LyrArc Article Gist
Judge Rakoff is interviewed by Adam Liptak as an essay by Rakoff appears in the December 22 issue of The New York Review of Books. Judge Rakoff is critical of the Justice Department for not prosecuting individuals responsible in the 2008-2009 financial crisis and merely offering excuses. He discounts the Justice Department argument that proving intent is difficult or that proving fraud is hard because of the sophisticated counterparties on both sides. He says assistant attorney general in the criminal division Bauer's assertion that you have to prove the individual involved made a false statement, intended to commit a crime, and that the other side depended on this for what they were doing, is misleading. The government is not required to prove that one party to a transaction relied on another party. On the difficulty to prove wilful criminal intent for individuals several layers above those who made and marketed the bad securities, Rakoff says the legal doctrine of wilfull blindness could have been used. Reflecting on why the Justice Department has not prosecuted individuals for wrongdoing the way Milken, Keating and Skilling were prosecuted in prior financial crises, Rakoff comes up with a explanation. He says the government's own role and the role of firms throughout the financial system is suspect in the 2008-2009 financial crisis unlike prior crises. Not only regulators are failing to to do their job. The financial system offers incentives for the packaging of bad debt securities. Fannie Mae has government backing and its management buys these securities to expand access to housing for low income people. The profits made on these securities brings U.S. and foreign banks into this business and leads to a proliferation of these securities around the globe to the point that small towns near the North Pole end up with these securities in their portfolio. This complicates things for prosecutors who in some situations have themselves worked for banks selling these securities. In its slow deliberative way the Obama administration, the Justice Department, and the S.E.C.'s new head, move to prosecute firms during the administration's second term, but not enough is done and tackling individual responsibility for deterring future wrongdoing in the interests of a safe and fair financial system seems a long way off....

LyrArc Article Gist
Nickel cadmium batteries - this year 2008 the European Union is banning the sale of all nickel cadmium batteries. Question is why is the US not banning them. And why are companies like Energizer, Duracell, P&G, Mattel, Toys R Us and Walmart still buying them? Why is Panasonic making them? A toy costs $1.50 less to make using nickel cadmium batteries. Are parents aware of what it does to workers making them? Are plants safe in developing countries especially in corruption prone coercive environments like the one in factories in China? Some of the owners of such factories are in Hong Kong, Hong Kong based companies, are they aware enough of the risks and the ethics of doing is? This story is of an engineer who was exposed to factory conditions in a company GP that was supposed to be a good company to work for, and few knew about the effects of cadmium in the year 1995 when she joined. The Panasonic factory is in Wuxi which is not in some remote part of China. And note this about 10% of China's arable land is contaminated with heavy metals such as cadmium according to China's own State Environmental Protection Agency, and the metals are entering China's food supply. 12 studies have shown unsafe level of cadmium in fruits and vegetables. Is this a necessary price of industrialization or is it possible to find a way thats better- a challenge for countries like India. Can there be better protection of workers and still have industrialization? Wouldn't it make sense that a motivated well treated work force will perform better in better working conditions. Aren't there costs involved for workers and owners of such plants. Owners also bear costs, bad press, medical payments, workers leave and good workers are hard to find in the wave of bad publicity and health risks, customers in the west refuse to buy the product, the company's brand name is tarnished forever, as would happen for GP in this case. The coercive patterns of using police to suppress publicity for a Hong Kong Company shows owners in Hong Kong have the same disregard for worker rights, even when living in an area that one hears talk about democratic rights. See the link to chemical spills contaminating a river in China also by a Hong Kong based company. ...

LyrArc Article Gist
Lego bricks are wildly popular in many countries including the U.S. Lego has seen "supernatural" growth in the last 8 years, according to Soren Torp Laursen, who heads the North American operations. Growth is now slowing, just as the Lego movie has achieved box office record for 3 weeks at No. 1. Data from NPD Group show U.S. consumer sales up 1% to $1.35 billion in 2013, giving Lego 7.8% share of U.S. toy market. Total sales were $4 billion in 2012. New products led to a surge in U.S. sales in 2012 by 26%. German sales were up 4% in 2013 compared to 13% in 2012, Germany making up 10% of its total sales. Now Lego is bringing out Lego sets based on the movie. About half of the 40 billion bricks are made in a small town of Billund in Denmark.

