Thursday, July 28, 2011

Legal Payday

FLOYD NORRIS
FLOYD NORRIS

Notions on high and low finance.

My column this week concerns a class-action lawsuit on behalf of investors damaged by the collapse of Lehman Brothers. The defendants include Lehman’s former officers and directors, as well as its auditor and 51 investment banks that underwrote Lehman securities.

Notions on high and low finance.

I don’t know how much, if anything, the investors will eventually get, although the fact that Judge Lewis A. Kaplan of United States District Court refused to dismiss a large part of the case may make settlements more likely.

Nor do I know how much will be collected in legal fees. The plaintiffs’ lawyers are typically paid only if they prevail, but the defense lawyers are presumably being paid by the hour.

I count 42 lawyers — 12 for the plaintiffs and 30 for the defendants — who have filed appearances in the case. There may, of course, be more lawyers working on the case back at the office. You can only imagine the fees being collected when the judge holds a hearing.

For the plaintiffs:

Bernstein Litowitz Berger & Grossmann (six lawyers filed appearances with the court)

Barroway Topaz Kessler Meltzer & Check. (six)

For various defendants:

Allen & Overy (two)

Boies, Schiller & Flexner (two)

Fried Frank Harris Shriver & Jacobson (two)

Kasowitz Benson Torres & Friedman (two)

Simpson Thacher & Bartlett (four)

Cleary Gottleib Steen & Hamilton (three)

Gibson, Dunn & Crutcher (three)

Willkie Farr & Gallagher (one)

Proskauer Rose (four)

Dechert (three)

Latham & Watkins (four)

U.S. airlines say EU emissions plan could cost them billions

Airlines LAX The trade group that represents the nation's airlines predicts that a new European Union emissions tax could cost U.S. carriers at least $3 billion through 2020.

The Air Transport Assn. has called the European cap-and-trade emissions plan illegal and predicts it will hurt the industry if implemented on U.S.-based airlines next year.

The European Commission launched the cap-and-trade plan in 2005 and has targeted utilities and manufacturers. Starting next year, carbon dioxide emissions from airlines will be capped at 97% of their average 2004-06 levels and 95% in 2013.

Airlines that don't use all their emissions allowances can sell the excess to other carriers that exceed the limits. The fine for violating the plan is 100 euros, or about $142, for every ton of carbon dioxide that airlines emit above the limit.

The trade group estimates the fines could add up to $3.1 billion for all U.S. carriers between 2012 and 2020.

The airline industry generates about 2% of all U.S. greenhouse gas emissions, according to the Air Transport Assn.

-- Hugo Martin

Photo: Airplanes taxi at Los Angeles International Airport. Credit: Los Angeles Times

Lady Gaga to farmers: Your fields are sexy

Ladygagameatdress Well, it's official: Farming is sexy.

Just ask Lady Gaga. We already know she enjoys draping her body in meat. But the performer, who is planning a Thursday afternoon concert in Hollywood, seemed to have had some fun out in the country's agricultural heartland.

She just returned from shooting music video footage in Nebraska for her song “You and I.”

When she popped into Omaha radio station KQCH recently, she happily told the interviewer there is nothing “sexier than shooting a scene in a cornfield,” according to a report in the Omaha World-Hearld newspaper.

Uh huh.

She added, according to the report, that some of her “little monster” fans did show up unexpectedly in the fields and compared the experience to the classic '80s horror movie “Children of the Corn.”

Maybe it’s not the farmland – but the memory of watching horror films – that’s sexy to her?

-- P.J. Huffstutter

Photo: Lady Gaga wears her controversial meat dress after winning eight 2010 MTV Video Music Awards at the Nokia Theater in Los Angeles. Credit: Mark Ralston / AFP/Getty Images

The Great Gatsby and the American debt crisis


Just recently I’ve been rereading The Great Gatsby by Scott Fiztgerald. Contrary to received wisdom, it’s not his best novel, which is Tender is the night – obviously – but Gatsby is more fun and if the definition of the truly great novel is to have contemporary relevance way beyond its time, the Great Gatsby succeeds in spades.


