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November 10, 2008

"Bailing Out Wall Street" Commonwealth Club Panel Broadcast on KALW 91.7 November 11 at 7PM PST

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KALW 91.7 FM, the local San Francisco National Public Radio station, will be broadcasting "Bailing Out Wall Street", the lively election-eveCommonwealth Club INFORUM panel on which I participated, tomorrow at 7 PM PDT.   In front of a live audience of over 200 people, we shared differing views on the wisdom of the Federal Government's emergency relief and assistance program to the banking and finance industries-- commonly tarred as the "Wall Street Bailout".  Our vigorous discussion was fueled by the nature of the panelists, as I joined Dave Callaway, Editor-in-Chief, MarketWatchJonathan Berk, Professor, Graduate School of Business, Stanford University, and Maggie Mui, San Francisco Market Regional President, Wells Fargo.  The panel was expertly moderated by Kathleen Pender, Net Worth Columnist, San Francisco Chronicle.




Dave Callaway, Maggie Mui, Jonathan Berk, Pascal Levensohn, and Kathleen Pender

Some of the thorny questions we addressed: 
  • Will the bailout work and is it really a bailout?
  • Did the Treasury's decision to throw Lehman Brothers under the proverbial bus on September 13 light the match for the panic that subsequently routed financial markets?
  • What are the current prospects for entrepreneurs and for continuing innovation in Silicon Valley during these recessionary times?
  • Are we going to drown in new securities regulations with unintended negative consequences?

November 04, 2008

A New Dawn for America

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I feel particularly optimistic tonight, and I see sunlight in America's future. Gathering with my family in front of the TV, and listening to Senator McCain's gracious concession speech, my greatest hope is that a sense of bipartisanship, motivated by the desire to act in the best long term interests of America, will drive our country forward to a truly better place through the difficult times that remain ahead.  It is easy to be cynical about politics and elections, but the demographic facts about this election stand cynicism on its head.  As Barack Obama said tonight, in America, anything is possible.  As we go forward, let's not forget this.  We can rise above our own selfish interests to do the right things for our country. Tonight, I am more proud to be an American than ever before, and I feel very fortunate to be a first generation American who not only has lived the American dream, but who continues to believe in the American dream for my children and for all Americans.

"In this country we rise or fall as one nation, as one people."

President-Elect Barack Obama
November 4, 2008

 

October 28, 2008

Why I am Voting for Barack Obama for President of the United States

Images I have been a registered Independent voter since 1994.  Like many Americans, I've given more thought to this election than to any previous political contest. Many of us share a deep sense of unease as we witness a degree of instability and see a snowballing lack of confidence in  our country's economic and political institutions that was considered impossible in America. I feel strongly that my vote in 2008 may well be the most important exercise of this civic duty in my life. 

In supporting Barack Obama, like General Colin Powell, I also believe that Senator Obama is a "transformational figure".  I trust Barack Obama's judgment and believe in his ability to successfully lead this country through the dark period that engulfs our national psyche.  I also believe he is sincere in his desire to "do the right thing" for America.  His specific position on eliminating capital gains taxes for start-ups supports long-term investing through innovation and venture capital.  This approach recognizes that there are no quick fixes to our economic problems and that America needs to resume a path toward sustainable long-term economic growth through new job creation.  

In my view, the Washington Post's endorsement of Barack Obama for President on October 17 most closely reflects my own personal opinions.  Below, I have quoted some excerpts from the Post's editorial which capture the essence of my strong support for Barack Obama:

"Mr. Obama is a man of supple intelligence, with a nuanced grasp of complex issues and evident skill at conciliation and consensus-building. At home, we believe, he would respond to the economic crisis with a healthy respect for markets tempered by justified dismay over rising inequality and an understanding of the need for focused regulation. Abroad, the best evidence suggests that he would seek to maintain U.S. leadership and engagement, continue the fight against terrorists, and wage vigorous diplomacy on behalf of U.S. values and interests. Mr. Obama has the potential to become a great president. . . .

A McCain presidency would not equal four more years [of the Bush administration], but outside of his inner circle, Mr. McCain would draw on many of the same policymakers who have brought us to our current state. We believe they have richly earned, and might even benefit from, some years in the political wilderness. . . .

There are two sets of issues that matter most in judging these candidacies. The first has to do with restoring and promoting prosperity and sharing its fruits more evenly in a globalizing era that has suppressed wages and heightened inequality. Here the choice is not a close call. Mr. McCain has little interest in economics and no apparent feel for the topic. His principal proposal, doubling down on the Bush tax cuts, would exacerbate the fiscal wreckage and the inequality simultaneously. Mr. Obama's economic plan contains its share of unaffordable promises, but it pushes more in the direction of fairness and fiscal health. Both men have pledged to tackle climate change. . . .