LyrArc Article Gist
Lego A/S CEO, Jorgen Vig Knudstrop, talks to the WSJ's Jens Hansegard. Lego is based in a small town in central Denmark. Lego's sales revenue has tripled since 2007, and net profit increased by 35% to about $1 billion for 2012. The building block segment in the toy business is growing rapidly with growth of about 20% in the last year. The overall global toy business is stagnant, with declining prices, difficult economic conditions and competition from the consumer electronics products. Lego is not affected by this because it is able to price products for sets of bricks and figures at a premium, and stays ahead by coming up with innovative products. Lego has 85% share of the U.S. building-block market. Lego is a family owned company started in 1947 which faced difficulty in 2004 with a fall in sales. Under Knudstrop's direction it has recovered and shown strong sales growth, especially in the U.S. with 26% growth in 2012. His approach was to focus on nostalgia themes, Hollywood themes, and come up with innovative products for girls. This includes the Lego City, Lego Star Wars, Lego Friends themes. Lego invests heavily on R&D and plants. About 60% of revenue in 2012 was from launches of new products. The new Lego Friends theme for girls tripled sales to girls, creating a remarkable sales opportunity. Knudstrop's philosophy is to remain humble and aggressvely pursue new opportunities....

LyrArc Article Gist
Car sales in Germany are up 40% from ayear ago. This is not about to happen in the USA. The cash for clunkers program in Germany is broad and less complicated.In Germany eligible cars have to 9 years old and the subsidy covered the purchase of any new car, regardless of size and fuel efficiency. In the US the program just signed by President Obama covers a narrow profile of customers. In the US customers who benefitare economically challenged and in the midst of adeep recession. Cars can't be over 25 years old, and can't have a combined highway and city fuel economy rating of more than 18 miles per gallon as calculated by EPA. To get the full $4500 credit customers must buy either a new truck or sport utility rated 5mpg higher than the clunker or scrapped vehicle, or a passenger car rated at least 10 mpg higher.And the credit is given instead of the trade in value, so if the trade in value is higher it doesn't help. The German government is giving away upto $4500 but it started out with 1.5 billion euros to get 600,000 clunkers off the road, but because of the popularity of the program has expanded it to 5 billion euros for 2 million cars and extended it to end of 2009. The US program only has $1 billion for 250,000 cars or one eight of what the Germans are doing for amuch larger car market. Because of the dire shape Detroit and much of the midwest is in, because of the slump in the auto industry, this may be a mistake and a missed opportunity to do what the Europeans are doing, and get an even bigger impact. The American car market and industry is taking a severe blow from the deep recession. Because of the depressed region the impact of a real clunkers for cash program that targets a broader profile, with bigger financing and designed to give a boost to the market, could make a real difference. At this point it is more of a program designed to help people turn in their gas guzzling trucks for passenger cars, and those driving a $200 car are not likely to be the kind of customer who goes out and buys a new car say dealers. See the link to Alan Blinder's stimulus proposal in July 29, 2008, that suggested a $20 billion program even before the current crisis. The present program has only $1 billion....

LyrArc Article Gist
The 4.7 billion euro loss at German steelmaker ThyssenKrupp for the fiscal year ending in Sept. 2012. The loss stems mainly from management's bet on a large project to make steel slabs in Brazil and ship it to a plant in the U.S. state of Alabama for finished product of high-grade sheets. The project suffered delays and by the time the Brazilian plant was running in 2010, the strength of the real Brazil's currency and higher wage costs had affected the economics of the plan. Steel demand also slowed in the U.S. The plants which required an investment of 12 billion euros now have a book value of 3.9 billion euros. Thyssen bet too much on one project and it failed. Three management board members who had oversight over the compliance, steel and building technology areas had their contracts terminated, and a new CEO was appointed in 2011. Heinrich Hiesinger, a manager from Siemens AG is the new CEO. ThyssenKrupp's image has been sullied by reports of price fixing of rail tracks and scandals involving the communications head for foreign railroad contracts. Hiesinger says "until recently there has been an understanding of leadership in which old-boy networks and blind loyalty were often more important than the success of the company." He faces a difficult challenge of changing the corporate culture and developing a new strategy. His plans are to turn ThyssenKrupp into a high-tech engineering business by selling the steel mills in Brazil and Alabama, and the stainless steel division to Finiish company Outokumpu Oyj. This will shrink steel from 41% of sales to 30%. To implement this strategy Hiesinger needs a capital increase. This runs into problems as the Krupps Foundation headed by Berthold Beitz, which controls 25% of the stock, does not want to see its influence diluted. Other problems include the role of Gerhard Cromme, head of the supervisory board, which failed in oversight over the failed project. Cromme is also the head of the supervisory board at Siemens AG. At Siemens he helped a company cleanup after a bribery scandal and brought in new management. He also headed the Cromme Commission on corporate governance code for German business, which makes the current corruption allegations embarrassing for Cromme....

