Monday, February 22, 2010

First Date Ritual

Do any of you have pre-first-date rituals? I have a few things I do before a first date.

I have an older American car (from 2003), and it's not worth much, so I try to spend as little as possible on it. On date night, however, I like to get the car washed and inflate the tires.

Usually, I go straight from work to the date, so in the morning, I spend an extra half hour fussing about my appearance. For example, I use a straight razor instead of my usual electric one, and I cut the hair on my nape.

As for my clothes, I usually stick with a business casual outfit, which tends to be a nice white collared shirt and a pair of new jeans. I wear my faded Wrangler jeans all the time, so I use another pair of jeans, which I rarely wear, on dates.

I have Drakkar Noir cologne and toothpaste/mouthwash in the office, so I use those before I go. (I bought the Drakkar Noir cologne because of a Dale Earnhardt, Jr. car promotion.)

I should probably add hair gel, but I don't use hair gel enough to justify buying any. For some reason, most of the hair gels I see come in large tubes that would take me years to finish.

Sometimes, I forget to wear a belt, but I fix that issue if there is a second date. Unfortunately, I have to wake up earlier than usual to do all the administrative stuff, and changing my sleeping patterns leaves me in a tired mood. I make up for it by taking a small nap in the afternoon.

I fully realize I sound like a bad Southern caricature--Wrangler jeans, Earnhardt car collection, no hair gel, no belt, old American car, etc. I tend to just come in casually, even when I implicitly realize the dating game requires some song and dance. At the same time, my casual approach should weed out the materialistic, shallow women, so I'd like to think it all balances out. Besides, my white collared shirt is from Nordstrom or another higher-end retail store, so at least there's one hoity-toity part to my first date ritual.

I have no idea if my first date ritual works, but I'm in no rush. I hear good things come to those who wait.

Saturday, February 20, 2010

Big v. Small: Telephone Edition

The battle continues: Here is an article about telephone companies against new tech companies. The seedy understory is that telephone companies don't want to share their lines or subscribers with smaller telephone companies, so they might be ripping out the copper wiring in some areas.

Then, to avoid regulation and possibly to avoid sharing new fiber optics lines with smaller competitors, some companies have apparently convinced courts that their newer fiber optic lines transmit "information," not telephone calls, so the state PUC isn't the appropriate regulator. Such a strategy would help big phone companies take care of smaller telephone competitors, but it may also open the door for companies like Cbeyond (CBEY). (At the same time, I think the FCC, a federal agency, may still regulate telephone companies' fiber optic networks, but that regulation would occur at the distant federal level, not the more local state level.)

Friday, February 19, 2010

Daily Journal Article on Campbell's Youth Basketball Program

See HERE for an article on Campbell's youth basketball program (by Lisa Kestenbaum). It's good to see Campbell's youth basketball program get some well-deserved recognition.

Below are some of the comments I submitted to the writer:

I’ve been coaching basketball for about seven years. A Campbell Community staff member, Terry Alexander, saw me playing basketball and asked me to referee some games. The next year, he asked me to coach, and I’ve been involved in the Campbell Community Center’s program ever since. After dealing with adults and their problems all week, there’s nothing more gratifying than coaching kids, especially kids in grades 2nd to 5th. These kids just want to move around and play, and when you have a great program and staff like Campbell does, it makes it easy to teach the kids.

I’ve traveled all over the world, and I’ve run my own solo practice since 2004, but my biggest lessons in life came from coaching kids. At some point, for example, you realize that every single kid on your team looks up to you. I started coaching when I was about 25 years old, and it was stunning to think that anyone actually looked up to me. At first, it’s the most frightening feeling in the world. I joke that coaching kids is my own personal version of Orwell’s 1984, because the kids are always watching you and trying to see how much they can get away with, how much you care about them, and how dedicated you are.

You worry that your own personality issues–the same impatience and hyper-competitiveness that drive many lawyers–will negatively affect the kids. Over time, though, you realize that your responsibility to the kids trumps everything else. And that’s the lesson: when you’re around kids, everything else must fade away, and you must learn to be calm and collected with them no matter what.

Campbell’s program is unique because of its diversity. I’ve coached in several different programs, but Campbell attracts kids from all over. This year, my team has kids with backgrounds from Japan, China, Mexico, Africa, the Middle East, and Ireland. Later on, these kids will probably go to different high schools and separate based on income or education status. Right now, however, they have the opportunity to play together and become friends.

People talk about achieving a world where race won’t matter, but such a post-racial world already exists in Campbell’s youth sports programs. To me, diversity is important because it proves that America works. For instance, when I call some of the kids’ houses to notify them about practice times, a grandparent will pick up the phone. Oftentimes, he or she doesn’t speak any English. Later, I meet the parents. They sometimes speak English with an accent, and they might hold onto the old culture because it’s familiar to them. The kids, however, speak perfect English and will identify primarily as American. That’s the beauty of America–no matter where you come from, by the third generation, we produce Americans who speak and act virtually the same. This isn’t necessarily true in France, other parts of Europe, or Japan, and I think sports programs, especially youth sports programs, are a large part of why America has successfully assimilated people from all over the world. After all, it’s hard to think someone’s different from you because of the color of his skin or his mom’s accent when you play sports with him over the course of several months.