Mr. Obama also understands that the most important single counter to inequality, and the best way to maintain American competitiveness, is improved education, another subject of only modest interest to Mr. McCain. . . .

A better health-care system also is crucial to bolstering U.S. competitiveness and relieving worker insecurity. Mr. McCain is right to advocate an end to the tax favoritism showed to employer plans. This system works against lower-income people, and Mr. Obama has disparaged the McCain proposal in deceptive ways. But Mr. McCain's health plan doesn't do enough to protect those who cannot afford health insurance. Mr. Obama hopes to steer the country toward universal coverage by charting a course between government mandates and individual choice, though we question whether his plan is affordable or does enough to contain costs. . . .

It is almost impossible to predict what policies will be called for by January, but certainly the country will want in its president a combination of nimbleness and steadfastness -- precisely the qualities Mr. Obama has displayed during the past few weeks. When he might have been scoring political points against the incumbent, he instead responsibly urged fellow Democrats in Congress to back Mr. Bush's financial rescue plan. He has surrounded himself with top-notch, experienced, centrist economic advisers -- perhaps the best warranty that, unlike some past presidents of modest experience, Mr. Obama will not ride into town determined to reinvent every policy wheel. Some have disparaged Mr. Obama as too cool, but his unflappability over the past few weeks -- indeed, over two years of campaigning -- strikes us as exactly what Americans might want in their president at a time of great uncertainty. . . .

...Mr. Obama, as anyone who reads his books can tell, also has a sophisticated understanding of the world and America's place in it. . . .We hope he would navigate between the amoral realism of some in his party and the counterproductive cocksureness of the current administration, especially in its first term. On most policies, such as the need to go after al-Qaeda, check Iran's nuclear ambitions and fight HIV/AIDS abroad, he differs little from Mr. Bush or Mr. McCain. But he promises defter diplomacy and greater commitment to allies. His team overstates the likelihood that either of those can produce dramatically better results, but both are certainly worth trying. . . .

Thanks to the surge that Mr. Obama opposed, it may be feasible to withdraw many troops during his first two years in office. But if it isn't -- and U.S. generals have warned that the hard-won gains of the past 18 months could be lost by a precipitous withdrawal -- we can only hope and assume that Mr. Obama would recognize the strategic importance of success in Iraq and adjust his plans. . . .

We also can only hope that the alarming anti-trade rhetoric we have heard from Mr. Obama during the campaign would give way to the understanding of the benefits of trade reflected in his writings. A silver lining of the financial crisis may be the flexibility it gives Mr. Obama to override some of the interest groups and members of Congress in his own party who oppose open trade, as well as to pursue the entitlement reform that he surely understands is needed. . . .

… the stress of a campaign can reveal some essential truths, and the picture of Mr. McCain that emerged this year is far from reassuring. To pass his party's tax-cut litmus test, he jettisoned his commitment to balanced budgets. He hasn't come up with a coherent agenda, and at times he has seemed rash and impulsive. And we find no way to square his professed passion for America's national security with his choice of a running mate who, no matter what her other strengths, is not prepared to be commander in chief. . . .

… Mr. Obama's temperament is unlike anything we've seen on the national stage in many years. He is deliberate but not indecisive; eloquent but a master of substance and detail; preternaturally confident but eager to hear opposing points of view. He has inspired millions of voters of diverse ages and races, no small thing in our often divided and cynical country. We think he is the right man for a perilous moment."

September 29, 2008

The SEC's Colossal Failure of Oversight-- Isn't This a Violation of the Business Judgment Rule?

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The damning New York Times headline, "SEC CONCEDES OVERSIGHT FLAWS FUELED COLLAPSE," from a September 26th article by Stephen Labaton, will hopefully end up as more than a footnote in the long list of misdeeds by the 'stewards' of the American economy that have brought American capitalism to the precipice of systemic financial collapse. According to the article, a report by the inspector general of the SEC asserts that "voluntary regulation does not work" and that the SEC's oversight program for the investment banks "was fundamentally flawed from the beginning."

The article goes on to state:

The report found that the S.E.C. division that oversees trading and markets had failed to update the rules of the program and was “not fulfilling its obligations.” It said that nearly one-third of the firms under supervision had failed to file the required documents. And it found that the division had not adequately reviewed many of the filings made by other firms. The division’s “failure to carry out the purpose and goals of the broker-dealer risk assessment program hinders the commission’s ability to foresee or respond to weaknesses in the financial markets,” the report said.

