Items for Sale R2

As an international student ending his study in Sweden, I am presenting you the unique opportunity to acquire some well-kept garments. All are barely worn and like new.

HUGO BOSS Black Label grey check sports jacket 50R
Bought in 2011; now 1800 SEK 1700 SEK
Measurements:
Length 79, Shoulder 47, Sleeve 65, Chest 55

Buy this and get a Hugo Boss silk tie for FREE

   

SUNSET SUITS white trench coat 50R
Bought two years ago; now 500 SEK
Measurements:
Length 102, Shoulder 48, Sleeve 66, Chest 58.5

Buy this and get a Savoy Taylors Guild silk tie for FREE

   

LEE blue “Flare” jeans 31W/34L
Bought in 2011; now 150 SEK

TIGER OF SWEDEN black shirt 41; two ply
Bought in 2011; now 150 SEK

Blue pinstripe sports jacket 50R
Bought three years ago; now 500 SEK
Measurements:
Length 79, Shoulder 48, Sleeve 64, Chest 55

 

Contact jiulin.teng@stud.ki.se

Moving Sale – PRICE DROP!

As an international student ending his study in Sweden, I am presenting you the unique opportunity to acquire some well-kept garments. All are barely worn and like new.

SUNSET SUITS white trench coat 50R; 67% Cotton, 33% Polyamide; made in Poland
Bought two years ago in Prague for 4500 CZK; now 700 SEK 500 SEK
Measurements:
Coat length 102, Shoulder to shoulder48, Sleeve length 66, Armpit to armpit 58.5

   

LEE blue jeans 31W/34L, “Flare”; 100% Cotton; made in Turkey
Bought this year at NK for 900 SEK; now 300 SEK 150 SEK

  

SOLD
SALIOT black overcoat 52R; 89% Wool, 11% Cashmere; made in China

Bought two years ago in China for 3600 CNY; now 1200 SEK 700 SEK
Measurements:
Coat length 102, Shoulder to shoulder 52.5, Sleeve length 64, Armpit to armpit 60

   

SOLD
SAND black suit size 50R “Super Slim Fit”; 100% Virgin Wool woven in Italy; made in Portugal

Bought last year at NK for 5900 SEK; now 2000 SEK 1200 SEK
Measurements (cm +/- 0.5):
Jacket length 77, Shoulder to shoulder 46, Sleeve length 65, Armpit to armpit 54
Trouser length 109, Inseam 83.5

   

Contact 6180340@gmail.com

Lehman Brothers Holdings Inc. (the text-only version of my case study report for Behavioural Management Control)

Lehman Brothers Holdings Inc.[1]

Group 17

Jiulin Teng


The summer of 2008 was the coldest in the history of investment banking; and 15 September of that year was the darkest ever registered. When Wall Street woke up Monday morning, two more of its storied firms had vanished. Lehman Brothers, burdened by $60 billion in soured real-estate holdings, said it is filing for Chapter 11 bankruptcy after attempts to rescue the 158-year-old firm failed. (Lennihan, 2008)

History

Family-Owned

Lehman Brothers had humble beginnings, tracing its roots back to a small dry-goods store founded by Jewish immigrant from Bavaria, 23-year-old Henry Lehman, in 1844 in Montgomery Alabama. As his brothers, Emanuel and Mayer, arrived, the firm changed its name and ‘Lehman Brothers’ was founded (Lehman Brothers).

During the eighteen-fifties, cotton was one of the most important crops in the United States. The three brothers routinely accepted raw cotton from customers as payment, which gradually became their major business. Following the shift of cotton trading centre to New York City, Lehman opened its first office in Manhattan, where the firm’s headquarters were eventually moved to (Ibid.).

For decades, Lehman was a commodities house; however, since the beginning of the twentieth century, Lehman Brothers underwrote almost one hundred new issues, many times in conjunction with Goldman, Sachs, finally becoming a house of issue.

Partnership

Following the death of Robert Lehman, who had been the ‘patriarch’ of the firm for forty-four years, in 1969, no member of the Lehman family actively involved with the partnership. In 1973, Pete Peterson was brought in to save the firm (Ibid.). Peterson led the firm from significant operating losses to five consecutive years of record profits with a return on equity among the highest in the investment-banking industry (Ibid.).

By the early 1980s, hostilities between the firm’s investment bankers and traders prompted Peterson to promote Lewis Glucksman to be his co-CEO in May 1983. This eventually ousted Peterson and brought the firm under disintegration. Steve Schwarzman, chairman of the firm’s M&A committee, recalled (Ibid.):

Lehman Brothers had an extremely competitive internal environment, which ultimately became dysfunctional.

Lehman Brothers Holdings Inc.

In 1984, Lehman was acquired by Shearson/American Express (Ibid.). A decade later, during American Express’ series of divestment the firm was spun off as Lehman Brothers Holdings Inc. (Ibid.).

For over a century, Lehman survived all the challenges; the railroad bankruptcies of the eighteen-hundreds, the Great Depression of the nineteen-thirties, two world wars, a capital shortage when it was spun off by American Express in 1994, and the Long Term Capital Management collapse and Russian debt default of 1998 (Investopedia).

Investment Banking

Main Activities

An investment bank is a financial institution that assists corporations and governments to raise capital by underwriting and acting as the agent in the issuance of securities. An investment bank also assists companies involved in mergers and acquisitions and derivatives, and provides ancillary services such as market making and the trading of derivatives, fixed income instruments, foreign exchange, commodity, and equity securities (Investment Banking).

There are two main lines of business in investment banking: trading securities for cash or for other securities, i.e. facilitating transactions, or the promotion of securities, e.g. underwriting, is the ‘sell side’; dealing with pension funds, mutual funds[2], hedge funds[3], and the investing public constitutes the ‘buy side’ (Ibid.).

Possible Conflicts of Interest

Potential conflicts of interest may arise between different parts of a bank, creating the potential for market manipulation. Authorities that regulate investment banking therefore require that banks impose a Chinese wall[4] to prevent communication between investment banking on one side and equity research and trading on the other (Ibid.).

Lehman Brothers

Operations

Our strategy remains to: continue to invest in a diversified mix of businesses; expand the number of clients we cover; be more effective in delivering the entire Firm to our clients; effectively manage risk, capital and expenses; and further strengthen our culture (Lehman Brothers Holdings Inc., 2007).

Capital Markets

Capital Markets represented institutional client-flow activities, including secondary trading, financing, mortgage origination and securitisation, prime brokerage, and research activities in fixed income and equity products. The firm facilitated client transactions by serving as an agent, market-maker, and/or intermediary in the global marketplace. The Capital Markets segment also included principal investing and trading activities, including investments in real estate, private equity, and other long-term investments (Reuters).

The equities capital markets were responsible for the firm’s equities and equity-related operations and products worldwide, and were composed of liquid markets, leveraged businesses, and private equity. Liquid markets consisted of the firm’s cash trading, flow derivatives, and programme trading businesses. Leveraged businesses included structured derivatives and convertibles with the former offering customised global equity derivative solution for the customers and the latter trades and makes markets in conventional and structured convertible securities. Private equity principal investments are also included (Ibid.).

Lehman was also a market-maker and participant in the new issue and secondary markets for, and take positions for its own account in, a broad variety of fixed income securities. Fixed income businesses include government and agency obligations, corporate debt securities and loans, global family of indices, high yield securities and leveraged bank loans, money market products, and mortgage and loan origination and mortgage and asset-backed securities (Ibid.).

Investment Banking

Investment Banking provided advice to corporate, institutional, and government clients throughout the world on mergers, acquisitions, and other financial matters. It also raised capital for clients by underwriting public and private offerings of debt and equity instrument. Investment Banking consisted of corporate finance, M&A, and global finance units that serve its corporate, institutional, and government clients. The corporate finance unit was organized into global industry groups. M&A was comprised of advisory and restructuring groups. Global finance served the firm’s clients’ capital-raising needs through specialized product groups in equity capital markets, debt capital markets, leveraged finance, private capital markets, and risk solutions (Ibid.).

Investment Management

Investment Management provided strategic investment advice and services to institutional and high-net-worth clients on a global basis, and consisted of asset management and private investment management businesses. Asset management provided asset management products across traditional and alternative asset classes, through a variety of distribution channels, to individuals and institutions. It included both the Neuberger Berman and Lehman Brothers Asset Management brands, as well as its private equity business (Ibid.).

Risk Management

In its 2007 Annual Report, written when global stock and credit markets had already been in turmoil for several months, Lehman boasted of having ‘a culture of risk management at every level of the firm’ (Hutchinson, 2010). Contrastingly, the same firm raised its leverage ratio from 26.2 to 1 in the bull market of 2006 to 30.7 to 1 in the troubled market of November 2007; moreover, this happened when its equity increased by more than $3 bn (see Exhibit 4).

Lehman mostly used the ‘Value at Risk’ system (Ibid.) in their risk management. It makes three assumptions on the portfolio; that the portfolio does not change over the VaR time horizon (as it is useless below the VaR measurement horizon), that the portfolio can be summarized by its sensitivities with respect to a small number of risk factors, and that the sensitivities can be captured by the first (and possibly second derivatives) with respect to the risk factors. Further, it assumes past market behavior can tell us something about the future. (Artzner, 1997). Unfortunately, these assumptions are provably false in real life.

Moreover, VaR assesses the 99% confidence limit of the loss that may be incurred by each trading position at most 1% of the time (Value at Risk). This basically means Lehman had been exposed to risk management failure 1% of the time.

Another problem with VaR is that, in most cases, it depends on an assessment of the ‘volatility’ of the security concerned, i.e. how much that security bounces (Hutchinson, 2010); meanwhile, volatility is low in bull markets and high in bear markets. This effectively encourages traders take more risks that would not have been taken during good times but fails to make suggestions on reactions in a foreseeable market downturn.

Further, Lehman had been excessively indulged in the use of leverage. Traditionally, the maximum leverage for Wall Street was held to be 20 to 1; it is considered safe when assets are more liquid. It would not be considered safe when the asset mix consists of overwhelmingly real estate investment, private equity stakes, hedge fund positions, credit default swaps, and other derivatives positions that do not even appear on the balance sheet (Ibid.). This, however, was not unique to Lehman Brothers: while Lehman’s leverage had been brought down to 23.3 through asset sales, Morgan Stanley’s was 30.0, Goldman Sachs’ 24.3, and Merrill Lynch’s an astounding 44.1 (Ibid.).

Even more astonishing was its business decision to handle its three major types of investments: commercial real estate, leveraged loans, and private equity; the first of which brought Lehman down (Field, Lehman Report: The Business Decisions that Brought Lehman Down, 2010). This was because many of these new investments were illiquid, which proved to be particularly risky for a firm with high leverage and low equity base: they cannot be sold quickly to raise cash, unless sold for far below face value; they cannot be sold easily, at any speed, so leverage cannot be effectively reduced; and they cannot be easily hedged (Ibid.).

Incentives

In 1994, one share cost $4; by 2007, that number grew to $85. Lehman Brothers managed to do that by expanding to lucrative new products as the market became less regulated, including credit default swaps[5]. Eventually, Lehman moved from the safety of corporate finance and M&A into the risky world of proprietary trading (How Big Is Lehman Brothers?).

As a trader you take risk to make profits. The more risk you take, the more money that you’re playing with, the more profits you can make. In the case of Lehman Brothers, Dick Fuld essentially said to our head in commercial mortgage-backed securities: ‘You gotta take more risk; risk, risk, risk, risk.’ And that risk leads more to the bottom-line.

In a good year as I had in 2006, I made more than $30 mn; that gave me more than a million dollar bonus. And I know traders that they’ll make $10 mn in a year, and they’ve made north of $150, 200 mn for the firm.
– Larry McDonald
Lehman Brothers, 2004-2008
(The Fall of Lehman Brothers, 2009)

ERP in Investment Banking

Background

Traditionally, investment banks have their own application suites tailored to the particular business process and asset classes handled; however, this approach is an obstacle to cross-asset trading, and maintaining a portfolio of applications may be costly (Jennings, 2006). Now, banks have the choice to employ an enterprise trading software package, which ostensibly has a number of advantages such as better integration of financial information, fewer control points to manage, and reduced cost and complexity (Ibid.).

