphrase the famous line from The Treasure of the Sierra Madre, we don’t need no stinking democracy. I am tempted to note that those who advocate for PMSC on efficiency grounds might remember that Italy’s Benito Mussolini also said that Italian fascism should have been welcomed because it made the trains run on time. As that is a popular myth I won’t belabor the point; at least not for now. Note that Michaels is not arguing against privatization per se. But he does note that we don’t even have the proper language and metrics to understand it: To care about workarounds, we need not be skeptical of executive authority, nor need we be hostile to privatization. We must simply appreciate that this powerful, potentially transformative phenomenon (1) raises novel questions that sound in separation of powers, intergenerational sovereignty, and democratic theory, and (2) has been overshadowed by the dominant, but analytically orthogonal, efficiency versus accountability debate. Because workarounds are undertheorized as well as underdeveloped as a regulatory matter, we currently lack the vocabulary, the data, and the tools to make thoughtful analytical and legal interventions. Michaels examines various agencies and scenarios. But with respect to PMSC here is the key section: Though concerns about military contracting typically sound in terms of oversight difficulties, cost overruns, and encroachments on inherently governmental responsibilities, increasing attention is being paid to an additional concern. As noted in the Introduction, out sourcing conceals the true scope and human costs of war efforts by understating the size of deployments and diluting casualty counts. A large percentage of our troop commitment in Iraq and Afghanistan is comprised of contractors. For example, a 2007 estimate had 180,000 contractors supporting roughly 160,000 troops in Iraq; to the extent official numbers list just the 160,000 military personnel, the government can give the impression that our footprint is only half its actual size. As Charles Tiefer has written, the Pentagon “ardently desired . . . to keep the illusion of a low number of troops.” The illusion was certainly enhanced by efforts, intentional or not, to conceal military contracts by routing them through civilian agencies, to refer to contract services in official documents in generic and arguably misleading terms (such as “information technology” specialists rather than as “interrogators”), and to complicate the contracting processes such that the federal government still has trouble providing an accurate contractor headcount. Private contractors are politically valuable insofar as they neither enter into official head or body counts–nor, it appears, into our hearts. That is to say, the nation identifies with its troops to a far greater extent than its contractors: “Americans are accustomed to hearing the military death toll . . . . But largely absent from the public consciousness are the thousands of civilians putting their lives on the line as contractors in Iraq.” Combining US military personnel and contractors in combat zones thus allows for contractors to lighten the troops’ share of long tours, injuries, and other physical and emotional hardships. But even more importantly, the aggregate loss of life (and quality of life) is discounted by the fact that we neither hear as much about nor, evidently, care as much about homesick or fallen contractors. This misperception of the war effort generates tangible effects that redound specifically to the executive’s benefit. Concealing these costs, the people are less sensitive to the President’s handling (or mishandling) of the military campaign. In turn, the executive has more political capital and thus more maneuverability in conducting the war. Indeed, without contractors: (1) the military engagement would have had to be smaller–a strategically problematic alternative; (2) the United States would have had to deploy its finite number of active personnel for even longer tours of duty -a politically dicey and short-sighted option; (3) the United States would have had to consider a civilian draft or boost retention and recruitment by raising military pay significantly–two politically untenable options; or (4) the need for greater commitments from other nations would have arisen and with it, the United States would have had to make more concessions to build and sustain a truly multinational effort. Thus, the tangible differences in the type of war waged, the effect on military personnel, and the need for coalition partners are greatly magnified when the government has the option to supplement its troops with contractors. Note, too, that the public may well catch on. As contractors become fixtures on the national security landscape and as the public starts demanding numerical accountings, will workarounds diminish in strategic value? And, if so, does that mean the executive as an agent of the people will be on a tighter leash? Obviously, one cannot draw any causal connection between growing calls for reducing America’s military presence in Iraq and greater awareness of contractors. But given how much we now know about contractors–compared to how little was known before the invasion and occupation of Iraq–one might query whether contractors will ever be used for such politically strategic purposes in future engagements. To me Michael’s most important point is to point out that the concern we should have is not about contractor’s being unaccountable. Rather it is that they are too accountable to the policymakers in the executive branch–yes, we are talking about the White House–who set the policy. For its part, the academic community has largely zeroed in on the government delegating sovereign authority to contractors–and those contractors’ frolics and detours. Concerned that the regulatory framework does not do enough to deter rogue contractors, or to bolster agencies’ efforts to limit contractor manipulations, scholars have sought to introduce, among other things, constitutional and administrative law norms into the privatization paradigm, and to have the contractors treated as state actors for legal purposes. However effective these approaches might be in reining in wayward contractors, there are important differences between (1) contractors who exploit the discretion afforded to them as proxies of the government and (2) agency officials directing workarounds through these proxies. With contractor abuse, the concern is unaccountability–a breakdown in the traditional principal-agent relationship. With workarounds, the contractors are not necessarily disloyal; indeed, they may be too accountable to their governmental counterparts–too willing to facilitate their policy altering agendas. Instead, it is the executive as unaccountable agent that changes the substance or the temporal duration of a policy in a manner potentially inconsistent with the expectations of its co-principals (namely, the coordinate branches, future administrations, the bureaucracy, and the people). In other words let’s not blame Xe Services etc etera for bad things that happen in war zones. Let’s blame U.S. policymakers who create those wars in the first place.

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Michael Pento: Bernanke Has Buried the Buck

October 25, 2010

It wasn’t too long ago that the parity pontificators were out in full force claiming that the European currency would trade one-to-one with the U.S. dollar. On June 7th 2010 the Euro hit a low of $1.1917. Since then, the Euro has risen over 17% against the US dollar, hitting $1.3961 as of today. That recent move, engendered courtesy of the Fed, has at least temporarily silenced the critics who questioned the viability of the European Union and its currency, while also serving to impugn the notion of the U.S. dollar’s permanent position as the world’s reserve currency. To be clear, there has never been any question in my mind that the euro is just another flawed fiat currency. However, it has since its inception deserved to maintain its status as an excellent diversification-currency for those who hold excess dollars. Now we find the question being correctly asked today more than ever before if the USD can act as a safe haven from the troubles found in international currencies. The answer to that question can be found in the data and from the lips of our Federal Reserve Chairman. The 27 countries comprising the European Union’s economy is the largest in the world. It’s GDP on a purchasing power parity basis was $16.5 trillion in 2009, which is greater than the $14.2 trillion US economy. The economies of the 16 countries in the Euro zone that use the Euro currency produced GDP of about $10.5 trillion on a PPP basis according to the CIA 2009 world fact book. That is equivalent to 74% of US total output. Therefore, the economies of the EU (27) or Euro Zone (16) are similar in size and scope to those of the US and should be viewed with the same gravitas. The size of the European economy had never been an issue. But according to the IMF, the US dollar accounts for 62% of global central bank reserves even though it represents less than 25% of global GDP. In comparison, the Euro currency represents just 26% of FX reserves. Why is it that the U.S. economy deserves to represent such a tremendous over-weighting of central bank reserves? Since their currency holdings are so vastly concentrated, it places global central banks in a tenuous and vulnerable position. Should they ever need to reduce their dollar holdings–especially in concert–it would place tremendous downward pressure on the US currency. But unlike the greenback no such over-owned condition along with its concomitant pent-up selling pressure exists for any other currency. Currently the gross national debt of the U.S. stands at 93% of GDP. The European Commission projects that their gross national debt will reach 84% of output this year and 88.2% in 2011. And In contrast, the Congressional Budget Office projects our national debt to reach over 100% of GDP in 2012, whereas the national debt of the EU will not reach 100% of output until 2014, according to the European Commission. Finally, U.S. interest rates are much lower as compared to those of the European Union. Therefore, the Euro should never have been viewed as a currency that is inferior to the USD. But What Happens the Next Time Down Investors the world over have traditionally flocked to the USD for safety. This past credit crisis caused the greenback to surge 27% on the DXY and crushed most commodity prices including gold. How do we know the next international crisis won’t cause the same global flight into the “safety” of U.S. debt and dollars and out of other currencies like the Euro? The answer can be found in our central bank’s reaction to that same crisis. Ben Bernanke’s initial response to the credit crisis was fairly muted. It may surprise investors to be reminded that the Fed left interest rates unchanged throughout the entire period from April 30th thru October 8th 2008, despite the fact that the S&P500 dropped from 1,413 to 899. And Bernanke only slightly increased the monetary base by $160 billion to just over $1 trillion during that drubbing in equities. During that time of relative inaction, global investors flocked to the dollar as they have done in Pavlovian fashion since the Bretton Woods agreement was signed. But after that, Ben sent out a fleet of helicopters to demonstrate to the world that he would not tolerate the appreciation of the USD or allow the rate of inflation to contract. Our central bank has now clearly inculcated to global investors that they will severely be punished if seeking shelter in our currency and bond market. The monetary base has now reached $2.0 trillion and the announcement of another dramatic increase is expected once again at the conclusion of the next FOMC meeting on November 3rd. The Fed has engineered robust growth rates in all the monetary aggregates and is also now on record for the first time in its history saying that the rate of inflation is too low. All this has resulted in the U.S. dollar losing nearly 13% of its value since June. I’m went on record last summer saying that selling Euros (or most any other currency) to buy dollars is sort of like exchanging your ticket on the Titanic for a ride on the Hindenburg. A viable solution cannot be to sell one sinking currency and jump on another one that is drowning as well. The only safe forms of money are those that can act as a store of wealth, that cannot be diluted by fiat and whose purchasing power cannot be corrupted by a government. The Fed has put the world on notice that the USD can no longer be viewed as a safe haven currency. During the next crisis, investors should seek the safer harbor that is derived from owning commodities and precious metals, rather than to believe the USD will once again offer them any real protection. Precisely because the position of the U.S. buck as the world’s reserve currency has been burned and buried by Ben Bernanke. Michael Pento is the Senior Economist for Euro Pacific Capital

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Alice O’Connor: The Myth of the Mancession? Women & the Jobs Crisis — Fact, Fiction, and Female Unemployment