The boom and bust of the inter war years – The Great Gatsby is set in the roaring 1920s – was, in economic terms at least, a period much like our own, so many of the themes of this book are deeply resonant. And of course it ends with one of the great passages of English literature, which both defines the American dream and points to its ultimate fallibility.


Gatsby believed in the green light, the orgiastic future that year by year recedes before us. It eluded us then, but that’s no matter — tomorrow we will run faster, stretch out our arms farther…. And one fine morning —

So we beat on, boats against the current, borne back ceaselessly into the past.


OK, so I don’t want to stretch the parallels too far, but it seems to me that with the crisis over the American debt talks, we are once again at a “Gatsby moment”. People are losing faith in the American dream – domestically and internationally. The green light is fading, and America seems incapable any longer of running faster, or stretching out its arms farther.


The optimism of youth is giving way to that resigned sense of inevitable decline that occurs in late middle age. The epic battle on Capitol Hill over America’s fiscal future defines this moment better than anything. Self belief and decisiveness is being replaced by indecision and confusion. Feeble impotence is taking the place of economic prowess and rampant self confidence. It’s a tragedy to behold.



What now for gas prices?


The price of UK spot gas

The price of UK spot gas between 2007 and 2011


It’s a tale of two perspectives this morning, with results from British Gas owner Centrica and oil major Royal Dutch Shell.


One the one hand, we have Simon Henry, finance director of Shell, saying that: “Gas prices are not particularly high at the moment.”


Meanwhile, British Gas, which made a £518m profit, says the fact that gas is 30pc higher over the last six months forced it into raising customer bills by 20pc. It claims that if it hadn’t hiked up bills, the supply business would have started to make a loss, wiping out most of this year’s profit.


No wonder billpayers are confused. A quick look at this graph of UK natural gas prices gives some context.


The gas price is much higher than it was during the recession, but still not quite as high as it was beforehand – making current record bills hard to stomach for consumers.


And while gas is indeed a lot more expensive than it was last autumn, it has not been going up substantially this year. In fact, the price has been coming down and is lower than when British Gas announced its last 7pc price increase in December.


So where are gas bills going from here? There are two factors here suggesting that the answer is probably ‘up’. Firstly, factor in Ofgem’s conclusion earlier this year that energy companies raise bills more quickly than they lower them when wholesale prices change. Secondly, consider Royal Dutch Shell’s comments about the gas price being “not particularly high”.


This view implies that the experts from the oil companies expect gas to keep on getting more expensive in the medium term – that is, over the decade. That’s why they are pumping billions of dollars into new gas technologies in Qatar and Australia to meet rocketing demand for the commodity in Asia.


However, a lot depends on whether the world’s economic recovery falters. If the European debt crisis gets worse or America stumbles further towards default, it’s possible that prices will head back down again for a while.


Even if the commodity price does come back down temporarily, we’re also going to be hit by the impact of increasing green taxes. I can think of at least four whose impacts are yet to be felt when the bill hits the mat over the next few years.


Any which way, it’s hard to imagine a scenario where average gas bills, now at a record of £665 per year, come down by very much.



Which Is in Worse Shape, U.S. or Europe?

Simon Johnson, the former chief economist at the International Monetary Fund, is the co-author of “13 Bankers.”

The United States and Europe seem to be competing hard this summer for the title of “biggest economic problem.” Based on the latest news coverage, Europe might seem to be experiencing something of a resurgence, as last week the euro zone agreed on a deal involving mutual support and limiting the fallout from Greece’s debt problems.

In contrast, the United States seems to be mired in a political stalemate that becomes more complex and confused at every turn.

Today’s Economist

Perspectives from expert contributors.

But rhetoric masks reality on both sides of the Atlantic. The euro zone still faces an immediate crisis: the can was kicked down the road last week, but not far. The United States, on the other hand, is in much better shape over the next decade than you might think after listening to politicians of any stripe.

