The San Antonio Marlins?

Marlins_.jpgThe Florida Marlins Baseball Club is making the rounds of potential relocation sites, and the first stop was in San Antonio. Other contenders for the club are Las Vegas, Portland, Oregon, and Charlotte, North Carolina. A move could come as soon as the 2008 baseball season, and such a move could also be impacted by the fact that the current MLB Labor Agreement allows the MLB owners to delete up to two clubs after the 2006 season, so stay tuned.
Interestingly, the potential move of the two-time World Series champion Marlins from Miami is being met with a collective yawn by South Floridians. Craig Depken explains why:

In the end, Miami-Dade County residents will survive just fine without baseball. Although their team won two World Series in their first ten years of existence, in comparison to the sights and sounds of Miami, WS rings are a yawner. In this sense, if the good folks of Miami don’t care one way or the other if the Marlins are in town, why should the rest of us?

O’Reilly’s appalling ignorance of markets

Bill O'Reilly.jpgBill O’Reilly is a popular Fox News show host and author, but he is really nothing more than a fleetingly entertaining demagogue. Case in point is the following exchange between O’Reilly and Neil Cavuto, another Fox News host:

CAVUTO: Okay. Gas prices are down a lot. Why do you think that is?
OíREILLY: Because theyíre afraid theyíll go to jail. And those C.E.O.s who manipulated themñ
CAVUTO: Why are you sure that they manipulated them?
OíREILLY: I have guys that are inside the five major oil companies – my father used to work for one of those oil companies, by the way – who have told me that in those meetings they look for every way to jack up oil prices after Katrina, every way. When they didnít have to. And they got scared because in my reporting and some other reporting, they said ñ

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The legal research racket

WestlawButton.jpgIn this interesting post, the Wired GC discusses the potential negative impact of Web 2.0 on high-cost legal research services such as Westlaw and Lexis/Nexis, and then passes along this anecdote that should give pause to the legal research vendors:

Then as I am about to leave my office last night and head home to complete this post, I opened a November 30, 2005 letter from an SVP of West. It was one of those customer-friendly letters you get these days. You know, the sort that starts out ìDear Westlaw Subscriberî and goes on to state:

ìTo help us continue upgrading the Westlaw content and functionality that helps you carry out top-quality research, we will be increasing rates for Westlaw usage by an average of six percent (6%) as of January 1, 2006.î

The price increase helps me? I set my 2006 budget months ago. For most technology-driven companies, upgrades typically lower costs for customers. No mention of any enhancements, either.
Memo to West: a form letter that slaps a long-term customer with a 30 day notice of a unilateral price increase is very much Law 1.0. Risking driving a customer away is rather ignoring Law 2.0.

Read the whole post.

Duke traders acquitted on most counts

duke energy4.gifIn another stunning loss for federal prosecutors in the post-Enron prosecutions of persons involved in the energy trading industry, a federal jury in Houston federal court yesterday acquitted former Duke Energy trader Todd Reid on all counts of conspiracy, fraud and falsifying books, and acquitted co-defendant Timothy Kramer on seven counts of wire fraud, mail fraud, and circumventing Duke Energy internal controls in connection with the award of $9 million in trader bonuses during 2001. Earlier posts on the case are here, here and here.
As of mid-afternoon yesterday, the jury reported to U.S. District Judge Nancy Atlas that they were deadlocked on 15 remaining counts against Kramer. Judge Atlas instructed the jury to continue deliberating and then informed the attorneys involved in the case that she would declare a mistrial if the jury could not agree on a verdict on the remaining counts against Kramer by the end of the day. Later that afternoon, the jurors sent the Judge a note informing her that they had acquitted Kramer on three more counts and that they wanted to return tomorrow to attempt to resolve the remaining 12 counts (a personal matter of one juror prevents the jury from deliberating today). Judge Atlas agreed to allow the jury to do so.

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Ripples from the Wright Amendment compromise

wright amendment2.jpgFollowing on this post from last week regarding this year’s compromise over the dubious Wright Amendment, this Fort Worth Star-Telegram article reports that American Airlines will move some of its planes to Love Field to compete with Southwest Airlines’ new flights to St. Louis and Kansas City. Those are the two new interstate destinations that can now be flown to out of Love Field as a result of this year’s modification of the Wright Amendment.
According to the article, American rationalizes the move by noting that many of its best customers in Dallas prefer Loveís closer-in location. But how many of those Highland Park-types are going to be going to Kansas City and St. Louis? I could understand American’s move if Love Field had been opened up to fly into New York or Los Angeles, but not St. Louis and Kansas City. This appears to be a money-losing move for the indirect purpose of keeping the Wright Amendment in place and, from my vantage point, that is the type of decision that has had American tailing Southwest financially over the past several years.
Update: Virginia Postrel, who has written extensively on the folly of the Wright Amendment, weighs in here.

