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Energy Efficiency Is Central to New Multifamily Financing Program

June 7, 2011

Green Refinance Plus, a new joint initiative from the Federal Housing Administration and Fannie Mae, gives affordable multifamily housing owners the opportunity to refinance and use additional loan read more

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Commercial Real Estate Demand Grows as Markets Stabilize

June 2, 2011

Demand for commercial real estate is on the rise due to the improving economy and job creation, according to the National Associati read more

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Investors Balance Risk and Return

May 31, 2011

Whether they are located in top-tier cities or secondary markets, commercial real estate investors share some common ground when it comes to being cautiously optimistic and weighing risk, accord read more

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Seibert: 2011 Presenters and Panels – Track C – Rocky Mountain …

May 31, 2011

Dan Jablonsky practices law at Brownstein Hyatt Farber Schreck where he focuses on international mergers & acquisitions, joint ventures , and securities and corporate finance. Prior to joining Brownstein, Dan led the global legal … JasonHaislmaier is a partner in the Boulder office of Holme Roberts & Owen LLP and serves as co-chair of the firm’s Intellectual Property , Technology & Media Department. Jason represents emerging and established companies in …

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Cross-Border Transactions Increase in 1Q11

May 23, 2011

Global sales of significant properties rose 23 percent year-over-year to $180.6 billion in 1Q11, maintaining YOY growth for a sixth consecutive quarter, according to

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Hospitality Values Expected to Rise

May 19, 2011

After experiencing the greatest property value decline in 2010, hospitality/lodging has the second-best growth prospects among all sectors, according to

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U.S. Apartment Rent Growth Continues in 1Q11

May 16, 2011

Effective rents in the U.S. read more

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RICS Survey Reveals Increasing Investor Sentiment

May 12, 2011

Investment is picking up around the world and emerging economies are catching up with Brazil, Russia, India, and China, or BRIC economies, according to the Royal Inst read more

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Chez Pazienza: Professor Koch’s Psychopathy 101 Class

May 12, 2011

Just a couple of days ago I was mentioning to someone how Bret Easton Ellis’s American Psycho inadvertently turned out to be the single best chronicle of the entire ethos of the 1980s. What was initially repudiated as relentlessly ugly, hyper-violent nihilism has, in hindsight, taken on a strange air of both sly subversiveness and surprising prescience. What makes American Psycho so subversive is that it imagined soulless consumption and craven materialism taken to its seemingly inevitable conclusion. Patrick Bateman was what you would get if you removed all societal and moral restraint and left only the gooey center buried deep within our rapidly dissolving culture. What makes it prescient, however, is that it imagined a Wall Street populated by indifferent monsters willing to literally kill to get what they want. True, the barons and minions of today’s Wall Street don’t connect car batteries to people’s genitals or scoop out their eyes with pen knives (as far as we know). But if you’ve ever seen the documentary The Smartest Guys in the Room , about the rise and fall of Enron, and listened to recordings of commodities traders laughing to each other at the prospect of the elderly going broke and California burning up as they strangle the state’s power supply in the name of huge profits, you know that there are more subtle forms of sadism. I bring this up because another conversation I had this past weekend was with a friend of mine who represents Howard Dean’s group “Democracy for America” and she was rightfully complaining about the need for our nation’s MBA programs to begin putting more emphasis on business ethics. And two days ago the St. Petersburg Times highlighted how one business school, Florida State University’s, is coming under fire for a move that could very well be in exactly the opposite direction. Apparently, a few years back, billionaire tool Charles Koch donated around $1.5 million to the FSU economics school in exchange for, well, control of the FSU economics school — or at the very least the ability to decide which professors it hires. The goal, ostensibly, would be to ensure that the school does its part to foster his specific brand of free-market libertarian capitalism well into the next few decades. Think of it as Professor Xavier’s School for Randian Supermen, with Koch himself playing the role of Mentor X and choosing the actual professors. This is a disconcerting enough scenario; the fact that this is happening at a public university — funded, ironically, by taxpayers — is just all kinds of unscrupulous. And a lot of people are now starting to realize this. In 2009, Koch and his representatives used their bought-and-paid-for veto power to shoot down 60% of the faculty suggestions, at least a few of whom presumably lacked the conservative credentials that would’ve made Koch comfortable that he was getting his money’s worth. The draconian contract FSU entered into with the Charles G. Koch Charitable Foundation set up an advisory panel appointed by Koch himself, and that panel alone decides which candidates for various professorships deserve consideration. Oh, and the Sword of Damocles hanging over the university’s head? Koch can immediately pull all funding from the school if he doesn’t like who gets hired or if he finds, during his foundation’s annual reviews, that they’ve failed to live up to his “expectations.” This is what’s happening out there — what’s being allowed to happen. A very rich guy is essentially buying the kind of education he thinks your kids should have — one that he assumes will benefit him and his anti-interventionist ilk by turning them into new recruits to the cause. Koch’s plan is brilliantly creative: to go to the source and begin indoctrination from the very beginning — to not simply sell students a product but to make them become both the product and the salespeople at the same time. Forget ethics — Charles Koch is personally cranking out the next generation of Patrick Batemans. Better check the floor around you and make sure you’re not standing on plastic.

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The ROI on CCIM Education

May 12, 2011

CCIMs in small markets and small firms initially may be attracted to the CCIM education program because it’s one more way to distinguish themselves in a limited market. read more

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Rescuing Distressed Retail Real Estate

May 12, 2011

“The developer bit off more than he could chew,” says Henry Englehardt, CCIM, senior vice president with Colliers International in Walnut Creek, Calif., explaining how Rocklin Crossroads, a mixe read more

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Rep. Jeff Miller (R-FL) Receives Legislator of the Year Award

May 11, 2011
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June Carbone: The Real Job Killers? State Budget Crises.

January 20, 2011

Cross-posted from New Deal 2.0 . I sit on the Faculty Senate of a large Midwestern university. Every meeting for the past year has been consumed with planning for this year’s budget crisis. For those insulated from Washington politics, the timing is curious. The economy is improving. State revenues are increasing. Yet this year will be the worst in over a decade for cuts to higher education, school teachers in the suburbs, police in crime-ridden cities, and bridge and infrastructure repair everywhere. Virtually every state will be affected. The cumulative impact will worsen unemployment and may be enough to trigger the feared double dip recession, touching off a new round of economic misery. In this context, Congressional debate of the misnamed “Repealing the Job Killing Health Care Act” is a tragic distraction from the immediate source of job losses — the rejection of the economic lessons that have kept the economy on track since the Great Depression. As Paul Krugman explained in his critique of the euro in this week’s New York Times Magazine , national fiscal policy and state spending are fundamentally different, whether in Europe or the U.S. Spending at the national level includes automatic correctives. Run federal deficits too high for too long, the dollar falls, imports become more expensive and the demand for American goods increases. States, however, cannot print money and they are rightly subject to balanced budget provisions that require that they slash expenses when revenues fall. Economists have accordingly maintained since the New Deal that federal spending should be counter-cyclical — a recession is the time to spend money to create jobs. Policy makers since Richard Nixon have further argued that much of the counter-cyclical spending should go to the states; they are closer to people’s needs and more directly hurt by falling revenues. So if the concern is jobs, counter-cyclical federal spending implemented through a Republican idea — revenue sharing — should be the new Congress’ first priority. It would forestall the job slashing taking place in statehouses throughout the country and do more to reduce unemployment than any proposal currently on the table. Sign up for weekly ND20 highlights, mind-blowing stats, event alerts, and reading/film/music recs. Yet no one is talking about revenue sharing. President Obama proposed some aid to the states as part of his original stimulus package, but Republicans pared those measures back in favor of tax cuts that contributed less to job preservation. When the Republicans insisted on running up the deficit through tax cuts for the wealthy, the president responded with more tax cuts for everyone else — but not the spending most directly tied to jobs. The bailout of financial fat cats lasted long enough to bring back high corporate profits and rising stock market prices. Yet assistance to the states is being cut off at a time likely to forestall economic recovery. The results reject the conventional economic wisdom of the last half century and inflict needless misery on the teachers, policemen, and construction workers who form the backbone of the country. While China undertakes massive public investment in schools, universities, technology, roads and a 21st century infrastructure, we are dismantling the institutions essential to our ability to compete. The token fight to repeal health care is a distraction from the job demolition derby underway in the states as a direct result of federal cutbacks. Yet the connection between ideologically driven federal policy and state layoffs does not even seem to merit notice in the scores of stories about layoffs, tuition increases and reduced crime protection. It is time to focus attention on the real job killers and hold them accountable.

