Category Archives: Sense & Sensibility

About Face(book) – IPO Now Means “Internal Private Offering”

So 50B (or 25 times current sales) is the valuation for Facebook (see Forbes for a sobering comparison to current public companies) What actually makes this even scarier is NOT the current valuation but the expected valuation.  My guess is that when you invest in a “hot pre-IPO” stock your expectations for a total return probably range from 2 to 4 times the investment (there is a sexiness to the notion of “doubling your money” that is reserved for the big bet).

So given that the investors are expecting this stock to hit 50-100 times current sales.  While it is true that sales will continue to grow its still sobering to see what the expected valuations are (100-200B total market cap).  For reference Google as about a 200B market cap right now and at its peak was about 230B.

Secondly this is a very clever vehicle that gets the employees around the typical 6-month post IPO lock-up period.  The truth is the vast majority of the money going into this offering is actually just being used to cash out insiders (VCs and employees).  As a result they get their IPO (which now means “Internal Private Offering”) and the only ones with the lock-up are the current “market” investors and that lock-up is now 2 years.

The one hopeful note here for those that feel like the wealthy class have been taking advantage of the working class is that the only ones that get taken are the wealthy as not many working class individuals have 2 million to invest right now.

Very clever…

A Silicon Valley/Venture Capital Solution to the Housing Crisis

(Follow Me on Twitter at watchingmarcitz) 

(Having problems with your Toyota.  Learn how to get more for your troubles)

So President Obama  has finally decided to do ”cram-downs” with taxpayer money.  This is the idea that one should reduce (cram-down) the amount owed on  a house to put it more in line with the new (reduced) value of that house so a person can refinance or won’t just abandon the property.

I am totally opposed to cram-downs (especially for those that are underwater because they chewed up their equity on cash-out refis for frivolous spending) but if Obama is going to do it let’s at least do it in a way that protects taxpayers, encourages the right kind of behavior going forward and isn’t just a handout to the unfortunate or financially ignorant or profligate.  That lesson comes from the way venture capitalists invest in Silicon Valley startups and the answer is “cash for equity.”

Yes cash for equity has already been done with the money going to the banks but the valuation method has all been wrong.  For housing cram-downs its very simple and it aligns everyones goals (at least the ones we want to support)

Take for example you have a house that has $600,000 in loans against it but it is now worth $500,000 .  The owner is seeking to refinance it but can only do so for $500,000 so they need a $100,000 “cram down”. 

If the government (or the bank ) provides it they should get a percentage of equity in the house equal to the cram down amount divided by the new appraised value of the house.

In this case that would be $100,000/$500,000 = 20%

Now when the owner goes to sell the house 20% of the proceeds immediately go to the entity providing the cram-down (government, bank, etc..).

Why is this fair?  Well if you are going into foreclosure you have effectively lost the asset.  Refinancing is a way to buy it back but to buy it back you need a partner to provide some of the financing.  So, in this example, you are effectively asking someone for $100,000 to buy a $500,000 asset (remember $600,000 is irrelevent at this point in the game).  They are putting up 20% of the money so effectively they own 20% of the equity.

Here’s why you do it this way:

  • Supposedly preventing foreclosures will “save the market” so the taxpayer/bank investor should get to partake in the upside (and share the risk on the downside).
  • If the goal is to keep people in their homes with our money then those people better damn well stay in those homes.  This will make that likely because they’ll have to wait it out until either they have paid down the principal on their loan by the equity percent  or the home has risen in value enough so they can sell the home and pay off the cram-down equity holder and the mortgage lender.
  • This should also separate the real homeowner from the “flipper”.  The “flipper” won’t want this “long term commitment” and will just give up the house.  The real homeowner who is committed to staying will be much more agreeable because they truly plan on riding this thing out.

Administering this program is simply done by the IRS which is informed of all major income events and can act as a collection mechanism for this.

So PLEASE don’t do cram-downs but if we must lets do them right.  It works for Silicon Valley to take cash for equity so why not let it work for the rest of the country.

Oh and don’t forget to email Timothy Geithner to tell him what a horrible plan this is.

(Follow Me on Twitter at watchingmarcitz)

(Having problems with your Toyota.  Learn how to get more for your troubles)

Getting the Most Out of Toyota for your Troubles

(Follow Me on Twitter at watchingmarcitz)

(UPDATE  3/18/10: Toyota executive offices contacted me today, OK I actually contacted them first (310-468-4000), and offered to buy back the car.  We’ll wait to see the offer before deciding whether they are trying to help or just get rid of me.)

