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Huffington Post…

WASHINGTON (Reuters) – Deutsche Boerse won U.S. antitrust approval to buy NYSE Euronext on Thursday in a $9 billion deal that has hit serious antitrust headwinds in Europe. The Justice Department said on Thursday that the deal, which was announced in February, won approval on condition that a Deutsche Boerse subsidiary, the International Securities Exchange, divest its 31.5 percent interest in Direct Edge. Direct Edge is the fourth-largest U.S. exchange, the department said. Despite the divestiture, Deutsche Boerse and NYSE must continue to provide some services to Direct Edge, the department said. In Europe, there have been weeks of negotiations during which European Union antitrust staff made clear their reservations about approving a combination of Deutsche Boerse’s Eurex and NYSE Euronext’s Liffe on concerns that the merged entity would have a monopoly over European listed derivatives trading. Both Boerse and NYSE Euronext have said they would not pursue the merger if they were asked to divest either Eurex or Liffe. A formal decision by the European Commission is not expected until January or early February. (Reporting By Diane Bartz; Editing by Gerald E. McCormick) Copyright 2011 Thomson Reuters. Click for Restrictions .

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Buyer For NYSE Gets Justice Dept. Approval For Deal Worth Billions

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WATCH: Occupy Wall Street Says Thanks

by The Huffington Post on December 21, 2011

Huffington Post…

Occupy Wall Street protesters got into the holiday spirit this week by releasing a video thanking the supporters. The 6-minute video catches viewers up on what the group has been up to. Various protesters share stories of how they got involved and explain the group’s daily routine. The video also features footage from New York City protests, arrests and meetings. At the end, text reading “Thank You For Support/Love, OWS” appears. Directed by David Sauvage, the video was officially approved by the New York City General Assembly on Tuesday night. WATCH:

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WATCH: Occupy Wall Street Says Thanks

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Cities With The Most Money To Spend On Christmas Gifts

December 21, 2011

Looking for an expensive Christmas gift? Track down family and friends living in the Washington, D.C. metro area. D.C. tops the list of cities with the most money to spend on Christmas gifts, according to an index developed by Richard Florida and the Martin Property Institute, cited by The Atlantic . The top 20 list also includes New York, San Francisco and other large metro areas. The cities in Florida’s list may be where shoppers are spending the most on gifts, but consumers everywhere are likely to spend more on Christmas presents this year. The National Retail Federation upped its holiday sales forecast earlier this week to a 3.8 percent boost or a record-breaking total of $469 billion. In response to the demand, some stores are offering extended hours to give consumers ample time to shop. Toys ‘R Us is staying open for 112 hours straight in the lead up to Christmas, CNNMoney reports and 14 Macy’s stores will stay open from Wednesday to Saturday — or 83 hours straight, — according to the Chicago Tribune . And if Black Friday is any indication, the extended hours may help boost retailers. After stores like Target, Best Buy, Macy’s and Walmart opened earlier on Black Friday — or even on Thanksgiving day — sales on the largest shopping day of the year were up 9.1 percent, according to the NRF . But some weren’t happy with the earlier openings. Workers at Target and Best Buy started petitions aimed at convincing their employers not to open at midnight on Black Friday because it would limit the amount of time they could spend with family on Thanksgiving day. These are the cities with the most money to spend on Christmas shopping, according to Richard Florida and the Martin Property Institute:

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The Center for Public Integrity: As they lobby for a tax holiday, some big multinational players say they’ve got plenty of cash on hand

November 4, 2011

By John Aloysius Farrell and Aaron Mehta , iWatch News As select U.S. multinational corporations push for a tax holiday on a trillion dollars parked overseas, their own recent financial reports undermine the arguments they are making for preferential treatment on Capitol Hill. Proponents of the tax break for “repatriated” overseas earnings say that bringing the money home will give U.S. corporations an infusion of cash, stimulating investment and creating jobs. But an iWatch News survey of some major players in the tax repatriation debate found that corporations, far from being cash-starved, are sitting on billions of dollars of liquid assets. In new filings with the Securities and Exchange Commission and conference calls with Wall Street analysts, some big players flatly say they don’t need the tax holiday. Firms like Microsoft and Oracle, Google and Apple have tens of billions in cash stashed offshore, and lots more here at home. “We currently do not intend nor foresee a need to repatriate these funds,” the Microsoft Corp. said in its latest quarterly report . “We expect existing domestic cash, cash equivalents, short-term investments, and cash flow from operations to continue to be sufficient.” Microsoft said it had $57.4 billion in cash and other liquid sources on hand, with $51 billion of that kept overseas. Though it rests in offshore accounts, the lion’s share of Microsoft’s money is already invested in U.S. assets. The firm says it has socked 83 percent of the billions it holds offshore in U.S. government securities, U.S. corporate bonds and U.S. mortgage-backed securities. The story was much the same at Google Inc., which reported its corporate coffers held $42.6 billion, with $20.2 billion of that stashed overseas. “Our intent is to permanently reinvest these funds outside of the U.S. and our current plans do not demonstrate a need to repatriate them,” Google said. “Our sources of funding will be sufficient to satisfy our currently anticipated cash requirements through at least the next 12 months.” Google and Microsoft are members of WIN America , a coalition of US multinationals and trade groups pushing for the tax break. The holiday could cost the U.S. Treasury as much as $80 billion , one reason why its prospects are mixed as Washington remains inundated by a lake of red ink. Yet 80 members of Congress, both Republicans and Democrats, have signed up as co-sponsors . Some 70 of those co-sponsors have received almost a million dollars in campaign contributions from WIN-affiliated companies since the start of 2009. WIN and its members have spent millions lobbying Congress, and employ dozens of lobbyists, to press for the tax break, iWatch News has reported. Need aside, the payoff could be huge. A similar tax holiday in 2004 cut the 35 percent corporate tax rate to 5.25 percent for repatriating companies. American firms face a 35 percent corporate income tax at home, but money earned overseas is taxed only by the country of origin until it is returned to the United States, at which time an additional tax is levied to make up any difference and restore the rate to 35 percent. If the rate was dropped to 5 percent, “the amount of corporate cash that would come flooding into the country could be…used for creating jobs, investing in research, building plants, purchasing equipment and other uses,” wrote John Chambers, the CEO of Cisco Systems, and Safra Catz, the president of Oracle Corp., in an op-ed last year in The Wall Street Journal . However, after a number of deductions and tax breaks are employed, the effective tax rate for U.S. corporations is often much lower. And critics of the repatriation proposal, pointing to a previous tax holiday in 2004 , say that the influx of cash will not create jobs, but will be spent instead to benefit shareholders and corporate executives, via higher dividends and stock repurchasing plans. “They should use the cash they already have here at home to invest in America rather than ask for still another break,” Sen. Carl Levin, D-Mich., chairman of the Senate Permanent Subcommittee on Investigations, told iWatch News . U.S. firms are flush with cash, analysts from the Heritage Foundation noted last month, and can easily borrow at bargain rates if they need to raise funds. “The repatriation holiday would have little or no effect on investment and job creation, the key to the whole issue, simply because the repatriating companies are not capital-constrained today,” the Heritage report said. “Any investment, any action that they would deem worthwhile today can be and is being financed by current and accumulated earnings.” Apple Inc. is a prime example. In its latest annual report , filed on Oct. 26, Apple noted record sales and profits, and plans to expand its network of retail stores and its lines of iconic products. But Apple does not need a tax break to finance its plans for expansion. The firm’s report shows that it is sitting on some $81 billion in cash and cash equivalents, up 60 percent during 2011. America’s education system, not taxes, is what keeps Apple from employing more Americans, according to a new biography of the late Apple founder Steve Jobs. Author Walter Isaacson recounts that Jobs told President Obama that the company employed 700,000 workers in China, instead of the United States, because of a lack of qualified American engineers. Other cash-rich firms have been acquiring new subsidiaries and letting go “redundant workers,” or distributing wealth to shareholders and corporate executives. Another prominent member of the WIN America coalition is Pfizer, the pharmaceutical firm that manufactures such popular products as Lipitor and Viagra. Speaking to Wall Street analysts on Tuesday, the firm’s executives were focused on slimming down its workforce, and buying back shares – not creating jobs. “We are…focused on shareholder value,” CEO Ian Read told the analysts. The company hopes to boost its dividends, and has spent $6.5 billion this year repurchasing shares of the company’s stock as part of an ongoing buyback program that it hopes will reach $9 billion this year. Meanwhile, the Pfizer executives said they cut 4,100 jobs in 2011, as part of an ongoing company-wide purge of redundant positions from recent acquisitions. Pfizer was the single biggest benefactor of the 2004 tax holiday, when it took advantage of a cut-rate “one time” 5.25 percent tax rate to bring back $37 billion from overseas. In a paper for the nonpartisan New America Foundation , cited by WIN America, economist Laura D’Andrea Tyson and two Berkeley associates say that the trickle-down effects from rewarding stockholders could be significant. Tyson and her colleagues acknowledge that 74 percent of the money brought back to the US in a tax holiday would probably be distributed to shareholders in the form of dividend payments or stock repurchases. But for every dollar returned to a stockholder, Tyson says, from 25 to 40 cents will be used by higher-income Americans to go shopping. The boost to the economy, when combined with direct hiring and investment, could ultimately lead to the creation of between 1.3 million and 2.5 million jobs. Tyson serves on the board of directors of Kodak, a member of the WIN America group. Eric Schmidt, the executive chairman of Google, serves as chairman of the New America Foundation. WIN America, when asked to comment, declined. Microsoft also rewarded shareholders. It spent $1 billion in the 90 days prior to its Sept. 30 report buying 38 million shares as part of its ongoing stock repurchase program. A similar tale was told by software giant Oracle. “Our current cash…will be sufficient to meet our working capital, capital expenditures and contractual obligation requirements,” Oracle reported to the SEC. And “we could fund any future acquisitions, dividend payments and repurchases of common stock or debt with our internally available cash, cash equivalents and marketable securities, cash generated from operations, additional borrowings or from the issuance of additional securities.” Oracle is in the midst of an $8 billion stock repurchase program, and purchased 27.5 million shares for $823 million in the three months ending Aug. 31. It is paying dividends and has its own robust merger and acquisition strategy, which in recent years has led to thousands of layoffs. Though not as flush as Apple, Cisco Systems reported that it held $44 billion in cash, with $39.8 billion of that stashed overseas. The company used $6.8 billion last year to benefit shareholders in the latest stage of a long term $82 billion stock repurchasing plan. At the same time, Cisco said, it was paring its workforce by 6,500 employees to beef up its bottom line. Requests for comment, by phone to Microsoft and Pfizer and by email to Google, were not returned. Continue this story and read more investigations at iWatch News