LyrArc Article Gist
Small farmowners hate to see good fruit and vegetables go to waste just because of odd shape and appearance, even if it is just as nutritious. EU standards across Europe for fruits and vegetables made it difficult to get this farm produce to consumers. EU standards are now being revised, but supermarkets set their own standards and continue to accept fruit and vegetables only with "a slight defect in shape and development." A study by the Dutch and Swedish governments show Europe wastes 89 million tons of food a year and the two governments called on the EU "to reduce the amount of food waste caused by its labeling system." In Portugal as much as a fourth of the fruits and vegetables are at risk of waste because of such rules, according to small farm owners. Ugly Fruit, is a company trying to get this produce to consumers at lower prices in Lisbon. Farmowners say the idea that quality can be measured only by appearance is a mistake, as nutrition levels and flavor can be the same.

LyrArc Article Gist
If John F. Kennedy were writing Profiles of Courage in 2024 he would have James Lankford as one of these Senators who showed courage to take the right stand in the face of opposition from his fellow Republican Congressmen and people in his state and the country who support loyalty to president Trump. Lankford says in this NYT interview that in December 2023 the immigration bill would have passed Congress into law. He has always seen that no one person is the boss. Trump is not the boss even as president. He is a co-equal branch, says Lankford. He sums it up saying- I work for the people of Oklahoma not the president.  Senator Lankford of Oklahoma is interviewed by Lulu Garcia Navarro of the NYT for his role in negotiating a immigration bill with Democrats in Congress and president Biden that would fix asylum policy and close the Border with Mexico. It is a tough bill says Lankford, and the Republicans held onto their position that there would be no citizenship for the immigrants who crossed the border illegally since 2024. If it came up in December 2023 it would have fixed the Border, says Lankford. It came up in February, and by this time the election nominee was Trump who decided not to support it, as it would take away the immigration issue that he hoped to run on against Democrats. It is still alive as Kamala Harris says it is her top priority to get the Lankford immigration bill passed into law. To know Lankford is to know that he ran the largest Baptist youth camp in the Nation at Fall Creek. He believes every person has value and worth and even if he disagreed with them that person has value and worth. His faith, he says, is something important for him, and not something you take off and put on.  The title should be The Men and Women who Solved Immigration for the Nation. This includes Republican Senator James Lankford of Oklahoma, Senator Krysten Sinema of Arizona, and Democrat Senator Chris Murphy of Connecticut. Lankford for 22 years a youth Baptist minister from Oklahoma, Sinema immigration attorney from southern Arizona, and Murphy a lawyer from Connecticut. The man who selected Lankford to negotiate the immigration bill on behalf of the Republicans in Congress was Senator Mitch McConnell of Kentucky. For the Democratic party Pat Schumer helped bring Democrats in Congress and president Biden behind a tough bill that reflected the consensus view that something serious had to be done about the US Border for a lasting solution. This opportunity may come again if Kamala Harris wins as she says it will be her top priority to get the Lankford -Sinema Bill passed. ...