(FURTHER UPDATE: In a conversation with one of their executive analysts today (a representative for Toyota Executives) they said to me “I feel you are trying to swindle us”.  Not exactly a way to earn points for customer service.  OH and then they “call-blocked” me (a strange badge of honor).  No worries its simple to bypass, see below.)

Key Contacts at Toyota of North America

(If you call please tell them Marc sent you)

  • Jim Lentz – President/COO – 310-468-6285
  • Nancy Fein – VP of Customer Relations – 310-468-5277

You can also reach other executives by following these simple instructions to manage their voice mail system

  • Dial their direct line at 310-468-4000
  • Select “2″ from the first menu to dial-by-name
  • You can find a list of key Toyota executive names on this website
  • After finishing the message hit “#2#” to mark the message urgent and send it.
  • You can then dial another extension by hitting “*t” and then hitting “*a” to dial by name, again

IF you get “call blocked” (you call and the call just mysteriously drops) you can either use another phone OR simply find out how to do one-time caller ID blocking of your phone number.  For Verizon you dial *67 then the phone number then “snd”.  So if you are trying to reach Mr. Lentz its *673104686285 (Send)”

The problems at Toyota (much like the Camry and Prius) are accelerating out of control and just can’t be stopped.  Unfortunately the problems go from the ridiculous (stuck accelerator pedals, brief lack of braking control) to the sublime  (body rattles and creeks and groans on brand new cars).  My own 2007/2010 Camry Hybrid has spent 7.5% of its life until now at the dealership.  My most recent trip to the dealership (my 17th one in 3 years) proved that all too true.  

Yes there were many other Camrys there for their recalls but in striking up a conversation with those other owners I noticed they also had the same interior rattles and noises that I was (and have been) experiencing.  At that moment I decided to form the Camry Coalition.  Those are other Toyota owners (Prius and Lexus also welcomed) that have had the same ongoing problems.  I decided it was time to share my experiences so that others could benefit from what I have learned.  To date for my troubles I have received the following:
  • A new 2010 Camry for $2,500 (to replace my 2007)
  • $500 in dealer credits for service and parts
  • A 2 year/25,000 maintenance warranty that covers all standard maintenance for that period.
  • A free 15,000 mile tune-up
  • Did I mention the new 2010 Camry for $2,500?

Here is the background on what has happened.

My 2007 Camry Hybrid had been experiencing various rattles.  Most notably in the pillars between the front and back seat on both driver’s and passenger’s door and in the doors themselves as well in the dashboard center console.  I had been in about 12 times to have them repair it but they could never find the source.  As a result they offered to replace my car under the California Lemon Law  (check your own state for any equivalent  ”lemon laws”).  Unfortunately my 2010 is experiencing the same body rattle problems.  Throw in a badly designed trunk groan and my car is a relative symphony of sound.
 
Regarding California Lemon Law what that means is:
  • If Toyota is unable to repair the same problem a number of times (the amount is dependent, I believe, on the type of the problem, for my rattles it was 7 repair attempts) you can request Toyota investigate and make a claim.
  • If you are cleared under Lemon Law they will determine a “usage fee” (as dictated by the California law).  That is a fee you pay EITHER to have your car replaced or money refunded.   The fee is calculated based on the mileage on your car when you reported the problem for the first time.  For example I had reported my car problem at about 3000 miles and had it repaired numerous times over the following 2 years.  I opted to have my car replaced with a comparable 2010 model for a fee of $2500.  If I returned the car and didn’t take a replacement they would have returned what I paid for the car LESS the $2500.

