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Costar…

Fairholme Capital Management can claim victory in its battle with The St. Joe Co., one of Florida’s largest real estate development companies, over the makeup of the landowner’s board. Earlier this month, Bruce Berkowitz and Charles Fernandez, managing member and president, respectively, of Fairholme Capital, had resigned their positions as directors on St. Joe’s board just six weeks after being appointed. They then started a campaign to oust the…

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Largest Shareholder Wins Board Changes at St. Joe; CEO Resigns

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Nokia Has More To Worry About Than Apple And Google

by post-gazette.com on February 11, 2011

Nokia’s cell phone software has been compared to a turkey , a rotting corpse, and, by the company’s own chief executive, a ” burning platform ” about to be consumed by the “blazing fire” set by its competitors. These are hardly the analogies one would expect for a company that has been the largest mobile-phone maker in the world for over a decade. Nokia sold nearly 10 times as many phones last year as Apple, that darling of Main Street, Wall Street and Silicon Valley — 453 million units to the Cupertino company’s 47.5 million. But Nokia’s dwindling market share, which dropped 10 percent in a year to 28.9 percent, tells a different story: that of an established company hemorrhaging customers to innovative, nimble rivals who are upending the balance of power more quickly than ever before. According to the research firm Canalys , 2010 saw Google’s Android operating system surpass Symbian, Nokia’s mobile platform, to become the top smartphone software in the world. Desperate times call for desperate measures. Early Friday, Nokia announced a deal with Microsoft to abandon its own cellphone software in favor of Microsoft’s Windows Phone operating system. The alliance, amicable but not exclusive, marks a strategic effort by both companies to reverse their sagging fortunes in the mobile marketplace. Yet analysts suggest Nokia still has more to worry about than either Google or Apple. By allowing Symbian to die off, the Finnish company effectively intends to kill one arm of its business in order to focus almost exclusively on hardware. Turning its back on its software ventures has two major consequences: first, it means Nokia will be forced to rely on third-party companies to supply the brains to its smartphone bodies. Second, it forces Nokia to compete directly with companies like Samsung and HTC that have years of experience focusing solely on developing competitive hardware for choosy consumers who expect ever-sleeker, smarter, faster devices. “Nokia no longer defines its own destiny and that’s a loss,” said Sascha Segan, a lead analyst for PCMag Mobile. “Nokia put its destiny in hock to Microsoft. For first time, Nokia’s success is very dependent on how often someone else puts out their software platform.” While the move away from software is likely to shrink the company and significantly alter the makeup of its business, experts say such a shift was crucial to Nokia’s survival. “It’s probably the best choice among bad choices,” Gartner analyst Michael Gartenberg said. “But again, when you’re standing on a burning platform, your options are limited. You have to get off and get off quickly.” Though teaming up with Microsoft was a drastic measure for Nokia, analysts say Apple and Google will barely blink. Neither Redmond nor Espoo has unveiled a secret weapon: Nokia and Microsoft’s Windows Phone are both known quantities, neither of which have thus far stood in the way of Android or the iPhone. And while Nokia and Microsoft are powerful brands with distinguished legacies and still-robust market share, they lack momentum in the marketplace. Windows Phone 7, Microsoft’s bold attempt to reinvent its mobile offering, was a critical success that wowed reviewers but has failed to spur an influx of consumers. It’s an iPhone rival, not an iPhone killer. “My guess is that it’s business as usual in Cupertino,” Gartenberg said of Apple’s reaction to the Nokia and Microsoft announcement. “Apple tends to say, ‘here’s our strategy, we’re going to execute against it.’” That Nokia picked Windows Phone over Android is a loss for Google — Google executive Vic Gundotra griped about the “two turkeys” in a tweet — though not a crippling one. And after all, there is still a chance Nokia may turn to Google to power a future line of phones. “This will not cause either [Apple or Google] to worry more than they were already. These companies are on their toes,” Segan said. “You could even say this is better for Google and Apple because there is no disruptive surprise to deal with. For a while now, Symbian has been a rotting corpse Google and Apple are taking bites out of.” Ultimately, the products of the new partnership are what will determine whether “Nokiasoft” will be able to upset the balance of power in the ever-more-important smartphone market. “They have to ship something that is interesting, compelling and that captures the hearts and minds of consumers,” Gartenberg said. “Nothing more, nothing less.”