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AT&T Gears Up For Rare Antitrust Fight With DOJ

September 1, 2011

SAN FRANCISCO — The Justice Department’s rejection of AT&T’s proposed purchase of T-Mobile USA will test new federal guidelines on challenging mergers and the companies’ resolve in forming the nation’s largest wireless carrier. A courtroom battle is likely and could wring out information that the companies would prefer to keep private. Still, AT&T Inc. has a big incentive to fight: If the deal is called off, the company has to pay a $3 billion breakup fee and surrender some of its unused spectrum for wireless communications. AT&T is promising to fight the Justice Department’s decision. The department filed a lawsuit Wednesday to block the $39 billion deal, saying it would reduce competition and lead to price increases for customers. If AT&T follows through on that, it could produce the biggest antitrust showdown since business software maker Oracle Corp. squared off with the federal government seven years ago. That dispute, triggered by the government’s decision to block Oracle’s proposed purchase of rival PeopleSoft Inc., exposed several well-kept corporate secrets and required Oracle CEO Larry Ellison to testify before a packed courtroom. In the end, Oracle pulled off something few companies have done in the past 30 years: It persuaded a federal judge that the Justice Department didn’t have grounds to block its PeopleSoft deal. Oracle closed its $11.1 billion takeover four months after getting the favorable court ruling. Usually, not even the most powerful companies bother to fight government regulators in an antitrust dispute. Google Inc., for example, backed off in 2008 when the Justice Department threatened to sue to block a proposed Internet search partnership with Yahoo Inc. Microsoft Corp., the world’s largest software maker, pulled out of a deal to buy Intuit Corp. in 1995 after the Justice Department objected. The Justice Department filed 138 antitrust cases in federal courts from 1999 to 2008 and lost just four of them, according to the latest breakdown from the agency. One reason that the Justice Department has such a good track record is because it rarely challenges a deal unless it’s very confident it can win, said Joseph Bauer, a University of Notre Dame law professor and antitrust expert. Knowing AT&T would probably go to court, the Justice Department may have wanted to signal that it intends to get tougher on corporate marriages between rivals in markets with few other competitors. A union between AT&T and T-Mobile USA would leave Verizon and Sprint as the only other major cellphone carriers in the U.S. T-Mobile, a subsidiary of German telecom company Deutsche Telekom AG, is currently the No. 4 wireless carrier, while AT&T is second. Combined, AT&T would be the largest. In a sign of its confidence, the Justice Department decided to strike down the deal even though it could have taken about three more months to study the pros and cons. The timing stunned AT&T, which said it didn’t get any advance warning. “It was an aggressive and impressive move by the DOJ to take the battle right at AT&T,” said Daniel Wall, a San Francisco attorney who represented Oracle in its 2004 fight to win the right to buy PeopleSoft. “It sent a statement that the DOJ intends to fight this one all the way to the finish line.” Wall said AT&T may have a tougher time proving its case than Oracle did against the Justice Department. In the PeopleSoft deal, Wall said, antitrust enforcers seemed to be manipulating the definition of the business software market. “This time, it looks to me that they have a pretty solid market definition,” Wall said. “They don’t appear to be playing games.” University of Iowa law professor Herbert Hovenkamp said the Justice Department is being guided by a set of new guidelines, issued late last year, which make it clearer when mergers should be challenged on antitrust grounds. “I don’t think they are overreaching here,” Hovenkamp said. “If there is a broader message here, it’s that the government intends to enforce these new guidelines.” Besides being forced to divulge potentially damaging information, AT&T will face other risks if it doesn’t settle with the Justice Department. Going to trial will take months, or even years, leaving the company in a legal limbo that could depress its stock price and cause customers and key employees to defect. There’s another risk to going to trial: as they try to prove their case, antitrust lawyers sometimes obtain confidential e-mails that contain embarrassing snippets and present other evidence that can make companies look bad. Those are some of the reasons why AT&T mayl try to reach some kind of settlement with the government. If AT&T persists, antitrust experts said that it’s better off going up against the Justice Department than the Federal Trade Commission, which also handles antitrust reviews. That’s mainly because lawsuits with the Justice Department are contested in federal courts. By contrast, the threshold for the FTC to block deals is generally lower, and the ensuing legal skirmishes occur in administrative law proceedings that drag on longer. “The merging parties usually have a better shot when they are going up against the DOJ than the FTC,” said D. Daniel Sokol, a University of Florida professor specializing in antitrust law.

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Online Room Rental Startup Airbnb Scores $112 Million in Financing

July 25, 2011

(Reuters) – Airbnb, a website that lets travelers rent rooms in private homes around the globe, has secured $112 million in a second round of financing from Andreessen Horowitz, DST Global and General Catalyst. Airbnb co-founder Joe Gebbia said the new financing will help the company expand internationally and open new offices. Gebbia and his roommate Brian Chesky founded Airbnb — or “Air bed-and-breakfast” — in 2008 after renting out air mattresses in their apartment to people attending a San Francisco design conference. The three-year-old website, which garners 30 million page views a month, matches travelers looking to rent a temporary space — from a room in a New York City apartment to a villa in France — with homeowners looking to pad their earnings or fill a short-term vacancy. Airbnb, which now has total funding of $119.8 million, offers listings in more than 16,000 cities in 186 countries. “Growth has been flat-out explosive, with over 2 million room nights already booked,” Andreessen Horowitz general partner Jeff Jordan said. Venture capital investments are on the rebound. VC firms raised $2.7 billion in the second quarter, an increase of 28 percent from a year earlier, according to data from Thomson Reuters and the National Venture Capital Association. But the fund-raising was spread across just 37 firms, continuing a trend of VC investment concentrating in a handful of more influential outfits such as Andreessen Horowitz. The concentration on fewer start-ups is pushing up valuations, industry experts say. During the 2010 second quarter, 48 firms raised $2.1 billion. (Reporting by Edwin Chan; editing by John Wallace) Copyright 2011 Thomson Reuters. Click for Restrictions .

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To Repay Bailout, ING Sells Online Bank To Capital One

June 17, 2011

AMSTERDAM/CHARLOTTE, North Carolina (Sara Webb and Joe Rauch) – Capital One Financial Corp plans to buy ING Group NV’s U.S. online bank for $9 billion in cash and stock, freeing the Dutch bank to repay bailout funds and sever its state ties. ING is in the throes of a wrenching restructuring, forced on it as a condition of a 10-billion-euro state bailout during the 2008 financial crisis. The European Commission and ING agreed on a restructuring plan in late 2009, the most surprising part of which was a mandate that ING sell its U.S. online banking operations. But ING has made clear it wants to be freed of its state shackles, as that would lift restrictions on making acquisitions and give it more flexibility on pricing and allow it to compete more easily. The Capital One deal caps a long list of divestments by the Dutch bancassurer. It has raised at least 5.4 billion euros from the sale of assets including its Asian private banking assets and insurance operations in Canada, Taiwan, Australia and Chile, and agreed to sell most of its real estate investment management operations to CB Richard Ellis and other parties in a deal worth $1.1 billion. But it still must complete the sale of ING Direct USA, and spin off its U.S. European and Asian insurance operations in two separate IPOs next year. It also plans to divest its Latin American insurance business in the next few months. Last month, ING paid 3 billion euros to the Dutch state, which included a 50 percent premium, and said at the time that it would repay the remaining 3 billion euros by May 2012. With the proceeds from selling its U.S. unit to Capital One, ING could repay the remainder sooner, but Chief Executive Jan Hommen said any decision on early repayment could be dictated by the outcome of a European court case, with a hearing set for next month. ING and the Dutch state had objected to European Commission calculations on how much state aid it has received. If ING wins the case, that could mean it has to divest less business. Hommen also dismissed any talk of going on the prowl for acquisitions once the state has been repaid in full. “I’m not looking to do acquisitions,” he told reporters in a conference call. “We still are in the process of separating our banking and insurance operations, to bring the IPOs to market next year … we have a lot of work to do.” Lemer Salah, an analyst at SNS Securities, said that he expected ING to focus on expanding its retail banking operations in Europe and emerging Europe once the restrictions are lifted. “Once they’ve repaid the state they can really expand their retail operations, through M&A or growth,” he said. LEAPFROG ING will receive a 9.9 percent stake in Capital One as part of the deal, with a six-month lock-up on holding the shares, and will have the right to name a director to the U.S. bank’s board. Following the acquisition, Capital One — a McLean, Virginia-based bank which is best known for its credit card unit — will leapfrog two places up the rankings of the largest U.S. banks to become the nation’s seventh-largest bank by assets, according to SNL Financial, a financial services data firm. The deal is the latest step in Capital One’s efforts to transform itself from its credit card lending roots. “Capital One is picking up market share at what they feel are reasonable rates,” said Matt McCormick, portfolio manager with Bahl & Gaynor Investment Counsel. “They’re thinking that now’s the time to pick up market share by acquisition. It’s a risk, but it’s a calculated risk.” The U.S. bank will pay $6.2 billion in cash and $2.8 billion in stock. It will raise $2 billion in new capital and will offer debt of about $3.7 billion to help finance the deal, which is expected to close around the end of the year. According to SNL Financial, ING Direct USA is the 20th-largest U.S. bank. As of March 31, Capital One had $199.3 billion of assets. Capital One said it expects to realize “modest” cost-savings of $90 million from the deal, and funding savings of $200 million annually. It said the deal would be accretive to earnings per share in 2012 and would result in “mid-single digit accretion” in 2013. Shares of Capital One closed up 2.4 percent at $49 on Thursday. Morgan Stanley, Barclays Capital and Centerview Partners LLC acted as financial advisers to Capital One and Wachtell, Lipton, Rosen and Katz, Mayer Brown and Loyens & Loeff acted as legal advisers. Deutsche Bank advised ING. (Additional reporting by Maria Aspan and Ben Berkowitz in New York; Editing by Jon Loades-Carter) Copyright 2011 Thomson Reuters. Click for Restrictions .