Is ERP for investment banking?

ERP solutions were implemented across traditional businesses from the late nineties to manage supply chain on a single platform; a comparison of enterprise trading software and traditional ERP solutions reveals many similarities. Nonetheless, differences exist, esp. in the case of complex financial risk management in enterprise trading systems (Ibid.).

Meanwhile, traditional ERP implementations provide a number of pointers for banks looking to install enterprise trading software such as the synchronisation of the business operating model across lines of business (Ibid.).

Is investment banking ready for ERP?

One factor that must be considered is the inevitable disruption to business, as new technology deployment may leave organisations considerably less efficient initially whilst the workforce learns new systems and processes. Another factor is that introduction of enterprise trading systems will impact on flexibility; therefore, any gain in business integration should be weighed against loss in business nimbleness (Ibid.).

ERP

Nevertheless, banks today face shrinking margins, tougher competition, and rapid change; further, new legal and regulatory requirements demand greater transparency and information that is more accurate and timelier (SAP AG, 2005).

Challenges

The most competitive banks in this environment are more customer-centric, efficient, and flexible. They have greater control over their costs and have boosted profitability. To achieve these goals, banks should evaluate any IT investment on its ability to provide a fast return and reduce operating costs. Effective investments must also support new business models and help banks make the most of the Internet and mobile technology. Increasingly, banks have the following needs (Ibid.):

  • Streamlined business processes and IT structures that are less complex
  • IT structures that are flexible and allow quick adjustments in the business processes of supporting operations
  • Easy integration of new functions and processes without harm to either the underlying technology or previous investments
  • Personalise data, tools, and solutions that employees can access anywhere at any time

Considering these demands, today’s ERP solutions must improve integration between business processes and technology for seamless transparency between ERP systems and other corporate applications. ERP solutions must also provide readily available, yet secure access to all internal organisational functions and processes by every bank employee, customer, vendor, and partner (Ibid.).

mySAP ERP

According to SAP AG (Ibid.), mySAP ERP combines proven, robust ERP software with extended functions that banks can use enterprise-wide to improve the management of corporate assets and critical business processes. The alleged benefits include (Ibid.):

  • New efficiencies in integrated, end-to-end business processes
  • Business agility
  • Lower total cost of ownership
  • Incremental, deploy-as-you-go functions
  • Faster return on investment
  • Local depth with a global reach

Meanwhile, mySAP ERP allegedly offers all the key features banks need (Ibid.):

  • Business analytics that help evaluate business, operational, and workforce performance based on the bank’s strategic vision
  • Major financial and management accounting processes that help control corporate finance functions and provide support for rigorous corporate-governance mandates such as Sarbanes-Oxley
  • Human capital management functions that help maximise workforce profitability while enhancing the employee experience with ready-to-use self-services and capabilities to handle life and work events
  • Features for managing support operations that help streamline logistics functions and project management, while preparing for future expansion of your collaborative capabilities into such areas as supplier relationship management
  • Features for managing corporate services that help optimise both centralised and decentralised services for corporate travel, facilities, incentives, and commissions

Supposedly, enterprise trading systems like mySAP ERP (see Exhibit 8 for more features and benefits) could improve business planning in the investment banking industry; unfortunately, having rated, underwritten, and invested in the ERP industry, Lehman Brothers had not implemented Enterprise Resource Planning itself.

Calm Before the Storm

In 2007, Lehman Brothers produced another year of record net revenues, net income, and earnings per share and successfully managed through the difficult market environment. Its global platform of diversified businesses also produced record performance across each of its business segments (see Exhibit 2,4,6, and 9).

Investment Banking

Lehman’s Investment Banking Division posted its fourth consecutive record year in 2007, bolstered by continued growth in the Americas, increased activity in Europe and the Middle East, and strong performance in Asia-Pacific. In the Americas, it strengthened its presence in Canada and added an investment banking team in Brazil. The division continued to expand its footprint in Europe and the Middle East by opening an office in Dubai, securing a license to operate in Qatar, and establishing a presence in Russia and Turkey. As part of the firm’s multi-year plan to build a full-scale franchise in the Asia-Pacific region, it expanded senior banker coverage, as well as M&A and financial sponsor capabilities, and utilised Global Finance, aligned with Capital Markets, through its proven joint venture framework (Lehman Brothers Holdings Inc., 2008).

During 2007, Lehman advised on 10 of the 20 largest announced M&A transactions worldwide, and on four of the top five completed M&A transactions (GE Plastics, ABN AMRO, Linn Energy, LLC, and Altria Group, Inc.) (Ibid.).

Equities

Throughout 2007, Lehman made significant progress in executing its growth and diversification strategy – balanced investments across regions, segments, and products. It had invested heavily in its Asia and Emerging Markets franchises. Lehman had acquired the Institutional Equity Group of Brics Securities in India and added significant capabilities in Turkey, Russia, and Brazil (Ibid.).

As the equities market structure is dynamic, access to liquidity continued to be a critical resource. Lehman’s global LX™ platform allows clients to access the firm’s liquidity directly via a suite of electronic direct access trading algorithms. In December 2007, it acquired Van der Moolen’s specialist book. It also continued to invest in its infrastructure (Ibid.).

Fixed Income

Lehman’s Fixed Income Capital Markets business continued to partner with clients on some of their most important transactions in 2007, helping them bring to market landmark issues such as the world’s first managed constant proportion debt obligations, the largest-ever United Arab Emirates dirham-denominated bond, and several of the biggest and most challenging leveraged transactions. International Financing Review magazine named Lehman Brothers its European Leveraged Finance House for the second time in two years, and Institutional Investor ranked the firm #1 for the eighth consecutive year in its All-America Fixed Income Research poll. Its Fixed Income sales credit volume rose 40% in 2007 (Ibid.).

Investment Management

Lehman’s Investment Management Division continued to build on seven decades of experience at Neuberger Berman and its own heritage in merchant banking. In 2007, it won important institutional mandates in equities, fixed income, hedge funds, private equity, and structured products. Within Private Asset Management, the Total Portfolio Returns of the Equity Composite was nearly double that of the S&P 500 (Ibid.).

Lehman had measurably strengthened its capabilities, adding, for example, a global team investing in Real Estate Investment Trusts based in Amsterdam, a significant team of Infrastructure investors within Private Equity, and a team investing in emerging markets based in New York (Ibid.).

Demise

‘I’ve been in my seat a lot longer than you were ever in yours at Goldman.’ Fuld retorted, ‘Don’t tell me how to run my company. I’ll play ball, but at my speed.’ The Treasury chief glowered, and quite possibly at that moment, Lehman’s fate was sealed (McDonlad & Robinson, 2009).

The Prime Culprit

In 2003 and 2004, Lehman acquired five mortgage lenders, including subprime lender BNC Mortgage and Aurora Loan Services. These acquisitions in real estate business brought in record revenues that made revenues in the capital markets unit surge 56% from 2004 to 2006, at a rate much higher than investment banking or investment management (see Exhibit 1, 2, and 10). The firm securitised $146 bn of mortgages in 2006, a 10% increase from 2005. In 2007, the firm reported net income of a record $4.2 bn on revenue of $19.3 bn (Investopedia).

They got to the point where they created mortgages that were known as ‘NINJA’ mortgages – No INcome, Job, or Asset, relying solely on the appreciation of housing prices.
– John Thain
Chairman and CEO
Merrill Lynch, 2007-2008
(The Fall of Lehman Brothers, 2009)

The Beginning of the End

By the first quarter of 2007, cracks in the US housing market were already becoming apparent as defaults on subprime mortgages rose to a seven-year high. On 14 March 2007, one day after the firm’s stock had its biggest one-day drop in five years on concerns that rising defaults would affect Lehman’s profitability, the firm reported record revenues and profit for the first fiscal quarter (Investopedia). Chris O’Meara, Lehman’s CFO, told analysts during a conference call, ‘[The subprime mortgage business in the US] will continue to face headwinds in the near term, [but Lehman is seeing the return of pricing power and] we expect to see various opportunities from the market dislocation.’ (Wong, 2007)

For fiscal year 2007, Lehman raised its firm-wide risk limit from $2.3 bn to $3.3 bn, justifying it by modifying the way it calculated the amount of risk it could support. In September 2007, Lehman raised the limit again to $3.5 bn, and for fiscal year 2008 this number became $4 bn. If the same assumptions used for the 2007 calculation had been used for 2008, the resulting risk limit would have been $2.5 bn.

Meanwhile, despite its efforts in eliminating mortgage-related jobs and shutting down lender offices, Lehman underwrote more mortgage-backed securities than any other firm, accumulating an $85 bn portfolio, four times its shareholders’ equity (Investopedia). On 17 March 2008, following the near-collapse of Bear Stearns, the second largest underwriter of mortgage-backed securities, Lehman’s share price fell 48% (Ibid.). In June, Lehman reported its first loss since its independence from American Express.

The Last Breath

Every one of you should feel confident and proud. Our firm is strong today, and we will emerge from this cycle even stronger. We’ve done it before, and we will do it again.
– Richard Fuld
Chairman and CEO
Lehman Brothers, 1994-2008
(The Fall of Lehman Brothers, 2009)

During the second quarter, Lehman boosted its liquidity pool to an estimated $45 bn, decreased gross assets by $147 bn, reduced its exposure to residential and commercial mortgages by 20%, and cut down leverage ratio from 32 to 25 (Investopedia). However, amid plummeting equity markets worldwide in the first week of September 2008, its stock plunged 77% as investors questioned the original plan to keep the firm independent by spinning off a ‘SpinCo’ that would hold its toxcic real estate assets (Field, Lehman Report: The Business Decisions that Brought Lehman Down, 2010).

A series of plunges in Lehman’s stock, spikes in CDS on its debt, clients’ pull out, cuts in credit lines, and the report of a loss of $3.9 bn in the third quarter and a write-down[6] of $5.6 bn gave Lehman Brothers the final blow (Investopedia) (see Exhibit 1, 3, and 5).

With only $1 bn left in cash by the end of that week, Lehman was quickly running out of time. As the US Treasury refused monetary injection on 12 September, Bank of America, Lehman’s favourite suitor, went on to acquire Merrill Lynch, which was about to take Lehman’s position within days, on 13 September, and Barclays PLC discontinued the negotiation of acquisition on 14 September, Lehman Brothers Holdings Inc. was forced to file for Chapter 11 bankruptcy protection on 15 September before NYSE opened on Monday morning (The Fall of Lehman Brothers, 2009). The registered assets amounted to $691 bn, making Lehman the largest company that has went bankrupt in history (The 10 Largest US Bankruptcies, 2009).

We were told, ‘There isn’t going to be a Barclay transaction, and therefore Lehman should be prepared to go into bankruptcy.’ And then suddenly they said, ‘By midnight.’ And, and my response was, ‘I don’t understand what you’re doing. Could you explain what the reason is for this action?’ And they said, ‘Well, we really don’t have to explain a reason. You need us to finance you, and we’re not gonna finance you unless you go into bankruptcy.’
– Harvey Miller
Lehman Brothers’ bankruptcy attorney
Weil, Gotshal & Manges, LLP
(The Fall of Lehman Brothers, 2009)

Development

Barclays PLC

I think all of us would say this is something that we never expected that we can actually combine with a US Bulge Bracket[7] firm. I don’t use the word ‘transformational’ lightly; this transaction was transformational.
– Bob Diamond
President
Barclays PLC
(Ibid.)

Days after Lehman Brothers filed for bankruptcy on Monday, a revised proposal to sell the brokerage part of Lehman Brothers was put before the bankruptcy court, with a $1.35 bn plan for Barclays to acquire the core business of Lehman Brothers (mainly Lehman’s $960 mn Midtown Manhattan office skyscraper), was approved (Bankruptcy of Lehman Brothers). Barclays booked $4.2 bn in gains on the deal in 2009 (Demos & Bullock, 2010).

