Category Archives: Uncategorized

Devlin MacGregor and Movantix

One of the best characters, in one of my all time favorite movies, is Harrison Ford as Dr. Richard Kimble in The Fugitive. The wrongly accused surgeon on the run from the incompetent Chicago cops (murder apparently has been a problem there for years) and Deputy Gerard in search of the one-armed man who killed his wife.  In the end, he gets his man – but as we all know the real villain in the story was the evil pharmaceutical giant Devlin MacGregor.

I thought for sure Kimble put those bastards away for good, but Devlin MacGregor is back…and now instead of Provasic they are shamelessly peddling Movantix, a drug to give relief to opioid induced constipation (OIC).  Yep you got it – we have a heroin epidemic in full bloom and the answer isn’t less opioids, it’s how do we manage the scourge of constipation.

The numbers speak for themselves. Between 2010 and 2014 opioid-related deaths rose 47 percent in New York. And judging by the headlines, this trend has continued unabated across the state and nation. In 2016 there were 460 deaths in Westchester, 320 dead in Erie County, 86 in Staten Island, 61 in Onondaga and 57 in Monroe. And already 50 more have died in Erie so far this year. Everyone seems to know someone who is addicted or has died.

Now I ask myself: why would Devlin MacGregor take to the airwaves buying expensive spots in prime time, during the NCAA men’s basketball tournament and even the Superbowl, to mass market–yes mass market–this drug? From Wikipedia – Mass marketing is a market strategy in which a firm decides to ignore market segment differences and appeal the whole market with one offer or one strategy,[1] which supports the idea of broadcasting a message that will reach the largest number of people possible.  

Devlin MacGregor is advertising an opioid constipation drug to “…the largest number of people possible.” Deputy Gerard would disagree with the use of the word, but that’s hinky.

Hinky as in strange, weird or just plain old BS. Isn’t the medical community already under a mandate to strictly control the prescription of opioids? And since they are – shouldn’t prescribing doctors be aware of drugs like Movantix to help their patients manage the side effects like constipation?  And isn’t the ultimate goal to get patients off opioids entirely? I tell you it’s hinky.

At first, I joked to myself that this was a “savvy” effort by Devlin and Big Pharma to actually corner the market on a segment of opioid related sales they can still milk the hell out of. Having lost literally millions of customers and market share to the drug cartels who make heroin cheaper and more powerful, they are instead piling up profits from the bound up. After all, Movantix doesn’t discriminate as to whether constipation is caused by smack, snow, dope, dragon or OxyContin or Vicodin.

Turns out – insanely, that I’m right. According to Claire Gibson, an analyst for the research and consulting firm GlobalData, by 2019 the U.S. “will represent approximately 86 percent of the total market” for opioid induced constipation drugs – an equivalent to $563 million in annual sales. She said the estimated patient population for OIC drugs will be “just under 4 million” people.

Let’s recap that –  by 2019 the United States will account for 86% of the total global market for opioid induced constipation drugs.  Whaaaat???

So apparently, despite all the bill signings, drug busts, headlines and hand wringing, real progress in slowing the prescription of opioids is well – bunged up. According to a report in the Journal News, between 2012 and 2014, 251 million pain pills were prescribed just under Medicaid in New York. That’s 13 pills for every New Yorker, apparently an unlucky number for a reason. These numbers don’t include opioids prescribed under private insurance. Is it any wonder one in six unemployed male of working age in America is addicted to an opioid?

Sorry folks – but that’s insane an amount of pain relief. Paul Ryan wants to require able-bodied persons on Medicaid to get a job, they might be too drugged up to work. Seems like the geniuses in Washington on both sides of the health care debate might want to look into this issue.

In the meantime, please,someone–shareholders, anyone–please stop the amoral profiteers at Devlin MacGregor from airing this putrid nonsense anymore. The ads reek of a culture that is beyond repair. It has the glossy stench of giving up, of a tacit acquiescence to an insidious disease that is robbing us of too many of our family, friends and neighbors.

It’s not who we are. It’s wrong. We don’t give up–just ask Richard Kimble.