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Nokia Has More To Worry About Than Apple And Google

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Robbin Phillips: Five Things Start-Ups Can Learn From Not-for-Profits

December 23, 2010

There is huge value shift in America. With tons of layoffs in the last two years, there really is no such thing as a secure job. I wrote about this on the Brains on Fire blog after hearing Arianna Huffington speak in New York in October — and I speak about it all the time. This whole notion of a value shift in America really made an impression on me because I believe it’s true with all my heart and soul. I also believe it’s one of the gifts of the Great Recession of 2009. Everyone is re-evaluating what they are doing. And whom they’re doing it for. We want to work with our values front and center. This is huge opportunity for everyone; companies, start ups and individuals. So what can start ups learn from the not-for-profit world? 1. Wear your passion on your sleeve . Why did you start a company? Who are you trying to help? Why does it matter? As we talk about in our book, Brains on Fire ; Igniting Powerful Sustainable Word of Mouth Movements, it’s about the passion conversation, not the product conversation. Figure out what your customers are passion about and how your product or service fits into their lives. Who are you and what do you stand for? Think like a not for profit and tell the world. 2. Find the injustice in your industry. Everyone wants to be a part of something bigger than themselves. Don’t see yourself as company or a business. See yourself as a cause. A movement. Are you making the world a better place by giving your customers a break from their day-to-day ruts and routines? Are you bringing fun into the work place? Or better yet, love ? 3. Empower your customers and advocates with shared knowledge. Create shared ownership. Not for profits let their advocates know what they are considering long before they take action. They ask for help. Let your customers in on your secrets. Open the kimono. Go ahead and reveal what’s under the makeup, done up hair and fancy, shiny clothing. Scared they will find out you’re not perfect? Well, guess what we already know that. It makes you human. And that is a really good thing. We like to see the humanness of the companies we support. Not for profits don’t try and be perfect. They are usually grounded in reality. Realities like smaller budgets and staff. Also, when you mess up, consider an apology. Apologies are a powerful chance to really connect with your advocates. 4. Treat your customers like rock stars . Not-for-profits understand that their biggest supporters are the ones most likely to introduce their cause to other kindred spirits. They treat every relationship like spun gold. I contribute to a local not for profit and I sent them a small check at the end of the year. They took the time to thank me with a personal and heartfelt, hand written note. Even your smallest customers (supporters) have the ability to recommend you and tell your story. Cherish that. 5. Inspire your customers. As Scott Monty , Head of Ford’s social media says, “People want to be a part of a success story.” Give customers reasons to talk about you and take shared ownership in your success. How can you lift them up? Don’t ask them to be your fan, be their biggest fan. Celebrate with them. Give them hope. Let your values and mission get stuck in their hearts. Make deep, emotional connections to support their lives and dreams. The most important thing we can all learn from not-for-profits? Let your customers tell your stories. And you’ll start drawing kindred spirits toward you. Go ahead. Think and act like a not for profit. And most of all have fun. The road to success should be a fun and exciting one. Celebrate often and enjoy.

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Dan Dorfman: Houdini Does His Wall Street Thing