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Grand Canyon University Introduces New Doctoral Programs, New Dean

January 6, 2011

Dr. Henry Radda Joins Faculty as University Adds Advanced Degrees in Business, Psychology

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Stuart Holland: Europe Needs a Gestalt Shift

November 23, 2010

The eurozone must use all available methods to implement New Deal-style programs before it’s too late. Angela Merkel has recently sought support for measures to penalize EU member states with debt in excess of 60% of GDP — the nominal limit of the Stability and Growth Pact, or SGP. Meanwhile, Germany has introduced a balanced budget provision into its constitution. This is not unrelated to the word for debt in German, Schuld, which also means guilt and leads to Nietzsche’s claim that creditors seek to punish debtors for it. Yet what is needed in Europe now is also German: a Gestalt shift to recognize that while EU member states are deep in debt from salvaging banks and hedge funds, the European Union itself has next to none. It had none at all until May this year, when the European Central Bank began to buy up tranches of some member states’ national debt. But this is both costly and ineffective. Spreads on Greek bonds have risen to 10%, which is unsustainable. A serial default of several eurozone member states is possible. A simpler and costless solution would be to cut the Gordian Knot on national debt by transferring a share of it to the European Central Bank. If this were up to 60% of GDP, as allowed by the SGP, it would reduce the default risk for the most exposed member states, lower their debt servicing costs, and signal to financial markets that European governments have a proactive response to the current crisis, rather than being passive victims of unelected credit rating agencies. A ‘tranche transfer’ would not be a debt write-off. The member states whose bonds are transferred to the ECB would be responsible for paying the interest on them, but at much lower rates. Yet debt stabilization alone is not the answer to Europe’s current crisis. EU governments are aiming to cut both debt and fiscal deficits on a scale that threatens beggar-my-neighbor deflation, denies their 2008 commitment to a European Economic Recovery Plan, and risks a double dip recession and a massive crisis of confidence both in the markets and in governments. The eurozone needs to learn from Roosevelt’s New Deal, whose success gave Truman the confidence to fund the Marshall Aid, from which Germany herself was a beneficiary. The key was borrowing to invest through US Treasury bonds. These do not count toward the debt of US states such as California or Delaware, nor need European bonds count toward the debt of EU member states. Many economists have claimed that Europe cannot save itself until it has the fiscal federalism to transfer resources from stronger to weaker member states. Germany is strongly opposed to this. Yet Europe neither needs such fiscal federalism, nor the ‘economic government’ called for by Nicholas Sarkozy, to finance a New Deal-style recovery program. The institutions and powers are already in place. The European Investment Bank — already twice the size of the World Bank — issues bonds that are its liability, not that of member states, which is why national governments need not count funding from it on their national debt. Since 1997, the EIB has been given a joint cohesion and convergence remit by the European Council to invest in health, education, urban regeneration, green technology and support for small and medium firms. Since then it has quadrupled its annual lending to €80 billion, or two thirds of the ‘own resources’ of the European Commission, and could quadruple this again by 2020. This would be equivalent in funding terms to postwar Marshall Aid. The EIB only co-finances investments. But this could be matched by net issues of EU bonds or euro bonds by the ECB, which would attract surpluses from the central banks and sovereign wealth funds of emerging economies and stabilize the eurozone. When Jacques Delors proposed such bonds in 1993, both Germany and France were opposed. Now only Germany is opposed. Nor does this depend on the ECB in place of governments. The Lisbon Treaty confirms that the ECB’s primary objective shall be to maintain price stability. But also that “without prejudice to that objective, it shall support the general economic policies of the Union in order to contribute to the achievement of the latter’s objectives.” This mirrors the constitution of the Bundesbank, which obliges it “to support the general economic policies of the government.” The European Council is also empowered by the Treaty to define “general economic policies,” and the European Economic Recovery Plan is already one of them. With the EU heading for a double dip recession, there is no risk to price stability. This calls for a German Gestalt shift both on debt stabilization and on issuing EU bonds. Or, if Germany will not shift, their introduction — like the euro itself — by some rather than all member states both to safeguard the eurozone and to make a reality of a European recovery program. Stuart Holland is a visiting professor Faculty of Economics University of Coimbra and former adviser to Jacques Delors. Cross-posted from New Deal 2.0 .

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Dr. Leslye Obiora, JD, Former Minister of Mines and Steel for Nigeria, Joins Sunergy Advisory Board and Adds Key High Level Business and Political Contacts in West Africa

November 8, 2010

SCOTTSDALE, AZ–(Marketwire – November 8, 2010) –  Sunergy, Inc (the “Company”) ( PINKSHEETS : SNEY ) is pleased to announce that Leslye Obiora is a tenured and full Professor of Law at the University of Arizona. She recently served as the Minister of Mines and Steel for the Federal Republic of Nigeria and is the recipient of several distinguished awards, including fellowships from the Center for Advanced Study in the Behavioral Sciences at Stanford, Institute for Advanced Studies Fellowship at Princeton, Rockefeller Foundation Bellagio Study Center, and the Djerassi Resident Artist Program. She served as the Coca Cola World Fund Visiting Faculty at Yale University in 2009; she has been the Genest Global Faculty at Osgoode Hall Law School in Toronto and the Visiting Gladstein Human Rights Professor at the University of Connecticut. Dr. Obiora is the founder of the Institute for Research on African Women, Children

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Jenny Darroch: Holding onto Brand Positions Through Turbulent Times

June 22, 2010

We know that good marketing practice means knowing: (1) who your target market is; (2) what problem(s) your target market is trying to solve; (3) what your brand’s value proposition is; and, therefore, (4) whether your brand will solve your target market’s problem. But recessions can be tough on brands because the relationship between consumer problems and brand solutions often becomes decoupled and preconceived mental models we hold of our markets are called into question. That’s why we see brands trying to reposition in an effort to remain relevant (think: Starbucks) or hold onto their original position in the hope that the brand will survive the recession (think: Singapore Airlines or Abercrombie & Fitch). At the start of the recession, Abercrombie & Fitch declared that it would not lower its prices even though sales were down 34% year on year and David Cupps, the General Counsel and Secretary at Abercrombie & Fitch, was quoted as saying the brand would not offer hefty discounts because such “discounts could hurt the brand’s integrity and appeal in the long run” . In May 2010, same store sales at Abercrombie & Fitch were down 3% year on year at a time when rival stores were starting to show small gains . One commentator suggested that Abercrombie & Fitch might have lost its appeal and is no longer seen as cool by its target market. By staying true to its brand position, did Abercrombie & Fitch fail to stay relevant in a changing market? Singapore Airlines is another example of a brand that stayed committed to its market position during the recession. Just before the financial markets collapsed in 2008, Singapore Airlines converted two of its US-Singapore routes to business class only. The cost to travel on this route was $8,000. Rather than reposition the brand, Singapore Airlines instead choose to park planes and cut costs in an effort to ride out the recession (Fortune, June 24, 2010). A clever move from a marketing point of view and hopefully one that will pay off for Singapore Airlines. Not only does the relationship between consumer problems and brand solutions become fragile during such turbulent times but the recession has also exacerbated a general mistrust consumers already had toward brands. This is why some brands have no choice but to reposition or, in the case of AIG, rename. Bloomberg BusinessWeek (June 7, 2010) reported that AIG has sold and its fund management division, which is now called PineBridge Investments, sold its auto insurance division, which is now called 21st Century Insurance, renamed it core property casualty company Chartis and renamed its annuities business National Western Life. Singapore Airlines decided to remain focused on its brand position on the basis that the recession, and its effects on corporate travel, was cyclical. Indeed, recessions are cyclical but in the case of the Great Recession, the recession has been longer and deeper than any we have experienced in our life times. It takes a bold company to do what Singapore Airlines did. Jenny Darroch is on the faculty at the Drucker School at Claremont Graduate University. She is an expert on marketing strategies that generate growth. See www.MarketingThroughTurbulentTimes.com

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Penn State Drilling Study Questioned Over Industry Tie

June 14, 2010

STATE COLLEGE, Pa. — A Penn State study that paints a rosy forecast on the economic potential of natural gas drilling has been greeted with skepticism from a citizens’ group and a think tank that favors a severance tax largely because the research was funded by an industry group. The Marcellus Shale Coalition will pay more than $50,000 for the study released last month co-authored in part by researchers at Penn State’s College of Earth and Mineral Sciences, the university said. The industry group, in a release on its website, has boasted that among key findings are that “safe and steady development of clean-burning natural gas” in Pennsylvania had the potential to create 212,000 new jobs over the next decade, along with thousands already created. The study also said gas drilling-related activities could create more than $1.8 billion in state and local tax revenues over the next 18 months. Skeptics are wary of results, especially at a time when lawmakers are weighing the merits of installing a severance tax on natural gas extracted from the rich reserve that lies deep underneath most of Pennsylvania. The study was an update of a report last summer from the same researchers, and the Marcellus Shale Coalition paid more than $43,000 for that work. The cover page of the study includes the Penn State name and logo. The second page notes the industry group paid for the study, and includes a disclaimer that opinions and conclusions “are those of the authors and not necessarily those of” the university or the coalition. “What they are doing is distorting the discussion in Pennsylvania,” Jon Bogle, a member of the Responsible Drilling Alliance, said in a phone interview, “because they’ve been able to use Penn State as an authority in what they say.” A separate study by the school in 2008 set off the current wave of public interest in the potential of natural gas drilling and burnished the school’s reputation as a go-to source for industry, lawmakers and citizens. Bogle, in a letter for his Williamsport-based citizens group, asked university president Graham Spanier to “publicly disavow” the recent research because of what he called “greatly exaggerated” results. The group’s letter also makes reference to questions about the research from the liberal-learning Pennsylvania Budget and Policy Center, which favors a natural gas severance tax to help fund drilling-related environmental and local costs, as well as education and health care. Michael Wood, research director for the Harrisburg-based center, said the issue is not so much with funding behind the study, as much as methods used by researchers. As an example, the center has noted that the U.S. Bureau of Labor Statistics estimated there were more than 10,000 people directly employed by the industry in Pennsylvania. A report last year from the Marcellus Shale Education & Training Center, at the Pennsylvania College of Technology in Williamsport – which is also affiliated with Penn State – estimated the number of full-time natural gas-related jobs in north-central Pennsylvania could more than double to between 3,200 and 5,400 positions by 2013, depending on the success of wells. A study earlier this year from the state’s Center for Workforce Information & Analysis estimated gas drilling jobs could grow 55 percent from 2006 to 2016 to more than 12,400 positions statewide. “This is great. … These are good paying jobs, but a lot different than the 200,000 jobs,” Wood said. State Rep. David Levdansky, D-Allegheny, who favors a severance tax and a moratorium on leasing public land for gas drilling, said he was disappointed his alma mater “has chosen to serve as a facade for an industry-sponsored project … It doesn’t meet the rigorous standards of good academic research as far as I’m concerned.” But it was not unusual for such technical or economic impact studies to be funded by industry, said one of the study’s authors, University of Wyoming energy economics professor Tim Considine, who taught at Penn State until 2008. Considine said while their work may serve as a lightning rod for a sensitive topic, “the methods we use are standard … our analysis can stand up to any sort of scrutiny.” The university has taken no position on the findings or recommendations. “At the end of the day our faculty try to stay out of the politics and just focus on the science,” Bill Mahon, vice president of university relations, said Monday. “Penn State is doing more than $765 million in annual research and the claim that we would jeopardize a stellar international research reputation over a small research project is a pretty big stretch,” he said.

