education

Joshua Shulman: Rights Have to Be Enforced Somehow

by Joshua Shulman on April 18, 2012

Huffington Post…

There are two ways to enforce rights. A government agency can do it, or it can be outsourced to private contractors, which means plaintiffs’ lawyers. If we’re going to use a government agency, then we have to make sure they do it efficiently, because our tax dollars fund those agencies. If we’re going to use private lawyers, they’ve got to be able to make good money doing it, otherwise they’ll do something else instead. If neither of those systems works for us, then let’s not pretend that we care about the rights that we’re refusing to enforce. The New York Times presented a front-page article on April 17 about lawyers suing New York City businesses that don’t have good wheelchair access. The story is that the plaintiffs’ lawyers are finding violations — easy in New York City, with its many ancient buildings, narrow-aisled, with aging or nonexistent ramps — and then choosing a plaintiff from a cadre of disabled people. Then the lawyers threaten to sue the allegedly violating business, the plaintiff gets a few hundred dollars, the lawyer gets a few thousand, and it all seems like a shakedown to the poor business owner. Of course, this is not how it’s supposed to work. A wronged person is supposed to seek out the lawyer, not the other way around. So this article has provoked anger against the trial lawyers who are supposedly abusing the system for their own enrichment. Having lived in New York, I treasure the funky old out-of-compliance stores, where even a non-handicapped person has difficulty navigating the aisles. I love those places, and my personal belief is that a variance ought to be available to them so they can preserve their funky old character, even if it means that the “temporarily able-bodied” are the only people who can safely get in and out. But of course, that’s not the law. That’s not the choice that we as a country have made about this issue. The choice that we made, and the law that we passed to enforce that choice, is that almost all businesses open to the public have to be able to safely accommodate handicapped people. And then we as a country made another choice: the government would not be given the resources to enforce this law. Instead, we would give an incentive to private contractors (lawyers) to enforce the law, by forcing out-of-compliance businesses to pay the lawyers’ fees when the lawyer could prove that the business was out of compliance. So now we’re angry at lawyers for being too aggressive in their enforcement? Well, here’s a story about what happens when we choose the other path of having a government agency enforce the laws. The Equal Employment Opportunity Commission (EEOC) is supposed to investigate alleged employment discrimination, then if it finds a violation, negotiate with the violating business to fix it, and if that doesn’t work, then the EEOC may file a lawsuit against the business. Note that the EEOC is required to try to negotiate a workable solution before it files a lawsuit. Seems reasonable. But the EEOC is short of resources. They field about 100,000 complaints of discrimination every year. They recovered more than $450 million for employees last year, with a budget of $343 million. So you could say they’re running a profit, sort of. But they are still constantly understaffed, overworked, and simply don’t have anywhere near the resources needed to investigate every one of those 100,000 claims. So, like all government agencies, the EEOC has to decide how to most efficiently allocate their scarce resources. One obvious choice is to focus on companies that are practicing system-wide discrimination, so they can bring class-action suits. For example, CRST Van Expedited Inc. is one of the largest trucking companies in the United States. They have an “internship” program, in which women who want to become truck drivers are paired with male truck drivers, and left together unaccompanied for weeks at a time, with predictable results . By bringing a claim against a company like this, which has allegedly caused sexual discrimination and harassment against hundreds of women, the EEOC should be able to use its resources efficiently, right? Protect hundreds of women with just one big lawsuit, instead of trying to pick them off one at a time, which would take forever, and lots of agency resources. Well, the Eight Circuit Court of Appeals just slapped down the EEOC , saying that their lawsuit against the trucking company fails because the EEOC did not take the required step of trying to negotiate in good faith with the trucking company about each case individually . But doing that would eliminate the efficiency of having one big case instead of many small ones. The EEOC did negotiate with CRST about their (idiotic) program as a whole, but not about each individual case. Sure, in an ideal world, they would talk about each case separately. But in a world where efficiency matters, that’s a crazy requirement. It’s exactly the kind of requirement, in fact, that makes a government agency unable to perform its function of keeping the workplace free of discrimination. Which leaves it to whom, exactly, to to enforce our rights against workplace discrimination? Why, to the private lawyers, of course. In fact, one of the few women who opted out of the EEOC suit against this trucking company sued CRST privately. The jury awarded her $1.5 million . We as a country have to decide what rights we want to enforce, and whether to enforce them with government agencies, or with private contractors. But whipsawing back and forth is unfair. If we choose government agencies, then we’ve got to let them be efficient. Listen up, Eight Circuit. If we choose private contractors, then we’ve got to let the profit motive motivate them. Listen up, lawyer-bashers.

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Joshua Shulman: Rights Have to Be Enforced Somehow

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Dan Solin: The 401(k) Rip-off May Be Ending

by Dan Solin on April 17, 2012

Huffington Post…

It has long been my view that 401(k) plans are a national disgrace. They are rife with conflicts of interest between those who “advise” them and the participants who contribute to them. The investment options in the plan are chosen through a cozy, complicated and little understood process by which mutual funds make payments to brokers and insurance companies in order to get selected for a coveted place in the line-up of funds from which participants are required to make their selections. In any other context, these payments would be called bribes. In the 401(k) industry, they are known as “revenue sharing payments”, justified by tortured logic intended to obscure their real purpose, which is to populate these plans with expensive, actively managed funds likely to underperform index funds of comparable risk over the long term. The inner workings of the 401(k) system are shrouded in secrecy and mired in complexity, which is exactly the way the securities industry wants to keep it. There has been little scrutiny of how investment options are actually selected for inclusion in the plan. Justice Louis D. Brandeis famously stated that “sunlight is said to be the best of disinfectants”. 401(k) plans have been operating in very dense fog. Lawsuits challenging this unsavory process have had mixed results. Most have been dismissed as having no legal merit. Some have been quietly settled. None have gone to a trial on the merits, until now. Tussey v. ABB, Inc ( Case No. 2:06-CV-04305-NKL) is a class action brought in the United States District Court for the Western District of Missouri, Central Division, by present and former employees of ABB, Inc, who were participants in two 401(k) plans. The plans included mutual funds managed by Fidelity Investments. Affiliates of Fidelity served as investment adviser to the mutual funds in the plan and as recordkeeper to the plans. After a four week trial, U.S. District Judge Nanette K. Laughrey issued an extensive opinion. She found that ABB and Fidelity “… violated their fiduciary duties to the Plan when they failed to monitor recordkeeping costs, failed to negotiate rebates for the Plan from either Fidelity or other investment companies chosen to be on the PRISM platform, selected more expensive share classes for the PRISM Plan’s investment platform when less expensive share classes were available, and removed the Vanguard Wellington Fund and replaced it with Fidelity’s Freedom Funds.” The Court was especially critical of the process employed by the Pension Review Committee to replace the Vanguard Wellington Fund with Fidelity’s Freedom Funds. The Court noted the stellar, long term track record of the Wellington Fund. It found that the “… recommendation to add the Freedom Funds to the Plan’s investment platform and remove the Wellington Fund despite its excellent performance record was motivated in part by his desire to decrease the fees that ABB was paying and to maintain the appearance that the employees were not paying for the administration of the Prism Plan.” So much for acting in the best interest of the plan participants. As compensation for the misconduct of the plan fiduciaries, the Court assessed damages of $36.9 million and left open the possibility of awarding attorney fees to the plaintiffs. I contacted ABB and was told by their representative that it “strongly disagreed” with the decision and was “considering its options, including an appeal.” Dan Solin is a senior vice president of Index Funds Advisors. He is the New York Times bestselling author of “The Smartest Investment Book You’ll Ever Read,” “The Smartest 401(k) Book You’ll Ever Read,” “The Smartest Retirement Book You’ll Ever Read” and “The Smartest Portfolio You’ll Ever Own.” His new book is “The Smartest Money Book You’ll Ever Read.” 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: The 401(k) Rip-off May Be Ending

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BJ Gallagher: In Sales — and in Life — Be a Go-Giver, Not Just a Go-Getter

April 17, 2012

I recently met Julie Larson, an Idaho consultant and organizer of a Facebook group called “The Go-Giver Group.” I’d never heard the term “Go-Giver” before and it intrigued me, so I asked her about it. She suggested I get in touch with Bob Burg, who coined the term in his book, The Go Giver . So I found Burg on Twitter and asked if I could interview him to find our more: BJG: I like the sound of your term, “Go-Giver.” Can you tell me more about it? Bob Burg: While my book (coauthored with John David Mann) is a play on the more well-known term “Go-Getter,” the two are actually not opposites. We love Go-Getters because Go-Getters take action and get things done. A Go-Giver is simply a person who has learned that shifting their focus from getting to giving (in this case, “giving” means constantly and consistently providing value to others) is not only a nice way to live life, but a very financially profitable way, as well. A Go-Giver is someone who lives their life and conducts business according the five laws John and I describe in the book: The Laws of Value, Compensation, Influence, Authenticity and Receptivity . Oh, and by the way; what is the opposite of a Go-Giver? That would be a Go-TAKER — a person who takes, takes, and takes without adding value to the other person, to the process, or to the situation. BJG: You and I had a brief exchange on Twitter the other day about the topic of selling. Selling seems to have a negative connotation in many people’s minds — why do you think this is so, and what (if anything) can sales people do about it? BB: Like most things that have a bad reputation, there is a seed of truth to it. That seed is the people who — in the name of “selling” – are actually con artists. They are not there to help the other person; they are there only to help themselves. Let me explain: Selling is simply a way of providing value to another human being and profiting as a result of the value you have provided. The old English root of the word sell — “Sellan” — actually meant “to give.” So, when you are selling, you are giving. What exactly are you giving? You’re giving time, attention, counsel, education, empathy and value. In a truly free-enterprise economy, a sale occurs only when the seller and the buyer both feel they will each be better off as a result of the transaction. Isn’t that beautiful? Therefore, it’s the job of the salesperson to provide value to their customer in a way that the customer sees that value. In other words, the seller must please the consumer. When a transaction takes place between two people who both feel good as a result of the exchange, that’s when mutual value has been created… and the economy expands. A country filled with people engaged in mutually profitable exchanges is indeed a prosperous country. I ask all salespeople to remember this: “Money is simply an echo of value. It’s the thunder to value’s lightening.” In other words, the value comes first. The money you receive is simply a direct and natural result of the value you provide. One of the best pieces of advice I ever received was about 30 years ago, from a very successful salesperson who was getting ready to retire. He probably saw me as a young up-and-comer to whom he could impart his wisdom (and I’m glad he did!). He said, “Burg, if you want to make a lot of money in sales, then don’t make money your target. Make serving others your target. Now, when you hit the target, you’ll get a reward. That reward will be money. But the money is only the reward for hitting your target of serving others — money’s not the target itself.” Wise words. Understanding that is the essence of being a “Go-Giver.” BJG: George Foreman has been quoted as saying: “I don’t care how many degrees and diplomas you have on your wall. If you can’t sell, you’ll probably die.” Since we’re all in the business of selling – ourselves, our ideas, our books, our workshops, our consulting services — what advice would you give business people and those who might not realize that selling is a part of their work? BB: I believe what Mr. Foreman said is absolutely correct. Everyone sells something, whether a product, a service, an idea, a concept, a philosophy, etc. Whether it’s selling a product or service to a client who needs/wants it, or selling a child on not taking drugs or why they should want to do well in school, we are all selling. Selling is simply communicating your ideas in such a way that the person with whom you are transacting comes to understand how they will benefit from them. Focus on the other person; on providing value to them in a way that they find it to be of value. The best, the most successful salespeople understand that in sales, “it isn’t about you; it’s about THEM.” So, my advice would be to learn selling, study selling. And understand that through selling you can help others, as well as yourself. As the great salesperson and sales teacher, Zig Ziglar famously said: “You can have everything in life you want, if you’ll just help enough other people get what they want.” BJG: Any final words of wisdom for my readers? BB: When it comes to sales, I have a favorite saying: “All things being equal, people will do business with — and refer business to — those people they know, like, and trust.” The best, most powerful, most effective way to elicit those feelings toward you is to focus on providing extraordinary value to them – not just through your products and services, but by being genuinely interested in them. For more information about Go-Givers and Bob Burg’s books and workshops, visit www.burg.com

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Chip Conley: The 7 Practices of PEAK Leadership

April 17, 2012

Why don’t we “practice” business? I’ve come to realize that — unlike medicine and law — we don’t think of our profession as business leaders as a “practice.” A few years ago, in the last downturn, I developed the principles of PEAK as an alternative operating model for my business based upon Abraham Maslow’s iconic Hierarchy of Needs pyramid. Reinterpreting this well-known theory of human motivation helped me to see that all stakeholders associated with a company have their own Hierarchy of Needs. My company Joie de Vivre tripled in size during this difficult period and I came to find out that a variety of other transformational companies like Harley-Davidson have used Maslow’s theory as a foundation for their business model. Business principles are only as good as the practices that back them up. Recently, with the assistance of some good friends, I’ve developed a set of PEAK Leadership practices that can assist any leader or leadership team to move from survival to success and on to being a transformative role model in their industry. When a company embeds these principles and practices in how they grow their leaders, the end result is PEAK performance: a phenomenon of sustained growth — both for the organization as well as for those within the organization. Practice 1: Embody an inherently positive view of human nature. The principles of PEAK have their roots in humanistic psychology and a basic belief that man is meant to “be all that he can be.” So, it’s not surprising that the fundamental first practice is assuring that a PEAK leader believes that humans — at their very core — gravitate to goodness when the right conditions exist for them to flourish. Creating what Maslow called “psycho-hygiene” in a company means focusing on people’s best qualities and believing in what’s been known for a half-century in business as a “Theory Y” perspective on management versus “Theory X.” With Theory X, management assumes employees are inherently lazy and will avoid work if they can. As a result of this, management believes that workers need to be closely supervised and a comprehensive system of controls developed. With Theory Y, management assumes employees may be ambitious and self-motivated. They believe the satisfaction of doing a good job is a strong motivation and seek to create the conditions for the employee to develop their own strengths to be successful. While this latter theory may feel intuitively right to many of us, is your organization still structured in a Theory X style of business? Practice 2: Create the conditions for people to live their callings. Great leaders understand there are only three relationships you can have with your work: a job, a career, or a calling. A job tends to deplete you and a calling energizes you. Most employees live in the bartering world of work. The company gives them a compensation package and recognition and, in return, the employee gives their time and energy. Yet, those that are living their calling have moved from external to internal motivation. And, these employees are not exclusively focused on the specific collection of tasks they perform and are more focused on the impact or purpose of what they do. The best hospitals have more nurses living their calling. The best airlines have the happiest flight attendants (Southwest). What are you doing to help your people find their sense of calling in what they do? Practice 3: Promote and measure the value of intangibles. In business, we are taught that leadership is all about managing what you can measure, but what’s most easily measurable is the tangible in life. Yet, is it the tangible or the intangible in business and life that creates value? In business, the metrics that track the tangible are well known: your profitability, assets & liabilities, cost structure, market share. Yet, in reality, these tangible metrics are the result of a series of intangibles that drive excellence: brand loyalty and reputation, employee engagement, customer evangelism, the ability to innovate. Great leaders nurture, value, and evolve corporate culture — one of the most valuable intangibles — as a key differentiator for their company. These intangibles are the inputs that drive the tangible output that most companies use to evaluate their performance. In the 21st century, great leaders are learning how to measure and benchmark these intangibles so that they’re not out of sight, out of mind. Which intangibles are most valuable to your business and how are you measuring them? Practice 4: Ability to move fluidly between being a “transactional” and a “transformational leader.” Author James McGregor Burns once wrote that, “Transformational leaders look for the personal motives in followers, seek to satisfy higher needs, and engage the full person of the follower.” Yet, most management decisions require only transactional thinking because the goal is purely to optimize existing resources. A great leader is able to move fluidly between addressing the foundational needs that people have, but also helping them see beyond the short-term so that they can be motivated by a compelling vision that helps them transcend their momentary challenges. How much of your time is stuck in the trenches as a transactional leader versus focusing on how to create transformation? Practice 5: Calibrate the balance between “Conscious” and “Capitalism.” Business has quite often been seen as a “zero-sum” game. One person’s win is another person’s loss. Taken to the global level, some believe that capitalism’s short-term gains are often to the long-term detriment of the environment and to certain communities. And, at this crossroads, in an increasingly transparent world, this is why great leaders have to think more broadly about the impact of their decisions, not just on the bottom line, but on their broader stakeholders. In many ways, Walmart took this step when they saw their stock price flat line even with sizable revenue and net income growth. Yet, for those socially conscious business leaders, cash flow is the blood that keeps your organization alive. Make sure the basic survival needs of your company are met. How do you balance the priorities of the broader community versus the financial needs of your company? Practice 6: Focus on your customers’ highest needs. Henry Ford once suggested, “If I asked my customers what they wanted, they would have said a faster horse.” PEAK leaders and companies understand what the customer wants even before the customer has articulated it and they realize that customer innovation requires a certain amount of mind reading and cultural anthropology. By doing this well (with Apple being the best example in the world), you create a movement and evangelists and reduce your need to spend money on traditional marketing. Are your customer satisfaction surveys just asking the obvious questions that will track their expectations and desires, but not their unrecognized needs? How can you “mind read” your customers? Practice 7: Lead to PEAK. Just as a Sherpa does in the Himalayas, great leaders meet their people where they are on the pyramid and help them to see the natural path to the peak. They recognize the value of loyalty and mentoring as a means of sustainable success in business. PEAK leaders champion personal development in tandem with corporate development knowing that there’s a synergistic effect of having a self-actualized individual in the workplace as evidenced at companies like Google. And, most importantly, they embody authentic leadership by being, not just by doing. How are you incubating a collection of great leaders? Conscious people pay attention. It’s true of spiritual leaders. It’s true of business leaders. PEAK leaders pay attention to the higher needs while not neglecting the base needs that provide a foundation for their organization. Leadership is all about making conscious choices and knowing that the higher you are in a company, the more magnified your decisions and behavior will be throughout the organization.

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Liz Ryan: The Worst Way to Pick a Job Candidate

April 17, 2012

When anthropologists of the future turn their gaze to the 21st-century workplace, they’re going to be surprised at how many pointless, absurd things 21st-century people (that’s us) used to do at work. The anthropologists are going to say, “The 21st-century workplace is a treasure trove of anthropological riches! There’s the formulaic and stilted decision-making process, the hierarchical overtones in every conversation and glance, and the overpowering pressure to conform with the group — and we’ve only just begun our research!” I’d love to read that study, if scientific advances allow me to live another 90 years or so. One of the phenomena that will come up for review when future researchers dig into 21st-century workplace culture is the job interview process. I can’t imagine how we could employ a worse system for choosing people to work on our teams, but the godawful American corporate job interview process is so firmly entrenched that most corporate people are shocked when I suggest overhauling it. We know it stinks. We sit in an awkward room with a resume and a desk between us and another person and we ask, “So, tell me why you left Acme Explosives?” as though we cared about the answer to that question. We ask idiotic questions because we don’t know a better way to get through an hour’s worth of conversation, and we know we have to do that. I’m not blaming the managers who sit through those painful interviews, or the candidates themselves, of course. The system itself is broken. The interview script is brainless. It’s time for smart people to change the way we conduct interviews, and the good news is that it couldn’t be easier to do. If we needed someone to remodel our bathroom, we wouldn’t call a bunch of contractors and have each of them come over to our house so we could ask them: “So, why did you start your own plumbing business in 1997?” We actually couldn’t care less why they started that business. What we really need to know is: “How would you remodel my bathroom? What sorts of similar projects have you done in the past? How did those work out?” We’d want to get a feel for our contractor’s gravity and professionalism. We’d want to get a taste of his communication style and interpersonal manner. Later, we’d check references on one or two of the folks we were thinking about hiring. We’d negotiate a price for the job. Boom! We’d be done. We wouldn’t ask the contractors what their greatest weaknesses are. We wouldn’t ask them why they want our bathroom remodeling job; we would consider it insulting to ask that question, because each of these contractors had already expressed interest in the project. They’re bathroom remodelers — why shouldn’t they be interested in remodeling a bathroom? We wouldn’t ask them to tell us why, of all the contractors in our city, we should hire them for the job. We wouldn’t ask them to grovel, in other words. Here’s what we might do, instead. YOU: So, George, thanks so much for coming over. GEORGE: No problem. What’s the project, now? YOU: It’s my master bathroom. It’s long and narrow, not the perfect footprint, but I want a new tub so I figure it makes sense to remodel the whole bathroom. GEORGE: That’s usually what I recommend, unless you love the way the bathroom looks now. There are tubs in pretty much any size out there. YOU: I hate the colors, so if I’m painting and picking tile anyway… GEORGE: Definitely. Might as well do the whole thing. YOU: You’ve done a lot of these? GEORGE: I used to do just bathrooms, working with a tile guy named Jesse. Jesse moved to Texas, but I work with his cousin Wally now. We do about half and half kitchens and bathrooms. YOU: I got your name from Sue Barnes… GEORGE: Oh right, I did Sue’s addition last year. That had a bathroom in it. We found a really nice antique tub at a salvage place, and Sue had some Italian tile that she got on vacation. YOU: You found that tub? I love that tub! I covet it! GEORGE: I’m an antiques geek I guess. I picked up that tub even before Sue chose it, because it looked so perfect for her job. If she hadn’t wanted it I could have taken it back, but I was 99 percent sure she would love it. YOU: It’s amazing. I’ve never seen one so ornate. GEORGE: It’s perfect in that space, I think, with the window and the green tile… YOU: Well, I love your design sense. Let’s talk about project management. GEORGE: Sure. YOU: Well, I actually don’t know anything about project management, I confess. I’m a massage therapist. I just know that that’s a big part of doing a job like this. GEORGE: I run anywhere from two to six jobs at once. Right now, I have three I’m juggling, but luckily two of them are wrapping up this month. If we can walk through the bathroom and you can tell me a little more about what you want to do, I can get you an estimate and whatever you need to see insurance-wise. If you decided you want to get started and if we could start next month, we’d do the job in about four weeks. YOU: Four weeks for a bathroom? GEORGE: That’s me walking in to everything finished and I’m out of your hair. The bathroom would be out of commission for about two weeks. If you happened to be planning a vacation, you could miss the worst of it. YOU: We could go out of town. You could make sure the place was locked up at night? GEORGE: Oh sure, we do that all the time. It’s easier for us. If you could board the dogs or take them with you — YOU: They’re wuss dogs, they travel with us. GEORGE: Perfect. Then we could do the worst of it, the dusty stuff, while you’re gone and it would be all done when you got home. YOU: Could you share some references with me, George? GEORGE: For sure. Sue Barnes is one of them, and I’ll send you three more. YOU: I’m so excited! When we zero in on what needs to be done and start getting a feel for how the candidate (or contractor) would approach the job and how he or she has managed past jobs, we learn something relevant. We learn tons, in fact. When we’re talking about our project or role in context — sharing a bit of dirty laundry, if needed, to say something like, “Our sales guys are great, but they’re so focused on new business that our largest accounts are getting overlooked and we need to solve that. What else can I tell you?” then we can get to the heart of the matter at hand, namely, does this candidate sitting with me understand what I’m up against it, and have good ideas for surmounting our obstacle? Of course, we can’t have an in-depth, substantive job interview like the one I’m proposing unless we come down off the perch that many hiring managers and HR folks have installed themselves on top of. We have to be willing to say, “Everybody is making an important decision, here. You are deciding whether or not to come and work for us. We are deciding whether you’re the right guy to work with us on this problem. We’ve all got to get beneath the surface, today.” We shouldn’t be asking job applicants lists of pointless interview questions. We should be talking with them about the work at hand. Who gives a rat’s behind what adjectives the job-seeker thinks other people use when describing him or her? Who cares what sort of animal or canned soup the job-seeker identifies with? This made-up garbage falls into the category of what my old mentor Jon Zakin calls “playing business.” It’s pointless, but we do it over and over and over, anyway. Sitting behind a desk asking lists of pre-written interview questions is not only insulting to the candidate, but it’s bad business too. We could have more substantive conversations with job-seekers if we opened the kimono a little bit to say, “Look, here’s what’s going on in the department. I’d love your take on it.” We’d let the candidate ask as many questions as he or she wanted to. Questions show the applicant’s brain moving, and that’s exactly what we want! I can’t imagine how stupid an interviewer would have to be (or how fearful of stepping outside the lines) for the interviewer to say, “No, I’m sorry, you won’t have a chance to ask us any questions today.” I encourage a job-seeker to get up and leave the room, the building and the opportunity at that very moment. Life is too short to waste time with amoeba companies who don’t understand human beings, only spreadsheets and policies and hoary job-interview scripts. Those guys don’t get you, and they don’t deserve you. If you’re in charge of hiring for your organization, ask yourself: Why are we still interviewing job candidates the way we did eighty years ago? The world has changed. We can loosen the bonds of workplace ritual enough to say, “This isn’t working.” We can change the interview frame, and the sooner we do it, the better off we’ll be.