August 8, 2010

Call it the great escape, one worthy of Houdini. It recently happened on Wall Street, not once, but twice. Here’s the story. Like a lot of Wall Street pros, veteran strategist Fred Dickson thought this past Friday’s market performance was going to be a nightmare due to the early morning disclosure of a disappointing jobs report in July. It was the third monthly mediocre showing in a row. That disappointment reflected the creation of just 71,000 private jobs for the month, well below the 150,000 to 200,000 needed to reduce the unemployment rate and to accommodate new entries into the labor force, and the overall July loss of 131,000 jobs, largely Census Bureau workers. Good news, the nightmare never came. The market shrugged off the ill tidings. After a fast 80-point loss in the Dow in early trading, which later grew to a more than 100-point decline, buyers stepped in and by the end of the day, the Dow showed a moderate loss of only 21 points. It was the second time in the past eight days in which investors managed to escape a nightmare. The last time was July 30, the day we got news of disappointing second quarter GDP growth of 2.4%. Again, the market reacted by heading lower, but by day’s end, the Dow wound up with a tiny loss of just over a point. In boxing lingo, you can say the market–in both cases–was knocked to the canvas, got back up to avoid a knockout and while it didn’t win, it made a credible showing by simply winding up with just a bloody nose. As for Friday’s jobs disappointment, Dickson was impressed with the market’s response. “I expected a much bigger reaction on the downside,” he said. So, too, did Hong Kong trader Selwyn Ortz, who had told me a week earlier that he thought a disappointing jobs report could produce a “black Friday,” with the Dow going down several hundred points on the day. “It was a great showing by the market,” he said, “and maybe a sign we’ll see a summer rally, rather than the usual summer doldrums.” Perhaps, he thought, a rally to Dow 10,800 (from its current 10,653). Dickson, the chief investment strategist at regional brokerage biggie D.A. Davidson of Great Falls, Mont., told me he thought the lack of a severe market loss on Friday was good news for the market. He also thought the escape largely reflected a spillover effect from some recent good gains in overseas markets, especially Asia; likewise, a rising Euro, versus the U.S. dollar, which influenced trading in various currencies and commodities, in turn favorably impacting the U.S. stock market. Looking ahead, Dickson sees choppy market action between mid-August and late September, followed by a renewed market rise to about Dow 11,500 by year end on the heels of a somewhat faster rate of economic growth (about 2.5%). His favorite market sectors: industrials, technology, energy and health care. Characterizing himself as “a very cautious bull,” Dickson said he doesn’t see an accelerating economy until there’s a noticeable pickup in employment and housing. He also said you can’t afford to ignore the wild cards that could play havoc with the market, in particular, pending tax reform, the makeup of Congress after the mid-term elections and potential European debt problems. Interestingly, some pros suggested the lack of big stock losses on the days of disappointing employment and GDP numbers was really a case of market manipulation, engineered by buyers to goose equity prices and minimize the bad news. One online investment adviser, Mark Leibovit of VR Trader.com thought Friday’s market recovery from its day’s lows was a flagrant example of this manipulation. But he questions whether the unmasked effort to continue to manipulate stock prices can be sustained since the volume trends, he believes, suggest time is running out for the current rally. Whether there’s any substance to the manipulation charges is anybody’s guess, but Fred Fraenkel, the vice chairman of Beacon Trust Co. of Morristown, N.J., which manages about $1.5 billion of assets, said he believes a lot of people are concerned that the market is rigged. In any event, Fraenkel takes sharp issue with Leibovit’s view of the direction of the market. He looks for stock prices to be up almost 10% higher by year end from current levels. “I would buy stocks right now because the selling has been greatly overdone,” he tells me. Supporting his positive view of the market, he points to: –The likelihood of additional jobs creations this fall in a convincing manner, accompanied by perkier consumer spending. –Historically low price-earnings multiples of 11 to 12 on next year’s prospective earnings, relative to interest rates. –Better than expected quarterly earnings in every quarter since last spring. –A political upheaval in the upcoming elections, leading to cutbacks in spending, elimination of the need to raise more debt and the use of resources to invigorate the economy. Fraenkel’s three favorite investment themes: Companies that can do well in a slow economic recovery, such as Apple; companies that can do well because the rest of the world is growing, like Cummins Engine, Las Vegas Sands and Yum Brands, and companies that pay high dividends, such as AT&T. Fraenkel may be right, but the $64,000 question is whether the market can continue to escape additional nightmares. With both housing and employment in a depression mode and the economy displaying increasing softness, some economists say no way. In the early 1800s, philosopher William James said the art of being wise is the art of knowing what to overlook. Now, some 200 years later, Ortz echoes such thinking. His basic suggestion is that investors would do well to overlook the abundance of those economic dreamers whose gradiose assumptions, he believes, are bound to generate even more market nightmares. And that’s our bottom line. How long can investors continue to sidestep the additional market nightmares that are surely on the way? What do you think? E-mail me at Dandordan@aol.com

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7 Chicago-Area Banks Closed, Redistributing $5.83 Bil. in Assets

April 28, 2010

Illinois and federal banking regulators shuffled the makeup of the Chicago banking community this past week, closing seven banks and dividing up $5.83 billion in assets among five other Chicago-area bank holding companies. The seven closed banks reported…

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Obama Says He’ll Announce Supreme Court Nominee by May to Replace Stevens