I have to approve this transaction because it is the only available transaction. Lehman Brothers became a victim, in effect the only true icon to fall in a tsunami that has befallen the credit markets. This is the most momentous bankruptcy hearing I’ve ever sat through. It can never be deemed precedent for future cases. It’s hard for me to imagine a similar emergency.
– James Peck
Manhattan court bankruptcy Judge
(Bankruptcy of Lehman Brothers)

Repo 105 and Sarbanes-Oxley

The comprehensive report of Lehman Brothers Holdings’ path to bankruptcy that bankruptcy examiner Anton Valukas released detailed many repeated, deliberate material misstatements the firm made in securities filings and public statements about its financial condition (Field, The Lehman Bankruptcy Report Is a Road Map for Criminal Charges, 2010). The Valukas report said Lehman was essentially faking sales and using the ‘proceeds’ to pay down liabilities.

Repo 105 (Repo 105) looked just like an ordinary repo transaction; Lehman would give the counterparty highly liquid securities in exchange for cash, and then repay the cash plus interest and get the securities back. However, Repo 105 had two major differences from ordinary repo transactions: first, the interest was 5% instead of the normal 2%; second, a different accounting treatment was used – instead of booking Repo 105s as financing transactions, which would add to both assets and liabilities and have no impact on the balance sheet, Lehman booked them as sales, and the proceeds were used to pay down liabilities (Ibid.). Because no US law firm would give a legal opinion that Repo 105 transactions met the requirements for a sale accounting treatment, these trades were routed through its affiliate in Britain (Ibid.).

Lehman’s auditor, Ernst & Young were fully aware of these Repo 105 transactions but failed to object these operations. Valukas concluded that Ernst & Young was guilty of professional malpractice (Ibid.).

Meanwhile, provisions in the Sarbanes-Oxley Act impose criminal liability on executives who falsely certify the accuracy of the financial statements and absence of deficiencies in internal controls regarding the preparation of the financial statements (Kirkendall, 2010).

When I went to college I learned economics lesson 01: You do not finance long-term investments with short-term money; and that’s what happened. And I believe it happened because greed took over, and the returns were so big, and so many people were making so much money, that they lost all fear, and risk did not become a factor any more.
– Harvey Miller
Lehman Brothers’ bankruptcy attorney
Weil, Gotshal & Manges, LLP
(The Fall of Lehman Brothers, 2009)

I believe that allowing Lehman Brothers to go bankrupt was a tremendous mistake; the amount of money it would’ve taken, twenty billion, thirty billion, compared to the destruction in value that followed the Lehman bankruptcy and the complete shutdown of the credit markets the billions and billions and billions of losses that we’re experiencing in the markets subsequently.
– John Thain
Chairman and CEO
Merrill Lynch, 2007-2008
(Ibid.)

Questions

  1. If Lehman Brothers had adopted Enterprise Resource Planning, could it have foreseen the irrational amount of risk it had taken and thereby not have exposed itself so severely to the commercial property market that tumbled in 2007 and 2008? If so, when should have been the last chance to adopt ERP, before it acquired subprime lenders in 2003 and 2004, before the housing bubble began to burst, or after it closed part of its Alt-A[8] issuing offices? [see Management Control Systems p220, Decision 1: choice of controls (Merchant & Stede, 2007)]
  2. Seeing the manifold claims of the lack of overall managerial competence within Lehman Brothers during its record growth in the global marketplace, could ERP have helped it in planning and budgeting so that Lehman could have been able to manage its operations more effectively and not over-evaluated its assets and liquidity? [see Management Control Systems p329, Planning and Budgeting (Ibid.)]
  3. Employee incentives were among the highest in Lehman Brothers, but were accompanied by greed and ego; could ERP have helped Lehman identify other, non-material incentives that could have eventually avoided the misfortune? [see Management Control Systems p393 (Ibid.)]
  4. Regarding risk control, what would have been the ‘optimal control? Could ERP have helped with its identification? [see Management Control Systems p11, Characteristics of good management control (Ibid.)]
  5. Can the use of ERP in the investment banking industry provide more transparency that has been required by the Sarbanes-Oxley Act and avoid future mutants of Repo 105s? Could it have done that if Lehman Brothers had used it? [see Management Control Systems p578, The Sarbanes-Oxley Act of 2002 (Ibid.)]
  6. Barclays has so far made a huge amount of money from its acquisition of Lehman Brothers, and it is well-known that Lehman would not have been forced to file for bankruptcy should it have had enough cash for a couple of more weeks. Could ERP have helped predict the amount of cash Lehman should have kept in case of emergency so that it could have survived those couple of weeks? Could the use of ERP help increase liquidity of a bank’s assets? Could its assessments adjust to the changing liquidity and leverages? [see Management Control Systems p533, Using Financial Results Controls in the Presence of Uncontrollable Factors (Ibid.)]
  7. To which level can ERP improve an investment bank’s position in dealing with risks? Could ERP alone have helped Lehman Brothers survive those couple of weeks? [see Management Control Systems p12, Control problem avoidance (Ibid.)]
  8. From the perspective of US Treasury, should most banks have adopted ERP and enhanced transparency, could it have seen the danger of letting Lehman Brothers go bankrupt?
  9. Lehman Brothers valued only revenue and ignored the composition of its asset mix, debts, and risks. How could ERP provide other measures for an investment bank to follow? [see Management Control Systems p435, Financial Performance Measures and their Effects (Ibid.)]

Also

10.  Besides greed and ego, was there anything else that eventually led to Lehman Brothers having taken so much risk?
11.  Had the relationship between Lehman Brothers and Goldman Sachs, or rather Richard Fuld and Henry Paulson[9], played a significant role in the decision of Lehman’s fate? Is it true that, as many have been talking, that Lehman Brothers was forced to fall despite its better operating positions purely because ‘they were the good guys’ and have not practised as many unethical behaviours as others? After all, Lehman Brothers was delivered the best performance in the investment banking industry for several consecutive years; it is hard to imagine a firm could have done that with poor management. [see Management Control Systems p685, Management Control-Related Ethical Issues and Analyses (Ibid.)]
12.  Outside the banking industry, how do we propose both to value shareholder equity and corporate performance and not to be lured by greed and ego?
13.  Any other take-away?

Bibliography

The 10 Largest US Bankruptcies. (2009). Retrieved November 8, 2010, from Fortune: http://money.cnn.com/galleries/2009/fortune/0905/gallery.largest_bankruptcies.fortune/index.html

The Fall of Lehman Brothers (2009). [Motion Picture].

Alt-A. (n.d.). Retrieved November 8, 2010, from Wikipedia: http://en.wikipedia.org/wiki/Alt-A

Artzner, P. (1997). Thinking Coherently. Risk.

Bankruptcy of Lehman Brothers. (n.d.). Retrieved November 7, 2010, from Wikipedia: http://en.wikipedia.org/wiki/Bankruptcy_of_Lehman_Brothers

Bulge Bracket. (n.d.). Retrieved November 8, 2010, from Wikipedia: http://en.wikipedia.org/wiki/Bulge_bracket

BusinessDictionary.com. (n.d.). Write-Down Definition. Retrieved November 8, 2010, from BusinessDictionary.com: http://www.businessdictionary.com/definition/write-down.html

Chinese Wall. (n.d.). Retrieved November 7, 2010, from Wikipedia: http://en.wikipedia.org/wiki/Chinese_wall_(financial)

Credit Default Swap. (n.d.). Retrieved November 9, 2010, from Wikipedia: http://en.wikipedia.org/wiki/Credit_default_swap

Demos, T., & Bullock, N. (2010, October 21). US Bankruptcy Law Under Scrutiny. Retrieved November 8, 2010, from Financial Times: http://www.ft.com/cms/s/0/091df226-dc8a-11df-a0b9-00144feabdc0.html

Field, A. (2010, March 14). Lehman Report: The Business Decisions that Brought Lehman Down. Retrieved November 9, 2010, from Dialy Finance: http://www.dailyfinance.com/story/investing/lehman-report-the-business-decisions-that-brought-lehman-down/19398397/

Field, A. (2010, March 12). The Lehman Bankruptcy Report Is a Road Map for Criminal Charges. Retrieved November 8, 2010, from Daily Finance: http://www.dailyfinance.com/story/investing/the-lehman-bankruptcy-report-is-a-road-map-for-criminal-charges/19396531/?icid=sphere_blogsmith_inpage_dailyfinance

Hedge Fund. (n.d.). Retrieved November 7, 2010, from Wikipedia: http://en.wikipedia.org/wiki/Hedge_fund

Henry Paulson. (n.d.). Retrieved November 9, 2010, from Wikipedia: http://en.wikipedia.org/wiki/Henry_Paulson

How Big Is Lehman Brothers? (n.d.). Retrieved Novembe 9, 2010, from Scribd: http://www.scribd.com/doc/28662704/How-Big-is-Lehman-Brothers

Hutchinson, M. (2010, September 12). How Lehman Brothers’ Own Risk Management Strategy May Cause it to Fail. Retrieved November 7, 2010, from Money Morning: http://moneymorning.com/2008/09/12/lehman-brothers-holdings/

Investment Banking. (n.d.). Retrieved November 7, 2010, from Wikipedia: http://en.wikipedia.org/wiki/Investment_banking

Investopedia. (n.d.). Case Study: The Collapse of Lehman Brothers. Retrieved November 7, 2010, from Investopedia: http://www.investopedia.com/articles/economics/09/lehman-brothers-collapse.asp

Jennings, T. (2006, October 13). Is Investment Banking Ready for Enterprise Software? Retrieved November 7, 2010, from finextra: http://www.finextra.com/fullfeature.asp?id=824

Kirkendall, T. (2010, May 15). The Enronization Of Lehman Brothers. Retrieved November 8, 2010, from Business Insider: The Enronization Of Lehman Brothers

Lehman Brothers. (n.d.). Retrieved November 7, 2010, from Wikipedia: http://en.wikipedia.org/wiki/Lehman_Brothers

Lehman Brothers Holdings Inc. (2007). 2006 Annual Report. New York: Lehman Brothers Holdings Inc.

Lehman Brothers Holdings Inc. (2008). 2007 Annual Report. New York: Lehman Brothers Holdings Inc.

Lennihan, M. (2008, September 15). Wall Street awakes to find Lehman Brothers, Merrill Lynch gone. Retrieved October 6, 2010, from CBC news: http://www.cbc.ca/world/story/2008/09/15/financial-meltdown.html

McDonlad, L. G., & Robinson, P. (2009). A Colosal Failure of Common Sense – The Inside Story of the Collapse of Lehman Brothers. New York: Crown Business.

Merchant, K., & Stede, W. V. (2007). Management Control Systems: Performance Measurement, Evaluation and Incentives (2nd ed.). Harlow: Pearson Education.

Mutual Fund. (n.d.). Retrieved November 7, 2010, from Wikipedia: http://en.wikipedia.org/wiki/Mutual_fund

Repo 105. (n.d.). Retrieved November 8, 2010, from Wikipedia: http://en.wikipedia.org/wiki/Repo_105

Reuters. (n.d.). Lehman Brothers Holdings Inc. (LEHMQ.PK) Chart. Retrieved Novembe 7, 2010, from Reuters: http://www.reuters.com/finance/stocks/chart?symbol=LEHMQ.PK

Reuters. (n.d.). Lehman Brothers Holdings Inc. (LEHMQ.PK) Company Profile. Retrieved November 7, 2010, from Reuters: http://www.reuters.com/finance/stocks/companyProfile?symbol=LEHMQ.PK

SAP AG. (2005). Enterprise Resource Planning for Banks: mySAP ERP Within the Banking Industry. Weinheim, Baden-Württemberg, Germany.