We should not gloss over the importance and the far reaching nature of this indictment of the SEC by the SEC's inspector general. The most fundamental fiduciary duty in business is the Duty of Oversight. Oversight is a theme which binds together the more commonly referred to fiduciary Duties of Care, Loyalty, Confidentiality, and Disclosure. Violators of the fiduciary duties listed above often seek refuge in the Business Judgment Rule and try to to hide behind 'squishy' judgment call concepts like "good faith" and "honest belief". But the Business Judgment Rule stands on oversight, and the SEC clearly failed in its duty of oversight of the investment banks. In my view, in addition to the bankers, the regulators themselves should also be held responsible for this crime against America.

Below is a definition of the rule, taken from the white paper, "A Simple Guide to the Basic Responsibilities of VC-Backed Company Directors", written by the Working Group on Director Accountability and Board Effectiveness:

Business Judgment Rule
Creates a presumption that in making a business decision, the directors of a company acted on an informed
basis, in good faith and in the honest belief that the action taken was in the best interests of the company.
The business judgment rule helps protect a director from personal liability for allegedly bad business
decisions by essentially shifting the burden of proof to a plaintiff alleging that the director did not satisfy
its fiduciary duties. This presumption and the protections afforded by the business judgment rule are lost if the directors involved in the decision are not disinterested, do not make appropriate inquiry prior to
making their decisions, or fail to establish adequate oversight mechanisims.

All corporate directors and persons in positions of accountable oversight responsibility need to commit these rules to memory-- and, more importantly, to act on them in the daily course of business.

June 07, 2008

Some Thoughts on Inappropriate Language, Dignity, and Bill Clinton

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The word 'scumbag' should not be in the lexicon of any current or former U.S. President, living or dead.

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I was disappointed, but not surprised, to learn that former President Bill Clinton went directly into the gutter to berate Todd Purdum, the Vanity Fair reporter who wrote a thoroughly scathing article about President Clinton's penchant for excess in the current issue of the magazine. Recognizing that President Clinton threw out the 'Dignity' baby with the Lewinsky bath water some years ago, it is still hard for me to believe that a man with Clinton's vision doesn't consider himself to remain a steward of America's image as he defines an unprecedented public role for himself in the election of 2008. Clinton's instantly infamous 'scumbag interview' will not soon be forgotten (click here for links).

As much as they are reprehensible and undignified for a former President, Clinton's cutting remarks are also symptomatic of the American disease and reveal more about the sorry state of this country than they do about Clinton.

As we ask ourselves what it means to be an American and search for something to bind us together as citizens this pivotal election year, we need to recognize that we can only cure the American Malaise of the early 21st century if we pull our country's image out of the "I want it all, and I want it now" hole that has swallowed former President Clinton and many others in positions of trust and leadership.

President Clinton is speaking at Radio City Music Hall on June 17 in New York as part of The Minds that Move the World Speaker Series.

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I was in a cab driving up Avenue of the Americas last Monday morning and saw the famous marquee wrapping around the Radio City Music Hall, announcing 'Cindy Lauper', the 'Indigo Girls', 'President Bill Clinton', and the 'Steve Miller Band'. My big question is whether, by the time Bill Clinton is scheduled to open for Spinal Tap, will he precede or follow the Puppet Show?



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May 26, 2008

Driving in the U.S. DECLINES over 4% since last year-- let's get it down 10% by year-end!

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The Department of Transportation revealed a very important statistic today:

Compared with March a year earlier, Americans drove an estimated 4.3 percent less -- that's 11 billion fewer miles, the DOT's Federal Highway Administration said Monday, calling it "the sharpest yearly drop for any month in FHWA history." Records have been kept since 1942.

Americans are starting to act. This is a good thing. How's that for a grass roots twin initiative in American foreign policy and energy security policy? And nobody in Washington even called for it. Imagine what could happen if we had leadership in this country?

May 20, 2008

The Black Knight and Hillary Clinton-- Separated At Birth?

Pay no attention to any collateral damage to the Democratic Party.... it's just a scratch.


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Click here to see the entire Monty Python and the Holy Grail Black Knight scene on YouTube

May 16, 2008

Smart Car Scores Exceptionally Well in IIHS Crash Safety Tests

The Smart ForTwo, which is the smallest "micro-car" ever tested by the Insurance Institute for Highway Safety (IIHS) scores very well in safety crash tests!

According to the reviewers at IIHS:

The ForTwo is the smallest car the IIHS has ever tested. "All things being equal in safety, bigger and heavier is always better," said institute president Adrian Lund in an statement. "But among the smallest cars, the engineers at Smart did their homework and designed a high level of safety into a very small package."