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Robert Lenzner: Warren Buffett Is Human, After All

April 29, 2011

The media loves to fall in love with Masters of the Universe — such as the former CEOs of Tyco, Enron, Worldcom, GE, Citigroup, Lehman Brothers and Merrill Lynch. Only some of them are in prison. That is, until they fall from grace and then the media dons its armored lances and savages their fallen Gods of Mammon. Just like that. If you doubt me, try to conjure up in your head all those cover stories of bygone heroes. I’m guilty of the same superficial hosannas. Now comes the Oracle of Omaha, the darling of CNBC, the beneficiary of innumerable Fortune covers — some jointly with Bill Gates. Imagine the relish with which the media fastens on to the 80-year-old stock picker’s trust in a long time aide and heir-apparent, Mr. Sokol. Oh my God, a flaw in the Great Buffett. Let’s scrutinize his corporate governance bylaws. Let’s see if he’s morally or ethically fallible. Let’s go over it and over it and over it to tantalize the Bloomberg TV audience, because it is such a grave matter. The controversy is being treated as The Last Act of a formerly perfect human being. Hasn’t anyone read the biography that reveals many of his personal weaknesses and idiosyncrasies. Indeed, why didn’t he just fire the great betrayer Sokol, when he discovered the louse had bought $10 million in Lubrizol shares before putting a move on the boss to buy the whole company? That’s what I want to know. From Asia yet. Tell the bum to pack up and be gone. And then instruct Robert Denham of Munger Tolles to draw up a lawsuit demanding that Sokol return his undeserved gains to the innocent sellers of Lubrizol. I just hope tomorrow Warren and Charlie don’t have to answer questions about Sokol for 6 hours. I just hope we can learn what they think about the end of QE2, the way to balance the federal budget, and some of their concepts for the future of Berkshire. Should we be told who would take over for Warren and if the structure of the leadership should be overhauled? There will be demands for more future guidance from a hungry pack of Buffett followers. When it’s far more important that Buffett has warned that the glory days of Berkshire’s stock exploits are over. Does that mean the $100 peak for BRK B- that was hit in 2007 won’t be matched for quite a while? Better note that the stock is holding in the $83-84 range and hasn’t really fallen in the face of the Sokol controversy. Better yet, read Buffett, July 26, 2010 to his Managers(“The All-Stars”) and the Directors: “The priority is that all of us continue to zealously guard Berkshire’s reputation. We can’t be perfect but we can try to be.” Amen. “We can try to be.” That’s all.

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Robert Reich: The Wageless Recovery

April 26, 2011

This week’s biggest economic show occurs tomorrow (Wednesday) when Fed chair Ben Bernanke steps in front of the cameras for the Fed’s first-ever news conference. The question on everyone’s mind: Will the Fed signal it’s now more worried about inflation than recession? Much of Wall Street thinks inflation is now the biggest threat to the U.S. economy. As has been the case in the past, the Street is dead wrong. The biggest threat is falling into another recession. The most significant economic news from the first quarter of 2011 is the decline in real wages. That’s unusual in a recovery, to say the least. But it’s easily explained this time around. In order to keep the jobs they have, millions of Americans are accepting shrinking paychecks. If they’ve been fired, the only way they can land a new job is to accept even smaller ones. The wage squeeze is putting most households in a double bind. Before the recession, they’d been able to pay the bills because they had two paychecks. Now, they’re likely to have one-and-a half, or just one, and it’s shrinking. Add to this the continuing decline in the value of the biggest asset most people own – their homes — and what do you get? Consumers who won’t and can’t buy enough to keep the economy going. That spells recession. Why doesn’t Wall Street get it? For one thing, because lenders always worry more about inflation than borrowers — and, in general, the wealthier members of a society tend to lend their money to people who are poorer than they are. But Wall Street’s inflation fears are also being stoked by several specifics. First are price upswings in food and energy. The Street doesn’t seem to understand that when most peoples’ wages are dropping, additional dollars they spend on groceries and at the gas pump means fewer dollars they have left to spend in the rest of the economy. Rather than cause inflation, this is likely to lead to more job losses. The Street is also worried that the Fed’s easy money policies are pushing the dollar down and thereby fueling inflation – as everything we buy abroad becomes more expensive. But if wages are stuck in the mud and everything we buy abroad costs more, Americans have even fewer dollars to spend. This also spells recession, not inflation. Finally, the Street worries that if Democrats and Republicans fail to agree to a plan to cut the budget deficit, the credit-worthiness of the United States as a whole will be in jeopardy – causing interest rates to rocket and inflation to explode. Standard & Poors, the erstwhile credit-rating agency, has already sounded the alarm. The Street has it backwards. Over the long term, the deficit does have to be tackled. But not now. When job growth remains tepid, when wages are dropping, and when the value of most households’ major asset is declining, government has to step in to maintain overall demand. This is the worst possible time to cut public spending or reduce the money supply. The biggest irony is that the Street is doing wonderfully well right now, in contrast to most Americans. Corporate profits for the first quarter of the year are way up. That’s largely because corporate payrolls are down. Payrolls are down because big companies have been shifting much of their work abroad where business is booming. The Commerce Department recently reported that over the last decade American multinationals (essentially all large American corporations) eliminated 2.9 million American jobs while adding 2.4 million abroad. What the Commerce Department didn’t say is the pace is picking up. In 2000, 30 percent of GE’s business was overseas and 46 percent of its employees; now 60 percent of its business is outside the U.S., as are 54 percent of its employees. Over the past five years, Oracle added twice as many workers overseas as in the US; 63 percent of its employees now work abroad. Corporations are simultaneously finding ways to cut the pay of their remaining U.S. workers — not just threatening job losses if they don’t agree to the cuts, but also automating the work or sending it to non-union states. (The Wall Street Journal’s editorial page, an unremittingly reliable barometer of Street thought, argued earlier this week that such states offer workers the freedom to choose whether to join a union — in reality, the freedom to lose even more bargaining power and be forced to accept even lower wages.) America’s jobless recovery is becoming a wageless recovery. That puts the odds of another recession greater than the risk of inflation. Wall Street and its representatives in Washington don’t understand — or don’t want to. Robert Reich is the author of Aftershock: The Next Economy and America’s Future , now in bookstores. This post originally appeared at RobertReich.org .

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Patersons Names Two Technology Business Veterans to Executive Team

April 18, 2011

Former SunGard and Yahoo! Executive Appointed as CTO, Former Concur and Oracle Executive Named Vice President of Delivery for Growing Global Payroll Provider

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Patersons Names Two Technology Business Veterans to Executive Team

April 18, 2011

Former SunGard and Yahoo! Executive Appointed as CTO, Former Concur and Oracle Executive Named Vice President of Delivery for Growing Global Payroll Provider

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Buffett, Gates Try To Persuade India’s Billionaires To Give More To Charity