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Ted Harro: 7 Kinds of Smart You Need to Look for When Hiring

April 17, 2012

I work with smart people all of the time. They are often products of the best schools in the world, have impressive accomplishments, and can do super mental gymnastics. If you haven’t watched a Harvard MBA do a mental triple somersault with a twist in the layout position, you really ought to. It’s stunning. And I confess that I love these people. But sometimes smart people do the darnedest things when hiring employees. Here’s one. When evaluating a job candidate, smart people often have a short-hand that sums up their thoughts. “She’s crazy smart!” They actually use a different adjective, but this is a family-friendly blog and I never know when my mom might drop in for a read. Or if they don’t like someone, they might say, “He’s not that smart.” This is the kiss of death. You can be awkward, ugly, or downright rude. But don’t be “not that smart.” There is plenty of evidence assembled by the smart people that intelligence is a key factor to success. But here’s the question I’m sometimes courageous enough to ask: “What kind of smart does this job require?” Anyone who has hired employees will recognize the pitfalls of trying to nail down what kind of smarts they need. I have a friend who has been very successful in the publishing world. Once, she was asked to do a first interview of a highly recommended candidate for one of the biggest news websites in the world. The kid launched into a speech on a 14th century French play and seemed so introverted that she recommended against hiring him thinking he was a bad personality fit as well as better suited to graduate school than a popular website. Fortunately, someone else saw his talents and he went on to become a star business reporter, known for his focused and thorough research. If you’ve hired more than one employee, you recognize that story. It’s easy to be imprecise about what kind of “smart” we are looking for when hiring. Asking, “is someone smart” is a smart thing to do. It’s a simple way to screen a candidate. Just be sure that you’re not going from being simple to being simplistic. Know what you need and where you need it. Ask what kind of smart. Here’s your starter list: Analytically/Technically Smart — These whizzes can weave magic with spreadsheets and numbers. They can model out a business with breathtaking elegance. They can take overwhelming data and turn it into meaningful information. They can discover the algorithm that will make your product do backflips for your customers. They’re smart. You want them in finance, R&D, and IT. Book Smart — These brainiacs know all of the right answers based on the established research. They can check and double-check and yes, triple-check your facts and figures to be sure your answer is supported in the literature. You want them on your legal team. They just might find that one thing cracks the case or covers your backside. People Smart — These geniuses are good at what a lot of academically gifted folks struggle with: dealing with people. They have a natural read for how others are interacting and they can find ways to connect with almost anyone. I have client who has made a considerable fortune largely based on being people smart. He says he’s not that smart. Actually, he’s a genius at making connections with people and being genuinely friendly and helpful to them. This means that he is probably two to three phone calls away from talking to virtually anyone of influence in our country. Now that’s smart. You want people like that on your Business Development team or your board. Quick-on-Their-Feet Smart — When I started in consulting, my first boss used to joke about how important it was to have a good pair (or three) of “dancing shoes.” He was pointing out that certain roles demand people who can think on their feet. They have to walk into situations and conversations with a general approach in mind, but then adjust on the fly with seeming ease. They need to be able to see around corners in a conversation and know what to say and what not to say. They’re smart. You want them on your sales or PR team. Politically Smart — We all know there are two realities: how organizations say things get done and how they really get done. Politically smart people know both but they’re experts at the latter. They can read where influence really lies in any situation and how to get powerful people moving in the same direction. They figure out what matters to different constituents and they can shape options that turn into deals that turn into action. They’re smart. You want them on your negotiation team and in any part of your company that drives significant change. (I’m looking at you, IT!) Organizationally Smart — Any fast moving organization manages far too many details. These people can cut through the clutter and bring order to the chaos. They sort out what matters and find ways to make tasks work. They’re realists and keep us honest about what can be done. They’re smart. You want them on your project management teams. And any executive lucky enough to have one as an admin will bite your hand off if you try to recruit theirs. Wisdom Smart — Some situations just require experience. You can be smart in any of the ways above, but without having seen it before you’re going to struggle. Having been a successful salesperson isn’t the same as having successfully run a regional sales team. Reading books about a startup just isn’t the same as having effectively dealt with the chaos of rapid growth with scarce resources. Having visited Europe on vacation just isn’t the same has having lived and done business there. These people are smart. You want a balance of people with battle scars along with your bright up-and-comers. One caveat: experienced and crusty don’t have to go together. Pick Wisdom Smart people who are humble enough to know that they can learn from those unburdened by experience.

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Terry Connelly: We Have Seen This Stock Market ‘Horror’ Movie Before

April 16, 2012

Here we go again. It’s the second quarter of the year, and once again — as in 2010 and 2011 — the hedge fund investors that missed the rally in the U.S. stock market have rebooted their “sky is falling” pitch to scare the rest of us out of our shareholdings. They do this so they can buy back into the market on the cheap and enjoy the rally that will occur in the second half of the year — just like the previous years. Two months ago, “a few” members of the Federal Reserve Board were favoring a QE. Now, they say it’s just “a couple.” So, one day it’s a strained reading of month-old Federal Reserve Board meeting minutes that concludes that the Board has taken additional monetary stimulus “off the table” because just “a couple” as opposed to “a few” have agreed that action may be necessary. (What if the “couple” happened to be Chairman Bernanke and Janet Yellen, his deputy?). In the end, a couple and a few are the same thing, but the market has overread “a couple.” Curiously, CNBC, the main market news outlet on cable, started promoting this thesis right away (presumably as part of its virulent anti-Obama campaign to talk down the market lest the President’s re-election campaign get any bounce from better stock prices and fatter 401(k)s and sure enough the market went down by triple digits. Then came the monthly jobs report showing only 120,000 net jobs created in March. Clearly a disappointing number compared with the more than 200,000 in February and January, except for the fact that these monthly estimates (which are based on a projection model for a set of interviews with employers, not an actual numerical “headcount”) are always wrong and corrected in subsequent months. On a corrected basis, the QUARTERLY jobs report — a more reliable indicator — shows a step up in hiring for each of the past THREE quarters, rising from 300,000 plus in Q3 2011 to 400,000 plus in Q4 2011 to more than 600,000 plus in Q1 2012. Of course, this data never made it onto CNBC. Then came the hedge fund hit to Spanish and Italian sovereign debt interest rates when the European markets opened Tuesday after the Easter holiday. Here’s how that happens: the hedgies don’t have to actually sell Spanish and Italian government bonds and take losses. All they have to do is bid up the price of credit-protection (the famous credit default swaps (CDS) that helped bring on the U.S. financial panic in 2008) on Spanish and Italian debt. The CDS contracts pay out only if the debt defaults, so a higher price implies a higher risk of default on the underlying debt. When that happens, investors tend to dump the underlying debt, sending the interest rates up. The hedge funds and other big investors know from the past two years of experience that such movements in the CDS markets move the European sovereign debt markets down and in turn, spook the U.S. stock markets into their now famous “chicken little posture.” Translation: you can manipulate the U.S. stock market down by 500 points or more over two or three days just by bidding up a few Euro debt CDS contracts on Italian and Spanish debt! But you won’t hear that on the supposedly informative CNBC. You just hear about the Spanish and Italian interest rate spikes, just like last year and the year before. You also hear about other European sovereign debt at just about this time of the year — after a run up in the U.S. market that some of the “big boys” missed out on. And so, on Tuesday after Easter, we went down 200 more points on the Dow. As CNBC cheers on the incipient “market correction” and puts on a series of chartists warning of free-fall. Just to top it off, the CNBC mavens chat incessantly about the coming downturn in corporate earnings on the first day of Q1 reporting season, quoting of course unnamed experts that earnings will actually fall for the quarter. Never mind that 3/4th of the early reporters — a small but at least “actual” sample — have already reported earnings that EXCEEDED estimate. Never mind that Alcoa, which was panned all day long by the cable Cassandras, actually reported earning revenues and earnings after Tuesday’s closing bell that also significantly exceeded estimates! Are we seeing a pattern here? It’s déjà vu all over again, as Yogi Berra would say. Fool me once, your fault; fool me twice, my fault; fool me three times, well, that’s the lot of U.S. equity traders, as they again fall for the hedge funds’ head-fake apocalyptic scenario in the second quarter, and take the rest of us down with them. What the hedgies and their shills at CNBC count on is the fact that average investors aren’t used to short selling, so they don’t understand that folks who come on TV and talk the market down might actually be “talking their book” just like the typical stock “promoters” they are justly suspicious of. Wise up, stock investors — you are being had, again — by some real pros that count on you having a short memory from the games they played the last two years, at just this time of the year. They, not you, made the money in the second half of the past two years. Wise up!

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Geri Stengel: Closing the Leadership Gap

April 16, 2012

What gives? As the Women Entrepreneurs as Economic Drivers, a report from the Kauffman Foundation shows, getting those women-owned businesses on a high-growth track would energize our sluggish economy. But it’s not happening. Why? I’ve been asking women who haven’t been stopped what they think the barriers are and here’s what they say: Dream bigger. When women start a businesses, they think too far ahead, to the day when they’ll be managing a family as well as a business.They opt for career paths that seem safer and more flexible than running a major corporation. Liz Elting, CEO and founder of global language service provider TransPerfect, advocates another tack: Go for broke when you are young and have nothing to lose. Don’t worry about what your life will be like in 10 years. Dream big and follow your dreams. When your business grows, so do your options for work/life balance. And being a high-powered CEO doesn’t mean you can’t be a good mom. “If you want to have a family and run a business, you can — and a growing number of us do,” says Elting. Be tough. Nice girls please people. CEOs have to make tough decisions, from firing people to cutting services. In a man, that’s being strong; in a woman it is seen as being bitchy. “If you want everyone to like you, you will have a hard time doing what is necessary,” Elting says. Wake up the men. At home, men must share in household responsibilities, recognizing that the woman’s career is as valuable as the man’s. At work, men need to be more inclusive. Networking events shouldn’t just be guy things. Deals are done in informal settings after the conference or out of the office — on golf courses and in the corporate box at the ball game. Yes, some women like sports, but a lot are left out of that schmoozing and dealing. It’s not that men are circling the wagons; they’re just not thinking it through. They’re losing, too, when possibly great deals get left at the clubhouse. Support each other. Whether in peer groups, such as the Women Presidents’ Organization, or through mentoring women starting out, women need to support and mentor each other. As Sheila Lirio Marcel, CEO of Care.com says, “We must lift as we climb, bring others along with us and collect talented people as we rise.” Men know how to network. Women seem to be falling behind . That needs to change. Change the way business is done. Let’s start firms that don’t follow the same old businesses model; let’s build a model that can accommodate the differing needs of GenY, parents, Type A workers and those who want to work reduced hours. You can retain and grow talent by being flexible — flexible about taking a year off for family without losing a rung on the career ladder; flexible in working hours; flexible about telecommuting. If we don’t restructure business culture, we’re going to keep losing the talented people we’ve paid money to train. Rosalie Mandel, principal of the alternative investments accounting firm Rothstein Kass, has changed the culture of her company. “Our firm had the vision to see the benefits of flexible scheduling — and it’s never said no. We’ve had an official flex policy since 1999,” she said in an article for The Glass Hammer . Changes now, in attitudes, awareness and culture could end the stagnation of small women-led businesses and make them into the economic drivers we need. For more articles about high-growth women entrepreneurs, visit Guiding the Way for Women Entrepreneurs , Ventureneer’s curated source for information women entrepreneurs can use to power-up their businesses.

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Jim Kukral: The New Business Model of Book Publishing

April 16, 2012

I’ve written previously about how Amazon’s Kindle and their KDP Select program is bringing new writers to the book publishing world, bypassing traditional publishers. But sometimes, established writers are finding a new voice there too. Randy Cassingham is one of the first online publishers: his This is True column went online in 1994. It’s his full-time gig: over the years, it has brought him several million dollars in income, and he lives on 45 acres in western Colorado, where he looks at gorgeous snow-covered mountains from his home office. “TRUE” (as Cassingham calls it) is biting social commentary, using weird news as its vehicle. It’s funny and has a loyal following: thousands pay $24/year to get the full column by e-mail each week. Tens of thousands get a free sampler. It might be the first example of an online “fremium” business model. In the early years, he turned down two unsolicited syndication deals to bring the column to newspapers — turning them down because he didn’t want to give up control of his work, he says. Good move: now he’s compiling his archives into Kindle books, where he can get a 70% royalty on sales, rather than the 12.5% that Dutton (part of the Penguin Group) pays him when it turned another of his websites into a book. And it’s working: Cassingham told me that in the first two weeks of Kindle book sales, the five volumes he has posted so far earned more than $1,400 in royalties from Amazon. “I’m boggled,” he told me by e-mail. “Imagine if I actually concentrated on this income pillar. Or had more than five books available. Or I sent one or more titles out for review somewhere, or advertised, or did ANY kind of promotion to anyone other than my existing readers!” Imagine indeed! Then he realized that a throw-away human interest feature he includes in This is True, the “Honorary Unsubscribe” of someone who died in the previous week, could also be good book material. “These are the people you wish you had known,” he says. “Take the inventors I’ve featured. Did you know the same guy invented both the computer hard drive and the video cassette? What a fascinating guy!” He has also featured the inventors of the contact lens, the hovercraft, the Hawaiian shirt, even the guy who thought of putting a peanut inside an M&M. Then, he says, getting excited as he looks through his archive, “there are the medical researchers, responsible for saving thousands, even millions of lives, spectacular entertainers that died virtually forgotten, and…” Just as he says: the kind of people you wish you had known. That book just came out on Amazon’s Kindle this week, and it’s the first of several in that series. Cassingham told me that “I’m glad I have a block of 100 ISBNs” — International Standard Book Numbers, which are used to identify books for retailers, including Amazon — “I’m going to need them.” Cassingham used to have the material now coming out in his books available free in various web archives. He counted on Google’s Adsense program to bring in ad money, but it hasn’t worked as well as he had hoped, even though it’s all original work. “TRUE’s archive,” he admitted, “which had more than five volumes of material, only brought in $559 for the entirety of 2011.” Compared to more than $1400 in the first two weeks on Amazon, it’s no wonder Cassingham is starting to take the archives down. If someone follows a link to an archive page that has been removed, they now see information on what book it’s in — with a link to its Amazon sales page. ( Example ) Self-publisher J.A. Konrath laments on his blog that he wishes he had the rights to his first novels, now that he has sold more than 700,000 copies of his later efforts, self-published on Kindle. Cassingham doesn’t have that problem (not counting his one book with Penguin). His only problem now is getting his existing work converted to Kindle as fast as he can. As more established, quality authors who kept the rights to their work figure out that it’s to their advantage to publish themselves on Kindle rather than beg for contracts from “big” publishers, there will be an explosion of great work available in e-book form. It’s truly the start of a new model of mainstream book publishing. Amazon CEO Jeff Bezos said so pretty much himself in a letter to shareholders last week. Speaking about his Kindle Direct Publishing platform, he said, “The most radical and transformative of inventions are often those that empower others to unleash their creativity – to pursue their dreams. These innovative, large-scale platforms are not zero-sum — they create win-win situations and create significant value for developers, entrepreneurs, customers, authors, and readers.” What do you have to say about it? Please leave a comment.

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Martha Burk: Equal Pay — Will We Ever Get There? An Interview With Lilly Ledbetter

April 15, 2012

April is the month every year when the paychecks of women working full-time, year-round catch up with what men earned by the previous December 31. This year it’s April 17. There are a number of causes for the pay gap, including job segregation (so-called “men’s jobs” pay more than “women’s jobs”) and the fact that working moms are often seen as less serious or less reliable, despite solid evidence to the contrary. But plain old sex discrimination plays a big part. Lilly Ledbetter found out the hard way after 19 years at Goodyear, when she learned she had been underpaid all along compared to men doing the same job. She sued — and won in lower courts. But the Supreme Court overturned 40 years of precedent when it ruled against her in the now-infamous Ledbetter v. Goodyear case, saying she should have complained earlier — even though she didn’t know about the discrimination. The Lilly Ledbetter Fair Pay Act restoring the previous standard (a victim has 180 days to complain beginning when she learns about the discrimination) was the first law President Obama signed. Ledbetter’s new book Grace and Grit chronicles her struggle and the aftermath. I interviewed her this month for my radio show Equal Time With Martha Burk . MB: When did you go to work for Goodyear? LL: I was hired in 1979. There were 5 of us in the group, 2 female. MB : How did you find out after 19 years that you were making less than the men doing the same job and in some cases with less seniority? LL: An anonymous note — a little piece of paper with my salary and 3 male co-workers. I knew it was correct, because my numbers were there to the penny. The first thing that hit me was devastation, humiliation. Then I thought about how many hours of overtime I had worked and not been compensated for what I was legally entitled to, and how hard it had been on my family struggling to pay the mortgage, education, doctor bills. We had done without quite a bit. And this was not right. I didn’t know how I could through my 12 hour shift. MB : Did you leave the plant and go home? LL: No, I finally got my composure. Halfway through my night shift it hit me. My retirement, my 401(k), and someday my Social Security all were dependent on what I was making — and that’s another tremendous loss. MB : Did you go to the company and complain? LL: I had already been to the company recently, because there were rumors, and I wanted to know where I stood. They told me “you’re just listening to too much B.S.. Your salary is fine.” Later my lawyer found out that for many years I had been paid below the minimum for the job I was doing. MB : It had to be a hard decision to file a suit, and risk retaliation or even getting fired. LL: Yes, I thought about it. But I decided I could not let a major corporation do me this way, and not stand up for myself. I went straight to the Equal Employment Opportunity Commission closest to my home. MB: You’ve said that one of the most important pieces of advice you can give to women in this situation is “don’t hold back, tell the investigators as much detail as you can, and document as much as you can.” LL: That’s absolutely correct. It’s very hard — you feel like you’re being a complainer and a whiner, and that’s actually the reputation you get when you do file a charge. But you should open up and tell everything. I was shunned by co-workers. MB: You were transferred to another job where you had to lift heavy tires all day. You were over 60 years old. Wasn’t that retaliation for filing the charge, which is against the law? LL: Yes, but I lost that part and also an age discrimination complaint. MB: The State of New Mexico has a rule that any company applying for a state contract has to file a gender pay equity report showing pay statistics for men and women in each job category. Would that have helped you? LL: Absolutely. I thought because Goodyear was a federal contractor they would be following the law. But that turned out not to be the case, and I couldn’t find out. MB: What would your advice be to women who might be considering filing a complaint? LL: Do your research on salaries in your area. Do not take anything for granted, and document everything. Discrimination is alive and well today. You cannot afford to work any length of time accepting less money, because you can never catch up. Listen to the full Lilly Ledbetter interview here:

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Mohamed A. El-Erian: What the Return of Market Volatility Tells Us

April 15, 2012

Four of last week’s five daily trading sessions saw the Dow move by more than a hundred points. The wide fluctuations of the index reminded investors of the unsettling market volatility of last year. In the process, and after a wonderfully strong first quarter, questions multiplied as to whether stocks would again be subject to a mid-year correction. By looking at the factors behind the recent volatility, including how it played out in different segments of the global markets, you will see that a big part of the answer depends on policymaking here and in Europe — a particularly uncomfortable situation for those who rightly believe that valuations and correlations should reflect underlying fundamentals. The renewed volatility in stocks was due to conflicting signs of additional central bank liquidity support, both in Europe and the US. By providing time (and hope) for economic and financial fundamentals to heal properly, such support is seen as critical to sustain the recent rally in risk assets. Yet, in listening to different voices here and across the Atlantic, equity investors come to different conclusions as to whether additional liquidity will indeed be forthcoming. Some officials seem committed to renewed unusual central bank activism. Others feel that this would only postpone the inevitable adjustments required on the part of governments, companies and individuals. And there seems to be no way, as yet, to get both groups on the same wavelength quickly. Market volatility has also been accentuated by competing narratives about the economic outlook. Last week, several companies’ quarterly earnings reports, led by Alcoa, were supportive. The problem is that they conflicted with the more worrisome macro data, including a Chinese growth slowdown (though 8.1 percent would be deemed great anywhere else in the world), the undershooting of a much-followed US sentiment indicator, and mounting signs of recession in Europe . These two narratives are, once more, finely balanced; and the tug of war will continue until one side asserts itself — either through a policy breakthrough or through a policy breakdown. No wonder so many analysts are warning that stock market volatility may be with us for a while. In understanding the implications, it is good to reflect on what other market segments are telling us — particularly global bonds where last week’s differentiation was both noteworthy and insightful. Compared to stocks, US Treasury bonds experienced less volatility (both in absolute and relative terms). This was partly due to a measurement issue: As only the bond market was open when the disappointing March employment number was released, yields reacted on that Friday while stocks had to wait for the following Monday. But even when adjusting for this by extending the comparison to two weeks, the contrast is still there. Investors in the Treasury segment appears less conflicted. This market segment signals a muted growth outlook, and one that may even trigger additional Federal Reserve intervention in the form of a new QE. Signals of a challenging outlook are much, much louder in European bond markets — and rightly so. Last week, yields on peripheral government securities went from flashing orange to again flashing red, with Spanish risk spreads near or at record levels (as measured by credit default swaps). All this speaks to the unsettling situation of markets that remain highly dependent on policymakers who, themselves, are stuck in the muddled middle: unable to deliver sustainable outcomes or to exit from their market interventions. This is the unfortunate reality of an “unusually uncertain” outlook, blunt policy tools, and a rather dysfunctional political context. Mohamed El-Erian is the co-CEO of Pimco, which oversees nearly $1.8 trillion in assets and runs the Pimco Total Return Fund, the largest bond fund in the world. Cross-posted from CNBC.com

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Dave Johnson: The National Manufacturing Strategy Debate