October 25, 2010

After the crash, the downturn was dubbed a “mancession.” As the meme continues to circulate, the Roosevelt Institute’s New Deal 2.0 blog asked leading thinkers to help sort fact from fiction. Are men suffering more than women in a weak economy? Is Washington doing enough to address female unemployment? How do we ensure a jobs agenda that’s fair and equitable? In the first part of an ongoing series, ” The Myth of the Mancession? Women & the Jobs Crisis “, historian Alice O’Connor takes on divisive arguments that skew the facts. As an analysis, the myth of the ” mancession ” may have started out as an overly-stylized reading of labor market statistics. Men lost a larger share of jobs than women at the outset of the Great Recession in 2007, according to widely-reported Bureau of Labor Statistics measures tracking trends through spring 2009. This led University of Michigan economist and American Enterprise Institute scholar Mark J. Perry to conclude that there was a “historic” and “unprecedented” gender gap in unemployment favoring women by as much as two percentage points — a gap that actually has been closing more recently as cutbacks shift from the male-dominated construction and manufacturing sectors to education, human services, and other areas where women predominate. But as an idea, the myth of the mancession has assumed a staying power beyond what those initial numbers appeared to support: it taps into larger cultural and economic anxieties that predate the Great Recession and that have to do with changing relations between men and women. This is revealed nowhere more powerfully than in the late, great passing of the “traditional” two-parent family, in which men could expect to be the chief — if not the solo — breadwinners. Of course, there is rarely just one way to read statistical measures, and on these grounds alone the “mancession” has been subject to much dispute. More fine-grained analyses of the data, for example, show considerable differences in the impact of male job loss across lines of class, race, age, and region; not all men have been affected equally by the downturn, nor women for that matter, suggesting at the very least that there is more to the so-called gender gap than meets the eye. Nor has the Great Recession shown any “favor” to women when it comes to wage losses and poverty rates, both of which are on the rise. And historical experience reminds us that men have also lost the large majority of jobs in past recessions, as they did in the Great Depression, due to the fact that they are disproportionately represented in traditionally hard-hit and better-paying sectors of the economy. Indeed, one could use this observation to conclude that the gender gap in job loss reveals just how stratified the labor market remains, with nearly 90 percent of construction jobs held by men, and nearly 70 percent in manufacturing. The “mancession,” however, comes to a simpler, if misleading conclusion: men suffered far more from the Great Recession than women, and by the time we actually recover, they may find themselves even further behind. As characterized by Perry when he first started writing about the unemployment “gender gap,” what women were experiencing as a “downturn” was a “catastrophe” for men. It is in taking this line that the myth of the “mancession” most clearly links up to a larger narrative that, in its starkest expressions, presents a story of female ascendancy and male decline. Indeed, news reports of the mancession almost invariably come wrapped up in a bundle of statistics suggesting that women are outdoing men in all sorts of other “historic” and “unprecedented” ways, from higher numbers of college and post-graduate degrees to larger shares of consumer spending and growing importance, if not yet outright leadership, as breadwinners in the household economy. Men, in the zero-sum logic that underlies the larger narrative, are losing out, not just in terms of relative economic position, but in the sense of authority and, well, manliness that once anchored their sense of identity. The fearful, not to mention highly exaggerated, narrative of women’s looming economic and cultural dominance is hardly new. By invoking it, the myth of the mancession carries on a long tradition of more deeply rooted historical fictions that for decades were used to diminish or otherwise distort the significance of women’s participation in the paid labor force — and to defend the sanctity of the male breadwinner ideal. Until well into the twentieth century, these fictions mostly served as a form of willful ignorance, if not downright denial, treating women as at best temporary, non-essential workers without legitimate aspiration for better-paying, high-skilled jobs, let alone long-term careers. In formulations that still haunt us today, they treated African American and other minority female breadwinning as an expression of cultural pathology, a “matriarchy” that prevented men from taking their rightful roles as household heads. Such fictions persisted despite a similarly long tradition of social investigation documenting the realities — and the necessity — of female employment and household work. And they had real and lasting consequences: in well-documented government policies, union and private sector practices that denied women access to better job opportunities at equal pay; in decades of organized resistance to adequate child care provisions for parents in the paid labor force; in job training, employment, and social welfare programs that consistently favored male over female earnings capacity; and in a whole host of economic practices and cultural cues that sent women “back” to more traditionally subordinate positions in the wake of the unprecedented job opportunities that had been opened up by World War II. The myth of the mancession may not take us back to the dark days of cultural denial, but its exaggerated claims echo the old stereotype-laden, zero-sum ways of thinking that pit the fortunes of female earners against those of men. In recent months, it has stirred a minor skirmish in the ongoing culture wars between feminists and the right. Echoing the idea that men were the chief victims of the Great Recession, AEI resident scholar and author of ” The War Against Boys ” Christina Hoff Sommers accused feminists of “skewing” President Obama’s initial stimulus plan by insisting on equal treatment for women, who in “mancession” logic did not need the jobs as much as men. Writing more recently on the AEI blog, Mark Perry similarly criticized the Obama National Economic Council for issuing its report on “Jobs and Economic Security for America’s Women ” in the midst of what he now refers to as the “Great Mancession”, calling it “one-sided and misguided” to focus on women, when they are doing “so much better than men.” If history is any guide, perpetuating the myth of the mancession could very well exact a price: not only in thwarting long overdue discussions of a jobs agenda that is fair and equitable across the board, but in preventing a more frank coming to terms with the cultural anxieties — and politics — that prevent us from articulating, and embracing, a more realistic, equitable, and genuinely shared breadwinner ideal. Given the challenges ahead, that’s a reckoning we can’t afford to put off. Cross-posted from New Deal 2.0 .

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Richard (RJ) Eskow: Backdoor Bailout, Tea Party Fakeout: The GOP’s Secret $90 Billion Gift to Wall Street

October 22, 2010

GOP candidates are making a point of running against “bailouts” this year. Yet even as they rail about rescuing big banks, they’re working on a plan that would slip those same banks an estimated $90 billion in taxpayer money…and that’s just in the first ten years. “Fiscal conservatism,” anyone? It was always hypocritical to slam a bailout that they and their party initiated. But it turns out they were just warming up. Now they’re trying to pull a fast one on the American public, tapping Tea Party rage about big government spending even as they prepare to slip the big bankers some big bucks. They’re planning to siphon off $90 billion meant for America’s college students and their families and give it to Wall Street. Any Tea Partier who votes for these guys is being played for a sucker. The Republican repeal plan wouldn’t just put tens of billions of public dollars in bank coffers. It would also raise the maximum amount a graduate is forced to pay each year from 10 percent to 15 percent of income. And it would extend the length of time before their debt is forgiven from 20 to 25 years. Your GOP: Sending billions in taxpayer money to rich bankers, and squeezing young people starting out in life. Call it the New Populism. Small government? Less spending? The Republican Party’s backdoor bailout of wealthy bankers is bigger than the auto-industry bailout. It’s bigger than the home-loan program. It’s bigger than the lending program for small businesses. And unlike those programs, it serves no social purpose at all: This week, two Republican senatorial candidates were the latest to push this secret subsidy for Wall Street. Washington’s Dino Rossi and Mark Kirk in Illinois were obviously working from the same playbook, since they made almost identical points while declaring their opposition to this year’s student-loan reform. “You know, part of the takeover of government has been part of the student loans,” said Rossi. “I don’t think that we should adopt legislation that the Congress has moved forward to have a complete government takeover of all student loans,” said Kirk. Kirk and Rossi are talking about this year’s student-loan reform. That program eliminated a cushy deal that gave private banks a percentage of government-loan funds for “administering” loans (they weren’t actually lending the money). They performed their administrative duties both inefficiently and unethically. What’s more, the banks took a portion of their vig and spent it on lobbyists in order to keep the pot sweetened for themselves. It didn’t work — but if the GOP has its way, it’ll work next year. You’re not seeing a “populist” uprising on the right. You’re seeing lobbyist and billionaire money at work, channeling genuine frustration and anger into an electoral plan designed to help bankers get even richer. The “government takeover” argument is ridiculous, of course. In this case they’re talking about a government takeover… of government . This is the public’s money, and it’s intended to be lent to students and their families so that the dream of an ever-more-expensive college education is available to more families. Taxpayers support this program so much that neither Kirk nor Rossi could afford to criticize it. But not too many of those taxpayers would support taking billions of their dollars and funneling it to Wall Street, as the GOP would do. The “complete government takeover” statements are also absolutely false, since private students loans are still available. (See Pat Garafolo’s excellent pieces on Rossi and Kirk for more detail.) When private bankers managed the student-loan process, it was filled with rampant corruption that included kickbacks to school administrators. Millions of dollars meant for students were also stuffed in the pockets of lobbyists and politicians. (Details here .) And as for that “privatization” mantra we keep hearing from the GOP, consider this: The government created and funded Sallie Mae to help students get these government loans, and then privatized it. The result was a taxpayer-created and financed company that bought itself three private jets, paid bloated executive salaries, and threw government money at Washington pols (including a quarter of a million dollars for George W. Bush’s inauguration). (We’ve got more information on the loan program , and a rundown on the “private” Sallie Mae Corporation that includes a photo of one of those jets and their ID numbers.) Because of our current hard times — hard times brought about by the very same bankers who would get billions under the GOP plan — our student-loan program is even more important than ever. Unemployment and underemployment for college graduates is soaring. The average college graduate’s debt in 2009 was $24,000 , up six percent from the year before, and that’s before the full impact of the economic downturn. Diverting billions in federal student loan money to Wall Street under these circumstances is nothing short of obscene. But the GOP has made it clear that they’re in the bankers’ back pockets. Sen. John Cornyn, head of the Republican Senate campaign committee, indicated they would immediately move to repeal the financial-reform bill if they gained power. That would give their banker friends free reign to exploit consumers and take even greater risks with the economy. This $90 billion giveaway of government money — our money — is just part of a larger pattern. While neither Kirk nor Rossi were originally Tea Party candidates, they’ve both made their peace with the movement. Unnamed “Tea Party activists” from the State of Washington issued a letter of support for Rossi , while the formerly centrist Mark Kirk has flip-flopped on multiple issues in the last few months in order to pass Tea Party muster. Both candidates are part of a larger GOP plan to use anti-spending, anti-bank rhetoric in order to spend billions on subsidizing banks. Billions for bankers, benefit cuts for students. A “privatization” scheme that lets a few people get rich off government programs, promoted in the name of “less spending” and “less taxes.” That’s the system that these Republicans want to bring back and even expand. They want to use student loan money as a piggy bank for rich piggies, tapping taxpayer dollars to to enrich their pals. So my question for the Tea Party rank and file is this: Are you going to let the big banks and their politician cronies play you like this? Are you going to be a sucker? They’ve got $90 billion that says you will. ______________ About the table: The Department of Education Arne Duncan estimates the bank subsidy was costing approximately $9 billion per year, including the interest banks were able to collect . Given the rapid and ongoing increases in college tuitions, it’s not unreasonable to think that the total amount could be wind up being much more than either figure. I used the data compiled by the New York Times for the other figures. In every case, I used the highest possible figures for the final cost of each program, to make my estimates as conservative as possible. (I stayed away from TARP, even though we’re told it’s making a profit, because the total cost is still unknown.) The result was clear: This GOP’s planned Wall Street giveaway was the biggest and costliest of all the programs listed. Richard (RJ) Eskow, a consultant and writer (and former insurance/finance executive), is a Senior Fellow with the Campaign for America’s Future. This post was produced as part of the Curbing Wall Street project. Richard also blogs at A Night Light . He can be reached at “rjeskow@ourfuture.org.” Website: Eskow and Associates

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Dan Solin: Jim Cramer’s Shame Meter Is Broken