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Morgan Stanley’s Asia Chairman Roach Will Move to New York From Hong Kong

June 4, 2010

By Bloomberg News June 4 (Bloomberg) — Morgan Stanley ’s Asia Chairman Stephen Roach will return to New York from Hong Kong, ending a three-year stay in the world’s fastest-growing region, to take up a teaching post at Yale University. Roach, formerly the firm’s chief economist, will remain with Morgan Stanley and assume the role of non-executive chairman for Asia from July 1, the New York-based brokerage said in a statement today. The 64-year-old economist, who has predicted China will overtake the U.S. as the dominant economy by 2025, relocated to Hong Kong in 2007 to lead a push to arrange more takeovers and stock sales in the region. Roach, who joined Morgan Stanley in 1982, said he wants to rejoin his family after three years “living out of a suitcase” in Asia and plans to use the teaching post to correct “misperceptions” of China. “I’m not walking away from Morgan Stanley,” Roach said in a telephone interview today. “I have a lot of our clients and will continue to spend as much time with them in the future as I have in the past.” Roach will travel regularly for Morgan Stanley and “stay connected to clients, governments and regulators in Asia and other parts of the world,” the firm said in today’s statement. He is also accepting a joint appointment at the Jackson Institute for Global Affairs and the School of Management, according to the statement. Yuan Advice Roach said last month that China’s policy of keeping its currency stable, which has been a point of contention for U.S. manufacturers and politicians, is “joined at the hip” to the asset allocation of its foreign reserve portfolio. He has criticized Paul Krugman ’s call for the U.S. to pressure China to allow a stronger currency, saying in a March interview with Bloomberg Television that it was “very bad advice.” Krugman, the Princeton University professor and Nobel laureate in economics, responded by saying he was “surprised” by Roach’s comments and his call for a stronger yuan was “based on pretty careful economic analysis.” “My views have not always been popular mainstream views,” Roach said in today’s interview. “I have very critical views on economies and markets from time to time. The firm has given me just a great platform to express my views.” Asian economies need to derive more from internal demand and not be overly reliant on exports to achieve a better structural balance, Roach added. ‘Intellectual Leader’ Before relocating to Asia in 2007, Roach had said the U.S. economy will stagnate because of an impending housing slump that would erode consumer spending. Before joining Morgan Stanley in 1982, Roach worked at Morgan Guaranty Trust Company and on the research staff of the Federal Reserve Board in Washington. Roach, who has a Ph.D. in economics from New York University, “is an intellectual leader on many global economic issues, including those related to China,” Morgan Stanley former CEO John Mack said in a statement announcing Roach’s appointment as Asia Chairman in 2007. At Yale University, he will teach upper level undergraduates and graduate students with a focus on Asia and macroeconomic policy. His first course will be on the Chinese economy this fall. “While Steve has made the decision to return to the U.S. and join the faculty at Yale, we are delighted he will also remain with the firm,” Chief Executive Officer James Gorman , said in the statement. Separately, Morgan Stanley plans to double its private bankers in Asia over the next three years as Gorman aims to boost profits from the global wealth management unit that he’d previously helmed. The company plans to hire almost 100 bankers in the region this year, Charles Mak , head of private wealth management for Asia, said in an interview. — Luo Jun and Kelvin Wong . Editors: Brett Miller , Malcolm Scott. To contact Bloomberg News staff of this story: Luo Jun in Shanghai at +8621-6104-7021 or jluo6@bloomberg.net

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Elena Kagan Picked for U.S. High Court as Path to Confirmation Seen Clear

May 10, 2010

By Greg Stohr May 10 (Bloomberg) — President Barack Obama selected Elena Kagan , his top U.S. Supreme Court lawyer and the former dean of Harvard Law School, to fill a vacancy on the court and for the first time give it three female members. Kagan, 50, would succeed retiring Justice John Paul Stevens and likely take his place in the court’s liberal wing on many issues. Kagan has an understanding of the law “as it affects ordinary people,” Obama said at the White House. “Her passion for the law is anything but academic.” A New York native and former Clinton administration official, she will face attacks from Republicans for opposing military recruiting on the Harvard campus because of the services’ gay ban. Confirmation is probable because Democrats and independents hold 59 seats in the Senate and need help from only a single Republican to ensure a floor vote on the nomination. Justice Sonia Sotomayor , who Obama named to the court last year, won confirmation 68-31, with nine Republicans voting to approve her. Kagan, whom Obama appointed as the first female U.S. solicitor general, would be the youngest member of the nine- justice court and the only one who hadn’t previously served as a lower court judge. She won confirmation as solicitor general last year on a 61-31 vote. Bridge Builder At Harvard, where she was the first female dean, she built a reputation as a bridge builder, supporting conservatives Jack Goldsmith and John Manning for teaching positions. Faculty colleagues including Charles Fried , who served as solicitor general under Republican Ronald Reagan , credit her with easing the ideological strife that had pervaded the campus. Kagan also hosted a celebration at Harvard honoring conservative Justice Antonin Scalia . “She is a trailblazing leader, the first woman to serve as dean of Harvard Law School and one of the most successful and beloved deans in that school’s history,” Obama said. Fried was one of five former Republican solicitors general to support her nomination for that position last year. Although some Republicans questioned whether she had enough experience for the post — she had never argued a case in court — she was confirmed. Kagan has limited her public comments on policy issues, creating only a handful of openings for opponents to attack her fitness for the court. Military Recruiters She has drawn criticism for her efforts to block military recruiters from the Harvard Law School campus. Kagan backed a challenge to a law that required universities receiving federal funding to give the military equal access. The Supreme Court unanimously upheld the law in 2006. Her stint as solicitor general would probably prevent her from taking part in some Supreme Court cases early on. The last solicitor general to ascend to the court, Thurgood Marshall , disqualified himself in more than 60 argued cases in his first term, mostly because his office had played a role in the litigation. Kagan attended Princeton University and then Harvard Law School. She clerked for Marshall, whom she describes as one of her heroes, and spent two years as a litigator at Williams & Connolly LLP in Washington. She later took a teaching job at the University of Chicago Law School, where she helped recruit Obama to the faculty. Kagan worked in the Clinton administration’s White House counsel’s office and then as a domestic policy adviser, acting as the administration’s lead negotiator on anti-tobacco legislation. In 2003, she became the first female dean of Harvard Law School. Disappointed Liberals Since being nominated as solicitor general, Kagan has disappointed liberals with some of her positions, particularly on terrorism questions. At her confirmation hearing last year, she said that, should U.S. agents capture a suspected al-Qaeda fundraiser abroad, that person could be held indefinitely as an enemy combatant. As solicitor general, she urged the Supreme Court to block Guantanamo Bay inmates who weren’t considered a threat from being released into the U.S. In a 2001 law review article Kagan argued for stronger presidential control over administrative agencies, a position more often associated with conservative scholars. Kagan was one of four people who interviewed with Obama in person for the vacancy. The president also met with federal appellate judges Merrick Garland of Washington, Diane Wood of Chicago and Sidney Thomas of Montana. Kagan was one of four candidates who met with Obama last year before he picked Sotomayor. Kagan, who is Jewish, isn’t married and doesn’t have children. Stevens’ retirement will leave the court without any Protestant members for the first time. To contact the reporter on this story: Greg Stohr in Washington at gstohr@bloomberg.net .

