Wednesday, March 5, 2008

Apple Shareholder Meeting Follow-Up

This news story is based on the question I asked re: Adobe at the Apple shareholder meeting--the story's negative slant was surprising, especially because it excluded Mr. Jobs' positive comments about Adobe at the meeting:

Adobe's Flash Player Not Suited For Phone, Apple CEO Says
Dow Jones

"Adobe Systems Inc.'s (ADBE) popular media player for cellphones simply isn't good enough for Apple Inc.'s (AAPL) iPhone, Apple Chief Executive Steve Jobs said Tuesday in the most substantive comments to date about why the iPhone can't now be used to view a large percentage of videos on the Internet."

"Apple's iPhone, with all its cutting-edge mobile Internet trickery, needs something much better than the current Flash player that Adobe makes for cellphones."

Perhaps the more accurate term would be much "faster," not "better." Basically, Adobe's existing software is designed for larger electronics, like laptops, not devices as small as the iPhone. But Jobs didn't seem like he was intentionally slamming Adobe. He was saying that no product existed that provided the speed he needed--he said, "There's this missing product in the middle.

This part is interesting: "The companies have a history of strained relations. Several years ago, Adobe dropped support for Apple's Macintosh computers and then introduced other software products that were only compatible with Microsoft Corp. (MSFT) software...With the continuing tensions over the iPhone, it appears the two may be drifting further apart."

See, this is surprising, because neither CEO seemed to indicate that there were any strained relations, at least not currently. Still, it makes for good drama in the high tech Valley.

The article was written by Ben Charny; Dow Jones Newswires; 415-765-8230. ben.charny@dowjones.com

Tuesday, March 4, 2008

2008 Apple Annual Shareholders' Meeting

I always enjoy attending Apple's shareholder meetings. Apple's meetings are like no other company's annual meetings, except for possibly Berkshire Hathaway. People today who asked questions traveled from Wyoming, Kentucky, and Pennsylvania. I asked a question about Adobe's relationship with Apple and why the iPhone was incompatible with Adobe's flash technology. Steve Jobs responded that the Adobe flash was too slow to be used in the iPhone, and thus far, no one had developed a similar technology that could be applied to smaller devices such as the iPhone that did not suffer from a loss of speed. He reiterated that Apple used Adobe extensively in its Macs and that the relationship was fine, and the iPhone issue was not an Adobe-specific issue because no company had the necessary technology.

Apple's meetings are fun because people feel comfortable enough to make comments as well as questions. Today, an older shareholder mentioned that last year he came with a tie, and this year, he had learned not to let his "generational handicap" get in the way and came tie-less (I actually wore a tie but was the only person I saw wearing one). Others asked specific questions about technology. What makes Steve Jobs so special is that he seems to know all of the features and quirks of his products, even to the most minute detail. As a result, Apple attracts a lot of smart shareholders who love the technology and can't wait to ask Mr. Jobs questions.

Apple's board of directors included Al Gore, who attended today. When he entered the room, most people started clapping. He has gained some weight and looks like a football linebacker--big, with a presence.

One shareholder proposal on executive compensation actually passed, causing Mr. Jobs to crack, "I hope you can help me with my one dollar annual salary." Comments like these make Mr. Jobs a joy to watch--even when he loses something, he still lets you know he's right, and he's on top of the matter. In someone less charismatic and prepared, this attitude would be insufferable. But Steve Jobs, in creating a viable competitor to Microsoft, has the allegiance of all the "Macheads," who view him as a genius sent from the tech heavens. In fact, almost every year, someone inquires about what will happen to Apple if he leaves or "gets hit by a bus."

At the end of the meeting, I went to shake Steve Jobs' hand. He is a wiry fellow, much trimmer than he looks on television. Immediately after the meeting, he went in a corner to talk with Eric Schmidt of Google before coming down to chat with the shareholders. Perhaps he was talking about a new Google-Apple product. With Steve Jobs, you always wonder what the next big thing is going to be, and that's the wonder of being an Apple shareholder and user.

Monday, March 3, 2008

"Burning Platform"

The information in recent posts relating to bond ratings and the declining dollar has far-reaching consequences. Take a look at this headline from the Financial Times, January 11, 2008: "US's triple-A credit rating 'under threat'"

The US is at risk of losing its top-notch triple-A credit rating within a decade unless it takes radical action to curb soaring healthcare and social security spending, Moody's, the credit rating agency, said yesterday.