April 14, 2012

President Obama has been pushing policies to boost American manufacturing. Democrats in Congress are pushing a package of bills under the label “Make It In America.” The Obama administration’s Gene Sperling gave a big speech recently describing the vital importance of a healthy manufacturing sector to our economy. But others say promoting manufacturing is “the wrong target” and reviving manufacturing won’t help revive our economy. So what’s the story? Gene Sperling, Director of the Obama administration’s National Economic Council gave a big speech at the recent Conference on the Renaissance of American Manufacturing . Sperling talked about how a manufacturing “commons” works, and why it is a good thing if government promotes this commons. A manufacturing commons is an ecosystem, in which manufacturers, suppliers, designers, innovators and all the other manufacturers, suppliers, designers and innovators all complement each other, creating a “cluster” effect. When all of these components are working together it creates a “virtuous cycle” but when they don’t it creates a “vicious cycle.” So because the sum of these parts is greater than the whole, each component’s interests do not align with the interests of the whole — and “our” (We, the People’s) manufacturing capacity is degraded, which degrades our standard of living. So government (We, the People) must play a role in promoting the whole effort. From Sperling’s speech: The ecosystems that grow up around these intersections of innovation and production tend to be complex. They are the result of evolutions that occur over periods of years and decades. Once the virtuous, reinforcing cycles are broken they are difficult to recreate, and they can turn to a vicious cycle. That’s why losing pieces of our manufacturing base should be such a serious concern. … For any single firm, the decision to move production elsewhere may make economic sense. But that decision impacts suppliers and the local talent pool. This makes the decision even easier for the next firm to leave and even harder for the next firm considering coming there to say yes. Job Loss Not Just Competition And Productivity Sperling traces the history of our manufacturing and shows that we didn’t lose jobs when competing with Japan, and didn’t lose jobs during periods of high productivity growth. He shows that what happened between 2000 and 2009 (the Bush years, and China in the WTO) with the loss of 50,000 factories and millions of manufacturing jobs was different , saying “the dramatic loss of manufacturing employment in the past decade was a break from the past and cannot be explained by the conventional view of productivity and technology gains.” Since 2000, the manufacturing sector lost nearly one-third of its workforce, a total of nearly six million jobs. Unlike the preceding decades, according to the Federal Reserve, manufacturing production, the measure of the physical amount of goods that we make, actually declined from 2000 to 2010 by 5 percent. This drop was not just a result of the recession. From 2000 to 2007, manufacturing production grew at only 1.3 percent per year, the worst peak-to-peak performance since World War II. Sperling explains why this loss is so significant to our economy: Manufacturing is special in that so many other jobs depend on manufacturing, extending “from the web of suppliers that support manufacturers to the communities where manufacturing plants often serve as an anchor employer.” For those of you here from towns across the U.S. that rely on a major manufacturer, or states like Michigan where I come from, you understand the impact of manufacturing. In addition to the web of suppliers, the expansion of an auto plant brings other types of businesses to town including new restaurants, retailers, and service providers feeding off of this economic activity. If an auto plant opens up, a Wal-Mart can be expected to follow. But the converse does not necessarily hold — that a Wal-Mart opening definitely does not bring an auto plant with it. So it is clear that this is not just about the back-and-forth of companies competing, we have a national interest in bolstering the manufacturing sector. Finally, Sperling described some of the administrations manufacturing initiatives. He did not come out and advocate for a coordinated national industrial strategy — which every major competitor has and we don’t have. But his speech did advocate “policy to support manufacturing.” This is at least a start. Criticisms And Agreements Matthew Yglesias at Slate, in “Forget the Factories” writes that it is “foolish” and worries about the, “troubling possibility that these ideas will actually guide policy in a second term rather than simply serve as props in a re-election campaign.” Yglesias writes that. It should be obvious that the path forward for America is to focus on our strengths in information technology and media, and not compete with the Chinese for manufacturing supremacy. Yglesias writes that manufacturing areas are “poor” while high-tech areas are “richer” and “more prosperous” and we should “earn from the most prosperous parts of the country, not to imitate Chinese clusters that are even poorer than America’s industrial hubs.” Also, “creating new billion-dollar software startups has a lot more to do with the future of American prosperity.” Yglasias concludes that we should “instead build and expand new industries that push living standards up and keep factory owners searching abroad for cheap labor.” Ezra Klein wrote a piece for the the Washington Post titled “Is industrial policy back?” in which he argued that “cozy consensus against industrial policy is, at least when it comes to manufacturing, flawed.” Describing what Sperling’s argument, Klein wrote: There is, in other words, a building argument that the market is failing to appropriately price the benefits of manufacturing firms. They’re worth more to the economy than they are to individual firms. And that’s the key to this new argument: Sperling isn’t saying America should support the manufacturing sector because it delivers good jobs, or it’s been important to America’s middle class, or even because China is competing unfairly. He’s saying there’s a market failure. And even the most orthodox economists will tell you that it’s appropriate for the government to intervene to correct market failures. Even so, he says the Obama administration isn’t really doing all that much, For all this, the Obama administration’s strategy to promote high-tech manufacturing is modest: A couple of tax cuts, mostly. Some money for research into basic technologies and new techniques. And a sustained effort to talk up the industry’s importance and thus signal to investors that America intends to fight for its manufacturing base. None of these are game changers. At least the consensus against doing anything is changing. Economist Mark Thoma writes in Is Manufacturing the Answer? , “At one time I would have been opposed to industrial policy, but I have been reevaluating my position lately (I can’t say I’ve been convinced as of yet, but I want to stay open-minded on the question).” He links to EPI’s Lawrence Mischel, who writes in Robert Lawrence misleads the New York Times on manufacturing , saying that, … closing the trade deficit would provide millions of jobs and boost the economy. For instance, my colleague Robert Scott has shown that growing trade deficits with China eliminated 2.8 million U.S. jobs between 2001 and 2010 alone, including 1.9 million jobs displaced from manufacturing. Similarly, correcting the currency imbalances with China, Hong Kong, Taiwan, Singapore and Malaysia could add up to $285.7 billion (1.9 percent) to the U.S. GDP, create up to 2.25 million jobs over the next 18 to 24 months (most in manufacturing) and reduce U.S. budget deficits by up to $71.4 billion per year. … manufacturing employment will not return to 25 percent of employment. Nevertheless, we can gain a lot of manufacturing jobs by strengthening the recovery and through appropriate trade and currency policy. This would provide millions of good jobs, aid many communities, and be good for the nation. Edward Luce of the Financial Times writes in “America reassembles industrial policy” that we do have an industrial policy, that favors oil and Wall Street, Whether it is the schooner-rigging of tax incentives for Wall Street — and the federal tax system’s subsidies for debt over equity — or the panoply of write-offs for Big Oil, Washington never stopped promoting favored sectors. Manufacturing was simply not among them. Most are of long pedigree. Some might say it would be easier to pass through the eye of a needle than to separate the fossil fuel sector from its Washington subsidies, which date from the second world war. No presidential hopeful would dare to suggest scrapping Depression-era farm subsidies because they skew so heavily towards key states such as Iowa. Luce points out that Facebook and Twitter might be glamorous, but making actual things is where innovation comes from, Facebook and Twitter may bring disruptive social change. But the most valuable innovation still comes from making products such as semi-conductors, batteries and robotics. Just Look Around I think a problem with economists (and a lot of big-city columnists and journalists) is that they somehow are unable to just look around them. All one has to do is drive around the midwest for a few days, Michigan, Ohio, etc. and you will see for yourself how important — and different — manufacturing is to the country, and what happens when factories close. It affects the entire community and those jobs are not replaced — and the ripple effect from the loss of a community’s jobs base is terrible. All the other jobs that manufacturing supports go away, too, when manufacturing goes away. I live in Silicon Valley. Facebook, Google and Twitter employ relatively few people relative to manufacturing. Apple sends its manufacturing to China , because in China working people don’t have any say , so they can treat workers there worse than workers here in our democratic society will allow. In fact, Silicon Valley has high unemployment , in some areas here as much as 25 percent or more of the office and light industrial buildings are for lease, and our downtowns and commercial streets have plenty of empty stores. They’re just newer , so they don’t look as bad as the downtowns across the midwest. But it is as bad. In February, economist Christina Romer wrote in a New York Times op-ed, “Do Manufacturers Need Special Treatment?” that argued that our government should not promote manufacturing. In it she wrote: American consumers value health care and haircuts as much as washing machines and hair dryers. And our earnings from exporting architectural plans for a building in Shanghai are as real as those from exporting cars to Canada. I responded, in Manufacturing On Planet Economus , and think my sentiments very much still apply in response to this ongoing discussion: Here is the difference: We can’t just keep servicing each other. This “service economy” thing hasn’t worked out so well here on Earth, and now we have a huge trade deficit. It is “better to produce real things” because that is what you sell to others to get the money to pay each other for haircuts (and scissors). Manufacturing brings so much along with it that entire economies have been, are and will be supported. China isn’t making its living by cutting each others’ hair. Neither is Germany, or other countries that have realized the importance of manufacturing and manufacturing policy to an economy. Manufacturing brings with it all the businesses in a supply chain, it brings the research and innovation that manufacturing requires, and it brings a lasting real infrastructure that requires enormous investment to duplicate elsewhere before competition is enabled. Today we have a tremendous current account imbalance that resulted from the terrible trade deficits suffered since we were invaded by this crowd from planet Economus, who told us we don’t need manufacturing — that we should transform ourselves into a “service economy.” And it will require enormous investment to restore the ecosystem that we allowed to escape to other countries in that period. Once you’ve got it, it’s hard to lose it, and once you lose it, it’s hard to get it back. Not so much with services. 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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Mark Engler: ALEC Annoyed at Losing Sponsors? It Breaks My Heart

April 13, 2012

It is a myth that Gandhi said, “First they ignore you, then they laugh at you, then they fight you, then you win.” But that old saying nevertheless carries a lot of truth when it comes to social movements. And it is always a pleasure to see a worthy target of activism move from disregard or mockery to going on the attack. Therefore, I was happy to see the right-wing American Legislative Exchange Council (ALEC) release a half-defiant, half-pathetic statement bemoaning the “coordinated and well-funded intimidation campaign against corporate members of the organization.” Its statement reads : ALEC is an organization that supports pro-growth, pro-jobs policies and the vigorous exchange of ideas between the public and private sector to develop state based solutions. Today, we find ourselves the focus of a well-funded, expertly coordinated intimidation campaign. Our members join ALEC because we connect state legislators with other state legislators and with job-creators in their states. They join because we support pro-business policies that promote innovation and spur local and national competitiveness. They’re ALEC members because they’re more interested in solutions than rhetoric…. At a time when job creation, real solutions and improved dialogue among political leaders is needed most, ALEC’s mission has never been more important. This is why we are redoubling our commitment to these essential priorities. We are not and will not be defined by ideological special interests who would like to eliminate discourse that leads to economic vitality, jobs and fiscal stability for the states. After about the third reference to “job creators,” it’s hard to miss that this is an operation nestled snugly within the depths of the far-right echo chamber, never passing over a chance to frame tax cuts for the top 1 percent as a moderate, bipartisan path to common bliss. In fact, far from sticking to promoting “improved dialogue,” ALEC has (with troubling effectiveness) advanced a slew of reactionary measures in statehouses throughout the country. Stand Your Ground? Check . Prison privatization? Check . Right to Work? Check . Discriminatory Voter ID laws? Check . The list goes on and on . These legislative outrages have inspired a coalition of progressive groups to fight back. They are going after the companies that are paying $25,000 annual dues to this far-right outfit — exposing these brand-sensitive patrons for aligning themselves with the conservative fringe. The tactic is proving very effective. On Wednesday, fast-food giant Wendy’s joined McDonald’s in ending its ALEC membership. Previously Pepsi, Coke, Kraft, Intuit, and the Bill & Melinda Gates Foundation all announced that they were jumping ship. This exodus is what prompted ALEC’s response. That organization complaining about a “well-funded, expertly coordinated” political operation surely merits placement in the pot-calling-the-kettle-black hall of fame. But these words serve as high praise for the organizations that have endeavored to expose the group’s corporate funders. Prominent among them is ColorOfChange.org , which has quickly established itself as a leader in the field of corporate campaigning. I previously lauded ColorOfChange.org for its successful effort to strip Glenn Beck of advertisers after the demagogue (then at Fox News) said that President Obama harbored a “deep-seated hatred for white people or the white culture,” among other batshit-crazy statements . Few in the mainstream media wanted to give the boycott credit for ousting Beck, preferring to believe that the cable news personality had simply outstayed his welcome on the network. Beck himself was not about to acknowledge activists’ impact, just as Kraft now says that it is leaving ALEC for a “number of reasons” — none, of course, related to the tens of thousands of signatures pouring in from ColorOfChange.org and allies such as the Progressive Change Campaign Committee . This is exactly what you would expect. Wendy’s, for its part, says that it didn’t renew its ALEC membership not because of pressure but because it “didn’t fit our business needs.” That, in the end, is a pretty good definition of the purpose of corporate campaigns — making businesses decide that it doesn’t “fit their needs” to attack workers, reinforce institutional racism, wreck the environment, or undermine the social safety net. In any case, it certainly doesn’t fit the needs of the rest of us. Cross-posted from the “Arguing the World” blog at Dissent magazine.

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Mark Axelrod: A Roadmap for America’s Future: Highway 21 Not To Be Confused With Highway 61 Revisited

April 13, 2012

Sometimes it’s not a good idea to use certain symbols to represent things, especially when the subtext involved, well, makes you look stupid. Take Paul Ryan’s Roadmap for America’s Future. On the website there’s a picture of a cherubic Paul Ryan wearing a greenish sport coat (too long at the sleeves), a blue button down shirt and what appears to be a burgundy and white diagonally stripped tie. To borrow a line that Kevin Garnett once said to Craig Sager, “Go home and burn that outfit.” Perhaps, the fact it shows really bad taste in clothes, is Ryan’s point. That is, nothing seems very coordinated and by virtue of that “bad taste” it’s supposed to indicate that clothing is not what’s important to Paul. That may be, but if clothes make the man then you can finish the cliché. But what’s more egregious than Ryan’s outfit is what’s opposite Ryan; namely, a supposed information sign one might see on the highway with the words A ROADMAP FOR AMERICA’S FUTURE (with the word “ROADMAP” in decidedly larger font than the rest) next to an Interstate “21″ sign. Now one shouldn’t confuse Interstate 21 with U.S. Route 21 which is a north-south United States highway running from Hunting Island State Park, South Carolina to Wytheville, Virginia. Interstate 21 doesn’t exist, but that’s not what the sign is supposed to mean. The Interstate 21 sign is (Ready?) supposed to represent the 21st Century! (Wink, wink, nod, nod.) How clever these political people are. How subtle. But why, might you ask, is it so egregious to use highway signs to indicate America’s future? Well, because the interstate highway system in this country is falling apart — so if the metaphor is meant to mean that following Ryan’s budget will take America to its future, then, well, the future doesn’t look very healthy. The Interstate Highway System was authorized by the Federal Aid Highway Act of 1956 which, ironically, was better known as the National Interstate and Defense Highways Act of 1956 since it was originally thought of as a key component for defense. Eisenhower was impressed with the German autobahn as a major part of a national defense system that would be vital in deploying military supplies and troops in case of foreign invasion. So, it’s all the more ironic that Ryan would use these transportational signs as a way to convey to the American public that the road to a better future is to follow his roads. To refresh Mr. Ryan’s mind (if not his metaphor) , in a 2007 article written by John W. Schoen: 33 percent of the nation’s major roads are in “poor or mediocre condition.” 36 percent of major urban highways are congested. 26 percent of bridges are “structurally deficient or functionally obsolete.” That was in 2007. According to the 2009 Report Card for America’s Infrastructure : Americans spend 4.2 billion hours a year stuck in traffic at a cost of $78.2 billion a year — $710 per motorist. Roadway conditions are a significant factor in about one-third of traffic fatalities. Poor road conditions cost U.S. motorists $67 billion a year in repairs and operating costs — $333 per motorist; 33% of America’s major roads are in poor or mediocre condition and 36% of the nation’s major urban highways are congested. Current spending level of $70.3 billion for highway capital improvements is well below the estimated $186 billion needed annually to substantially improve the nation’s highways. Final grade for America’s Roads: D-. That’s just slightly higher than an F+ and if your son or daughter came home with that final grade, then I’m not sure you’d be pleased about it. So, where does Congress stand on trying to raise the highway grade from a D- to something one might consider a passing grade? As Bloomberg reported on March 29, 2012 : Road projects in every U.S. state would have been affected if Congress failed to act by March 31. The U.S. would have been forced to stop collecting all but 4.3 cents of the 18.4 cents-per-gallon federal tax on gasoline, putting further strain on the Highway Trust Fund, which pays for highway and transit projects. Most Democrats said a vote on a two-year, $109 billion highway plan, passed by the Senate March 14 and blocked in the House, would give states and localities more certainty. “This extension kicks the can down the road,” said Representative Nick Rahall of West Virginia, the top Democrat on the House transportation committee. “It fails to rebuild America just as the construction season begins.” Blocked by the House? You mean to say the Republicans in Congress tried to block the same plan to help rebuild the US highway system that Paul Ryan is advocating to be the “road to the future?” The word “hypocrite” is a great word. It comes from the Greek hypokritēs which means, “actor” and, by extension, “mask” since that’s what an actor wears. In this case, the word fits Ryan perfectly since regardless of the clothes he wears, the mask remains the same.

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Alan Jenkins: Racial Discrimination by Banks Only Worsens the Foreclosure Crisis

April 13, 2012

Is there a house in your neighborhood that everybody hates to walk past? You know, the one with broken and boarded up windows, trash left to gather on the lawn, and grass so overgrown it’s becoming a habitat for rodents? If you have a house like that in your community, you know it’s more than just an eyesore. Neglected, vacant houses depress property values throughout the community, and can threaten health and safety. They erode the sense of community and stability that creates vibrant localities, and they hamper economic resiliency. With a national foreclosure crisis still in full swing, such houses are all too common. You might be surprised to learn, though, that if you have problem properties like that in your neighborhood, there’s a good chance your absentee neighbor is a bank. More shocking still, banks are neglecting houses they own in minority communities even more frequently — much more frequently — than those they hold in white communities. A detailed, undercover investigation unveiled last week by the National Fair Housing Alliance and several regional partners shows not only that banks too frequently fail to maintain foreclosed properties that they own, but that they tend to neglect their properties in communities of color at a much higher rate, with devastating consequences. A large number of the neglected, bank-owned properties have broken or missing doors and windows, inviting vandalism and trespassers. And many have safety hazards that endanger the public. Those and other defects are significantly more prevalent in bank-owned properties located in communities of color. Another finding is that, on average, the banks are not marketing houses located in communities of color as aggressively to individual homebuyers as they do properties in white neighborhoods. The properties in white neighborhoods are, for example, more likely to have clear and professional “for sale” signs. When banks both poorly maintain and poorly market foreclosed houses, the properties tend to stay vacant longer and to eventually be sold to speculators, rather than to people who would make the houses their home. The discriminatory differences are stark. In Dayton, Ohio, for example, 60 percent of bank-owned properties in African American neighborhoods had broken or unsecured doors, compared to only 18 percent in white neighborhoods. In Atlanta, properties in African American neighborhoods were almost five times more likely than homes in white neighborhoods to lack a “for sale” sign. And in Dallas, 73 percent of the bank-owned homes in predominantly non-white neighborhoods had trash on their properties, while only 37 percent in white areas did. Neighbors of all races who live near foreclosed, bank-owned properties, the investigation found, are pulling together to keep them presentable — doing maintenance the banks should be doing, like mowing lawns and removing trash. But in communities of color, neighbors reported seeing home improvement contractors working on those properties at only half the rate seen by neighbors in predominantly white areas. The bank behavior identified by this investigation is unethical, unlawful, and harmful to our economy. It breaches our basic national values of equal opportunity and the common good. It violates the Fair Housing Act of 1968, signed 44 years ago this week in the wake of Dr. Martin Luther King Jr.’s assassination. And it is holding back our economic recovery by, among other things, depressing home prices and hampering sales. It’s hard to know all the reasons why banks are discriminating in this way. Bias and unfounded stereotypes about minority communities and homes, however, are a likely root cause. The investigators controlled for 39 race-neutral factors like building structure, water damage, and curb appeal, so the different treatment is indisputably about race, and not class or other home or neighborhood characteristics. This investigation should be a wake up call for banks, regulators, local governments, and the neighbors of these bank-owned properties. Among the solutions identified by the National Fair Housing Alliance are anti-discrimination investigations by the Consumer Financial Protection Bureau and other enforcement agencies, making information about bank-owned properties more publicly accessible, and prioritizing buyers who will occupy these properties over speculators who may warehouse them. As Americans struggle together toward a lasting economic recovery, good neighbors are more important than ever. It’s time to remind America’s banks that this includes them. Cross-posted from Race-Talk .

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Bianca Bosker: Why A Picture Is Worth $1 Billion: Instagram Has Moments, While Facebook Has Memories

April 13, 2012

Facebook just spent $1 billion to acquire Instagram , the 554 day-old company behind an app that, at least on the surface, offers everything you can already get on Facebook, only with filters that make drab photographs look pretty. You can post photos, “like” the pictures other users have shared, or leave comments on friends’ images — just like you can on Facebook. So why would the Godzilla of social networks bother itself with this gnat of an app? Understanding Facebook’s Instagram affair means starting with the simple fact that the app mastered an activity that makes up the heart and soul of Facebook: sharing photos among friends. There’s a key difference between the two social services, however, and one that has made Instagram’s images worth a thousand words to its users and $1 billion to Facebook . While the images on Facebook are an archive, the images on Instagram are alive. Facebook showcases memories — last week’s wedding, dinner, birthday, vacation — while Instagram frames moments — the tulips you just passed, the sun hitting a building during your morning run, or the bizarre quote you saw on a talk show. Designed from the ground up for our phones, not our laptops, Instagram has, more gracefully than Facebook, leveraged the simple fact that we have a camera in our pockets more often than a pen to create an outlet for images that are intimate and immediate. It taps into our desire to share and be seen, but lets us do so exclusively via images, which require less thought than text to both post and process. There’s no fiddling around with a mini keyboard, no danger of typos, and less risk of offending. The barebones design — five clicks and you’re done — makes it blissfully simple to abide by Instagram’s unspoken manifesto: share now, share often, and share something lovely. And with the knowledge that there’ll be a new delicacy every time we check back, Instagram keeps us coming back regularly for more. Instagram is also a storytelling app, one that speaks to our fast click nation’s growing addiction to visual status updates that are beautiful and of the moment. Facebook understood early on that if you control how people share photos with each other, you control how people share stories with each other — and if you control that, then you control social. By bringing Instagram into the fold, Facebook is better positioned to tap into the photo sharing we do “in the moment” and safeguard its status as the web’s photo album and teller of stories about people. The Financial Times ‘ Duncan Robinson recently marveled that Facebook had spent $1 billion to buy an app “used mainly by hipsters to take photos of their lunch – in sepia.” Robinson’s jab actually helps explain what’s so compelling about the app, and it’s no coincidence that same critique was leveled at Twitter in its early days, when it was dismissed as a forum for chatter about meals and bathroom breaks. Like Twitter, Instagram offers real-time access to the lives of the people who matter to us, and next to their constantly updated feeds, the pace of new posts in Facebook’s News Feed appears positively glacial. Having missed its shot at snapping up Twitter, Facebook may be again trying to nail the insta-update with Instagram . The power of pretty can’t be ignored, either. On the whole, Facebook photos lack the dreaminess of Instagram’s snapshots, as well as the focus on our surroundings, rather than ourselves. Scrolling through my Instagram account reveals images of a lavendar bouquet, a dog lounging at the beach, and a metal subway panel reading “hope.” Instagram belongs to an increasingly popular cohort of sites, including Pinterest, Tumblr and Svpply, that provide a platform for us to share pictures that inspire and amuse — and, quite often, aren’t of us. What I wrote of Pinterest holds true for Instagram: It’s “look at this,” not “look at me.” On Facebook, that’s rarely been the case. Say what you will about filters — they deliver some delicious eye candy. And while perusing photos on Facebook inevitably makes me feel that I was left out of whatever get-together I see, Instagram just feels good. It offers an entry point into a world where everything is lovely and, quite frequently, seen through rose-colored glasses. In an age of information overload, it feels good to get a brain vacation from Facebook and see our friends’ “wish you were here” images. A professor at the University of California Berkeley recently found that even automated text messages reminding his patients to “reflect on positive interactions” could make them feel more cared for, connected and supported . Instagram, which largely showcases “positive interactions,” also stands to soothe the soul. It seems hard to put a price on that.

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Brad Reid: Electronically Transmitted Source Code Not Stolen Goods Under the National Stolen Property Act

April 13, 2012

In an opinion that indicates the need to revise U.S. federal intellectual property theft statutes, the Second Circuit reversed a jury’s theft convictions under the National Stolen Property Act and the Economic Espionage Act ( U.S. v. Aleynikov ). Proprietary computer source code was taken by a computer programmer employed by Goldman Sachs in violation of confidentiality policies. He left his employment and began working at another firm. The source code was electronically transmitted to a server in Germany. The Second Circuit on Feb. 17 issued a short order reversing the convictions, and on April 11, produced a fully reasoned opinion. Criminal statutes are narrowly interpreted. Consequently, while the National Stolen Property Act makes it an offense to transport interstate commerce items that are known to be stolen, the statute does not define the terms “goods, wares, or merchandise.” The Second Circuit concluded that electronically transmitted source code was not included in the ordinary meaning of these words and that prior decisions favored this interpretation. The Second Circuit in 1966 determined that transmitting photocopies of manufacturing procedures did violate the statute. Some tangible property must be taken to constitute the “good” that is stolen. A 1985 U.S. Supreme Court decision supports this reasoning ( Dowling v. United States ) as well as decisions of other federal courts. The Second Circuit further determined that a 1988 statutory amendment adding the words “transmit” only applied to electronic transfers of money. In telling language, the Second Circuit wrote : “We decline to stretch or update statutory words of plain and ordinary meaning in order to better accommodate the digital age.” Regarding the Economic Espionage Act conviction, the Second Circuit determined that its statutory language limited offenses to products “produced for or placed in” interstate commerce. In this case Goldman Sachs did not produce the source code for sale in commerce. Assuming a broader meaning would only create an ambiguity that is resolved in favor of leniency in criminal law. The Second Circuit opinion concluded that while the conduct in question “was in breach of his confidentiality obligations to Goldman, and was dishonest in ways that would subject him to sanctions…” it did not violate criminal law. It is clear that Congress must act to address the electronic transmission of stolen property if the intellectual property theft statutes are to be meaningful in our digital environment.