March 24, 2011

NEW DELHI (By Alistair Scrutton and C.J. Kuncheria) – Two of the world’s richest men, Bill Gates and Warren Buffett, will meet the cream of India’s rich on Thursday to tap the wealth of a new generation of billionaires for charity in the rapidly developing Asian giant after a similar visit to China. The visit of two of the world’s most generous philanthropists has sparked a renewed debate about the willingness of India’s rich to part with their money to support the nation’s hundreds of millions below the poverty line. Gates, the founder of Microsoft and the world’s second richest man, has set up a $37 billion foundation focused on health in developing countries, usually targeting common diseases with high mortality rates, such as malaria, polio and AIDS. The 80-year-old Buffett, dubbed the “Oracle of Omaha” for his formidable investment decisions that have built up a $200 billion empire with Berkshire Hathaway Inc, has pledged to give 99 percent of his wealth to charitable causes. Much of that money will go to the Bill and Melinda Gates Foundation. Two decades of economic boom have propelled India’s industrialists and software moguls to the top table of the world’s rich, with two in the top 10 of the Forbes list of the richest people this year. Gates, arriving in the Indian capital after a visit to the poor northern state of Bihar, said while he had no “measurable outcome” in mind from the meeting, he hoped it would encourage India’s richest to emulate other philanthropists. “It’s fair experience that as you get people together to talk about philanthropy, they will hear why other people have committed and agreed to what they’re doing. It’ll encourage them to do more,” Gates told a news conference ahead of his meeting with the Indian billionaires. The Indian billionaires include software czar Azim Premji, who in 2010 donated $2 billion for education and social projects, and G.M. Rao, the chairman of the GMR group who last week pledged $340 million in charity. Separately, Buffett will also call on Indian Prime Minister Manmohan Singh on Friday. In a country where more than 450 million people live in poverty, around 50 billionaires account for 20 percent of India’s GDP. In 2010, there were six Indian industrialists on Forbes.com’s list of the world’s top 50 billionaires. With that have come some fantastic displays of wealth, including a $1 billion, 27-storey private home built by Mukesh Ambani of Reliance Industries in the country’s financial capital Mumbai. Bentleys now mix with bullock carts and rickshaws on the streets of Indian cities. But India’s billionaires have not been as willing to loosen their purse strings as their American counterparts, according to a study by the consultancy Bain & Co said in 2010. Charitable giving in India probably totaled about $7.5 billion in 2009, according to the study by Bain & Co, equivalent to about 0.6 percent of the country’s GDP. That percentage is higher than Brazil’s 0.3 percent and rival China’s 0.1 percent, but it falls way short of the 2.2 percent in the United States, and 1.3 percent in Britain, the report said. “Our crorepatis (billionaires) have a poor record of giving,” India’s NDTV said on its website. “They say they will turn up at the event to hear the wit and wisdom of the Oracle of Omaha — but may send him back with empty pockets.” (Writing by Matthias Williams; Editing by Sugita Katyal) Copyright 2010 Thomson Reuters. Click for Restrictions .

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Yvette Kantrow: Means, Ends and Money

March 11, 2011

The media has long taken it on faith that private equity is an evil, possibly criminal, enterprise, run by money-hungry fraudsters who bury their companies in debt, rape them for fat dividends and charge onerous fees to their investors. (Who can forget the old Businessweek’s infamous “Gluttons at the Gate” cover story?) So it was a bit jarring a few weeks back to come across a piece on Fortune.com lamenting private equity’s inability to buy really large companies that just a few years ago were easily within reach. “It’s a significant loss of clout that shows no sign of abating, and the big losers are those with megacap stocks in their portfolios,” writes Dan Primack, Fortune’s resident private equity expert. “No longer can such folks buy, hold, and wait to be cashed out by free-spending financial sponsors.” So let’s get this straight. Private equity’s inability to do megadeals is bad for shareholders of big public companies — the piece lists investors in Microsoft, Boeing, CVS Caremark, Home Depot, Oracle and United Healthcare as examples — “who must now content themselves with hefty dividends and steady revenue growth” rather than benefit from the quick payday that a private equity sale could bring. Perhaps Primack was simply trying to make his piece relevant to Fortune, which has always aimed its content at public shareholders (when it wasn’t fawning over CEOs) and has long preached the supremacy of shareholders’ interests. But there’s something unsettling here. The media has spent years painting private equity as a destructive villain. Is all that forgiven if it means that holders of megacap stocks can make a quick buck? Put another way, do the ends justify the means? Shareholders seem to think so, as evidenced by the recent high-profile, controversial buyouts of two consumer-brand icons, J.Crew and Del Monte Foods. Both deals, which feature some of the biggest names in private equity, were the result of conflict-ridden, faulty processes, and for that reason, both were the subject of lawsuits in Delaware. But they were both eventually approved by shareholders, who received a high premium for their holdings. This presented a problem for a media that’s usually all too happy to call out private equity firms for the merest hint of untoward behavior. Indeed, a segment on CNBC about the two deals was headlined “LBOs — Last Legal Scam” and carried a crawl reading “Why management-led buyouts are scamming investors out of money.” But for all that graphics bluster, host David Faber couldn’t help but point out that both deals carried high multiples and juicy premiums. “Why isn’t that good for shareholders?” he asked his guest, Stuart Grant, co-founder of Grant & Eisenhofer, the plaintiffs’ law firm on both the J.Crew and Del Monte deals. Grant gamely tried to explain that the problem is the flawed processes behind the deals and the lack of any real competitive bidding. But that message was largely lost on CNBC, given the fact that shareholders of both companies fared fairly well. Who cares about process when shareholders are making money? But when shareholders are losing money, well, watch out. That’s when the media becomes obsessed with process — and is pretty sure the process isn’t just flawed, but illegal. Remember Analystgate? That research analysts existed more to serve investment bankers than investors was an open secret on Wall Street and in the media for years. It only started garnering outraged headlines (and possible perp walks) when the dot-com bubble burst and people lost money. Before that, everyone just shrugged — and went on counting their gains. Something similar is now happening in the wake of the financial crisis as the media continues its collective handwringing over the fact that not one Wall Street bigwig has gone to jail — a handwringing that grew more intense after “Inside Job” director Charles Ferguson lamented the lack of financial jailbirds during his acceptance speech at the Academy Awards and was met with wild, approving applause. This isn’t to say that no criminal activity took place during the run-up to the crisis or that investigators shouldn’t be digging to find and punish wrongdoers. But what, exactly, makes the Oscars glitterati so sure that financial executives belong in jail? The answer is that lots of people lost lots of money, which seems to be proof enough that the financial system is not just seriously flawed or wildly unfair, but downright criminal. It’s funny. That’s what people thought about private equity not long ago. But now that shareholders are eager for gains, nobody seems to mind. See the complete archive of Media Maneuvers Yvette Kantrow is executive editor of the Deal magazine.

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Jim Franklin Joins SendGrid as Chief Executive Officer

March 9, 2011

TechStar Mentor and Oracle Alumni Brings Vision, Strategy for the Future of Email

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Oracle Wins $1.3 Billion Over Stolen Files

March 3, 2011

SAN FRANCISCO (Reuters) – SAP AG (SAPG.DE: Quote, Profile, Research, Stock Buzz) has been ordered to pay Oracle Corp (ORCL.O: Quote, Profile, Research, Stock Buzz) $1.3 billion for stealing files in Silicon Valley’s priciest legal controversy — and San Francisco’s top federal prosecutor may raise the stakes even more. Newly installed Attorney Melinda Haag in San Francisco is now personally reviewing a criminal copyright investigation, which is independent of the civil case won by Oracle last year, one attorney familiar with the probe said. The decision on whether to prosecute that case comes as Haag tries to make Northern California a hub of white collar enforcement that rivals New York. And it is just those types of headline-grabbing, high impact prosecutions that observers say have been lacking from federal gumshoes in the Bay Area. In an interview with Reuters, Haag, who took over the job last August, said big prosecutions send a message, and it is important for her office to send them. “High profile cases have deterrent value just because people are paying attention,” she said. Haag would not confirm or deny any criminal investigation surrounding SAP. Spokespeople for SAP and Oracle declined to comment. With its robust financial services sector, high-tech giants and biotech start-ups, Northern California has long been viewed as a natural location for corporate crime enforcers. But when the FBI recently banged down doors in Silicon Valley to nab insider trading defendants, San Francisco federal prosecutors found themselves making perfunctory court appearances on bail, before the cases were shipped back East for the heftier legal battles. The realm of insider trading — particularly the case around hedge fund Galleon — is probably the most glaring example of Manhattan federal prosecutors taking the lead over their Bay Area colleagues. Hedge fund founder Raj Rajaratnam heads to trial in New York next week, even though a swath of the alleged criminal conduct, related guilty pleas, and a probe of expert networks used by hedge funds have come from Silicon Valley, generating strong business for California defense lawyers. Haag flashes a wry grin at the Galleon case and notes that New York took charge before she became U.S. Attorney. “If the misconduct occurred here, the witnesses are here, and the evidence is here, the case should be handled here,” Haag said. “New York may beg to differ, and we may have to have some conversations down the road.” Ten years ago, current FBI director Robert Mueller was U.S. Attorney in San Francisco and the office was front and center in several cases, eventually taking a big role in the Enron Task Force. But under Mueller’s successor, Kevin Ryan, several experienced white collar prosecutors — including Haag — left for private practice. White collar crime case charges dropped by half in five years to a low of 62 in fiscal year 2005, according to U.S. Department of Justice statistics. The case figures started to come back up under Joseph Russoniello, Haag’s immediate predecessor, but the best known recent Bay Area federal case is the upcoming perjury trial against baseball home run king Barry Bonds over performance enhancing drugs. Haag’s ambitions also face some budget realities. Eight job offers to prospective prosecutors — which were already accepted by the candidates — have been held up in Washington due to a hiring freeze, Haag said. “HIGH BAR” IN SAP CASE A criminal copyright case against SAP could be tough. The allegations against SAP have been public since Oracle sued in 2007, claiming that an SAP subsidiary wrongfully downloaded millions of Oracle’s files. SAP is seeking to reduce the $1.3 billion verdict. Even though SAP admitted to liability in the civil case, if federal prosecutors brought a case against the company or any individuals they would have to prove an element of willfulness that Oracle didn’t, said Eric Goldman, a professor at Santa Clara University School of Law. “Willfulness in a criminal context is a very high bar,” Goldman said. Speaking generally, Haag said prosecutors’ speed is an important factor in encouraging tech companies to come forward when they are hacking victims. Otherwise they may remain silent. “Sometimes these companies do make a business decision that they don’t want to report it; they don’t want the publicity,” she said. Haag has added two prosecutors to a group devoted to health care fraud in the district, which has been a Justice Department priority nationally. It was part of a larger office reorganization that had some prosecutors still settling into new offices in January. That process, Haag acknowledged, led to lost time, and she knows that charging cases is the key to publicizing her office’s efforts. “My mantra with people here is this is a wonderful case, a great case that you’re investigating, and no one knows about it,” Haag said. “So let’s get it resolved.” (Reporting by Dan Levine, editing by Gerald E. McCormick) Copyright 2011 Thomson Reuters. Click for Restrictions .