Coaching sports also helps generate interesting conversation topics. Non-lawyers don’t want to hear about your latest CCP 998 offer, but everyone loves a good story about the kid who shot from halfcourt, made it, and did a funny little dance. Recently, during settlement discussions, I discovered opposing counsel also coaches youth sports. We spent about two minutes chatting about our coaching experiences. Even the case doesn’t settle and moves to litigation, it’s going to be much harder to treat each other without civility now that we have something in common.

Thursday, February 18, 2010

A Gentleman and a Scholar

I have not laughed so hard in so long. HERE's an article on dating an attorney. My favorite tip:

Don’t be surprised when your lawyer sweetheart nitpicks everything. When it happens, don’t accuse him of splitting hairs. That would be like accusing a dolphin of swimming. Instead, thank him for being both a gentleman and a scholar.

Hilarious, isn't it? And so true.

Wednesday, February 17, 2010

Amity Shlaes on Government Employment

From Bloomberg's Amity Shlaes (2/17/10):

From January 2000 to January 2010 -- first under President George W. Bush after Sept. 11, then under Barack Obama -- the number of non-postal employees in the federal government grew 15 percent, to 2.18 million from 1.89 million...[but] over the same period, private-sector employment decreased by 3 percent.

[When including local and state government employees] Federal data show that [over the last decade] the number of total government employees in the U.S. rose to 22.5 million from 20.6 million.

Jobs with Uncle Sam aren’t just more numerous than they used to be. They’re better. Wages and benefits for federal civilian workers were more than double the average total compensation in the private sector: $119,982 versus $59,909. In the treacherous period between December 2007 and mid-2009, the number of federal employees earning more than $100,000 doubled, rising to 66,500 or so.

See here for more. Personally, I'd love to be a federal government attorney. Right now, I regularly receive phone calls where the person calling has a good case based on the facts and the law, but his or her wage losses or damages are too low to file suit.

Many people don't realize that lawsuits are expensive. By the time you file a lawsuit, get the complaint served, file a few motions, and take a deposition, you're looking at about $2,000 in costs--none of which goes to the lawyer. Fast forward six months, and costs can increase to $6,000 easily. In one case I took to trial, the other side's costs exceeded $18,000.

If damages are low, I cannot ordinarily justify spending $5,000 of my own money for a potential $10,000 settlement--and so many hourly or part-time workers have cases where six months of severance would equal about $10,000. Sadly, it's not unreasonable to argue that poor people get run over twice--first, in their job environments, because poor people tend to take tougher or boring jobs, and second, in finding an attorney to negotiate a severance or to file suit.

In any case, if I worked for the federal government, I could, assuming the approval of my boss, assist anyone who had a good case. Why? The taxpayer would be footing the bill for my time, not the poor or middle class worker. Of course, I would hope the agency would keep costs as low as possible. One way to do that would be to reduce retiree benefits, such as pensions. If taxpayers are paying $80,000/yr to a retired cop or lawyer, that's $80,000 that's not being used to hire a new cop or lawyer. Plus, it's always been unclear to me why taxpayers should be paying money to someone who is not longer helping taxpayers.

These kinds of "golden parachutes" exist in the private sector, too. In fact, taxpayers could be liable for private pension obligations as well as government employees' pensions. As of 2008, the Pension Benefit Guaranty Corporation (PBGC) had a $10.8 billion deficit, estimated to rise to $26.3 billion in 2018; however, total underfunding of all private sector pension plans, on a termination basis, amounts to an astounding $225 billion. Clearly, we have a problem.

America's pension plans need reform. One simple reform would be to require that all new government workers have 401(k)s, not pensions. Such a move would immediately reform public sector pension plans and assist already stretched taxpayers, but it is highly unlikely. Public sector unions have so much clout, it seems they can force politicians to put government employees' interests ahead of taxpayers' interests. That's a shame, because Congress had no qualms about reforming private sector pension plans. According to CNN's Colin Barr, Congress has already enacted a law--the 2006 Pension Protection Act--to force corporations to fully fund their pensions by 2015. See here for more.

Despite the new law, cash-rich companies like Exxon Mobil Corporation (XOM) continue to have underfunded pensions. In Exxon's case, its pension is underfunded by about $6 billion. Shareholders should take notice--over the next five years, some companies may have to reduce their growth or take on more debt to fully fund their pensions.

More here, from Mark Scolforo. He points out that taxpayers are in the hole $1 trillion because of public sector retirement benefits, including pensions: "As of 2008, states had $2.4 trillion to meet $3.4 trillion in promised pension, health care and other post-retirement benefits."

Tuesday, February 16, 2010

O' Canada: a Cheat Sheet

Courtesy of the NYT and Bruce Headlam, HERE is a hilarious "cheat sheet" on Canada. Below is my favorite part:

Canada has two national symbols, the Maple Leaf, a symbol of nature and growth, and the Beaver, which represents industry and loyalty.

According to Roman legend, the beaver, when cornered, will chew off its testicles and offer them up to the attacker. Modern biologists have dismissed this as myth. Beaver will only chew off their testicles if you ask nicely. But that’s our point: you have to ask.

Like I said, it's hilarious.

Monday, February 15, 2010

Chuck Thompson on the NBA

An oldie but a goodie: HERE is Chuck Thompson's take on last year's NBA finals. Who is Chuck Thompson? For starters, he's written one of the funniest books I've ever read. See here for a book review of Smile When You're Lying.