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David Isenberg: Soldier or Contractor? It Doesn’t Matter; in the End Both Still Get Screwed

April 13, 2012

Despite all the attention paid to the use of private military and security contractors on battlefields it is true, as many in that industry say, that it is not that new; at least not as an organizational phenomenon. In fact, the problem of adjusting American military organization to new social, political, and strategic realities has perplexed military thinkers since the closing days of World War II; proposals for reform have proliferated since the end of the Vietnam War. Substitute outsourcing and privatization for new realities and the challenge seems much more familiar. Put simply, the U.S. once had a vertically integrated process to transport troops, run supply chains, and maintain equipment. Today, the military outsources these functions to private companies. These workers drive trucks, cook meals, maintain equipment, and provide security. Nation-building activities include building roads, schools, and dams in Iraq and Afghanistan. When these jobs are subcontracted, soldiers and civilians work together in coordinated duty and employment. This integrated model constitutes a new war-labor paradigm. Still, every now and then an unappreciated aspect of the readjustment comes to light. That is the subject of this article. In 2010 Michael H. LeRoy, a professor at the University of Illinois College of Law published a paper exploring the question of how losses are compensated when civilians and soldiers are seriously injured or killed in integrated settings. In that paper, The New Wages of War — Devaluing Death and Injury: Conceptualizing Duty and Employment in Combat Zones , subsequently published in the Stanford Law & Policy Review in 2011) he found that co-mingling military service and civilian employment raises new questions about legal remedies for Americans who are killed or injured serving their country. To paraphrase Rudyard Kipling’s famous poem, “Ballad of East and East,” East is no longer East and West is no longer West. Increasingly, soldiers serve under the direction of contractors. Meanwhile, civilian employees work for private sector firms that are directed by the military. Thus, some soldiers engage in non-combat activities such as building water treatment plants, while civilians work in combat support roles such as guarding mess halls and supplying troops. LeRoy points to two incidents that help illustrate the two poles of the paradigm. First, was a Halliburton supply convoy that tried to deliver supplies to U.S. troops in Iraq. Six truck drivers were killed after their group was ambushed in 2004. The day before, a similar convoy was attacked, killing a co-worker. The work so unsafe that managers contemplated an interruption of services, but they decided to go forward, leading to the death of their employees. The workers’ survivors, suing in tort, believed that job ads misrepresented the safety of work in Iraq. A judge rejected Halliburton’s defense that it has immunity from suits as a government contractor. Thus, the survivors’ legal claims are proceeding to trial. In the other case soldiers served on a non-combat mission under a civilian contractor. As they worked at an Iraqi water treatment plant, they developed bloody noses — a sign of poisoning from the sodium dichromate in pipes. Fearing-long term effects from this deadly toxin, the soldiers sued KBR. An Indiana court will decide whether their claims are dismissed under a doctrine that bars tort recovery for injuries that arise during military service. LeRoy asks should the soldiers only receive service member benefits, or should they be allowed to pursue tort and other remedies? Is this just a technical legal issue or does it have greater significance? According to LeRoy: When courts award or deny monetary relief in these war labor cases, they decide whether civilians and soldiers perform “work” or “service.” The distinction has profound consequences for compensating war losses. This study sheds light on growing judicial scrutiny of the integrated use of civilians and troops by asking: How are civilians and soldiers who are co-mingled in this military system paid for death and injury? Do sovereign immunity theories bar recovery? Do courts order arbitration of these claims? If courts try claims, what laws apply: torts or worker’s compensation? LeRoy examined injuries to both soldiers and civilian contractors and what, if anything, the received in way of compensation. He found that: Private military forces do not usually qualify for workers’ compensation because they work beyond state borders. Only a few states apply this law for injuries outside their jurisdiction. The Federal Employees’ Compensation Act is a workers’ compensation law for federal employees, but it does not apply to contractor employees. Thus, most private military force employees fall in a workers’ compensation void. However, the Defense Base Act applies to some of these workers. It pays civilians who are killed or injured on public works projects outside the United States. He also found that that no soldiers received workers’ compensation for their losses. This is not surprising. When soldiers die during active duty, the United States provides survivor benefits. These include monthly payments to spouses, children, and other dependents under the Dependency and Indemnity Compensation and Survivor Benefit program. Alternatively, survivors are eligible for lump sum payments from the death gratuity program. This provides a maximum benefit of $ 100,000. Service Members Group Life Insurance supplements this automatic benefit by allowing soldiers to buy up to $ 400,000 in insurance. But in some cases, servicemen or their estates and survivors, believed that death and injuries were proximately caused by contractors. But these lawsuits were unsuccessful. Courts applied sovereign immunity doctrines to dismiss these claims. This doctrine reflects a long-held view that the United States must give consent before a party may sue it. In specific instances, the federal government has waived its sovereign immunity — for example, where individuals sue on a government contract LeRoy has reviewed the legal cases against various contractors by both soldiers and contractors and has created, as one would expect from an academic, a typology. I won’t try to explain it here but some of his findings are noteworthy. The cases in the typology lead me to suggest four public policy options for compensating civilians and soldiers who are killed or injured while they work together in a war zone. Before I discuss these possibilities, I explain how the current array of contractor defenses present obstacles to these alternatives. The success of contractor immunity defenses appears to have several objectionable short-term effects. They terminate court proceedings that result in intensive fact-finding. A potential byproduct of ending discovery is to shield contractors from answering questions that implicate public interests. Contractors have a special relationship to military commanders. It does not necessarily follow, however, that sexual assaults of civilian workers should be hidden from public scrutiny, or that air-taxi companies with poorly trained pilots should be free from judicial discovery when their possible negligence kills service members, or plausible claims of contractor indifference to the likelihood of civilian-employee slaughter by enemy ambush should not be tried to a United States civilian court. LeRoy offers five options Option One: Preserve the Status Quo Option Two: Create a Federal Workers’ Compensation Policy for Civilians Who Work with Military Forces in War Zones Option Three: Apply Extra-Territorial Provisions in Current State Workers’ Compensation Laws to Civilians Injured in a War Option Four: As a Condition for War Contractors, Private Employers Should be Required to Pay More Generous Death, Disability, and Health Insurance Benefits Option Five: Improve the Compensation System for Soldiers Who Are Killed or Injured While Serving with Private Contractors On the plus side LeRoy found that doing nothing, Option 1, is better than it sounds. He noted: The present method for resolving death and injury claims does not necessarily need to change. Most civilians and service members are able to try cases in civil law courts. This means that judges are open-minded in responding to the new war-labor paradigm. In other words, courts are not dismissing complaints simply because incidents occurred: (a) outside the United States, (b) in active combat zones, and (c) in conjunction with military command. These three points are remarkable given that courts usually dismiss liability suits against contractors by applying immunity doctrines. In sum, courts are grappling with the new war-labor paradigm but have ponderous methods to rule on claims. On the negative side LeRoy looked back at the infamous case of CACI International., Inc. v. St. Paul Fire and Marine Ins. Co ., when the U.S. military contracted with a private company to interrogate detainees in the Abu Ghraib prison. After detainees and their survivors sued the company for abuses committed by CACI employees, the contractor sued to have its insurer defend it in this lawsuit. Interestingly, the detainees sued on an employment tort – negligent hiring and supervision. The insurance firm refused to defend CACI because its contract only covered activities in the United States. Affirming a lower court ruling that relieved the insurer from a duty to defend the contractor, the Fourth Circuit rejected CACI’s arguments that the policy provided coverage for activities that occur a “short time” outside the coverage area. LeRoy found this troubling. His article concluded thusly: Viewed in the context of this study, CACI raises difficult questions: If Iraqi detainees have a possible employment-law cause of action against a military contractor, why are the seriously or fatally injured employees of these contractors forced to endure many years of pre-trial maneuvers to bring their damage claims before a United States court? Why do United States troops face the same types of obstacles for recovery when Iraqi detainees are cleared to sue war contractors in American courts? And, if a war contractor is willing to pay for liability insurance for its aggressive interrogation business in an Iraqi prison, why does the same type of contractor not provide workers’ compensation for cooks, mechanics, guards, engineers, pilots, and truck drivers who work in the same combat area? The United States has set an inexorable course for privatizing and commercializing the waging of its wars. However, when companies contribute to the death or injury of service members or civilian employees, there needs to be a better method to improve the compensation for these losses.

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John Arensmeyer: Don’t Forget About the Small Business Health Care Tax Credit

April 12, 2012

With tax day rapidly approaching, small business owners still have a chance to cash in on a health care reform provision reserved just for them: health care tax credits. The Affordable Care Act was designed to address one of small business owners’ most serious problems — a lack of access to affordable coverage. Since its enactment, employers across the country have been able to claim the credit and reinvest in their business. Nan Warshaw, owner of Bloodshoot Records in Chicago, Illinois, is one of them. Nan was able to save nearly $6,000 with the Affordable Care Act’s small business tax credit in 2010, helping offset her group coverage cost. “We’re still filing our 2011 returns, but we anticipate saving nearly that amount again,” she said. “With us paying the full contributions for our employees’ insurance, it really is a relief to get some help with those costs — and this is certainly the first time we’ve been financially rewarded for looking out for their wellbeing.” Nan is one of hundreds of thousands of employers already seeing her health care costs decrease with the help of the tax credits. According to national opinion polling we released in 2011, one-third of small business owners who currently don’t offer health coverage are more likely to start doing so because of them, and 33 percent of employers already offering it said they’re more likely to continue doing so. Currently, businesses with fewer than 25 full-time employees who pay at least 50 percent of total premiums are eligible for a credit of up to 35 percent of their premium contribution. In 2014, that will jump to 50 percent. For a rough estimate of how much your business could save, check out Small Business Majority’s tax credit calculator . In this tough economy small business owners are struggling to compete, and in some cases, just keep their doors open. Like some of the law’s other key components, the tax credits are intended to boost entrepreneurs’ bottom lines, bettering their chances of offering quality coverage. Some use it to become more competitive by bulking up benefits packages, while others purchase new equipment. Still others put it toward their employees’ share of premiums. For Ron Nelsen, owner of Pioneer Overhead Door in Las Vegas, Nevada, the credit eased worries that group costs might spiral so far out of control that he’d be robbed of his commitment to offering insurance. “When I heard about the new health care law, I was relieved something was finally being done to help entrepreneurs like me,” he said. “In 2010, I got back $2,235 just for offering insurance to deserving employees. And this year, I received even more. Most importantly, I’m not thinking about having to tell the guys they’re on their own when it comes to health insurance.” Nationally, 309,000 small businesses saved money through this provision in 2010. An even larger number should benefit this year. And research shows the uptake could be even greater. Our opinion poll found 57 percent of small business owners do not know about the tax credits. It’s time to change that. To help them, we must get the word out and do everything we can to make sure this important provision is taken advantage of. In this economy, every little bit helps. John Arensmeyer is the founder & CEO of Small Business Majority

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Ben Cohen: Why Wanting to Be Rich Is a Form of Mental Illness

April 12, 2012

In modern society, we are conditioned from an early age to want things we don’t need. An entire industry has been built around manipulating us into buying products we believe will make us more attractive, happier and respected. Children watch other children on TV play with newer and better toys, and they automatically want what they don’t have. When adults see good-looking people driving superbly designed cars, the subconscious message is “Buy this car, and you will become more attractive.” Of course if you can’t afford it, implicitly you are a loser. As we get older, the manipulation becomes more damaging — life choices are made in order to fulfill an implanted image of what we think we should be — we work unfulfilling jobs to pay for the products we think we must own, or worse, go into debt and spend a life time paying it off. The cycle is vicious. As the wealth divide gets wider, those less fortunate want what the rich have. And in today’s society, they can, as long as they go into debt. And that is the point — feel inadequate because you don’t make enough money, buy stuff you don’t need to compete with people you don’t actually know, go into debt then work all the hours God sends to pay it off. This is our definition of a functioning economy, as eloquently articulated by George Bush after the terrorist attacks on 9/11. “Go shopping,” he told Americans in response to the faltering stock market. Consume and all will be well. The desire to become rich is seen by some psychologists as a form of mental illness. Oliver James wrote a brilliant book Affluenza about the corrosive effect of capitalism on people’s mental health. The desire to be obscenely wealthy, he argues, is a sickness caused by advertising and spiraling wealth inequality. And it has spread around the Western world like a virus. And even if you do happen to be wealthy, it turns out that isn’t actually all that great either. The effects of rampant materialism are, according to research, pretty damaging to the human psyche. An international survey of over 90,000 people published in the journal BMC Medicine found a direct correlation between wealth and depression. Wealthier countries recorded higher levels of mental illness, while citizens in poorer countries were happier and better adjusted. Despite being told that being rich should make you happy, it in fact does the opposite. In Britain, mental illness levels have been soaring for years, in direct tandem with economic growth. A 2004 report by the Nuffield Foundation found that “Rises in mental health problems seem to be associated with improvements in economic conditions.” The richer we are it seems, the sadder we become. It is no wonder, then, that so many people resort to anti-depression drugs to get them through their lives. I personally cannot count the number of people I grew up with who had everything handed to them on a plate, yet were incapable of leading normal, happy lives. Some of them turned out OK, but most now work jobs they hate in order to buy things they don’t need to impress people they don’t really even like. Fighting the system is next to impossible. There are too many entrenched interests to make any sort of meaningful difference because our society is geared toward making us feel isolated, fearful and greedy. The solution? In my opinion, don’t fight it, just ignore it. Turn off the television, talk to your neighbors, join a club, play a sport and interact with other human beings as much as possible. It’s a lot more rewarding than buying an ipod. Ben Cohen is the editor of the recently relaunched TheDailyBanter.com .

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Brian Tolle: Sales or Marketing?

April 12, 2012

The longer I’m in the business world, the more comical the term sales and marketing seems to me. These two disciplines couldn’t be more different. And since I’ve had to wear both hats as a business owner, what each role demands of me is mind-boggling. When I’m the marketer, I’ve got to get and keep the brand right and blast it as far and wide as possible. When I’m the salesperson, I’ve got to get in the trenches and go face-to-face with the real buyer in the flesh. It’s the difference between zone defense and man-to-man. So in the real world, it’s sales or marketing. At any one moment you’re either one or the other, not both. The same goes for when you are leading others; you’re either a marketer or a salesperson. Why is this important? The very nature of marketing requires some sort of medium… television, magazines, Internet, mail. This means the marketer is one (significant) step removed from the end user, the buyer. The two can only connect when the medium is present. If the medium isn’t available, the marketer will check their Blackberries. And the chief weapon they wield is scale. Millions of TV watchers can see one commercial, read one ad in a publication. No surprise, then, that their techniques take on a certain carpet bombing feel with the marketer as the pilot, high above the fray of the buying moment of truth. Regrettably, a leader with this mindset has a hard time connecting with the troops and spends more time in front of groups instead of individuals. Think of those leaders in your experience who epitomize the marketing mindset. How many of them can you imagine gaining commitment from a reluctant front-line employee through a face-to-face discussion? Not many. Without the bullhorn, the marketer has no voice. The very nature of sales requires personal contact… face to face, asking questions, listening for pain, being up front about each step in the process and bold enough to hold a prospect or customer to their mutual agreement, however small in the grand scheme of things. Salespeople hear “no” whereas marketers hear silence. Salespeople come to know the hard truth about the product or service but still work to make it work, it’s the only way they make a buck. Great salespeople have guts; they go back into the line of fire every day. Think of those leaders in your experience who epitomize the sales mindset. They’re never far removed from you in the trenches. They find you to make sure you’re ready to take on the fight. They look you in the eye. It’s sale or marketing. Your choice. Which one will you be? If I had my druthers, I’d take the sales guy.

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William S. Becker: Children v. Dirty Business

April 11, 2012

On May 11, a group of children will face off against the Obama administration and the National Association of Manufacturers for the latest round of a David vs. Goliath battle in federal court. The kids filed a lawsuit last year against the administration, arguing that common law requires governments to protect critical natural resources on behalf of current and future generations. In this case, the kids argue, the government has an inherent duty to protect the atmosphere from greenhouse gas emissions, and all of us from the impacts of global climate change. In their lawsuit, a group called Our Children’s Trust filed against a who’s who of administration officials including EPA Administrator Lisa Jackson, Interior Secretary Ken Salazar, Agriculture Secretary Tom Vilsack, Commerce Secretary Gary Locke and Energy Secretary Steven Chu. Earlier this month, U.S. District Judge Robert Wikins ruled that the National Association of Manufacturers (NAM) and several California businesses could intervene against the kids, based on the argument that limiting greenhouse gas emissions would lead to a “diminution or cessation of their businesses” — in other words, jeopardize their profit margins. Now, NAM and the administration have asked the judge to dismiss the case. That’s the motion to be considered in May. Blogger Ben Jervey has done a good job describing the lawsuit’s background , including who the kids are and why they’re doing this, so I won’t go into it here. But I am curious about an argument attributed to one of the attorneys for the businesses, that companies have a “legally protected cognizable interest to freely emit CO2.” Of course, what is legal is not necessarily moral, but morality is the province of the clergy, not the courts. More to the point, it would seem that the public — present and future — has a “cognizable interest” to live without the natural disasters, health hazards, humanitarian tragedies and threats of war that are the likely results of climate change and that already are in evidence today. Further, as unofficial co-plaintiffs in this case, we might all point out that while companies can resolve this problem by installing better emission controls, or using cleaner fuels, or changing the nature of their operations, the damages from greenhouse gas emissions are not so easily avoided. In fact, scientists tell us that some of the damages are irreversible. At the heart of this case, it seems to me, is not whether current law permits corporations to willfully alter the atmosphere with their wastes. If we depend solely on political bodies to protect the climate, for example, then we will politicize the atmosphere as well as polluting it. The health of oceans, forests, fresh water supplies and soils — and consequently human beings — all will be subject to the whims and prejudices of politicians. The real issue is whether the health of the natural systems and resources that all of us “own” is protected by a doctrine that transcends the interests of any one industry, the statutes of any one Congress, the actions of any administration, or the abdication of responsibility by any of them. As a 65-year-old, I must admit some embarrassment that our children now feel obligated to face off against the giants of industry and government and all their lawyers. These kids are stepping in where their elders in Washington and the international community have feared to tread. But it’s also heartening and none too soon. What could be established as a result of this lawsuit is that protecting a global life-support system from irreparable harm is a higher priority than corporate profits — profits derived in part from making the rest of us pay the god-awful price of greenhouse gas emissions. It’s our kids who will have to live with the court’s ultimate decision, but it’s in the interest of all of us for Judge Wilkins to allow the lawsuit to proceed.

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Robert Teitelman: Facebook, Instagram and the Disciplines of Mergers and Acquisitions

April 11, 2012

For years, it’s been a popular pastime to decry the use of mergers and acquisitions (M&A) as a colossal, ego-inflating, comp-expanding, waste-of-shareholder-money exercise. Most of these charges are either wildly exaggerated or absurdly simplistic. M&A is a necessary means for companies to grow, particularly in a world so driven by change. Failures are unavoidable — it’s not easy — although measuring what’s exactly a failure or a success given the complexities of large corporations is pretty difficult. But it’s very true that in overheating markets, when currency in the form of shares is highly inflated, lots of lousy, value-destroying deals can get hatched. This is particularly the case in intensely competitive technology industries, where the value creation of a given deal may lie not in the current organization but in a technique, a process, a piece of intellectual property still undergoing gestation: that is, in an opaque future. Thus the truism beloved of Warren Buffett: In M&A, there’s nothing riskier than tech deals. And then there’s Facebook and Instagram. Facebook is famously paying a cool billion dollars for the two-year-old app-based photo service. Instagram has 13 employees, 30 million users and no revenues. Facebook’s Mark Zuckerberg decided the social media giant absolutely had to have the startup, and took a year’s worth of cash flow and offered it up, about twice Instagram’s recently closed Series B venture round valuing the company at $500 million. There was no indication of other bidders, though everyone seems convinced that a Google or an Apple was lurking out there ready to make its own pre-emptive bid. In the developing meme about the Instagram deal, Zuckerberg didn’t have a choice: He had to strike. It was eat or be eaten. The sheer uncertainty of the social media landscape can’t tolerate hesitation; it demanded action. In California, venture capitalists, investment bankers and analysts can’t praise the deal highly enough (of course, they all profit from the resulting euphoria). Zuckerberg showed brilliance, they said, by recognizing Instagram’s potential and making the bid — despite the fact that this will further complicate Facebook’s enormous and much-hyped IPO in a month or so. That alone should cause one to pause along with the profound faith in a young CEO who hasn’t done much dealmaking. The issue here is not that Zuckerberg made a good decision or not. We’ll find out in time whether Instagram is a PayPal or a Skype (both eBay acquisitions: the former, as The New York Times lays out today , a big success, the latter, a big loser) or a Flickr (a Yahoo! bomb) or a Flip (which Cisco, a regular and expert user of M&A, shut down last year). Instagram most closely resembles some of the giant telecom deals from before the bubble burst in 2001, particularly in the size of the deal and the tiny number of employees. Billions of dollars in those deals were written off when the market collapsed. And let us not wallow in AOL-Time Warner again. No, the issue with these sorts of deals is how any investor can make a rational judgment about a) whether this deal makes strategic sense, or b) whether the price makes any sense at all. The two are related, of course. The view from Silicon Valley seems to be that Facebook had the money so why not spend it. Cutting-edge tech companies need to bet big and make “strategic deals,” that is, deals that can’t be be valued — the feeling is that Zuckerberg is a genius and if he doesn’t know what Facebook needs, then nobody does. Facebook isn’t even public so Zuckerberg can spend his money any way he wants and the reaction of users and the tech community seems to be so positive it can’t go wrong. Well, of course, it can go wrong. Crowds change their minds, and Instagram’s users in the Twittersphere don’t seem to want to be enveloped into Facebook world, though this is about as scientific as a finger in the breeze. Apps (and social media sites) come and go. Instagram has very few employees, all of whom are now loaded with dough. They may stay and develop the product — though no one seems to know how it’ll make money — or they may drift off to start new companies or go into politics or try venture capital. There seems to be few barriers to entry in the app world, and it’s hard to imagine that Instagram, as nifty as it is, is unassailable. Moreover, it’s unclear whether Instagram boasts the kind of network effects that makes PayPal, YouTube, Google, Microsoft, Apple and Facebook so formidable. Remarkably, few seem to be asking. Again, this could turn out to be a fabulous deal. But this is the kind of deal that gives M&A a bad name. The notion that Zuckerberg can spend “his” money any way he wants is not only wrong — it’s not really his — but about to become a real problem when public investors buy shares. (Substitute, say, Bank of America for Facebook and see how that works.) A billion dollars remains a big number, no matter the market cap. Moreover, it’s pretty clear, as the Financial Times ‘ Lex column pointed out Tuesday, that despite Zuckerberg’s statement that this is a one-off deal, what it really suggests — and that the tech crowd confirms in its comments — is that there could well be other Instagrams to be scooped up. Facebook is implicitly admitting that in a burgeoning and remarkably fluid app world, it can’t really go it alone: It needs to buy and buy and buy. Again, that’s not a shock (Google has been a busy buyer) — though Zuckerberg, prepping for public company status, should be more careful with statements about one-offs he may have to take back, and that will hurt him with investors once he goes public. Will this deal hurt Facebook if it never works out? Not really. It’s just a write-off, which Facebook can shrug off. By then there will be new hot apps, racking up millions of grazing users. But what this deal tells us most clearly is just how risky the Facebook enterprise is. For Zuckerberg to make a pre-emptive bid that’s twice the venture valuation from two weeks ago — and one a month before a public offering — suggests two things: either he’s undisciplined with all that money (were there negotiations or due diligence? what’s the breakdown of cash and shares?) or that the powerful network effects that keep users coming back to Facebook may not be as strong as a relatively obscure two-year-old startup’s app. Is this a sign of a bubble? I don’t believe that , unless you define bubble in a very narrow sense. Social media is clearly heating up, but for rational reasons: new devices, new services, new apps, an exploding audience. Instagram might look like an old dot-com — lots of users that may come or go, no viable revenue model — but Facebook does not: Like Google, it has found a way to make a lot of money. But you don’t have to have a full-blown bubble to lose your discipline as a buyer. You just need the sudden appearance of a lot of cash. Which is how M&A gets a bad name. Robert Teitelman is editor in chief of The Deal magazine.