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Dal LaMagna: "Hail Mary" or "Hail Arianna"?

February 8, 2011

Ken Auletta at the New Yorker is saying that the AOL acquisition of the Huffington Post is Tim Armstrong’s “Hail Mary” pass for AOL. Since yesterday’s announcement AOL’s stock has been failing towards its yearly lows of $19.52 now at $20.50 as I write this. I say this is a “Hail Arianna” pass that will be caught. How can one person make the difference in the fortunes of a company? Think Steve Jobs of Apple, Larry Ellison of Oracle, Bill Gates of Microsoft, Larry Page of Google, and Mark Zuckerberg of Facebook. Arianna is now the president of the Huffington Post Media Group an AOL Company with a domestic audience of 117 million people. I was an original investor in Arianna Huffington’s Huffington Post back in March of 2005. Why? I wanted to see an effective progressive voice operating online. Back then Arianna was a consummate blogger who relentlessly and effectively articulated many of our frustrations with the Bush administration particularly its march into Iraq. Back then Arianna met Ken Lerer a genius strategist and teamed up with him to create the Post. Ken helped built the infrastructure around Arianna turning the blogger she once was into an institution. Last year Arianna met Tim Armstrong the new CEO of AOL and now he teams up with her supplying the infrastructure that multiplies the reach of the Post fivefold. Yes, I made a very nice return on my investment. I am using part of it to aggressively buy up AOL stock and while saying my Hail Ariannas.

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HP Shakes Up Its Board

January 20, 2011

SAN FRANCISCO (Reuters) – Hewlett-Packard Co is shaking up its board, bringing in five new directors including former eBay chief Meg Whitman, as new CEO Leo Apotheker remakes the company. HP’s board had been criticized by analysts, shareholders and other business leaders after it forced out Mark Hurd as CEO in a controversial fashion. HP said the new directors will bring fresh thinking to the world’s largest technology company by revenue, including much-needed expertise in areas such as telecommunications, as well as international experience. In addition to Whitman, HP named as directors Shumeet Banerji, CEO of Booz & Co; Gary Reiner, former chief information officer of General Electric Co; Patricia Russo, former CEO of Alcatel-Lucent; and Dominique Senequier, CEO of AXA Private Equity. The technology giant said directors Joel Hyatt, John Joyce, Robert Ryan and Lucille Salhany will not stand for reelection by shareholders. The four are all leaving voluntarily, HP said. Hyatt and Joyce have been directors since 2007, Ryan since 2004, and Salhany since 2002. The changes will leave HP with 13 board members. “With Leo coming in as CEO, we both thought it was appropriate to look at the board,” said HP Chairman Ray Lane in an interview. Gleacher & Co analyst Brian Marshall said investors should welcome the move. “Net-net I think this is a big positive. To shake it up a little bit and get some of the old-school guys out of there and get some new -school blood in there, highlighted by Meg Whitman, this is a positive development,” he said. Apotheker, the former CEO of SAP AG, took over as chief of HP in November. “This change was two things — the handling of the Mark Hurd situation, which was very controversial, and that with a new CEO it makes sense to have someone new,” said Kaufman Bros anlayst Shaw Wu. Hurd’s departure in August stunned investors and sent shares tumbling 8 percent in the first trading day after the announcement. Now an Oracle co-president, Hurd left under a cloud of sexual harassment accusations, although the board found no evidence to back up that allegation. HP instead accused Hurd of filing inaccurate expense reports to conceal a “close personal relationship” with a former contractor, although Hurd’s representatives have disputed that. Shares of Palo Alto, California-based HP were down 4 cents at $46.74 following announcement of the board changes, which came after the stock closed down 0.9 percent at $46.78 on the New York Stock Exchange. (Reporting by Gabriel Madway; Editing by Steve Orlofsky, Gary Hill)

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Ex-HP CEO Mark Hurd Fights To Keep Letter Confidential

December 28, 2010

WILMINGTON, Delaware (Reuters) – Hewlett-Packard Co’s former chief executive, Mark Hurd, asked to intervene in a Delaware shareholder lawsuit as he tries to keep private a letter tied to his abrupt departure. In court documents filed on Tuesday, Hurd asked to become a party to a lawsuit brought by a shareholder against Hewlett-Packard for the narrow purpose of keeping under wraps a letter sent to him. Both the shareholder and the company have said they do not believe the letter should be considered confidential. Hurd, who has since joined Oracle as president, resigned suddenly from Hewlett-Packard in August, stunning investors and sparking an investigation by regulators. The letter at the center of the Delaware Chancery Court fight was sent by attorney Gloria Allred on behalf of Jodie Fisher, a contractor for Hewlett Packard. Allred was attempting to mediate a dispute between Hurd and Fisher, who has said the letter in dispute contained “many inaccuracies,” according to court documents. Fisher sparked an investigation that eventually led to Hurd’s departure. The shareholder lawsuit was brought by Ernesto Espinoza, who sued the company to inspect its books. Attorneys for Hurd did not immediately return a call for comment. Officials with Oracle and HP declined comment. The case is Ernesto Espinoza v Hewlett Packard Co, Delaware Chancery Court, No. 6000. (Reporting by Tom Hals and Jim Finkle in Boston; Editing by Gary Hill) Copyright 2010 Thomson Reuters. Click for Restrictions .

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Video: Most U.S. Stocks Rise as Profits Offset Europe Concerns

December 17, 2010

Dec. 17 (Bloomberg) — Bloomberg’s Deborah Kostroun reports on the performance of the U.S. equity market today. Most U.S. stocks rose, sending the Standard & Poor’s 500 Index to a two-year high, as better-than-projected earnings forecasts at Oracle Corp. and Research In Motion Ltd. and the takeover of a regional bank overshadowed concern Europe’s debt crisis will spread. Bloomberg’s Pimm Fox also speaks.(Source: Bloomberg)

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Video: Most U.S. Stocks Rise as Profits Offset Europe Concerns

December 17, 2010

Dec. 17 (Bloomberg) — Bloomberg’s Deborah Kostroun reports on the performance of the U.S. equity market today. Most U.S. stocks rose, sending the Standard & Poor’s 500 Index to a two-year high, as better-than-projected earnings forecasts at Oracle Corp. and Research In Motion Ltd. and the takeover of a regional bank overshadowed concern Europe’s debt crisis will spread. Bloomberg’s Pimm Fox also speaks.(Source: Bloomberg)

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Video: Breza Says Oracle License Sales `Encouraging’ for Growth

December 17, 2010

Dec. 17 (Bloomberg) — Robert Breza, an analyst at RBC Capital Markets, talks about the growth outlook for Oracle Corp. and the company’s second-quarter profit reported yesterday. Oracle posted adjusted earnings of 51 cents a share in the period ended Nov. 30, exceeding analysts’ average prediction of 46 cents. The second-largest software maker also said profit execluding certain expenses will be 48 cents to 50 cents a share. Breza speaks with Erik Schatzker on Bloomberg Television’s “InsideTrack.” (Source: Bloomberg)

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Video: Moore Says Oracle Verdict `Positive Signal’ for Industry

November 24, 2010

Nov. 24 (Bloomberg) — Ted Moore, a portfolio manager at Fifth Third Asset Management, talks about Oracle Corp. winning a $1.3 billion jury verdict against rival SAP AG for copyright infringement by a now-defunct software maintenance unit. Moore speaks with Betty Liu and Sheila Dharmarajan on Bloomberg Television’s “In the Loop.” (Source: Bloomberg)

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Georges Ugeux: Why Oracle’s CEO Should be Fired and its Board Sued by Shareholders

October 5, 2010

(A premature version of this blog was posted by mistake yesterday) Corporate America doesn’t get it. This is not only the banks. Larry Ellison is definitely the best paid CEO of America: he pocketed $ 1.84 billion dollars over the last 10 years according to the Wall Street Journal. His shareholders lost 12 % over the same period. I thought incentive compensation to CEOs was deemed to recompense performance: Oracle is a perfect example of what is wrong with Corporate America. Compensation of CEOs has long been the subject of arguments and generally deemed outrageous. It is what makes the face of U.S. corporations the synonym of greed. But what is now at stake, is that, while the amounts themselves are outrageous, their correlation to performance has become questionable. Last week Mr. Ellison launched an attack on the HP Board for the way Mark Hurd, its President, resigned from HP. Does he forget that his shares trade at 11x earnings, while HP’s trade at 21x earnings? Is that a vote of confidence of shareholders? Mr. Hurd received a severance package of $ 40 million for a meager 39% increase of the stock price of the company during its tenure. Ellison actually immediately rehired Mark Hurd, in a move that demonstrates why golden parachutes have no raison d’être. He continued by criticizing HP’s choice for the replacement of Mark Hurd, Leo Apotheker, the former CEO of SAP AG, a direct competitor to Oracle. He asked for “the resignation of the HP Board en masse…the madness must stop”. Mr. Ellison is right: the madness must stop. But let’s make it stop urgently at Oracle with a CEO who paid himself outrageously while his shareholders got nothing. The Chairman of that Board is Jeffrey O. Henley is … the former CFO of Oracle for 15 years. This makes him a former subordinate of Larry Ellison. He is also a member of the Executive Committee chaired by Larry Ellison and, as such, not an independent Chairman. Based on those facts, one is not surprised that the Oracle’s Board opposed the creation of a Board Committee on the sustainability of the Company to “review the company’s corporate policies, above and beyond matters of legal compliance, in order to assess, and make recommendations to enhance, the company’s policy responses to changing conditions and knowledge of the natural environment, including but not limited to, natural resource limitations, energy use, waste disposal, and climate change.” Beyond this situation, however, we need to reflect. Is there any such thing as corporate governance at Oracle? The resignation of Joseph Grundfest from that Board in 2006 should have rung an alarm bell: he is a respected professor of Board governance at Stanford University and a former SEC Commissioner. He launched the Arthur and Toni Rembe Rock Center for Corporate Governance at Stanford Law School and founded the prominent Director’s College at Stanford. He resigned in 2006 because his position at the Rock Center was deemed not to be compatible with his duties as a director of Oracle. The lack of reaction of its main institutional shareholders is a shame. I am sure that College America is fully satisfied to hold 6% of the stock and be its largest shareholder, thereby being able to finance. The failure of the Board of Directors of the Banks should not make us forget that Oracle, HP, Enron and BP suffered from the same blindness. The fact that such situations are allowed to persist discredits Corporate America and its claim to “the best governance in the world”. Larry Ellison said he was “speechless”. So am I, Larry, but probably not for the same reasons.

