Cracks in the Financial Fissure

So JP Morgan Chase & Co. is going to buy Bear Stearns. That may seem like a rescue, but it's not. This is yet another crack in the world's money foundation. First the UK government felt it had to take over North Rock, then the Fed was trying to support Bear Stearns through JP Morgan, but it has instead turned into an outright acquisition at $2 a share. Let's get some perspective on this. If you look at a chart, like this one from the Wall Street Journal, notice that the 52-week stock high was $170.23 and the low was $26.85. This isn't a "fire sale" as some in the media portray. This is bankruptcy and selling off the assets without the intervention of a court. And what is the Fed doing? Here's how the WSJ phrases it:

The Federal Reserve announced one of the broadest expansions of its lending authority since the 1930s in an effort to stem a credit crisis that is engulfing the financial system and threatening a deep recession.

For the first time securities dealers, effective today and for at least the next six months, may borrow from the Fed on much the same terms as banks. The Fed also lowered the rate charged on such borrowings from what's known as its discount window by a quarter of a percentage point, to 3.25%, and extended the maximum term to 90 days from 30.

This is a panicked attempt to keep everyone from taking that final plummet that Bears enjoyed. There isn't money because many people are no longer trusting the systems. But to keep things afloat, the Fed has potentially opened the flood gates. After all, it was large investment houses and banks - and the greedy credulity of investors - that landed everyone here in the first place. So now the country is supposed to trust their judgment with even more money? Maybe it's necessary to keep the whole system from freezing up, like an engine without oil, but only at the risk of having so much money out there that they dollar loses a lot more value.

I know there's the theory that some institutions are too large to fail, because you can't afford to have them out of business. But I'm wondering if what we're facing is more like a case of fiscal gangrene, in which you amputate a limb or the patient itself dies. Those who worship at the altar of capitalism must realize that can't adopt a deity and then insist on only the friendly parts. That's like saying you want to be a fundamentalist Christian but believe in only heaven and not hell. and I'm afraid that we're only just beginning to see the literal hell that we'll all be forced to pay.

Patent Politics

I have an article in the August 2007 issue of IP Law & Business about politics, displeasure, and the US Patent & Trademark Office. I actually preferred the original first paragraph:

Business people and lawyers complaining about federal agencies? Quick, call the TV cameras—the sun rose today. But noise about the U.S. Patent and Trademark Office in the patent community is escalating lately from complaints to serious criticism and even to allegation.

Ah, well, editing is about change. The topic is interesting, though - and given new continuation rules (which affect the entire patent application process) and proposed changes in patent law, there's a lot that CEOs and CFOs should be considering. This is not just an issue for a company's general counsel.

Cyberwar Spills Onto Business

It's good that people are paying some attention to cyberwar - the extension of conflicts onto the Internet. The New York Times even is running a story about it. But cyberwar is old business. One of the biggest motivations for hackers these days is politics of various sorts, and even the "least developed" (whatever that means) countries have access to basic computer technology that takes relatively little infrastructure to put into practice.

I remember researching one story where I was speaking with representatives of a security analyst firm as well as other experts and an Italian hacker. Politics is a major factor in hacking these days, with thousands of businesses fending off attacks and trying to recover from web site defacements of political slogans. There are active political hacking groups in various parts of the Middle East and in China, for example. And companies that are associated with particular countries can find themselves targets of sophaisticated people who have little else to do. Digital security has to become a strategic issue, which is still an unusual approach among corporations.