Thomson Reuters. (n.d.). Financial Statements for Lehman Brothers Holdings Inc. Retrieved November 6, 2010, from Google Finance: http://www.google.com/finance?fstype=ii&q=NYSE:LEH

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Value at Risk. (n.d.). Retrieved November 7, 2010, from Wikipedia: http://en.wikipedia.org/wiki/Value_at_risk

Wong, G. (2007, March 14). Lehman Sees More Subprime Woes. Retrieved November 8, 2010, from CNNMoney: http://money.cnn.com/2007/03/14/news/companies/lehman/index.htm

Appendices

Exhibit 1 Lehman Brothers Holdings Inc. Income Statement Quarterly Data

In Millions of USD (except for per share items) 3 months ending 2008-08-31 3 months ending 2008-05-31 3 months ending 2008-02-29 3 months ending 2007-11-30 3 months ending 2007-08-31
Revenue 1,971.00 5,826.00 11,933.00 14,433.00 14,267.00
Other Revenue, Total 432.00 414.00 437.00 458.00 472.00
Total Revenue 2,403.00 6,240.00 12,370.00 14,891.00 14,739.00
Cost of Revenue, Total 5,306.00 6,908.00 8,863.00 10,500.00 10,431.00
Gross Profit -3,335.00 -1,082.00 3,070.00 3,933.00 3,836.00
Selling/General/Admin. Expenses, Total 2,797.00 3,174.00 2,679.00 3,007.00 2,928.00
Research & Development 68.00 87.00 89.00 103.00 91.00
Depreciation/Amortization - - - - -
Interest Expense(Income) – Net Operating - - - - -
Unusual Expense (Income) - - - - -
Other Operating Expenses, Total 56.00 158.00 76.00 50.00 84.00
Total Operating Expense 8,227.00 10,327.00 11,707.00 13,660.00 13,534.00
Operating Income -5,824.00 -4,087.00 663.00 1,231.00 1,205.00
Interest Income(Expense), Net Non-Operating - - - - -
Gain (Loss) on Sale of Assets - - - - -
Other, Net - - - - -
Income Before Tax -5,824.00 -4,087.00 663.00 1,231.00 1,205.00
Income After Tax -3,927.00 -2,774.00 489.00 887.00 887.00
Minority Interest - - - - -
Equity In Affiliates - - - - -
Net Income Before Extra. Items -3,927.00 -2,774.00 489.00 887.00 887.00
Accounting Change - - - - -
Discontinued Operations - - - - -
Extraordinary Item - - - - -
Net Income -3,927.00 -2,774.00 489.00 887.00 887.00
Preferred Dividends - - - - -
Income Available to Common Excl. Extra Items -4,090.00 -2,873.00 465.00 871.00 870.00
Income Available to Common Incl. Extra Items -4,090.00 -2,873.00 465.00 871.00 870.00
Basic Weighted Average Shares - - - - -
Basic EPS[10] Excluding Extraordinary Items - - - - -
Basic EPS Including Extraordinary Items - - - - -
Dilution Adjustment 0.00 0.00 - - -
Diluted Weighted Average Shares 691.20 559.30 572.80 563.70 565.80
Diluted EPS Excluding Extraordinary Items -5.92 -5.14 0.81 1.55 1.54
Diluted EPS Including Extraordinary Items - - - - -
Dividends per Share – Common Stock Primary Issue 0.17 0.17 0.17 0.15 0.15
Gross Dividends – Common Stock - - - - -
Net Income after Stock Based Comp. Expense - - - - -
Basic EPS after Stock Based Comp. Expense - - - - -
Diluted EPS after Stock Based Comp. Expense - - - - -
Depreciation, Supplemental - - - - -
Total Special Items - - - - -
Normalized Income Before Taxes - - - - -
Effect of Special Items on Income Taxes - - - - -
Income Taxes Ex. Impact of Special Items - - - - -
Normalized Income After Taxes - - - - -
Normalized Income Avail to Common - - - - -
Basic Normalized EPS - - - - -
Diluted Normalized EPS -5.92 -5.14 0.81 1.55 1.54

Financial Statements provided by Thomson Reuters and retrieved from Google Finance on 6 November 2010 (Thomson Reuters).

Exhibit 2 Lehman Brothers Holdings Inc. Income Statement Annual Data

In Millions of USD (except for per share items) 12 months ending 2007-11-30 12 months ending 2006-11-30 12 months ending 2005-11-30 12 months ending 2004-11-30
Revenue 57,264.00 45,296.00 31,476.00 20,456.00
Other Revenue, Total 1,739.00 1,413.00 944.00 794.00
Total Revenue 59,003.00 46,709.00 32,420.00 21,250.00
Cost of Revenue, Total 39,746.00 29,126.00 17,790.00 9,674.00
Gross Profit 17,518.00 16,170.00 13,686.00 10,782.00
Selling/General/Admin. Expenses, Total 12,605.00 11,175.00 9,367.00 7,655.00
Research & Development 378.00 301.00 234.00 211.00
Depreciation/Amortization - - - -
Interest Expense(Income) – Net Operating - - - -
Unusual Expense (Income) - - - 0.00
Other Operating Expenses, Total 261.00 202.00 200.00 192.00
Total Operating Expense 52,990.00 40,804.00 27,591.00 17,732.00
Operating Income 6,013.00 5,905.00 4,829.00 3,518.00
Interest Income(Expense), Net Non-Operating - - - -
Gain (Loss) on Sale of Assets - - - -
Other, Net - - - -
Income Before Tax 6,013.00 5,905.00 4,829.00 3,518.00
Income After Tax 4,192.00 3,960.00 3,260.00 2,393.00
Minority Interest - - - -
Equity In Affiliates - - - -
Net Income Before Extra. Items 4,192.00 3,960.00 3,260.00 2,393.00
Accounting Change - - - -
Discontinued Operations - - - -
Extraordinary Item - - - -
Net Income 4,192.00 4,007.00 3,260.00 2,393.00
Preferred Dividends - - - -
Income Available to Common Excl. Extra Items 4,125.00 3,894.00 3,191.00 2,297.00
Income Available to Common Incl. Extra Items 4,125.00 3,941.00 3,191.00 2,297.00
Basic Weighted Average Shares - - - -
Basic EPS Excluding Extraordinary Items - - - -
Basic EPS Including Extraordinary Items - - - -
Dilution Adjustment - - - -
Diluted Weighted Average Shares 568.30 578.40 587.20 581.50
Diluted EPS Excluding Extraordinary Items 7.26 6.73 5.43 3.95
Diluted EPS Including Extraordinary Items - - - -
Dividends per Share – Common Stock Primary Issue 0.60 0.48 0.40 0.32
Gross Dividends – Common Stock - - - -
Net Income after Stock Based Comp. Expense - - - -
Basic EPS after Stock Based Comp. Expense - - - -
Diluted EPS after Stock Based Comp. Expense - - - -
Depreciation, Supplemental - - - -
Total Special Items - - - -
Normalized Income Before Taxes - - - -
Effect of Special Items on Income Taxes - - - -
Income Taxes Ex. Impact of Special Items - - - -
Normalized Income After Taxes - - - -
Normalized Income Avail to Common - - - -
Basic Normalized EPS - - - -
Diluted Normalized EPS 7.26 6.73 5.43 3.95

Financial Statements provided by Thomson Reuters and retrieved from Google Finance on 6 November 2010 (Thomson Reuters).

Exhibit 3 Lehman Brothers Holdings Inc. Balance Sheet Quarterly Data[11][12]

In Millions of USD (except for per share items) As of 2008-05-31 As of 2008-02-29 As of 2007-11-30 As of 2007-08-31
Cash & Equivalents 19,544.00 24,133.00 20,029.00 17,627.00
Short Term Investments - - - -
Cash and Short Term Investments 19,544.00 24,133.00 20,029.00 17,627.00
Accounts Receivable – Trade, Net 37,485.00 49,213.00 40,627.00 35,747.00
Receivables – Other - - - -
Total Receivables, Net 41,721.00 52,399.00 43,277.00 38,391.00
Total Inventory - - - -
Prepaid Expenses - - - -
Other Current Assets, Total - - - -
Total Current Assets - - - -
Property/Plant/Equipment, Total – Gross 6,975.00 6,756.00 6,299.00 5,999.00
Accumulated Depreciation, Total -2,697.00 -2,567.00 -2,438.00 -2,322.00
Goodwill, Net - - 3,137.00 -
Intangibles, Net 4,101.00 4,112.00 990.00 4,108.00
Long Term Investments 563,935.00 695,339.00 614,363.00 589,724.00
Other Long Term Assets, Total - - - -
Total Assets 639,432.00 786,035.00 691,063.00 659,216.00
Accounts Payable 61,086.00 84,552.00 64,307.00 51,829.00
Accrued Expenses 9,802.00 11,596.00 16,039.00 17,157.00
Notes Payable/Short Term Debt 22,655.00 24,752.00 18,024.00 20,937.00
Current Port. of LT Debt/Capital Leases 20,991.00 18,510.00 16,801.00 13,997.00
Other Current liabilities, Total - - - -
Total Current Liabilities - - - -
Long Term Debt 128,182.00 128,285.00 123,150.00 120,331.00
Capital Lease Obligations - - - -
Total Long Term Debt 128,182.00 128,285.00 123,150.00 120,331.00
Total Debt 171,828.00 171,547.00 157,975.00 155,265.00
Deferred Income Tax - - - -
Minority Interest - - - -
Other Liabilities, Total 370,440.00 493,508.00 430,252.00 413,232.00
Total Liabilities 613,156.00 761,203.00 668,573.00 637,483.00
Redeemable Preferred Stock, Total - - - -
Preferred Stock – Non Redeemable, Net 6,993.00 2,993.00 1,095.00 1,095.00
Common Stock, Total 61.00 61.00 61.00 61.00
Additional Paid-In Capital 11,268.00 11,129.00 9,733.00 9,802.00
Retained Earnings (Accumulated Deficit) 16,901.00 19,880.00 19,698.00 18,915.00
Treasury Stock – Common -4,922.00 -5,149.00 -5,524.00 -5,658.00
Other Equity, Total -4,025.00 -4,082.00 -2,573.00 -2,482.00
Total Equity 26,276.00 24,832.00 22,490.00 21,733.00
Total Liabilities & Shareholders’ Equity 639,432.00 786,035.00 691,063.00 659,216.00
Shares Outs – Common Stock Primary Issue - - - -
Total Common Shares Outstanding 552.70 551.38 531.89 529.45

Financial Statements provided by Thomson Reuters and retrieved from Google Finance on 6 November 2010 (Thomson Reuters).

Exhibit 4 Lehman Brothers Holdings Inc. Balance Sheet Annual Data[13]

In Millions of USD (except for per share items) As of 2007-11-30 As of 2006-11-30 As of 2005-11-30 As of 2004-11-30
Cash & Equivalents 20,029.00 12,078.00 10,644.00 9,525.00
Short Term Investments - - - -
Cash and Short Term Investments 20,029.00 12,078.00 10,644.00 9,525.00
Accounts Receivable – Trade, Net 40,627.00 25,919.00 20,341.00 16,641.00
Receivables – Other - - - -
Total Receivables, Net 43,277.00 27,971.00 21,643.00 18,763.00
Total Inventory - - - -
Prepaid Expenses - - - -
Other Current Assets, Total - - - -
Total Current Assets - - - -
Property/Plant/Equipment, Total – Gross 6,299.00 5,194.00 4,333.00 4,175.00
Accumulated Depreciation, Total -2,438.00 -1,925.00 -1,448.00 -1,187.00
Goodwill, Net 3,137.00 2,417.00 2,270.00 3,284.00
Intangibles, Net 990.00 945.00 986.00 -
Long Term Investments 614,363.00 451,752.00 367,077.00 319,046.00
Other Long Term Assets, Total - - - -
Total Assets 691,063.00 503,545.00 410,063.00 357,168.00
Accounts Payable 64,307.00 43,912.00 34,013.00 39,529.00
Accrued Expenses 16,039.00 14,697.00 10,962.00 10,611.00
Notes Payable/Short Term Debt 18,024.00 16,596.00 11,938.00 13,845.00
Current Port. of LT Debt/Capital Leases 16,801.00 12,878.00 8,410.00 -
Other Current liabilities, Total - - - -
Total Current Liabilities - - - -
Long Term Debt 123,150.00 81,178.00 53,899.00 56,486.00
Capital Lease Obligations - - - -
Total Long Term Debt 123,150.00 81,178.00 53,899.00 56,486.00
Total Debt 157,975.00 110,652.00 74,247.00 70,331.00
Deferred Income Tax - - - -
Minority Interest - - - -
Other Liabilities, Total 430,252.00 315,093.00 274,047.00 221,777.00
Total Liabilities 668,573.00 484,354.00 393,269.00 342,248.00
Redeemable Preferred Stock, Total - - - 0.00
Preferred Stock – Non Redeemable, Net 1,095.00 1,095.00 1,095.00 1,345.00
Common Stock, Total 61.00 61.00 61.00 30.00
Additional Paid-In Capital 9,733.00 8,727.00 6,283.00 5,865.00
Retained Earnings (Accumulated Deficit) 19,698.00 15,857.00 12,198.00 9,240.00
Treasury Stock – Common -5,524.00 -4,822.00 -3,592.00 -2,282.00
Other Equity, Total -2,573.00 -1,727.00 749.00 722.00
Total Equity 22,490.00 19,191.00 16,794.00 14,920.00
Total Liabilities & Shareholders’ Equity 691,063.00 503,545.00 410,063.00 357,168.00
Shares Outs – Common Stock Primary Issue - - - -
Total Common Shares Outstanding 531.89 533.37 542.87 548.32

Financial Statements provided by Thomson Reuters and retrieved from Google Finance on 6 November 2010 (Thomson Reuters).