April 21, 2010

By Roger Runningen April 21 (Bloomberg) — President Barack Obama said he will announce a nominee to replace retiring Supreme Court Justice John Paul Stevens by next month and that he’ll seek a candidate who values individual rights and privacy when ruling on cases. Obama said he’s confident the nomination will go through the Senate confirmation process in time to have Stevens’s successor in place when the court begins its next term in October. The president, repeating the stand of his predecessors, said he won’t have any “litmus tests” on abortion rights. “But I will say that I want somebody who is going to be interpreting our Constitution in a way that takes into account individual rights, and that includes women’s rights,” he said. “That’s going to be something that’s very important to me.” Obama discussed the high court vacancy at the White House today with Vermont Senator Patrick Leahy , the Democrat who heads the Judiciary Committee, and Alabama Senator Jeff Sessions , the senior Republican on the panel. Senate Majority Leader Harry Reid of Nevada and Minority Leader Mitch McConnell of Kentucky also attended the Oval Office meeting. They will be at the forefront of the confirmation process. Reid said afterward that “there was a really good tone set” during the session. He and Leahy said they have suggested names for potential justices to the president while declining to name anyone publicly. They said no individuals were discussed in the meeting. Talking With Candidates Stevens, 90, announced April 9 that he will retire at the end of the court’s term this summer. The president already has begun talking with and vetting potential nominees for the high court, White House press secretary Robert Gibbs said today. Obama said whoever replaces Stevens will have “some tough shoes to fill.” The Supreme Court term begins on the first Monday in October. Obama nominated Sonia Sotomayor to succeed Justice David Souter on May 26 last year and she was confirmed Aug. 6. “We are certainly going to meet that deadline” and may accelerate it “a little bit” to give the Senate more time, Obama said today. Sotomayor had a “smooth, civil, thoughtful nomination and confirmation process,” Obama said, and he hopes for the “exact same thing this time.” Changed Makeup Leahy said he wants Obama to choose someone who will help change the current makeup of the court, which he called “a very, very activist, conservative activist Supreme Court” that makes many decisions with a one-vote margin. “I think this does not reflect the American people, but reflects more of a partisan agenda,” Leahy said. Gibbs said the president’s advisers have been providing him with expanded lists of potential court picks that reflect diverse backgrounds. Obama said April 9 he is looking for a nominee who not only has sound judgment and is dedicated to the rule of law, but also for someone who has “a keen understanding of how the law affects the daily lives of the American people.” The nominee also must understand that in a democracy, “the powerful interests must not be allowed to drown out the voices of ordinary citizens,” he said. Leading candidates include U.S. Solicitor General Elena Kagan and federal appellate judges Diane Wood in Chicago and Merrick Garland in Washington. All were considered for the Supreme Court vacancy Obama filled last year with Sotomayor, who replaced Justice David Souter . Other potential court nominees include federal appellate judge Sidney Thomas ; Homeland Security Secretary Janet Napolitano ; Michigan Governor Jennifer Granholm ; former Georgia Chief Justice Leah Ward Sears ; and Harvard Law School Dean Martha Minow . To contact the reporters on this story: Roger Runningen in Washington at rrunningen@bloomberg.net

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Iraqi Coalition, Kurd or Arab Presidency Debated as Election Tally Looms