LyrArc Article Gist
Adam Bryant interviews Barry Salzberg, new CEO of Deloitte Touche Tohmatsu. Salzberg pays attention to tried and tested ideas and this adds to the value of what he has to say about managing and leadership. He emphasizes being prepared, being a little proactive and forward looking, thinking ahead. Its about being transparent and having people reporting to you being comfortable with being open and direct, sharing everything they know. He talks about the importance of being open to feedback, even as in his own personal experience when it takes effort, and takes some maturing to learn from what one hears and what people are saying. Questions he says that reveal more about a person are asking- was there something in the last few years that did not go well, why didn't it go well, and what did you do about it. In work his advice is cascade the things you learn through the organization by sharing it with others. Be yourself not what what someone wants you to be, find that thing which makes you unique, find ways to express this and make your contribution this way. And he says get out of your comfort zone to widen your horizons and see and experience new things. As Salzberg says these things were true in 1980 in his early years and are just as true today in 2011....

LyrArc Article Gist
Some of the flaws in China's development model are shown by the Economist. Over half of the economy is dominatd by state run enterprises. And the remainder is also heavily influenced by local government and officials from the government. Financing goes through state run banks which lend to state run enterprises, and only a small fraction of lending goes to small businesses. These busineses are not actively looking to support innovation and new products. The other weakness that the Economist correctly points out, is that by contrast even in the 1960's, about 10 years into Japan's postwar development, quality control was a big thing with companies in Japan. The Deming Prize was seen as the most prestigious prize for Japanese companies, and Japanese engineers tried to learn everything they could about quality control to make Made in Japan mean high quality. They succeeded by the 1980's in making this happen, with leading global brands like Sony, Matsushita, Panasonic, Toyota, Honda, Canon and a host of other brands. If 1980 in China, is where Japan was in 1950, now about 30 years later there is nothing like what was seen happen in Japan in the area of quality and global brands. The area in which the freewheeling culture of capitalism has been most successful is the economic zone, a 2 hour drive between Guanghou and Shenzen. It manufactures mostly low tech goods like toys and apparel and shoes, and these manufacturing facilities are of low quality, with poor conditions for labor. With the efforts by the government to move to higher value added and high tech products these businesses came under pressure by mid 2007, with new labor laws, more enforcement, pollution control laws and resulting higher costs. As they felt the impact by mid 2008 from the higher costs, some businesses disappeared. Then another and even bigger problem hit these businesses. The global economic crisis, the shortage of credit in western countries to sustain import orders, and the rapid fall off of demand from highly indebted consumers in the USA, has led to closure of most of these businesses. The rapidity with which many of these businesses closed is amazing, as row after row of these buildings are now empty in the Guangzhou-Shenzen area. Another development is happening in Taiwanese firms like Hon Hai, that with little disclosure, make IPods, laptops, PC's, and other electronic products in the same area. At one point this firm employed 250,000 people in a industrial city sized factory campus. Now it is shifting production to places like Vietnam. Now Taiwanese reports say that the workforce of Hon Hai in Shenzen area will drop to 100,000. Other Taiwanese firms are also shifting production to other countries. Climate change and the heavily polluting industries that are widespread in China is one of the other flaws in the Chinese development model. Another is the lack of energy efficiency in these industries. With all these changes exposing the deeper flaws in the model China has used for development for the last 30 years, this a time for change in the way economic development takes place in China. ...

LyrArc Article Gist
Average return on U.S. IPO's for 2011 is a loss of 18% for institutional investors getting in on day one according to Dealogic analysis of 23 IPO's. For small investors the losses are 34%.

LyrArc Article Gist
Fears of contaminated infant milk powder in China and distrust of domestic brands. The large demand for foreign milk powder.

