File 030010
Investment Market Analysis and Business Regulation Commentary - File 030010
June 2011 investment market update and commentary on business regulation challenges, featuring George McGovern's 1992 Wall Street Journal letter about his experiences operating the Stratford Inn hotel during economic recession.
Summary
This June 14, 2011 document presents an investment market outlook discussing modest expected recovery in the second half of 2011 based on US capital spending and industrial production. The author includes a reprinted 1992 George McGovern article from the Wall Street Journal titled 'A Politician's Dream Is a Businessman's Nightmare,' in which McGovern reflects on his experience owning the Stratford Inn in Connecticut and discusses how regulatory burdens, healthcare costs, and litigation exposure challenged small business operations during the early 1990s recession. The document emphasizes the tension between well-intentioned government regulations and their practical impact on business profitability and job creation.
June 14, 2011Topics: On lessons learned running the Stratford InnMarket update: for better or worse, this is the kind of year we were expecting. We were surprised at the market’s unbridledoptimism in April 1 , since the tug-of-war between private sector profits and public sector problems has a long way to go. Wechose the charts on the front page of our 2011 Outlook carefully; they were designed to show that equity markets were pricedinexpensively, but were likely to stay that way, given too much stimulus in the East, and ineffective stimulus in the West 2 . Weexpect a modest second half recovery, based primarily on US capital spending increases, easy credit conditions everywhere, anda pick-up in industrial production in Japan. But the world’s structural problems are weighing on the private sector, and ourportfolios are positioned for a single-digit year in credit, equities and hedge funds.Something different this week. I was on the road seeing clients last week, and was asked “what should be done about jobgrowth”. We are investors and not politicians, so my ideas 3 are not relevant. However, it seems to me that anyone involved inthe jobs debate should be required to read the article below, written after the prior deep US recession (1990-1991). It’sfrom George McGovern, one of the most liberal politicians 4 ever to hold office and run for President. His epiphanies afterleaving office and running the Stratford Inn are worth considering as legislators contemplate additional job creation measures,and the broader regulatory environment in which the private sector operates.“A Politician's Dream Is a Businessman's Nightmare”, by George McGovern 5 , June 1992Wisdom too often never comes, and so one ought not to reject it merely because it comes late. (Justice FelixFrankfurter). It's been 11 years since I left the U.S. Senate, after serving 24 years in high public office. Afterleaving a career in politics, I devoted much of my time to public lectures that took me into every state in theunion and much of Europe, Asia, the Middle East and Latin America.In 1988, I invested most of the earnings from this lecture circuit acquiring the leasehold on Connecticut'sStratford Inn. Hotels, inns and restaurants have always held a special fascination for me. The Stratford Innpromised the realization of a longtime dream to own a combination hotel, restaurant and public conferencefacility--complete with an experienced manager and staff. In retrospect, I wish I had known more about thehazards and difficulties of such a business, especially during a recession of the kind that hit New England just asI was acquiring the inn's 43-year leasehold. I also wish that during the years I was in public office, I had hadthis firsthand experience about the difficulties business people face every day. That knowledge would havemade me a better U.S. senator and a more understanding presidential contender.Today we are much closer to a general acknowledgment that government must encourage business to expand andgrow. Bill Clinton, Paul Tsongas, Bob Kerrey and others have, I believe, changed the debate of our party 6 .We intuitively know that to create job opportunities we need entrepreneurs who will risk their capitalagainst an expected payoff. Too often, however, public policy does not consider whether we are chokingoff those opportunities.1 The Osama Bin Laden episode marked the equity market peak for the year. Some commentators saw this event as a basis forfurther optimism, but unsurprisingly, the positive glow lasted for only around 2.5 hours the subsequent Monday. According to theCongressional Research Service, over the last decade, the US has spent at least $1.1 trillion in war funding operations,surpassing the constant-dollar cost of the Korean and Vietnam Wars combined. This highlights the disproportionately largepain that small, non-sovereign entities can inflict in the modern era.2 So far, the large growth and employment multipliers from deficit spending estimated by Christina Romer (former Chair of thePresident’s Council of Economic Advisers) have not materialized. John Taylor and John Cogan from Stanford have been closer tothe mark: an initial boost, but then a rapidly fading benefit.3 I like the idea of extending the holding period for short term capital gains to 3-5 years, and cutting the long term capitalgains rate closer to 5%-10%. It could encourage more business formation, since more of what people create, they keep. If thecutoff year is properly set, it could be done on a deficit–neutral basis.4 According to methodology described by Keith Poole of the University of San Diego in the American Journal of Political Science,McGovern ranks as the 99 th most liberal politician out of 3,320 politicians serving from 1937 to 2002.5 In a letter to the Wall Street Journal. Reprinted with permission; emphasis added.6 This may not have been a permanent change. The National Taxpayers Union rated the Blue Dog Democrats as having a fiscalconservatism score of 52% in 1995; by 2009, it had fallen to 18%.1June 14, 2011Topics: On lessons learned running the Stratford InnMy own business perspective has been limited to that small hotel and restaurant in Stratford, Conn., with anespecially difficult lease and a severe recession. But my business associates and I also lived with federal, stateand local rules that were all passed with the objective of helping employees, protecting the environment, raisingtax dollars for schools, protecting our customers from fire hazards, etc. While I never doubted the worthiness ofany of these goals, the concept that most often eludes legislators is: `Can we make consumers pay the higherprices for the increased operating