A great example of dedication

This Minneapolis Star-Tribune article explains that, after 15 years of litigation, attorneys’ fees totaling $1.3 billion have been approved for the Minneapolis firm of Faegre & Benson and several dozen other law firms that represented 32,000 Alaskan fishermen and business owners who were harmed by the Exxon Valdez oil spill in 1989. Faegre & Benson was one of the lead law firms in involved in the lawsuit against Exxon Mobil Corp. which resulted in a 1994 award of $5 billion in punitive damages.
Although some practices of plaintiffs’ lawyers in large tort cases are open to valid criticism, plaintiffs’ lawyers are more often the unjust target of the demagouges of tort reform. The risk-taking and dedication of the type that the plaintiffs’ lawyers in the Exxon Valdez case exhibited are not often noted in the debate over tort reform. At considerable risk, these lawyers provided a valuable service to thousands of clients who otherwise would have had limited or no means to any legal recourse. These lawyers should be congratulated for a job well done.

Cousins Properties makes a play for Austin area property

A partnership controlled by Atlanta, Ga.-based real estate development firm Cousins Properties has submitted a $33 million cash offer to buy the 1,352 acre Heep Ranch property on I-35 between Austin and Buda, which is one of the most desirable commercial properties available in the fast growing Central Texas area. The offer is subject to Bankruptcy Court approval in the pending chapter 11 case of Hatsy Heep and husband David Shaffer.

Martha’s trial is winding up

Closing arguments begin today in Martha Stewart‘s criminal trial. What I find absolutely remarkable is that closing arguments are going to take two days in what should be a rather straightforward case. Apparently, the attorneys for the prosecution and Martha’s co-defendant will give their arguments today, and then Martha’s counsel will give theirs tomorrow, followed by the prosecution’s rebuttal.
A key tip to the lawyers involved: Juries are generally asleep to what you say after about 20 minutes of closing argument. Hours of closing argument are much more likely to hurt your case with the jury than help it.
Professor Bainbridge provides a good analysis here of why this case should have never been brought against Martha. My bet remains that Martha will walk these charges.

What to do about Michael?

This NY Times article and this Wall Street Journal ($) article describe the problems that The Walt Disney Co. board faces in dealing with the shareholder revolt against Chairman and CEO Michael D. Eisner. Although replacing Mr. Eisner would normally be an option after such a prolonged stretch of mediocre business performance, the recent lowball Comcast takeover bid for Disney is apparently helping Mr. Eisner among Disney board members, who are relunctant to make a change at the top in the face of such a bid. The board’s failure to have Disney management develop a succession strategy for replacing Mr. Eisner is highlighted by the awkward situation in which Disney currently finds itself.

Update on Iraqi oil and gas industry

This NY Times article describes the progress that Iraqi and American engineers and business executives have made in stabilizing and reviving Iraq’s cash-strapped and chronically underperforming oil and gas production. Iraqi officials and American advisers are attempting to revive this key Iraqi industry from one that Saddam Hussein’s government allowed to deteriorate from lack of investment and the looting of billions of dollars of oil sales while under United Nations sanctions after the 1991 Persian Gulf War. Iraq owns the third-largest oil reserves in the world (following Saudi Arabia and Canada), and its economy is almost solely reliant on revenue from oil exports. Accordingly, that revenue is a key component in financing Iraq’s economic revival.

Bankruptcy Court competition for big business reorganization cases

This Atlanta Jounal Constitution article discusses an issue that UCLA law professor Lynn LoPucki characterizes as a “race to the bottom” — i.e., bankruptcy courts in certain jurisdictions bending federal bankruptcy law to market themselves to debtors’ lawyers who often are instrumental in choosing the venue of big business reorganization cases. The cost attributable to this “race to the bottom” is considerable because the two main bankruptcy venues — Delaware and the New York City — commonly approve professional fees in big reorganization cases that are at the highest level of the profession. In comparison, the high hourly rates being charged and routinely approved in the Enron reorganization case in New York would likely not have been approved if the case had been filed in Houston where Enron is based and which is a far more convenient venue for the vast majority of Enron creditors.

The similiarities between Enron and U.S. Govt. financing

A substantial part of the Justice Department‘s criminal cases against former Enron executives Jeff Skilling and Richard Causey involves their complicity in Enron’s liberal use of “off-balance sheet” partnerships that Enron used to shift risk on debt that otherwise would have diluted Enron’s net worth. In an ironic twist, history professor Niall Ferguson and economist Laurence Kotlikoff explain in this insightful paper how the United States Government uses the same off balance sheet liabilities in accounting for its Medicare and Social Security liabilities to mask the true financial condition of the Government. The entire paper is well worth reading, and here are a couple of tidbits:

During the Clinton Administration, the CBO routinely projected that, regardless of inflation or economic growth, the federal government would spend precisely the same number of dollars, year in and year out, on everything apart from . . . entitlements. At the same time, the CBO confidently assumed federal taxes would grow at roughly 6 percent each year. As a result, it was able to make dizzying forecasts of budget surpluses . . . These phantom surpluses were the money Al Gore promised to spend on voters and George W. Bush promised to return to them during the 2000 election.
[T]he crisis of the American welfare state remains a latent one. Few people, least of all in the government, wish to believe it is real. But the crisis could manifest itself with dramatic suddenness if there is a significant shift in the expectations of financial markets at home or abroad. And when the finances of the United States “go critical,” there will inevitably be moves to cut back any federal program that lacks strong popular support. Though relatively inexpensive, and not in themselves a cause of American overstretch, “nation-building” projects in far-away countries will surely be among the first things to be axed.

Messrs. Ferguson and Laurence Kotlikoff also argue that our politicial leaders, the public, and bond market investors are all in denial about the large future liabilities that the government faces. This is provocative economic analysis and essential reading for anyone interested in understanding the financing of our government’s future liabilities.

The Lou Dobbs Rouge Fund

In this insightful piece, James K. Glassman of Tech Central Station ran an interesting analysis of U.S. companies that CNN financial commentator Lou Dobbs has criticized on his website and television show as “either sending jobs overseas or choosing to employ cheap foreign labor, instead of American workers.” Mr. Glassman calculated that the annual return for a hypothetical stock fund of these companies over the past year (12 months ending Feb. 23, 2004), was a remarkable 72.44 percent, which compares with a return of 39.11 percent for the benchmark Standard & Poor’s 500-Stock Index over the same period.
Outsourcing tech and other white-collar jobs is a common political canard that misguided or disingenuous demagogues promote to frighten voters. Accordingly, we will have to endure a great deal of this drivel over the next several months of this election year.

It never got this complicated with Seabiscuit

This NY Times article describes a fascinating situation that has developed regarding a fight for control of the Manchestor United soccer club — the New York Yankees of England professional sports — that also involves a racehorse named Rock of Gibralter and Malcolm Glazer, the owner of the NFL’s Tampa Bay Buccaneers.

Guys, we tried, but we failed

Pfizer announced that it has given up on developing a drug that many males were following closely.