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Avoiding another global financial collapse – how?

May 28th, 2010 No comments

  

Time to do it is now

  

Looking back we now recognise the negative influence of PR agencies, lobby groups and spin doctors hyping up the property speculation of the Tiger years. Much of the PR industry here mimicked the activities of their lobby group colleagues in Washington, promoting short term policies and deregulation. (And, strange to say, on radio these days we often hear the same people “talking up” their clients’ prospects, defending the HSE, the actions of state sponsored companies or acting the role of “objective” commentators on current affairs).

 

Hélène Rey of London Business School identifies where the malign forces of the lobby groups receive their strongest direction (and cash), from the financial institutions of Wall Street. She explains that current economic trauma will continue unless those who created the problems are brought under control. And the time to do it is now.

 

 

What happened

The worldwide economic downturn sprang largely from the US and, more specifically, from the investment banks, rating agencies, Washington regulators and other players in big-time Wall Street finance.

 

So at this juncture — when the US Congress is considering financial regulation reform and the US Securities and Exchange Commission (SEC) has at last brought action against all-purpose bad guy Goldman Sachs — we would do well to take a look back at what we learned about the origins and unfolding of the American financial crisis, so we may take an informed look ahead at whether we may reasonably expect reform of US financial regulation potent enough to avert a similar future collapse.

 

Looking back

With a nascent economic recovery seemingly underway, a number of participants and observers of the financial collapse have come forward, willingly or not, with treatises, letters, testimony, books and seemingly numberless email messages — a critical mass that permits some conclusions regarding the origins of and reactions to what became a global financial crisis:

 

  • The massive consumer indebtedness and current account deficit of the US preceded, and contributed to, the crisis — as did the US Federal Reserve’s monetary policy, which held interest rates too low for too long.

 

  • The structure of compensation within large US banks (and Irish banks!) encouraged wild risk taking, while regulators were too complacent or too indulgent in the face of the banks’ charm offensive.

 

  • A revolving door of officials who have shuffled over the years between Wall Street’s major players and various US presidential administrations — particularly those of Clinton and Obama — has raised more than a few eyebrows.

 

  • Ratings agencies, wishing to protect their ever-increasing profits from Wall Street, failed to properly assess risk of the overly creative and complex financial instruments built on the shaky foundation of sub-prime mortgages.

 

Some economists warned of the inevitable bursting of the “housing bubble”, but others were vocal in their flimsy justifications of unprecedented increases in house prices. When the financial mess moved from Wall Street troubles to worldwide economic crisis, policy makers reacted more often with confusion than assertiveness. In the institutional collapse that we now know most merited a US government bailout (that of Lehman Brothers), the US Treasury Department declined to act and thus contributed to the further destabilisation of financial markets. (In his subsequently released memoir, then-US Treasury Secretary Hank Paulson attempts to shift blame to the British Treasury for this failure. The latter, he claims, blocked the Barclays takeover of Lehman Brothers at the last minute, due to surely justified fears of a devastating impact on stability of the British financial system.)

 

While the US government failed to aid Lehman as it should have, its multiple rescues of insurer AIG appear to have been misguided. The principal beneficiaries of the government’s AIG assistance — no surprise — have been the largest of Wall Street’s banks.

 

Looking ahead

Just about everyone in Washington — from the White House to the regulatory agencies to Congress, on both Democratic and Republican sides of the aisle — is agreed that significant reform and strengthening of US financial regulation must occur to prevent another financial collapse and further bailouts of Wall Street by American taxpayers.

But one must wonder if this across-the-board momentum toward reform will be turned back, or watered down to ineffectiveness, under the withering lobbying firepower of Wall Street’s powerful financial institutions. From January through September 2009, financial institutions spent $126 million to influence Congress. The financial sector’s frenzied lobbying is already hammering away at stopping or weakening proposed regulation of derivative products, particularly the credit default swaps at the heart of many speculative strategies.

 

Prospects for meaningful financial reform may be called into question with a look at recent scholarly writings that examine the effectiveness of US lobbying activities by financial institutions. For example, a recent research article (“A fistful of dollars: Lobbying and the financial crisis”, www.imf.org/external/pubs/ft/wp/2009/wp09287.pdf ) poses an important question: why was the regulation of the mortgage market so faulty before the economic crisis? The authors respond simply and precisely: the financial institutions implicated in the excesses of the sub-prime market are those that spent the most money lobbying the US Congress.

 

Between 2000 and 2006, American financial institutions spent from $60 million to $100 million annually on lobbying efforts. Most of these efforts were focused on proposed legislation dealing with real estate lending and securitisation. Securitisation, more than any other factor, led to both the transfer of toxic assets to the balance sheets of many financial institutions, pension funds and government units and to the deterioration of credit quality. Banks that securitise and sell financial products to other institutions have little incentive to be concerned about the quality and ratings of the loans they sell off.

The financial institutions that spent the most money on showering Capitol Hill with campaign funds, lavish trips and other favours are also precisely the institutions that issued the riskiest loans, resorted to securitisation the most and had the fastest-growing portfolios of ever-riskier real estate loans. It seems reasonable to suppose that these same institutions were able to influence the quality of market regulation with their lobbying prowess.