October 13, 2010

I don’t watch Jim Cramer’s aptly titled Mad Money . A reader sent me CNBC’s summary of his October 6, 2010, show, which he thought would be of interest. He was right! Cramer outlined a recommended trading strategy. It was quite simple. You should sell stocks that had “flown too high,” “let them cool off” and then buy them back at lower prices. According to Cramer, this is a “tested strategy” that had served him well for 30 years. Here’s the part that really got my attention: “And if there were proof that buy-and-hold — or simply buying an index fund, for that matter — generated the kinds of returns earned from actively managing your money,” Cramer would “offer a mea culpa immediately.” Hold on to your hats. Cramer offers no data indicating his trading strategy is “tested.” All of the available data indicates it is nonsense. Cramer doesn’t tell investors how to implement this strategy. How is an investor to know when a stock is “too high” or when to buy back in? The movement of stock prices is random, often driven by tomorrow’s news, which no one knows. Cramer’s dismal stock-picking record illustrates this problem. An article in Barron’s found that Cramer’s stock picks underperformed the DJIA, the S&P 500 and the Nasdaq over the two year period studied. A website that tracks the performance of investment gurus found that Cramer’s stock picks were right 47% of the time, which is slightly less than you would expect from the toss of a coin. Cramer conveniently ignores this data, and offers “proof that he is correct.” He brags that he called the market lows, when the Dow was “flirting with 6,000,” and advised his viewers to buy stocks. Cramer fails to note that, on March 21, 2008, he wrote an article for New York Magazine stating that the market had reached a bottom: “[N]ot just for the stock itself, which happens to the venerable Bear Stearns, but for the whole stock market, and for the long-suffering housing market too.” Viewers who followed this advice, saw their portfolios plunge by 39.7% over the ensuing 254 days. His observation about the “long-suffering housing market” hitting bottom was simply dead wrong. Sometimes stock pickers are right and sometimes they are wrong. When they are right, it is due to luck and not skill. This was precisely the finding of an independent study , which concluded that 99.4% of the 2,076 active fund managers studied over a 32-year period demonstrated no genuine stock picking ability. Another study , published in the prestigious Journal of Finance , looked at the performance of 819 actively managed funds over a 45-year period. The study found that actively managed funds underperformed their passive benchmarks by approximately 1% a year, due to their trading costs and high management fees. The import of this study is stark. Investors pay more than $10 billion in fees to actively managed funds. Yet the fund managers do not have the skill to equal their benchmarks. Investors would be better off buying funds that simply tracked the index. Still not convinced? Another study discussed here looked at hiring and firing decisions of active managers made by more than 3,700 retirement plan sponsors over a nine-year period. These managers were responsible for managing $737 billion of assets. Generally, the managers were hired based on their past performance, much the way investors are told to pick mutual funds. So how was the performance of these “skilled” active managers after they were hired? On average they were close to or below their benchmarks. “Hot hands” are a function of luck. Luck does not persist. There is a wealth of additional data indicating that index-based investing consistently beats active management over the long term. It is summarized here. There is a method to Cramer’s “madness.” He wants you to trade. Trading increases the revenues of his corporate sponsors. It also decreases your returns. Here’s my challenge to Cramer: Show me any peer review study demonstrating your trading strategy has merit. Since you represented your strategy has “served you well for 30 years,” provide me with a list of your trades over that time period. I will crunch the numbers and publish the results. Otherwise, I look forward to your promised mea culpa. It’s not spelled “boo-ya.” The views set forth in this blog are the opinions of the author alone and may not represent the views of any firm or entity with whom he is affiliated. The data, information, and content on this blog are for information, education, and non-commercial purposes only. Returns from index funds do not represent the performance of any investment advisory firm. The information on this blog does not involve the rendering of personalized investment advice and is limited to the dissemination of opinions on investing. No reader should construe these opinions as an offer of advisory services. Readers who require investment advice should retain the services of a competent investment professional. The information on this blog is not an offer to buy or sell, or a solicitation of any offer to buy or sell any securities or class of securities mentioned herein. Furthermore, the information on this blog should not be construed as an offer of advisory services. Please note that the author does not recommend specific securities nor is he responsible for comments made by persons posting on this blog. Here is the trailer for my new book, Timeless Investment Advice .

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Robert R. Ackerman, Jr.: IT Security Acquisitions Are Skyrocketing

October 11, 2010

For all the talk about a chronic shortage of exits for venture-backed companies, one segment of the venture capital technology ecosystem is poised to go from “hot” to “hotter”. IT Security — the umbrella term for technologies designed to protect the digital superhighway — is coming into its own, and in a big way. Following on the heels of repeated breaches of government and corporate networks, widespread theft of credit card records and medical records transitioning to digital storage and delivery, the security risk index on computer networks has moved from “potentially dangerous” to “we’re under siege”. With active attacks measured in the hundreds of thousands virtually daily, the old adage that a chain is only as strong as its weakest link — in this case, the computer networks that represent the fabric of commerce (and government) on a global basis – is top of mind for chief security officers around the world. Increasingly, these attacks are originated by state entities engaged in governmental and/or commercial espionage and highly organized criminal gangs. While the 13-year-old wunderkind who “hacks” for fun is still with us, the attacks today are orchestrated by the equivalent of PhDs as well educated and sophisticated as any in the world in search of treasure, whether it is commercial, intellectual or political. The attackers are well funded, highly disciplined and have the advantage. While those in charge of IT security work hard to successfully thwart every attack, the attackers only need be successful periodically. This boils down to electronic asymmetric warfare, and it is a surging frontier for innovation and investment among many of today’s entrepreneurs. Through the first nine months of the year, U.S. venture capital firms invested $9.2 billion, up from $8.9 billion in the same period in 2009, and a healthy dose of that was invested in security startups. This was predictable given a huge surge in recent months in acquisitions of IT security companies, which is highly likely to accelerate further. There were a whopping 16 IT security acquisitions in the last 100 days. They exceeded $10 billion in value by the estimation of myself and others. Here is the list in chronological order, including acquisition prices if disclosed: On July 1, IBM acquired BigFix, a private company based in Emeryville, CA, that replaces fragmented tools, including vulnerability assessment and security compliance tools, with one unified control architecture. On July 7, Boeing acquired Narus, a Sunnyvale, CA, based provider of real-time traffic and analytics software to protect against cyber attacks and threats aimed at IP networks. On July 12, Quest Software, an Aliso Viejo, CA, based maker of technology systems management software, acquired Volcker Informatix AG, a German software company that makes products that help companies manage user identities, access privileges and security. On July 13, GFI Software, a Raleigh, N.C., provider of software infrastructure products for small and medium-size companies, acquired Tampa Bay-based Sun Belt Software, a major provider of Windows-based security software. On July 22, Mobile Media Unlimited Holdings, a London-based public company specializing in the dissemination of cell phone-based advertising, acquired Enable Software, a Warkwickshire, England, based company that empowers the interception and analysis of audio communications. On July 23, Digital Barriers, a publicly held London-based maker of thermal imaging equipment for perimeter surveillance, acquired Overtis Solutions, a Berkshire, England-based maker of software that prevents malicious or fraudulent data misuse. It paid 3.2 million pounds. On July 27, Juniper Networks acquired Columbus, Ohio, based SMobile, a mobile security firm. It paid70 million. On July 27, Commtouch, a public U.S. company that supplies Internet security technology to 150 security companies and Internet service providers, acquired the antivirus division of Authentium, based in Palm Beach Gardens, FL. Only July 29, McAfee acquired Singapore-based tenCube, a provider of a mobile security service to combat the ubiquitous problem of lost cell phones. On August 9, Tektronix Communications, a Plano, Texas, provider of communications test and network intelligence solutions, acquired Arbor Networks, a Chelmsford, MA, based provider of security management solutions for global business networks. Its customers include more than 70 percent of the world’s Internet service providers. On August 4, St. Bernard Software, a San Diego based maker of web security appliances, acquired Red Condor, a Rohnert Park, CA, based purveyor of managed email security solutions. On August 19, Intel acquired McAfee, among the world’s biggest makers of antivirus software. Intel said it acquired the company because security has become a fundamental component of online computing, including mobile and wireless devices, TVs, cars, medical devices and ATM machines. Intel paid7.7 billion in stock. On August 30, CA Technologies, a public company, acquired Arcot Systems, a Sunnyvale, CA, based maker of advanced authentication and fraud prevention solutions for on-premise software and cloud computing. CA Technologies paid200 million in cash. On September 1, VMWare acquired Los Gatos, CA, based TriCipher, a provider of secure access management for cloud-hosted service-as-a-service applications. On September 13, Hewlett-Packard acquired ArcSight, a Cupertino, CA, based global provider of cyber security and compliance solutions that protect organizations from enterprise threats and risks. The price was1.5 billion in stock. On October 4, Raytheon acquired Carlsbad, CA, based Technology Associates, a provider of computing engineering for the U.S. intelligence community. Raytheon said it bought the company to expand its cyber security business. As impressive as this level of activity is, all indications suggest even a bigger spurt of security acquisitions in the months ahead. Driven by unprecedented levels of cash on the corporate balance sheets of major technology corporations and a deep-seated conviction that IT security must chronically be improved, this almost certainly will be one of the next major growth areas for technology spending. “No one argues about whether or not our IT security budget will be up,” a corporate chief security officer recently told me. The only question is up by how much? We can’t afford to be wrong or vulnerable.” Beyond the obvious reason, an acquisition frenzy will be further fueled by an unusually broad set of buyers interested in IT security. In addition to major technology companies, major systems integrators are showing significant interest to better meet the needs of their governmental customers and also to more deeply penetrate the commercial market. These systems integrators include Lockheed, Boeing and General Dynamics. Other major acquirers include telecommunications companies, which want to better secure the data, now all in IP packets, that traverses their networks. They also want to offer customers new data security services. The data and the trends once again confirm that venture-backed innovation remains alive and well, at least in select areas. This is good news for enhanced cyber security, which is essential, and for all other types of venture capital-backed innovation, which is good for the U.S. economy. Robert R. Ackerman, Jr. is the founder and managing director of Allegis Capital (www.allegiscapital.com), a seed and early-stage venture firm headquartered in Palo Alto. Ackerman has worked with more than 50 corporate investment partners over the past 20 years as both a venture capitalist and a startup executive.