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The 411 on the 411

Suffice it to say I crave human interaction.

I take the subway generally because I enjoy watching people. I don’t have EZ pass because I actually like saying hello to toll takers. I go to the same Dunkin Donuts religiously because I like that they know I take a large with two cream and two sugar. Aside from making me look less bald (which is a miracle in itself), I’m seriously attached to Valerie who cuts my hair because I look forward to seeing her new tattoos or what new color her hair she is trying out. And if I see the older Indian gentlemen Saleem working the register at my Price Chopper, he’s so friendly and sincere I’ll stand in line for an extra few minutes just to say hello.

I used to feel much the same way about the 411. You are on the road, you get in a jam and 411 was there to help you out. Just hit those three friendly digits and all your questions could be answered.

Now in most instances the answers are of the automated variety – but over the years, when the computer was stymied by my thick Northeastern drawl, I would end up having quite lovely conversations with Beverley in Oklahoma, Sue in Illinois and Stu in Dallas all directory assistance operators who hooked me up in a time of need.

Operator: How can I help you
Me: How are you today?
Me: Thompson, Lake New York please
Operator: Thompson, Lake New York – Ok
Operator: What listing please?
Me: Some german beer place on the lake?
Operator: Checking german restaurant on Thompson Lake
Me: Maybe it’s Warners Lake
Operator: Checking german restaurant on Warner Lake
Operator: Do you have any more information?
Me: I promise you its the ONLY German sounding place in the whole area.
Operator: I have a Scholz-Zwicklbauer Hofbrau in East Berne
Me: Yes, Yes, Yes
Me: What’s your name?
Operator: Sue. Will that be all? I’ll connect you!
Me: Yes, Thank you Sue, you made my day.

The 411 operator was a life line. They were a human connection in an increasingly automated and de-personalized world. I’m sad to pass along the news there is no more 411 operator.

If you tried to find Zwicklbauer today you would be out of luck – and not just because it closed. (A tragedy for another day)

It seems 411 no longer has the default to a live operator. Which means if the program doesn’t understand your request, you are just screwed, abandoned to that smart ass Siri.

How do I know this – True Story.

Ding, dong, do
Computer: ATT Directory Assistance, name a city and state please
Me: Albany, New York
Me: The New York State Department of Transportation
Computer: The New York State Department of Motor Vehicles.
Me: NO
Me: The NEW YOOORK STATE DEPARTMENT OF TRANSSSPOORTAAATION
Computer: Sorry not finding New York State Department of Transportation
Me: Ok, THHHHHE NEW YORK DEEE OH TEEE
Computer: New York State Department of Licensing and Real Estate
Me: NO NO NO
Me: Operator please
Computer: Sorry, goodbye.

I repeated this transaction several times, over and over with the same outcome.

Frustrated, befuddled I wondered what’s wrong? In the past when we ran into these roadblocks Sue, Stu and Beverly were there to ride to my rescue. Now I’m just being unceremoniously dropped with no recourse!!! And by the way, its not like I’m looking for a foreign sounding Zwicklbaur, I’m looking for the damn DOT – any DOT in the state would have actually sufficed.

So I was on the road and thought I would use my driving time to get to the bottom of this mystery. At first, I was flummoxed because normally my journey of inquiry would start with 411, but clearly that’s off the table. Leading me to wonder, “how do you find out what happened to 411 without 411”? I was now feeling like I was in an episode of Mr. Robot. Do I call 911? I’m tempted to do this because this truly feels like an emergency to me. The fact that I can’t talk to a person is disorienting. So finally, desperate, I land on my last resort 611. Anyone who has ever called 611, which is everyone who owns a mobile phone, knows you are in for the treatment. Call at your own risk and be prepared to be kept on hold, dropped, transferred and misunderstood — it’s pure torture — but I was on a mission.

I call 611, connect with a customer service representative and proceed to explain my dire circumstance and deep desire to speak with management. For the life of them, the 611 operators couldn’t grasp my issue. They were completely zwicklbauerd by this existential dilemma. Their primary training is to give you your money back for the lack of a proper connection on 411. I thank them and explain nicely, that this isn’t about the money, which didn’t quite compute for most of them. Fueled by my fear of a world without 411 operators I pushed on.

