Do we need a Federal Escrow Fund?

I’m sure this will be a popular post … but set aside your emotions for a moment about the BP disaster… and consider the insistence by the federal government that an independent agency take over the claims resulting from the oil spill,  purportedly overriding BP’s authority, and that of the other 12 entities on board the oil platform, in those matters. The suggested prototype is the independent examiner appointed to handle claims resulting from the events of 9/11 … but recognize that those events were NOT directly caused by a legal entity with rights and responsibilities and shareholders, or that was subject to a myriad of legitimate national and international governing bodies.
Who should decide how much to pay whom for oil spill claims?
What I wonder is whether BP … in most cases, any corporation … shouldn’t have some rights and control over the claims paid from funds ultimately belonging to their shareholders? Take special note that in BPs case, a powerful example of the global economy in which we live, 18 million British citizens own stock in BP, many of them retirees.
Emotions are running high and many people would prefer to see BP hanging from the nearest rafter. At the same time, shouldn’t a company be allowed to settle claims in a fair and reasonable manner? There are plenty of ways in which individuals and organizations can seek redress if they disagree on the results, either through appeal or in claims or civil courts if a reasonable settlement cannot be made.
What paperwork? (more…)

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CA seed money drying up

No surprise that California's continuing budget problems resulted in a significant drop in funds available through the California Small Business Loan Guarantee program. Why? Because a chunk of its trust fund was used last year to help plug the budget gap ... more gamesmanship by our elected reps in Sacramento.…

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Small business still swimming upstream

Like big bears hovering over the waterline picking off salmon swimming upstream, the economy is not  much of a friend to small business. As you probably realize, small businesses generated 65% of the job growth between 1993 and 2008, and represent about half of the private-sector employment in the U.S., according to the Small Business Administration. “Smaller firms, with fewer than 20 employees, account for 25% of all jobs, but they generated 40% of the [job] growth in the last expansion in 2001,” says Joseph Brusuelas, a director and senior economist at Moody’s Economy.com.

Nouriel Roubini, the NYU economist,  writes in a column published in BusinessWeek that the small business economy, is still mired in an “deep and persistent recession”. In fact, a Goldman Sachs analyst recently explained that small business sentiment is out of line with other measures of the economy, like GDP.

What’s the answer? A recent meeting of chief executives concluded that efforts need to center on getting more credit to small and mid-market businesses. The CEOs argued that the main impediment to a faster economic recovery was the high level of unemployment and called for ensuring that credit was available to jump-start hiring, with an emphasis on smaller businesses. I seriously doubt that’s the holdup and am inclined to agree more with the NFIB Chief Economist. (more…)

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Read more about the article Buried in a 2,000 page bill …
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Buried in a 2,000 page bill …

Climbing a Pile of FilesLike I’ve said, I certainly didn’t intend to wade into this health care reform quicksand but just the thought of a 2,000 page bill that legislators haven’t read conjures a paperwork morass that, like a stealth bomber, sneaks in under the radar and does incredible damage before you wake up in the morning …
… not to mention how much stuff is buried in there we haven’t heard about yet or the laughable observations that it won’t cost anything. Where to start? How about David Broder’s observaations about its failure to deliver on cost controls, he being the former of Chief of Staff for Prez Clinton.
How about the Wall St. Journal report that the promised tort reform – sounds good – is coupled with a provision that provides incentive payments to states that adopt a “alternative medical liability law” … but ONLY IF it does not limit attorney’s fees or impose caps on damages”? Huh? Isn’t that at the core of tort reform in the first place?
How about the concept that none of this will cost anything  because the savings will offset the cost? Gee, we’ve never heard that one before. (more…)

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