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400 Richest Americans Got Richer This Year, As Most Americans’ Net Worth Tanked: Forbes

September 23, 2010

The richest Americans got even richer this year, according to the new Forbes 400 list, even as the country’s total net worth tanked during the second quarter. The top 400, all of whom are worth at least $1 billion, saw their combined wealth increase 8 percent this year, to the dizzying total of $1.37 trillion, according to analysis from CNN . Meanwhile, according to data released last week by the Federal Reserve, the net worth of American households and non-profits in the second quarter of this year plunged 2.8 percent, or $1.52 trillion, from the previous quarter, to settle at $53.5 trillion. This means the 400 richest people in America account for about 2.6 percent of the nation’s private wealth. Topping the list — again — is Bill Gates , at $54 billion, up from $50 billion last year. In second is Warren Buffett, the so-called Oracle of Omaha who Thursday said it’s “common sense” that “we’re still in a recession,” with $45 billion. Members of the Walton family (of Walmart fame) snagged spots four, seven, eight and nine. New York mayor Michael Bloomberg, with $18 billion, came in 10th. Investor George Soros, who last week called the nation’s economy “blah,” came in 14th with $14.2 billion. Charles and David Koch, the manufacturing and energy titans and Tea Party movement bankrollers, profiled by Jane Mayer in The New Yorker last month, tied for fifth place with $21.5 billion apiece. Facebook founder Mark Zuckerberg, in 35th place with $6.9 billion, is no longer the youngest billionaire on the list — his colleagues at Facebook, Dustin Moskovitz (in 290th with $1.4 billion) and Eduardo Saverin (in 356th with $1.15 billion) have joined him. Moskovitz is eight days younger than Zuckerberg. Both are 26. In a video interview with Forbes , Buffett said he is “sort of wired for capital allocation” and that he loves his profession so much that “I would be doing what I do now, and I would have done it in the past, if the payoff had been in seashells or shark’s teeth or anything else.” Buffett was having a conversation with rapper Jay-Z, who didn’t make the billionaires list, and who offered insights into his own rise to glory: “We were into a lot of street things,” he said. “It just so happened I had a talent to make music.”

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Video: Schwartz Calls Hurd Litigation Resolution `Miraculous’: Video

September 20, 2010

Sept. 20 (Bloomberg) — Murray Schwartz, a partner at Schwartz and Perry, talks about the resolution of litigation involving Oracle Corp. and Hewlett-Packard Co. over the appointment of Mark Hurd as a president of Oracle and reaffirming the long-term partnership between the two companies. Hurd was sued Sept. 7 by HP, which tried to block his move. The company said working as a president at Oracle would make it “impossible” for him to avoid using or disclosing HP’s trade secrets and confidential information. Schwartz speaks with Pimm Fox on Bloomberg Television’s “Taking Stock.” (This report is an excerpt. Source: Bloomberg)

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Video: Hilal Says Hurd Will Help Oracle’s Integration of Sun: Video

September 20, 2010

Sept. 20 (Bloomberg) — David Hilal, an analyst at FBR Capital Markets, talks about Oracle Corp.’s new co-president Mark Hurd and the role he may have in the integration of Sun Microsystems Inc. Hilal speaks with Betty Liu on Bloomberg Television’s “In the Loop.” (Source: Bloomberg)

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Video: Moore Says HP Has `Bench Strength’ for CEO Candidates: Video

September 17, 2010

Sept. 17 (Bloomberg) — Ted Moore, portfolio manager at Fifth Third Asset Management, discusses Hewlett-Packard Co.’s search for a successor to Mark Hurd as chief executive officer. Moore, speaking with Betty Liu on Bloomberg Television’s “In the Loop,” also discusses Oracle Corp.’s first-quarter profit reported yesterday and the outlook for Research In Motion Ltd. (Source: Bloomberg)

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Video: Breza Says Oracle Helped by New License Revenue Growth: Video

September 17, 2010

Sept. 17 (Bloomberg) — Robert Breza, an analyst with RBC Capital Markets Corp., discusses Oracle Corp.’s first-quarter results and effects of the company’s acquisition of Sun Microsystems Inc. this year. Oracle, the second-largest software maker, said excluding acquisition costs and other expenses, earnings climbed to 42 cents a share last quarter, beating the 37-cent average of analysts’ estimates compiled by Bloomberg. Breza talks with Deirdre Bolton on Bloomberg Television’s “InsideTrack.” (Source: Bloomberg)

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Video: Ponvert Says Hurd May Cause `Clash of Egos’ at Oracle: Video

September 16, 2010

Sept. 16 (Bloomberg) — Renny Ponvert, chief executive officer of Management CV, talks about Oracle Corp.’s decision to hire Mark Hurd, who formerly ran Hewlett-Packard Co., as co-president.¶ Ponvert speaks with Pimm Fox on Bloomberg Television’s “Taking Stock.” (Source: Bloomberg)

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Video: Ponvert Says Hurd May Cause `Clash of Egos’ at Oracle: Video

September 16, 2010

Sept. 16 (Bloomberg) — Renny Ponvert, chief executive officer of Management CV, talks about Oracle Corp.’s decision to hire Mark Hurd, who formerly ran Hewlett-Packard Co., as co-president.¶ Ponvert speaks with Pimm Fox on Bloomberg Television’s “Taking Stock.” (Source: Bloomberg)

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Video: Ponvert Says Hurd May Cause `Clash of Egos’ at Oracle: Video

September 16, 2010

Sept. 16 (Bloomberg) — Renny Ponvert, chief executive officer of Management CV, talks about Oracle Corp.’s decision to hire Mark Hurd, who formerly ran Hewlett-Packard Co., as co-president.¶ Ponvert speaks with Pimm Fox on Bloomberg Television’s “Taking Stock.” (Source: Bloomberg)

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Video: Thill Calls Oracle’s License Growth `Clear Performer’: Video

September 16, 2010

Sept. 16 (Bloomberg) — Brent Thill, analyst at UBS AG, talks about first-quarter earnings at Oracle Corp. Oracle reported profit and revenue that beat analysts’ estimates as sales of database software and Sun Microsystems server computers helped it capitalize on a recovery in information-technology spending. Thill talks with Carol Massar and Matt Miller on Bloomberg Television’s “Street Smart.” (Source: Bloomberg)

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SENA Systems Appoints New Chief Architect for Oracle E2.0 Practice

September 16, 2010

Troy Allen, Newly Honored by Oracle’s Deputy CTO Program, to Help Lead SENA’s Oracle E2.0 Business

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SENA Systems Appoints New Chief Architect for Oracle E2.0 Practice

September 16, 2010

Troy Allen, Newly Honored by Oracle’s Deputy CTO Program, to Help Lead SENA’s Oracle E2.0 Business

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TOA Technologies Names Bruce Grainger as New Senior Vice President of the Americas

September 16, 2010

Former Oracle Leader Brings More Than 20 Years of Technology Sales and Executive Management Experience to Industry-Leading SaaS Vendor

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TOA Technologies Names Bruce Grainger as New Senior Vice President of the Americas

September 16, 2010

Former Oracle Leader Brings More Than 20 Years of Technology Sales and Executive Management Experience to Industry-Leading SaaS Vendor

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ArcSight, Hewlett-Packard Deal Made For $1.5 Billion

September 13, 2010

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

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Mark Hurd’s Salary At Oracle Said To Be $950,000

September 8, 2010

NEW YORK — Oracle plans to pay newly appointed President Mark Hurd a base salary of $950,000 a year. The company also says the former Hewlett-Packard Co. CEO, who was ousted by that company last month, is eligible for a fiscal 2011 bonus of as much as $10 million. Oracle released the details of Hurd’s pay package in a filing with the Securities and Exchange Commission on Wednesday. The biggest part of Hurd’s pay package will be the 10 million stock options Oracle plans to give him. The company said Hurd’s options will carry an exercise price equal to the market value of the shares on the date they are granted. While the filing did not offer a specific date, Oracle shares closed Tuesday at $24.26, which would value 10 million shares at $242.6 million. If he stays with the company, Hurd will be given options to buy another 5 million shares each year for the next five years. Oracle is not shy about handing out big salaries and bonuses. Founder and CEO Larry Ellison, among the world’s richest people, drew a pay package worth roughly $70 million for the company’s most recent fiscal year, according to an Associated Press analysis of Oracle’s securities filings. It included a base salary of $250,000, a performance-based bonus of $6.5 million, stock options valued at $61.9 million and other perks totaling $1.5 million. During HP’s most recent fiscal year, Hurd received a pay package as CEO valued at $24.2 million, according to an AP analysis. His base pay came to $1.3 million, with bonuses totaling $15.8 million and $6.6 million worth of restricted stock. Hurd’s future at Oracle was complicated Tuesday when Hewlett-Packard sued Hurd to keep him out of his new job. HP is worried Hurd will use his knowledge of the company to give Oracle an unfair advantage. Lawsuits of that kind often end with a court ordering an executive to avoid certain parts of their employers’ businesses. Hurd resigned from HP last month after five years as the company’s CEO. An investigation uncovered inaccurate expense reports related to Hurd’s outings with an actress and HP contractor named Jodie Fisher, who claimed that her work at HP dried up after she rebuffed Hurd’s advances. Hurd’s move to Oracle has injected new friction into Oracle’s relationship with HP. The two companies have cooperated for years, with HP selling corporate servers and Oracle providing the software that helps organize the information stored on them. But Oracle, which is based in Redwood City, Calif., moved into direct competition with HP in the hardware business when it bought Sun Microsystems for $7.4 billion last year.