LyrArc Article Gist
Andy Grove of Intel teaches a class at Stanford- he taught aclass earlier this year- and talks about his experiences. Some see Grove's disciplined management style as areflection of his experience escaping the Nazis from Czechoslovakia. Dr Grove says it comes from his experience at the CIty COllege of New York He recounts this in one of his books, where aparticular Professor helped mentor him but who was in the beginning very tough on the young Grove. Grove says that what impressed him most in those early years at City College was the way hard work and talent were rewarded and where students challenged their Professors without any attention to rank. Interestingly this is still true at many universities, and meritocracy prevails there. The opposite is true when one thinks of this at many corporations which gradually fall into astultifying mode where senior managers are not challenged and politics prevails. GM is a good example. Grove says he experienced this at Fairchild -where he worked with computer chip pioneers Moore and Noyce -with its elitist, back-stabbing and lax corporate culture. Senior executives at Fairchild walked in whenever they felt like, and younger employees were penalized or fired for similiar behaviour. When he took charge at Intel Grove imposed a strict arrival time of 8 am with latecomers forced to sign asheet. He also did not go along with trends like flexi-time and teleworking. He became known as ablunt and demanding manager, but afairminded boss who rewarded good ideas whatever the source. Asked about the strict arrival time Grove says that people don't understand that he was never that disciplined himself and he was not even amorning person. His view is that he wanted to avoid what he saw as aoutrageous double standard at Fairchild. With a better culture he was able to attract the best talent to Intel, and he used the strong discipline to improve the lousy manufacturing at Intel. Three decisions shaped Intel. The first, is the recognition of the strategic inflection point when current strategy is no longer viable, because unanticipated external forces make an existing business strategy obsolete. This happened when Intel got clobbered by the Japanese in the memory chip field it had dominated. And at such moments there are internal forces and inhibitions to overcome that make starting over or doing something totally different extremely difficult. For Intel this was the habit forming tendencies from having done one thing so well- the companies roots and the founders and engineering staff's knowledge and preferences lay in memory chips- such that that it became an emotionally stormy thing to break from this past. Grove made a complete U turn to go in another direction which he describes so well in his book -Only the Paranoid Survive. Timing is critical, and instinct and judgement is all that you have got to rely on. Its like a group of hikers in the woods and after suspecting that they are on the wrong track one of them says, "Hey guys I think were lost." Grove even describes the scene with acomparison to a scene in the World War II movie Twelve O'Clock High, where a new commander is called in to straighten out an unruly and undisciplined squadron of fliers in sel-destruct mode. The commander on his way to take charge, stops his car, steps out smokes acigarette while gazing into the distance. Then he he throws the cigarette down, grinds it with his heel and tell his driver "Okay Sergeant, lets go." Grove says he related to this scene in this decision at Intel, with every fiber of his being experienced this crisis personally, and learned what it takes to claw your way through a strategic inflection point, inch by excruciating inch. He says it takes objectivity, the willingness to act on your convictions, and the passion mobilize people into supporting those convictions. The second and third decisions was less gruelling but also courageous. The Intel Inside advertising campaign meant building abrand with customers even though Intel had never done this before. The decision to not have secondary suppliers and press the issue of manufacturing quality within Intel till Intel got it right also had never been done before. Andy Grove's strategic inflection point is what GM missed and set the process in motion towards bankruptcy. See the links in Intelilinks. The management style is also relevant to that discussion. Grove also provides insights in the Cross-Industry Insight Mechanism. He sees strategic inflectionpoints in autos and health care industries. He says the auto industry is going to be increasingly divorced from oil and the next big company will come in the auto battery technology field. He also believes health care and the pharmaceutical industry can learn from chipmaking. The clinical trials in pharmaceuticals take way too long, are slow-moving and bureaucratic. The pharmaceutical firms can learn from the fast "knowledge turns" in chipmaking, so that cycles of learning are accelerated....

LyrArc Article Gist
Germany's chancellor Merkel sees Britain as necessary for Europe and the European spirit. This even though she has differences with British prime minister Cameron on how to elect the new president of the EU following EU parliamentary elections in May 2014. She told the German parliament in June 2014- "Britain is really no cozy partner. Yet Germany and Britain share values and interests. I consider it grossly negligent, in fact unacceptable, how easily some people say that it is really all the same whether Britain goes along or not, or more: whether Britain remains a member of the European Union or not."

LyrArc Article Gist
The Chinese Academy of Environmental Planning, under the Ministry of Environmental Protection, has estimated cost of pollution in a new study of the costs of environmental pollution in China. The cost is estimated at $230 billion for 2010, or 3.5% of GDP, and close to 4 times the cost in 2004, showing the rapid degradation of the environment from rampant industrialization. The first such estimates were made in 2006 and since then come out spradically from the Environment Ministry. For 2004 the Environment Ministry estimated cost of pollution was $62 billion, for 2008 partial cost estimate was $185 billion. Even the $230 billion figure fo 2010 is incomplete say researchers. Only after strong public protests over Beijing's air pollution have government officials allowed candid reporting on environmental costs. Environmental costs extend to food contamination. A report on China Central Television recently said farmers in a village in Henan province used wastewater from a paper mill to grow wheat, which was then sent to cities as farmers in the village grow wheat for their own use from well water. A Deutsche Bank report in Feb 2013 says there will be a continuing decline in the environmental degradation for the next decade under current policies, higher coal consumption and growth in automobiles....