Finally, after three drops, two wrong connections and probably close to an hour on the phone I end up with a young man named Carlo. Nirvana! Carlo actually understands my issue and says “that’s news to me, I’m going to need to look it up.” A few minutes later he’s back on the line and say’s – “you are right!” (Thank God I think, at least I’m not crazy.) Apparently, in April, ATT (or whoever actually provides the info service) did away with Bev, Stu, Sue and the rest of my friends at 411. I ask Carlo to make a note to his boss that this is “bogus” and that I intend to “file a complaint” with everyone I can from the PSC to my elected officials. I then of course throw in the obligatory “and by the way it’s not like the cost of my cell service has gone down.”

Most importantly, I thank Carlo profusely for having finally provided me with the 411 on directory assistance.  It wasn’t the answer I wanted, but it was an answer apparently only a human could provide.

And that’s where we’re are today. I’ll write my obligatory letters, file my impotent complaints secure in the knowledge that they will be ignored — chalked up to the price of progress. While I feel better that thanks to Carlo I got the 411 on the 411, I’m still wistful for the good old days of directory assistance and for Stu, Bev and Sue – the humans on the other end of the line.

Update: Since this post was shared, I’ve learned that Verizon still has live customer service operators. “Can you hear me now?” just took on a new meaning! 

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Dropping Like Flies

Have you ever heard of “rapid plasma deposition?” I haven’t, but it sounds geeky cool right? It sounds like the future.

Rapid plasma deposition is a technology that a company called Norsk Titanium deploys to make cutting edge aerospace components. Sounds even cooler, right?  But the coolest thing yet, in August of 2016, the administration and SUNY Poly promised that a state investment of $125 million in Norsk Titanium would create 400 jobs and leverage over $1 billion dollars over ten years for the world’s first industrial-scale additive 3-D printing facility for aerospace production in Plattsburgh, New York.

In the wake of  SUNY Poly projects seemingly dropping like flies around the state, I wonder today if this project is next?

After all, the company is only 12 years old (only 4 of those in production). According to their Linkedin page, the company employs somewhere between 51-200 people (primarily in Norway). Disturbingly, I can only find $25 million in private funding raised and that followed the inclusion in the 2016 New York State budget of the $125 million to support the development of Norsk.  Most importantly though, I wonder if the economic / technology analysis made by SUNY Poly in securing the deal in 2016, matches with the Zemsky-ESD metrics of the New Year.  Late Friday, ESD pulled the plug on a $40 million “transformational” Rochester photonics project concluding that the “deal does not meet the standards required for a significant state investment of taxpayer dollars…and as a result, the state is no longer pursuing the project with Photonica.” It was just the latest project in the SUNY Poly portfolio to be scuttled.

So today we wonder, does the $125 million dollar deal with Norsk “meet the standards for a significant state investment?”

Here’s the problem, despite being an occasionally smart guy, who has spent some time in economic development, who actually nurtures an abiding interest in science and even after researching this company, I have no idea of the viability of Norsk’s technology in the marketplace. As in zero. And no offense to Commissioner Zemsky or my former colleagues at ESD, for whom I have great respect, I doubt they really know either.

But, I know someone who does, Alain Kaloyeros.

I first met Alain in 1997, when I took over day-to-day management of the New York State Science and Tech Foundation (NYSTAR’s predecessor). Alain at the time was running one of the State’s 14 Centers for Advanced Technology (CAT).  Every year, each CAT received $1 million dollars, regardless of their performance. We decided to change that and work to reward CATs more funding from that $14 million dollar appropriation based on performance, with an emphasis on economic impact.  That idea thrilled Alain, he loved the competition and he of course out performed all of the other Centers. But this was just small potatoes, Alain had much bigger plans.