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Partisan Dispute in U.S. Senate May Imperil Obama Judicial Nominee Liu

April 17, 2010

By Laura Litvan April 17 (Bloomberg) — Senate Republicans suggested they may seek to derail the nomination of law professor Goodwin Liu to be a federal appeals court judge, drawing battle lines that might extend to the coming debate over a U.S. Supreme Court nominee. A Senate Judiciary Committee confirmation hearing yesterday for Liu, a professor at the University of California, flared into a partisan dispute over judges’ power to interpret the U.S. Constitution. The panel’s ranking Republican, Senator Jeff Sessions of Alabama, said Liu’s writings as a professor “represent the very vanguard of what I would call intellectual judicial activism.” “Based on what I’ve read, I’m highly concerned,” added Senator Tom Coburn , an Oklahoma Republican. Democrats defended Liu, and Chairman Patrick Leahy of Vermont said he will press for Senate confirmation. Liu defended his writings and said he understands the difference between the role of an academic and a judge bound to uphold precedents. “There’s a clear difference between what one would write as a scholar and how one would approach the role of a judge,” Liu said. The skirmishing over President Barack Obama ’s nomination to the 9th U.S. Circuit Court of Appeals in San Francisco is a precursor to a battle over a replacement for retiring Supreme Court Justice John Paul Stevens if Obama picks a liberal, said Carl Tobias , a law professor at the University of Richmond School of Law. ‘Frame’ Debate “The way the Republicans have characterized Liu, it does seem similar to the way they may try to frame the debate for the nominee to the Supreme Court,” Tobias said. Obama is seeking to reshape the judiciary after eight years of appointments by former President George W. Bush , a Republican. Liu, 39, is himself a possible Obama choice for the high court at a later date, and he may be the most liberal of Obama’s judicial nominees. Liu is former chairman of the board of the American Constitution Society , a Washington-based group of liberal lawyers and law students. He is a co-author of a book that says judges should interpret some portions of the Constitution — including those pertaining to privacy rights — using modern-day views. At yesterday’s hearing, Liu was asked about his positions on school desegregation, the death penalty and gay rights. Republicans questioned him about his opposition to Supreme Court Chief Justice John Roberts and Justice Samuel Alito when they were nominated to the high court by Bush. ‘Shoot and Kill’ Sessions pointed to Liu’s comment in testimony opposing Alito that his “record envisions an America where police may shoot and kill an unarmed boy to stop him from running away with a stolen purse,” and where “federal agents may point guns at ordinary citizens during a raid, even after no sign of resistance.” Liu said he respects Alito’s accomplishments and regards his own comments as “unnecessarily colorful language.” Liu also apologized for earlier omissions in responding to a committee questionnaire. He later submitted new details about his writings and public appearances that sparked Republican calls for a delay in the hearing. Sessions and other Republicans have said his initial omission of more than 130 items could disqualify him. Liu said he was responsible for the oversights, adding that many of his appearances were informal “brown bag” lunches that he didn’t carefully record. Liu Apology “I’m sorry the list is long, and I’m sorry I missed them the first time,” Liu said. Republican Senator John Cornyn , a former state attorney general in Texas, said Liu lacked adequate experience as a trial lawyer to become a judge. The son of Taiwanese immigrants, Liu is a graduate of Yale Law School and was a Rhodes Scholar. He served as a law clerk to Supreme Court Justice Ruth Bader Ginsburg and worked in private practice before joining the faculty at the University of California in 2003. There are currently no Asian Americans serving on the bench in the U.S. appeals courts, and none has ever served on the Supreme Court. Senator Dianne Feinstein of California joined other Democrats on the committee in praising Liu. His nomination may be a test of Republicans’ ability to defeat Obama judicial candidates now that Democrats no longer have the 60 votes needed to end filibusters by the minority. Democrats have 59 votes in the chamber after they lost control of a Massachusetts Senate seat three months ago. Sessions told reporters during a break in the hearing that he views Liu as someone who is “trying to identify ways to empower courts to promote social agendas.” “I haven’t seen anything that made me feel any better,” he said. To contact the reporter on this story: Laura Litvan in Washington at llitvan@bloomberg.net .

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Nobel Laureate Spence Says U.S. Economic Recovery to Take `Several Years’

March 10, 2010

By Vincent Del Giudice and Thomas R. Keene March 10 (Bloomberg) — The U.S. faces an extended recovery from the recession even after the government infusion of cash into stimulus programs and the banking system, said Andrew Michael Spence , a Nobel laureate in economics. “Right now the expectations are that somehow the government can magically restore the economy to balance,” Spence said in an interview today on Bloomberg Radio. “A more realistic view is it’s going to take several years.” Federal Reserve Chairman Ben S. Bernanke said last month the economy is in a “nascent” recovery that still requires low interest rates to encourage demand by consumers and businesses once federal stimulus fades. Economists surveyed by Bloomberg News predict growth of 3 percent this year and next following a 2.4 percent contraction in 2009, which was the worst performance for a single year since 1946. “Diminished consumption” in the U.S. will be a drag on world growth, Spence said. “It’s very hard to progress on some global issues without a very strong America,” he said. The U.S. government should focus on support for the unemployed “over a more extended period” to bolster consumer confidence and spending, he said. Spence is joining the faculty of New York University Stern School of Business effective Sept. 1 after teaching at Stanford University in California. He shared the Nobel Memorial Prize for Economics in 2001 with George Akerlof of the University of California, Berkeley, and Joseph Stiglitz of Columbia University in New York, for their “analyses of markets with asymmetric information,” according to the Nobel Foundation. The U.S. economy has lost 8.4 million jobs since the recession started in December 2007, and the unemployment rate reached a 26-year high of 10.1 percent in October. The rate was down to 9.7 percent in February. (In the U.S., hear Bloomberg Radio on satellite radio: Sirius Channel 130 and XM Channel 129. In New York City, tune to WBBR 1130 on the AM dial.) To contact the reporters on this story: Vincent Del Giudice in Washington vdelgiudice@bloomberg.net ; Thomas R. Keene in New York tkeene@bloomberg.net .

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Ilene H. Lang: Workplace Inequity Still Starts from Day One

February 17, 2010

In 1962, the faculty at Harvard Business School voted to accept women — eight were admitted the next year. I was among 33 women out of a class of 800 in 1973. As graduation loomed that year, an on-campus recruiter talked to several of my male classmates about a well-paid management position at a leading company in Boston. He had offered them a role with wide latitude to shape operations and great opportunities to progress up the ladder. But when I talked to the recruiter, the job description was altered. The scope was narrow. The pay was less. Disappointed, I turned it down. That was nearly 40 years ago, but as Catalyst’s Pipeline’s Broken Promises reveals, female MBA grads still start lower, are paid less and climb more slowly than equally qualified men. Despite decades of efforts to create opportunities for women’s advancement, deep inequities exist. The report surveyed more than 4,100 women and men MBA alumni — the “best and the brightest” from 26 leading business schools around the globe. The results accounted for time elapsed since earning the MBA, industry, region, career aspirations, previous work experience, and parenthood status. These factors being equal, the survey found: • Women started at lower levels than men following business school. • Women averaged $4,600 less in their initial jobs. • Women were outpaced by men in salary throughout their careers. In fact, the gap in pay intensified as time went on. • Even if they both started at entry level, men progressed more quickly than women up the corporate ladder. • Although women and men step off the corporate track at equal rates, women paid a greater penalty than men in career advancement when they returned. • Overall — and perhaps not surprisingly — men were more satisfied with their careers than women, regardless of career path. What should businesses do to fix these disturbing trends? Companies must acknowledge that inequities are destroying a robust pipeline, and then guard against stereotypes influencing judgment. Managers must make assignments based on skills and talent — not presumptions. Companies that fail to address biases within their own practices do so at their own risk. Catalyst research has discovered time and time again that better bottom line performance correlates with higher representation of women in senior leadership. Firms that disadvantage women from the start– give them less pay and fewer opportunities to advance — are sabotaging their talent pipeline and undermining the sustainability of their leadership. Xerox Chairman, Anne M. Mulcahy, suggested to our researchers a simple test for companies to determine if systemic biases exist: “Take the resumes of the last 100 people hired, remove the names, do an assessment of where the hires should be positioned, and compare that with where they were placed.” What do you think you would see at your company? A woman’s first job out of business school sets the pace for the rest of her career — it should not seal her fate in the business world.

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An Insider�s View of the Real Estate Train Wreck

February 11, 2010

The first time I spoke with real estate entrepreneur Andy Miller was in late 2007, when I asked him to serve on the faculty of a Casey Research Summit. As John Mauldin, a former faculty member himself

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Corzine Is in Talks to Teach Economics or Government at Rutgers University

January 29, 2010

By Terrence Dopp Jan. 29 (Bloomberg) — Former New Jersey Governor Jon Corzine is in talks to teach at Rutgers University, his spokesman said in a telephone interview. Corzine may be an instructor of economics or government on a part-time basis for the state university in New Brunswick, said the spokesman, Josh Zeitz. Ruth Mandel , director of the school’s Eagleton Institute of Politics , said discussions have centered on him teaching there as part of the Rutgers Program on the Governor that examines the history and role of the office. “He is himself the product of a state university and he thinks it’s important that a former governor has a long-standing relationship with them,” Zeitz said. Corzine, 63, the former chairman of Goldman, Sachs & Co. , also is exploring private-sector opportunities, Zeitz said. He declined to elaborate on those talks. The one-term Democrat was defeated by Republican Chris Christie in the November election as voters rejected his handling of a U.S. economic slump that left the state facing an $8 billion budget deficit. Christie, 47, took office Jan. 19. Mandel said the Eagleton project examining governors began talks with Corzine last year about preserving papers and other records of his administration. After the election, the school made the overture about the position, she said. Governor’s Program The Eagleton project seeks to promote research and discussion of the nation’s governors and has begun archiving records from New Jersey executives starting with Brendan Byrne, a Democrat who left office in 1983, according to its Web site . “The possibility of doing some teaching is certainly part of the discussion,” Mandel said. “There are no courses on the books yet or anything that’s set.” The Illinois-born son of a farmer and schoolteacher, Corzine graduated from the University of Illinois at Urbana- Champaign in 1969 and received his Master of Business Administration from the University of Chicago in 1973. Corzine moved to New Jersey after he was recruited to be a bond trader in 1975 by New York-based Goldman. He became chairman and CEO in 1994 and left the firm in 1999. Corzine was elected to the U.S. Senate the following year and became governor in 2006. He currently lives in Hoboken. “He would be a wonderful asset to their faculty,” said Senator Raymond Lesniak , a Democrat from Elizabeth and 1971 Rutgers graduate who wasn’t aware of Corzine’s discussions with the school. “The guy is a former governor and he was chairman of one of the world’s largest financial institutions. That experience brings a tremendous amount of knowledge for the students of Rutgers.” Corzine would follow other New Jersey ex-governors into academia if he joins the Rutgers faculty. Former Governor James McGreevey taught law and ethics at Kean University in Union after leaving office in 2004, while former Governor James Florio , a Democrat who served one term in the early 1990s, has taught at Rutgers. To contact the reporter on this story: Terrence Dopp in Trenton, New Jersey, at tdopp@bloomberg.net

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Jenny Darroch: Marketers, Are you Listening to the Language Used to Describe the New Apple Tablet?