costs that accompany public regulation and government reporting requirementswith reams of red tape.' It is a simple concern that is nonetheless often ignored by legislators 7 . For example,the papers today are filled with stories about businesses dropping health coverage for employees. We provided asubstantial package for our staff at the Stratford Inn. However, were we operating today, those costs wouldexceed $150,000 a year for health care on top of salaries and other benefits. There would have been noreasonable way for us to absorb or pass on these costs.Some of the escalation in the cost of health care is attributed to patients suing doctors. While one cannot assessthe merit of all these claims, I've also witnessed firsthand the explosion in blame-shifting and scapegoating forevery negative experience in life. Today, despite bankruptcy, we are still dealing with litigation fromindividuals who fell in or near our restaurant. Despite these injuries, not every misstep is the fault of someoneelse. Not every such incident should be viewed as a lawsuit instead of an unfortunate accident. And while thebusiness owner may prevail in the end, the endless exposure to frivolous claims and high legal fees isfrightening.Our Connecticut hotel, along with many others, went bankrupt for a variety of reasons, the general economy inthe Northeast being a significant cause. But that reason masks the variety of other challenges we faced that driveoperating costs and financing charges beyond what a small business can handle. It is clear that some businesseshave products that can be priced at almost any level. The price of raw materials (e.g., steel and glass) and lifesavingdrugs and medical care are not easily substituted by consumers. It is only competition or antitrust thattempers price increases. Consumers may delay purchases, but they have little choice when faced with higherprices. In services, however, consumers do have a choice when faced with higher prices. You may have to stayin a hotel while on vacation, but you can stay fewer days. You can eat in restaurants fewer times per month, orforgo a number of services from car washes to shoeshines. Every such decision eventually results in job lossesfor someone. And often these are the people without the skills to help themselves--the people I've spent alifetime trying to help.7 Would McGovern’s focus on red tape make sense today? According to surveys conducted by the National Federation of SmallBusiness, the answer would be yes. The 3 issues most frequently mentioned as each respondent’s “single most important problem”are Poor Sales, Regulation & Red Tape, and Taxes. Two things of note. First, Regulation & Red Tape concerns have been steadilyrising over the last two years. Secondly, availability of credit does not show up as an issue. As the NFIB wrote in May 2011, “92percent reported that all their credit needs were met or that they were not interested in borrowing. Eight percent reported that not allof their credit needs were satisfied. Three percent reported financing as their #1 business problem, so credit supply is not a problemfor the overwhelming majority.”What's the largest problem facing small business?Percent of respondents35%30%TaxesPoor sales25%20%15%10%5%Regulation & Red Tape1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010Source: National Federation of Independent Business.2June 14, 2011Topics: On lessons learned running the Stratford InnIn short, “one-size-fits-all” rules for business ignore the reality of the market place. And setting thresholds forregulatory guidelines at artificial levels--e.g., 50 employees or more, $500,000 in sales--takes no account of otherrealities, such as profit margins, labor intensive vs. capital intensive businesses, and local market economics.The problem we face as legislators is: Where do we set the bar so that it is not too high to clear? I don't havethe answer. I do know that we need to start raising these questions more often.So, there you have it, one of the more remarkable epiphanies in American politics: a paean to entrepreneurship andgovernment restraint from one of its most progressive members. Public epiphanies like this are rare, but there have beenothers. Last year, Al Gore conceded that first-generation ethanol was “not good policy” given its low energy conversion ratios,and said he had supported ethanol out of “a certain fondness for the farmers in the state of Iowa because I was about to run forpresident." 8 In 2008, former Fed Chair Greenspan conceded that his Ayn Rand philosophies regarding regulations andshareholder self-interest were flawed. Perhaps the most famous epiphany was from Robert McNamara, Secretary of Defenseand one of the principal architects of the Vietnam War. In 1995, he conceded that he was “wrong, terribly wrong” about thewar. George McGovern was one of the war’s fiercest opponents, saying on the floor of the Senate, “I'm tired of old mendreaming up wars for young men to fight”.There may be no magic elixir of policies to speed the adjustment the US faces. Look at it this way: the US is trying the megastimulusroute, while the UK has accelerated its fiscal austerity program. Yet both countries are struggling with below-trendgrowth and employment. Perhaps after a debt binge, there are no easy answers, other than time. What to do next? McGovern’sarticle suggests that an overly interventionist public sector may be the wrong answer, given the unintended consequences.US and UK still searching for answersTotal household , non-financial corporate, federal and municipal debt,percent of GDP300%280%260%240%220%200%180%160%140%1987 1990 1993 1996 1999 2002 2005 2008Source: Federal Reserve, Office for National Statistics. UK Data as of 2009.Michael CembalestChief Investment OfficerThe material contained herein is intended as a general market commentary. Opinions expressed herein are those of Michael Cembalest and may differ from those of other J.P. Morganemployees and affiliates. This information in no way constitutes J.P. Morgan research and should not be treated as such. Further, the views expressed herein may differ from thatcontained in J.P. Morgan research reports. The above summary/prices/quotes/statistics have been obtained from sources deemed to be reliable, but we do not guarantee their accuracy orcompleteness, any yield referenced is indicative and subject to change. Past performance is not a guarantee of future results. References to the performance or character of our portfoliosgenerally refer to our Balanced Model Portfolios constructed by J.P. Morgan. It is a proxy for client performance and may not represent actual transactions or investments in clientaccounts. 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