Kaloyeros went on to head the Center for Excellence in Nanotechnology, the most advanced research facility of its kind in the world. The Center would become the home of Sematech and literally thousands of researchers, engineers, students, from companies around the world including: IBM, Tokoyo Electron, Samsung, ASML, Samsung and many, many more. Under his leadership the College of Nanoscale Science and Engineering was established and in 2004 graduated the world’s first PH.D degrees in nanoscience. Let’s just say, in the parlance of the day, his accomplishments are not “overrated.”

But or the record, while any mention has been expunged from its website, the institution that we call SUNY Poly and the state of the art edifice that stands at corner of Fuller and Washington, would have never come into existence without Governor Pataki’s unyielding support, intellectual curiosity, vision and yes the checks and balances that defined Alain’s early years of ascendancy. Alain may have been hired under the late Mario Cuomo, but it was George Pataki who set him on the path to be a modern-day Robert Moses of New York technology infrastructure. (A few months ago, I’m sure that description would have rankled some, today they are probably giddy that anyone else is claiming responsibility.) It’s been a source of great disappointment to many Pataki alumni that in recent years Kaloyeros went all native and acceded to a desire to try to rewrite this history with Putin like accuracy. But as I like to say, “it’s just business.” As the ultimate salesman, Alain always understood how to trade in the currency necessary to curry favor, win continued support and grow his influence.

Alain is charismatic, personable, funny,  dictatorial, irreverent, brilliant, stubborn, at times flattering and others infuriating.  But most importantly, when he wanted to, he had an uncanny ability to make you feel like you could understand the promise of science and technology to the future of New York.  He didn’t dumb it down as much as he talked it up and made you feel like you were inside on the ground floor of technologies that are driving the world economy. He used that ability to convince a series of Governors, elected officials and CEO’s of tech companies, large and small, to invest and invest big in his plans, his projects, his dreams.

To his credit, Kaloyeros outlasted and outmaneuvered University Presidents, Majority Leaders, Speakers, State Senators, Chancellors, Commissioners and Trustees. He managed to free himself legally, not just from the oversight of the University at Albany, he actually got himself his own college. With the Fuller Road and Ft. Schuyler Foundations, he made IDAs and LDCs look like quaint, stodgy development instruments. That’s one hell of a bureaucratic and political feat.

During our time working together it was clear that he regarded Empire State’s Development approach to job development as prehistoric, incremental at best. We disagreed on this point – even as I came to appreciate the value of investing in high-tech infrastructure. Now, let’s address that a little and get some history straight.  Alain was not alone in his pursuit of the semiconductor industry. Under Governor Pataki landing a fab was a priority for every department of government; from ESD, to the Office of Regulatory Affairs, from SUNY to the Departments of Labor and Tax. It’s why in 2003 Pataki was the Semiconductor Industry Association’s Noyce Man of the Year.  It was also the goal pursued by multiple talented partners in local government from Saratoga County to Oneida County, from Orange County to Genesee County.

Nor was Alain responsible for the Global Foundries deal.

But to be 1000% clear — there would be no Global Foundries in Malta without SUNY Poly and there would be no SUNY Poly without Alain Kaloyeros.

Science and technology is a dangerous area for many elected officials because it’s an area typically outside their depth and as a result they too often cede authority hoping to get results. As a result, over the years, unconstrained and empowered, Alain Kaloyeros has become a one man public sector version of Kleiner Perkins, making high stakes and increasingly higher risk bets on the future of technology with the State of New York’s checkbook.  But here’s the thing and there is no escaping it, these investments were all made in the light of day, with great fanfare. This is not news, what’s news is that people are finally taking note of the risk.

Today, Alain faces some trouble. Like Norsk, I have no idea what’s real and what’s not. People always surprise, but I’m quite certain Alain’s motivations had zero to do with self-enrichment. He’s a builder, a salesman, an entrepreneur with an ego so huge, that it’s surpassed only by his capacity for work. But for whatever his flaws, he articulated a positive future for our state and helped transform the Capital Region. He had the amazing ability to make those who desperately want to revive upstate New York, believe that he had the magic formula to make it happen. We all wanted to believe and some wanted to believe so badly that they looked past the obvious red flags.