EVEN if you can’t get qualified under Lemon Law (or its just too soon) you can work with the Toyota Customer Experience Center (or your manufacturer’s customer satisfaction line) to get some form of retribution for your troubles as I have done above.  Please note just having to have the rattle fixed once or twice won’t get their attention but if it goes 3 or more repair attempts you definitely have a credible gripe that they will find embarrassing and want to provide some form of compensation.  The types of compensation that they are likely to do are:

  • Some form of credit for further service at a Toyota dealership.
  • A free service (e.g. free 15,000 mile service)
  • If things get really bad a maintenance contract where they will handle all standard maintenance (oil changes, tune-ups, etc…) for a certain period of time or mileage (e.g. 2 year/25,000 miles)

So a few pointers:

  • Report problems early and often so if you have to go to Lemon Law you will minimize the usage fee.
  • Keep all service receipts FOREVER.
  • Establish an ally at the dealer.
  • Contact the Toyota Customer Experience Center (or your automotive manufacturer’s customer care line) at 800-331-4331 and tell them WatchingMarcitz sent you.  Establish an ally there as well. 
  • For my own personal cause PLEASE when you are at the dealerships approach other like-minded Toyota owners and tell them about these tips.  Also please forward them to me at watchingmarcitz@yahoo.com .  I used to work in the auto industry (General Motors Corporate Marketing in the late 80s and early 90s) and I know how to pressure the automakers.  More people singing from the same hymnal will help and I will gladly organize the choir.
  • Please also keep me posted on your progress so I can gather all the information together.

Regrettably Toyota 2010 feels very much like GM felt back in the late 80s when they were presiding over falling quality and being overtaken by a foreign competitor.  For GM it was Toyota.  For Toyota it is now Kia/Hundai or Ford (both worthwhile considerations for your next car).

BONZAI!!!

Follow Me on Twitter at watchingmarcitz

Housing Wasn’t a Free Market

So there has been a lot of talk that the economic crisis, specifically the housing crising, was a failure of the free market.   The housing crisis was definitely a failure but don’t think that what drove it was the free market.  In fact a properly functioning free market would have actually prevented it.   Also don’t think this is a new problem requiring new theories.  There are hundreds of years of economic theory (recognized by no less than 5 Nobel prizes) that predicted and can explain all of this.  Allow me to do that in one web page.  (SPOILER ALERT: There will be economic terms used but it will be quick, mostly painless but very informative)

Lets first start with the assertion that for any market to work there is the underlying assumption that complete (if not perfect) information is available and that all participants act rationally.  According to this article:

Complete information is a term used in economics and game theory to describe an economic situation or game in which knowledge about other market participants or players is available to all participants. Every player knows the payoffs and strategies available to other players.

Complete information is one of the theoretical pre-conditions of an efficient perfectly competitive market. In a sense it is a requirement of the assumption also made in economic theory that market participants act rationally.

Examples of the LACK of complete information in the housing market included:

  • Buyers didn’t understand housing market risk.
  • Buyers didn’t understand the true mechanics of the financial commitments they were making.
  • Banks for giving out “No-doc” mortgages.
  • Rating agencies provided bad information on ratings (either via ignorance or straight up fraud).

Without complete information you wind up with information asymmetry:

In economics and contract theory, information asymmetry deals with the study of decisions in transactions where one party has more or better information than the other. This creates an imbalance of power in transactions which can sometimes cause the transactions to go awry.

 Examples of information asymmetry during the housing bubble include:

  • The exotic and esoteric financial contracts that emerged. (asymmetry between the bank and the consumer)
  • The questionable package of mortgages (loaded up with “no doc” mortgages) that also emerged. (asymmetry between the bank and the investor)

One of the outcomes of information asymmetry is adverse selection:

Adverse selection, anti-selection, or negative selection is a term used in economics, insurance, statistics, and risk management. It refers to a market process in which “bad” results occur when buyers and sellers have asymmetric information (i.e. access to different information): the “bad” products or customers are more likely to be selected.

Examples of “adverse selection” almost go without saying but here goes anyway:

  • People bought houses they couldn’t afford.
  • Most of those “no doc” customers got loans.
  • Most of those questionable packages of mortgages were gobbled up by investors.

In short this was NOT  a failure of the free market because the free market wasn’t even involved.  If a proper free market was involved then there would have NOT been information asymmetry.  Without information asymmetry there would have been no adverse selection and hence no bubble.

So what now?  Well this is where another term gets misused and misunderstood and that is regulation.   It appears to me that most view the term regulation as the way for the government to restrict certain activities so OF COURSE we should be against that (offering certain financial products, limiting speech, telling us what we can do in our bedrooms ,etc..) .  I think, however, there is another form of regulation that is far more beneficial and more universally acceptable and that is requiring disclosure/transparency of information (AKA “complete information”).  One successful example of this is warning labels on cigarettes.  This did NOT restrict usage of cigarettes but allowed consumers to make more informed decisions (and replaced those ads where doctors told you smoking was good for you).