Perspectives from expert contributors.

American problems loom in the decades that follow 2021, so there is still plenty of time to sort these out; the bad news is that almost no one is talking about the real issues.

In a policy paper released by the Peterson Institute for International Economics on July 21, Peter Boone and I went through the details on the euro-zone crisis, including how this common currency area got itself into such deep trouble and what the likely scenarios are now (you can also see the discussion and contrasting views at the publication event).

In our assessment, the issue is lack of effective governance within the euro zone. Governments had an incentive to run reckless policy – either in terms of budget deficits (Greece), out-of-control banks (Ireland) or refusal to create an economic structure that would support growth (Portugal).

These policies were financed by loans from other countries, particularly within the euro zone, creating and sustaining the widely shared perception that if any country were to get into trouble, it would be bailed out by deep-pocketed neighbors (a phrase that in this context always means Germany).

At the heart of this system was a great deal of “moral hazard”; investors stopped doing meaningful credit analysis, so Greek or Spanish or Italian governments could borrow at just a few basis points above the rate for the German government (one basis point is a hundredth of a percentage point, 0.01 percent).

What has shocked investors’ thinking over the last three years are the realizations that Greece and some other “peripheral” countries have so much debt they may not be able to make all the contracted payments by themselves and that Germany and other northern countries have become convinced that foolish investors should suffer some losses.

Imposing losses on banks that made bad decisions is a sensible principle – but getting from here to there is not easy, particularly when the “periphery” includes Italy, with a far larger economy than Greece or Ireland or Portugal and with gross debt of nearly two trillion euros (about 120 percent of its gross domestic product).

Either Europe really ends moral hazard and widely restructures sovereign debts, or it keeps the bailouts coming, with the deep involvement of the European Central Bank, which will ultimately be inflationary. The package announced last week is a classic case of muddling through; it doesn’t really solve anything. (See the Economix Q. & A. on Greece’s latest debt deal.)

If Europe and the world now experience a growth miracle, these debt problems will recede in importance, because solvency is all about debt burdens relative to G.D.P. But if near-term growth is not strong, as seems increasingly likely, market participants will soon resume their contemplation of European dominoes.

In contrast, the United States has a simple fiscal problem – as I discussed in my testimony to the House Ways and Means Committee this week. Government debt surged from 2008, not because of Greek-style profligacy but rather because of an Irish-style banking disaster. When credit collapses, so does revenue. As the economy recovers, revenue comes back.

The single most interesting point about today’s debt ceiling debate is that over the 10-year forecast horizon that frames for the entire discussion, by any conventional definition no fiscal problem exists. In 2021, the United States is likely to have a small primary surplus at the federal level – meaning that the budget, before interest payments, will no longer be in deficit. (James Kwak elaborates on this point on Baseline Scenario, the blog we run together.)

The really bad budget numbers for the United States come after 2021, but these are not the focus of anyone’s current proposals on Capitol Hill. Compared with other countries, the increase in health-care spending from 2010 to 2030 is most troublesome and what will ruin us (see Statistical Table 9 in the International Monetary Fund’s Spring 2011 Fiscal Monitor; or, if you prefer a single picture that cuts to the chase, look at where the United States falls in Figure 1 on page 9 of the I.M.F.’s recent report on how to handle “fiscal consolidation” in the Group of 20 developed economies.)

The debate in Washington is both heated and off course, because no one is grappling with the difficult issue of how to control health-care costs. The Tea Party enthusiasts are intent on near-term government spending cuts as a condition of supporting any increase in the debt ceiling.

If this version of a libertarian tax revolt carries the day, the resulting fiscal contraction will slow the economy and fewer jobs will be created. It does nothing directly to address the looming budget issues beyond 2021.

In the near term, the Europeans have the bigger problem – and this will only be compounded by slower growth in the United States (home to about one-quarter of the world economy). Over the longer haul, it remains to be seen when and how politicians in the United States will take up the real budget issues.

So far, the evidence is not encouraging.

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