March 9, 2010

By Caroline Alexander and Daniel Williams March 9 (Bloomberg) — Political maneuvering was under way in Iraq before initial results from the parliamentary election are announced, with early indications that no party would win a majority and tough coalition bargaining lies ahead. Vice President Tariq al-Hashemi told a televised news conference in Baghdad that the next president of the country must be an Arab. “This country is Arab and an Arab should be on top,” he said. The current president is Kurdish politician Jalal Talabani , who has already declared his intention to stay on in the job. The president is elected by parliament. The main competitors are Prime Minister Nouri al-Maliki’s State of Law alliance and the Iraqiya party of a former premier, Ayad Allawi . Coalition-building is essential to a U.S. plan to withdraw its troops as Iraq establishes a stable government. American officials insist the pullout will go ahead. Iraq’s Independent High Electoral Commission said it will announce preliminary results later today as districts that have tallied at least 30 percent of their votes report to Baghdad. Final results may not be certified until the end of the month. Turnout was 62.4 percent, the panel said. Al-Maliki’s and Allawi’s lists of candidates may each get less than a third of the 325 seats at stake, according to reports from Iraqi media. Allawi’s list is “neck and neck” with al-Maliki’s bloc, Allawi’s official spokeswoman, Maysoon al-Damluji, said today in a phone interview from Baghdad. “We are doing pretty well.” Al-Damluji said that Allawi’s group had success with voters in Baghdad and the western provinces. She declined to provide details until results are released. Al-Damluji is a lawmaker in the current parliament and a member of Allawi’s alliance. Sectarian, Ethnic Initial signs are that the election is breaking along sectarian and ethnic bounds. Al-Maliki’s alliance is leading in nine predominately Shiite Muslim provinces in the south, Sumaria Television reported. Abbas al-Bayati, an official from al- Maliki’s coalition, told the Associated Press the group also did well in the mixed city of Baghdad. Allawi’s Iraqiya, which campaigned for a non-sectarian Iraq, was winning in four mainly Sunni Muslim provinces in the center and north, Sumaria and the Iraq News Agency reported. Al- Hashemi is a Sunni from the Iraqiya party. Kurdish parties were sweeping the Kurds’ autonomous zone in the far northeast. Other Kurdish, Shiite and Sunni parties were running behind, the Iraqi broadcaster and news agency said. Oil Revenue Top government jobs, including the head of the influential Oil Ministry, will be at stake. The ruling coalition that emerges from the election will have to resolve disputes over sharing oil revenue among regions and whether to include the oil-rich city of Kirkuk in the Kurdish autonomous region in the north, as well as cope with violence between Shiites and Sunnis. Iraq’s 115 billion-barrel oil reserves place it third behind Saudi Arabia and Iran. The country pumped about 2.4 million barrels a day last month, according to Bloomberg estimates. Once official results are announced, Talabani will have 15 days to convene a new parliament. The first session elects a speaker and two deputy speakers. Next, a new president is elected with a two-thirds majority. The new president has 15 days to task the leader of the largest bloc with forming a government. U.S. Troops Violence may escalate if the majority Shiites and the minority Sunni Muslims and Kurds aren’t all included in a coalition, said Ahmed Ali, an analyst at the Washington Institute for Near East Policy . That would thwart U.S. ambitions to leave a stable Iraq as it withdraws its troops. U.S. troop strength will shrink from 96,000 to 50,000 by Sept. 1. All U.S. forces gone from Iraq by the end of 2011, under a schedule set last year by President Barack Obama . Parties will probably spend months haggling over the makeup of a coalition government, said Wael Abdel Latif of the National Iraqi Alliance, a major Shiite Muslim bloc. “The formation of the government may face big problems if the results are close and there is no clear winner,” Latif said in an interview yesterday in Baghdad. Preliminary results showed “a very close race,” he said. It could take more than six months to form a government, the Washington Institute for Near East Policy said in a March 3 report. The parliamentary vote was the second since Saddam Hussein’s overthrow by U.S. forces in 2003. More than 6,200 candidates competed for seats in the legislature, the Council of Representatives. To contact the reporters on this story: Caroline Alexander in London at calexander1@bloomberg.net ; Daniel Williams in Cairo at dwilliams41@bloomberg.net .

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Iraqi Parliamentary Vote Result to Be Released as Coalition Haggling Looms