The warning over the future of the triple-A rating - granted to US government debt since it was first assessed in 1917 - reflects growing concerns over the country's ability to retain its financial and economic supremacy.

Also from the Financial Times, August 14, 2007:

Drawing parallels with the end of the Roman empire, Mr. David Walker, former U.S. Comptroller, warned there were “striking similarities” between America’s current situation and the factors that brought down Rome, including “declining moral values and political civility at home, an over-confident and over-extended military in foreign lands and fiscal irresponsibility by the central government.”

“Sound familiar?” Mr Walker said. “In my view, it’s time to learn from history and take steps to ensure the American Republic is the first to stand the test of time.”

Mr Walker’s views carry weight because he is a non-partisan figure in charge of the Government Accountability Office, often described as the investigative arm of the US Congress.

Sunday, March 2, 2008

Bond Ratings Explained

In my February 29, 2008 posting ("Warren Buffett's Letter..."), I mentioned that California's bonds were rated the second-worst in the entire country (single A). Why is this problematic? Two reasons: 1) the relatively low rating shows that the health of the state economy isn't as stable as it could/should be; and 2) low bond ratings mean that future expenses may exceed future revenue, making borrowing for new projects (think schools, tax credits to the poor, new roads and bridges, etc.) prohibitively expensive. In short, Californians may not be able to maximize funds for future generations if bond ratings do not improve.

Let me put this in perspective. California's rating is A. Investment grade bonds are bonds rated in the top four quality categories by either Standard & Poor's (AAA, AA, A, BBB) or Moody's (Aaa, Aa, A, Baa). Some readers might think that the credit risk assessors have rated Californian bonds in the top three, so there is no problem. But, as I stated above, California has the second worst rating in the nation, which means that the accountants who have studied our expected revenue and expenses are saying that our economy is projected to be the second worst place to invest in the entire United States. Moreover, our lower bond rating means that we have to pay a higher interest rate if we want to borrow money, which, over time, could create more liabilities for our children in the form of billions of dollars of interest payments. Other than mis-management and the irresponsibility of our elected representatives, there are no reasons why liberal Oregon, post-Big-3 Michigan, low-growth West Virginia, and high-growth Texas should be able to issue higher-grade investments than California.

Furthermore, California's economy is one of the top ten largest economies in the entire world, so its low bond rating means that the state is not budgeting well at all (i.e., our elected representatives are concealing future costs, or enriching themselves or their lobbyists' pet projects at our expense), and if we enter a recession, the effects would be felt world-wide. As a result, this bond rating exposes a crack in California's economy that could potentially impact not just you, but that 13 year old kid in Thailand who makes clothing to sell to us.

I own a T. Rowe price international bond fund. In my bond fund, 56% of the bonds held have higher ratings than California's bonds. The bond invests primarily in Austria, Malaysia, Italy, Japan, France, Germany, and the United Kingdom. Already, some of T. Rowe Price's investors have basically decided, "Why invest in California if you can get an equivalent, more stable return internationally?" Meanwhile the EU's GDP is now equal to the U.S. It doesn't it take a genius to figure out what will happen if this trend continues. We must take measures to fix these issues lest the price of oil and other major commodity indices become denominated in euros (or some other currency), causing Americans to spend the majority of their days working to pay taxes to Washington, D.C. so that our representatives can use those funds to send payments abroad.

For a more in-depth explanation of bond ratings, see

http://mockingbird.creighton.edu/english/fajardo/teaching/SRP435/junkbond.htm

The Wire, Season 2

I'm only on the second season of The Wire, but David Simon is looking like a genius. The actors in this series are aren't the normal Hollywood contenders--they're gritty and real, and one risk of seeing these characters for six seasons in one role means they will be typecast with the crime genre far more than other actors, limiting their overall exposure.

