Jump to Navigation | Jump to Content
American Bar Association - Defending Liberty, Pursuing Justice ABA Logo

ABA Section of Business Law


 

Volume 14, Number 6 July/August 2005

Snap Judgments
    By Heather Brewer
 

  CEO is out, yes, but stock goes up

Booted CEOs now need not worry about the door hitting them on the way out, but should instead steer clear of soaring stock prices. It seems that investors — rather than fretting over the departure of the ship's captain — are rejoicing in hoisting their man overboard and driving stock prices way up even as the CEO's personal stock goes down.

For example, Smart Money reports that when CEO Donald Carty left AMR, the company's stock shot up 6.3 percent the next day and was up 218 percent one year later. At Motorola, Christopher Galvin's exit inspired an 8.7 percent stock jump the next day, with the price up 53.3 percent a year later.

Ex-execs should start looking at their severance packages to see if there's any of that stock in their basket. Parting is indeed such sweet sorrow.
 

  In-house positions lure minorities

In-house corporate counsel positions have perks that appeal to legal eagles looking for a little more balance than a law firm offers. But, interestingly, the bennies of big biz are especially effective at luring minority lawyers into the game, according to Diversity & the Bar magazine.

A study by the Association of Corporate Counsel found that in 1998, minorities made up 9 percent of in-house counsel — a 4 percent jump from the number five years prior. That figure jumped again to 10 percent in 2000 and to 12.5 in 2001.

Despite the growing numbers, minorities still face obstacles in climbing the ladder, the magazine reports, since only 4.3 percent of Fortune 1000 general counsels are minorities.
 

  The Chinese are here: Good

American colonists long ago heard the cry, "The British are coming!" But American economists today are hearing in a new book the more modern cry of, "The Chinese are here!"

Ted Fishman takes on the economic rise of the Asian powerhouse in his 342-page tome, China, Inc.: How the Rise of the Next Superpower Challenges America and the World, the Chicago Tribune reports.

Among the topics the just-the-facts-ma'am book takes on are China's power as a market, its political clout and its ability to make wage demands.

Fishman specifically cites how China's influence knocked DVD player prices way down from their initial $1,000 price tag.

"If the average car dropped at [the] rate DVD players have, a Porsche 911 would now cost $1,500," Fishman writes.

So, instead of a rash of redcoats, it's an onslaught of affordable red hot rods that may play the pivotal role in this economic rise heard 'round the world.
 

  Complex jobs still needed in U.S.

High rates of outsourcing have been a source of high anxiety for many American business prognosticators who see the initial exporting of jobs as a sign that more intellectually demanding positions will soon be shipped off as well.

But not so, says former Clinton Labor Secretary Robert Reich in the Harvard Business Review.

Reich contends that while more complex jobs — like X-ray diagnostics and software programming — have been heading overseas, the number of those jobs is still on the rise in the United States. And, Reich says, those numbers are likely to continue rising in the coming decade.

American customers' love for high-end products and high- end services, Reich says, has been fueling this home- grown job increase and will keep the demand for local high-end jobs strong in the future.
 

  Online personality tests test applicants

Put the blue power suit away with the mothballs and dig out that Psychology 101 textbook. Today's job interviewers aren't looking for the right answers; they're trying to get the real answers through sophisticated computer-based personality tests.

A recent round of applicant screenings at Universal Studios Hollywood, for example, had prospective workers saying all the right things while interviewers still said, "No," the Washington Post reports. The reason for nixing the newbies? Their answers to a 50-minute online test that had them respond to statements like: "It's maddening when the court lets guilty criminals go free."

Sure it's something of a leading statement, but, according to experts, the answers lead them to an understanding of the applicant's ability to make it in customer service.

In fact, the Post reports that 2,500 U.S. companies — including Target and Nieman Marcus — currently use some version of a personality test for hiring, although some people say the tests aren't a good tactic.

"You are doing a disservice to the complexity of human individuality," says Northwestern professor Dan P. McAdams.

However, out in California, execs at Universal Studios have a sunnier perspective. "In almost every case, the results of the test are what we see in the interviews," says Universal's Nathan Giles.
 

  Should ex-execs just plead guilty?

While being "out of the loop" worked for George Bush the senior and the definition of "is" defined Bill Clinton's defense, CEOs are finding creative defenses aren't doing them justice.

WorldCom's Bernard Ebbers' failed "I didn't know" defense is, according to a recent Los Angeles Times article, bad news for ex-execs awaiting their day in court.

Enron's Kenneth Lay and HealthSouth Corp.'s Richard Scrushy were among those expected to be lining up new legal strategies. Although Scrushy, in the end, took a chance with the ignorance-is-innocence tack, he didn't take a chance on the stand.

Duke law professor Erwin Chemerinsky says the verdict is also a green light for prosecutors. "I think it puts more pressure on white-collar defendant CEOs to consider guilty pleas," Chemerinsky says.
 

  Boom times ahead for emerging markets?

You still don't want to shell out any money for that elusive bridge for sale in Brooklyn, but according to some experts, emerging markets may have their own joke status behind them and now be a serious option for investors.

According to Smart Money magazine, emerging markets — such as Asia, Eastern Europe and Latin America — have learned from the crises and quagmires of the past 10 years and are bracing for boom times.

In fact, stocks from so-called developing nations yielded a 55 percent return in 2003 and 25 percent last year. Even bonds have brought in high yields for the past three years.

However, the folks at Smart Money point out that the volatile nature of emerging markets may hold the possibility of rich returns, but its intricacies are best understood by investment companies who can keep a close eye on all factors.

"With a smart manager, you could see 10 or 11 percent [annual] returns in the next five to 10 years," says Ben Inker of Boston's Gran-tham, Mayo, VanOtterloo.
 

  Boards are finding more backbone

It used to be just business, but now it's personal. Baffled big guys from various companies are finding the arm of business law reaches into their pockets and bank accounts when things go bad on their watch, according to U.S. News & World Report.

In the Enron case, for example, 10 former directors had to fork over a total of $13 million from their own coffers when they were held personally liable for the company's fiscal implosion.

As a result, boards are biting back, taking on CEOs and questioning bottom lines to keep their own assets covered.

"Inside the boardroom, directors are asserting themselves in ways they didn't 10 years ago and that includes standing up to the CEO," says corporate governance expert Charles Elson.
 


 

Back to Top

Copyright American Bar Association. http://www.abanet.org