March 8, 2010

By Kadhim Ajrash, Caroline Alexander and Daniel Williams March 9 (Bloomberg) — The first official results from Iraq’s March 7 parliamentary elections will be released today as political leaders say they don’t expect a clear winner. Parties may spend months haggling over the makeup of a coalition government, said Wael Abdel Latif of the National Iraqi Alliance, a major Shiite Muslim bloc that competed against the Shiite-led group of Prime Minister Nouri al-Maliki . “The formation of the government may face big problems if the results are close and there is no clear winner,” Latif said in an interview yesterday in Baghdad. Preliminary results showed “a very close race,” he said. Polling sites will release results once officials have tallied at least 30 percent of the votes cast there, said Hamdiya Husseini, a member of Iraq’s Independent High Electoral Commission. Final results may not be known until the end of the month. Turnout was 62.4 percent, she said. The panel had put participation in the 2005 parliamentary election at 76 percent. Al-Maliki’s alliance was leading in nine of the country’s 18 provinces, Agence France-Presse reported, citing unofficial estimates by local officials. It said the key results weren’t yet available for Baghdad, where attacks yesterday killed 38 people. Violence may escalate if the country’s main ethnic and religious groups, the majority Shiites and the minority Sunni Muslims and Kurds, aren’t included in a coalition, said Ahmed Ali, an analyst at the Washington Institute for Near East Policy . That would thwart U.S. ambitions to leave a stable Iraq as it withdraws its troops. Violence ‘Remarkably Low’ The election showed democracy is firmly established in Iraq and unlikely to be crippled by delays in forming a new government, said the top United Nations envoy to Iraq, Ad Melkert of the Netherlands, who leads the UN Assistance Mission for Iraq . There were no indications of “massive” or “systemic” irregularities in the voting, and incidents of violence were “remarkably low,” he said. Iraqi security forces showed a steady increase in their ability to help run a national election, he added. Turnout ranged from 80 percent in Dohuk province, in the far north, to 50 percent in Maysan, in the southeast, while in Baghdad, 53 percent of registered voters cast ballots, and about 272,000 Iraqis abroad also voted, Husseini said yesterday. About 19 million of Iraq’s estimated 30 million citizens registered to cast ballots. The parliamentary vote was the second since Saddam Hussein’s overthrow by U.S. forces in 2003. More than 6,200 candidates competed for seats in the 325-member legislature. ‘All Components’ “We need about two months to form a majority government,” Abbas al-Bayati, a member of al-Maliki’s State of Law coalition, said yesterday in an interview in Baghdad. “We want a majority government that will include all the components of the nation.” Terrorist groups linked to al-Qaeda had vowed to attack voters on their way to the polls. Attacks were reported in Baghdad, Fallujah, Baquba and Samarra, AFP said. “There were security issues but they weren’t significant enough to derail the polls, or to affect the legitimacy, which is crucial for the incoming government,” Gala Riani , Middle East analyst for IHS Global Insight in London, said in a telephone interview. Voter registration was a bigger problem than security, said Ranj Alaaldin, a Middle East expert from the London School of Economics who monitored the election with the London-based Next Century Foundation , a conflict resolution advisory group. Some voters found that their names weren’t on the official registry, he said by e-mail. Oil Disputes The ruling coalition that emerges will have to resolve disputes over sharing oil revenue among regions and whether to include the oil-rich city of Kirkuk in the Kurdish autonomous region in the north, as well as cope with violence between Shiites and Sunnis. Iraq’s 115 billion-barrel oil reserves place it third behind Saudi Arabia and Iran. The country pumped about 2.4 million barrels a day last month, according to Bloomberg estimates. Iraq’s Kurds, who backed al-Maliki after the last election, have since feuded with him over oil money and control of Kirkuk. The main Kurdish parties, the Kurdistan Democratic Party and Patriotic Union of Kurdistan, formed an alliance that was challenged by a new party called Change. Al-Maliki predicted last week that no party would win a majority. A Shiite alliance that brought him to power in 2005 has disintegrated and his coalition was battling for Shiite votes with former allies now in the National Iraqi Alliance. Wooing Sunnis Sunnis, who boycotted the 2005 election, were wooed by an array of Islamic parties. Former Prime Minister Ayad Allawi is leading the Iraqiya party, which advocates non-sectarian politics. It could take more than six months to form a government, the Washington Institute for Near East Policy said in a March 3 report. U.S. troops have handed most security duties to Iraqi forces, and U.S. troop strength will shrink from 96,000 to 50,000 by Sept. 1, with all U.S. forces gone from Iraq by the end of 2011, under a schedule set last year by U.S. President Barack Obama . American officials insist the pullout will go ahead and Iraqi officials say they are taking over. To contact the reporters on this story: Kadhim Ajrash in Baghdad through the Dubai newsroom or mchmaytelli@bloomberg.net ; Caroline Alexander in London at calexander1@bloomberg.net ; Daniel Williams in Cairo at dwilliams41@bloomberg.net .

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Lawrence G. McDonald: The Case For Dismantling Giant Banks