January 19, 2010

There aren’t many companies around that practice marketing the way that Apple does. I call Apple’s approach to marketing “Heretical Marketing” because Apple clearly departs from accepted beliefs or practices in developing and launching new products. Here’s why. Central to marketing is the goal of identifying customer needs and wants, such as problems consumers have with existing products, and then developing solutions to satisfy those needs. One of the problems that plagues marketing is its limited success in coming up with ideas that will result in the development of a disruptive innovation. The problem is that when we go to the market to identify customer needs and wants, people will respond in terms of the mental models they hold of the market. What this means is that when people respond to marketing research, most will do so in terms of the product attributes they are familiar with based on what they know about products currently available on the market. It is difficult, if not impossible, for respondents to suggest solutions for problems they didn’t know they had or evaluate something that is beyond their comprehension. Why then did I call Apple a bunch of “Heretical Marketers?” Because, what Apple has become well known for is first developing a solution (a new product) and then building demand for the new product by telling consumers about the needs and wants the new product solves. As Kim of Mac Rumors said when asked about the rumored Apple Tablet, “People hold out hope that Apple will surprise them and make a device they didn’t even know they wanted ( The Los Angeles Times , December 31, 2009).” Other things we read about Apple simply demonstrate good practice: a strong brand we trust to deliver something reliable, exciting and innovative, an organization that manages to build hype and gets free publicity along the way, and an organization that is confident enough in its own ability that it lets the product find its own feet in the market. As Daniel Lyons wrote recently in Newsweek : … The cool think about technology is that no one ever knows how new ideas will evolve… The lesson we’ve learned since then is that even the people who created the iPhone could not have imagined what people would do with the device. And we know that Apple has been successful not just in monetary terms but in marketing terms because as a consequence of buying the iPod or iPhone, consumer behavior has substantially altered. There aren’t that many products around that can be attributed with creating categories, forming new reference points for consumers and underscoring cultural shifts. I liked the title of Lyons’ article: “The Tablet will be what we make of it” because we can’t comprehend the attributes the Tablet will embody, nor do we know who will first adopt the Tablet and what these early adopters will use the Tablet for. And of course, we don’t know how the Tablet will evolve once it hits the market. It will be interesting to look back in a couple of years and see just how much impact the Tablet has had on consumer behavior. Jenny Darroch is on the faculty at the Drucker School at Claremont Graduate University. She is an expert on marketing strategies that generate growth. See www.MarketingThroughTurbulentTimes.com .

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Jenny Darroch: It Is Time to Refocus on Education, R&D and Innovation If We Are to "Think Different" and Remain Competitive

December 9, 2009

I have often wondered what it takes for a dominant economy to fail as Spain did in the late 17th Century, France did in the late 18th Century, or the Ottoman Empire did in the mid-19th Century. Niall Ferguson, a Professor of History at Harvard University, provided great insights on this phenomenon in a recent Newsweek article in which he questioned the future of the US (December 7). The trends Professor Ferguson identified are frightening. He predicts that by 2039, federal debt held by the public will reach 91% of GDP, up from 41% in 2008 (he quotes an even more pessimistic forecast that puts debt at 215% of GDP by 2039). As Professor Ferguson notes, “This is how empires decline. It begins with a debt explosion. It ends with an inexorable reduction in resources available for the Army, Navy, and Air Force.” So how can such staggering levels of debt be reduced? If households incur exorbitant levels of debt, short of declaring bankruptcy, they can cut expenses or increase income. Countries can do the same. For a government to increase its income it needs to either increase marginal tax rates or increase the tax base — that is, find ways to encourage economic growth so that people and organizations earn more and the tax on this additional income finds its way into government coffers. Innovation is critical to long-term economic growth. CNNMoney.com ran an article called “Driving change: innovation is key to the future of the US auto industry” (December 1). The central thesis of the article was that the US auto industry was at a crossroads. Consumers around the world are demanding “greater fuel efficiency and cutting edge design” and the question is whether US automakers can respond or whether the balance of power will move to other economies with emerging auto industries, such as India and Tata Motors. Steve Jobs’ advice to the US auto industry is to “think different.” The ability to “think different” is critical to the future success of many industries. To innovate as a way to generating growth within organizations can only help industries and the economy as a whole. Innovation requires inputs: money to support the development of ideas before the idea generates any revenue, a highly skilled labor force capable of working with cutting edge concepts and taking these ideas to market, an infrastructure to support the commercialization of ideas, and business conditions that encourage innovative organizations to stay in the US. It is easy to see how a recession fuels a downward spiral: demand falls, expenditure is cut, income falls, demand falls (again), etc. When looking at where governments and organizations make expenditure cuts, “safe bets” include R&D because cutting R&D expenditure does not have an immediate effect on consumer demand nor is R&D expenditure not tied to the immediate production of goods. Similarly, education budgets are cut, and in some States such as the State of California, cut drastically. The impact of a deteriorating education system has an even longer-term impact on innovation because it may take years to feel the effects of deterioration in the quality of knowledge workers, people who have the capacity to drive an innovative society. While I am not convinced we are completely out of the “recession woods” yet, I do believe the time has come to be more future-focused. In particular, it is time to focus on restoring expenditure in areas that will drive innovation and generate economic growth to such an extent that the income base expands and the level of debt does not eventually blow out to an unconscionable level. Jenny Darroch is on the faculty at the Drucker School of Management. She is an expert on marketing strategies that generate growth. See www.MarketingThroughTurbulentTimes.com

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Elizabeth Warren Winning Means Banks Won’t Sell When They Can’t Explain It