The car scored extremely well for frontal and side crashes but did not do as well in protecting passengers from whiplash. Comparing the IIHS data to the National Highway Traffic Safety Administration (NHTSA):

In the NHTSA front crash test, the ForTwo earned the top rating of "Five Stars" for driver protection, but just "Three Stars" for passenger protection. Few vehicles today get ratings as low as three stars in NHTSA's front crash tests.

The IIHS uses a different type of front crash test and does not place a crash test dummy in the passenger seat. While NHTSA tests vehicles by crashing them straight into an immovable barrier, the institute crashes vehicles into a deformable barrier so that just part of the vehicle's front end strikes it.

My takeaways: This car is an ideal urban vehicle and should not be driven at high speeds. See my forthcoming post on the maiden voyage of my Smart ForTwo (including my first experience with ForTwo highway driving)!Newschosmartcarscnnmoney216x164

May 12, 2008

Memo To United Airlines Management— Don’t Forget Who’s The Customer

My business partner and I landed at Chicago’s O’Hare airport at High Noon today, having awakened far too early for a Sunday, Mother’s Day to boot. We were en route to Rochester, New York, to kick off a week of East Coast business meetings.

With raindrops battering the airplane windows as we approached the gate, we learned that a massive storm system had forced the cancellation of many United flights into in out of Chicago, including our connection to Rochester.

We entered the terminal and saw a line of at least five hundred people trying to re-book their connecting flights—the wait for the “rapid, self-service kiosks” made us wish for unconsciousness. A large dose of good luck and membership in the Red Carpet Club succeeded in getting us re-booked onto a flight to Buffalo which left in 45 minutes, and both of us were upgraded to First Class… As we waited to board, an announcement was made that the First Class cabin had checked in full and that the ten other passengers waiting to upgrade would have to fly coach. We were lucky, indeed.

But that’s not the punch line to this story.

We were the first two passengers to board the 737 and, to our surprise, five of the eight first class seats were already occupied—by United employees. They had even completely filled the overhead bins with their bags, and I had to politely ask for one of the dead-heading flight attendants to move her bag into coach so that I could keep my own bag with me. I even offered to carry her bag to do it!

The flight was 100% full. At least 1,000 paying customers of United Airlines were massively inconvenienced due to cancelled flights throughout UAL's Chicago hub. There is no doubt that other passengers on Flight 1142 to Buffalo had been re-routed onto this flight. Did United have an opportunity to build goodwill with five more of their loyal customers by moving the extremely unhappy paying passengers up front and having the employees fly coach to Buffalo? Yes.

But that would be another airline in another world and another time. And this blog is about the real world, where airlines, companies that used to be in the customer satisfaction business around circa 1975, no longer consider the lasting impact on every passenger who will not forget the image of five employees hogging 63% of the First Class cabin on Mother’s Day during a massive disruption of service to paying customers.

And I’m one of the lucky minority who got to ride up front…

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May 01, 2008

Democracy's Byproducts and American Exceptionalism-- Prison System Update

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Adam Liptak of The New York Times has recently written a very informative and insightful series on America's prisons. Updated statistics and analysis from "Inmate Count in U.S. Dwarfs Other Nations" support comments made in my April 13 post, "Have Prisons Become America's New Social Safety Net?":

Criminologists and legal scholars in other industrialized nations say they are mystified and appalled by the number and length of American prison sentences.

The United States has, for instance, 2.3 million criminals behind bars, more than any other nation, according to data maintained by the International Center for Prison Studies at King’s College London.

There is little question that the high incarceration rate here has helped drive down crime, though there is debate about how much. ...

Criminologists and legal experts here and abroad point to a tangle of factors to explain America’s extraordinary incarceration rate: higher levels of violent crime, harsher sentencing laws, a legacy of racial turmoil, a special fervor in combating illegal drugs, the American temperament, and the lack of a social safety net. Even democracy plays a role, as judges — many of whom are elected, another American anomaly — yield to populist demands for tough justice.

Whatever the reason, the gap between American justice and that of the rest of the world is enormous and growing.

It used to be that Europeans came to the United States to study its prison systems. They came away impressed.

“In no country is criminal justice administered with more mildness than in the United States,” Alexis de Tocqueville, who toured American penitentiaries in 1831, wrote in “Democracy in America.”

No more. ...

Mr. [James Q.] Whitman,[a specialist in comparative law at Yale] who has studied Tocqueville’s work on American penitentiaries, was asked what accounted for America’s booming prison population.

“Unfortunately, a lot of the answer is democracy — just what Tocqueville was talking about,” he said. “We have a highly politicized criminal justice system.”

For a detailed analysis of the rise in gunfire incidents leading to more murders across America and contributing to the growth in American prisoners, read James Beldock's blog series on gun violence, "Putting the Bullets Back in the Gun", and "A PAX on Gun Violence".

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