Exhibit 5 Lehman Brothers Holdings Inc. Cash Flow Quarterly Data[14][15]

In Millions of USD (except for per share items) 6 months ending 2008-05-31 3 months ending 2008-02-29 12 months ending 2007-11-30 9 months ending 2007-08-31
Net Income/Starting Line -2,285.00 489.00 4,192.00 3,306.00
Depreciation/Depletion 325.00 160.00 577.00 427.00
Amortization - - - -
Deferred Taxes - - 418.00 -
Non-Cash Items 809.00 383.00 1,677.00 832.00
Changes in Working Capital -16,748.00 -11,670.00 -52,459.00 -46,957.00
Cash from Operating Activities -17,899.00 -10,638.00 -45,595.00 -42,392.00
Capital Expenditures -487.00 -239.00 -966.00 -697.00
Other Investing Cash Flow Items, Total -91.00 -82.00 -732.00 -893.00
Cash from Investing Activities -578.00 -321.00 -1,698.00 -1,590.00
Financing Cash Flow Items -338.00 -860.00 7,744.00 3,273.00
Total Cash Dividends Paid -334.00 -130.00 -418.00 -314.00
Issuance (Retirement) of Stock, Net 5,301.00 1,269.00 -2,162.00 -2,248.00
Issuance (Retirement) of Debt, Net 13,075.00 10,958.00 43,428.00 44,332.00
Cash from Financing Activities 17,704.00 11,237.00 48,592.00 45,043.00
Foreign Exchange Effects - - - -
Net Change in Cash -773.00 278.00 1,299.00 1,061.00
Cash Interest Paid, Supplemental 15,194.00 8,987.00 39,454.00 29,428.00
Cash Taxes Paid, Supplemental 499.00 337.00 1,476.00 939.00

Financial Statements provided by Thomson Reuters and retrieved from Google Finance on 6 November 2010 (Thomson Reuters).

Exhibit 6 Lehman Brothers Holdings Inc. Cash Flow Annual Data[16]

In Millions of USD (except for per share items) 12 months ending 2007-11-30 12 months ending 2006-11-30 12 months ending 2005-11-30 12 months ending 2004-11-30
Net Income/Starting Line 4,192.00 4,007.00 3,260.00 2,369.00
Depreciation/Depletion 577.00 514.00 426.00 428.00
Amortization - - - -
Deferred Taxes 418.00 -60.00 -502.00 -74.00
Non-Cash Items 1,677.00 1,662.00 2,233.00 1,372.00
Changes in Working Capital -52,459.00 -42,499.00 -17,622.00 -17,665.00
Cash from Operating Activities -45,595.00 -36,376.00 -12,205.00 -13,570.00
Capital Expenditures -966.00 -586.00 -409.00 -401.00
Other Investing Cash Flow Items, Total -732.00 -206.00 -38.00 -130.00
Cash from Investing Activities -1,698.00 -792.00 -447.00 -531.00
Financing Cash Flow Items 7,744.00 7,340.00 4,857.00 2,420.00
Total Cash Dividends Paid -418.00 -342.00 -302.00 -258.00
Issuance (Retirement) of Stock, Net -2,162.00 -2,041.00 -1,999.00 -734.00
Issuance (Retirement) of Debt, Net 43,428.00 33,298.00 9,556.00 10,191.00
Cash from Financing Activities 48,592.00 38,255.00 12,112.00 11,619.00
Foreign Exchange Effects - - - -
Net Change in Cash 1,299.00 1,087.00 -540.00 -2,482.00
Cash Interest Paid, Supplemental 39,454.00 28,684.00 17,893.00 9,534.00
Cash Taxes Paid, Supplemental 1,476.00 1,037.00 789.00 638.00

Financial Statements provided by Thomson Reuters and retrieved from Google Finance on 6 November 2010 (Thomson Reuters).

Exhibit 7 Lehman Brothers Holdings Inc. Share Price

Data retrieved from Reuters on 7 November 2010 (Reuters). Long-term MACD had parameters 12, 26, and 9 (months) for fast, slow, and smoothing moving averages, while RSI used 14 (months) as the timeframe. It is not difficult to tell that by 2008, right after Lehman Brothers had generated record-level profit of $4 bn, the upward channel was already broken and indices showed signs of drop.

Exhibit 8 Features and Benefits of mySAP ERP

Features Benefits
Financials
  • Helps you monitor all financial accounting transactions in real time for information that is more accurate and timely
  • Offers extensive corporate governance support, including Sarbanes-Oxley compliance and transparent financial reporting, reducing the risk of noncompliance
  • Enables fast closing procedures
  • Simplifies the processing of incoming and outgoing payments for improved cash flow
  • Combines planning, reporting, and analysis of competitive measures in one process to provide a more informed business analysis
  • Provides tools for measuring and optimizing the performance of important tasks for increased productivity
Human capital management
  • Provides an extensive range of services and tools for effective HR management – including employee-transaction management, employee life-cycle management, recruiting, training, employee relationship management, employee self-service, and human capital management analytics – for improved staff productivity and retention
Analytics
  • Delivers analyses and evaluations for planning and controlling company activities in order to improve performance
  • Supports decision making with simulations, for improved responsiveness to change
  • Helps management recognize and capitalize on opportunities to create value in daily business
Operations
  • Strengthens the logistical capability in handling bank notes, precious metals, and non-banking-specific goods and services for a more efficient, streamlined business
  • Forms the basis for cross-organization enhancement of business processes and collaboration with vendors, customers, and other partners for improved use of assets
Corporate services
  • Supports centralized and decentralized organizational services for managing areas such as real estate, travel, incentives and commissions, and environment, health, and safety in order to reduce costs and optimize sales performance
Self-services
  • Provides managers and employees with immediate and personalized access to corporate services in order to reduce time and effort
SAP NetWeaver®
  • Delivers a uniform technical architecture and solution platform with improved flexibility to meet future needs
  • Integrates users, information, processes, and applications for higher productivity
  • Supports portal technology, business intelligence, knowledge management, and mobile technologies that save time and reduce costs
  • Enables the best possible use of existing IT investments to minimize total cost of ownership

Source: Enterprise Resource Planning for Banks: mySAP™ ERP Within the Banking Industry (SAP AG, 2005)

Exhibit 9 Lehman Brothers Holdings Inc. Financial Outlook

Source: Lehman Brothers 2007 Annual Report (Lehman Brothers Holdings Inc., 2008)

Exhibit 10 Lehman Brothers Holdings Inc. Business Segments

Source: Lehman Brothers 2007 Annual Report (Lehman Brothers Holdings Inc., 2008)


[1] There are indeed many case studies on the bankruptcy of Lehman Brothers; this one, however, focuses on the potentials of enterprise resource planning so as to provide a different perspective in understanding the mechanism behind Lehman Brothers’ demise and, hopefully, in avoiding similar misfortunes in the future.

[2] A mutual fund is a professionally managed type of collective investment scheme that pools money from many investors and invests typically in investment securities (Mutual Fund).

[3] A hedge fund is a lightly regulated investment fund that is typically open to a limited range of investors who pay a performance fee to the fund’s investment manager (Hedge Fund).

[4] A Chinese wall, or firewall, is an information barrier implemented within a firm to separate and isolate persons who make investment decisions from persons who are privy to undisclosed material information which may influence those decisions (Chinese Wall).

[5] A credit default swap (CDS) is a swap contract and agreement in which the protection buyer of the CDS makes a series of payments to the protection seller and, in exchange, receives a payoff if a credit instrument experiences a credit event (Credit Default Swap).

[6] Write-down is the downward revision of the book value of an asset to reflect its current market value that has dropped below the book value (BusinessDictionary.com).

[7] Prior to 2007-08 subprime mortgage crisis, the Bulge Bracket firms on Wall Street were, alphabetically: Citigroup, Credit Suisse, Deutsche Bank, Goldman Sachs, JP Morgan Chase, Lehman Brothers, Merrill Lynch, Morgan Stanley, and UBS (Bulge Bracket).

[8] An Alt-A mortgage, short for Alternative A-paper, is a type of US mortgage that is considered riskier than A-paper but less risky than subprime (Alt-A).

[9] Henry M Paulson, 74th United States Secretary of the Treasury, former Chairman and CEO of Goldman Sachs (Henry Paulson)

[10] EPS stands for ‘earnings per share’ (US Securities and Exchange Commision, 2007).

[11] Lehman Brothers Holdings Inc. filed for Chapter 11 bankruptcy protection before the third quarter ended. The number nought suggests only such data was absent.

[12] The following formula summarises what a balance sheet shows:

[13] The following formula summarises what a balance sheet shows:

[14] Lehman Brothers Holdings Inc. filed for Chapter 11 bankruptcy protection before the third quarter ended. The number nought only suggests such data was absent.

[15] Cash flow statements are generally divided into three main parts: operating activities analyses a company’s cash flow from net income or losses; investing activities shows the cash flow from all investing activities, which generally include purchases or sales of long-term assets as well as investment securities; and financing activities shows the cash flow from all financing activities (US Securities and Exchange Commision, 2007). Unlike industries, it is common for investment banks to have near-zero investing activities.

[16] Data for 2003 was absent; this does not suggest Lehman Brothers Holdings Inc. had no cash flow.

ME 1000 CASE STUDY – Google Books

ME 1000 Case Study

Google Books

Based on topic one Business & Society

Presented by

Jiulin Teng                   0736101559    850422-xxxx   6180340@gmail.com
Oliverio Velázquez   0764099298    870206-xxxx  darkcaoz@gmail.com
Saad Bin Shams           0762653158    820903-xxxx  saadbs@kth.se
Marie Touveneau      0706985658    860627-xxxx  marietou@kth.se

Table of Contents

THE GOOGLE BOOKS PROJECT……………………………………………………………………… 1
Main Objective………………………………………………………………………………………….. 1
Three Different Types of Books…………………………………………………………………….. 2
What Is Shown in Each Case?……………………………………………………………………….. 2
LEGAL CONCERNS……………………………………………………………………………………… 2
Copyright Infringement………………………………………………………………………………. 3
Snippet………………………………………………………………………………………………….. .. 3
Fair Use……………………………………………………………………………………………………. 3
Copyright…………………………………………………………………………………………………. 3
PUBLIC REACTION…………………………………………………………………………………….. 4
GOOGLE BOOKS SETTLEMENT……………………………………………………………………… 5
BIBLIOGRAPHY………………………………………………………………………………………… 6

The Google Books Project

(Marie Touveneau, edited by Jiulin Teng)

For the last five years, Google has been digitizing millions of books from the collections of major research libraries such as those in Stanford, Harvard, and University of Michigan and making the text searchable online. This project is known as Google Books Project.

Main Objective

Its goal is to open up the collections of these universities’, making them available to readers everywhere. This project contributes in promoting access to information. Google Books Search provides:

  • More access to out-of-print and hard-to-find books
  • Additional ways to purchase copyrighted books and materials
  • Easier for educational organizations to subscribe entire collections
  • Free access from US libraries
  • Compensation and control for authors and publishers.

The University of Virginia library has long been a pioneer in digitizing public domain works so they can be available online. This project will continue their original aim to digitally preserve hundreds of thousands of texts from the university’s collections. Many of these materials are out of print and hard to find. The goal of these endeavors is to connect people with materials and keep them preserved and accessible. Besides, Google pays for the cost of digitization.

Under certain conditions, participating libraries will be able to use the digitized copies of their books to create replacements for books that have been damaged or lost; Google will engineer the texts in ways to help readers with disabilities. Google will gain a huge revenue stream by selling discreet advertising space attached to the service Google Books Search; selling ads on its search engine is how Google makes 99% of its revenue.