So what of Norsk?  Alain has supreme confidence in his ability to see the future of technology and despite his current difficulties, I’m sure he remains unshaken in the belief that it’s a good bet for the State.  He might be right, I hope he’s right, but my guess is we never know and another fly drops.

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Road Trip!

Governor Cuomo’s decision to take the State of the State on a road trip out of the Capital should not be a surprise to anyone. A persistent and reasonable desire to control the story line accompanied by a nagging need “to do something different,” is something most administrations eventually contend. A need made ever more urgent as the years pass. More importantly though, traditionally the State of the State was a fundamentally uncomfortable experience for an Executive…after all it’s one of the few places they have zero control over.  You are a guest in the Speaker’s house.

During the Pataki years we had to negotiate with Speaker Silver over everything — from what time the Governor could use the chamber to practice, to how many seats we were given for our guests, to what the signage at the lectern looked like. You don’t control the cameras or the security and run the high risk that between nosy reporters and gabby operatives you will read about your initiatives before the Governor ever gets to the podium. (We would typically omit key announcements from rehearsal drafts.) And this was before everyone from the 3rd grade up had a cell phone that took HD video.

Most of all the setting ensures that the Legislature, the Comptroller, the Attorney General and the Judiciary are presented as co-equals in government. The cramped venue, the brightly lit chamber allows the Legislature and other constitutional office holders to be real actors in the play. They can clap wildly, sit stoically and yes, they might even stand awkwardly behind you. They can boo, walk out or shout interruptions — their reaction is on display to be recorded and dissected in real-time, all in Technicolor.  Finally, there is little that can be done with trickery or sleight of hand through the magic of technology. There are only two ways in and out of the place, no Powerpoint, no JibJab visual aids (thank God) – so you are stuck delivering a speech, hemmed in on all sides by people who don’t necessarily share your agenda. I’m sure for Cuomo the thought of it must feel like the Alamo today.  (Save he wouldn’t need to worry what Kathy Hochul is doing behind him on the rostrum.)

So while, it’s the Governor’s play, it’s the Assembly’s stage. For the Executive it’s like throwing a party in someone else’s house and that someone just might be itching for a fight.

That was a big reason why in 1996 we took the budget presentation to the Egg.  That was our house.  We controlled the audience, the seating, all the stagecraft.  Go to the tape –it’s easier to control the outburst of a Charles Barron in the Egg then it is of the late Tony Seminerio in the Assembly chamber.  And if legislators didn’t want to clap for our initiatives — we packed more than enough of our own people in the place to make noise. It was in many ways our State of the State…after the State of the State.

I can confess over the years several of us staffers (me included) would propose to Governor Pataki that he take the State of the State on the road…for many of the same kind of reasons it’s happening today. Let me tell you over 12 years it’s hard to keep it fresh. And while the political instincts of George Pataki told him it was probably a good idea to take the message to the people, the former state Senator and Assemblyman ultimately held the tradition in higher regard. While Governor Pataki often warred with the Legislative leaders and ultimately struck the most important check on their authority in Silver v. Pataki — as a former member there was always a level of respect and camaraderie held with much of the rank and file.

At the heart of the issue today isn’t really where on the map the State of the State will be given, it’s what’s the future of Governor Cuomo’s relationship with the Legislature. He has the constitutional tools to run rough shod over a divided Legislature – but by alienating them he is pushing them together and together, they can disrupt his agenda. Taking the State of the State show on the road might be the right short-term political move, but long-term it might be one of those road trips you wish you hadn’t taken.

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The Mystery of the Xmas Hess Truck

Growing up, Christmas was always an amazing time of year for so many reasons. We weren’t wealthy but we were certainly blessed — there were always plenty of gifts and parties. And the gatherings were always punctuated by some airing of grievances (yes, Festivus) usually correlating with the partaking of a little too much holiday cheer. Ultimately, without failure, one clan or another, would end up abruptly leaving our grandparent’s Xmas get together in tears over some slight. “Get in the car kids, we’re leaving!” was a familiar holiday refrain. The drama was real, but it always passed quickly (usually by the time we got home) and it was part of our annual ritual.  I loved it.