October 12, 2009

The long awaited resignation of Bank of America’s CEO Ken Lewis finally arrived this week, but I guess we’ll still have to wait until January to see it come to its full, well deserved conclusion. Ken is “retiring” at the “end of the year.” Since the news broke I’ve seen a collection of old school bankers rush to poor Ken’s defense. Ken’s old buddy, Bank of America Board Member Don Powell included. After writing my new book, A Colossal Failure of Common Sense, the Inside Story of the Collapse of Lehman Brothers and watching this charade I was struck by the similarities of Richard Fuld and Ken Lewis. As many people know, Richard Fuld was CEO and Chairman of the board of Lehman Brothers. Like Ken he enjoyed the perks of having constructed a board of directors of old pals and cronies. Richard Fuld was as close to a banking Monarch as anything we’ve ever seen in modern capitalism. During his almost 18-year reign at Lehman Brothers, Goldman Sachs had four different CEOs, Whitehead, Rubin, Paulson and Blankfein. There have been no Kings over on 85 Broad Street in recent years; maybe that’s one of the reasons Goldman has survived this desperate credit crunch. While Ken was certainly no King, his CEO and Chairman of the board stint will have lasted just under 10 years if he finally retires in January. Ken was stripped of his Chairman role in April. A look at the Bank of America Board reveals some interesting similarities with the Lehman Board. While the average age of the Lehman Board, 70 will go down in the record books as the most outrageous, Bank of America’s 64 is not far behind. Of the 10 member Lehman board only one spent his life in finance — and he was 82! Of the 15 member BOFA board, only 2 had investment banking experience, 6 were from outside the world of finance and 7 were just like Ken Lewis … old school regional and commercial bankers. Not one member of his board is younger than 56 years of age. Now I don’t opine in this regard to be mean, we must get the best people into the important positions as soon as possible. I worked on the trading floor at Lehman Brothers … right in the trenches, where the rubber meets the road, so to speak. I saw firsthand the design and construction of what Warren Buffett calls financial Weapons of Mass Destruction — credit derivatives. These 21st century banks have become deadly systemically risky dominoes that can crush us all if they fail, or can bankrupt us all with debt if we have to bail them out. These are not country clubs. With the demise of Glass Steagall at the turn of the century, banking was placed in a new, modern, neutron era while the makeup boards of directors are back in the Ozzie and Harriet days of the 1950′s. This is a mistake fraught with peril. In our government’s quest to save our system last fall, their main line of defense was to make banks bigger and more deadly. It’s the golden rule; he who has the gold makes all the rules. Shot gun marriages had never been more common at the US Treasury, Wells Fargo / Wachovia … JP Morgan / Bear Stearns and Washington Mutual, Bank of America / Countrywide and Merrill Lynch. Risk is more concentrated than ever. The dominoes are much bigger and closer together than ever before. These banks are not too big to fail, they’re too big to succeed … too big to manage. There’s no transparency of risk. They’re much too big. Years ago when banks failed, say Continental Illinois or Drexel Burnham, they didn’t crush the entire global economy and require trillions of government borrowed bail out dollars. I hate to be the bearer of bad news, but these boards do not have modern risk takers and sophisticated 21st century financial thinkers on them. Bank of America lost billions and billions of dollars and put innocent depositor’s money at risk when Ken Lewis allowed his company to get up to their neck in off balance sheet SIVs, CDOs, CMBS, CLOs. Many people argue she was insolvent before Uncle Sam saved them with $50 billion. You cannot underestimate the difference between a commercial / regional bank and an investment bank / hedge fund in the 21st century. We cannot allow regional bankers to oversee 21st century risks. The stakes are just too high now. I’ve laid out some solutions. Going forward we must do a few simple things that will go a long way in making sure a disaster like this never happens again. Abolish CEO and Chairman of the Board rolls in any systemically risky financial institution. That’s an institution that can potentially obliterate the world’s economy. The fox should never be watching the chicken coup. Make Boards indepenant of CEO influence. Put financial experts on boards of these big banks, 21st century experts. Can we have one member of BOFAs board in his or her 40s? Maybe two. Eliminate the retirement country club. Pay Board members more. Paying them more will bring in the right talent with experience in modern financial products. It makes no sense to have traders and investment bankers on Wall Street making $5 to $10 million a year and some board member, overseeing all their risk, only making $140k? These boards shouldn’t meet quarterly or monthly, pay them and have them meet three times a month. The stakes are just too high now. Boards must be more involved. Get them down on the trading floors talking to traders and risk takers on a regular basis. At Lehman, our board had zero interaction with the best risk takers and traders. That’s wrong. Term Limits for CEOs and Boards or Directors. If the President of the United States is limited to 8 years I say that’s good enough for CEOs of giant banks. Power corrupts and the bottom line is the longer a CEO is in power the greater the number of his old pals seem to end up on Boards of Directors. We simply cannot allow tradition and the status quo to get in the way of sound risk management. We must make changes soon as our financial system is no more safe today than it was on the eve of Lehman’s collapse. The same troubling issues that placed us all on the doorstep of disaster are still there. Capitalism cannot work without transparency and there is no transparency of risk and the people overseeing those risks are not the best people for the monumental task at hand. Lawrence McDonald is the bestselling author of A Colossal Failure of Common Sense, and is now spending his time on the lecture circuit, making sure the world learns the great lessons of this financial crisis. To contact his booking agent, click here.

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