Three Different Types of Books

6% of the 18 million books Google had digitized are works in the public domain, 75% are copyright but out-of-print, and 9% are copyright and in-print. Once a work enters the public domain, it can be published by anyone in any form; hence, Google need not worry about them. The difficulty comes with the two other types. The aim of copyright is to ensure the proprietary of the author or publisher over a book; nobody else can sell or print it without the agreement of the owner. However, copyright lasts only for a while; any book will enter the public domain sooner or later. According to the Sonny Bono Copyright Term Extension Act of 1998, copyright extends as long as the life of the author plus seventy years.

What Is Shown in Each Case?

Google provides full text searching of books in the public domain and make them available on the Internet for reading, downloading, and printing at no cost to the viewer. Still, readers will not be able to print out any copyrighted text without paying a fee to the copyright holders. For books that may be covered by copyright law but where the owner has not been identified, only ‘snippets’ (2 to 3 lines of text) are shown, though the full text of the book is searchable. Most of the books digitized by Google are copyrighted out-of-print books. Colleges, universities, and other organizations will get access to these books by paying an ‘institutional license’. A ‘public access license’ will make these materials available to public libraries, to whom Google will provide free viewing of those digitized books on its computer terminals. Individuals also will be able to access and print out digitized versions of these books by purchasing a ‘consumer license’ from Google. 63% of the revenue from subscription fees will be distributed to copyright holders through an independent non-profit Book Right Registry; Google will retain 37%. Only the Registry, acting for the copyright holders, has the power to force a change in the subscription prices charged by Google.

Many of the copyright, in-print books will not be available in the data bank unless the copyright owners opt in. They will continue to be sold in the old-fashioned way as printed books. However, some in-print books will be available on Google Books website. Google limits the number of viewable pages through a variety of access limitations and security measures, sometimes based on user-tracking. If the user wants to read more but finds the price of online access too expensive, links to the publisher’s website, booksellers, and a list of libraries that have the book can be found on the side of the page.

Legal Concerns

(Saad Bin Shams, edited by Jiulin Teng)

Google Books project from Google Inc. has been criticized since its debut by the accredited industry publishers, authors, and libraries. From this project, Google wants to bring the tremendous amount of information in the books, by digitally scanning it, to its platform accessible online, thus making information search for the readers more efficient and valuable.

Copyright Infringement

A group of plaintiffs who filed the lawsuit against Google Inc. on its project of Google Books say, ‘By reproducing for itself a copy of those works that are not in public domain (“the Works”), Google is engaging in massive copyright infringement. It has infringed and continues to infringe, the electronic rights of the copyright holders of those works.’ (NewYork)

Plaintiffs’ argument is that digitizing the content by Google without the permission of its authors infringed their copyrights. On the other hand, Google defended its actions, ‘It would make “brief excerpts” of copyrighted material available but that its use of these works would comport with copyright law.’ (NewYork)

In addition, Google argues, ‘the digitization of the books and display of snippets, or a few lines, of the books is permitted under the U.S. copyright law’s doctrine of “fair use.”’ (NewYork)

Snippet

The literal meaning of ‘Snippet’ is a small piece of something or a fragment. In Google Books project, ‘Snippet’ or ‘Snippet View’ is termed as a card catalogue which shows the search result in the form of few sentences from the book and the meta-information of the book such as the author, publisher, and print, etc.

Fair Use

Google has defended its project under the US copyright law of ‘fair use’. This term adds limitations to the exclusive copyright laws under certain conditions. From section 107 of title 17, United States Code, the limitations on exclusive rights (Fair use) are stated as,

Notwithstanding the provisions of sections 106 and 106a, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include

  • the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes;
  • the nature of the copyrighted work;
  • the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  • the effect of the use upon the potential market for or value of the copyrighted work.

Adhering to the above conditions, Google states that its project is non-profit, that it does not publish the whole copyrighted material (only snippet), and that it allows the users to buy it from its original author.

Copyright

The term ‘copyright’ or ‘copyrighted’ is used for the creators’ work which is protected and regulated by laws (either local or international). According to section 106 of title 17, United States Code, exclusive rights in copyrighted works are governed as,

The owner of copyright has the exclusive rights (Office),

  • to reproduce the copyrighted work in copies or phonorecords;
  • to prepare derivative works based upon the copyrighted work;
  • to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership,or by rental, lease, or lending;
  • in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
  • in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and
  • in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

If anyone (person(s) or a company) violates the above copyright laws will infringe the act and will be permissible for court action.

Types of Books

As also stated by Marie, there are three different categories of books in Google Books,

  • In-copyright and In-print: The books that are copyrighted and are currently being printed as well.
  • In-copyright and out-of-print: The books that are copyrighted but their selling or printing has stopped.
  • Out-of-copyright: the books without copyright.

Now, this project has allowed the author and publishers to earn money again after their work is being digitized by them. In other words, Google has un-earthed the work which is not being printed or sold in the market. This has opened a tremendous opportunity for authors to earn money.

Public Reaction

(Jiulin Teng)

To any pair of critical eyes, the idea of making published materials digitally available inevitably engenders wariness, scepticism, and various degrees of abhorrence; a closer scrutiny of Google Books, nevertheless, unveils certain multitude and, potentially, profoundness that may reach beyond the wisdom of such inaptitude.

Granted, similar to other digital-distributors, Google Books innately suffer from certain weaknesses. The first originates from the availability of information and means of exchanging it: simply put, the openness of the current information technology network, which will expectedly keep widening, has rendered the distribution, management, and regulation of published materials made digitally available effectively unsatisfactory. The other roots from the auditing, viz. the management and, especially, the regulation of digital-distributors: understandably, the nature of their distribution platform has predicted the abuse of copyrights, book-keeping, and eventually partnership agreements. These alongside other foreseeable and unforeseeable loopholes well legitimise the worries coming from copyright-holders, investors, and the general public against online distributors such as Google Books.

However, certain characteristics it exhibits have endowed Google Books unique strengths. First, the accessibility of digitally-distributed materials is considerably higher, which in its turn help such materials reach beyond their traditional audiences. Secondly, the searching of indexed materials is faster by several orders of magnitude, making the accessibility of these materials more valuable. Thirdly, the preview feature of Google Books’ reasonably piques up the interest of potential consumers’, whose actual purchase in its turn generates tangible profits. Fourthly, digitally-stored information can easily be transferred and backed up; hence, the preservation of materials, esp. those facing imminent loss is better secured. Fifthly, digital distribution is the most environment-friendly means, as all transactions are carried out with minimum footprint. Sixthly, the public reading habit forced by contemporary lifestyle favours intermittent, non-linear, and multilevel access to information, the characteristic of which is shared by digital distribution of published materials.

Meanwhile, Google Books is especially unparalleled in its advantage of seamless integration to other Google services. First, part of the indices can be reached by Google Search, the use of which within the United States alone had reached over 90 million per day in 2006. Secondly, linguistic barriers are partly bridged by the integration with Google Translate, which supports fifty-seven languages and boasts language detection capability. Thirdly, Google Scholars, Google News, and Google Shopping, etc. have created a new niche for the utilisation of published materials; this, given proper administration and cooperation, can both benefit the society and ensure the well-being of almost every participant in this joint venture. Finally, the multi-directional nature of information technology networks has already actualised multi-directional generation of information, i.e. the interactivity between different parties has enabled the genesis of more readily comprehensible and applicable interpretations of such information, thus blurring the boundary between these parties.

Apart from its stand-alone operations, Google Books also takes part in the indexing and exchange between general dissemination libraries. In the science society, the lasting segregation between different databases is becoming a history, thanks to the contributions made by Google Books, as its single search engine has entitled the user almost every means of query to almost every supported database. The close cooperation between Google and some of the information providers has also simplified the access to subscriptions. Outside the science society, commercialisation of published materials has not always been benefitting from such service as Google provides; nonetheless, the existence of Google Books has offered contemporary readers more options to select the information they need, and in the long run it will help stimulate further improvements in these materials.

Therefore, despite their well-justified uncertainties, the general public are facing unprecedented opportunity in harnessing available information facilitated by the introduction of services such as Google Books. Dangers and setbacks potentially exist, but an open mind is needed to appreciate this inevitable trend.

Google Books Settlement

(Oliverio Velázquez, edited by Jiulin Teng)

The long-lasted conflict between Google and the publishing industry (the Authors Guild and the Association of American Publishers in the USA) seemed to come to an end in the fall of 2008 when they reached a settlement (Google Books Settlement), where Google agreed to pay part of the revenues from the Google Books project to the publishers and right-holders. Such settlement was later amended and accepted by the US court, putting an end to this struggle. The future of the project seemed brighter than ever, allowing for the authors and publishers to ‘make up’ for the losses incurred by the project and for the public to access millions of documents. Hence, the market of books was to be revolutionized as most of the known literature would be made reachable to everyone, thus creating new opportunities for the vulgarization and on-line selling of literature and scientific works. As seen in the course this enterprise was innovation at its pure form, generating new markets where the books could even be compared with each other as well as providing a new infrastructure where the public would be able to find / choose a suitable book according to their needs and buy it from outside resellers. Nevertheless several facts and unanswered questions indicate that this story is not quite ‘finally over’. Several points remain unclear, and new entities have entered the field with its own motivations, objectives and questions.

First, since this case didn’t make it to the court, the settlement reached between Google and the publishing industry never answered fundamental points such as ‘fair use’. Is the approach of Google Books protected by the principles of fair use or not? Such a question will remain unanswered as the settlement does not need it, as binding agreements such as contracts or license agreements may take precedence over fair use rights (Wall Data v. Los Angeles County Sheriff’s Dept.). However, this point is crucial when it comes to ‘trust’: How much will the public and several partners be able to trust the project so long as this fundamental question remains unanswered? If the use of texts and publications is not considered as ‘fair’, wouldn’t the society be committing a mistake by using and supporting the project? Of course, as long as an agreement is reached, publishers and authors cannot complain since they accept said agreement, but it does not change the fact that an important point has been avoided, thus creating a breach between the supporters of the project.

Besides, even though Google Books project offers free access to public works, it is not the case when it comes to university texts. In order for the public to access this content they will have to subscribe to a license. This will be the case for libraries whose sole purpose is to diffuse knowledge. For this product, Google plans on selling access to the copyrighted out-of-print texts to the university and public libraries which will make it available to the public. Nevertheless, as expressed in the “Google and the future of the books” article, the library access rights will be sold by Google to institutional entities who have rarely influenced the prices of the professional journals (Darnton). Several different organizations have risen against this idea, temporarily or definitely cancelling their partnership with Google and choosing to digitize their texts on their own (The National Library of France and Google Books Affair).

Last but not least, in this particular case, the settlement which allows Google to create the biggest virtual library ever puts a real threat to the free market conventions of the newly-born virtual book market. Indeed, this affair being settled outside the court, it does not state as precedent for any other similar enterprises who will have to walk down the same path again, hoping to gain the unavoidable law suits coming from the authors and publishers organizations and to reach a similar settlement as Google’s. In any case, assuming another private organization could afford the costs of digitization as well as those of the myriad of lawyers needed to reach an end, the affair could last for at least two years, giving Google an unfair advantage over its potential adversaries, thus creating a virtual monopole over the book research market. Several organizations like Internet Archive and Amazon have begun to stand against this giant of the advertisement. The case has arrived to the Federal District Court which has opened an investigation over whether or not Google violated the antitrust law.

As we can see, the Google Books affair is far from over since it touches several different crucial parts of the society: economy, culture, and technology. It defies the commonly established distributing enterprises and offers an open access to several human creations at the same time without disregard for its own profit (which is based mainly on advertisement). It is meant to enable exchange between people, but at the same time, all the exchange system will be held by a sole private organization. It is controversial and almost contradictory, but only the future will tell if the Google Books Project was meant to be a gigantic source of knowledge or an enormous mistake.