Regulation that provides greater “transparency of information” (e.g. disclosure of true financial costs of mortgages)  is clearly a pre-requisite of the free market (see “Complete Information” above) as it prevents information asymmetry and thus adverse-selection.

So in the end the great irony here is that those that are supposedly the proponents of the free-market (fiscal conservatives) also seemed to be the most opposed to regulation (even of the information-transparency kind). 

Well they actually do, inadvertently, have one point.  Even if you make information readily available, if the general public is not properly educated to consume it, its a waste of paper to print it.  So in the end if information transparency is provided it will still be useless without education.   If you want to see a good piece on the importance of education then check this out.

Reduce your California Withholding NOW!!!

Sure tax season is 10 months away but you still can protect yourself now if you live in the state of California.

As you know, California is starting to issue IOUs to those that have lower priority on debt held against the state.  The lowest on that totem pole are any taxpayers who are owed a refund.  It is very possible  that this IOU system will continue for some time, even as late as next calendar year when you are filing your 2009 taxes.  Remember. April 15th 2010 is the next calendar year but it is within the current IOU-laden fiscal year for California.

What does this mean for you?  If you are expecting any sort of tax return there is a chance that you will, instead, receive an IOU.  As a result you should seriously consider (legally) reducing the amount of tax withheld to a point where you at least wind up break-even (or even owing a little bit) when you file your taxes for 2009.  If the state owes you anything do not expect to receive it in a timely fashion.  Better it be in your pocket than there’s.

Also remember you have paid half of your income taxes for the year so you’ll need to account for that as well.

This is probably extremely critical if fear you may be unemployed in the near future.  You may find yourself in a situation where you would wind up with a tax refund but not see the much needed cash in time.

Please note that your situation may vary depending on your specific circumstances so you should ALWAYS contact a professional for the right strategy.  I just contacted an accountant and wanted others to at least have the chance to do so as well.

Forewarned is forearmed.

Oh and be forewarned about the next major drop in real estate on the San Francisco Peninsula.  Here is an article that shows why prices are due for another 30% drop.

The (Scary) Math Behind the GM Taxpayer Bailout

Why are the taxpayers only going to get a few pennies on the dollar for its GM investment?  Its very simple math that goes something like this

The government effectively will get 60% of General Motors in exchange for $50 Billion in aid.

This, using standard investor math, means that GM has an implied value of:

50 Billion/.60 = $83.3 Billion

Currently (or as of last Sunday) GM had 610 million shares outstanding.

That means that for the taxpayer to break-even GM shares (in the pre-bankruptcy world) would need to be worth $136.55 PER SHARE (83.3 Billion/610 Million)

The lifetime HIGH for GM is $93.62 back in April 2000 when the going was good. So good luck with that.

Oh and to complicate matters the government will see its holdings diluted if the bondholders take the extra 10% that they were promised as part of setting up the bankruptcy filing.  If GM is doing well one would assume they would exercise these options and taxpayer shareholders would get diluted.

In that case the taxpayer stake goes to 54% which means an assumed market cap of $89.3 Billion or a per share price of $146.39

So even if GM were to return to its lifetime high of $93.62 the taxpayer would only get back $34 Billion 0r 68% of its investment if GM got as BIG as it ever was.

This of course is impossible based on the Government’s own admission that they are structuring GM to compete in an economy where car sales are 33% less than they are now. 

Sure these numbers are approximations and some of the debt might be repaid like a normal loan (and I hope most of it is) but you can tell that there is no way that the taxpayers will see even HALF of their money returned even if all the right things happened (in a short-period of time as President Obama doesn’t want to hold on for long).

Well look on the bright side.  We got rust-protection and under-coating free with the deal and we know how important those are.

Congress Takes a Page from GM Playbook -WHY???

On Saturday there was an article in the New York Times entitled “At GM, Innovation Sacrificed to Profits“.  The headline of this article should have been “At Congress, Innovation Sacrificed to Profits” and it should have been about the House’s current proposed solution to GM’s “problem” because the parallels are prophetic, ironic and downright scary.  According to this article, GM, when faced with a chance to innovate, would eventually take the money for innovation and redirect it to fund the base business.