The Wire
's first season seemed long. I know now that Mr. Simon was developing his characters for upcoming seasons, and the first season was like the first 50 pages of a good 400 page book--somewhat tedious, but necessary. The second season was flawless. It deals with the ports and the shipping unions, which we do not normally see or hear from, but are vital hubs of activity nonetheless. One of the best-developed characters, Frank Sobotka, says something poignant about the state of our economy:

"You know what the trouble is? We used to make sh*t in this country, build sh*t. Now we just put our hand in the next guy's pocket."

It's exactly what Warren Buffett is saying about the U.S. economy and the American trade deficit, but it hits home a little harder coming from a non-billionaire.

Friday, February 29, 2008

Warren Buffett's Letter to BRK Shareholders and Government Liabilities

Each year, Warren Buffett publishes a letter to Berkshire shareholders that is both informative and humorous. This year, Buffett discussed an issue that gets far too little press: pension plan liabilities and actual costs of future benefits, which are notoriously difficult to calculate:

"Whatever pension-cost surprises are in store for shareholders down the road, these jolts will be surpassed many times over by those experienced by taxpayers. Public pension promises are huge and, in many cases, funding is woefully inadequate. Because the fuse on this time bomb is long, politicians flinch from inflicting tax pain, given that problems will only become apparent long after these officials have departed. Promises involving very early retirement – sometimes to those in their low 40s – and generous cost-of-living adjustments are easy for these officials to make. In a world where people are living longer and inflation is certain, those promises will be anything but easy to keep."

I am happy to say I sounded the horn on this issue before Mr. Buffett, at least in print. On or around December 2007, The Metro published a letter from me discussing the government's pension plan liabilities. In the letter, I sound quite Ron-Paul-ish, probably more than I actually am, but I have revised the letter and included it below:

America was founded to ensure that private citizens had freedom. To that end, the Constitution provided for a limited federal government, recognizing that large, non-transparent governments and freedom are incompatible. Indeed, any government salary (or new law, for that matter) saps resources from private citizens that could be spent on innovation and other, more productive activities, while also increasing a government official’s power to exert influence and control over private lives. High government salaries are particularly problematic, because they are a form of fraud on the public, i.e. the taking of more funds than necessary from dispersed private citizens to support unionized government members. Here, our local government wanted to hide how much its members were making, which prevents the discovery of corruption and fraud in the form of higher-than-normal salaries. Yet, almost any county position could be filled with qualified individuals even if the county reduced its salaries significantly, recognizing that a pension and the possibility of lifetime medical benefits are more than enough to attract qualified workers. In fact, almost no one in the private sector receives pensions or lifetime medical benefits, and all the private companies that used to offer such benefits, such as General Motors and Ford, are changing their policies. There is a lesson there for private citizens, who may eventually be forced to pay higher taxes to support the unusually generous benefits the government keeps giving itself.

As an attorney, I have litigated against several government agencies and have been shocked at how power individual citizens have granted to unqualified government members. In one case, the DFEH brought an action in a separate tribunal set up exclusively for employment claims, in front of an unelected judge who used to work for the DFEH. The DFEH’s client was awarded no money in the case, but my client had to pay thousands of dollars in attorneys’ fees for a case that almost no one in the private sector would have touched. Yet, we are all paying for a tribunal (the FEHC) with the power to award 150,000 dollars against any small business or individual.

This government excess is not limited to legal tribunals. San Jose’s independent police auditor is having to fight to get a small measure of authority to review taser deaths caused by San Jose police. To get an idea of what happens when government workers are strongly unionized and do not have to fear discipline, read the case of Grassilli v. Barr (2006).

California's own government is so large, I was shocked the first time I saw a list of just the state agencies. Take a look at this link–it does not include city or county governments and yet shows a massive, sprawling government:

http://www.ca.gov/About/Government/agencyindex.html

Someone must pay for all of these employees and their pensions, sabbaticals, and health care. Teachers’ unions usually ask for more money, but the California State Teachers Retirement System is already worth around $125 billion.* It has around 750,000 members and is the third largest public retirement fund in the country. Yet, after health care, education reform remains crucial, and the CTA continues to ask for more money.

As a result of government salaries and benefits spiraling out of control, California’s bond ratings have gone from AAA to single A and are approaching status that is slightly above junk (see http://www.treasurer.ca.gov/ratings/current.asp). The high salaries and unusual benefits of local government workers are just one small part of major fiscal problems that will not get better on their own. The lack of transparency in local government salaries has been remedied somewhat, but many other issues remain. I pray that this country’s citizens will read its history and think harder about current Constitutional issues; otherwise, we will be seeing a great power slowly but inexorably degenerate into a bloated, inefficient police state.