Bibliography

Darnton, Robert. “Google and the Future of Books.” The New York Review of Book (2009).
Google Books Settlement. 2008. <http://www.googlebooksettlement.com/>.
NewYork, US District Court. “Complaint against Google Inc.” http://bna.com. <http://pub.bna.com/eclr/05cv8136comp.pdf>.
Office, United State Copyright. “United State Copyright Office.” Copyright.gov. <http://www.copyright.gov/circs/circ21.pdf>.
The National Library of France and Google Books Affair.
Wall Data v. Los Angeles County Sheriff’s Dept. 9th Cir. 17 May 2006.

Case Study For ME1000, Industrial Management, on Google Books

Case Study For ME1000, Industrial Management, on Google Books

To any pair of critical eyes, the idea of making published materials digitally available inevitably engenders wariness, scepticism, and various degrees of abhorrence; a closer scrutiny of Google Books, nevertheless, unveils certain multitude and, potentially, profoundness that may reach beyond the wisdom of such inaptitude.

Granted, similar to other digital-distributors, Google Books innately suffer from certain weaknesses. The first originates from the availability of information and means of exchanging it: simply put, the openness of the current information technology network, which will expectedly keep widening, has rendered the distribution, management, and regulation of published materials made digitally available effectively unsatisfactory. The other roots from the auditing, viz. the management and, especially, the regulation of digital-distributors: understandably, the nature of their distribution platform has predicted the abuse of copyrights, book-keeping, and eventually partnership agreements. These alongside other foreseeable and unforeseeable loopholes well legitimise the worries coming from copyright-holders, investors, and the general public against online distributors such as Google Books.

However, certain characteristics it exhibits have endowed Google Books unique strengths. First, the accessibility of digitally-distributed materials is considerably higher, which in its turn help such materials reach beyond their traditional audiences. Secondly, the searching of indexed materials is faster by several orders of magnitude, making the accessibility of these materials more valuable. Thirdly, the preview feature of Google Books’ reasonably piques up the interest of potential consumers’, whose actual purchase in its turn generates tangible profits. Fourthly, digitally-stored information can easily be transferred and backed up; hence, the preservation of materials, esp. those facing imminent loss is better secured. Fifthly, digital distribution is the most environment-friendly means, as all transactions are carried out with minimum footprint. Sixthly, the public reading habit forced by contemporary lifestyle favours intermittent, non-linear, and multilevel access to information, the characteristic of which is shared by digital distribution of published materials.

Meanwhile, Google Books is especially unparalleled in its advantage of seamless integration to other Google services. First, part of the indices can be reached by Google Search, the use of which within the United States alone had reached over 90 million per day in 2006. Secondly, linguistic barriers are partly bridged by the integration with Google Translate, which supports fifty-seven languages and boasts language detection capability. Thirdly, Google Scholars, Google News, and Google Shopping, etc. have created a new niche for the utilisation of published materials; this, given proper administration and cooperation, can both benefit the society and ensure the well-being of almost every participant in this joint venture. Finally, the multi-directional nature of information technology networks has already actualised multi-directional generation of information, i.e. the interactivity between different parties has enabled the genesis of more readily comprehensible and applicable interpretations of such information, thus blurring the boundary between these parties.

Apart from its stand-alone operations, Google Books also takes part in the indexing and exchange between general dissemination libraries. In the science society, the lasting segregation between different databases is becoming a history, thanks to the contributions made by Google Books, as its single search engine has entitled the user almost every means of query to almost every supported database. The close cooperation between Google and some of the information providers has also simplified the access to subscriptions. Outside the science society, commercialisation of published materials has not always been benefitting from such service as Google provides; nonetheless, the existence of Google Books has offered contemporary readers more options to select the information they need, and in the long run it will help stimulate further improvements in these materials.

Therefore, despite their well-justified uncertainties, the general public are facing unprecedented opportunity in harnessing available information facilitated by the introduction of services such as Google Books. Dangers and setbacks potentially exist, but an open mind is needed to appreciate this inevitable trend.

Jiulin Teng
Friday, 24 September 2010

My Final Assignment with Negotiations: 2010 European Sovereign Debt Crisis Analysis

Assignment 5[1][2]

For this assignment, I shall discuss about the negotiation on the rescue plan to salvage Greek economy alongside euro in the European Union and the euro-zone in particular.

Background

In early 2010 fears of a sovereign debt crisis developed concerning several European Union (EU) and euro-zone member states, viz. PIIGS, i.e. Portugal, Italy, Ireland, Greece, and Spain (PIGS). This led to a crisis of confidence as well as the widening of bond yield spreads and risk insurance on credit default swaps (CDS) between these countries and other euro-zone members, most importantly Germany.

Concern about rising government deficits and debt levels across the globe together with a wave of downgrading of European Government debt has created alarm on financial markets. The debt crisis has been mostly centred on recent events in Greece, where there is concern about the rising cost of financing government debt. On 2 May, the euro-zone countries and the International Monetary Fund (IMF) agreed to a €110 bn loan for Greece, conditional on the implementation of harsh Greek austerity (2010 European sovereign debt crisis).

Situation

Stakeholders

The major stakeholders in this negotiation are mostly the Greek government (GG), the European Central Bank alongside other euro-zone member states (ECB), and International Monetary Fund (IMF).

Positions

The positions of these stakeholders can be divided functionally into two sides: GG requests for financial aid and concedes conditionally with austerity; ECB and IMF requests that GG conceded with austerity and concedes conditionally with the provision of financial aids. The actual positions taken concerns the size of the ‘bailout’ fund and the degree of austerity taken by GG: GG wants immediate injection of over €30 bn and further €40 bn for each of the two years to come to ‘guarantee’ the security of its government bonds but is unwilling to enforce high degrees of austerity as it would hinder the long-term viability of Greek economy; ECB and IMF are not so hard on the amount of money but the promise from GG that it can contain its sovereign debt crisis without spreading fears and risks beyond its bounders, which translates to more severe austerity measures. (2010 European sovereign debt crisis)

Interests

Having said that, one must not confuse the ‘coalition’ of ECB and IMF with common interest (Bazerman & Moore, 1994). It is well-known that being a political entity, EU is nonetheless not one state but twenty-seven, all of which run on their own agendas and have opted into the union for their individual economic and political benefits.

(a) Since euro was launched in 1999, almost every member state has violated the euro convergence criteria (Maastricht criteria), especially annual government deficit and government debt (Euro convergence criteria). The interest of GG is to get over this crisis as smoothly as possible without making too much promise; further, due to domestic unrests against the austerity measures, GG would be glad to received financial aid without new cuts in spending and raises in tax; meanwhile, by 19 May GG will face a debt roll over of $11.3 bn, which means it cannot afford prolonged negotiation – at least an initial agreement that can cover this $11.3 bn must be reached or GG would be forced to default.

(b) ECB and euro-zone member states, esp. Germany, at the same moment, face a dangerous and potentially devastating dilemma: on the one hand, paying GG cannot be treated as insurance premium; such financial aid merely decreases the chance of immediate default of Greek government debts’ but can potentially make GG more dependent on other euro-zone member states, esp. Germany, as it may create an escalation of commitment, i.e. there will be too much invested to quit; on the other hand, not paying GG almost guarantees default, which will effectively remove Greece from the euro-zone, and which may thus lead to subsequent removals of Spain and Portugal, to say the least, that can eventually be translated to the implosion of Euro and, most likely, EU. As aforementioned, although ECB has to balance its own sheet, it has far less concern about the amount of money to put in than the security that can be foreseen.

(c) IMF, being the international organization that oversees the global financial system by following the macroeconomic policies of its member countries, in particular those with an impact on exchange rate and the balance of payments (International Monetary Fund), together with World Bank and World Trade Organization (WTO) are effectively government agencies of the United States of America’s (USA). To say the least, IMF has far less concerns about the vista of euro-zone economy; nevertheless, as USA would not enjoy another round of global recession, temporarily ensuring government debt security across the Atlantic Ocean seems to be a good idea. Note that periodical recessions actually are a good thing for USA, and a strong Euro can only threaten the status quo, which, after the introduction of the Bretton Woods system, and the downfall of Soviet Union in particular, has been effectively keeping USA in the position of the single superpower (Bretton Woods system). In short, IMF’s interest can be best described as avoiding immediate default of GG’s and bouncing back of major share markets, esp. NYSE and Nasdaq.

BATNAs

There is indeed an undercurrent throughout EU, esp. euro-zone member states (Germans want Greece out of euro zone, 2010), including Greece that wants GG to opt out of euro-zone and, as some proclaimed, EU. This has different effects on negotiation alternatives of different stakeholders’:

(a) Within Greece riots have been turning up since GG’s procedural increment in austerity measures that essentially delays retirement, cuts salaries, bonuses, and pensions, and raises taxes. Taking a glance at all the countries that have enforced strict austerities following the demands of IMF’s, one can easily find that the outlook of Greek economy after accepting this round of financial aid is miserable at best. Meanwhile, if GG opts out of euro-zone, there is a possibility to inflate its own currency so as to essentially reduce its burden in repaying these debts, most of which externally held (2010 European sovereign debt crisis). Therefore, the best alternative for GG is to opt out of euro-zone and face short-term repercussions that may range from eviction from EU to credit dismal but which also benefits possible long-term sustainability of Greek economy.

(b) A little review to the history tells us that both EU and Euro are German creations, with the latter as the reaction to the American ending of the gold standard. Germans did not want to include Italian in their monetary union, let alone Spaniards, Portuguese, and Greeks; therefore, although short-term risks of the tumbling of the union exists, the prospect to evict ‘PIIGS’ from the euro-zone is tempting indeed (How Belgian debt, Italian anarchy and Greek profligacy lead to economic chaos in Europe). If it were not for the danger of the spreading of the ‘dismembering effect’, ECB would have no initiative to finance GG at all. Actually, this is also why Germans had been reluctant to carry out any ‘bailout’ plan. If an agreement could not be reached, ECB and essential euro-zone member states (Germany in particular) would take the risk in the hope that EU and euro-zone could withstand the impacts of the Greek eviction.

(c) Again, as the representative of USA, IMF does not worry about the subsistence of either EU or the euro-zone; as a matter of fact, conspiracy theorists believe that the implosion of EU could potentially benefit USA in the long run. However, with the current economic situation, another round of recession is the last thing IMF would want; besides, austerity measures carried out as the condition to financial aid can weaken EU’s competitiveness while ensuring, to a degree, immediate safety. For IMF, there is hardly any alternative; with money being a non-issue, it is only the degree of austerity that interests IMF.

ZOPAs

Looking at the positions stakeholders bear may lead to underestimation of the complexity of the situation: it seems that the zone of possible agreement does not only exist but also have the property of being clear. Indeed, ECB / IMF financial aid conditional on GG’s strict austerity measures has been granted yesterday (EU to Set Up Fund to Prevent Spread of Greek Crisis, 2010). Having said that, a further scrutiny into the interests of the different stakeholders unveils much potential danger of impasse, should any party fail to comply with the near-outrageous requests of others’. The problem of this negotiation is that without integration of other issues, there is virtually nothing to trade: GG needs money but does not want further, stricter austerity; ECB is reluctant to give the money but is averse of the risk of GG’s default; and IMF needs to ensure the relative health of the global financial market in the years to come. Of course, there are integrative negotiation possibilities; I shall discuss it in the second section.

Type

Finally, as regards the type of the situation, it is more complicated and rests between a two-party and a multi-party negotiation: on the one hand, ECB and IMF share more or less the same position in opposition of GG – strict austerity must be accompanied by the promise as well as viable plans to prevent the further spreading of negative impacts of this sovereign debt crisis; on the other hand, ECB and IMF have distinct interests regarding the subsistence of EU and Euro – a strong union favours ECB but not IMF. Recognizing this difference can give GG certain opportunities to integrative negotiation; meanwhile, it can potentially lead to impasse.

Complication

The situation is rather complicated but, at least as of now, appears to have little chance of impasse; this is not due to successful transformation of the negotiation into an integrative one by the stakeholders but the European mentality, or inertia, against drastic changes. Still, potential risks of impasse exist for the following reasons:

First, since the financial aid is view by ECB and IMF as a loss situation, it is generally common for them to be risk-seeking; however, as a loose coalition in terms of this bailout package, the fact that the decision is made with consideration of the other party gives rise to a cautious shift. That is, if only one of them were involved the risk-seeking behaviour would facilitate the spending on the financial aid, but as both are negotiating with a third party, GG, the effect of the S-shaped, hypothetical function gets weakened, making non-agreement more likely. The same effect applies within euro-zone member states, particularly between France and Germany.