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Sandy Abrams: Mompreneurs: Should You Consider a Franchise?

April 11, 2012

This may be the year of the entrepreneur, but does that include franchising? Brenda Dronkers says: Yes! There are so many reasons that right now is a good time to buy into a franchise. For women in particular, there are so many low cost as well as home-based franchise brands. In the past, it seemed that franchising was geared more for the brick and mortar, high investment, high strung entrepreneurs. However, these days, with options like tutoring services, food trucks, home services and so many other industries adding a low cost franchise opportunity with flexible work schedules, it is primetime for women in franchising. Brenda Dronkers knows about franchising. She’s the founder and former president of Pump It Up, the Inflatable Party Zone. Founded in 2000, she grew it to what is now the largest children’s recreational franchise system in the country. She sold majority ownership in 2007 after sales hit $70 million. Brenda’s kids were 4,9, & 11 years old in 1999 when she attended a church carnival. There were two big inflatables in the church warehouse that were by far the most fun attraction at the carnival. Kids would wait in line to jump up and down for a few minutes then swing around to get right back in line again. Brenda found herself awestruck in two ways. The first was that both her youngest and oldest kids were both completely enthralled with the inflatables. Usually her kids weren’t entertained with the same activity since they were seven years apart. Secondly, she realized that because these were inside, there was no weather issue allowing for year-round fun and parties. Without a college education or biz experience, ten weeks after this aha moment, Brenda opened her first Pump It Up. If you are considering buying a franchise, Brenda recommends that you ask yourself these questions: Can I follow training and directions easily? Can I follow someone else’s system requirements? Am I a multi-tasker? Can I fund the franchise until it is up and running successfully? Last but certainly not least… Do I have my family’s support? If you answered yes to all of those questions, then franchising may be for you. If in fact it is, Brenda suggests these questions be asked of a potential franchise: How long has the franchisor been in business? What kind of ongoing support will the franchise offer? Does the franchise have a solid growth plan? How do the rest of the franchisees like working with the brand? How much freedom does the franchise give you? Brenda describes how she managed to balance mom & biz when she first launched: When I began PIU, my children were 4, 10 and 12. When hubby was at the firehouse, I took them with me to the PIU when I had parties booked. I had an office, and I taught them all to make goodie bags (free child labor, except for all the ‘goodies’ they grabbed). I brought a TV, books, toys and made a play area/homework room for them. This lasted for about six months, and then I was able to hire a manager to work the parties. I did the rest of the business from home. Many moms, if given the chance, would choose to work from home once they have their baby like I did. As moms, we have this amazing way of being able to balance our home and business life. It will take some practice, but it can be done. For many moms franchising can be an effective, flexible, rewarding and supportive business option. There are lots of franchise systems set up by franchisors that are focused on targeting women who want to work from home. Out of the approximate 3,500 franchise opportunities, Brenda says that about 1,000 are home-based options. She recommends the following franchises for mompreneurs who prefer to be home based: Games On the Go: This is a mobile RV that travels to birthday parties and events. The RV is full of retro games, such as Pac Man, Donkey Kong and more It has a very low start-up cost and is designed to be run from a home office. Stroller Moms: This is a franchise that trains you to host stroller fitness classes in your neighborhood. This is not only a great source of revenue, but the mompreneur actually makes friends and can take her baby to work! Bark Busters: This franchise will teach its franchisee to train dogs. So, if you love dogs, what a great way to get out of the house, and run your own business as well. Home Helpers: If you love senior citizens, you may love Home Helpers. The franchisee of this franchise work’s from home, making appointments to visit and assist senior citizens…o n your own schedule! Brenda talks about the benefits of going with a franchise as opposed to starting your own similar type of biz: When you invest in a franchise, you are investing in a proven business model. I was very blessed that PIU was a hit. According to About.com, studies show that franchises have a success rate of approximately 90 percent as compared to only about 15 percent for businesses that are started from the ground up. The increased probability of success usually far outweighs any initial franchise fee and nominal royalties that are paid monthly. Also, many franchises participate in women’s funding opportunities, or have pre-registered with the SBA to avoid lending issues. Franchising is amazing. But not all franchises are created equal. If you decide to explore franchises, be sure to use your talents as a woman…practice discernment and use your intuition as you speak to these franchise brands. Any doubt, find another brand. There’s such a variety of options available and if you spend enough time researching, Brenda is confident that you will find the right business match. You too can then jump for joy!

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Vitaliy N. Katsenelson: Not Buying Best Buy

April 11, 2012

Best Buy’s CEO Brian Dunn did a courageous and proper thing for shareholders by resigning. He was not the right person to lead Best Buy into battle against online-only competitors that use Best Buy’s spacious and beautiful stores as the showroom for their products. To make things even worse, smartphones make comparison shopping so much easier nowadays, and structurally, Best Buy cannot have lower prices than its online competitors. Its stores also lack the breadth of selection of Amazon and they are at a permanent, competitive cost disadvantage. The new strategy Dunn announced a few weeks ago of closing big stores and opening a lot of smaller stores for mobile sales makes little sense. It is basically morphing Best Buy into a Radio Shack. It would be great if this strategy had worked for Radio Shack, but it didn’t. Radio Shack’s margins are collapsing, and that is why its stock is scratching as-far-as-my-chart-goes-back lows. I don’t know what the solution is for Best Buy. It must involve a much tighter collaboration of physical stores and its Internet presence — the stores need to be turned from a liability into an asset. Or maybe a logistical miracle that would allow Best Buy to deliver a much, much greater range of products (like, hundreds of thousands) to its customers on the day they order them. One thing is for certain: The new strategy will require thinking that cannot be delivered by somebody who spent 28 years in the Best Buy box. It requires a Netflix or Amazon-like strategy, where management was willing to bring forward (and flawlessly execute) a disruptive strategy that undermines its current cash cowing business. Amazon did this by bringing electronic readers to the masses, which undermined its core book business. Netflix did it with streaming. I am sure I’ll get plenty of dissenting emails about Netflix: “We don’t know if its model will be successful down the road,” etc. I’ll admit, I don’t know what Netflix’s streaming business is worth. But one thing is for certain, if it did not bring out streaming, it would have been dead in three to five years. Now it has a fighting chance to survive and maybe even create value for shareholders. I am a value investor, and so when I see a stock dangling at six times earnings I’d be lying if I told you that I did not have an inkling to seriously consider it for our portfolios. But Best Buy is not a retailer that missed a fad (stacked the shelves with wrong-color shirts, etc.) — those sorts of situations often present great buying opportunities, as the problems are easily fixed. Best Buy is a retailer that so far has missed a structural change that may make its business obsolete. It is only cheap if the “E” projected for next year will be there. So far the market is betting that it won’t, and I have no insight that encourages me to disagree with the market. Reminder: The VALUEx Vail conference is June 20-22 in Vail. This is not your typical conference — think of it as the TED of value investing. Though this is a not-for-profit event, I hope what you’ll learn from attending will generate profits for you. You can find out more about VALUEx Vail here . Vitaliy N. Katsenelson, CFA, is Chief Investment Officer at Investment Management Associates in Denver, Colo. He is the author of The Little Book of Sideways Markets (Wiley, December 2010). To receive Vitaliy’s future articles by email, click here or read his articles here . Investment Management Associates Inc. is a value investing firm based in Denver, Colorado. Its main focus is on growing and preserving wealth for private investors and institutions while adhering to a disciplined value investment process, as detailed in Vitaliy Katsenelson’s Active Value Investing (Wiley, 2007) book.

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Richard Komaiko: The Ultimate Irony of Groupon

April 11, 2012

Just yesterday, a Pennsylvania class action lawyer, Howard G. Smith, filed a class action lawsuit against Groupon on behalf of all shareholders who bought in during the infamous IPO. The complaint alleges that Groupon misrepresented or failed to disclose information that they had an obligation, under Securities Laws, to share with prospective investors. According to MarketWatch , “no class has been certified” at this time. Here’s what that means in plain language. When large numbers of people have been harmed in the same way by the same defendant, each of them could file a lawsuit on their own, which is very expensive. Alternatively, they can merge all of their lawsuits into one, which totally changes the economics of litigation. All of a sudden it becomes very cost effective to sue, because the overhead of the legal fees is defrayed over large numbers of plaintiffs. Needless to say, it’s in the interest of the plaintiffs to do this, but courts are cautious about when they should and should not permit it. When the court decides to permit it, that’s called certifying the class. The principal factor that courts look to when deciding whether or not to certify a class is the number of people who come forward to announce that they believe they have been wronged. And often times, these types of law suits can sink or swim depending on whether or not the class gets certified. In other words, the fate of Groupon literally depends on whether this class action lawsuit “tips.” The irony is just too delicious… This post originally appeared on AttorneyFee

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Robert Shiller: 10 Ways Finance Can Be a Force for Good

April 11, 2012

The finance profession gets maligned after every financial crisis. The anger is especially strong now, after the most recent financial crisis, which began in 2007, and the anger that is felt about it goes far beyond the Occupy Wall Street movement. The crisis is often viewed as more than an unfortunate accident, but as a revelation of an underlying moral fault. Of course, some people in finance are evil, but that is true in every walk of life. Maybe the wrongdoings of financiers loom especially large in our imagination, since some in finance make so much money doing it. We naturally want a more equal society where most people feel fulfilled and sense a basic respect from others. But, we have to think about how achieve that kind of equality without disrupting our goals or disturbing our standard of living. Moving forward from here, we need to think about how we can make finance work toward a society that is both comfortable for all of us and stimulating and forward-moving as well. In my view, doing that means tinkering with some of the financial institutional structures so that they work better for everyone, and expanding the scope of finance to cover more of our risks and activities. That means enlisting the help of people with financial expertise. Throwing a lot of financial people in jail or shutting down financial institutions are not on my list. In my new book Finance and the Good Society (Princeton) I advance some ideas how this can be done, in our new information-technology-rich society: 1. Advance the benefit corporation. From the initiative of the nonprofit B Lab, the first law allowing benefit corporations was created in Maryland in 2010, and now eight states have them. A benefit corporation is a for-profit corporation that has some additional social or environmental purpose other than just making profits. Each benefit corporation can define its own purpose and will attract its own kind of idealists as investors. My guess is that this new idea will turn out to be a winner, that will yield some of our most profitable corporations because of the employee and community support they will inspire. The amazing example of Wikipedia, with its unpaid authors, shows how public purpose can motivate people. 2. Create what I am calling, in my new book, participation nonprofits, nonprofits that might run schools or hospitals or the like, but that raise money by selling shares to the public. Such a firm pays dividends from its profits into a special account in the name of the shareholder. The shareholders get a charitable tax deduction for making the investment, but can use the dividends in the account only for further charitable contributions, including purchasing shares in participation nonprofits, or can spend them on themselves in some predefined emergency situations such as a medical crisis. With participation nonprofits, charitable giving will be more fun for the donors, for they could watch their money grow and feel their influence grow with it, if they invest wisely, fulfilling a natural human need for stimulation and appreciation. For example, the Wikipedia Foundation might have been even more successful if it had been set up as a participation nonprofit, and found some revenue opportunity associated with their mission. Instead of operating on a shoestring of the mere 75 employees it has today, I’ll bet it would have received many billions in donations by now, which it probably could use for a much expanded social purpose. 3. Create what I am calling continuous-workout mortgages, mortgages whose contract specifies from the beginning that the loan balance will be reduced in contingencies like a decline in home prices or a severe economic recession. In the current crisis, we are hampered by the fact that few troubled homeowners are getting workouts on their mortgages. This has been a significant factor in the severity of the crisis, since people who are underwater on their mortgages are not likely to spend, or to move to take a new job. Workouts could be not only preplanned but also made continuous, responding day by day to every change in the economic situation of the homeowner. 4. Get risk-management markets for real estate risks going on a high level. In 2006, my colleagues and I worked with the Chicago Mercantile Exchange to launch the world’s first futures exchange for single-family homes. The market is still going, though trade is very weak. But the CME Group has just launched new options on home prices, which may rekindle the market. If this initiative does not work well either, we need to come up with another initiative to make these markets work, which will enable private mortgage issuers to use them as risk management devices so that they can do such things as create continuous workout mortgages without taking on unacceptable risks by doing so. The financial crisis might largely have been prevented if we had such markets. 5. Empower lobbyists on behalf of the 99%, the people who make up all of the population except the very wealthy. There is nothing wrong with lobbyists per se, for they give needed information to lawmakers. Every interest group should have lobbyists, including the working class and the poor. Financial lobbying is especially important since lawmakers cannot be expected to have expertise on difficult financial concepts. The problem has been that the financial lobbyists have grown dramatically in resources in recent decades, while other groups’ lobbyists have not. Supporting a better balance of lobbying efforts needs to be emphasized. 6. Advance the cause of risk management for the very poor. There are billions in the world today whose survival depends on subsistence farming. Farms ought to be able to insure their crops against failure due to bad weather. Traditional crop insurance has not worked because crops are difficult to verify and there is thus a moral hazard problem. Now that weather reporting is more detailed, and now that agronomists better understand the relation between crops and weather, we can base insurance on the weather changes that affect crops. The take-up by farmers of such insurance has been slow, despite demonstration programs sponsored by the World Bank and other donors. We need to experiment more with marketing forms until we get these right. 7. Create more sophisticated forms of public debt. At the present time, national governments tend to rely exclusively on conventional debt to finance their deficits, in contrast to companies who use both debt and equity as well as a plethora of other financial devices. A simple first step would be for governments to sell shares analogous to the shares in corporations that are traded on stock markets. My Canadian colleague Mark Kamstra and I have proposed that governments with deficits, instead of borrowing more now, start selling what we call trills: each trill promises to pay a dividend equal to trillionth of GDP each year to the owner, in perpetuity. Investors who are optimistic about GDP might love these investments, and governments would then find that they are cushioned against financial crises like the present crisis since their required dividend payments decline then. 8. Create tradable social policy bonds. The idea, first articulated by Ronnie Horesh in New Zealand, is for governments to create bonds that pay out if some specified social policy objective, such as an increase in public awareness of some important issue or a decline in some specified crime rate. By creating such bonds, an incentive is created for private sector initiatives to solve them. An entrepreneur can profit by buying the bonds and taking steps to solve the problem. The entrepreneur does not have to wait to profit until the day when the policy objective is finally met, for, if these bonds are traded on public markets, the price of the bonds will tend to increase in anticipation of the fulfillment as soon as the prospect is apparent. 9. Create an inequality indexation scheme in the tax code. We would pass a law now that specifies that taxes will be indexed to inequality: tax rates on higher incomes will be automatically raised at any future date when inequality surpasses a specified threshold level worse than it is today. It should be politically much easier to create such a contingency plan now, to be triggered only at a future date if some specified level of higher inequality is reached, than to raise taxes later after such inequality is a reality and a political constituency for the newly rich is created. Just as, with fire insurance, one must insure a house before it burns down. So to, if we are to view increased inequality as a risk with a financial solution, we should take risk-managing actions while it is still just a risk. 10. Create livelihood insurance, insurance offered to individuals against declines in the average income paid to people in their professional specialty. We already have disability insurance, insurance that protects individuals against loss of income due to illness. In the information age, we ought to be able to expand such insurance, without triggering moral hazard, to protect people against possibly catastrophic drops in lifetime earnings that sometimes occur when people’s occupational income suffers a serious hit because of some technological innovation or change in the economy. If people are able to insure their livelihoods against such events, they will not only rest easier, they will be able to be more adventuresome in their career choices. All of these ideas are expansion of basic financial technology toward the broader social benefits. The first step in making any such things happen is first to appreciate the kinds of financial institutions we already have, as well as their defects. We need then to improve and build up this financial infrastructure so that it works better in our lives. Robert Shiller is professor of economics and finance at Yale University. This month Finance and the Good Society appeared and also a new revised version of his free video online Financial Markets course, part of Open Yale , was launched.

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Jodie Levin-Epstein: Is Marriage a Poverty-Buster?

April 11, 2012

” The Myth of the Disappearing Middle Class ” (Washington Post, March 29, 2012) by Brookings Institution Senior Fellow Ron Haskins asserts that the lack of opportunity in 21st century America is largely driven by the failure of individuals to behave responsibly, particularly the failure of parents to marry. “The Myth” demonstrates the mathematical attributes of marriage (it also raises a host of other issues reverberating in the blogosphere). The arithmetic seems hard to beat: two incomes must be better than one. Haskins, who steered welfare reform for House Republicans, cares about results ; here he is typically careful with his data and provides a lot of it: Brookings Institution calculations of census data for 2009, a deep recession year, show that adults who graduated from at least high school, had a job, and were both at least age 21 and married before having children had about a 2 percent chance of living in poverty and a better than 70 percent chance of making the middle class — defined as $65,000 or more in household income. People who did not meet any of these factors had a 77 percent chance of living in poverty and a 4 percent chance of making the middle class (or higher). Unless young Americans begin making better decisions, the nation’s problems with poverty and inequality will continue to grow. Marriage (before children), high school graduation, and working are all great goals shared by many across the political spectrum. The sequence makes sense. Policies and programs to achieve the goals are valuable. But Haskins’ view scrambles together the data on good outcomes with the idea that gumption can move anyone into a higher-income cohort. The numbers simply celebrate how those who have a foot on the ladder can move up it. Haskins’ analysis considers the importance of missing rings but is essentially silent on the role of missing rungs. The question really ought to be what do we do when individual responsibility is no match for the economic forces that can envelop people as they move toward the desired goals? To note a few: Graduation from high school is particularly challenging for students enrolled in the nation’s dysfunctional “drop out factories,” which, by definition, graduate fewer than 60 percent of their students; while the good news is that the number of such schools declined 23 percent between 2002-2010, about 2 million students are still trapped in these failed institutions. Graduation from high school, while far better than dropping out, too often fails to adequately help job seekers. In March 2012, adults age 25 and over who had high school degrees faced an unemployment rate of 8 percent. Employment for youth is generally precarious, but within communities of color unemployment is a crisis : among those looking for work, youth unemployment (ages 16-24) stood at 16.5 percent in February 2012, essentially double the overall rate of 8.3 percent; black youth employment is more than triple the overall rate at 26 percent (large differences by race appear even among college graduates ; unemployment for white college grads in 2010 was 4.2 percent, while for African Americans it was 7.3 percent). Providing a child quality early care is out of reach for too many families: only one in six children federally-eligible for child care assistance receives any help. In 22 states, families seeking child care assistance face waiting lists or frozen intake. But is marriage invariably a poverty-buster? It turns out that one plus one does not always add up to two stable incomes. Particularly for those with precarious incomes the decision to get hitched includes a special calculation that adds in an assessment of economic instability and liability. As Stephanie Coontz , an expert on marriage observes, a woman “will certainly end up better off financially if she marries a man who is able to keep a job and is willing to share his resources. But she also has to weigh the very real possibility that he will become an economic liability if he loses his job or misuses the couple’s resources.” Income instability comes in many forms, not just a worry about job loss. Research that tracked young men ages 18 to 32 has shown that “changing jobs and having a large number of jobs end up lowering wage rates and reducing marriage rates .” Marriage may be more readily achieved by those who can woo with promises of economic stability. As reported in ” Marriage is for the Rich “, the rates of marriage are dramatically higher at higher incomes (even while rates are declining at all incomes). For low-wage workers, the math of marriage in which one plus one adds up and becomes two incomes may be true only infrequently over time. That creates instability. And while all workers may risk a job or earnings loss, there may be a low-income tipping point where instability feels boundless, not just some blip from which to bounce back. For some low-income couples, a future that anticipates economic liability makes it tough to tie the knot. It seems the poor and the rich share a crush on stability. So, when Haskins concludes “Yes, the nation needs its safety net, but improvements in personal responsibility would have a greater and more lasting impact on poverty and opportunity,” his assertion begets a question for all of us. Do you think factors such as limited educational opportunity and jobs that are inherently precarious (e.g. hours that are unpredictable) make it more difficult to succeed even for those who are trying to reach each benchmark, including marriage? I do.

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Preetam Kaushik: Starbucks Finally Coming to India: Will It Knock Out the Indian Coffee Retailers?

April 10, 2012

One of my Indian friends abroad was returning home after a three year stint in Japan and mentioned, “Well, the only thing that I would not find in India and I can’t live without is Starbucks.” “But, there are Café Coffee Day and Barista, the Indian Coffee chains, if all you want is a hang out joint and some good tea or coffee,” I said. “No, they are not the same, they don’t even serve Tazo Chai Tea Latte,” was the curt response. Well, it’s only an individual example, but kind of opens up a window to understand how brands develop and make your life incomplete without them being around. It is also precisely this sentiment that would welcome Starbucks in India. However, Starbucks is looking at a much bigger market than merely those who eagerly await its arrival. Indian coffee consumption has doubled up in the last decade to 100,000 metric tonnes . While the main players in the retail coffee chain in India are Café Coffee Day, Barista and Costa Café, it is really only the Café’ Coffee Day that has the largest market share. With over 1250 cafés across various cities in India, Café Coffee Day is progressing at a growth rate of nearly 30 percent a year. In Contrast, Barista remains slightly an upmarket Café with about 250 cafes across the county and Costa Coffee, still lesser at about 100 Cafes. Who amongst these is really the competitor for Starbucks really depends on how the company positions itself in India. Starbucks is partnering with Tatas with a 50: 50 Joint Venture to launch the first set of the 50 retail coffee chains across India by the end of the year. The first launch is estimated in August. Finally! The question one likes to ask is not what is bringing Starbucks into India, but what has really kept it out for so long. It may be the Foreign Direct Investment Policies for single brand retail companies, where the bar was kept at 51 percent. Apparently, Starbucks has long been interested in coming to India but somehow it didn’t work. However in the last few years, contemplating a Franchisee Model and was in talks with Kishore Biyani of The Future Group, India. It however does not work for many brands who do not want to partner with any Indian brand, such as Apple and IKEA. It is only in January, 2012, that the Indian Government allowed 100 percent FDI for single brand retailer raising from 51 percent. The only condition that comes with 100 percent FDI is that the companies who take the 100 percent route must procure 30 percent from smaller Indian companies . It is interesting that despite the 100 percent FDI allowance now, Starbucks has chosen to go for a joint venture with the leading Indian Conglomerate Tata, that too with a 50:50 partnership stake. The two companies who are signing in MO U’s are working on the finer print for the Indian chains set to launch soon. Starbucks is already in agreement with the company over sourcing its coffee from India. Although the final arrangement between the tie up is still not public, it wouldn’t be a surprise if TATAs, who are also in the hospitality business, run some of the retail stores out of their own properties. Starbucks, which runs over 1900 retail stores in over 58 countries, is planning to launch stores in all leading cities in the first round this year. However, it is estimated that Indian market currently has the capacity to absorb more than double the stores it already has. What brings Starbucks to India, when it is a known fact that Indians are not known for their love for coffee? In a country where the predominant beverage across the country remains ‘tea’ and the coffee drinking South Indians drink milky and sugary filtered coffee, it may not sound like a very naturally inclined market for Starbucks. However it is not the affinity for coffee, but the size of the Indian middle class which is estimated at 300 million that is attractive for brands like Starbucks. It is also true that Starbucks isn’t really all about Coffee, the branding apparently is hooked on to the coffee, but Starbuck offers more than the Coffee anywhere in the World and wouldn’t it be fair to expect that there would be something special for Indian market too. Café Coffee Day is no different, it does sell snacks, tea and so many soda based drinks, not remotely connected with Coffee. That brings the discussion to the buzz that is going around in the internet world. From the Washington post to the Wall Street Journal, blogs are talking about suggestive or anticipated menu for the Indian palate courtesy Starbucks. While the guess is that “Frappuccino” and the “Latte” , should remain there, some suggest Starbucks could benefit from having Alphonso Vivanno Lassi for Indians and may also consider change of name for ‘Tazo Chai Tea Latte’. Some suggestions are around having a ‘real masala tea’ as well as serving ‘coconut water’. One could imagine Indian obsession with mangoes, diary and sweet getting twisted into some interesting new beverages. It’s not a long wait now. Starbucks Corp. is serious on spreading its wings in Asia. One, the middle class in any of the East and South Asian countries is growing and the success in China has been definitely impressive for the company. The China success where cafeterias have become a national pastime of the sorts for the middle class, India must be an inspiration. The China experience shows that it is the young from the middle class that are its typical customers. While all across Asia Pacific the Café market is growing and is estimated at 10 percent to 30 percent, Mr. Wang, head of the Starbucks Asia Pacific finds Korea as one of the most promising market . Mr. Wang believes that their entry into the Indian market will lift up the entire coffee market in the country. Self-assured yet cautious, Mr. Wang seem not too worried about the local or national competition from existing brands. One of the reasons he cites is that theirs is a proven global brand. The other being their attitude that any competition helps you remain focussed, keeps them working hard on standing out. Or as they say, there may be a place for everyone to co exists. Interestingly, Mr. Wang who is a trained lawyer thinks that Starbucks culture is about being either a rule breaker or a rule maker. The company, he insists, relies on innovation and engaging customers and the market. Starbucks, he conveys, stands for its goals on sustainable growth, farmer equity and environmental awareness. The Starbucks would like to work with coffee farmers to better yields without reducing chemical inputs. The joint venture between the Tata and Starbucks will be called Tata Starbucks Ltd. It is Delhi and Mumbai which would host the first of these stores. Well, for those who won’t like to go to a café for their coffee, they can still relish a new product that both groups will together launch ‘Tata Tazo”. For the rest, long chats await in a few months from now at Starbucks.

