Winners and Losers in Senate Bill on Pay-for-Delay Deals

On October 16, 2009

Winners and Losers in Senate Bill on Pay-for-Delay Deals

The Senate Judiciary Committee passed a bill that would bar drug companies from paying to prevent generic rivals to their branded drugs from being launched. So called "pay-for-delay" deals prevent cheap generics from reaching the market for years, the bill's proponents argue. By banning the deals, consumers will benefit from generics arriving sooner. So who wins and who loses if the bill is passed?


On October 16, 2009

Play Games Without the Boss Finding Out

Need a five-minute game break to refresh your brain but can't risk getting caught by the boss? Head to Can't You See I'm Busy, where you can play three familiar arcade games that look exactly like work. First up is Breakdown, a Breakout-style game that takes place in a faux word processor. Instead of using your paddle and ball to knock out bricks, you knock out words in your "document"! A tap of the space bar (i.e. Boss Key) pauses the game and hides the ball. Next, Leadership combines Lunar Lander with PowerPoint as you guide your spaceship through line graphs. (I've highlighted the lander in yellow below, because that's just how good a fake this is.) Again, the space...


On October 16, 2009

Business Brief: Office Relationships

In the first of a series of posts, Nick Hine, partner at law firm Thomas Eggar, responds to your employment law questions: "I've started a relationship with a co-worker in another department, even though the company handbook has a rule against this. Although we are careful not to behave unprofessionally or inappropriately, inevitably, word of our relationship has reached the ears of our respective line managers. Where do we stand legally?" -- name witheld Relationship issues amongst workers arises relatively frequently. Probably because people spend so much time together that relationships do flow from the working environment.  Companies often put "love clauses" in their contractual documentation to deal with this scenario.   The real concern in this situation is the...


On October 16, 2009

The Goldman Bonuses: I’m Shocked, Shocked

In the debate surrounding the Goldman Sachs bonuses, it feels to me as though commentators are missing some fundamentals. They are looking at the size of the potential bonuses and, in the wake of the $10 billion of bailout money Goldman received in the darkest hours of the financial crisis, asking, "How could they?"

In my view, we should not be the least bit surprised. For the first 130 years of its 140-year existence, Goldman Sachs was a partnership; its sole purpose for that period was to use the partners' money to make as much more money for the partners as humanly possible.

In 1999, Goldman went public and its sole purpose changed: thereafter its purpose was to use the public shareholders' capital to make as much money for the partners as humanly possible. The story isn't much more complicated. So we should not be surprised that Goldman has chosen to use taxpayers' money to make as much money for the partners as humanly possible — after all, it's just another pool of capital to be used to achieve the end goal of enriching the Goldman partners.

I find that the capital markets are quite Pollyanna-ish about publicly traded professional service firms and have written about that in HBR previously ("Capital versus Talent: The Battle That's Reshaping Business"). The natural form of business organization for a professional service firm, such as an investment bank, law firm, consulting firm or ad agency, is a partnership rather than a public company.

The reason goes right back to a basic Michael Porter five-forces analysis. The key supplied input in a professional services firm is a group of talented professionals and their supplier power is immense. They have the power to extract a disproportionate amount of the profitability out of the enterprise by pushing up their own compensation.

How should the enterprise seek to ameliorate supplier power? Porter has the answer: backwards integrate. In the case of aluminum producers, that means buying your bauxite supplier. In the case of a law firm or investment bank, it means acquiring your supplier of talent by making the talent the owner. The way to do that is structure the enterprise as a partnership. The suppliers won't put a gun to their own heads and yell: "Give me more compensation or I will blow my own head off." That would be silly.

And so it was for investment banks for the longest time. They were money-making partnerships and the minute a talented associate got sufficiently powerful that he/she would be in a position to start extracting major remuneration from the partnership, the partnership counter-struck by making the associate a partner. The new partner would then have balanced incentives that would prevent him or her from overtaxing the firm to the point of its extinction.

But in due course, these partnerships recognized that if they could convince naïve external capital to give them more resources, they would have a brand new pool of capital from which to extract value. They could show what an impressive and profitable (before partner distributions) a business they were in order to entice external shareholders into the tent. And as soon as they had the external shareholders' capital, they would return to the sole purpose of making money for the partners-turned-senior executives.

Thanks to the external capital, they could engage in lots more sales and trading and principal investing activities. Eventually these would drive the major investment banks off the cliff in the fall of 2008. Even Goldman saw its share price fall to $52 in November 2008, in the middle of the Lehman Brothers/Bear Stearns crisis, a dollar less than its $53/share IPO price in May 1999. It wasn't much of a return for shareholders over ten years, though the Goldman bankers during that period earned wonderful compensation. But thankfully for those Goldman bankers, the taxpayers stepped in and stabilized the financial markets with a huge infusion of their current and future tax dollars and Goldman shares traded above $190/share within a year. Life is good again and it is time for the bonuses to flow, as they always have.

So this is not new at all. The order of priority is: Goldman bankers first, the external shareholders second, and everybody else last. This is not a secret and has never been. The Goldman bankers are not trying to be sneaky. In the current situation, if sounding sorrowful or giving a bit more money to charities helps preserve Goldman's primary imperative of maximizing banker earnings in the future, we will see a dollop of each. But there should be no confusion as to the purpose of any such gesture.

Roger Martin is the Dean of the Rotman School of Management at the University of Toronto in Canada and the author of
The Opposable Mind and The Design of Business.


On October 16, 2009

JetBlue’s All-You-Can-Jet Pass Considered a Success

You likely could have figured out from the early press it got that JetBlue's All-You-Can-Jet pass would be a success, but now we have JetBlue Senior VP Marketing & Commercial Marty St George talking about it in more detail. This was a rock star of a promotion.


On October 16, 2009

Define Your Strategy by What You Aren’t Doing

Somewhere somebody described to me the process in which Michelangelo imagined his David from inside a flawed block of granite that had a crack in it. The crack became the hitch in David’s arm as he holds the sling. I think that’s something like real business strategy. The general type of business, what other people would [...]


On October 16, 2009

No Jobs For The Boys: Unemployment Hits Men Harder

With many economists now cautiously predicting an economic recovery of sorts on the near horizon, it would be tempting to assume that, from now on, the only way is up. The inconvenient truth, however, is that UK unemployment -- particularly for men -- will continue to rise into the new year. Among men, the employment rate fell to 75.8 per cent this year (one of the lowest figures of the post-war era). Unemployment for men now stands at 9 per cent, compared to 6.9 per cent for women. Predictions for 2010 indicate that one in 10 British men will be without work by the start of the year, according to the Chartered Institute of Personnel and Development (CIPD). In comparison, It...


On October 16, 2009

Gist Lets You Data Mine Your Contacts on the Go — with Your iPhone

Last week I told you about Gist, an online contact management tool that aggregates your contact information from Outlook, Gmail, LinkedIn, Salesforce, and other locations. It has a Web-based component, and, if you install the Outlook add-in, it also behaves a lot like Xobni. We really like Gist, and now I've got some even cooler news: There's a Gist iPhone app as well. Gist has just shown up in the App Store for the relatively low price of free. The interface is similar to what you get on the Web; there's a dashboard that aggregates news, blog posts, and tweets for the people and companies in your network of contacts, and a Share button makes it easy to email any...


On October 16, 2009

Are B-school Profs “Business Virgins”?

I've come to the conclusion that the bloggers at the Huffington Post aren't big fans of b-school. This summer, a post referred to b-school graduates as "menaces," and Pablo Triana recently called b-school profs "business virgins."