November 19, 2009

By Mark Pittman and Bob Ivry Nov. 19 (Bloomberg) — In Elizabeth Warren’s world, credit card contracts would be so simple a teenager could read and understand them in four minutes. Loans would be as easy to compare as toasters, and online credit scores would be free. “We need a new model: If you can’t explain it, you can’t sell it,” said Warren, 60, a Harvard University law professor who is head of the Congressional Oversight Panel for the Troubled Asset Relief Program , in an interview. The 1966 high school debate champion of Oklahoma may get what she wants. The House of Representatives will vote in December on her idea . She suggested a Financial Product Safety Commission in a 2007 article in the magazine Democracy. President Barack Obama proposed it to Congress in June as the Consumer Financial Protection Agency. Warren won’t discuss whether she may be a candidate to lead the authority, which would have the power to regulate $13.7 trillion of debt products. A Warren nomination would tell banks that Obama is determined to force reduced checking-account fees and limit lender claims in mortgage advertising, among other measures the industry opposes, said Thomas Cooley , dean of New York University’s Stern School of Business. “She is an ideological crusader,” Cooley said in an interview. “She is a person who will stir up a lot of trouble.” In a column in Forbes magazine, Cooley accused her of “waging a self-righteous holy war.” The criticism doesn’t bother her, Warren said. She learned to shake things off growing up in Norman , Oklahoma, with three older brothers “in a family of car parts and fist fights,” she said. “It was get tough or die, and I decided to get tough.” Coors Light Her detractors confuse prairie-born populism with elitism, probably because of her job, she said. On the faculty of Cambridge, Massachusetts-based Harvard since 1992, she is the Leo Gottlieb Professor of Law . Before Harvard, she taught law at five other universities in four states. “Those comments are intended to be nasty, not accurate,” said Warren, who graduated from high school at 16 and said she prefers Coors Light beer over iced tea. “I think a lot of Americans are not sure which side Washington is on, the side of banks or the side of the people.” Warren is a superstar to anyone who has been baffled by financial fine print, according to Arianna Huffington , editor- in-chief of the Huffington Post , a news and opinion Web site. “She’s been courageous in a culture where every other official is checking to see if what they’re saying is going to affect their career,” said Huffington, who met Warren when the professor was a guest on CNBC’s “ Squawk Box ” and Huffington was hosting. “If she doesn’t get the job, it would really mean that the special interests have won.” Freedom of Choice A measure the House Financial Services Committee approved on Oct. 22 would empower the consumer agency to set limits on checking account overdraft fees and to ban credit cards with escalating rates and lending practices it deems predatory. Similar legislation is before the U.S. Senate Banking Committee. If such an authority had existed, Americans might not have taken out the subprime and other mortgages that touched off the recession when house prices fell, Warren said. Congress is rewriting financial rules after the 2007-2008 crisis caused $1.67 trillion in writedowns and losses. The agency’s opponents, including the U.S. Chamber of Commerce, the American Bankers Association and the Financial Services Roundtable , contend another layer of regulation would bury small community banks and rob consumers of freedom of choice in making basic financial decisions. ‘Pitchforks and Torches’ “It is positively Orwellian that, through this legislation, Democrats will empower an unelected bureaucrat to tell their fellow citizens whether or not they can fly on an airplane, take a vacation or purchase a home,” Representative Jeb Hensarling , a Texas Republican on Warren’s TARP panel, said Oct. 22. He declined through his spokesman, George Rasley, to be interviewed for this story. If Congress creates the watchdog, the director should have “a working knowledge of how financial institutions operate,” said Scott Talbott , the financial roundtable’s chief lobbyist. “The time for pitchforks and torches is over,” Talbott said in an interview. “The focus should be on reforming the system and making it better.” Warren’s Wall Street experience consisted of a three-month summer associate position in 1975 at Cadwalader, Wickersham and Taft , the financial district’s oldest law firm, according to its Web site. Her aunt and mother moved to Rockaway, New Jersey, to care for her 4-year-old daughter while Warren worked at 2 Wall Street. At first, she said she thought she was being made fun of as a rookie from the sticks. Pork Bellies “I got out my little notebook, and the senior partner started talking about frozen pork belly futures,” Warren said, recalling an early meeting. “How dumb do they think I am? I wasn’t going to fall for it because I am a sophisticated person. It finally occurs to me that he is serious, and that there is a market for pork bellies.” At Cadwalader she earned “an astonishing amount of money” that she used to get braces, she said. By the time she received her degree in 1976 from Rutgers School of Law in Newark, New Jersey, she was expecting her second child, Alex. After Wall Street firms showed no interest in hiring a pregnant recent graduate, Warren said she worked from home, writing wills and doing real estate closings for “anyone who came in the door.” “At Cadwalader, I did a $9 million fifth mortgage on a ship,” she said. “In private practice, I worked for a couple starting a little business who had to negotiate some insurance contracts for about $18,000, but it mattered more to them than that ship mortgage mattered to anyone.” Trusting FDR Warren said she probably inherited her populism from her grandparents, who built one-room Indian schools during the Great Depression. While they didn’t understand the financial world, they knew President Franklin D. Roosevelt made their money safe by establishing the Federal Deposit Insurance Corp. , she said. There was little cash to spare during her childhood, she said. Her father was a maintenance man and her mother worked part-time taking catalog orders. Warren didn’t let them know she paid $25 application fees with baby-sitting money until she won a scholarship to George Washington University in Washington. “Then, I could tell them I could go to college,” she said, “and someone else would pay for it.” Warren began at George Washington at 17. At 19, she married mathematician Jim Warren, who worked at the Johnson Space Center in Houston , and finished her degree at the University of Houston. They divorced in 1978. Her second husband, Bruce Mann, is Harvard’s Carl F. Schipper Professor of Law and author of 2002’s “Republic of Debtors: Bankruptcy in the Age of American Independence” (Harvard University Press, 358 pages, $29.95). Credit Card Snakes Warren said she doesn’t know her credit score — “I assume it’s good” — and maintains zero Visa and MasterCard balances. “Credit cards are like snakes: Handle ‘em long enough and one will bite you,’’ she said. ‘‘You have to remember what are incomes to banks are outgoes to families.’’ Obama, with whom she attended a campaign event during the presidential race, read her work before proposing the consumer agency, according to Warren. She is the author of nine books, including two with daughter Amelia Tyagi, 38, a former McKinsey & Co. consultant who runs an executive placement office. Tyagi and her mother wrote ‘‘The Two-Income Trap: Why Middle-Class Mothers and Fathers Are Going Broke’’ (Basic Books, 255 pages, $26) in 2003 and ‘‘All Your Worth: The Ultimate Lifetime Money Plan’’ in 2005 (Free Press, 289 pages, $24.95). Senate Majority Leader Harry Reid , a Nevada Democrat, appointed Warren to the five-member TARP committee after she impressed him with her ‘‘strong pro-consumer views,’’ according to Jim Manley , Reid’s spokesman. Not Always Mainstream Warren, who began testifying before Congress more than a decade ago, wasn’t always accepted as a mainstream figure in Washington, said Representative Brad Miller , a North Carolina Democrat. He introduced a bill to create a Financial Product Safety Commission in 2007, and it went nowhere because consumers’ rights weren’t recognized as significant, he said. ‘‘It’s now a very serious proposal,” Miller said in an interview. “If it were not for her, I don’t think it would have gotten this much support. She knew what was important, what was necessary and what would help the bill get through,” Barney Frank , chairman of the House Financial Services Committee, called Warren a “great partner” in crafting the legislation. The Massachusetts Democrat said he speaks with her by phone twice a week. In her role overseeing the TARP, Warren has been critical of the administration, accusing the Treasury Department of undervaluing the stock warrants that were supposed to compensate taxpayers when banks repay their bailouts. A lack of transparency about how TARP functions “erodes the very confidence” it was to restore, her committee said in a report. Odd Hours Treasury Secretary Timothy Geithner declined to comment for this story through his spokesman, Andrew Williams . Named in May as one of Time Magazine’s 100 Most Influential People in the World , Warren teaches three days a week at Harvard, flying to Washington and New York for meetings, sometimes stopping just long enough to charge her laptop. She keeps a pace few could maintain, Miller said. “My last e-mail from her one Saturday night was after 11 p.m. and the first one on Sunday morning came before 7 a.m.,” he said. “It made me think she keeps some odd hours.” Warren travels to Los Angeles, where her son and daughter live, about every six weeks. She said she was there to share Halloween with her grandchildren, Octavia, 8, and Lavinia, 4, dressed as a sheep to complement Lavinia’s Bo Peep costume. Not Obama Country Her students suggested she be a guest on “The Daily Show with Jon Stewart ” on Comedy Central, she said. She was also interviewed by Michael Moore for his documentary, “Capitalism: A Love Story,” in which she makes a one-minute appearance in a segment about TARP. She’ll “talk to anyone” about consumer protection and her belief that government should stop bank profits earned at the expense of people cheated by “tricks and traps,” she said. “I made a decision at the beginning that the experts wrecked this economy and the public has a right to know what’s going on,” she said. “It’s our economy on the line and the experts can’t be trusted. I want everyone to be part of the solution to how we want to change our economic world. If it’s risky or makes me look stupid to someone, so be it.” Warren, whose TARP job paid her $114,733.04 through Sept. 30, has a high profile the White House should appreciate, said Damon Silvers , an oversight panel member, in an interview. “We were out in Colorado at a hearing for rural finance and people came up to her,” Silvers said. “That wasn’t exactly Obama country out there, if you know what I mean.” Warren reflects Obama’s belief in the good that government can do, said Howard Marks , chairman of Oaktree Capital Management LLC in Los Angeles, who said he met Warren when Huffington brought her to a dinner at his house. “We found out over the last eight years what kind of regulation you get from an administration that doesn’t believe in regulation,” said Marks, whose firm has about $67 billion in assets under management. “Now we’ll find out what oversight we will have from people who do.” To contact the reporters on this story: Mark Pittman in New York at mpittman@bloomberg.net ; Bob Ivry in New York at bivry@bloomberg.net .

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Deforestation Loses Ground to Fossil Fuels as Carbon-Emissions Culprit

November 5, 2009

By Catherine Airlie Nov. 5 (Bloomberg) — Deforestation’s relative contribution to global carbon emissions has declined as pollution from fossil fuels increased, according to a researcher at the faculty of earth and life sciences at VU University in Amsterdam. The removal of trees that can absorb carbon dioxide may now account for around 12 percent of global carbon emissions from human activities, according to a study led by Guido van der Werf and published in the academic journal Nature Geoscience. While forest destruction still causes “high emissions,” the “perspective has changed,” van der Werf said by telephone. “Carbon emissions from fossil fuel combustion have increased substantially” the article in Nature Geoscience said. That makes “the relative contribution from deforestation and forest degradation even smaller.” The Intergovernmental Panel on Climate Change estimated in 2007 that deforestation was responsible for 20 percent of greenhouse gas blamed for global warming. Almost 200 nations that will meet next month in Copenhagen have yet to agree on what role forests should play in a climate treaty intended to extend or replace the 1997 Kyoto Protocol. Van der Werf’s study could potentially allay concerns about an oversupply of forest credits in carbon markets. The study reflected a lower deforestation rate than the Intergovernmental Panel due to more detailed satellite imagery showing tree coverage. His research also said that “notable” CO2 is released by the destruction of peatlands, areas of partially decaying vegetation that covers around 2 percent of the world’s surface. Peatland destruction is responsible for 3 percent of human induced CO2 emissions and should be included in Copenhagen negotiations, the report said. “Negotiations should strive to be as inclusive as possible,” Van der Werf said. Carbon dioxide produced by destroying both peatlands and forests may account for around 15 percent of total carbon emissions, the study concluded. To contact the reporter on this story: Catherine Airlie in London at cairlie@bloomberg.net