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Brad Reid: The Supreme Court Applies Immunity to Prevent Suits

April 10, 2012

A significant preliminary issue in any suit against governmental bodies is the application of sovereign immunity. Sovereign immunity, historically phrased as the king can do no wrong, early became a part of the U.S. legal system. Governments may only allow suits to proceed against themselves by some affirmative action (waiver) of sovereign immunity. The U.S. Supreme Court recently has once again addressed immunity in two decisions with Justice Alito writing the opinions. In one recent case, a licensed pilot sued the Federal Aviation Administration, the U.S. Department of Transportation, and the Social Security Administration for mental and emotional distress for revealing his confidential medical information (FAA v. Cooper). The federal Privacy Act allows suits for “actual damages” if the government intentionally or willfully violates it. In discussing giving up sovereign immunity (waiver) the Supreme Court majority noted that the Government is entitled to the most favorable interpretation of protection. Since “actual damages” in the Privacy Act is somewhat unclear, the Court understood the phrase to mean a “proven precuniary loss,” not mental or emotional distress. Justices Sotomayor, Ginsburg, and Breyer dissented finding a broader meaning of the phrase “actual damages,” and stated that the narrow meaning was contrary to the purpose of the Privacy Act. These three Justices also dissented in a 2004 Privacy Act decision. The majority opinion in 2004 interpreted “entitlement for recovery” to require damages beyond a willful or intentional violation being proven (Doe v. Chao). A second recent unanimous Supreme Court decision granted absolute immunity from suit to a federal grand jury witness (Rehberg v. Paulk). The plaintiff alleged that an investigator for a district attorney’s office had presented false testimony in violation of a federal civil rights statute (42 U.S.C. Sec. 1983). The Court explained that this immunity from suit was the same protection already granted trial witnesses. Furthermore judicial precedents, the need for witnesses not to fear retaliatory litigation, available perjury remedies, and secrecy considerations for grand jury witnesses favored this result. Related but distinct from sovereign immunity is the “government contractor defense.” This defense broadly prevents military equipment manufacturers from being sued when equipment is constructed to government specifications. It was famously applied in 1988 by the Supreme Court in litigation involving a Marine helicopter crash to end a suit brought against the manufacturer (Boyle v. United Technologies). There were four dissenting justices. In January, 2012, a three judge panel of the Federal Court of Appeals for the Fifth Circuit decided that the legal remedies for the heirs of civilian convoy drivers who were killed in Iraq were those remedies granted by the Defense Base Act and Longshore and Harbor Workers’ Compensation Act (Fisher v. Halliburton). These statutes grant workers’ compensation type awards. Federal law preempted state law tort claims of negligence and fraud against the Army contractors that the heirs had sued. Consequently, the public policy question to consider is how broadly to extend immunity from suits? The general arguments in favor of immunity are that retaliatory or frivolous lawsuits will be time consuming and detract from official duties, individuals will be deterred from seeking careers in public service or exercising their best judgment for fear of litigation, and burdensome and lengthy suits will waste public resources. The general arguments against immunity are that injustices will not be remedied, immunity discourages due care, and individuals or entities are exempted by immunity from the standards that apply to the rest of society. There are numerous additional forms of immunity from suit not discussed in this brief comment that are further subdivided into absolute and qualified.The general legal trend presently seems to expand immunity from suit based upon strict statutory interpretation of waiver provisions. Under this view statutory language is very precisely, and critics would say too narrowly, defined to prevent suits.

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Susan Harrow: James Bond Brand Shaken Up: Swigging Heineken in New Movie Skyfall

April 10, 2012

James Bond drinking beer? Not a suave move Bond. James Bond swilling beer is a huge branding bomb. We know and love this sophisticated spy for his elegance, savoir-faire and swagger, not for sipping the foam from a heady Heineken. Famed for his signature beverage of a vodka martini “shaken, not stirred,” Bond has caved to down the brew for a purported 45 million dollar marketing deal from Heineken. Picture this: a beautiful Bond girl approaches the current James Bond guy, Daniel Craig, at a bar in some sensual island hoping to be seduced by him — and then eyes his drink — a can of beer. Game over. Lesya Lysyj, a representative of the Dutch brewer says, ”James Bond is a perfect fit for us,” Maybe he is, but beer isn’t a “perfect fit” for his brand. She adds, “He is the epitome of the man of the world.” Not after this commercial caper. According to Ad Age the Heineken brand has had a partnership with the film for 15 years, but this is the beermaker’s most visible move to capitalize on the Bond name. This unfortunate decision has caused quite a stir among fans and inspired jokes from the likes of Peter Sagal and his guests on the popular NPR Show, “Wait Wait…Don’t Tell me.” In this week’s show Sagal quipped, “His tuxedo is just printed on a T-shirt now. We’re looking forward to having him sidle up to the bar in his tuxedo T-shirt and he’s going to order a brew.” Guest panelist Adam Felber added, “He’ll be Jimmy Bond now.” Sorry, but beer is bad for the Bond Brand. Say it ain’t so James. We want our Aston Martin, Rolex wearing, martini drinking man to stay true to his elegant, womanizing ways, not throw one back like the rest of us working stiffs. Susan Harrow is the author of Sell Yourself Without Selling Your Soul . She runs a Media Consultancy where she helps everyone from Fortune 500 CEOs to celebrity chefs, entrepreneurs to authors grow their business through media coaching and the power of PR. For more information please contact Susan .

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Richard Barrington: Are Money Market Rates Poised for a Comeback?

April 10, 2012

Is your money market account stuck in a rut? If so, you’re not alone. Money market rates have been locked into a long and steady descent for a few years now, resulting in average money market rates of just 0.14 percent as of the end of March. Finally, though, there are signs that this could change in the months ahead. Treasury bond yields trended upward in March, in reaction to a streak of positive economic news. This could ultimately start to affect money market rates, but there are still some obstacles to overcome. Higher Treasury Bond Yields After spending most of January and February below 2 percent , 10-year Treasury bond yields broke through on the upside in March, reaching a much-higher 2.3 percent before falling back a little. As this is written, they are still holding onto ground in a range around 2.2 percent. If they don’t slip back again, this would represent the first sustained upward progress for bond yields since late 2010. This is largely in reaction to positive economic news on the domestic front — in particular, a string of encouraging employment reports. Adding jobs has the potential to generate continuing economic momentum, which would eventually create an environment that could support higher interest rates. The Impact of Inflation Unfortunately, the rise in bond yields may not be entirely due to positive economic developments. The most recent Consumer Price Index report showed a 0.4 percent increase in February, which, if continued, would project to an inflation rate of nearly 5 percent a year. So far, this is a one-time uptick in inflation, and the rate for the last 12 months remains a moderate 2.9 percent. However, the high inflation reading for February is troubling in the context of rising oil prices , which have a way of spreading inflation to other segments of the economy. Higher inflation could push interest rates higher without really helping money market accounts. The Fed, and Other Obstacles to Higher Rates Besides inflation, there are a few other obstacles for money market accounts. Specifically, here are three things that could derail money market accounts on the way to higher interest rates: 1. Federal Reserve policy. The Federal Reserve has somewhat painted itself into a corner with a multi-year commitment to low interest rates. Money market rates can rise without the Fed, but it will be more difficult. 2. A European recession. For some countries in Europe, the question isn’t whether they will go into recession, but how deep it will be. The resulting reduction in global demand will hold interest rates back. 3. Slower growth in China. When it comes to China , the issue isn’t one of recession, but simply of a more moderate rate of growth. However, the effect is the same as with the prospect of recession in Europe — an incremental drop in world demand growth. When balanced against signs of job growth in the U.S., it is difficult to tell from day-to-day which of these factors might be gaining the upper hand. However, bond market yields provide a continuous assessment of economic developments, and based on recent moves, those yields seem ready to break out of their low-rate rut. The next question is, how soon will money market accounts follow? The original article can be found at Money-Rates.com : ” Are money market rates poised for a comeback? ”

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Renee Blodgett: Entrepreneurs Should Think Globally Far Beyond Silicon Valley’s Borders

April 10, 2012

While Silicon Valley may be the “hub” for technology startups and where the world thinks the top creativity and talent reside, there is plenty of innovation coming out of other parts of the world. In the states, Denver, Boston, Los Angeles, Washington DC, Portland and Seattle are all making strides. Just this past week, I was informed of a few startups out of Montana which just closed small rounds. Outside the states, many entreprenuers and VCs alike know about the flood of activity coming out of Israel, the UK and mobile apps from developers in Eastern Europe, Asia and South Africa (Memeburn is a growing social media and start-up blog for the developing world and a hot new Cape Town-based start-up conference is unveiling in the fourth quarter). Paris-based LeWeb is one of the hottest start-up and technology conferences around and given its growth and diversity, it’s not just focused on Europe anymore. In the last six months alone, I’ve met 6 French entrepreneurs who are moving from Paris to the Bay Area to increase their likelihood of getting funded and hiring the “right” names. Canada, the Netherlands, Belgium, Singapore too are all sprouting up new initiatives and innovations. I talked to the Singapore folks at SXSW who fed me fabulous chicken wings at their booth. (there was a huge international presence this year). They have a presence in Silicon Valley and are hoping to grow it in the coming months and years, as is Ireland with Enterprise Ireland, who is responsible for the funding, development and international growth of start-up companies in Ireland. The popularity of the Dublin Web Summit and the Founders conference are both strong indicators that the number of entrepreneurs and smart ideas coming out of Dublin and other pockets of the country is on the rise. Ireland also had a strong presence at SXSW with 30 companies on-site under the Enterprise Ireland umbrella. Part of their pitch to the social media and technology world was not just of their own talent, but to encourage others to bring their businesses to Ireland. Ireland has a €10 million fund for international start-ups. While it may not be brand new, many may not be aware of it. Why Ireland, besides the natural reasons of it being a gorgeous country with landscape to die for and a country loaded with smart, witty storytellers? What many may not realize is that Ireland has the most business friendly tax regime of any country in Europe or the Americas, which is pretty attractive when your budgets are small and you’re trying to raise early capital. It is obviously English-speaking as well, which makes it easy for Canadians and Americans to migrate east and Ireland’s geographic position and EU membership provides easy access to money flow on the continent. The World Bank’s ‘Doing Business’ report rates Ireland as the easiest EU location to start a business. And, the Irish Government has an assertive pro-business economic policy, offering a 12.5% corporate tax rate and 25% R&D tax credit. For those solely focused in Silicon Valley, perhaps it’s time to think a little more global. With more expansive thinking will come additional resources, capital and creativity not to mention interesting culture, social benefits and economic development outside of what northern California has to offer.

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Mike Lux: Rick Warren’s Dependency

April 10, 2012

Rick Warren’s recent comments on the Bible and dependency show him to be profoundly out of touch with the scripture he claims to hold sacred, as well as lacking a basic understanding of government programs related to poor people. Here’s the quote I am referring to: Well certainly the Bible says we are to care about the poor… But there’s a fundamental question on the meaning of “fairness.” Does fairness mean everybody makes the same amount of money? Or does fairness mean everybody gets the opportunity to make the same amount of money? I do not believe in wealth redistribution, I believe in wealth creation. The only way to get people out of poverty is J-O-B-S. Create jobs. To create wealth, not to subsidize wealth. When you subsidize people, you create the dependency. You — you rob them of dignity. Warren here is clearly showing his own dependency on right-wing mythology. First of all, no one I know in Democratic or progressive politics (and I do know a lot of folks) advocates that everyone has to make the same amount of money — that is the ultimate mythological conservative straw man. (The only writer I know that actually advocates for that is the author of the biblical Book of Acts : “all who shared the faith owned everything in common; they sold their goods and possessions and distributed the proceeds among themselves according to what each one needed.”) In fact, the vast majority of government assistance (over 90 percent, in fact) for lower-income people consist of Social Security, Medicare, and Medicaid-related nursing home coverage for senior citizens; school lunch, Head Start, pre-natal, early childhood, public education money, and other programs for young children; student loan and job training programs for students and laid-off workers looking for jobs; and SSI checks and other programs for those too disabled to work. Then there are government jobs themselves — teachers, cops and firefighters, road construction workers, etc, which Warren ignores completely. So unless Warren is expecting 85 and 5 year olds, or maybe desperately ill people, to work for their bread, this dependency thing is a load of bunk. Finally, it is important to note that some government benefits also go to people working full or part time whose wages are so low they are still below or close to the poverty line. Maybe Pastor Warren knows these facts, maybe he doesn’t, but when you have his platform in life as a person so many people listen to, it is morally important for you to check out your facts first instead of being dependent on partisan and mean-spirited mythology. Beyond his bad facts and ugly mythology about government spending to help low-income folks survive and maybe gain a toehold into the middle class is Warren’s apparent lack of any knowledge about what the Bible he claims to revere says about helping the poor. Let me give the good pastor some examples of what I mean. I don’t think Pastor Warren has ever read the Book of Isaiah, for example. You don’t have to read far: in the very first chapter, Isaiah calls on the rulers (yes, the government, not just individuals) of Israel to hear what God tells them: You multiply your prayers, I shall not be listening. Your hands are covered in blood, wash, make yourselves clean. Take your wrong-doing out of my sight. Cease doing evil. Learn to do good, search for justice, discipline the violent, be just to the orphan, plead for the widow. A little later, in chapter 10, Isaiah is at it again, attacking the government of Israel but not for creating dependency: Woe to those who enact unjust decrees, Who compose oppressive legislation to deny justice to the weak and to cheat the poorest of my people of fair judgment, To make widows their prey and rob the orphan… To whom will you run for help, and where will you leave your riches? Isaiah goes on and on like this, for chapters and chapters. But maybe you haven’t read Isaiah, Pastor, or perhaps you just don’t like it very well since it teaches such pro-dependency lessons. Maybe we should turn to some other prophets you might like better. Oh, wait. Jeremiah says to the rulers of Israel “the very skirts of your robe are stained with the blood of the poor.” Lamentations says about Israel, “All her people are groaning, looking for something to eat.” Ezekiel speaks of the rulers of Israel this way: “You have failed to make your weak sheep strong, or to care for the sick ones, or bandage the injured ones.” Okay, maybe you never liked reading the prophets. What about Psalms; they are so comforting. Oh, wait, maybe not, or at least not to conservatives. There’s Psalms 9-10, for example, talking about the wicked ruler who “watches intently for the downtrodden, lurking unseen like a lion in his lair, lurking to pounce on the poor.” Or Psalms 22, which proclaims that God “has not despised nor disregarded the poverty of the poor, has not turned away his face, but has listened to his cries for help… The poor will eat and be fulfilled.” Even if it creates dependency, I guess. And Pastor, sorry, it doesn’t get any better for you on this dependency notion you have in your New Testament. Jesus’ mother Mary in Luke said her son would “pull princes from their thrones and raise high the lowly” and “fill the starving with good things, sending the rich empty away.” She didn’t mention whether that would cause dependency, but I tend to doubt she was too worried about it. In Jesus’ first sermon in Luke he called for a year where the rich would be forced to forgive their debts to the poor. In Matthew 14, Jesus’ disciples told him he should send the crowds away so they could buy food for themselves, and Jesus replied “there is no need for them to go, give them something eat yourselves.” In Matthew 19, he told a rich man that he should go and sell all his possessions (in spite of the fact he was a job creator!) and give all the money to the poor.” And in Matthew 25:31-46, Jesus said that God would gather all the nations (yes, the nations, not just individuals, something conveniently overlooked by conservatives) to judge who had given food to the hungry, water to the thirsty, clothes to those lacking them, who had welcomed strangers and helped prisoners and the sick. All this must sound a lot like promoting dependency to Warren. And by the way, whether poor people are helped by government or individual charity, wouldn’t it be promoting dependency all the same according to conservatives? (Right-wing hero Ayn Rand sure thought so.) Now you may think I’m being selective with these particular quotes, that these are the few times in the Bible where helping the poor are mentioned. Sorry, Pastor Warren; take a look for yourself, go ahead and read the entire thing. The poor are mentioned more than 2,000 separate times in the Bible, well over a hundred by Jesus himself — and unless I missed something somewhere, not one time is it to castigate them for their laziness or fret that they are growing too dependent on help. I am consistently stirred to anger by these false prophets of Christianity. Pastor Warren, you have every right to have whatever religious and political beliefs you want to have, but don’t proclaim you are preaching the Christian Bible and then reject most of the things the people you are supposedly following said.

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Christina Gagnier: Facebook’s Instagram Play Could Be Unpopular With Users and Their Privacy

April 10, 2012

It would have been hard to miss the deal read about around the Internet yesterday: Facebook’s buying Instagram for $1 billion dollars. The comments around the deal have largely centered around the valuation amount, arguably inflated, and the pending doom of the often talked about “bubble” in Silicon Valley. Yet, there is another undercurrent that is likely far more important to the two parties in the deal: the prospective recalcitrance of Instagram users to continue their use of the photo social network now that it is linked to Facebook. The user conversation around the deal demonstrated several concerns, some relating to the fact that the platform would now suddenly become less “cool,” and others relating to the simple fact that they liked Instagram because it was just photos, not anything else. Likely the biggest criticism was that many Instagram users signed up for Instagram because they just wanted to use Instagram. While some users like to integrate all of their social tools together, others like to keep their web experience siloed. Many Instagram users loved the application for its simplicity; in the words of one user, “It made everyone feel like a professional photographer.” When talking to people casually about it at a concert I attended last night (certainly not hard research), many people said they were likely going to stop using it. One new user, who had just downloaded the Instagram application, said now he was not going to use it since it was owned by Facebook. Even if people are not ardent privacy advocates or display everyday concerns over such issues, they know Facebook does not play well in the sandbox with its users. Some people don’t want to share everything they do on every single platform. The reason why Instagram was so popular was its simplicity and that it allowed users to make choices where their photos would go. While we have yet to see operationally how this deal with play out, we may see more quickly in the court of public opinion what happens. For now, if users are unhappy with this recent move, maybe it’s time to try Hipstamatic?

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Susan Harrow: How Do I Smell? Use Twitter to Survey Customer Wants

April 10, 2012

When she decided to develop a perfume, Kim Kardashian didn’t guess what her almost eight-million Twitter followers wanted; she asked them. Her first scent, named after the “star” herself, was created after Kardashian asked her devoted Twitter followers what they wanted from a fragrance. The response? Hints of honeysuckle and sensual tonka beans. Tonka beans? Who knew? They are purported to be so intoxicating that they may be declared illegal. While I agree that to poll your Twitter followers before you create a new product is a great strategy, I also know that I don’t want to smell like dessert when I go out for the evening. But I may be alone on this. “I wanted something rich and creamy and sexy, but still youthful,” Kardashian said . Good enough to eat perhaps… Sister Kourtney Kardashian called Twitter “the best decision-maker,” disclosing that she Tweets everything from potential perfume bottle designs for the sisters’ signature fragrance, to outfit decisions, and even, absurd as this sounds, asking fans what she should have for dinner. Hey, ya’ll, what should I have for dinner? Weigh in on Twitter , will you? I may create a product from your suggestions. Susan Harrow is the author of “Sell Yourself Without Selling Your Soul.” She runs a Media Consultancy where she helps everyone from Fortune 500 CEOs to celebrity chefs, entrepreneurs to authors grow their business through media coaching and the power of PR. For more information please contact Susan .

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Robert Pozen: An Intermediate Approach to the Auditor Rotation Issue

April 10, 2012

In March the Public Company Accounting Oversight Board (PCAOB) held hearings about whether to require public companies to change (or “rotate”) their external auditor periodically. Similarly, the European Union has proposed mandatory auditor rotation every six or 12 years. Mandatory auditor rotation is designed to address a potential conflict of interest between a public company and its auditor. Because an auditor is hired and paid by the public company it audits, the auditor’s desire to maintain a good relationship with its client could conflict with its duty to rigorously question the client’s financial statements. Advocates of mandatory rotation generally object to the historic coziness between auditors and the management of public companies: the auditors of almost 36 percent of all companies in the Russell 1000 have held that position for 21 years or more. These advocates cite two specific benefits of replacing the auditor every five or 10 years: a term limit for an auditor’s engagement with a company would decrease the auditor’s incentive to ingratiate itself with management, and furthermore, mandatory rotation would keep the current auditor on its toes, since it would fear that a new auditor would expose any previous errors or omissions. On the other hand, public companies have vigorously argued that the benefits of mandatory rotation are outweighed by its costs. Because multinational corporations are very complex, an auditor must develop company specific knowledge to fully understand the company’s finances. Mandatory rotation would quickly erode this institutional knowledge, reducing audit quality and increasing costs. In addition, critics point out that mandatory rotation undermines the role of the audit committee in overseeing the audit process, as expanded by the Sarbanes Oxley Act. That Act made the auditor report to the independent audit committee, which now has the power to appoint and terminate the auditor. Given these competing arguments, I favor a compromise proposal requiring the independent audit committee to periodically issue a request for proposal (RFP) for the audit engagement, but allowing the existing auditor to bid on the RFP. This proposal would reap most of the benefits of auditor rotation without imposing many of the costs. Even if the existing auditor usually wins the RFP, the bidding process raises the probability that the audit committee would appoint a new auditor. This would encourage the existing auditor to maintain its professional skepticism more vigilantly. The existing auditor would be worried that any deficiencies in its audits would be discovered if a new auditor were subsequently engaged. Yet an RFP requirement would not impose large costs on a public company from switching its auditor every five or 10 years. The existing auditor would be replaced only if the audit committee decided that this change met a cost/benefit test in the context of that particular company. Most importantly, an RFP process would reinforce the critical role of the independent audit committee in the eyes of the external auditor, especially one with a longstanding relationship to the same company. The RFP process would make it clear that the independent directors on the audit committee, not company management, were in charge of choosing the auditor and supervising its work. Nevertheless, commentators are likely to raise three practical questions about this RFP proposal. 1. How often should the audit committee be required to issue a RFP? In my view, the answer is every 15 years. This period would allow an audit firm enough time to gain the expertise it needed to understand the complexities of a global company. This period would also be long enough to warrant a serious effort by other large audit firms in responding to these RFPs. Audit fees for 15 years might even persuade one or two middle-size audit firms to develop the capability of auditing multinational companies. 2. Will there be enough firms bidding on the RFP other than the existing auditor? Even if only one firm other than the existing auditor responds to the RFP, that should be sufficient to obtain most of the benefits of a competitive bidding process, as shown by the bidding for many large defense contracts . Of course, audit firms cannot perform both audit and non-audit services for the same public company. But the regulators could allow any qualified firm to respond to a RFP as long as the firm stopped the non-audit services if it won the RFP for the audit. 3. Will the RFP process make audit firms more likely to fold on tough accounting issues? With a periodic RFP process, the auditor would make great efforts to serve the needs of the audit committee, not company management. Thus, the RFP process would make the existing auditor to be more responsive to the audit committee — exactly what we want. With the RFP process in mind, the auditor would be more likely to alert the audit committee to close questions on financial reporting and possible areas of debate with company management. In short, mandatory audit rotation as a blanket rule is probably not cost effective. Instead, the PCAOB should require the audit committee to issue a RFP for the auditor engagement every 15 years, but allow the existing auditor to participate in the bidding process. This process would enhance the auditor’s willingness to make tough calls and reinforce its primary allegiance to the audit committee.