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Video: RBC’s Breza Says Hurd Could Succeed Ellison at Oracle: Video

September 8, 2010

Sept. 8 (Bloomberg) — Robert Breza, an analyst with RBC Capital Markets Corp., discusses the appointment of former Hewlett-Packard Co. Chief Executive Mark Hurd as co-president at Oracle Corp. and HP’s lawsuit seeking to block the hiring. Hurd resigned from HP last month over ethics violations. Breza speaks with Deirdre Bolton on Bloomberg Television’s “InsideTrack.” (Source: Bloomberg)

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Larry Ellison Pay Package Worth $70 Million

September 7, 2010

NEW YORK — Oracle Corp. founder Larry Ellison, one of the world’s richest people, drew a pay package worth about $70 million during the company’s most recent fiscal year. That’s down 17 percent from $84.5 million the year before, according to an Associated Press analysis of Oracle’s securities filings. The drop in overall compensation, including a smaller base salary and fewer stock options, came despite a better financial performance by the business software company. In fiscal 2010, Oracle made a profit of $6.1 billion, up 10 percent from the year before. Revenue climbed 15 percent to $26.8 billion. Ellison’s base salary came to $250,000, down from $1 million the year before. But the company did boost his performance-based bonus to $6.5 million, up nearly 80 percent from $3.6 billion. The bonus last year was cut because the Oracle didn’t meet internal earnings targets. Ellison made less in stock options in the most recent year; about $61.9 million worth, down 21 percent from $78.4 million. Other perks added up to $1.5 billion, most of it for security at Ellison’s home, roughly in line with the prior year. The Associated Press formula is designed to isolate the value the company’s board placed on the executive’s total compensation package during the last fiscal year. It includes salary, bonus, performance-related bonuses, perks, above-market returns on deferred compensation and the estimated value of stock options and awards granted during the year. The calculations don’t include changes in the present value of pension benefits, and they sometimes differ from the totals companies list in the summary compensation table of proxy statements filed with the Securities and Exchange Commission, which reflect the size of the accounting charge taken for the executive’s compensation in the previous fiscal year.

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

September 7, 2010

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

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Eve Tahmincioglu: CEOs, horny or otherwise, get too many breaks

September 6, 2010

Job applicants with a bad history are typically screwed . If there’s information out there about your negative financial background, your crummy criminal background, or your salacious sexual background, you’re going to find it hard to find a job. Unless you’re a CEO. The president of Oracle, Charles Phillips, who had a mistress take out a billboard about his philandering is being replaced by the disgraced HP CEO Mark Hurd who was accused of sexual harassment and was kicked out of HP a month ago because of misconduct regarding his expenses. Some reports say Oracle CEO Larry Ellison is tennis buddies with Hurd. Probably all you need today to get a sweet job in Corporate American. The question is, will it help the company? If there’s a doubt, will shareholders, or workers question the choice? But more importantly, will Oracle women rise up and say, “this is screwed up!” I asked women who were in the know at Oracle, and the answer was, probably not. “Oracle is a very competitive and driven culture and people who thrive there long-term have a tendency to ‘suck it up’ and perform,” said one source familiar with the women’s culture at Oracle who did not want her name used. “Their women’s network operates in a narrow bandwidth of trying to stay politically correct and not rock the boat in a highly political company culture.” Translation: No one is standing up against Hurd’s appointment, women or otherwise. Oracle’s CEO Ellison, who has been married four times, has been defending Hurd since he got the boot from HP. So it’s not totally surprising that he’d hook up his buddy with a gig. He sent an email to the New York Times after Hurd was fired saying: “The H.P. board just made the worst personnel decision since the idiots on the Apple board fired Steve Jobs many years ago.” Clearly Ellison believes in his buddy. But should the rest of us? Hurd did do a good job of laying off lots of workers at HP, and he was paid handsomely for it , even upon his tainted departure. This seems to be the norm for so many CEOs — cut lots of jobs and you’ll be laughing all the way to the bank. Alas, if these guys don’t keep control of their penises it could cost the company some loose change. Just last week, one of the biggest janitorial companies in the nation, ABM Industries Inc., settled a suit for nearly $6 million for the sexual transgressions of some of its supervisors. The next sexual harassment and ethics training sessions at Oracle should be interesting.

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Charles Phillips Resigns as President of Oracle

September 6, 2010

Phillips Also Resigns From Oracle Board of Directors

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Mark Hurd, Ex-HP CEO, In Talks With Oracle For Job, Source Says

September 6, 2010

SAN FRANCISCO — Former Hewlett-Packard Co. CEO Mark Hurd is in talks to take a top executive job at Oracle Corp., the database software maker run by his friend Larry Ellison, a person with direct knowledge of the discussions said Sunday. It wasn’t immediately clear what job Hurd would take. But the person told The Associated Press that Ellison, the only person to serve as Oracle’s CEO since he founded the company 33 years ago, wouldn’t be leaving that post. This person emphasized that the talks were not yet finalized. The person was not authorized to discuss the confidential negotiations and spoke on condition of anonymity. The possibility of Hurd landing at Oracle isn’t a surprise. Ellison was vocal in coming to Hurd’s defense after Hurd’s sudden resignation Aug. 6 in the wake of a sexual harassment investigation. Hurd’s resignation was stunning because he was widely praised on Wall Street. Investors praised his cost-cutting; HP announced about 50,000 job cuts over the five years Hurd was CEO. Wall Street also liked that he engineered more than $20 billion in acquisitions, which helped HP reduce its dependence on printer ink for the bulk of its profits. HP is now a major player in technology services and computer networking. Those traits could help Hurd at Oracle, which is also known for aggressive dealmaking and cost cuts. Hurd would also join Oracle at an interesting juncture for both companies. Oracle, the No. 1 database software maker, and HP, the No. 1 personal computer and printer maker, are longtime partners that are increasingly squaring off against each other. Oracle’s $7.4 billion acquisition of Sun Microsystems last year made it a competitor to HP in the market for computer servers. The Wall Street Journal reported on Hurd’s job talks with Oracle earlier. In coming to Hurd’s defense following his resignation, Ellison called HP’s decision to oust Hurd the worst personnel decision since Apple Inc. forced out Steve Jobs – another of Ellison’s friends – 25 years ago. Jobs later returned and lifted Apple out of a funk, turning it onto a top maker of consumer-electronics products. Ellison has said the HP board’s decision to publicly disclose the harassment claim against Hurd amounted to “cowardly corporate political correctness,” as the board had found that Hurd didn’t violate the company’s sexual harassment policies. The investigation unearthed inaccurate expense reports connected with Hurd’s outings with his eventual accuser, an actress and HP contractor named Jodie Fisher. The substance of her claim was that her work helping organize HP events dried up after she rebuffed Hurd’s advances. Hurd, 53, who is married with two children, denies making any advances on Fisher. Hurd also insists he didn’t prepare his own expenses and didn’t try to conceal his outings with Fisher, which often included dinner after the events Fisher helped organize and that Hurd attended. HP has emphasized that its board voted unanimously for Hurd’s resignation.