LyrArc Article Gist
The Hulme Company mail order catalog business in Minnesota may not be representative of small business, considering the errors and the scale of the debt taken on. But even if a small fraction of this debt taking tendency is representative of small business, it means that small business will not generate jobs as it did in the past. Small business will actually layoff people. And small business will not be able to provide the bounce the economy will need in years to come. The following is an an anaysis of this venture. The owners of this small business Bidwell and Ms. Guarino bought a luxury goods maker that was losing money for $600,000. Their business was to sell $500 garment bags and $1200 duffel bags. The experience of Bidwell was with Target, Tonka Toys and a cigarette distributor. Ms Guarino had a $130,000 job with a magazine publisher, running regional magazines like Minnesota Parent, which she quit. She had some experience as a handbag designer in California before that. They had never seen hard times, no, they had only seen good times. And were willing to spend heavily on the business like the $600,000 for a business, Hulme Company, that lost $150,000 on sales of $450,000 making duck hunting gear, the business they bought in 2003. All this for a tiny factory employing 3 seamstresses, and with no brand name for luxury goods like leather duffels. Their lender's experience- Kassim who founded Maple Bank in Champlin, Minnesota, considered it pretty typical of small business in those days to do everything on debt and loaned $550,000 over 5 years. So the lender was in for the ride. Another bank Stephens bank loaned on SBA approved loans which were later cut off. Guarino had no experience in this business, and simply relied on Bidwell's experience. The borrowing went on and on from friends, taking in debt with total lack of understanding of what debt means, from their daughter, the entire $50,000 savings of Bidwell's wife, and finally with banks refusing to lend after having friends put up their CD's and collateral on loans. Debt to equity ratio gets to 5 to 1. Second mortgages on the house getting Bidwell and extra $130,000. Even in the best year 2006 sales at $1.4 million, and earnings before taxes and other items at $325,000, not enough to pay the interest and other payments on loans that later totaled $2 million by year end 2007. $500,000 from friends and family including $20,000 from his daughter or two thirds of their savings. 600,000 catalogs went out in 2007. With the Hulme Company behind on payments in 2008, the catalogs mailed in 2008 dropped to 175,000. It is a very capital intensive business from the standpoint of catalog cost. $1 million in inventory at year end 2007, or two thirds of sales of $1.5 million in 2007, was a sign of how expansion preceded even getting the financing in place, and going out into the dark thinking sales wil materialize. So even in the best year 2006 the business was not viable, and would have collapsed even without the financial and credit conditions of 2008, ruining the owners in the process. By 2008 it led to the usual things in this kind of business failure, Bidwell's divorce, loss of his home as he falls behind on mortgage payments, Guarino's loss of job and friends whom she borrowed from, and both deeply in debt. Evaluation of the failure is as follows. Seamstresses and the small factory space could be obtained for a fraction of the cost in an emerging market country, even in an eastern European country, and no cost needed to be incurred for the purchase of Hulme Company or for sending out catalogs. Only travel expenses to meet high end retailers who might carry this merchandise, and go to the country where the plant was setup. Sales would come first, and expansion to meet sales very carefully done so that the plant could be downscaled if sales dropped. Even then scores of small luxury goods makers in China or other emerging market countries could put the owners out of business. The lesson if you can't watch costs, if you don't understand what debt means, then you don't pass the most basic of tests. You cannot run business on savings, home equity or credit card loans, or business loans with personal guarantees. Costs tend to just run up to the money one has artificially created. It will ruin you. If you don't have experience with the business and the product area, or can't put together a group of people with the experience to guide you on the pitfalls and what to watch for, you don't pass the next basic test. Only then does one get to the other tests about whether there is a market, the price and value of the offering and so on. This is before the current economic crisis. Now all these tests become more important than ever, or it will kill you and quickly. One has to be paranoid and very careful after 2008. Stephens Bank loaned money on SBA loans ...