One of our other traditions was the Kiwanis Club Christmas party. For a number of years, my Grandfather would take me, my siblings and cousins to their annual Christmas banquet. We would put on our Sunday best, pile in his cavernous, cold-leather clad Lincoln, with an admonishment from our parents to “behave your grandfather, or else,” and head to the palatial HoJo’s in East Greenbush where we would get a gift from Santa and order anything we wanted to eat off the menu.  (I loved the fried clam plate.)

My grandfather was the grand poohbah of the Kiwanis Club for a while, which made our attendance all the more intriguing and in a way, regal. We were at the height of East Greenbush society. Which is why it was always so baffling to me that every year Santa gave us a Hess truck.

Now, I know the Hess truck has become something of a collectible over the years, but I never quite got why it was (or is) a gift for kids.

I wondered, “What fun is it to play gassing up the local Hess station?”  What was my grandfather thinking, let alone those people at Hess!

Hence, the mystery of the Xmas Hess Truck.

As a nerdy and somewhat inquisitive kid, I thought long and hard about this perplexing issue.

After much deliberation, I surmised that it was an easy gift to pickup. After all, there were a lot of Hess stations in our neck of the woods, and back in the day, when people outside of New Jersey had their gas pumped for them, you actually could multi-task. So, I imagined that my busy grandfather had a few minutes to run inside and grab a bunch of pre-wrapped Hess trucks. Pre-wrapped was also key.

My grandfather owned his own plumbing – contracting business and was always working so I thought it was cool that he took even a few minutes to grab us a gift. And from a guy who lovingly referred to us grandkids as “boobs,” “jackasses,”  “morons” and “maroons” it was actually quite a statement of affection.

That explained “the how we came to have the Hess truck,  but not the why.”

I didn’t know for sure, but I had my theories. My grandfather, grew up very poor and hard. While he had a great sense of humor, he wasn’t exactly the warm, fuzzy type and I could never imagine him playing with toys. The only other “toys” I remember getting from him was a hatchet and lawn jarts – which should give you the picture. So I always thought, maybe a gas tanker is as close to his idea of a toy that he would ever appreciate.

Maybe…but over time I developed an alternate theory. The Hess tanker was also oddly reminiscent of what we called the “honey wagon.” If you’ve ever had your septic tank pumped out, you know what I’m talking about. With its huge tank, long detachable hoses and backup warning dinger, the Hess truck was as close to a fancy plumbers toy you could buy. Just imagine the number of septics you could service before you had to pump out the truck – it had to be a plumbers dream.

But yet I still wondered: no matter how much you love your work, “what fun is it to play pumping out a septic tank?” 

Since none us went into the family plumbing business, I guess you have the answer. Not so much.

The truth is, like all boy toys, the Hess truck was most often deployed as weapon. It was a huge flame thrower — torching dinosaurs, cowboys, indians and little green army guys every holiday season.  Or in keeping with the Xmas spirit, we would drive it into the enemy Lego stronghold clearing the path for invasion. Never once do I recall refilling the local Playschool service station or for that matter pumping out a full septic tank at a Lincoln Log house.

The allure of the Hess truck remains a daunting mystery to me. Yet, it always makes me smile and think of my grandfather and Xmas past.

Ho Ho Ho – Merry Christmas.

 

 

 

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A Story Begging for a Trump Tweet.

One of the refreshing things about Donald Trump is that he calls bullshit. He doesn’t get bogged down in the minutiae of why the world works a certain way – he just sometimes tells it like it is. Which is why I think if he heard Mike Gaetani’s plight we would see a Trump twitter storm.

Mike Gaetani turned 100 years old a few months back. He’s quite a story, an American story. Orphaned as a baby, Mike was passed around through some tough foster homes in the Boston area and never had a chance to finish high school. Yet he got a job, a good manufacturing job working for Johnson Controls, married the woman of his dreams, owned a home, had a child and scrimped, saved and prepared for a retirement he was firmly convinced only his wife would live to enjoy.