A Grotian Moment

saddam.jpgA “Grotian Moment” is a legal development that is so significant that it can create new customary international law or radically transform the interpretation of treaty-based law. The trial of Saddam Hussein is such a moment, and this Case Western School of Law blog is providing expert commentary on the legal and foreign policy implications of arguably the most important international trial since Nuremberg. The subject of the latest post is former U.S. Attorney General Ramsey Clark, who is a member of Saddam’s defense team. The post’s author — Case Western international law professor Michael Scharf — notes the following:

Clark is known for turning international trials into political stages from which to launch attacks against U.S. foreign policy. He has represented Liberian political figure Charles Taylor during his 1985 fight against extradition from the United States to Liberia; Elizaphan Ntakirutimana, a Hutu leader implicated in the Rwandan genocide; PLO leaders in a lawsuit brought by the family of Leon Klinghoffer, the wheelchair bound elderly American who was shot and tossed overboard from the hijacked Achille Lauro cruise ship by Palestinian terrorists in 1986; and most recently Slobodan Milosevic, the former leader of Serbia who is on trial for genocide before the International Criminal Tribunal for the Former Yugoslavia in The Hague.

Sounds just like your typical former U.S. Attorney General, doesn’t it? ;^)

M.D. Anderson research center continues to grow

MD Anderson3.jpgThe Chronicle’s Todd Ackerman reports that the University of Texas M.D. Anderson Cancer Center has received a $20 million donation from Lowry and Peggy Mays as the cancer center continues raising funds for its 116 acre research park under development about a mile and a half south from the main M.D. Anderson hospital complex in Houston’s Texas Medical Center. The Mays gift to M.D. Anderson comes on the heels of an earlier $30 million gift from the Red McCombs family. Mr. Mays built San Antonio-based Clear Channel Communications into the largest radio station company in the U.S.

Boston Scientific makes a play for Guidant

guidant_logo_web4.jpgBoston Scientific Corp made a bid to become the largest heart device maker in the U.S. by making a $25 billion competing offer for Guidant Corp yesterday in an attempt to derail a troubled lower-price agreement between Guidant and Johnson & Johnson (earlier posts on the J&J bid for Guidant are here).
Boston Scientific’s offer consists of $12.5 billion in cash and $12.5 billion in stock, values Guidant stock at $72 per share and would have Boston Scientific’s shareholders owning 65% of the combined company. That represents a premium of 14% over the J&J offer, which values Guidant at $63.43 a share. The theory behind the Boston Scientific proposal is that a combined Boston Scientific and Guidant would become the leading U.S. company specializing in cardiac rhythm management (“CRM”) equipment, which includes pacemakers and heart defibrillators that control rapid and potentially deadly heartbeats. In so doing, the Boston Scientific-Guidant alliance would attempt to become the primary company that doctors would look to for equipment and products to treat a wide range of cardiovascular ailments. Guidant’s board is expected to evaluate in the next day or two whether Boston Scientific’s proposal could lead to an offer superior to J&J’s, which includes a $625 million breakup fee that Boston Scientific would have to pay J&J if Guidant accepts the Boston Scientific bid.

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The myth of the government cure-all

myths.gifSometimes it’s hard to keep up with all the muddled thinking that is passed off as keen economic insight in much of the mainstream media.
My thoughts along these lines started last week with this David Ignatius/Washington Post op-ed in which Ignatius extols the virtues of undertaking a “fundamental national mission, equivalent to President John F. Kennedyís call to put a man on the moon” to solve everything from General Motors’ current problems to dependence on foreign oil, Americansí high living, and the decline of manufacturing in America. Ignatius’ enthusiasm is fueled by Amory Lovins recent book, Winning the Oil Endgame: Innovation for Profits, Jobs and Security (RM Institute 2004), which calls for a big government plan of higher taxes and government subsidies to facilitate fundamental change in the materials used to build such big things as automobiles and buildings. Although Ignatius admits that he knows nothing about the financial viability of Lovins’ big plan, that doesn’t stop him from endorsing it enthusiastically:

I’m no technologist, so I can’t evaluate the technical details of Lovins’s proposal. What I like is that it’s big, bold and visionary. It would shake an America that is sitting on its duff as foreign competitors clobber our industrial giants, and it would send a new message: Get moving, start innovating, turn this ship around before it really hits the rocks.

Of course, Ignatius ignores the little detail of what happens if those carbon-fiber composite automobiles that are created as a result of the government money don’t sell all that well. I guess we’ll just have to work around that later.

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Cashing in on criminalizing business

handcuffs.jpgEliot Spitzer makes no bones about using his position as New York attorney general to promote his campaign for governor, but he certainly isn’t the only lawyer cashing in on the trend of criminalizing business to further one’s career.
This Wall Street Journal ($) article from over the weekend reports that David Anders, the assistant U.S. Attorney who was the lead prosecutor in the recent cases against former WorldCom Chief Executive Bernard Ebbers and investment banker Frank Quattrone, plans to leave the Manhattan U.S. Attorney’s office at the end of this year for a cushy job with the venerable New York law firm, Wachtell, Lipton, Rosen & Katz.
Now, Anders appears to be a competent lawyer who worked for a couple of big New York firms before going to the U.S. Attorney’s office, so maybe he would have ended up at a big New York firm after working as an assistant U.S. Attorney, anyway. Moreover, he is certainly not the first lawyer to take advantage of the opportunity to move from government work to a more lucrative position in private practice. However, the willingness of Wachtell, Lipton — one of the most profitable law firms in the U.S. — to pay a high price to purchase the services of a lawyer whose claim to fame is obtaining a highly questionable conviction of Quattrone and an over-the-top life sentence for Ebbers is a rather sad reflection of the value that the market places on the ability to appeal to the public’s envy and resentment while pursuing questionable prosecutions of the unpopular businessmen of the moment. So it goes in the wacky world of criminalizing corporate agency costs.