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David Ropeik: Europe Says Bisphenol A. Is Safe. But…

October 6, 2010

BPA x EFSA x FDA should = SAFE, right? Both the European Food Safety Authority and the U.S. Food and Drug Administration have studied the science on Bisphenol A and, at the moment, they say that at the tiny doses most people consume, it’s safe. The Europeans just reviewed more than 800 studies on BPA and “they could not identify any new evidence that would lead them to revise the current tolerable daily intake — the level below which EFSA scientists think there is no risk. EFSA also said “the data currently available do not provide convincing evidence of neurobehavioural toxicity of BPA.” But several other governments say the same evidence does convince them, at least enough to ban certain uses of BPA, particularly in baby bottles. BPA x Denmark x Canada x several states in the U.S. = not safe , or, at least, not sure . And that’s why this case is so interesting. It’s not about what we know. It’s about how we choose to keep ourselves safe when we don’t know. How do we deal with uncertainty when our health is on the line? The Canadian position on BPA captures this conundrum perfectly. “Health Canada’s Food Directorate has concluded that the current dietary exposure to BPA through food packaging uses is not expected to pose a health risk to the general population, including newborns and infants.” Pretty direct. Even a country that banned it says the doses we currently get are safe. But then they go on to say they are banning its use in baby bottles “due to the uncertainty [my emphasis] raised in some animal studies relating to the potential [again, my emphasis] effects of low levels of BPA.” Most of the bans around the world say the same thing. They are being precautionary in light of evidence suggesting that BPA may be a health threat, instead of waiting until the evidence confirms one way or another whether BPA actually is bad for us. What do we do with risks like this? Better Safe Than Sorry make sense, right? It feels right, anyway, although lots of times we make decisions about risk that feel right but actually make things worse. Worried about anything that raises the emotionally-compelling risk of cancer, we replaced a chemical solvent used to clean circuit boards with the non-carcinogenic chlorofluorocarbons that ripped a hole in the ozone layer. Freaked out about nuclear power, another cancer risk, we ended up with energy policy heavily weighted toward fossil fuels that kill tens of thousands from fine particle pollution, and fuel global climate change. Worry at the expense of reason doesn’t seem like the smartest way to make social policy. But reason, as glowing a goal as that is, is an unreasonable expectation. You and I are not nearly expert enough or informed enough to figure BPA out on our own. Regarding scientific evidence that some governments find convincing enough to ban BPA, EFSA said “these studies have many shortcomings. At present the relevance of these findings for human health cannot be assessed…” Geez, if the experts can’t decide, how are we supposed to judge? That’s where a different science comes in. Not the toxicology, but the psychology of risk perception. And that science is pretty clear. Uncertainty about a risk makes it scarier. In addition, the fact that a risk like BPA is human-made makes it scarier than if the same substance were natural. Risks from sources we don’t trust, like the chemical industry, are scarier. Risks that fit stigmatized patterns of what we’ve already learned to automatically worry about, like industrial chemicals, are scarier. Risks to kids? Whoa! Way scarier! That’s a lot of reasons why something like BPA fuels a lot of concern. And it explains why some governments, even those that acknowledge the stuff is safe, are taking a precautionary approach, particularly with the risk it may pose to kids… note that the bans are mostly on baby bottles. All those psychological characteristics make BPA scary. And scary is enough to prompt governments — which are, after all, made up of politicians who like to keep voters happy so they can keep their jobs — to act. Listen to the Canadian Environment Minister John Baird in announcing the ban: “Many Canadians, especially mothers of babies and small children in my own constituency of Ottawa West-Nepean, have expressed their concern to me about the risks of bisphenol A in baby bottles.” Concern is not the same as evidence of harm. But it’s real, and in a democracy, how we feel must be respected. So the formula really ought to look like this: BPA x Uncertainty x Human-Made x Lack of Trust x Risk Belongs to Stigmatized category x Kids at Risk = Concern . We don’t know if BPA is safe. Experts don’t either — though industry experts seem sure it is, and environmental health experts seem pretty sure it’s not. I have no clue. Let me repeat that for all my environmental and industry friends. I am not nearly expert enough to know whether BPA is safe or harmful. But I have read up on and written about what smart scientists have learned about how we deal with risks like this, and BPA is a classic case of how, as much as we’d like to think our thinking brain can figure out risks like this based on the facts, in the end it’s not just about the facts, but how those facts feel.

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Dan Solin: A Novel Investing Strategy From the WSJ

October 6, 2010

Many investors take the Wall Street Journal seriously. So when I read a column by Brett Arends entitled, “You Should Have Timed the Market,” it caught my attention. I knew I was off to a bad start with the first sentence: “Everyone knows the last decade on Wall Street was a poor one for investors.” “Everyone” does not include Allan Roth, a respected journalist for MoneyWatch. Roth notes that U.S. stocks broke even, international stocks increased 26% and bonds increased by a whopping 83%. Investors who had a globally diversified portfolio of stock and bond index funds in an asset allocation appropriate for them, did just fine. Arends did get one thing right. Investors lost billions of dollars by buying and selling at the wrong times. For obvious reasons, he omits the cause of this bad investor behavior. The financial media and “market beating brokers” who encourage this conduct. Here’s the astounding part. Arends’ suggestion to investors is to cure this behavior by timing the markets. He states: “All you had to do was buy when the public was selling, and sell when the public was buying.” He tells investors precisely how to do this. “All you had to do was look at the latest numbers from the Investment Company Institute, showing whether the public was putting money into their stock-market funds or taking it out. And then do the opposite.” That’s precisely what I did. I looked at Investment Company Institute numbers from January 28, 2007 through August 31, 2010. I tried to figure out how I would implement this strategy. Should I go short when the equity flows are positive, or stay in cash? How positive do these flows have to be for me to be a seller? Positive flows in domestic equity funds ranged from a low of $883 million to a high of more than $13 billion. How much negativity do I need to see before I decide it’s time to buy? For the month ending January 31, 2009, there was a net positive inflow into domestic equity funds of almost $7 billion. I guess I should have sold. But the next month, ending February 28, 2009, there was an outflow from these funds of more than $14 billion. I guess I should buy back in. Boy, this is confusing! Then Arends extrapolates this strategy and tells an anecdotal story of “one of the best investors I have known”. He “shuns publicity” so his name could not be used. This anonymous investor is investing in Japan because “your typical fund manager would rather suck a lemon than invest in Japan.” It’s sad this kind of musing passes for financial advice in a prominent financial newspaper. I was struck by the lack of any hard data justifying these recommendations. — even assuming it was possible to figure out how to implement them. It’s not because the data doesn’t exist. For the 10 year period from 1997-2006, investors who missed the 20 days with the biggest gains lost the entire 8.4% annualized return of the S&P 500. There are legions of studies demonstrating that market timing simply does not work. There is also ample data indicating precisely what does work. Buying and holding an appropriate allocation of index portfolios. Here are the annualized returns investors could have achieved with such a portfolio, consisting of 60% stocks and 40% bonds: January 1, 2000-September 30, 2010: 5.79% January 1, 1990-September 30, 2010: 7.60% January 1, 1980-September 30, 2010: 10.40% You can find details of this portfolio here . Please note the sources and disclosures . This is information the financial media does not want you to know. It’s bad for business. Novel investment ideas with vague parameters encourages trading. That’s good for business. There’s nothing novel about that! The views set forth in this blog are the opinions of the author alone and may not represent the views of any firm or entity with whom he is affiliated. The data, information, and content on this blog are for information, education, and non-commercial purposes only. Returns from index funds do not represent the performance of any investment advisory firm. The information on this blog does not involve the rendering of personalized investment advice and is limited to the dissemination of opinions on investing. No reader should construe these opinions as an offer of advisory services. Readers who require investment advice should retain the services of a competent investment professional. The information on this blog is not an offer to buy or sell, or a solicitation of any offer to buy or sell any securities or class of securities mentioned herein. Furthermore, the information on this blog should not be construed as an offer of advisory services. Please note that the author does not recommend specific securities nor is he responsible for comments made by persons posting on this blog. Here is the trailer for my new book, Timeless Investment Advice .

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Craig K. Comstock: When the Market Fails

October 5, 2010

The market does some crucial jobs so well that we’re tempted to make a quasi-religion of it. But at other jobs it fails: for example, at giving a timely signal to prepare for “peak oil.” In their new book , analyst Robert Hirsch and his colleagues take on the coming decline in global oil production, or as they put it, “the impending world energy mess.” They estimate that a decline will start in 2-5 years, following the present “fluctuating plateau” on a graph of production. The kicker is their conclusion that, once we start a “crash program,” shifting our fleet of vehicles will take “more than a decade”; and building the infrastructure for new fuels, 10-20 years. Starting the transition when? Well, we could have begun when the same authors, in a report to the U.S. Department of Energy, made clear in 2005 that the transition would probably take that long. But apart from enough spread of ecological consciousness to elicit some “greenwashing,” this transition of infrastructure has hardly begun, and according to an interview with Hirsch, probably will not start until after the decline actually begins or, as an economist would say, when we get the market signal. If we say the decline will begin by around 2014 and use a duration of just 15 years for the transition, that would bring us to 2029. After then, life could be less turbulent, at least as far as energy is concerned; we can look forward to celebrating. Until then, trouble. But we can still lessen the trouble. While Hirsh in passing indicates some skepticism about global warming (praise to him for focusing on at least one crisis), people who take warming seriously describe it, in the phrase of Nicholas Stern in a U.K. report, as “the greatest market failure in history.” Ideally, we would explore what each mechanism (such as “the market”) is good for, in order to discover its sweet spot, and avoid making an ideology out of something of great but definitely limited usefulness. If so, we’d honor the market for what it does well, and reject any claims that it will necessarily help us to adjust, in a timely way, to situations such as climate change (Stern) or the peak of global oil production (Hirsch). Governing by quasi-religious beliefs has led humanity down some strange roads. Then mechanisms that do yield huge benefits may get driven into the scrapyard when a grandiose ideological extension gets us into trouble. Meanwhile, Hirsh and his colleagues deserves a Cassandra medal, named after the Greek princess who could foretell the future but was fated not to be believed. To the medal we could, for Hirsh, attach a Sisyphus ribbon in honor of the chap sentenced to push a stone up a mountain, only to watch it roll down again, then start pushing again. In 2005, also with coauthors Roger H. Bezdek and Robert M. Wendling, Hirsch declared that it would take “more than a decade” to “achieve significant overall fuel efficiency” and that “world-scale” efforts to replace conventional liquid fuels for transportation “will require 10-20 years of accelerated effort.” The starting line for a a crash program keeps being pushed forward, but in Hirsh’s present view, the decline will begin no later than 2015, possibly as soon as 2012. In a recent video interview , Hirsh displays the controlled demeanor of a careful, well-informed analyst, though the mask slips when he speaks of critics of the Canadian oil sands project: They look at the environmental effects, he says, “from the point of view of being fat and happy,” and assume that “these wonderful renewables [such as windmills and solar panels] are going to take care of everything. That’s just plain wrong.” What is their basic problem? Growing a bit hyperbolic, Hirsh says “they don’t understand how it is to have nothing.” Hirsch and his team merit our thanks for their basic message is that conventional liquid fuels are soon going to become increasingly scarce and expensive; that mitigation will take a long time; and that the alternatives can’t make up for the oil we are going to start losing. The model T arrived in 1908, and of course oil was a major factor in the Second World War, but the major expansion in petroleum use came within about the last half century. Much of what almost anyone under 60 years old regards as normal depends on an ample supply of cheap oil. This fuels our transportation system for people and goods, allows globalization, facilitates industrial agriculture, serves as feedstock for plastics, pesticides, and many other products. If the supply begins to fall off in just a few years, and especially if demand for fuel increases, we will get a severe shock, in the form of price volatility that will drag down the whole economy, even if the economy has meanwhile returned to what we regard as normal. If the public has absorbed what is likely to happen and begun responding to it, we can still gain 2-5 years of transition time. In any case, Hirsh has some tips for individuals wanting to prepare. What’s the lesson about the market? The market did not prevent the recent economic breakdown. According to Alan Greenspan in recent testimony , his paradigm for what the market could accomplish was mistaken. And the market did not jolt us into preparing, in time, for at least two major crises soon to become obvious. Given that we can’t invest trillions on the basis of mere speculation, and that we are accustomed to responding to market signals, where are we going to get the data on the basis of which to prepare in time? How is this data to be taken seriously when vested economic interests would be upset by the data and have learned techniques for casting doubt on it? And when our only model for shared sacrifice is a war or an economic collapse? Some say that easy oil isn’t running out; the planet isn’t warming up; species aren’t dying; it doesn’t matter that corporations have shipped so much of our industrial base abroad; the economy is recovering or would if only we shrank the government; and we can always count on the market to signal when something needs to be done. I wish any part of this were supported by the weight of the evidence. But thanks to some analysts, there’s still time.