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Chris Weigant: Occupy’s Next Crossroads

April 10, 2012

The movement that Occupy Wall Street began is at another crossroads, it seems. It isn’t the first such fork in the road, and it certainly won’t be the last. What happens next is anyone’s guess. Is the Occupy movement poised for a comeback? Or is it about to be co-opted altogether? Can both, in fact, happen simultaneously, and would that be a good thing or not? This week kicks off an effort known as “The 99 Percent Spring” by an impressive coalition of groups with solid lefty credentials (labor, Van Jones, MoveOn.org, etc.). The goal is to hold a series of “teach-ins” that will train 100,000 people (half in person, half online) in nonviolent protest techniques. The Huffington Post reports on the details: The organizing is not aimed at any one event, rally or issue and the effect will be unpredictable. Training tens of thousands of people in arrest techniques to make a political point tends to inspire people to put that training to use. Each training session lasts a full day and covers a lot of ground. The curriculum is broken into three basic areas: explaining broader economic issues such as income inequality and attacks on workers’ rights, encouraging participants to tell their stories of economic injustice and hardship, and teaching the nuts-and-bolts of nonviolent direct action. If the phrase didn’t have such militaristic overtones, I would call it “boot camp for protesting.” Lefties have decided that the Occupiers were onto something and are looking to expand and build on what Occupy Wall Street set in motion last fall. The 99 Percent Spring folks aren’t organizing any one protest over any one particular issue; they are merely training people how to go about doing so for the upcoming election year. They’ve even got some Occupiers teaching their seminars. But, as with all things Occupy, some purists are already charging that it’s all an attempt to “co-opt” them, their message, and their movement. The Occupy movement is planning a very concrete (and ambitious) event for May 1: a nationwide “general strike.” They fear outside groups will dilute their message and taint them by association, somehow. This is, to a large extent, silly. Here’s a quick question: is the Occupy movement inclusive or exclusive? As with all things Occupy, there is no one clear answer; it is both at the same time, in a way. The movement is inclusive, as evidenced by the fact that to join, all you had to do was show up. Anyone could be part of the “General Assembly,” if physically present when the group met. But Occupy also has a creeping sense of exclusivity to it, as well, mostly in fear of the dreaded fate of being “co-opted” by others (up to and including their biggest worry: being co-opted by the Democratic Party). “Being co-opted” is defined differently depending on whom you talk to, but it generally means some outside group would somehow hijack the Occupiers’ pure message and bend it to their own aims. At the same time, the Occupiers are attempting to encourage (one might say “co-opt” if one were being ironic) other groups to support their cause in a visible way — labor groups, especially. The re-launch of Occupy Wall Street (Occupy 2.0?) is slated for May Day, and the Occupiers would love it if they brought the country to its knees for a day as workers everywhere walked off their job in solidarity. That’s really the only way a general strike could work. The May Day plans and the 99 Percent Spring don’t seem to be mutually exclusive but complementary. If the folks who attend the 99 Percent Spring turn out in force on May Day in cities across the country in support of the Occupy protest, how can anyone involved in either see that as a bad thing, especially if the 99 Percenters teach others what they’ve learned, and so present an image to the media of peaceful, nonviolent protest techniques that are time-tested and proven? Any successful movement needs both dreamers and doers. If composed of mere dreamers, nothing ever gets accomplished. If composed of mere doers, things may get accomplished, but without any real direction toward any goal. A prudent mix of both is required not only to move but to move forward toward something. This requires both a lot of people out in the streets and the discipline that people trained in the art of protest and street theater can bring. The Occupiers should be proud of what they’ve achieved already: the change in the conversation in Washington and on the nation’s airwaves. The phrase “99 percent” is used in the discussion now, and the ideas behind that simple phrase have gotten enormously more attention than they did before anyone set foot in Zuccotti Park. That is not easy to do in American these days. Compare the coverage pre-Occupy and post-Occupy in the media on the subject of jobs, for instance. Pre-Occupy, the entire conversation was about slashing the federal budget. Post-Occupy, the conversation has at least shifted somewhat toward the economic plight of millions of Americans. It’s hard to remember now, but pre-Occupy this was deemed “old news” or “not news” by national news directors and editors, and now it will likely be a centerpiece of the upcoming presidential campaign. That is a big victory, even if a bit intangible. The problem of the Occupy movement has always been defining a path forward. Seeing the utopia at the end of the rainbow is always easier than trying to figure out how to get there, to put it another way. Asking Occupiers what they would change about the system brought forth many admirable goals: ending the power of Big Banking, getting rid of lobbying and money in politics, solving the student loan crisis, and many other worthy ideas. But when asked how to achieve those goals, many Occupiers shied away from working within the existing political system altogether, seeing it as so corrupted and ineffectual as to not be worth the effort. But how else is any of this stuff supposed to happen? Overturning the Citizens United decision, just to pick one, would likely (at this point) require an amendment to the Constitution. This would be an enormous achievement, and a fundamental realignment of money in politics, but it would also require an almost Herculean effort to pass. That effort would have to take place not only on the national political level (Congress) but also in statehouses across the land (ratification), and it would take years and years of very hard work to accomplish. That’s not to say it isn’t worth such an effort, but absent such effort it is never going to happen . All movements face this ultimate dilemma: work within the system, or work to create an entirely new system. But creating an entirely new “paradigm” would be even harder than passing an amendment to kill the Citizens United decision — and getting large groups of people to agree on what that new system would be seems (at this point) to be an almost impossible task for the Occupiers. The Occupiers need to ask themselves some very bedrock questions about what it is they are trying to do, and how exactly they plan to get there. Here is how I would compose such a self-examination: Do you want to get something done? Or do you just want to get on television? Do you want to take steps, however small, toward your ultimate goals? Or do you just want to make a certain point, and make it as loudly as you can? Can you accept the fact that in order to achieve any change at all, it will likely have to come from the same corrupt system you are protesting? Or will you remain pure and not change anything in any concrete way? Will you welcome fellow travelers along the path you foresee, even those who might have their own ideas about what to push for next, or will you exclude any group that doesn’t share your ideological purity? What is the point of your movement, and how do you see yourselves getting there? These are important questions, and I am quite obviously biased in the way I have framed them. I do believe that “the system” needs a good grasp by the collar and a healthy shakeup every now and again, but I also believe that ending “the system” and building a new one from scratch on better, more utopian lines is simply not going to take place in my lifetime. Call me a cynic if you must, but there it is. Working within a corrupt system to achieve even incremental change is hard: it takes a long time, and it takes a monumental amount of effort (and some luck). It is not easy. The only easy thing is getting frustrated by the glacial pace of change and giving up on “the system” altogether. The other thing change requires is numbers. Taking over a park — even in every city in America — is one thing. But getting millions of Americans who likely largely agree with your basic goals to influence politicians is another. Achieving even that is going to require some helping hands, which is why the 99 Percent Spring and the Occupy Wall Street folks would do far better to march forward hand-in-hand than worry too much about being “co-opted” or about anyone’s ideological purity.   Chris Weigant blogs at: Follow Chris on Twitter: @ChrisWeigant Become a fan of Chris on The Huffington Post  

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Andrea Learned: Sustainability’s Neglected Frontier: The Young and the Entrepreneurial

April 10, 2012

Where should we be looking for sustainable business change today? Perhaps it should not be toward the usual corporate suspects, many of which are slow to decide on even minor operational and product development shifts. The more compelling view may instead come from looking in the entrepreneurial direction. I’ve been covering corporate sustainability for a while now, but, admittedly, my passion for it has waned. What most big companies can achieve in their attempts to change centuries old operational systems struggles to compare with the game-changing energy, ideas and commitment I’ve recently come across in the young entrepreneur community. The potential sustainability impact of what those in Seattle (my own city) and those of similarly innovative minds on many other college and university campuses across the nation/globe is what strikes me to the core of my ever-hopeful, change-through-business soul. A week ago I spent a day with representatives of the Pacific Northwest’s emerging generation of sustainability and socially-minded entrepreneurs, and it blew me away. To fully disclose, and though the thoughts I share here are my own, I participated in this event in my social media role for the University of Washington’s Center for Innovation and Entrepreneurship, covering their Environmental Innovation Challenge (EIC). After being at this gathering, I realized that corporate sustainability likely has nothing better than the potential for paradigm shift that bubbles inside the men and women now attending our colleges and universities. But, back to the actual event. As the 23 student teams made their two-minute pitches early on, it was all my Twitter-happy fingers could do to capture each of their cool ideas and smart thinking. And, I was not the only one impressed. Even the highly experienced Seattle-area entrepreneurs who judged the challenge seemed to have the same feeling as me, which was that our economy will do just fine — as long as we identify, support and encourage this generation of student sustainability innovators. (Many also said something like “Darn, why wasn’t I this smart when I was that age?”) A quick look at three of the winning innovations from this one event demonstrates why there is great sustainability promise in our next generation of entrepreneurial minds: • An alternative to freeway “jersey barriers” made from something so often found lying shredded near them: old tires. • Sustainable shelter-building materials packaged in an easy to transport barrel as an alternative to post-disaster relief transitional housing. • A radical re-design of non-stick cookware surfaces that eliminates the coating altogether. ( More on those innovations , including some video.) Such incredible ideas might never have made it to prototype or professional business plan format were it not for an approach now starting to get more emphasis on campuses: multi-disciplinary collaboration. The various combinations of students developing these particular innovations, in fact, reflected a mix of undergraduate and graduates, and included engineering and science students working right alongside business majors. Creation at this level comes from true teamwork, and sustainability innovation demands collaboration like nothing else. If I seem enthusiastic, it’s because I’ve been so newly reminded of this and want to spread the word: Students are not some separate entity to be forgotten (until they graduate) in our struggling but sustainability-pursuing economy. Instead, these inspiring men and women are the beginning of a talent pipeline that is already changing our world. Before our very eyes, sustainable innovation is turning the young and restless into the young and entrepreneurial. Here’s hoping your company is paying attention.

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Dr Layla McCay: Wanted: Professional Soulmate

April 9, 2012

I had never heard of the term “professional soulmate.” But it turns out that while I was spending my formative years coming up with brilliant ideas to change the world, I should actually have been screening my fellow students for their potential as my future business partners. That’s what the founders of “farm-to-table” company Sweetgreen did, while they were students at Georgetown University. Recently, they told us at TEDxDupont Circle , a screening party that streamed the TEDxChange conference from Berlin (with “local voices” afterward), that as an entrepreneurial society, we put too much emphasis on the big idea. They argued that you could have all the best ideas in the world, but it takes a synergistic partnership to make it happen. As they said, Ben and Jerry didn’t become big because of Chunky Monkey. (Not that I’m suggesting that flavor is the best idea in the world, though it’s not unpleasant…) The conference wasn’t specifically about partnerships, but it really drove home the message — finding the right partners is critical to success. I liked hearing about designer Jeff Chapin’s partnership with a non-profit organization to design low-cost latrines that people really want, with huge potential impact on sanitation and health in the world’s poorest countries. It was intriguing to think of how aesthetics can play such a central role in the success of public health measures. Then Theo Sowa made a thought provoking presentation about how interventions to empower African women keep making the mistake of conceptualizing these women as “victims” who need to have things done to help them, rather than recognizing their leadership and partnering with them to deliver change. Bill and Melinda Gates are surely each others’ professional soulmates. The TEDxChange chair noted that their Foundation has become the biggest change agent in the world outside of government. This conference launched their ‘ no controversy ‘ campaign to catalyze the leadership needed to increase access to contraception in low and middle income countries. I suspect it will get results. In the meantime, there may be a gap in the market for professionalsoulmate.com …

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David Kiley: New Chevy Impala Is No John Wayne

April 9, 2012

There is a reason why John Wayne and his career advisers thought the name “The Duke” was better than his given name — Marion Morrison. There is something in a name. This week, General Motors is showing off the 2014 Chevy Impala , a car that looks like the greatest single-generation improvement in anything since Rocky III made us forget about the tragedy of Rocky II. But there is that name. Impala. Speaking of Rocky, “The Italian Stallion” was a great name for a boxer. Much better than, say, “The Bayonne Bleeder,” the name given to boxer Chuck Wepner. The Impala long ago became what even car executives at GM would privately call, and please excuse me, “a rental bitch.” That means that only people with little imagination and a mere love of value-priced big sedans could love it. And, of course, rental fleets. The new Impala is built on the same platform as the new Chevy Malibu, another Chevy that has been held back by its 1970s, early 90s name. In fact, professional women in particular really like the car when they are shown it without Chevy Malibu badging. Put the badging on it and interest drops like a stone. The Impala is headed for the same fate. The hardware looks good. The new design borrowed a few visual cues from the Buick LaCrosse and Chevy Camaro. And we can look forward to a new, more fuel-efficient 2.4-liter direct-injection eAssist version, along with a 3.6-liter V6 for the old-school customers. The interior looks a smidge gaudy, but it’s not a deal breaker. It’s a very different car from the existing Impala and a vast improvement. GM executives do not like to dump old names no matter the baggage. They say it costs hundreds of millions of dollars to establish a new name. The company has had experience with this lately with the Buick LaCrosse. But as this is a very new GM, and Chevy, with the best products they’ve had in my lifetime, I’d be the guy arguing for a new name. There are just too many people who would not touch this car no matter how good it looks or drives with the Impala badge. It’s too bad. Impala is actually a cool name. But after what GM has done to it in the last 20 years or so, it has lost its marketability. People on the coasts won’t take this car seriously with the Impala name, nor will many people under 60. Who wants to go see a cowboy movie starring Marion Morrison? For an in-depth take on the new Impala , go to the Autoblog review from the New York Auto Show. Grand Blvd. is a weekly column about cars from David Kiley, editor-in-chief of AOL Autos . He is a former marketing editor at BusinessWeek, and a former ad executive at three ad agencies.

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Jerry Jasinowski: A Mixed Economic Picture

April 9, 2012

I’ve just spent an interesting weekend with a group of CEOs discussing the global economic outlook, and how firms are striving to compete and grow in a challenging economic environment. They described a world of rapid change, financial and stock market volatility, and uncertainty. On balance, they are fairly upbeat about the U.S. economy, but have major concerns about Europe, China, and — of course — what’s going on in Washington. After major restructuring, most companies have dramatically reduced their breakeven points and strengthened their balance sheets so they can generate good earnings even in this slow growth environment. The CEOs believe that the U.S. economy is in better shape than most of the rest of the world, and is today the best place to invest. There was uniform agreement that Europe is in a recession and has done little to reduce its sovereign debt problem. More specifically, Spain’s economy is in deep trouble and will have difficulty financing its debt this spring. There were similar concerns about Italy and France. In general, the CEOS are skeptical that the Euro community has put in place the kinds of reforms necessary to make them more competitive and reduce debt. Few companies see a slowdown in China as a problem. Rather, the majority see China as a big opportunity as the Chinese hike investment in infrastructure and switch to a more consumer driven market. The CEOs were concerned about intellectual property protection and unfair business and trading practices by the Chinese. Many companies believe the Chinese government will always tip the scales in favor of Chinese firms, discriminating against U.S. business. I contended the recent run-up in the stock market was in large measure due to the easy credit environment driven by zero interest rates here, a short-term central bank bailout in Europe, and quantitative easing by most central banks. While it is clear that these actions have helped restore economic growth in some areas, particularly mining, oil, housing, commodities, and finance, there have also been negative impacts on economic fundamentals. More importantly, there is growing concern that more quantitative easing will stoke the fires of inflation either here or abroad. Overall, there was near uniformity of opinion among the CEOs that the U.S. will experience 2% to 2.5% growth in the months ahead. Although not satisfied about that, most of the CEOs felt quite able to operate profitably in that environment. They all stressed that they have in place lean manufacturing, new sourcing practices, and new product development that will allow them to be successful in both this country and abroad. Moreover, virtually everyone in the room was looking at acquisitions as a possible add-on to their organic growth models. They were not so optimistic about employment. All the companies were concerned about the high level of unemployment and inadequate training of the U.S. workforce. Friday’s weak — 120,000 payroll — number reinforces their view that too many workers are being left behind in this weak recovery, either because of weak growth, inadequate skills, or uncertainty emanating from Washington. What we need now is a public-private partnership backing a bi-partisan, pro-manufacturing, pro-growth agenda that creates jobs. Jerry Jasinowski, an economist and author, serve d as President of the National Association of Manufacturers for 14 years and later The Manufacturing Institute. Jerry is available for speaking engagements.

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Penny C. Sansevieri: The Power of a Pin: Why Pinterest Is a Game Changer

April 8, 2012

About ten months ago, I listened to Gary Vaynerchuck talk about this new site called Pinterest. He was really excited about it, though at first I didn’t get it. “Get on Pinterest now!” Gary encouraged. I didn’t listen, thinking, “Oh, dear, not another social network!” But Pinterest has proven to be anything but another social network. First off, its growth has been extraordinary. According to several reports, including a blog post shared on Mashable , from September 2011 to December 2011, unique visitors on Pinterest increased by 429 percent. That kind of growth has never been seen in a social network and while it’s still early for Pinterest, we’re seeing a lot of staying power, especially with established brands like Macy’s, Land’s End and magazines such as Real Simple — which got more traffic from Pinterest in October 2011 than from Facebook. For those of you who haven’t been on Pinterest, the concept is almost deceptively simple. You sign up for an account (there’s a waiting period right now as Pinterest tries to manage traffic and new accounts; once you sign up it should take about a week before you can get in). The site is a collection of boards, sort of like virtual bulletin boards that you name and add to your page. You can have as many boards as you want and name them whatever you want (though make sure to read through the Pinterest terms of service so you know you’re not violating any of their regulations). The boards can describe your brand, book, message, or business. We’ll look at some board ideas in a minute but for now, think bulletin board. So, that said, how can you make the most of Pinterest? Like any social network, I recommend that you poke around, follow a few people in your industry and see what they are posting about. There are a lot of creative boards and a lot of companies using Pinterest as a unique brand extension. Check out Chobani’s Pinterest page ; they have all sorts of boards that tie into their brand including Chobani Champions, recipes, spoons, and sans yogurt which is a board about all things non-yogurt related. Picking your Boards First off, it’s important to come up with creative and interesting board names. Keep in mind that these board names get shared whenever someone repins you so make them catchy! When you first start on Pinterest, you are a completely blank slate. It’s up to you to fill your new Pinterest page with exciting boards. But where to start? Well, your business, product, message, or book will often determine the boards you put up. You should consider your audience first and what they would like to see. Here are a few ideas: If you do a lot of speaking or other offline events, create a board that captures the excitement of these by posting pictures and videos. This is especially great if you have a conference or other big event you’re planning. You could put the board up early with “teaser” content to encourage sign-ups, too! Create a customer or reader board that has pictures and/or videos of happy customers. I often talk about capturing endorsements or reviews on video when you see someone at an event, these can be posted to this board. How-to boards are great as well. You can create a board (or several) around how-to’s related to your product or service. Company boards are great too, you can create one that showcases your company, sharing your core values, and also highlights your team. Thank you boards are great, too. Consider creating a thank you board for clients. If you’re promoting a new book, product, or campaign you can also create a board to support that. The board can have tutorials on it, or videos of the new product. It can be a combination of how-to and showcasing what you’re offering. Tutorials are big for our company, so we plan to offer tutorial boards to help walk our clients through how to use social media, how to continue reaping the benefits from our campaigns once they are done, etc. Trends and seasonal stuff make great boards, too. So don’t hesitate to create a holiday or trend board if you think your audience will be interested. You can also let your customers work on a board with you. Create a user-generated content board and invite customers or readers to pin away! Marketing Ideas If the idea of Pinterest is still intimidating, consider the following marketing ideas for your boards: Videos: Pinterest loves videos. What videos can you pin to a board? Keywords are big on Pinterest, so be sure to think carefully about what you name your picture and what words you use in the description. You can even use hashtags on Pinterest and if you’re trying to get the attention of another Pinner, use the @ followed by their Pin-name to tag them. You can also use a dollar sign to add a “ribbon” to your pin that will immediately show pricing. This is great if you’re selling a product. When you add your pin, don’t forget to tweet it and add it to Facebook; you can do this as soon as the pin is loaded. When you blog, be sure to add great pictures to your blog so that when you pin your blog post to your board, you can capture a great image. Images on Pinterest are obviously important! Click the “popular” link on Pinterest to see what’s hot and what’s trending. You might be able to make this part of your content strategy. Be sure to promote your Pinterest account on Facebook, Twitter, on your website, and in your email signature line, of course. A Few Final Points Be sure to add a catchy description to your profile and when you’re setting up your Pinterest account, link it to your Facebook and Twitter accounts. This will help you gain followers, and add the icons to your profile page so you can direct people there, too. Make sure to engage on Pinterest. Repin pins you love, comment on pins and since you can see pins on the site from folks you aren’t even connected with, be sure to broaden your reach when networking. You never know where the next follower will come from. Pinterest is a fun, if not highly addictive way, to start marketing. Still not sure what to do on Pinterest? Then get started by following others in your industry and get a sense of what they’re doing. While the future of Pinterest is still uncertain, one thing we know is for sure. The site has grown at rates that no one expected and continues to do so. It’s been the quickest site to monetize (to give you perspective, it took Twitter five years to monetize) and has already become a staple for many businesses. Happy Pinning! Other boards we love: http://pinterest.com/societysocial/ http://pinterest.com/pulpwoodqueen/

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Mark Samuel: Being Indispensable: When Keeping Commitments Undermines Your Accountability

April 7, 2012

It is common thought that accountability is about keeping commitments. There is nothing so frustrating as when someone has made a commitment to us — to communicate with us, to complete a task we asked them to complete, to assist us with something we’re having difficulty with — and then fails to follow through. It can be hurtful or frustrating, and our typical response is “You aren’t being accountable.” It can be even more frustrating when we don’t keep our own commitments — to things like our diets, keeping ourselves organized or to staying in touch with our friends. We feel we are letting ourselves down and may label ourselves as “not very accountable.” Regardless of which side of the broken agreement or commitment we may find ourselves, thinking that a broken agreement is necessarily an example of a lack of accountability may be a misdiagnosis. It might surprise you to learn that being accountable does not have to mean keeping all of your commitments. Why? Because accountability is more about being counted on to achieve desired results than accomplishing lots of meaningless activities. How many times have you seen someone looking busy doing lots of things they’ve committed to, but failing to achieve quality results, or satisfaction of their target audience (spouse, boss or customer)? Accountability is not just keeping commitments. Accountability is taking action consistent with your desired outcome. It begins with defining the kind of results you want to achieve in your life at home and at work. What kind of partner do you want to be in your relationships? What is the optimal health that you want to experience? What kind of reputation do you want to have at work with your teammates, your boss and/or your direct reports? Being accountable is taking actions consistent with those desired outcomes. It is not making and keeping commitments that take you away from your purpose. Based on those desired outcomes, it is essential to only make commitments that support your “picture of success” rather than accepting every commitment put before you in order to accommodate others… Sometimes, you may even make a commitment that you have to break or change in order to get back to creating your desired outcomes. For instance, I made a commitment one day to go out with my co-workers after work the following Friday. However, after getting on the scale on Wednesday, I decided it was important for me to get back on my eating plan immediately to lose weight and get my cravings under control. I had to break my commitment with my friends for a higher purpose of getting myself back on track with my health. Now, you might wonder, why didn’t I just go out with my co-workers and eat healthy foods and drink water? Because, at that stage of getting healthy, I was still having difficulty curbing my cravings, and I didn’t want to risk breaking a commitment to my higher purpose. I also wanted to support myself by not putting myself in a risky position in order to accommodate others. The problem with keeping commitments that support others at the expense of supporting ourselves is that we feel like we have undermined our own value by breaking a bigger and more meaningful commitment to our own personal success. Six Steps for Increasing Accountability and Keeping Commitments Identify your “picture of success” and desired outcomes for various aspects of your life — relationships with yourself, family and friends; your performance and communication at work; your contribution to your community or your personal/spiritual growth, hobbies and health. Develop the very few commitments you are willing to make to support yourself in achieving your “picture of success” or desired outcomes. These are your “non-negotiable” commitments. Create “recovery plans,” or your best responses which you will use if you find yourself in jeopardy of breaking one of these commitments or agreements. Recovery plans represent how you will communicate with others and yourself if you can’t keep a commitment as is, so that the commitment can be amended or changed without breaking integrity with yourself. Assess any new commitments that others ask you to make in order to stay consistent with your “picture of success” and have the courage to say “no” to a new commitment that breaks your accountability to your higher purpose or your values. If you can’t make a commitment to support or accommodate another person, assist them in finding a new solution or re-evaluating their request so that they can achieve or make progress on their “picture of success.” Acknowledge yourself for every commitment you keep that reinforces your “picture of success,” and acknowledge yourself for every commitment you break or don’t agree to because it will take you away from acting consistent with your purpose or values. If you would like to learn more about making yourself indispensable, I invite you to visit http://www.MarkSamuel.com to download two FREE chapters of my new book. For more by Mark Samuel, click here . For more on success and motivation, click here .