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Robert Reich: Why Cheaper Money Won’t Mean More Jobs

August 29, 2010

Can the Fed rescue the economy by making money even cheaper than it already is? A debate is being played out in the Fed about whether it should return to so-called “quantitative easing” — buying more mortgage-backed securities, Treasury bills, and other bonds — in order to lower the cost of capital still further. The sad reality is that cheaper money won’t work. Individuals aren’t borrowing because they’re still under a huge debt load. And as their homes drop in value and their jobs and wages continue to disappear, they’re not in a position to borrow. Small businesses aren’t borrowing because they have no reason to expand. Retail business is down, construction is down, even manufacturing suppliers are losing ground. That leaves large corporations. They’ll be happy to borrow more at even lower rates than now — even though they’re already sitting on mountains of money. But this big-business borrowing won’t create new jobs. To the contrary, large corporations have been investing their cash to pare back their payrolls. They’ve been buying new factories and facilities abroad (China, Brazil, India), and new labor-replacing software at home. If Bernanke and company make it even cheaper to borrow, they’ll be unleashing a third corporate strategy for creating more profits but fewer jobs — mergers and acquisitions. The M&A wave has already started. Continental and United Airlines just got approval to merge. Biotech giant Genzyme is on the auction block after Sanofi-Aventis announced a $18.5 billion bid. On Friday, 3Par, a data storage company, accepted a $1.8 billion takeover offer from Dell — one day after Hewlett-Packard raised its offer. Campbell’s Soup is eying parts of United Biscuits, BHP Billiton has put in a takeover bid for Potash, Oracle or H-P are likely to pay up to $1.5 billion for security software maker ArcSight. Bain Capital is expected to acquire Air Medical Group for almost $1 billion. The insurance industry is headed for the biggest merger boom in recent history. Who wins from all this? If history is a guide, shareholders of acquired companies do better than shareholders of companies doing the acquiring. Top executives who end up running bigger corporations get fatter pay packages. And Wall Street and big-name corporate law firms who engineer the M&As reap a bundle. Who loses? Large numbers of ordinary workers will lose their jobs. After all, the purpose M&As is to create greater economies of scale and more “synergies.” Translated: More pink slips. Last week in Jackson Hole, Ben Bernanke insisted the Fed will do what’s necessary to increase consumer and business spending in order to keep the economy growing. But cheaper money won’t necessarily create the kind of spending that generates more jobs. In fact, right now it’s having the opposite effect. When consumers and small businesses can’t and won’t borrow more, big businesses use cheap money to bid up the prices of corporate assets and cut payrolls. What we need now is more jobs, not bigger corporations. This post originally appeared at RobertReich.org

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David Meerman Scott: Marketing Lessons from the Grateful Dead

August 24, 2010

We’re seeing an incredible revival of the 60s movement in modern day marketing. It’s no longer enough as a marketer to just come up with a good tag line, spend money on advertising, and hope the consumer minions bite. Shiny new toys don’t always win the day, instead consumers are looking for real connection. While Brian Halligan and I were researching and writing our new book Marketing Lessons from the Grateful Dead: What Every Business Can Learn From the Most Iconic Band in History , we found the masses online are eager to feel a part of a bigger community and want to be fans of companies they do business with. But how can marketers not only reach out to their particular fan base, but also inspire them to become like the Deadheads are to the Dead? As marketers, your goal is to spread the word about your product or service in the marketplace. Twenty years ago, the friction in the marketplace was high. To overcome this friction, you spent money on PR firms and on expensive advertising campaigns. Today the friction in the marketplace against getting your product known is much, much less. If you have a remarkable idea, you will attract bloggers and social media enthusiasts in your marketplace that will propel your idea without spending lots of money on PR and advertising. Like the Grateful Dead , you can set your content free and watch your fans and followers spread it far and wide. Learn from the music industry mistakes. Share freely and early and don’t place barriers that will keep your fans on the outside. The 60s saw a powerful wave of music and recently we’ve seen the downturn as the music industry focused solely on the bottom line instead of building a powerful fan base. The fans revolted and found ways to express their distaste for the industry through their pocketbooks. The music industry put strict barriers around artists’ content, and that battle continues. In contrast, the Grateful Dead shared their music freely with their fans (by allowing people to record concerts). Even to this day in the surviving members’ side projects such as Furthur (Bob Weir and Phil Lesh) and the Rhythm Devils (Bill Kreutzmann and Mickey Hart) encourage fans to record shows and by sharing and the base continues to grow and impact new generations of fans. Setting their music free only fueled their success as Deadheads spread their music far and wide. The more concerts the Grateful Dead performed, the more tapes were in the marketplace. The more copies were made of tapes, the more advertisements were in the marketplace pulling in new customers. It’s not just the Grateful Dead and it’s not just the music industry that can use these techniques. For example, MySQL , an open source, database management system used by companies all over the globe, was built at a time when the big competitors dominated the industry with paid, closed source software. Rather than try and compete with the likes of Microsoft and Oracle, MySQL gave away their product and made their money in other ways. The Grateful Dead teaches us that making it easy for our audience to spread our content makes our product known in the marketplace. Every market is competitive, especially online. Winners are those who make it as easy as possible for people to spread ideas through Twitter, Facebook, LinkedIn, YouTube, StumbleUpon, Digg, and other social networking sites. The demand for remarkable raises the bar for marketers and PR agencies who have to unlearn what they’ve learned and to not just “market to” a potential customer base, but rather “market with” fans. The 60s were all about the freedom of expression and to build and create a long-term fan base amidst all the marketing messaging out there, you’re going to have think more like the Grateful Dead (and do more dancing)!

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Rags To Riches: 10 Self-Made CEOs Who Started With Nothing (PHOTOS)

August 17, 2010

Sure, it might be highly discouraging to watch the successful progeny of dynastic wealth — think the scions of the Houses of Trump, Hilton and Newhouse. But look around the ranks of corporate America’s most prominent and you’ll also find a wealth of self-generated wealth. Take John Paul Dejoria, co-founder and CEO of John Paul Mitchell Systems, for example. Dejoria twice found himself homeless . (He was also voted by his high school as the one who would be “Least Likely to Succeed”.) Dejoria finally pulled himself out of homelessness only to have his products land in almost every top hair salon in the world. After Larry Ellison dropped out of college, the future Oracle co-founder and CEO was told by his adoptive father that he would never amount to anything . Dejoria, for his part, was voted by his high school as the one who would be “Least Likely to Succeed.”

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Bill George: A Perspective on the HP Tragedy: An Authentic Leader Loses His True North

August 11, 2010

The Mark Hurd situation can only be considered a tragedy for everyone involved. Hurd is one of the most outstanding leaders in the U.S. In 2005 he took over an ailing technology giant and restored it to greatness in just five years. He refocused HP on its original mission and values and built the company around its strengths – technology, customer service, and managerial discipline. He built a much better organization with excellent leadership at all levels, and unified a dysfunctional board of directors. During a short span, he turned HP into the world’s largest technology company and expanded its revenues to $125 billion with nearly $9 billion in profits. The markets rewarded his leadership, as HP’s market capitalization has doubled during a period in which the S&P declined in absolute terms. He leaves behind a company that is demonstrably stronger than it was when he took over. So what happened here? Did the HP board act “in a cowardly manner,” as Oracle CEO Larry Ellison charged in his letter to the New York Times? No, the HP board acted in a unified manner to address an extremely difficult situation. Most likely, the board was blindsided when it received the letter from Jodie Fisher charging Hurd with sexual harassment. The board did the responsible thing in conducting a thorough investigation. It concluded there was no basis for the sexual harassment charges, but that Hurd had violated basic HP employee policies regarding expense reporting as well as other issues. Should the board treat Hurd differently from other HP employees that had committed similar indiscretions? Its answer was “no.” The values and principles of the company had to take precedence over any individual, no matter how well he had performed or how valuable he was to the company. The board’s unanimous decision was that Hurd had to resign. Reports out of the company indicate that HP’s global employee base was overwhelmingly in support of the board’s decision. As much as the HP board doesn’t want to go through another CEO search, this time around it has excellent candidates both within and outside the company. Hurd has built a strong executive team with several excellent successor candidates. If the board chooses to go outside, it will have outstanding applicants lining up to be considered for the top job in Silicon Valley. The question remains, how did an exceptional leader like Hurd let this happen? We’ll never know how Hurd got into this position, nor is it ours to judge. His greater error was to dig the hole deeper. This is a classic case of Murphy’s Law of Compound Loss; i.e., when something goes wrong, individuals often compound their problems by trying to cover up the initial problem. For example, President Richard Nixon’s cover-up of the Watergate break-in is what compounded his problems and led to his resignation. Hurd could have acknowledged his liaison in the first place and likely wound up with only a reprimand. Instead, he compounded his problem by submitting inappropriate expense accounts. When the HP board initiated its investigation – which it was compelled to do by Fisher’s letter – Hurd made an agreement with her that kept her from cooperating with the board’s investigation. In business, we call this “hush money.” After his resignation was announced, Hurd allowed his close friend, Larry Ellison, to defend him by attacking the HP board. In spite of his recent actions, I continue to believe Mark Hurd is an authentic leader who lost sight of his True North. No matter how authentic they are, all leaders make mistakes. When this happens, the key is to recognize that you alone are responsible. By having the self-awareness to see how you strayed off course, or by accepting honest feedback from people who know you well, you can acknowledge your problems and return to the course of your True North. Hurd has his weaknesses, as all of us do and is facing the music for a personal failure. I believe this is not his last chapter. Hurd is only 53 years old and has nearly half his life ahead of him. If he acknowledges where he went wrong, he can come back to other leadership roles and continue to make a positive difference in the world.

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Forty Billionaires Follow Buffett’s Pledge To Donate Bulk Of Their Wealth To Charity

August 4, 2010

Famed investor Warren Buffett today announced the names of 40 of America’s wealthiest families and individuals who have signed on to the Giving Pledge, a charitable project that targets billionaires to pledge to donate the bulk of their wealth. From New York Mayor Michael Bloomberg to Oracle (ORCL) CEO Larry Ellison, each of the individuals and families announced today have made a pledge to give the majority of their wealth to the philanthropic causes and charitable organizations of their choice, either during their lifetime or after their death.

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Oracle’s Larry Ellison Highest Paid Executive Of The Decade

July 26, 2010

Larry Ellison, founder and chief executive of software maker Oracle Corp., topped the list of best-paid executives of public companies during the past decade, receiving $1.84 billion in compensation, according to a Wall Street Journal analysis of CEO pay. Coming in No. 2 on the compensation list was Barry Diller, who received roughly $1.14 billion from IAC/Interactive and Expedia Inc., the online travel site IAC spun off in 2005, where he remains chairman.

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