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Angela Haines: How to Invest in Life Sciences

October 5, 2010

No area of investing has greater potential risks — or greater pay-offs — than companies in the life sciences sector, especially if you consider their potential benefits to society. Who doesn’t want to contribute to a cure for Parkinson’s or Alzheimer’s disease or even to the development of a “marker” to help in the diagnosis of a disease? It’s often a hugely personal decision for investors whose interest may be peaked because a family member or friend has a particular disease. But investors have to be prepared to understand what makes life sciences companies different from other investments. And they need to know what questions to ask. In a recent presentation for angel investors at a Golden Seeds forum, Anne Shehab, who holds a PhD in Chemical Engineering as well an MBA, and has filled strategic leadership posts at DuPont, Biogen, Arthur Little, and Valeritas suggests three distinguishing industry features: it’s a highly regulated industry worldwide; the value chain has an imbalanced power structure, which gives more control to the payers (insurance companies, for example) than to the ultimate beneficiary, the patient. It’s also an industry in transition in terms of delivery systems, technology, diseases in the spotlight and regulations, especially since the recent health reform act passed. So what’s an investor to do? First, understand that regulation and pathways differ substantially for drugs, devices and diagnostics. What Anne Shehab suggests is to review the impact of the company on each link in the value chain. Here are some considerations: • Hospitals are continuously challenged to allocate their scarce resources between patient care and technology. They need a good reason to switch from existing practices: new technology must not only improve patient care, but also be cost-effective. • Doctors are reimbursed based on set codes set by insurance companies or Medicare. So, as well as improving patient care, new technology or drugs have to help them make money by saving time, moving reimbursement to higher paying codes, increasing patient recruitment, or providing access to new group of patients. • Payers are also increasingly demanding cost effectiveness data before new products are reimbursed. Start-ups must collect this data during clinical trials if possible. For devices, getting reimbursement codes takes a long time, though sometimes it’s possible to make use of existing codes. This issue applies to international health care systems too. Start-ups should develop not just a US-based strategy, but also European and Asian strategies too. • A good sales rep or distributor wants to maintain and grow the use of leading brands and technology and will try to ward off low-cost competitors. To do this, they often become partners with MD’s and even assist in surgeries which use the devices they sell. Thus, a start- up is fighting a Goliath! Good investors always focus on exit strategies. Assuming the company has a quality team, a strong competitive position, patent-protected technology and demonstrated development experience, investors must also look for potential pre-launch milestones that demonstrate the company’s potential for an early exit. For example, for new drugs in pre-clinical development, investors should look for strong, tightly-linked animal data in models that can reliably predict human outcomes. Manufacturing processes should fit with existing commercial systems. For new medical devices, look for clinical studies demonstrating efficacy and proof of market acceptance with early revenue streams, and, ideally, profits! Diagnostic products require early revenues too, along with clinical studies demonstrating efficacy and cost-effectiveness, and compatibility with current lab systems. Finally investors should never hesitate to ask hard questions of life science entrepreneurs: • How will you demonstrate efficacy claims to FDA? • What type of clinical data will convince end users (including practicing physicians) to adopt the product?. • How do you plan to set pricing? Have you developed pricing scenarios based on different levels of product performance expectations? • Can you launch your product under current reimbursement codes? What data will payers want to see before developing a new code? • What’s the launch strategy for outside the US? • How will MD’s incorporate your drug or product into their current treatment modes? How will this product expand their business? • What is the distribution plan? What type of marketing partnerships might help accelerate your growth? • What milestones will offer proof of viability? What’s the likely timeline to exit? • Who are the potential exit partners, and why is your business compelling to them? One longtime diagnostics veteran, Marie Wesselhoft, who recently launched a company, MSDx Inc., which commercializes biomarkers for monitoring therapeutic effectiveness in patients with multiple sclerosis, is experiencing the challenges of a life science start-up. Her first step was to secure patents to protect her technology; the next hurdle is to address the regulatory process, both of which require hiring external expertise. But in the end, Wesselhoft observes, “life science investors are not like other investors. You have to be o.k. with a long term exits because the process takes time. But when you see a company that is going to produce a product that makes a difference at an attractive profit, you don’t look back. You know it’s worth all the trials. For me, it’s a mission and a passion with a hugely significant social goal — the health of the society.” And investors have to share that same drive, passion and patience!

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Dan Solin: Higher Returns. Lower Risk.

September 29, 2010

Defining the holy grail of investing is easy. Achieving it is hard. I define it as additional returns without greater risk. Most investors don’t appreciate that increased returns typically involve more risk. You can get a higher return on lower rated bonds, but the risk of default is higher. There’s no free lunch. Or is there? Here’s an example of an exception to the rule. A small community bank offers a higher interest rate on its Certificate of Deposit than a large national bank. Both banks are FDIC insured and the amount of your deposit is within FDIC coverage guidelines. By purchasing the higher interest rate CD, you have obtained more return, but have incurred no additional risk. Here’s another anomaly I recently discovered. I was asked by a wealthy prospective client to put together a laddered portfolio of low cost, bond index funds. The client was adamant that he wanted no exposure to the stock market, because he is concerned about the risk. A laddered portfolio staggers the maturity date of the bonds. When the bonds mature, the investor can reinvest the proceeds, taking into consideration the interest rate climate at the time. I had suggested to the client that he read The Big Short , by Michael Lewis. It’s my belief that anyone who reads that book would never do business with any broker, and would be especially terrified of purchasing individual bonds. I also referred him to excellent study from Vanguard which explained why bond investors should use bond funds and not individual bonds. Among the advantages of bond funds noted were diversification, cash-flow treatment, liquidity and costs. To those benefits I would add honesty and transparency, both of which are in short supply at your brokerage firm. He was persuaded by this data, but here’s what neither of us expected. We built a ten year ladder of very high quality, low cost, passively managed, bond funds and ran the returns for the period from January, 1973 to August, 2010. We wanted to measure the returns over a significant period of time so they would be representative. This laddered bond portfolio had an annualized return of 6.71%, with a risk (as measured by standard deviation) of 4.27%. Standard deviation measures volatility of a portfolio (or stock or bond). It shows how much variation there is from the “average” over a given period of time. A low standard deviation means the portfolio measure is unlikely to deviate significantly from its average, based on historical data. While standard deviation is not predictive, it is a useful historical measurement of risk. This data told us the ten year laddered bond portfolio we constructed had a very decent annualized return, with low risk. We wanted to find out what would happen if we added a globally diversified portfolio of low cost, passively managed, stock funds to the mix. The stock portion would make up only 15% of the portfolio. We reduced the bond ladder to five years. Here’s what we found: The annualized returns increased to 7.16% and the risk decreased to 3.72%! For those who believe I have cherry picked the numbers, or used an unrealistically long time period, I ran the returns for this portfolio for the past ten years, which is often incorrectly referred to as “the lost decade.” The portfolio had an annualized return of 4.14%, with an annualized standard deviation of 2.74%. An investment of $50,000 grew to $75,250.68. Nothing was “lost.” How can that be? We added a riskier asset class which we expect would increase returns, but it should also have increased risk. It didn’t. The explanation can be found in Modern Portfolio Theory , the Nobel Prize winning work of Harry Markowitz, which explained how to construct optimal portfolios for a given amount of risk. It’s possible to achieve decent returns with relatively low risk. A portfolio of 100% bonds may not be less risky than a portfolio with a small exposure to the global stock markets. Don’t expect to get this advice from your broker. The views set forth in this blog are the opinions of the author alone and may not represent the views of any firm or entity with whom he is affiliated. The data, information, and content on this blog are for information, education, and non-commercial purposes only. Returns from index funds do not represent the performance of any investment advisory firm. The information on this blog does not involve the rendering of personalized investment advice and is limited to the dissemination of opinions on investing. No reader should construe these opinions as an offer of advisory services. Readers who require investment advice should retain the services of a competent investment professional. The information on this blog is not an offer to buy or sell, or a solicitation of any offer to buy or sell any securities or class of securities mentioned herein. Furthermore, the information on this blog should not be construed as an offer of advisory services. Please note that the author does not recommend specific securities nor is he responsible for comments made by persons posting on this blog. Here is the trailer for my new book, Timeless Investment Advice .

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Eric K. Clemons: Time to Wake Up and Smell the Antitrust