 

Given the revenues, profits and compensation schemes of Wall Street’s heavy hitters in lobbying, it’s hardly surprising that they’re now throwing all their weight into shaping regulation of the financial system in a way that would preserve their rents. Will Congress, the White House and the regulators be able this time, unlike previous times, to resist?

 

 

Hélène Rey, Professor of Economics at London Business School

http://www.london.edu/newsandevents/news/2010/05/Avoiding_another_financial_collapse_1118.html

Celtar and KDA Accountants support European Enterprise Week

May 24th, 2010 No comments

Celtar and KDA Accountants support European Enterprise Week

- as part of Bank of Ireland’s National Enterprise Week

 

Celtar, the specialist management consultancy firm for SMEs, and KDA Accountants are together holding a free business clinic in Bank of Ireland Blanchardstown on Wednesday 26th of May from 10.30am to 1pm.

 

“Experts will be available to answer your business queries and point you in the right direction,” explains Billy Linehan of Celtar. “We like to share our knowledge and experience with ambitious business owners, and thank Bank of Ireland for this showcase opportunity.”

 

 

 

 

Billy Linehan is a Certified Management Consultant and MD of Celtar business and management consultants, a Registered Consultancy Practice of the Institute of Management Consultants and Advisers

For more information

Contact Billy on 086 6086991, www.celtar.ie

 

Bank of Ireland are delighted to announce that their 2010 National Enterprise Week will commence on Monday, 24th May. The Week will run concurrently with the European SME Week. The overarching objective for this week is to lift the spirit of entrepreneurship in Ireland, by providing businesses with the opportunity to network, and meet with other businesses and experts that can support their business.

 

European SME Week

http://ec.europa.eu/enterprise/policies/entrepreneurship/sme-week/

 END

Tesco legal services on the way?

May 5th, 2010 No comments

 

 Commoditisation of legal services

 

“It is worthwhile to reflect on what is happening in other industry sectors, and to review opportunities in your own environment,” says management consultant Billy Linehan . “The legal profession in Ireland has been battered by the recession, even the best of firms have suffered declines in turnover and profits. Firms must plan for a changing world with new business models” advises Billy who is a management adviser to partners in several professional services practices.

A combination of technology and a change in the law are bringing a radical change to the legal sector in the UK where supermarkets are entering the market for legal services.

In an article today on the small business portal, www.bytestart.co.uk,  UK based solicitor Giles Dixon describes the changes.

If you would like to buy some shares in one of the large City law firms or get a will written while you are in the local supermarket or WH Smith, this may soon be possible.

For a very long time the only people who can own law firms and offer legal services have been qualified lawyers, but this will be swept away by a new law that was passed in 2007 and comes into effect next year. Under the Legal Services Act, non-lawyers will be able to form ‘Alternative Business Structures’ with solicitors. This will mean that large companies such as banks or supermarkets will be free to offer legal services to their customers.

Some organisations are already reported to be getting ready for this brave new world – among them the Co-operative Group which has set up Co-operative Legal Services to support their members and offers will-writing and conveyancing services. Others, such as Tesco and the AA may follow. As the author of one recent report has said, “this is all about opening up the market by using the economies that come through scale and using marketing in a different kind of way”.

So instead of going to a high street solicitor in future, those wanting a legal service may go to a store which employs lawyers to provide services to its customers. And in time we may see new business models developing – for example a new nationwide “Easydeath Services” offering a menu including will writing and inheritance tax advice, funerals and probate services, all for pre-agreed fixed fees.

At the other end of the scale, some large city firms may decide to float on the stock market, releasing capital for the partners and opening up ownership to pension funds and other investors.

While the big bang day is not scheduled until 2011, another even more influential force – the internet – is already making legal services available in new ways – without even the need for the customers to leave their home or office. As well as low cost contract templates, wills and leases, there are services offering online divorce, online dispute resolution and mediation as well as debt collection. And by no means the most recent online service is that run by the Courts which have facilities for claims to be filed online.

The losers in this new legal world are going to include some smaller law firms, but there are opportunities for them as well. There is a limit to the number of legal services that can be commoditised – legal fees may be needed to tailor a contract template to the customer’s particular requirements, but a combination of a £40 template and some legal advice on that template is going to be a lot cheaper for the customer than going to a lawyer in the first place.

So we can envisage partnerships between solicitors and suppliers of templates developing. Indeed, some providers of templates, such as ContractStore.com, already offer customers a limited legal service, using the lawyers who write the templates sold from their website. Others are developing packages that involve a lawyer finalising a document that is initially generated online by the consumer sitting at home.

Commercial deals and complex disputes will always need support from qualified legal specialists who can advise on strategy and negotiate on their client’s behalf.

As for commoditised services, there is a limit to what they can do and they do not always come with a human face. So, just as those wanting quality food will go to a farmers’ market or organic butcher rather than Tesco, so many people will still prefer to go to a solicitor rather than Tesco Law Ltd.

 

About the Author

Giles Dixon is a solicitor, managing director of ContractStore.com

www.bytestart.co.uk Posted May 5, 2010

 

www.Celtar.ie