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Jenny Darroch: McDonald’s on Ice

October 29, 2009

I read today that McDonald’s has pulled out of Iceland. The decision to withdraw is a combination of rising costs due to the weak Kronar against the German Mark (all products for McDonad’s in Iceland come from Germany) and the inability to hike prices a further 20% to recoup losses. To raise prices would have made the Big Mac in Iceland the most expensive in the world. For McDonald’s, exiting Iceland is not the first time that the corporation has exited a country. Recent examples include Barbados in 1996 and Bolivia in 2002 (among others). What is interesting to me is that we always expect big brands such as McDonald’s to sustain anything that is put in its path both locally and internationally. In this case, the weak Icelandic economy was just too much. The same almost happened to Starbucks when it launched in Vienna, Austria (the coffee capital of the world). In this case, the problem was taking a standardized product and rolling it out internationally without knowing what local reaction would be. Necessity is the mother of invention and the owner of the McDonald’s Franchise in Iceland is going to reopen as Metro – this time, using local produce. What is likely is that by combining the McDonald’s system with local tastes could result in some quite interesting innovations. I’m not sure how Starbucks influenced coffee consumption in Vienna or Vienna influenced coffee consumption in Starbucks but Starbucks is still in Vienna and, yet again, I am sure Starbucks had to make some adjustments in order to succeed. Jenny Darroch is on the faculty at the Drucker School of Management. She is an expert on marketing strategies that generate growth. See www.MarketingThroughTurbulentTimes.com

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Jenny Darroch: Eighty Years After Black Tuesday

October 29, 2009

And so it’s been 80 years since Black Tuesday — the day on which stocks plunged by 12% (having fallen by 13% the day before) triggering the Great Depression. If we were celebrating a marriage, we would be giving diamonds and pearls after 80 years. Hardly appropriate today when consumers are shunning luxury goods and instead preferring to consume small luxuries such as Sprinkles cup cakes, candy and soda. It’s a shame we aren’t talking about the 42-year anniversary because the appropriate anniversary gift then is improved real estate, or the 43rd year anniversary where the gift is travel or the 44th year anniversary where the gift is groceries (not all that romantic I know). But giving any of these gifts would certainly have the added benefit of lifting the economy out of recession. We all know that consumers are spending less during this recession. Even if consumers can afford to maintain their lifestyle we see evidence of changes to spending: stealth wealth has returned where people who can still afford to consume luxury goods are having to hide the fact; or affluent deprivation where consumers feel poorer and so cut back on expenditure out of concern for their future and the impact that rising health care costs, rising energy costs, depleted retirement accounts and likely increases in taxes to allow the government to repay the deficit will have on their lifestyle. We wait with bated breath to see what the next 12 months will bring. Jenny Darroch is on the faculty at the Drucker School of Management. She is an expert on marketing strategies that generate growth. See www.MarketingThroughTurbulentTimes.com

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Harvard Bet on Interest-Rate Swaps Backfires, Costing School $500 Million

October 17, 2009

By John Lauerman and Michael McDonald Oct. 17 (Bloomberg) — Harvard University’s failed bet that interest rates would rise cost the world’s richest school at least $500 million in payments to escape derivatives that backfired. Harvard paid $497.6 million to investment banks during the fiscal year ended June 30 to get out of $1.1 billion of interest-rate swaps intended to hedge variable-rate debt for capital projects, the school’s annual report said. The university in Cambridge, Massachusetts, said it also agreed to pay $425 million over 30 to 40 years to offset an additional $764 million in swaps. The transactions began losing value last year as central banks slashed benchmark lending rates, forcing the university to post collateral with lenders, said Daniel Shore , Harvard’s chief financial officer. Some agreements require that the parties post collateral if there are significant changes in interest rates. “When we went into the fall, we had some serious liquidity management issues we were dealing with and the collateral postings on the swaps was one,” Shore said in an interview yesterday. “In evaluating our liquidity position, we wanted to get some stability and some safety.” Harvard sold $2.5 billion in bonds in the fiscal year, in part to pay for the swap exit, even as the school’s endowment recorded its biggest loss in 40 years, the report released yesterday said. This is the first time the university has detailed the cost of exiting its swaps. Further Pressure “Substantial losses” in Harvard’s General Operating Account, a pool of cash from which bills are paid, further put pressure on the school, the report said. The net asset value of the account fell to $3.7 billion from $6.6 billion during the fiscal year, according to the report. Harvard has typically invested a large portion of this operating account alongside the endowment, generating “significant positive investment results,” the report said. This year, the endowment’s losses hurt Harvard’s cash, according to the report. Swaps are a type of derivative where two parties agree to exchange payments tied to a financing, typically receiving a variable-rate for a fixed-rate payment. The terminated contracts include three tied to $431.7 million of bonds the university sold in 2005 and 2007, the annual report said. Unwinding Swaps From New York to San Francisco Bay, tax-exempt issuers have paid hundreds of millions of dollars to unwind bond-and-swap transactions officials initially said would cut borrowing costs. The deals fell apart when municipal-bond insurers, who backed much of the underlying debt, lost their AAA ratings in 2008 and interest rates, instead of climbing, plunged to record lows in the worst credit crisis since the Great Depression. The swaps are often pegged to Securities Industry and Financial Markets Association lending benchmarks or the three- month dollar London-Interbank Offered Rate, known as Libor . Libor closed yesterday at 0.28 percent, from a 10-year high of 6.89 percent on June 1, 2000. Yale University in New Haven, Connecticut; Georgetown University in Washington and Rockefeller University in New York have reported losses related to interest-rate swaps, in some cases prompting the schools to pay termination fees to end the contracts. Lawrence Summers The annual report provides new details on Harvard’s derivative-related losses. Many were entered into in 2004, said Harvard spokeswoman Christine Heenan . Lawrence Summers , director of President Barack Obama’s National Economic Council, was the university’s president at the time. White House spokesman Matthew Vogel declined to comment. Harvard Management Co., which administers the endowment, has been run since July 2008 by Jane Mendillo , former chief investment officer of nearby Wellesley College. She took over from Mohamed El-Erian , now chief executive officer of Pacific Investment Management Co., which oversees the world’s largest bond fund from Newport Beach, California. He succeeded Jack Meyer , who ran it for 15 years, in February 2006. Harvard’s loss “says that people don’t understand the complexity of the products they are buying and selling and that doesn’t begin and end with mortgage securities,” said Robert Doty , a municipal finance adviser at American Governmental Services in Sacramento, California. “It shows that with these products that are so highly complex, people are a long way from knowing as much about these products as they think they do,” he said. Financing Construction The Harvard swaps involved bonds sold to finance a medical research building, graduate housing, parking and a Center for Government and International Studies , according to reports from Moody’s Investors Service. They were also used to lock in rates for future bond sales for an expansion of the campus across the Charles River in Boston that has since been scaled back. Harvard had 19 swap contracts with New York-based Goldman Sachs; JPMorgan Chase & Co.; Morgan Stanley; Charlotte, North Carolina-based Bank of America Corp. and other large banks, according to a bond-ratings report by Standard & Poor’s released on Jan. 18, 2008. Harvard paid “a large termination fee, but within the range that we’ve heard about over the last year,” Matt Fabian , the senior analyst and managing director of Municipal Market Advisors in Westport, Connecticut, said in an e-mail. “There is a reason why, regardless of the issuer’s sophistication, there should be limits to their exposure to derivatives and variable rate bonds.” Harvard has frozen employee salaries, slowed hiring, cut staff and offered other workers early retirement as part of a cost-cutting program to compensate for losses in its endowment. The fund, which dropped to $26 billion in value over the fiscal year from $36.9 billion, paid 38 percent of the school’s bills during that time, the report said. Alumni Request The Faculty of Arts and Sciences, Harvard’s biggest unit, which includes its undergraduate school, is asking alumni and donors for more funds that can be used immediately and without restrictions to help close a projected $110-million deficit in its 2011 budget, Dean Michael Smith said in a recent speech. Current-use gifts rose 23 percent to $291 million from $237 million in fiscal 2008, the report said. Harvard might have paid less to escape the swaps if it held out for better terms, Fabian said. “A lot of issuers don’t have that kind of cash, and so they waited, and relied on their dealers’ patience and largesse to hold off terminating,” Fabian said. “If Harvard had waited, the cost of terminating may well have been lower, but they weren’t willing to take that risk.” To contact the reporters on this story: Michael McDonald in Boston at mmcdonald10@bloomberg.net ; John Lauerman in Boston at jlauerman@bloomberg.net .