September 21, 2010

Introduction The recent House Committee on the Judiciary Hearing on Competition in the Evolving Digital Marketplace raises interesting questions on regulation, on the frameworks needed to regulate emerging digital businesses, and on the applicability of existing regulatory frameworks. Does the high tech sector require additional regulatory attention, or is the Sherman Antitrust Act, at a geriatric 120 years and still counting, sufficiently general and sufficiently frisky to deal with modern online business models as adequately as it dealt with the emergence of smokestack industry monopolies and cartels? Or are there companies, even entire categories of business, that require new regulatory models? If so, of course, it would not be the first time that the intersection of new technology, new economic forces, and new corporate strategies required a significant extension to existing antitrust law. Intent and capability Military analyses focus on both intent (or what you think a potential opponent might want to do to you) and capability (or what you think that opponent would be capable of doing to you if it so chose). Intent changes over time, perhaps quite rapidly and quite without warning. Arming Iran under the Shah was not in America’s best interests, as we discovered when Iran’s intent changed dramatically and instantaneously after the installation of the Islamic Republic of Iran. Likewise, arming the Taliban in Afghanistan so that they could defeat the Russians turned out to have surprising consequences when we, not the Russians, were the opponent in the Taliban’s cross-hairs. If the stakes are high enough, and capability is great enough, ” trust me ” is not an adequate way to assess intent or to balance benign present intent against possible future actions. Should we be interested at all? Is current antitrust regulation working or not? I will argue below that it demonstrably is not. Do regulators fully understand how the oft-touted new economics of the internet, beloved by internet and dot-com entrepreneurs , may be impossible to control with regulation designed to enhance competition in the old economy? I will argue, again, demonstrably not. FTD Bureau of Competition Director Richard Feinstein, testifying on behalf of the Federal Trade Commission, said ” Some have argued that there should be different rules for markets characterized by rapid technological development, but Congress drafted the antitrust laws in general terms to accommodate changing markets and new products, and the laws are flexible enough to meet the challenges of the high-tech era .” This was part of his testimony before the House Committee on the Judiciary, Subcommittee on Courts and Competition Policy on September 16, 2010. Not only is this statement about the Sherman Antitrust Act not true today, but it was not true almost from the Sherman’s inception. The regulatory regime of the Sherman Act was found wanting almost immediately after its drafting, and almost immediately needed to be extended to deal with the emerging telecommunications industry. Telecommunications technology, network economics, and AT&T strategy interacted in a way not anticipated when Sherman was drafted. In particular, telecommunications offers positive participation externalities or network effects , where a service gains value as the number of users increases, leading to the idea of a natural monopoly. The Government had to go outside Sherman to regulate AT&T, leading to the Kingsbury Commitment of 1913, which created AT&T as America’s first privately owned but regulated monopoly company. Sherman needed a “manual override” because it could not accommodate the market power of AT&T in the new network economy. America wanted the clear benefits of interconnectivity, with everyone able to communicate with everyone else, which given the technology of the time required a single telecommunications company. Although network effects argued in favor of a single monopoly telecommunications service provider, America did not want monopoly power in this critical new industry concentrated in one firm. For the first time, consumer welfare and technology interacted in a way that demanded that telecommunications be provided by a monopoly, and that likewise demanded regulation of that monopoly in a way not anticipated when Sherman was drafted; clearly not one of the drafters of Sherman anticipated that there would be benefits if we all used steel or oil or detergent or canned soup from the same manufacturer. So even in 1913 Sherman was not sufficiently flexible and required a “patch”. Today it is not at all clear that Sherman is up to the challenge presented by third-party payment business models, where users have free access and third parties are billed. Since users pay nothing for service, and indeed are largely ignorant of the cost of service, prices may be effectively decoupled from the discipline of the marketplace. (At present this has been covered only in academic conferences or on YouTube ; we will post on the regulatory challenges of third party payment business models shortly). The Internet economy will almost certainly pose new regulatory challenges to Sherman, and may require solutions not envisioned in the drafting of Sherman. It is easy to dismiss the need for any regulation if you fail to understand the presence or absence of barriers to entry on the Internet. Although entering online appears easy, it is one thing to create a website, and it is quite another to ensure that it has traffic. Ed Black, President of the Computer and Communications Industry Association, spoke at the House hearings and rejected claims that Google has reached a point where its practices are anti-competitive, arguing instead that there are ” few barriers to entry ” in the Internet marketplace. This sounds so plausible, and will be repeated so many times at so many future hearings, that it demands a response. Ease of Entry? Instead of assuming away barriers to entry and therefore assuming away the threat of monopolists, let’s look at the data. One of the tell-tale signs of monopoly power is monopoly profits; a first course in economics assures us that there should be no long-term super-normal risk adjusted profits; high profits not only invite competition, they more or less guarantee it. And Google demonstrably has extraordinary profits in search. Another tell-tale sign of monopoly profits is the presence of cross-subsidies; if a company is earning enough in one market to cross-subsidize other lines of business, then the business providing the cross subsidies enjoys monopoly power in the absence of contestability; once again Google demonstrably is earning extraordinary profits in search, and once again it is clearly using its monopoly power in search to subsidize everything from high speed internet access and mobile phone service to online video (YouTube) and photo sharing (Picasa). Monopoly profits are not inherently evil nor are they inherently illegal; market power legitimately obtained, without intent to monopolize or to restrain competition, is not legally actionable. But it does demand rethinking statements about the absence of barriers to entry. This suggests that we should at least look for the possibility of serious barriers to entry in search, and it’s not hard to see that they exist. Just look at how much Microsoft has spent to develop and promote Bing (hundreds of millions of dollars on advertising alone) and how limited its current market share is, and you get a sense of how severe the barriers to entry can be. How Can There Be Barriers to Entry Online? But how can anyone have monopoly power online? Anyone can build an online website; this is not like building a huge industrial facility, right? And customers are only a click away from switching, right? How can there be barriers to entry online? Build a better and cheaper mousetrap, or a better one, or a cheaper one, or even just a newer one with a catchy name, and customers will flock to you, right? The first and perhaps most important barrier to new competitors is the third party payer model . You search for a hotel in Arlington, Marriott and ArlingtonHotels.com bid for keywords, and if ArlingtonHotels.com bids enough, your search for Marriott Hotels Arlington takes you to ArlingtonHotels, one of dozens of websites operated by Otels.com. You can still book your Marriott, so you don’t care, but the surcharge Otels.com charges Marriott is 30%, so they certainly care! They might prefer to have you go to Bing, to Yahoo!, or to almost anyone else, but since you are not paying for search, the third party is paying, you have no reason to switch search engines. The second barrier is the geometry of the net . Mostly consumers can’t find anything without going through some search engine. That may make search an Essential Facility , and one that enables search engine operators to control what we find, or what we do not find. Even the ” one click away ” argument is misleading; as long as search is free to consumers, and as long as a search engine’s results are good enough for consumers, then consumers have no reason to invest in even that single click. If consumers stay with their existing search engine choices, then corporations have to go where the consumers are. Once again, the geometry of the net and the third party payer model come into play, making it almost impossible for a new entrant to compete, and almost impossible for a corporate customer to drop out of a keyword auction on an existing search engine. Why should we care? There are lots of reasons why we should care about online monopolists. In general, monopolists can and do extend their reach, subsidizing new markets until they are able to obtain monopoly power there, and in general when a “practicing monopolist” obtains new monopoly powers, we can expect these markets to be exploited also. That is, abusive monopolists grow, extend their reach, and abuse their new monopolies. The Sherman Act does not exist to protect poorly run competitors but the Sherman Act does exist to protect competition and to protect consumers from abusive monopolists. But we should worry even more about an online search monopolist, even if it could be shown that the search monopolist had not charged monopoly prices and had no intention of abusing new monopolies. Search has become the principal way in which most of us learn about everything online, from how to book a new hotel or the quality of a new movie, to how China is handling its dissidents or how the Tea Party candidates are preparing for the November elections. The net is a diverse place, and somewhere one can find exactly the right product, or the story that exactly supports or counters any opinion. But what if ” monopoly of search ” can trump ” diversity of source “? If monopoly of search can trump diversity of source, then a dominant search engine has enormous power to promote its own offerings and to stifle innovation in a range of industries. Other problems likewise follow automatically. At present, a dominant search engine can charge almost whatever it wants for keywords, effortlessly switching the balance of power between compliant and uncooperative companies, or compliant and uncooperative politicians. It can promote or stifle points of view by shifting what news stories we find, or don’t find, hiding stories it wants to hide, or allowing companies to pay to alter what we learn about them . I am, of course, not saying that any of this has happened or will happen. But if online monopolies are possible, they are also particularly dangerous. It’s time for Washington to wake up and smell the antitrust If it walks, talks, acts, and smells like a monopolist, odds are it’s a monopolist. And if this monopolist is earning extraordinary profits, and if there is even the possibility that this monopolist might be using those profits to restrain trade, then perhaps the Sherman Antitrust Act is not working. The possibility of online monopolists demands better theory than ” there are no barriers to entry online ” and purported monopolists need better defense than ” trust me .”

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Dory Rand: Low Credit Scores Challenge Recovery in Illinois Communities of Color, but All Is Not Lost

September 17, 2010

As the recession drags on, policymakers and community leaders are searching for strategies to encourage job creation, investment in neighborhoods, and a return to economic stability. The findings from Woodstock Institute’s latest report, however, depict troubling barriers to recovery — particularly in communities hit hardest by the financial crisis. In ” Bridging the Gap: Credit Scores and Economic Opportunity in Illinois Communities of Color ,” our researchers found that Illinois communities of color had high concentrations of individuals with very low, “non-prime” credit scores. For example, in highly African-American communities, 54 percent of individuals had credit scores below 620 — that’s more than three times the percentage of very low score individuals in white communities. This bears repeating: Over half of the people in Illinois’ predominantly African-American communities likely would not qualify for low-cost, prime credit. What does this mean for these neighborhoods’ chances for revitalization? For one, communities of color were disproportionately devastated by the foreclosure crisis. Stretches of vacant homes, many of which have fallen into serious disrepair, are common sights in many parts of Chicago, but local families may want to invest in rebuilding their communities. Obtaining a mortgage may be difficult or costly, however, if someone in the household saw their credit damaged because they were unable to pay certain bills due to a period of unemployment. Even finding a new, good paying job may not be enough to get a mortgage, given many lenders’ increasingly tight underwriting standards. Access to affordable credit cards, car financing, or small business loans will also likely be limited. And while the data and findings in our report are from Illinois, neighborhoods across the country are struggling with similar challenges. A high concentration of low credit scores can affect employment and housing in a neighborhood as well. Increasingly, employers are incorporating information from credit reports into hiring decisions, and landlords routinely check credit data during tenant screening procedures. It’s clear that high concentrations of low credit scores will challenge Illinois’ communities of color, but there are solid strategies available that can help individuals build credit histories and increase access to sustainable, affordable credit. The Credit Builders Alliance has developed a five-step toolkit to build a positive credit history. Policymakers and funders should support efforts to make curricula like this one widely available to credit counselors. Additionally, data from this report can be used to better target these resources to communities with high concentrations of individuals who need credit repair. Some individuals have low credit scores because of a lack of credit history or “thin file,” not because of a poor payment history. Reporting positive payment history on services like utilities, phone bills, insurance premiums, and rent can build credit and reward positive behavior. Finally, financial institutions should expand efforts to use relationship-based underwriting. While the increasing reliance on automated underwriting has lowered costs, automation can overlook borrowers who are potentially good credit risks but lack a traditional credit history. Lenders such as Neighborhood Housing Services of Chicago and Self-Help Credit Union in North Carolina have proven that taking a more expansive view of the factors that make someone a good credit risk can be a successful model for borrowers and lenders alike. I believe that a solid credit history is an asset that greatly contributes to an individual’s opportunities for economic security. If you can get favorable terms on credit for buying a home, starting a business, or continuing education, you’ll have more to invest and save over the course of your lifetime. With so many families reeling from unemployment, foreclosures, and loss of income, continued advocacy for strategies like credit building that promote economic security is more important than ever.