Secondly, on the specific terms of the bailout plan, there is danger that the stakeholders may reduce their possible outcomes by degrading the negotiation into bargaining along a stated dimension in a search for some middle ground, i.e. how much money is to be involved and how strict the austerity measures has to be. This gives rise to chances of impasse because the zone of potential agreement is greatly reduced; meanwhile, it introduces future risks that the agreement, though reached, will not be carried out in full just as the 3% deficit-to-GDP threshold (EU members’ debt forecasts raise brows, 2010).

Thirdly, one important prerequisite leading to mutually beneficial agreements in a negotiation setting is trust; in this case, however, the record of GG fabricating its economic data and paying off investment banks such as Goldman Sachs (2010 European sovereign debt crisis) has considerably lowered its credibility. One thing ECB and IMF concern the most is how to avoid another round of recession, but they may not feel confident with the mere verbal assurance by GG that a financial aid plan can go about achieving that; contrarily, they have every reason to believe that even should they give GG all the money it would still not get through this wave of crisis, or, if it ever managed to do so, GG would grow dependence on foreign aid.

Fourthly, negotiators should always create anchors that lead the opposition to a positive frame and negotiate in terms of what the other side has to gain; on the contrary, throughout Europe there is a widespread sentiment to blame Greece for the outlook of EU economy (Most Germans want Greece thrown out of euro, 2010); meanwhile, within Greece there is also a growing trend to point the finger at, for example, the fact that Euro limits GG’s ability to balance its sheet (Don’t blame the euro for Greece’s woes, 2010).

Fifthly, the finger-point and fist-waving mentioned above, due to their public nature, are likely to induce non-rational escalation of conflict, which would drastically reduce chances of agreement.

Sixthly, EU and euro-zone are made of several sovereignties; everyone has its own interest, and their respective proportions of equities in ECB are incomparable. This fact exposes EU to two distinct yet similarly devastating situations: for one thing, the decision to spend on Greece is harder to be unanimously agreed upon, especially when every euro-zone member state is technically in recession; for another, individual member states may assume unquestioning concurrence will result in good decision (‘group-think’) and therefore forfeit careful evaluation of the situation, leading to potential failures of the rescue plan even if it were to be passed (Bazerman & Moore, 1994).

Seventhly, ECB and IMF currently frame the rescue plan as ‘paying premium’; however, they are certainly not primary school pupils, and their ability to identify such ‘insurance’ as a ‘pseudo-certainty’ is beyond doubt. This means they may reconsider the possibility that the plan would be unsuccessful, in which case it would become a ‘sure loss’. Further, they have every reason to be afraid that once this sure loss would become reality, they would have no choice but to further escalate their commitment, since anchoring adjustment would be very difficult and their tendency to bet against the chances would bring themselves into a vicious cycle.

Lastly, EU is afraid that bailing out Greece would mean it has to bail out Portugal, Spain, and perhaps Ireland and Italy, just like how the US government had to bail out Citigroup and Bank of America (BoA) and many others once they decided to bail out American International Groups (AIG) (Troubled Asset Relief Program).

Potential Resolution

As expected, on Friday, 7 May 2010 ECB together with IMF passed an initial bailout plan worth €110 bn, with Germany, France, IMF, and other EU countries contributing 20%, 15%, 27%, and 38% respectively; further, today, Monday, 10 May 2010 news has come that EU has agreed upon emergency measures worth up to €500 bn to stop the Greek debt crisis from spilling over to other countries in the euro-zone. Separately, ECB also confirmed that it will for the first time buy both public and private sector debt within the euro-zone to protect the common currency. (EU Agrees EUR 500 Bln European Stability Package)

Conveniently, the law against ECB’s purchase of governmental debts has been defied, which reveals the major vulnerability of this plan and suggests alternatives that could have been carried out (and since they dare rewrite their playbook for their own convenience, who says history will not prove itself wise in the coming future?):

Alternative 1

First, one major mistake and potential black hole is ECB’s effective holding of massive government debts from countries ranging from Portugal and Greece to Ireland and Spain. Portugal in particular had decided to increase spending and aim at defaulting (Portugal opts to increase spending as debt woes linger, 2010). Apparently, this fashion of spending is not likely to solve any problem at all: it will only facilitate the ‘too-much-invested-to-quit’ mentality of non-rational escalation of commitment. Please note that ever since their adoption of Euro, PIIGS have been benefiting incessantly from low-interest loans for domestic development. Once upon a time Dublin had higher real estate prices than London due to the speed of its economic growth. During the same time period (2001-2009), China’s economy grew by almost 200%, USA 25%, and UK 12%, but Germany grew by hardly 5%, the lowest performance among all major nations in the world. Granted, the historical burden of Eastern Germany still had effects; the endless, mindless expansion of the euro-zone was the number one cause. From the viewpoint of Germany and France, why must they maintain a monetary union that only brings in problems, problems for themselves and other smaller countries?

Secondly, countries like Greece and Spain have been having problems with external debts for centuries. As we all know, external debts cannot be inflated away except for USA. Even before the introduction of Euro, 70% of Greek government debts were in Euro (Don’t blame the euro for Greece’s woes, 2010), which essentially deprives Greece all effective measures to lower its debt levels.

Thirdly, because it is unlikely to obtain added resources under this situation, the only choice EU, and Germany together with Greece in particular, can make are between creating mutually beneficial trades and bridging their requirements.

Considering the points mentioned above, one alternative is for Greece to automatically leave euro-zone while remaining inside EU, while ECB will help write off the external debts GG alongside, perhaps, major Greek corporations hold. This is a viable solution due to six reasons: (a) Greece opts to withdraw from euro-zone, which is a great face-saver for GG; (b) the fact that it is a withdrawal helps maintain the integrity of Euro; (c) it sends a strong warning signal to Portugal and other PIIGS nations that irresponsible spending behaviour will have repercussions, which helps reduce occurrences of future crises; (d) instead of spending €500 bn and counting on a black hole, ECB can effectively ‘pay off’ Greece save future losses (i.e. treating the debts as sunk costs); (e) Europe prevents IMF, an American agency, from entering the Euro market, the occurrence of which may very well breach the reason to have this monetary union to begin with; (f) by having its external debts eradicated, Greece has the opportunity to adjust its spending behaviour, which both prevents further similar crises and helps with the growth of Greek economy; (g) this alternative is not exactly bad for USA, since it effectively insulates the European continent from Balkans, and it is likely to weaken the image of ECB in the years to come.

Alternative 2

The first alternative evidently generates the best total outcomes in the global perspective; however, the mentality, or inertia, aforementioned virtually renders it impossible. This, nonetheless, does not necessarily suggest that the pie is fixed; rather, ECB could choose to purchase, instead of GG government debts, its properties:

For ECB, this does not constitute a violation its regulation against the purchase of government debts. In case GG would not be able to repay the financial aid, ECB could still be in the sound position since all those Greek properties, be it real estate, natural resources, or financial, would still have certain value. This also eliminates the impossible mission to remove a country from the euro-zone.

For GG, it also eliminates the involvement of interests that would have to be paid if the bailout comes in the form of loans. This alternative also spreads the danger among players: unless the purchase concerns natural resources, Greek property prices will vary in accordance with subsequent success of the bailout; further, this gives other euro-zone countries, Germany and France in particular, more reason to keep Greece in the union and the game.

For IMF, although it cannot participate in this plan, the assurance of the stability of global financial markets in the years to come is in line with USA’s immediate interest indeed.

Alternative 3

If the Europeans are more stubborn that what has been suggested in Alternative 2, there is still room to maximize all stakeholders’ outcomes within the ‘multi-billion loan’ rescue plan:

Apparently, GG is more concerned about its immediate ability to pay off the roll over of debts by 19 May; this provides the difference in time preferences. In the worst of cases, however, GG can choose to default, which makes ECB more risk-averse; this provides the difference in risk preferences. GG only has to worry about its own debt status, whereas ECB has to consider possibility of future crisis with, most likely Spain and Portugal; this provides the difference in weights on the probability of future events.

In terms of time preference, it is possible to have a long-term loan with incremental interests. This serves GG in the short term and ensures a better payoff for ECB and perhaps IMF in the future.

In terms of risk preference, this loan can be made on the condition that GG should not default; in the case of default, GG could be removed from euro-zone or, possibly, EU. This also serves to warn against irresponsible spending behaviour of several EU / euro-zone member states. This also helps ECB in terms of weight preference, since the mere signal that ‘money will not come for free’ can greatly reduce the risk of future similar crises.

Prospects

Some say this is the beginning of the end for Euro. Some say this is the beginning of the end of EU. What is certain is this is only the beginning – how these major stakeholders act in this negotiation will have tremendous impacts on the future of Euro and EU.

Personally, I believe my Alternative 1 is better than Alternative 2, which is better than Alternative 3. However, it is more in accordance with the European mentality to keep doing what they are doing and hope for the problem to solve itself. Whether it will this time around only time can tell….

Bibliography

2010 European sovereign debt crisis. (n.d.). Retrieved from Wikipedia: http://en.wikipedia.org/wiki/2010_European_sovereign_debt_crisis

Bazerman, M. H., & Moore, D. A. (1994). Judgment in Managerial Decision Making (3rd Edition ed.). New York: John Wiley & Sons, Inc.

Bretton Woods system. (n.d.). Retrieved from Wikipedia: http://en.wikipedia.org/wiki/Bretton_Woods_system

Cialdini, R. B. (1985). Influence: Science and Practice. London: Scott, Foresman and Company.

Don’t blame the euro for Greece’s woes. (2010, April 26). Retrieved from Financial News: http://www.efinancialnews.com/story/2010-04-26/woes-in-greece

EU Agrees EUR 500 Bln European Stability Package. (n.d.). Retrieved from Daily Markets: http://www.dailymarkets.com/forex/2010/05/09/eu-agrees-eur-500-bln-european-stability-package/

EU members’ debt forecasts raise brows. (2010, March 19). Retrieved from Washington Post: http://www.washingtontimes.com/news/2010/mar/19/eu-members-debt-forecasts-are-challenged/

EU to Set Up Fund to Prevent Spread of Greek Crisis. (2010, May 8). Retrieved from Business Week: http://www.businessweek.com/news/2010-05-08/eu-to-set-up-fund-to-prevent-spread-of-greek-crisis-update3-.html

Euro convergence criteria. (n.d.). Retrieved from Wikipedia: http://en.wikipedia.org/wiki/Euro_convergence_criteria

Germans want Greece out of euro zone. (2010, February 14). Retrieved from Reuters: http://uk.reuters.com/article/idUKTRE61D0ZL20100214

How Belgian debt, Italian anarchy and Greek profligacy lead to economic chaos in Europe. (n.d.). Retrieved from Credit Writedowns: http://www.creditwritedowns.com/2010/05/how-belgian-debt-italian-anarchy-and-greek-profligacy-lead-to-economic-chaos-in-europe.html

International Monetary Fund. (n.d.). Retrieved from Wikipedia: http://en.wikipedia.org/wiki/International_Monetary_Fund

Most Germans want Greece thrown out of euro. (2010, February 14). Retrieved from Telegraph: http://www.telegraph.co.uk/finance/currency/7238035/Most-Germans-want-Greece-thrown-out-of-euro.html

PIGS. (n.d.). Retrieved from Wikipedia: http://en.wikipedia.org/wiki/PIGS_(economics)

Portugal opts to increase spending as debt woes linger. (2010, February 5). Retrieved from The Wall Street Journal: http://www.marketwatch.com/story/worries-over-southern-europe-health-continue-2010-02-05

Troubled Asset Relief Program. (n.d.). Retrieved from Wikipedia: http://en.wikipedia.org/wiki/Troubled_Asset_Relief_Program


[1] This assignment is finished on Monday, 10 May 2010, two weeks before the deadline; therefore, no developments regarding the European / Greek sovereign debt crisis since then is included.

[2] This assignment is uploaded to my blog, Dream Hope Reality, at http://dreamhopereality.blogspot.com/ and its mirrors. In the case when it is found identical, please note that the copyright is reserved by the same person, and that it does not constitute plagiarism.