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Jenny Darroch: Marketing Strategy Has an Important Role to Play in Post-Recession Economic Growth

October 7, 2009

Paul Romer, a Professor of Economics at Stanford University, is best known for his work on economic growth theory. In his words, “Economic growth occurs whenever people take resources and rearrange them in ways that are more valuable.” Using the metaphor of cooking, Romer adds, “Economic growth springs from better recipes and ideas, not just from more cooking.” Where developing countries can enjoy economic growth by adopting ideas developed elsewhere, those in the developed world need “strong incentives for discovering new ideas at home.” The Romer view was echoed in the latest edition of The Economist (October 3, 2009, p. 11), in which a number of recommendations were outlined for generating economic growth as the world starts to pull out of the current recession: (1) shore up demand without wrecking public finances; (2) contain unemployment without inhibiting the shift of workers from old industries to new ones; and (3) fostering innovation and trade. It is this third point, economic growth via innovation that I see as essential to any economic recovery. The only problem is that the benefits of investment in new product development are not likely to be felt in the short-term. Marketing, but not marketing alone, plays a central role in flushing out better recipes and ideas. I suggest that for marketing strategy to contribute to post-recession economic growth, more attention needs to be paid to the way in which new ideas are identified. What this means is that instead of being impressed by sophisticated marketing research tools and techniques (some of which might be appropriate to the problem at hand), marketing managers should focus on research that allows them to unveil the underlying needs and wants consumers seek to satisfy when using a product. Put another way, many research methods – in particular, quantitative research methods, do not allow for an in-depth analysis of “Why”, but instead ask questions to identify “What?”, “When?”, “How?” and “By Whom?”. By not asking “Why”, marketing researchers miss opportunities to identify other ways in which to satisfy the same needs and want and the organization runs the risk of not identifying new ideas and recipes. It is easy to illustrate with examples. Think of any product you buy and then think about the underlying need and want you seek to satisfy by consuming the product. I used to buy CDs because I wanted to listen to music in the car and at home. I used to send a fax as a quick way of sending a copy of a document. I used to fly to meetings because I want to talk to someone face-to-face. I have satisfied the same needs with different products: iTunes, scanners and email, and Skype. The point is that marketing managers need to immerse themselves in the world of consumers in order to truly understand the needs and wants consumers seek to satisfy by consuming a product, identify the potential problems consumers have with current product offerings, and then ask how else consumer needs and wants can be satisfied. This is where new ideas come from. Peter Drucker argued that organizations should strike a balance between serving those customers it currently has and creating new customers. Against this backdrop then, I suggest that marketing research tools and techniques can also be broken into two categories: those that allow us to monitor how well we serve existing customers and measure how well we deliver on our brand promise and those that allow us to develop new market insights. To develop new recipes and ideas that ultimately contribute to post-recession economic growth means paying more attention to the methods and approaches that will allow organizations to create customers, shape markets, and alter consumer behavior. Ideas that others will want to imitate. Jenny Darroch is on the faculty at the Drucker School of Management. She is an expert on marketing strategies that generate growth. For more information, please visit her site, Marketing Through Turbulent Times .

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Jenny Darroch: What Do Social Media and the Printing Press Have in Common?

October 1, 2009

Alex Carey suggested that the 20th Century was “characterized by three developments of great political importance: the growth of democracy, the growth of corporate power and the growth of corporate propaganda as a means of protecting the corporate power against democracy”. To me, the first decade of the 21st Century will be remembered for the historic election of President Obama, the public distrust of large corporations and their brands as a consequence of the financial crisis and ensuing recession, and the role of social media in giving a voice back to the people. Just as the printing press of 1440 enabled democracy in the West, so too has social media enhanced the democratic process today, given a voice back to the people and restored the balance of power between governments and/or corporations and the masses. I want to focus the rest of this discussion on how social media can restore the balance of power between organizations and its customers, which then provides the potential to restore trust in brands and the organizations who own brands. I will do this by relating my discussion to the five principles of democracy: 1. Freedom of speech, debate and democracy: traditional mass communication channels involve one-way communication between the organization and its customers. Customers can become aggrieved that the organization has lost touch with customer needs and somehow doesn’t value the importance of individual customers in keeping the organization afloat (remember: “customers are the reason you are in business”). With social media, consumers can communicate freely between themselves, seek recommendations from people they trust and/or people who position themselves as opinion leaders, and they can freely give opinions back to the organization. 2. Popular democracy: traditionally organizations have shaped and controlled their own messages, for example, messages about the brand and its value proposition. One characteristic of social media is that it is consumer generated. While many marketing managers fear losing control of the brand message, there are benefits with consumer generated media in that it provides rich insights for marketing managers, immediate feedback from the market on any aspect of its product, brand and marketing strategy, and quick identification of problems or misinformation. For consumers, one advantage is that they can mobilize and then put pressure on an organization to change a product, policy or part of the way in which the product is delivered to consumers. 3. Open accountable and diverse media: mass media should be open and transparent so that we can identify the source of news and individual, corporate or government agendas. In addition, mass media should be sufficiently diverse such that monopolies do not develop and dominate opinion. While on-going mergers and acquisitions can create an oligopoly structure within the communications industry, with social media the messages are many and not controlled by a few. 4. Economic democracy for the people: with this principle, power is decentralized and smaller communities can form. Social media has not changed the desire of consumers to join a club or community; it has simply made it easier for brand communities to form and consumers to engage. 5. Equality before the law: social media removes any hierarchy and allows consumers to be treated as equally important. What this means is that an organization does not know whether a consumer generated comment comes from say a small or large customer, or a recent or lapsed customer. Rather, the organization has to treat each customer comment as equally important. What does all this mean for marketing managers? There is plenty of evidence to show just how social media can facilitate the democratic process: think back to the election of President Obama, or the recent election in Iran. These examples also provide rich evidence of the willingness of the masses (or in the context of this post, consumers), to be heard. Yet, we know that many organizations struggle to know what to do with social media – for example, only 15% of Fortune 500 companies maintain a blog and most of these blogs are hosted within the organization’s website. The low incidence of Fortune 500 blogs is likely to be a reflection of a generation gap (that is, the Chief Marketing Officers who make strategic marketing decisions being unfamiliar with terms such as Facebook, blogs, posts and Twitter) and an overwhelming fear of the consequences of losing control of the brand message. In addition, and at a time when organizations need to be more accountable for marketing expenditure and make more efficient decisions on how to allocate scarce marketing resources, social media poses substantive challenges because it is difficult to demonstrate a return on marketing investment for something so new, something for which we talk about “best known practice” not “best practice”. But, times have changed and like it or not, social media is here to stay. Social media is not as a replacement for traditional media but should be seen as a compliment, as part of an integrated marketing communications strategy. To me what is interesting is watching different organizations embrace social media, leaders who are willing to learn and experiment in order to shape best practice, and be brave enough to recognize that they can no longer completely control the brand message. Jenny Darroch is on the faculty at the Drucker School of Management. She is an expert on marketing strategies that generate growth. See www.MarketingThroughTurbulentTimes.com

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Jenny Darroch: Avoid the Temptation to Cut Marketing Budgets to Balance the Books

September 26, 2009

The Nielsen Company has just released data that shows advertising expenditure in the US fell 15.4% in the first half of 2009. A total of $56.9 billion was spent on advertising in the first six months of the year, $10.3 billion less than the same time period in 2008. All evidence that in times of recession, marketing budgets are amount the first to be cut. But, cutting marketing budgets to balance the books is a bad idea. Here’s why. Why are marketing budget cuts? Well, we all understand that marketing expenditure is not directly tied to the immediate production of output. What this means is that marketing budgets are among the first to be cut when managers are trying to find ways to drive down costs in order to retain shareholder confidence and stay afloat. Because marketing expenditure is treated as an annual expense, managers often justify the decimation of marketing budgets on the basis that the effects will only be felt in the current year. The view is that once the recession ends we can return to our previous levels of marketing expenditure — that is, we can pick up where we left off without having damaged our brands at all. It turns out that marketing expenditure does influence the long-term value of the firm. One day (when I had nothing else to do), I decided to pull together a database to enable me to examine firm performance during the last big recession – the 1980s recession. I measured firm performance in 1979, which is the year before the recession began, measured marketing expenditure during the recession and then measured firm performance one year and five years after the recession ended. I found that firms that spent more on marketing than their peers during the recession enjoyed a higher market value five years after the recession ended. To me, this result provides clear evidence of the long-term effects of marketing expenditure. This result is important because during a recession, not only are marketing budgets being cut but also marketing managers are reconfiguring how to allocate marketing funds. What this means is that during a recession, it is tempting is to focus marketing expenditure on areas likely to result in short-term gain (for example, discounting prices, offering coupons and other sales promotions, or using direct response advertising which makes it easier to measure marketing effectiveness), without paying any attention to the maintaining and building the long-term value of the brands. And so what do I recommend? Right now, managers should resist the pressure to cut marketing budgets and resist the pressure to focus mostly on marketing activities that generate short term gain. The recession will end and firms that come are stronger will be those firms that clearly understand the contribution of brands to the long-term value of the firm. Now that’s interesting. Jenny Darroch is on the faculty at the Drucker School of Management. She is an expert on marketing strategies that generate growth. See www.MarketingThroughTurbulentTimes.com

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Temasek to Look at Internal Candidates After Abandoning Hire of Goodyear

July 27, 2009

By Andreea Papuc and Andrea Tan July 28 (Bloomberg) — Temasek Holdings Pte said it will consider promoting an internal manager after abandoning plans to make Charles “Chip” Goodyear the first foreign chief executive officer of Singapore’s state-owned investment fund. “Temasek has in place a CEO succession planning process,” Temasek said in an e-mailed response to questions

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Longest Solar Eclipse of 21st Century to Pass Over India, China Tomorrow

July 21, 2009

By Bloomberg News July 21 (Bloomberg) — The longest full solar eclipse this century, lasting 6 minutes and 39 seconds in some areas, will plunge cities, including Shanghai, into darkness as it passes over India and China tomorrow. Shanghai, China’s wealthiest city, will experience 5 minutes of darkness when the moon blocks out the sun at about 9:39 a.m. local time, according to the U.S. National Aeronautics and Space Administration

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