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Neda Talebian Funk: Fitness: The New ‘It’ Bag

April 5, 2012

Remember when dinner conversation between friends was once all about kids, fashion, and where you were traveling next? Today, the topic in vogue is fitness. It may start with, “Who is your favorite spin instructor and what class are you taking tomorrow?” and an hour later, the group is likely still talking about where and how they get their sweat on. Fitness is the new fashion, and — not surprisingly — it is quickly taking a greater portion of wallet share. At over $20 billion, the U.S. fitness market continues to grow at a solid clip. Further, the introduction of “a la carte” group fitness classes has created a growing market of fitness-goers who spend north of $300 per month on their group fitness classes alone. The boom in boutique studios and fitness apparel is proof. Fitness is not only what people are talking about, but it’s what they are doing. As Technogym’s Nerio Alessandri so perfectly once said, “Fashion is looking good outside; wellness is feeling good inside. It’s the new frontier of luxury.” What makes getting your heart rate up with a sweaty workout the new luxury? The Rise of the Boutiques. Let’s face it: The gym has not changed very much over the years. The big box format offers everything — its cardio machines, group fitness classes and locker rooms — all under one roof, and has remained pretty standard. Thanks, Jack LaLanne. Yet, in recent years, there has been a proliferation of “boutique” fitness studios offering a specialized workout. These workouts embody the “3 E’s,” as coined by fitness consultant, Jonathan Fields: efficiency, effectiveness, and engagement. Boutique studios also tend to be upscale: think $30+ per class in major cities. In fact, over the last three years despite the economic downtown, the NYC market has seen an incredible rise in the boutique studio — up over 30 percent, according to FITiST internal research. Chanel, Oscar de la Renta… and Lululemon. Walk down the street in NYC, LA, or any other metropolitan city and you will see more women in yoga pants than jeans. It’s a fact and a lifestyle. Fashion fitness brands such as Lululemon have revolutionized the fitness apparel industry. Remember working out in baggy soccer shorts and big t-shirts? Not anymore. Flattering, formfitting and highly technical sportswear is being worn not only in the gym, but to lunch, on weekends and even in the office. Want proof? Lululemon has posted over 30 percent year over year sales gains for the past nine quarters, and now boasts a market value of $10.4 billion… Yes, that’s billion. In the last quarter, the company’s sales per square foot were over three times that of luxury retailer, Neiman Marcus. And fashion designers themselves are mixing sportier styles into their lines and even doing collaborations with sportswear labels. Stella McCartney’s collaboration with Adidas has been among the more prominent designer athletic lines to date. The Celeb Factor. Simple truth: Thanks to the likes of Us Weekly , our culture is obsessed with celebrities’ every move, including how they sweat. Why do we all know Tracy Anderson? She trained Madonna and now Gwyneth. And who doesn’t want to look like Gwyneth Paltrow? People are more likely to fork over $35 for a class at a studio when they know it’s where Kelly Ripa gets her sweat on, Lady Gaga spends her birthday, or Matthew McConaughey blows off steam. In conclusion, fitness is simply the new “IT” bag, the season’s most talked about story — “seen in” is now “seen at.” For more by Neda Talebian Funk, click here . For more on fitness and exercise, click here .

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Annie McKee: The Evil Boss Reconsidered

April 5, 2012

“I can’t stand my boss.” “My boss is incompetent.” “I hate my boss.” “My boss is clueless.” It’s a sad situation, really, when statements like these are at the center of so many conversations at work. But it’s true: bosses are disliked, despised, disrespected and detested. More people leave jobs because of their bosses than because of pay issues, working conditions or the job itself. In fact, in a Gallup survey, fully one half of all workers would fire their boss if given the opportunity . So, if we want to improve our workplaces and work lives, we better start by looking at why so many leaders are falling short on such a grand scale. I’ve spent the last decade or so on the other side of this question — how to help leaders get better at what they do. It’s more fun to look at the problem with a solution in mind, but I keep coming back to the fundamental fact that too many leaders really do wreak havoc on people and organizations. Why does this issue persist? There are countless reasons, but a few stand out: First: We promote people for the wrong reasons. We revere the mind and we promote people who seem smart — regardless of their ability to deal well with people. We worship money and reward individuals for making it for our companies, no matter the collateral damage to people along the way. By the time a person has significant leadership responsibility, he or she has gotten loads of positive feedback — money, praise, promotions, you name it. Why should they think there is anything wrong? And if we do notice the problems with these dissonant individuals, it’s hard to convince anyone — so we see again and again that the easiest thing to quiet the storm is to promote them again. Second: Even if people want to learn how to lead, it’s difficult, if not impossible, to get this kind of development at work today. Most of our bad bosses have not learned anything at all about how to manage or lead people — that is, other than the basic plug-and-play that is the stuff of most leadership development programs in organizations. Fact: billions of dollars are wasted on leadership development programs every year , partly because they are designed and conducted in ways that ignore the vast proven practices for meaningful learning. The result: a few people learn something, most people learn very little — and even those small gains are lost over time — and we’re talking lost after only a few weeks or months, not years. And even the companies that have good programs have sidelined most of them for the last four years. Four years! That’s a generation in management terms, and accounts for the exceptionally low rate of employee satisfaction these days. Third: These bad bosses are completely, totally stressed out. If they ever had self-awareness, self-management or the capacity to create a resonant environment, these skills have become casualties of the Sacrifice Syndrome . We expect so much of our leaders, work is incredibly demanding, and our home lives aren’t easy either. Try working 24/7 for a few years, and see what happens. With that kind of stress, our brains are designed to shut down, to go myopic — and in that state you can say good-bye to clear thinking, good judgment and positive relationships at work or home. In the end, organizations create their own monsters. These bad bosses aren’t usually evil. Don’t get me wrong, I’ve met a few who are. I even worked for one. They are soul destroying. But so are the well-intended, generally good people who have turned into insecure, credit-seeking, micromanaging nightmares. What can you do? 1. The first thing you need to do is check to see if you are one of them. If you have become the person everyone loves to hate, it’s time for a change. It won’t necessarily be easy, but if you want to get back to the person you really are, you’ll need to take a hard look at what got you to this place. You’ll likely need to make some pretty major changes to your lifestyle so you can deal with the stress that is inherent in your job. You may need to put yourself in a learning mode — get a coach, find a good leadership program, develop daily routines that support you to be at your best more often, maybe even get a therapist. Yes, it might require even that. At the least, you’re sure to need to focus on personal growth. Professional development simply doesn’t happen without it. 2. If you’re not the problem — still a good leader, still creating a resonant environment for your team — you need to find ways to protect yourself from the dissonance around you. You can start by making sure your psychological defenses are strong and in place. Make sure you know that the behavior directed your way that hurts so much is not about you. It’s about your boss. It is his or her stress, not yours. It’s her insecurity, his lack of understanding about how to manage people. Defend yourself by refusing to let your bad boss hurt you. 3. You can also take some solace in looking down and around you. Make sure that you’re not “kicking the dog.” Instead of passing on the bad behavior, do just the opposite. Get yourself to the point where you can share positive emotions, not negative. Create an environment that is full of promise and excitement, not doom and gloom. Engage your natural optimism and focus on hope. Focus on empathy and compassion so you can direct your activities toward supporting others. Hope and compassion are two ways to literally shift your brain into a mode that helps you deal with stress — while you are also protecting and inspiring others. 4. Finally, you can stop the madness by promoting the right people. Don’t focus so much on results, focus on how people get results. Look under the rocks — what are they doing to people? Are they killing people to reach goals? Squeezing the life out of their team to get that last half percent of growth in the business? If so, it’s not worth it when you consider the debris they have left in their wake. No matter how unpleasant it is, you really do need to learn to give people honest feedback about their leadership skills. It’s time we look beyond smarts and focus on emotional intelligence — those are the skills that make good leaders and are the antidote to the bad bosses out there. It may be common sense, but it’s not common practice — so if we want high performing and compassionate organizations, it’s time to turn this around.

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Mohamed A. El-Erian: Markets Wake Up to Central Banks’ Complicated Tradeoffs

April 5, 2012

This week’s market action serves as a vivid reminder of how dependent valuations are on central bank policies, and especially the aggressive provision of liquidity by the Federal Reserve and the European Central Bank. The question for markets thus boils down to whether central banks will do more; and the issues these institutions face are extremely and increasingly complex. The global sell-off started on Tuesday with the release of the minutes of the most recent FOMC meeting. They were read by many as signaling less eagerness on the part of the Fed to embark on yet another round of liquidity injections (“QE3″). Virtually every asset class promptly slumped, including bonds, commodities and equities — a reflection of how liquidity, rather than fundamentals, partly underpins recent market strength. The sell-off in risk assets accelerated on Wednesday as the European Central Bank also cautioned about expectations of yet more unusual policy activism on that side of the Atlantic. The disappointing Spanish government bond auction was also a problem, coming at a time of mounting market concern about the country’s outlook. This time around, however, German and U.S. government bonds decoupled reflecting the “flight to quality” trade — out of risk assets and into what are regarded as safe heavens. Against this background, it is natural that investor conversations center on whether central banks will renew their liquidity injection programs if markets continue to sell off. Some believe that the institutions have no choice but to do so. Others are less sure. This uncertainty is not surprising. The analysis conducted here at PIMCO, including research for next week’s presentation of the Homer Jones Memorial Lecture at the St. Louis Federal Reserve, confirms that central banks face extremely complicated policy challenges: They are dealing with what Chairman Bernanke correctly called an “unusually uncertain outlook.” They are forced to use blunt tools. They receive very little support from other government agencies. And their repeated interventions inevitably distort price signals, alter market functioning, and disrupt liquidity. In sum, the critical trade-off in policymaking — between benefits, costs and risks — is becoming less attractive for central banks. Thus, recent signals of their hesitancy to do more, especially in light of improving economic data. When push comes to shove, however, we suspect that central banks may ultimately resort yet again to their printing presses, especially if meaningful economic and financial weaknesses reappear. Remember, this is not about what central banks SHOULD do; rather, it concerns what they are LIKELY to do. And in being forced to inject liquidity into the global system, central banks would be driven not by positive motivations but, rather, negative ones. In their hearts, central banks know that their policies cannot by themselves deliver the desired economic outcomes; and they are increasingly aware of the collateral damage associated with their unusual policy activism, as well as the unintended consequences. But they also feel that, for many reasons, they cannot be seen to stand on the sideline while politicians bicker, other agencies dither, and the economy stumbles. The markets’ obsession with central bank policies will not go away any time soon. Moreover, it will evolve over time to also include the question that holds the key to sustaining over time the bull market: whether central banks will be able to hand off the policy challenge — either to a robust economy or to other institutions that have better tools yet, for a host of reasons, have preferred to remain on the sidelines until now? Dr. Mohamed El-Erian is CEO and Co-CIO of PIMCO, the global investment manager. This post originally appeared at CNBC.com . © 2012 CNBC.com

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Paul Boden: I Ain’t No Broken Window

April 5, 2012

James Q. Wilson, the person credited with coining the theory of broken-windows policing , died last month and people are starting to ask what “Broken Windows” is all about. Those of us who have been identified as no more than a broken window are sick of it. The broken-windows theory holds that one poor person in a neighborhood (or, using Wilson’s words, “a single drunk or a single vagrant”) is like a first unrepaired broken window. If the window is not immediately fixed, if the vagrant is not immediately removed, it is a signal that no one cares, disorder will flourish, and the community will go to hell in a handbasket. For this theory to make sense, you first have to step far far away from thinking of people, or at least poor people, as human beings. You need to objectify them. You need to see them as dusty broken windows in a vacant building. Wilson himself admits that his reasoning here seems unjust on the individual level, but goes on to argue that not dealing with a single drunk or vagrant who hasn’t even harmed anybody may lead to “a score of drunks or a hundred vagrants” who could destroy an entire community or downtown business district. That is why we now have Business Improvement Districts (BIDs) with police enforcement to keep that neighborhood flourishing and poor unsightly people out of it. There are now over 1500 BIDs worldwide and their number is growing. And we are right back to Jim Crow Laws, Sundown Laws, Ugly Laws and Anti-Okie Laws, local laws that profess to “uphold the locally accepted obligations of civility.” Such laws have always been used by people in power against those on the outside. In other words, today’s Business Improvement Districts and broken-windows policing are, at their core, a reincarnation of various phases of American history none of us is proud of. Central to the argument is the need to adhere to “locally accepted obligations of civility.” But who is setting these “locally accepted obligations of civility?” Where is our “human civility?” We have gone from the days where people could be told “you can’t sit at this lunch counter” to “you can’t sit on this sidewalk,” from “don’t let the sun set on you here” to “this public park closes at dusk” and from “you’re on the wrong side of the tracks” to “it is illegal to hang out” on this street or corner. Of course a tired shopper can sit on the sidewalk to rest between stores and the people that lined up for two days waiting to get the new iPod can loiter and none of them will ever be ticketed, moved on, or arrested. These are the civilized people; they are consumers. They are us. The people these laws are enforced against are not us. They are them. And their mere presence makes us uncomfortable, so therefore they are not civil and need to be replaced with someone more like those of us who set the locally accepted obligations of civility. Jim Crow Laws, Sundown Laws, Ugly Laws, Anti-Okie Laws, and Broken Windows Laws, its all the same old wine — just in a new bottle. I guess history really does repeat itself and that’s sad.

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Richard (RJ) Eskow: Good Guys Win One: With ALEC, Things Go Better Without Coke

April 4, 2012

Score one for the good guys: After being pressured by Color of Change and other progressive groups, Coca-Cola has left ALEC — the cynical corporate coalition that has pushed a bevy of anti-democratic, anti-middle class, and anti-consumer initiatives. Now that Coke’s come around, next up is Walmart. Their response on the ALEC issue was equivocal and unacceptable. And the issue needs to be raised directly and firmly with the other companies that back the organization – a list that includes AT&T, Bayer, Coca-Cola, ExxonMobil, GlaxoSmithKline, Johnson & Johnson, Kraft Foods, Pfizer and UPS. Standing Up This weekend on The Breakdown we interviewed Rashad Robinson , Color of Change’s executive director, about the Trayvon Martin case and the role of ALEC in “stand your ground” laws like Florida’s. He indicated that ALEC’s member companies were going to be a leading target of the campaign for greater political and economic justice. A few days after that interview aired, Color of Change sent an email to its mailing list that read in part: You and more than 85,000 Color Of Change members have called on corporations to stop supporting the American Legislative Exchange Council (ALEC) because of its role in voter suppression. We contacted Coca-Cola to make sure they understand that through their membership in ALEC, they are supporting racially-discriminatory voter ID… They told us they recognize the importance of voting rights but claimed that they weren’t responsible for ALEC’s voter ID legislation. But it doesn’t matter whether the company had a direct role in the legislation — by funding ALEC, Coca-Cola is supporting an effort to disenfranchise African-Americans, Latinos, students, the elderly, the disabled and the poor. Eventually, representatives from Coca-Cola stopped responding to our emails and phone calls. Will you help us hold Coca-Cola accountable for supporting voter suppression? No Defense It’s true that ALEC is like the United States Chamber of Commerce, in that many of its member companies don’t realize what it really stands for. But the ones who have consciences (or understand the power of consumer anger) will eventually respond, just as they have for the Chamber. (Many leading corporations have left that organization as it moves to the extreme right.) So the role of activists in this situation isn’t just to exert pressure, but to educate. Companies like Coca-Cola need to understand the real nature of the organization they’re supporting. These corporations do bear moral responsibility for the actions taken with their funding and support, and they should be held accountable. (We’ll be airing an interview this weekend with Zaid Jilani, who wrote an excellent piece on The Five Most Despicable Laws Passed by ALEC , which Zaid lists as “banning living wages,” “crippling collective bargaining,” “privatizing our schools,” attacking voter rights,” and “selling prisons to the highest bidder.” We asked Zaid about laws that didn’t make the top five, and they were pretty bad too.) A Coke and a Smile Coca-Cola responded either to the information or to the persuasion. As Think Progress reports , Coke officials told the Washington Examiner today: The Coca-Cola Company has elected to discontinue its membership with the American Legislative Exchange Council (ALEC). Our involvement with ALEC was focused on efforts to oppose discriminatory food and beverage taxes, not on issues that have no direct bearing on our business. We have a long-standing policy of only taking positions on issues that impact our Company and industry. As Think Progress notes, the withdrawal came just five hours after Color of Change sent its email. In other Coca-Cola news, the company just signed a deal with Dunkin’ Brands to make its soft drinks available at Dunkin’ Donuts, Baskin-Robbins, and other Dunkin’ facilities. If you ask me, it’s a good day for a Coke (classic only, if you ask me), along with a donut or a couple scoops of ice cream. Attention Shoppers Coca-Cola’s retraction came in the Examiner ‘s ” Secrets ” blog. Blogger Paul Bedard’s interpretation of the facts comes with a strong ideological bias, but the facts are clear: The good guys won. By contrast, Wal-Mart told the Examiner : Our membership in any organization does not affirm our agreement with each policy created by the broader group. Wal-Mart has a long history of supporting voter rights, and we continue to be a strong proponent of this issue. In fact, Wal-Mart was an active supporter in 2006 of the renewal of the Voting Rights Act of… One of Wal-Mart’s basic beliefs is respect for the individual, and Wal-Mart will continue to stand with all Americans in ensuring our right to vote. Not good enough. If you support people who are attacking the right to vote, financially and with your reputation, then you are supporting injustice. Attention Sellers : This could affect your bottom line in a big way. There’s a large majority in this country that feels disenfranchised from the political process — and is. They’ve been, in the crude words of bar patrons everywhere, “screwed, blued, and tattooed.” They’ve lost their jobs, or their wages have stagnated, while organizations like ALEC strip them of organizing rights and the chance for a job at a living wage. They’ve also been disenfranchised by voter laws like the ones ALEC supports, and by a money-driven, corporate political process. But that disenfranchised majority has enormous economic power — and it’s learning how to use it. One of our most effective tools for responding to the power of corporate money is by cutting off the source of that money. Heads up, Wal-Mart. Know who does a lot of shopping in your stores? People who have been victimized by ALEC policies: Poor people, minorities and people who are working more and earning less. They’re getting wise, they’re getting angry — and they’re getting involved. Richard (RJ) Eskow, a consultant and writer (and former insurance/finance executive), is a Senior Fellow with the Campaign for America’s Future and the host of The Breakdown, broadcast Saturdays nights from 7-9 p.m. on WeAct Radio, AM 1480 in Washington, DC.

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Lenwood Brooks: Government Spending on Autopilot: Prepare for the Crash

April 4, 2012

Last summer, a Federal Aviation Administration advisory committee study on the use of autopilot inaircraft drew a sobering conclusion: too much reliance on automation and technology are degrading pilots’ flight skills. Indeed, reports indicate autopilot malfunctions were a contributing factor in numerous airline accidents in recent years. Perhaps members of Congress should consider the implications of those findings as they take up this year’s federal budget and appropriations process. Because with a majority of federal spending now running on autopilot, we’re setting ourselves up for a fiscal crash. What do I mean when I say the budget is “on autopilot”? Right now, vast swaths of government spending are classified as “mandatory.” That means certain programs are funded automatically. In other words, they are funded outside of the yearly congressional budget and appropriations process. Most Americans don’t realize it, but more than half of federal spending falls into the mandatory spending category: think Social Security, Medicare and Medicaid. (To be exact, 56 percent of all federal spending was spent on mandatory spending during the government’s last fiscal year.) Meanwhile, as of last year, just over a third (37 percent) of the federal budget is categorized as “discretionary” spending. This is the part of the budget over which Congress has decision-making power through the yearly budget and appropriations process. In the last year, Congress has attempted to tackle spending in two ways. First, in August 2011, Congress passed the Budget Control Act, which laid out steps to reduce the deficit over ten years in exchange for an immediate increase in the national debt ceiling. But if you look closer at these numbers, many of the “cuts” are not actual reductions in spending — they simply represent a slower rate of spending growth — and entirely come from the discretionary spending category, the smallest part of the federal budget. The Budget Control Act also established the so-called super committee to identify further potential deficit reduction targets. However, the committee failed to arrive at an agreement by its November deadline, so a series of scheduled automatic cutstotaling $1.2 trillion are now slated to go into effect in January of next year (and will be spread out through 2021). According to the non-partisan Congressional Budget Office, of these cuts triggered by the super committee’s failure, 71 percent — almost three-quarters — come from discretionary spending categories. Getting a serious handle on growing spending in Social Security, Medicare and Medicaid, some of the biggest programs in mandatory spending? It won’t happen under this plan. Worse yet, after the bitter trench warfare and brinksmanship of the 2011 debt ceiling deal, not only have we failed to achieve serious budget savings, it’s probable we’ll hit the debt limit again this year, sooner than was originally expected. That means Congress is likely to find themselves in a new debt ceiling showdown before a single cut triggered by the super committee’s failure has taken effect. Do you see a pattern here? Congress has repeatedly abdicated its responsibility for effective oversight and decision-making on critical questions of how the federal government spends money. At a House Oversight and Government Reform on March 21, Representative Trey Gowdy (R-SC) proposed an interesting hypothetical question to Treasury Secretary Tim Geithner. If the upcoming debt ceiling increase could be “the last debt ceiling increase you could ask for — the final one — and you had to make it large enough for all current and future obligations, what would the request need to be?” “I just can’t do it in my head,” Geithner eventually said when pressed on the question. But the number “would make you uncomfortable.” There is a reason the number causes an uncomfortable feeling: autopilot spending is driving this nation into bankruptcy. President Obama has shown little inclination to step up and show real leadership on this issue. Meanwhile, the budget proposal from Rep. Paul Ryan, the Wisconsin Republican who chairs the House Budget Committee, is an improvement. Credit Ryan for seeking to preserve the Medicare guarantee while keeping costs down and personalizing Medicare for seniors. However, his budget proposal doesn’t address the growth in Social Security spending. What should Congress do? Take a cue from the world of aviation. One recommendation stemming from the FAA autopilot study cited above is that pilots should devote more time to manual flying, rather than relying on automated systems, so they are better prepared at recognizing the warning signs of an emergency. “We’re forgetting how to fly,” explained the committee co-chair, a pilot himself. There’s a lesson for Congress there: enough with the autopilot spending. Congress must take control of the federal budget process, which means taking responsibility for all spending programs to get the deficit under control. If Congress doesn’t start relearning how to fly, we all need to be prepared for a fiscal crash. Lenwood Brooks is policy director of Public Notice, an independent, nonpartisan, nonprofit dedicated to providing facts and insight on the economy and how policy affects our financial well being.

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