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Americans’ Net Worth Tanked In Second Quarter, Erasing This Year’s Gains

September 17, 2010

Americans’ net worth plunged in the second quarter of this year, new data from the Federal Reserve show, erasing the gains of the previous two quarters and adding evidence to the argument that the economy has entered a double-dip recession. The net worth of households and non-profit organizations dropped $1.52 trillion during the period from April 1 to June 30 of this year, according to the report released Friday. The new figure, $53.50 trillion, represents a 2.8 percent decline from the previous quarter. The net quarterly loss, the data suggests, came from Americans’ losses in the sagging stock market. Equity shares owned by households and non-profits tanked in the second quarter, dropping $1.88 trillion or 11.2 percent to $14.87 trillion from the previous quarter. The second quarter figure went down past the territory of 2009′s third quarter ($15.32 trillion), almost to the range of the 2009 second quarter ($13.06 trillion), when equity was just starting to rise from its low of $10.94 trillion in the first quarter of that year. The Dow rose 4.1 percent in the first quarter of this year and fell 10.0 percent in the second quarter. Total household wealth showed a 5.9 percent increase over the same period last year, which isn’t saying much, since at that point the economy was only just beginning to improve. More significantly, Americans’ net worth has approached levels not seen since the third quarter of 2009, when the total was $53.03 trillion, and when it was steadily increasing. The overall value of assets owned by households and non-profits dropped as well, sliding $1.56 trillion or 2.3 percent, to $67.41 trillion from $68.97 trillion in the first quarter of this year. Again, the figure entered territory not seen since the third quarter of last year. The economy has been in the slow process of deleveraging. Overall household debt dropped in the second quarter by a seasonally adjusted annual rate of 2.3 percent, with both mortgage debt and consumer credit debt falling. For households and non-profits combined, the values of mortgage debt and credit debt in the second quarter (respectively $10.15 trillion and $2.40 trillion) fell from the first quarter figures of $10.20 trillion and $2.42 trillion, respectively. Mortgage debt for households and nonprofits has been steadily falling since the most recent peak of $10.50 trillion in the first quarter of 2009. And banks charged off 2.9 percent of all loans in the second quarter, according to data compiled by the Federal Reserve Bank of St. Louis . The charge-off rate this year is higher than any other year since at least 1988. “Households are unable to pay off debt,” Elizabeth Warren, President Barack Obama’s newest top adviser on consumer and economic issues, said Friday during a conference call with reporters. “There’s a substantial amount of debt written off.” In a tentative, and potentially outdated, cause for hope, the value of real estate assets owned by households in the quarter went up, a 0.3 percent increase over the previous quarter. Moreover, total tangible assets owned by households and non-profits increased in value 0.6 percent to $23.68 trillion. But the current housing situation, which has worsened since the end of June, suggests trouble. “Looking ahead, the household net worth will move sideways as minor improvements on the financial side are likely to be offset by lower real estate asset values,” Gregory Daco, an economist with IHS Global Insight, said in a release. “With employment recovering very gradually and housing prices remaining low, household wealth will make a very slow recovery.”

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Deborah Weinstein: A State of Emergency: We Need to Address Rising Poverty Now

September 16, 2010

The Census Bureau poverty data released today makes it clear that our country is facing a state of emergency. In just one year, 3.7 million more people, including 1.4 million children, fell into poverty. Today, more than one in five children is poor. The depth of poverty created by the Great Recession is shocking. But it should not come as a surprise. With 15 million people out of work last year and many millions more with earnings too low to make ends meet, economists told us we should expect epidemic poverty. The only modest surprise is that poverty did not rise even more steeply, thanks in large part to expansions in Unemployment Insurance and temporary subsidized jobs put in place by the Obama Administration and Congress. Unemployment benefits alone kept 3.3 million people out of poverty, according to the Center on Budget and Policy Priorities . The Census Bureau reported that if food stamps and low-income tax credits were counted in its poverty calculation, the data would show that about 4 million more people were lifted out of poverty. Despite this “good news” it is not an exaggeration to say that our country is facing a state of emergency. Poverty hits hardest where it will do the most damage. Children are disproportionately poor, and the youngest children are the poorest of all (more than one in four children younger than five is poor). These children are the most vulnerable to harm from inadequate nutrition&mdash their brain development is threatened and they are more likely to become sick or require hospitalization. Many of their parents are working, but due to the recession their wages or hours have been reduced, pushing them below the poverty line—often significantly below. A mother with two children is considered poor if her income is below $17,285. But many have fallen even further into what is categorized as deep poverty — or half the poverty level. The Census data shows that 19 million people were living in deep poverty in 2009 — an increase of nearly 2 million over 2008. Even before the recession took hold, 32 percent of Americans were living very modestly above the poverty line — with little protection from lay-offs or lost work hours. The new Census data shows not only huge growth in the number of Americans living below the poverty line, but another increase in the “near poor.” In 2009 more than 100 million people lived below 200 percent of the poverty line (about $34,000 for a three-person family), up from 96 million in 2008. At twice the poverty level, more than one-third of families have a tough time affording food or housing, according to the Urban Institute. If a flood, fire or disease threatened even a fraction of the number of people living in or near poverty, we would not hesitate to declare a national emergency. We would do so both out of our sense of obligation to protect our neighbors and to prevent permanent economic loss, which affects us all. Our response to the income emergency facing our country should be no less immediate and far-reaching. The stakes are at least as great. When emergency conditions strike, Americans have historically taken action to clear away the destruction and rebuild. Most people are ready to take action now. A poll conducted by Lake Research Partners, on behalf of the Ms. Foundation for Women and Center for Community Change, shows that a majority of Americans believe it is time for the government to take a larger, stronger role in making the economy work and providing economic security. But self-serving politicians, lobbyists and pundits are taking advantage of this time of hardship to press for precisely the wrong actions—cuts in the very services and benefits that protect those who were hurt most by the recession, while providing more tax breaks for those at the top of the income ladder. Calling for hundreds of billions of dollars in tax cuts for the top two percent of earners while one-quarter of our children are poor is morally and economically wrong. Pretending that tax cuts of more than $100,000 a year for the wealthiest Americans will do as much for the economy as providing jobs and income support for the bottom 40 percent is wrong. Framing these cuts as aid to small business doesn’t erase the truth. The Main Street Alliance, a group of small business people, has said loudly and often that its members don’t earn enough to benefit from these breaks. Some of those claiming that tax breaks for the top will trickle down are also brazen enough to blame the Obama Administration for the steep rise in poverty. The Administration proposed the policies that have helped. These include: Unemployment Insurance expansions; the Temporary Assistance for Needy Families Emergency Fund, which has created more than 250,000 short-term jobs for low-income parents; improvements in the Child Tax Credit and Earned Income Tax Credit, which helped millions of families stay out of poverty; and an increase in food stamps, which allowed families to put more nutritious meals on the table. While these policies did a lot of good they clearly did not go far enough. But contrast these productive steps with the actions of those who stood in the way and held up unemployment benefits or sought food stamp cuts. Look to see who holds hostage tax cuts for 98 percent of Americans, including the low-income tax credits, in order to get breaks for millionaires. See whose interest in deficit reduction extends to cutting jobs, education, health care and more, but whose concerns evaporate when it comes to upper income tax breaks. Normally in this country we do not let political games stand in the way of a quick and humane response to dire emergencies. We can’t let that happen now. We need to extend the TANF Emergency Fund for another year; continue the low-income tax credits; extend federal unemployment benefits past November; and support programs that create jobs so parents can protect their children from the damaging effects of poverty. This is a national crisis. We need to start acting that way.

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Ilene H. Lang: Context Is King

September 14, 2010

Here we go again. Sometimes news — even good news — gets blown out of proportion. That’s what’s happening now with the gender wage gap. Recent headlines like “What gender pay gap? Young single women making MORE money than their male peers in America’s cities,” and “Workplace Salaries: At Last, Women on Top,” imply the gender pay gap has closed for all women. But it hasn’t. The gap is alive and well . These stories were pegged on recent market research that found that single, childless women aged 22 to 30 earn, on average, 8% more than their male counterparts in select U.S. cities. This important finding — largely reflective of increased rates of higher education among young childless women who work in cities with a knowledge-based economy — is good news. But the catchy headlines do not reflect the whole story. The market study compared young women and men with different educational backgrounds. But what happens when you compare the salaries of women and men side-by-side with the same degree? In Catalyst’s Pipeline’s Broken Promise , we found that women with M.B.A.s start behind, and stay behind, men with the same degree. In fact, women earn $4,600 less than equally skilled men in their first job out of business school — and this pay gap increases over time. And according to the latest U.S. Census figures , the median salary for women with Master’s degrees is actually lower than the median for men with only a Bachelor’s. Does this seem fair to you? I welcome research indicating that some young women in some cities are more than holding their own with wages. But for most women, it’s not yet time to break out the champagne. Like the “mancession” stories that proclaimed new opportunities for women to advance in the absence of men, a lot of the recent pay gap coverage overstates the facts and does not take into account all the nuances of the data. Context is king. Don’t lose sight of the larger picture and what still needs to be fixed. —- Cross-posted to Catalyzing — my official blog.

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Vernon Harrison Joins Unitiv as Chief Technologist, Data Management Practice

September 14, 2010

ALPHARETTA, GA–(Marketwire – September 14, 2010) –  Unitiv, a professional provider of enterprise IT solutions, today announced that Vernon Harrison has joined Unitiv as Chief Technologist for their Data Management Practice.

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ArcSight, Hewlett-Packard Deal Made For $1.5 Billion

September 13, 2010

NEW YORK — Hewlett-Packard Co. has agreed to buy the security software provider ArcSight for about $1.5 billion, the company said Monday as it extends a recent spree of acquisitions. The deal is part of a strategy begun under former CEO Mark Hurd, with the company looking to grow outside the low-margin personal computer market. It agreed to buy the data-storage maker 3Par for $2.07 billion just a few weeks ago after a bidding war with rival Dell Inc. The acquisitions have continued even after Hurd’s departure. He was forced to resign last month after an internal investigation found that he filed inaccurate expense reports related to an outside contractor. HP is suing Hurd, who has insisted he didn’t file his own expenses, to keep him out of a job at rival Oracle Corp. The most recent deal does not appear to have set HP on a markedly different path. “A software acquisition was highly expected for HP and the deal makes sense, providing a good fit with HP’s existing security offerings,” Barclays Capital analyst Ben Reitzes told investors in a research note Monday. ArcSight Inc., based in Cupertino, Calif., helps organizations keep tabs on the data flowing through their computer networks and analyze it for signs of hacking, theft or fraud. It has about 412 employees and took in revenue in the most recent fiscal year of about $181 million, just under a third of it from federal government agencies. This isn’t HP’s first foray into security. It bought 3Com Corp. this year for $2.7 billion, giving HP network security products through 3Com’s TippingPoint division. On Monday, HP said it would offer ArcSight stockholders $43.50 per share in cash. That’s a 24 percent premium over the ArcSight’s closing share price Friday and a 54 percent premium over ArcSight’s last closing share price before news of a potential deal leaked. Shares of HP, which is based in Palo Alto, Calif., lost 3 cents to $38.17 in midday trading Monday. ArcSight shares gained $8.82, or 25 percent, to $43.92 – above HP’s offer price, suggesting that investors believe another company might respond with a higher bid.

