July 15th, 2009
The Golden State has been sending IOUs to vendors, contractors and others until politicians figure out a way to close its $26.3 billion budget gap. So far, according to press reports, about $230 million of these warrants have been issued.
Now comes State Assemblyman Joel Anderson – a Republican – who is sponsoring a bill to allow recipients of the warrants to use those warrants to pay their California income taxes. Yesterday, the bill was unanimously approved by the Business and Professions Committee and now is heading for the appropriations committee.
If this bill passes it will put California in the business of printing its own money. Already, according to a U.S. House budget committee staffer I know, the warrants are trading at a discount on E-bay and Craig’s List (they carry a 3.75% coupon).
If someone tells you that America isn’t going the way of Argentina, you might want to tell them about Joel Anderson’s excellent idea, one that, if it passes, might well be adopted by other cash-strapped states.
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July 4th, 2009
On July 1, the Commissioners of the Securities and Exchange Commission voted 3 – 2 to deny the use of the broker vote in uncontested director elections. Readers interested in the American Business Conference’s views on this matter can access our comment letter here.
The change to the broker vote was proposed by the NY Stock Exchange (which has some explaining to do to its listed companies) and long supported by union pension funds and the Council for Institutional Investors, which, from a policy standpoint, is strongly influenced by those same pension funds. Getting rid of the broker vote, an action that will suppress the vote of individual shareholders, who tend as a group to be pro-management, amounts to giving institutions, such as labor pension funds, more power. Giving labor unions more power, despite their inability to gain members in the private sector themselves, seems to be a theme of public policy lately.
Narrowing the use of the broker vote is just step one. The next step for the unions is the adoption of a rule permitting access to the proxy. The American Business Conference will oppose this “reform,” but given that a majority of the Commissioners are already on record in support, it seems like a done deal.
In summary: if you run a private company, be glad that you do.
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July 2nd, 2009
Professor Bainbridge makes some excellent points about Wal-Mart’s new romance with the prospect of an employer “pay or play” mandate for health care. In so doing, he touches upon Wal-Mart’s longstanding status as a target for labor organization and its apparent hope that by endorsing “pay or play” the company can stave off the unions.
Unfortunately, there’s nothing at all untypical about this. Businesses commonly employ lobbying strategies that embrace for their own parochial purposes policies not in the general business interest.
Read the rest of this entry »
Tags: card check, SEC, Wal-Mart
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June 29th, 2009
In my younger and more vulnerable years, I worked for a Fortune 50 communications company. I once asked my boss, who was a big guy in the company’s Manhattan bunker if he traded options in the company. He looked at me in disbelief. “Trade in puts and calls in our stock?” he said. “That’s go to jail time, baby.” Read the rest of this entry »
Tags: Madoff, SEC
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June 29th, 2009
In her summary remarks prior to last Friday’s vote on cap-and-trade legislation, Speaker Nancy Pelosi summed up the bill from her perspective: “…just remember these four words for what this legislation means: jobs, jobs, jobs, and jobs.” Jobs certainly are an issue with cap-and-trade, but probably not in the way the Speaker meant.
Tags: cap-and-trade
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June 29th, 2009
The press has been keeping careful count of the number of “czars” that President Obama has appointed, a “czar” being someone who has responsibility over particular policy matters such as, for example, cyber security, automobile company bankruptcies, and the like.
The appointment of such specialists is nothing new and reflects the arteriosclerosis of the Cabinet system. Rather than bemoan the proliferation of czars, perhaps entrepreneurs should be calling for their own economic growth czar. This person would be reporting to the President about the growth effects, positive and negative, of all new regulations and legislation with a special emphasis upon the need for more open trade, greater access to low cost investment capital, and a corporate governance system built on something more useful than resentment of people trying to get wealthy by building their companies, a process that, after all, creates jobs.
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June 19th, 2009
The Securities and Exchange Commission (SEC) is contemplating the reimposition of price-based restrictions on short selling, commonly called uptick rules. The SEC eliminated uptick rules just two years ago, following a painstaking, seven-year study of the matter. Read the rest of this entry »
Tags: SEC
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May 18th, 2009
By proclamation of the President, May 17 – May 23 is World Trade Week. As his proclamation notes, the President believes that trade “is a significant and increasingly important contributor to U.S. economic growth.” To increase trade, he is promising “a plan of action” to build on current trade agreements and complete the Doha Development Round.
This is good news and the CEO-members of the American Business Conference will do everything they can to support the President in this work. So far, though, the signals from the White House have not been good:
- the Colombia free trade deal remains blocked in the House by Speaker Pelosi while the bilateral agreement with South Korea seems entirely off the radar screen;
- on the matter of Mexican trucking, the U.S. is in violation of its Nafta obligations;
- there has been no discussion to date about sending legislation to Congress giving the President trade negotiating authority; and,
- the President’s proposals on the “reform” of international tax policy would subject American firms doing business overeas to an extra layer of taxation, above and beyond the current business income tax which is one of the highest in the developed world.
We take the President at his word when he says that the United States must be globally competitive. But to adopt policies to help make that happen, the Administration must first disenthrall itself from the kind of anti-business, protectionist attitudes that currently tincture so much of the discussion about trade.
Tags: Tax, Trade
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April 16th, 2009
While institutional investors in public companies typically vote their shares, often with the help of proxy advisers, individual investors with brokerage accounts typically do not vote. In fact, the rate of individual shareholder voting is today at an all time low, a problem that is beginning, justly, to worry observers at the Securities and Exchange Commission as well as the leaders of small and midsize companies whose shares are disproportionately owned by individuals compared to the ownership patterns found among big businesses.
To address the problem of the low rate of individual shareholder voting, ABC supports the establishment of Client Directed Voting or CDV. We describe this proposal in a recent article in Directors and Boards, which can be accessed here.
Tags: Proxy, SEC
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April 15th, 2009
One of the reasons typically advanced for card check legislation — which would, among other things, make it possible to organize a company without a secret ballot election by relevant workers – is that secret ballot elections are somehow biased against unionization.
The data belie this. In the first half of 2008, the uni0n win rate in private sector organizing elections was 66.8 percent, according to the National Labor Relations Board. This win rate has been tracking upward, with one exception, for the last five years. In 2003 the union win rate was 58.3 percent; in 2004, 58.6 percent; in 2005, 61.3 percent; in 2006, 61.4 percent; and in 2007, 60.5 percent.
Not bad.
Tags: card check
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