If the current proposal goes through to reassign the $25 billion fund, which is slated for innovation, because, and I quote the article, “the money was needed elsewhere” then Congress will be following in GM’s footsteps (a set of footsteps it has been criticizing strongly for the past two weeks) and, one can rightfully assume, will be doomed to the same fate – That’s the PROPHETIC.


Are Ms. Pelosi and Mr. Frank aware that they are behaving just like GM in their current actions? That’s the IRONIC


While GM can go to Congress when it fails who can Congress go to when it makes the same bad decisions?  We the taxpayers – That’s the SCARY.


Is anyone else concerned that Congress has shown no ability to learn EITHER from its own mistakes (how’s their last financial bailout plan going?) let alone the mistakes of others? That’s just SAD

I Couldn’t Have Said It Better Myself

I recently stumbled upon this excellent response to a misguided New York Times editorial that argued that GM needed to be protected from bankruptcy.  The response, posted by Mr. Lancelot Fletcher, argued that, in fact, bankruptcy was exactly the remedy that is needed, is not all that bad and is the best course for GM and the economy.  While these were the exact points I wanted to make Mr. Fletcher beat me to it and I like to give credit where credit is due.  To that end I have reproduced Mr. Fletcher’s comments below:

Isn’t this — the current plight of the big auto makers — exactly what Chapter 11 of the US Bankruptcy Code was designed for? Chapter 11 is not the “drop dead” option. (That would be Chapter 7.) A Chapter 11 debtor normally proposes a plan of reorganization to keep the business alive, pay creditors over time, and ultimately return to profitability. Many large companies have entered Chapter 11 bankruptcy without ceasing operations and some (e.g. Delta Airlines) have subsequently emerged as profitable enterprises.

I don’t think the opponents of a Washington bailout for the auto industry are proposing that the Big Three should be simply liquidated under Chapter 7. Hence talk about the millions of jobs that would be lost if bailout legislation is not enacted is misleading and exaggerated.

If the opposing sides on this issue would listen to each other, they might discover that they are not that far apart. The advocates of the bailout are not proposing to have the government simply lend money to the auto companies with no strings attached. They are proposing to require, as a condition of the loan, that the industry agree to a far-reaching reorganization of the industry. On the other hand, reorganization is precisely what is required in a Chapter 11 bankruptcy. It’s true that in a Chapter 11 bankruptcy the US Congress does not normally get to dictate the terms of the reorganization. But most Americans would probably agree that having the government specify the terms of business organization is not a good idea. So the argument of the opponents of the bailout might be that we should not enact new laws to do what the existing laws are already capable of accomplishing.

Thank you Mr. Fletcher!

How to vote NO on the GM, Ford and Chrysler Bailout

GM is mounting a campaign to save itself after years of self-neglect.  Even Thomas Friedman of the New York Times thinks protecting the current company and management is a bad idea.

GM has set up a number to have your voice heard.  Granted they want you to call and profess support but you can also call this number to say “NO!” to bailing out inefficent companies that have had ample time to fix it themselves (35 years since this problem happened once before). 

Simply call 1-866-927-2233, enter your zip code and you will be able to connect with your representatives (Senate and House).  When you are connected say:

“I DO NOT support any bailout of General Motors (or Ford or Chrysler) and feel that, in the long run, the country will be better positioned if the current companies are left to make the hard-choices that will make them competitive in the future.”

In addition you can also send a personalized email to the President, Vice President and your members of congress though FreedomWorks.org.

If you need more reasons just ask the New York Times or The Wall Street Journal.

A “Division” Problem for General Motors

So lets do some quick math. 

In the 1970s when General Motors had 50% US market share they had 5 consumer divisions (we’ll leave GMC as a “business” division).

That meant that each division, could, on average, have 10% market share.  That’s an OK-sized business.

Now GM has 7 divisions (again leaving GMC aside) and has 25% market share.

That means that each division could, on average, have less than 4% market share (3.57% to be precise).  That is not a very healthy nor sustainable business model (given the marketing and infrastructure costs to keep these divsions alive – as it were)

This division is the heart of GM’s division problem.  Before they can ever even hope to get better they need to benefit from a concept that made them successful in the past, namely “economies of scale”.   Right now there is no chance to take advantage of that because they have NO SCALE.

This is why there should not be a bail-out of GM and at most a “bail-down”.  They should pare down to 3 divisions at most (Cadillac, Chevy, Saab)

Until they scale-down they can never hope to scale-up.