*My figure placed the value of the CTA pension plan at $125 billion. It is actually $131.2 billion, according to the Wall Street Journal's February 28, 2008 article, "Dear Crunch," C1. But what is problematic is that the CTA pension plan is underfunded by 19.6 billion dollars, all of which eventually has to be paid by California taxpayers. This means that the current debt calls for paying retired California teachers 19.6 billion dollars, and the pension plan doesn't have that money now and is hoping to get it in the future (stock market gains, more dues, higher taxes, etc.). To get an overall picture of the financial liabilities we face, the WSJ states that we--that includes you, if you pay taxes in the U.S.--owe our government $440 billion dollars, all of which will be put into the pockets of government workers. In a sign that the purse is already appearing shallow, the WSJ said that the city of Vallejo, CA is considering filing for bankruptcy. Its local government granted itself so much in benefits and salaries that the police and fire department's "salaries and benefits account for 80% of budget costs." Again, if you look at my letter to The Metro, the unstated premise is that without oversight, government will enrich itself at the expense of private citizens, especially in the areas of police power. The City of Vallejo, with almost all the taxpayer revenue going to police/fire union members, proves my point. Yet, even recent front page news stories about how the San Francisco mayor's office increased the salaries of close associates, or how various government departments are paying so much in overtime that correctional guards regularly exceed 100,000 dollars per year in compensation, is not causing any alarm bells to go off (This in a country that now has 1% of its adult population behind bars and will probably need more correctional officers in the future). When front-page news does not shock the public into demanding reform, we need to re-examine how we grant benefits and salaries to government members, perhaps even having referendums or some opt-in voting measure to establish reasonable salaries and benefits. Otherwise, every government employee will be functioning in a pyramid scheme where actual future costs of benefits, especially health care, remain undisclosed and incalculable. Such a situation is not good for taxpayers or our government members. Government, like private industry, benefits when new and highly performing members are attracted to jobs and bring with them fresh ideas. At this rate, government agencies will not be able to hire new employees, and private citizens will not benefit from a fiscally-healthy, secure government.

One of the links in my letter led to bond ratings for all the states. As of today, it shows that California's bond rating is the second worst in the nation, leading to higher borrowing costs and difficulty with improving our infrastructure. Who has the worst bond rating? Louisiana, which was battered by Hurricane Katrina and is still feeling its effects economically. It should be shocking that the sixth or seventh largest economy in the world has the second worst bond rating in the U.S., above only a hurricane-ravaged state, but so far, there are no protests in the streets, no condemnation of government expenditures by citizens, and no cries of unjust takings from our grandchildren. Our founders would be stunned at our utter complacency, but perhaps also proud of the prosperity we have achieved in such a short time. With that in mind, it would be a shame if future generations were unable to see America's promise of prosperity because government members and unions were enriching themselves at our expense or refusing to accept pay cuts, even as tax revenue decreases.

Original letter here: http://www.metroactive.com/metro/12.26.07/letters-0752.html

Update on January 13, 2009: here's a great website on public pensions:

http://www.pensiontsunami.com/

Sunday, February 10, 2008

First, Kill All the School Boards

After the Wilson Quarterly, the Atlantic Monthly is my favorite periodical. Its Jan/Feb 2008 issue has a section written by Matt Miller about schools and some memorable quotes:

Mark Twain: In the first place, God made idiots. This was for practice. Then He made School Boards.

Miller jokes, "Things don't appear to have improved since Twain's time."

Also from Matt Miller: The usual explanation for why national [educational] standards won't fly is that the right hates "national" and the left hates "standards."

I read an interesting tidbit about why so many founders of tech companies (e.g. Bill Gates, David Packard, etc.) are focused on changing and improving education. (Many billionaires fund non-profits and various enterprises, but the Gates Foundation, for example, has worked extensively on expanding charter schools.) The theory is that Gates and others in Silicon Valley got their wealth through education rather than inheritance; therefore, they believe that more inventors and entrepreneurs will be created through a better educational system.