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Brett King: Consumers shun bank marketing in favor of researching online

September 13, 2010

At their annual ThinkBanking event last Thursday (Sept 9th) in Sydney, Google Finance released their latest behavioral research supported by Global Reviews’ Customer Experience Benchmarking . The results are a shock to those expecting traditional marketing methods to strongly influence customer behavior in respect to product selection in the financial services space. Barney Pierce, the Head of Industry – Finance for Google in Australia articulated that the research “shows a fundamental shift toward the online channel dominating research for financial products and services. A large part of which is search related activity.” Greg Muller and his team at Global Reviews who assisted with collecting the research explained that the research was conducted across Australia with a sample size of over 900 people from all walks of life, and was not biased toward online customers – it was directed at all users of financial services products. In the research customers were simply asked to find either a deposit product, a credit card, or a mortgage and report back on the process they used to find and select a product. 88% of customers research online Staggeringly when it comes to financial products, 88% of customers today start their journey online. For deposits and credit cards, 78% of time spent researching options overall is done in the digital space for an average of 3 hours and 20 minutes. (that’s up from 58% in 2008) For mortgages and home loans, 62% of their overall research is done online spending upwards of 11 hours and 25 minutes before settling on a product. 77% of those surveyed said that they didn’t know about the product they finally chose before when they started the task. The data shows a significant shift in behaviour when it comes to the selection process. Traditional marketing theory suggests that brand marketing and campaign marketing are strong influencers of behaviour when customers are selecting products, but this most recent data flies in the face of accepted theory. 51% of customers had a preferred brand when they started, but of those that used search to attack the task, 58% didn’t search for their preferred brand. Of those that started with a preferred brand 1/3rd (31%) ended up selecting a different brand. What about the branch? So what about the role of branch, call centre and other channels in the actual application process? 68% of those surveyed prefer to apply online, compared with just 29% who prefer the branch experience. However, 89% of people said they are open to applying online in the future if bank’s and FI’s get their approval processes up to scratch. The research shows that for poor usability was the primary reason that customers would abandon a website and pick a competitors brand online. The highest % of customers who stay with online throughout are the $100k+ p.a income bracket, in fact, 82% of High Income customers total research is done online today and 74% of these indicate they would prefer to apply online for deposits & credit cards. Google Finance research shows a big shift to online for finance products Conclusions The data indicates the following shift has taken place in the last couple of years: Consumer behavior has radically shifted in respect to financial products with brand and search being the top 2 mechanisms for product selection/choice these days, Financial Institutions need to invest big time in Search Engine Optimization, Search Engine Marketing, Social Media Support, and Financial Institutions need to streamline and produce highly usable web experiences so they don’t lose customers looking for their products. Based on this data, if you are a FI and you aren’t spending at least half your marketing budget in the online space, you are going to have severe problems with acquisitions moving forward.

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Marshall Goldsmith: What Is the Truth About Leadership? (Part 1 of 2)

September 7, 2010

My good friends Jim Kouzes and Barry Posner, best known for the classic, award-winning book, The Leadership Challenge , have written a new book called The Truth About Leadership . Recently I had the opportunity to catch up with Jim about his and Barry’s new book. Following is part one of the fascinating discussion I had with Jim recently during a conference he was giving in San Diego. MG: What will fans of T he Leadership Challenge find in The Truth about Leadership that may surprise them? JK: We’ve been traveling the world for three decades now, constantly researching the practices of exemplary leadership and the qualities people look for and admire in the leaders they would willingly follow. During and after our seminars and presentations, people ask us a lot of different questions, but there’s always one thing that they all want to know: “What’s new?” They want to know how things are different now compared to how they were five, ten, twenty, or thirty years ago. So we tell them. We tell them how the context of leadership has changed dramatically since we first asked people in the early 1980s to tell us about their personal best leadership experiences and about their most admired leaders. For example, we talk about how global terrorism has heightened uncertainty as political landscapes have changed. How global warming and scarcity of natural resources have made regions of the world unstable and created the need for more sustainable products and lifestyles. How the global economy has increased marketplace competition in the neighborhood and around the world and how financial institutions have exploded, imploded, and risen like Phoenixes from the ashes. How the always-on, 24/7, click-away new technologies have both connected and isolated people, as their capacity for speed cranks up the world’s pace. But we also tell our audiences something else, which usually surprises at least a few people. We tell them that as much as the context of leadership has changed, the content of leadership has not changed much at all. The fundamental behaviors, actions, and practices of leaders have remained essentially the same since we first began researching and writing about leadership over three decades ago. Much has changed, but there’s a whole lot more that’s stayed the same. We thought it was as important in these changing times to remind people of what endures as it was to talk about what has been disrupted. This is not idle theorizing on our part. We wanted to make certain that the lessons we included in The Truth about Leadership not only withstood the test of time but also withstood the scrutiny of statistics. So we sifted through the reams of data that had piled up over three decades and isolated those nuggets that were soundly supported by the numbers. This is a collection of the real thing–no fads, no myths, and no trendy responses–just truths that endure. MG: Do you still believe that effective leadership can be taught? JK: Let’s get something straight. Leadership is not preordained. It is not a gene, and it is not a trait. There is no hard evidence to support any assertion that leadership is imprinted in the DNA of only some individuals and that the rest of us missed out and are doomed to be clueless. The truth is that the best leaders are the best learners. Leadership can be learned. It is an observable pattern of practices and behaviors, and a definable set of skills and abilities. Skills can be learned, and when we track the progress of people who participate in leadership development programs, we observe that they improve over time. They learn to be better leaders as long as they engage in activities that help them learn how. Learning is the master skill of leadership, and our studies demonstrate that the more leaders engage in learning the better they become at leading. But here’s the rub. While leadership can be learned, not everyone learns it, and not all those who learn leadership master it. Why? Because to master leadership you have to have a strong desire to excel, you have to believe strongly that you can learn new skills and abilities, and you have to be willing to devote yourself to continuous learning and deliberate practice. No matter how good you are you can always get better. You have to have a passion for learning in order to become the best leader you can be. You have to be willing to put in the hours of daily practice over a period of years–the rest of your life, really. You have to be open to new experiences and open to honestly examining how you and others perform, especially under conditions of uncertainty. You have to be willing to quickly learn from your failures as well as your successes and to find ways to try out new behaviors without hesitation. You won’t always do things perfectly, but you will get the chance to grow. MG: Which of the ten time-tested truths do you personally think is the hardest to follow? JK: The hardest leadership practice to master is also the one that differentiates leaders from individual contributors. The truth is that focusing on the future sets leaders apart. The capacity to imagine and articulate exciting future possibilities is the defining competence of leaders. And, our data tells us that this is the most difficult set of skills to learn. Developing the capacity to envision the future requires you to spend more time in the future–meaning more time reflecting on the future, more time reading about the future, and more time talking to others about the future. It’s not an easy assignment, but it is an absolutely necessary one. It also requires you to reflect back on your past to discover the themes that really engage you and excite you. And it means thinking about the kind of legacy you want to leave and the contributions you want to make. None of this can be done by a pessimist. You must remain optimistic and hopeful about what is yet to come. You must truly believe that the future will be brighter and be confident that we’ll all get there together. A positive difference can only be made by a positive leader. MG: Explain the role of character in leadership? JK: The truth is that credibility is the foundation of leadership. This is the inescapable conclusion we’ve come to after thirty years of asking people around the world what they look for and admire in a leader, someone whose direction they would willingly follow. The key word here is “willingly.” It’s one thing to follow someone because you think you have to “or else,” and it’s another when you follow a leader because you want to. What does it take to be the kind of person, the kind of leader, whom others want to follow, doing so enthusiastically and voluntarily? It turns out that the believability of the leader determines whether people will willingly give more of their time, talent, energy, experience, intelligence, creativity, and support. Only credible leaders earn commitment, and only commitment builds and regenerates great organizations and communities. A leader’s credibility makes the difference between being an effective leader and being an ineffective one. Credibility determines whether others want to follow you or not. It determines how loyal they will be, how committed they will be, how much energy they will put into the cause, and how productive they will be. And the effect of personal integrity of leaders goes far beyond employee attitudes. It also influences customer and investor loyalty. People are just more likely to stick with you when they know they are dealing with a credible person and a credible institution. In business, and in life, if people don’t believe in you, they won’t stand by you.

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Video: Harkins Discusses Data Used for Selecting Investments: Video

September 7, 2010

Sept. 7 (Bloomberg) — Michael Harkins, a partner at Levy Harkins & Co., talks about the data he uses to formulate his investment strategy. Harkins speaks with Pimm Fox on Bloomberg Television’s “Taking Stock.” (Source: Bloomberg)

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HP SUES Ex-CEO Mark Hurd Over New Job At Rival Oracle

September 7, 2010

SAN FRANCISCO — Hewlett-Packard Co. is suing the chief executive it ousted last month, Mark Hurd, to stop him from taking a top job at rival Oracle Corp. The lawsuit, filed Tuesday in a California state court, came a day after Oracle hired Hurd as co-president to help lead the database software maker as it tries to steal business from HP. It centers on HP’s claim that Hurd won’t be able to perform his job at Oracle without spilling HP’s trade secrets and violating a confidentiality agreement. This type of complaint isn’t unusual in the technology world, nor is the confidentiality agreement Hurd had signed as part of a severance package from HP that could top $40 million. Technology companies often require such agreements because workers walk out the door with valuable technical information. But the stakes are higher with Hurd than a rank-and-file employee. As HP’s CEO for five years, Hurd was responsible for preparing HP’s strategic plans and has intimate details about HP’s profit margins and special deals it has offered customers, according to the lawsuit. HP also insisted that Hurd was privy to a “highly confidential” analysis of Oracle’s competitiveness against HP. “Hurd’s actions are a serious threat to HP’s business,” HP lawyers wrote in the lawsuit, which was filed in California Superior Court for Santa Clara County. Unless stopped, HP said, Hurd would diminish the value of HP’s trade secrets, hurt customer relationships and “give Oracle a strategic advantage as to where to allocate or not allocate resources and exploit the knowledge of HP’s strengths and weaknesses.” Hurd and Oracle declined to comment. The lawsuit shows the growing rancor between the two companies, which are longtime partners that are now competing in the market for computer servers. HP itself was on the other end of this type of case last year, after it hired David Donatelli, a veteran of the data-storage industry, from EMC Corp. HP was temporarily prohibited from letting Donatelli start work as an executive vice president because of a lawsuit by EMC. A court later ruled that Donatelli could work for HP, but under certain restrictions that split up some of his responsibilities. Shares of HP, which is based on Palo Alto, fell 36 cents, or 0.9 percent, to $39.98 in afternoon trading Tuesday. Shares of Oracle, based in Redwood City, increased $1.43, or 6 percent, to $24.35.

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Video: LSI’s Talwalkar Sees More Consolidation in Data Storage: Video

September 7, 2010

Sept. 7 (Bloomberg) — Abhi Talwalkar, chief executive officer of LSI Corp., talks about the outlook for the data-storage market and the company’s business strategy. LSI makes chips used in computer disk drives. Talwalkar speaks with Margaret Brennan on Bloomberg Television’s “InBusiness.” (Source: Bloomberg)

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