Sunday, October 31, 2010

Halloween Encounter


"Ooooh! The water feels so ssssilly"


I was a shark again for Halloween and it was awesome. I had a funny encounter with some fellow MBA students at a bar.

Girl = girl in my class
Guy = guy in my class, possibly clearly gay
Me = me, drunk

Girl: My cousin saw a photo of you and said you look like Bradley Cooper.
Me: Oh yeah?
Guy: Oooh he's hot!
Me: (uncomfortable silence and nervous laughter)

'Tis all.

Friday, October 29, 2010

Minors and their torts

In my business law class we recently learned that minors are responsible for their crimes and torts, but not contracts. Here's an excellent story from the NY Times on a 4-year old being sued for negligence (a tort). Pretty funny stuff.

http://www.nytimes.com/2010/10/29/nyregion/29young.html?no_interstitial

Monday, October 25, 2010

Heavy Mate



There has been an interesting saga going on in the world of big wave surfing and a contest at Mavericks. The contest was run by Quiksilver for a few years in the early 2000's, then picked up by a San Francisco-based group called Mavericks Surf Ventures. They were accepted at first, even employing Mavericks pioneer Jeff Clark to help run the event and assemble the surfers. The writing was on the wall when Jeff (who has a reputation for being a pain in the ass, but is a legend nonetheless) split from MSV a year or so ago.

A few months ago a group of Mavs surfers joined together to takeover the event permit and run it themselves.They were awarded the permit last week to the obvious chagrin on MSV, who has been managing the event as well as running a clothing line associated with the legendary break. Surfline published this article (http://www.surfline.com/surf-news/new-group-gets-mavericks-contest-permit_49135/) in which an interesting quote from the MSV CEO surfaces:
The reality is that no one else could attempt to produce a contest at Mavericks without running afoul of MSV's rights associated with the company's intellectual property, and with its relationships with sponsors, vendor partners, and various agencies. For example, MSV holds the Federally-registered trademark to "The Mavericks Surf Contest." Any other surfing event held at Mavericks would infringe on that trademark, cause confusion in the marketplace, and dilute the power and recognition of The Mavericks Surf Contest(R).

Now, I am not lawyer, and he is, but this seems rather preposterous. You buy the IP rights for the name of a place that has existed and been canonized by the surf community for decades and nobody can run a contest there? And how about the dilution of the recognition of the Mavericks Surf Contest? It's like the owner of a shitty restaurant that goes out of business suing the owner of the restaurant that now occupies its place for taking away his business. It's like the chicken and egg, except not at all. If MSV had run a good event and involved the surfers and their desires things would likely have worked out. The surfers didn't want MSV to fail because they were a bunch of non-surfers from SF, that just made the point easier to make after the fact. The sad fact is that this will end up in court, costing the state and the new contest organizers money, litigating a case in which the only wrongdoing is bad business.

Friday, October 15, 2010

Meg?




"Excessive taxation starves our economy of innovation and entrepreneurship. We need to build the new California economy with the goal of making it easier to start a new business and create jobs in our state." - Meg Whitman

I had a chance to review some of the proposed economic policies of the noblewoman known as Meg Whitman. Though I like to stray away from political topics in my cyber and real lives, this one was just begging for it for a couple reasons: one, she is claiming that because she ran a company that eventually hired thousands of employees she can run a state that will reverse a trend of unemployment, and two, she is a Harvard MBA, so she should know better. Plus, I have a built-in mistrust for Harvard MBA's from a certain incident not to be discussed for the time being on such a broadly cast media platform as wisslindixie.blogspot.com.

I'm going to take a look at a couple points she makes on megwhitman.com and see if I can take a side on what she calls "Provide Job-Creating Tax Cuts."

Point 1: Eliminate the $800 small business start-up tax
Sounds great, right? We eliminate the need for entrepreneurs to pay the state a fee upfront for starting a business. As the theory goes, the $800 is the key impediment to a new business being able to open shop and become successful. Problem: that's just not the case. If I had an idea that I knew would make money, I would pay $800,000 in taxes because I would know it was going to pay off. The problem in our economy is demand. Simply allowing entrepreneurs to create businesses for free would be fun for some in the beginning, but we would end up seeing many more failed businesses because:
1) most businesses fail even in good times
2) the economy can't sustain current supply, much less more (unless it's a great idea)
2) those not starting businesses simply because of a lack of an $800 fee probably don't have one of said great ideas

In addition to this, getting $800 is fairly easy these days. The federal reserve has lowered rates to close to zero and banks will lend start-up cash for a great idea. We don't need more entrepreneurship in the classical sense, we need more entrepreneurs to work within their current jobs to create better products and increase demand.

Point 2: Eliminate the factory tax

This proposal is designed to keep manufacturing jobs in California. In that respect I am for it. However, I don't think this will greatly affect unemployment in a state where manufacturing relatively small because of the high cost of labor and land.

Point 3: Increase the research and development tax credit
Another good idea if done right. That's a big IF.

Point 4: Promote investments in the agriculture industry
Whitman's proposal is vague, "The agriculture industry is vital to California's economy. Meg believes that by providing a tax credit to encourage investments in water-conservation technology, we can reduce the state's consumption and benefit all Californians."
I don't see the connection between this and economic growth. This reads more like an environmental initiative couched in a tax cut, designed to boost right-wing rhetoric. I am all for water conservation, but the benefit to all Californians? Unclear.

Point 5: Eliminate the state tax on capital gains (with the implication that this will allow investors to start businesses and hire more Californians). After all, Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington and Wyoming don't tax capital gains.
This is a key point for Meg, who just happens to be worth over a billion dollars and has probably paid millions in capital gains in her life. Capital gains tax taxes extra income made from investments, such as property and stocks. The state provides incentives to avoid paying taxes on capital gains from property by buying another property, but an investor must pay tax on other capital gains. Who actually makes money on investments? People who are very rich. People like Meg and those she hangs out with.

Those living paycheck to paycheck, or even those making decent salaries and some money off investments would barely notice capital gains tax, if at all. The super-rich, those making over $1,000,000 per year let's say, definitely notice this. But why would we give them a tax break? The logic goes that if we save these people money (they already have too much money, so save them MORE money), they will put the money back into their businesses or start new ones.

The problem is, again, that rich people don't work like this. I have personally worked for several entrepreneurs, some with quite a lot of money, and they nickel and dime more than anyone. The super-rich will take savings from this proposed initiative and buy a second, third, fourth, or fifth home (so if this passes it may be a good idea to invest in oceanfront property), or use it on luxury items, or save it to pass on to their next generation. There are surely exceptions to this, but we have to speak for the majority.

Heck, I would love to pay capital gains. If I was making so much money from investments that I had to give the state a cut I would be in the .0001% of most fortunate people in the world. Maybe if the super-rich look at it that way they can stop trying to pass this every 4 years.

And why the hell are we trying to follow the lead of Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington and Wyoming? We are Cali-fucking-fornia. We make awesome things, invent products and processes. People come here to meet, develop great ideas, and make money. Pay the pied piper for the benefits the state affords.

Bottom line: if the super-rich wanted to invest money back into their business they would already be doing so. They don't need savings from capital gains to do it.

Side note: I ran eBay and hired people, so I can run California and create jobs.
It doesn't take a whole lot of credentials to run California. Our current governor is a former bodybuilder and philanderer turned actor and pseudo-Kennedy. But just imagine if someone who ran one of the largest businesses in the world at a time of rapid growth must be qualified based on that, right?

Well, no. A business's principal purpose is to make money. A state's purpose if to govern, promote social justice, protect the natural environment, promote economic growth, educate our children, and many other things. Managing a growing business is definitely challenging, but imagine how much harder it is to turn around a sinking business? And what if that business wasn't even a business? Whitman ran eBay when it was unrivaled and simply a great idea by founder Pierre Omidyar. This great idea took off on it's own. Whitman was steering the ship, but she had gale force tailwinds. With that kind of momentum of course they were hiring thousands of employees. They needed those employees to write code and provide customer service so eBay could increase its revenue.

Creating jobs in California will not be so easy. We are a struggling economy with a lack of demand that comes from high unemployment among other thing, as well as close to 0% inflation as a result of the subprime mortgage crisis. When running a business, people come to work and rent our their labor for money. In stimulating an economy, one must consider many more factors outside of just having to pay people for their work and the end goals of creating profits and keeping investors happy.

I don't think I can support Meg. Her ideas on the economy don't seem very strong and I don't think they will be successful if she is elected and they are enacted. I don't know a ton about Jerry Brown, but he seems to be focused on creating jobs the organic way while offering tax breaks for companies the do research and create green jobs. Neither candidate seems like an excellent one to me, but I am hoping the state's electorate doesn't simply look at Meg Whitman's personal net worth and see that as a way to get California out of a recession.

Saturday, October 9, 2010

Morning Melange

I am taking an accounting class, which sucks, and I have been trying to think of a creative way to describe my distaste. The oft-quoted Robert Frost may have said it best:


The Hardship of Accounting

Never ask of money spent,
Where the spender thinks it went.
Nobody was ever meant
To remember or invent
What he did with every cent.


And this is a nice little track/ video:

Friday, October 8, 2010

Dreams DO Come True

Le'JayDe and I have long discussed starting a joint venture. Among them is the P-G School of Sports and Life Sciences, in which we would teach people, mostly men, the essential values of being a man in a rigorous boot camp-style academy. That may or may not ever happen, but we have a new blog that promises to make your dreams come true, as it has ours. Check it out at:

http://duckbutterdiaries.blogspot.com/

Monday, October 4, 2010

NENRY Pride

A couple weeks ago I cam across a story in Harvard Business Review (http://blogs.hbr.org/fox/2010/09/tax-plight-of-250000-crowd.html) that described a group called the HENRYs. These folks, so-called because they are "High-Earning, Not Rich Yet," make between $250k and $500k per year and are subject to the highest proposed levels of taxation if the Bush tax cuts are repealed, according to this only slightly ironic piece from HBR. This group represents a very small percentage of the American population - probably less than 0.5% - so let's not forget a much more important group: the NENRYs.

The NENRYs are just what you may think - Not Earning, Not Rich Yet. We are society's wastrels and vagabonds, roaming from port to port, bed to bed, bar to bar in search of pleasing experiences. We bring an air of regality to sleeping in and are the sole proprietors of the daytime, when HENRYs BMW's are scooting them about, making deals. We are today's Lost Generation sans art: too smart to work menial jobs, too dumb to figure out how else to make it. We live in a wasteland that is light on responsibilities and heavy on perquisites. We show up to your party empty-handed and you thank us for coming, then we leave with your sister (she was lovely). So next time you see a NENRY, remember that he is an important member of society. And buy him a cocktail, for one day he will be a HENRY and he will be obligated to do the same.