And his planning worked – as a 30 plus year employee of Johnson Controls (JCI) he steadily earned and bought shares in the company he made his career with. Over the years, JCI has been a rock solid stock, paying dividends that allowed Mike to stay off Medicaid, out of a nursing home and connected with his family. He did everything right, he got a little lucky – he was set, or at least he thought so.

At 100, Mike has congestive heart failure, “CHF” as he calls it, which if you are lucky enough to get to 100, most people have. But as faulty as Mike’s heart is – he has one – a big one, which is a lot more than we can say for the executives at Johnson Controls and Tyco that just completed one of the more despicable tax inversion details in history.  

A tax inversion is when an American company combines with a foreign company, typically moving it’s headquarters offshore, to escape our ridiculously uncompetitive federal corporate tax rate. Many see tax inversions as a gimmick for U.S. companies to boost their profits without actually improving business operations.

It was a hot topic during the Presidential campaign and earlier this year the Treasury Department actually issued rules that killed several pending tax inversion deals. Unfortunately, for Mike and the other 20% minority of JCI shareholders, one large inversion that wasn’t killed was a $16 billion deal involving the acquisition of Tyco, based in Ireland, by Milwaukee based Johnson Controls.

Why is it unfortunate? It seems that under federal law when a tax inversion deal closes, shareholders of the company inverting to the overseas tax location, JCI in this case, are hit with a tax bill as if they sold their stock. As such, the inversion is forcing thousands of JCI shareholders to dig into their pockets and pay taxes (essentially capital gains) on their unrealized gains just to remain shareholders.

Ok, that’s tough enough to swallow for Mike and other JCI retirees who acquired the stock at a low price over the years and are living off the dividends. But this inversion has a particularly pernicious wrinkle, in that the acquisition of Tyco was structured in such a way so that only 20% of all JCI shareholders are footing the entire tax bill for the inversion. That’s right 20% of JCI shareholders are responsible for 100% of JCI’s exit tax from America.  

You can guess which 20% of shareholders are footing the bill.  It’s not institutional investors, it’s not JCI corporate officers, it’s not the hedge funds – it’s the little guy, retirees like Mike.  

So I was hoping this story, obnoxious and true, might incite a Twitter storm from our President Elect. But alas, I realize with so many other things to tweet about it’s admittedly a long shot. Barring that – I’ll just generate some fake news and with any luck my bogus tweet will be treated as real and result in shining some light on this sad scam.

(Special thanks to the Donald Trump tweet generator)

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God’s Work

God’s work is being announced today in Indianapolis, but we’ll get back to that.

In 1994, when George Pataki became Governor, IBM was poised to move their corporate headquarters out of New York, no not to Mexico, but about 200 yards down the road on the same piece of property, just in Connecticut.  He called then CEO Lou Gerstner and asked him just to “give him a chance” and he would get the state moving in the right direction. Gerstner gave him a chance and IBM and New York would go on to have a very beneficial relationship…the most obvious outgrowth for those in the Capital Region is sitting at the corner of Washington Avenue and Fuller Road, today we call it SUNY Poly.

It was the right thing to do then and what President Elect Trump did with United Technologies is right too.  Leadership matters. Policy matters. I can imagine Trump had a similar conversation with Chairman & CEO Greg Hayes – just gimme a chance.  Kudos for UTC and Hayes for giving him that opportunity.

It’s important for a lot of reasons.  First, on the campaign trail Trump promised to keep these jobs in America…as a politician, as President keeping your promises matter. This was a good one to keep. Second, he sent a message to the business community and he didn’t use 140 characters to do it — he did it the right way.  Third, and most importantly, he saved close to 1000 good paying jobs.

Cynics will say he didn’t solve anything.  They will conflate decades long statistics on the steady loss of manufacturing jobs and say he doesn’t have a chance to reverse the trend. I believe the cynics are wrong on all counts. America’s energy revolution, coupled with rising wages in China, Mexico etc plus US technology / workforce superiority and a nexus to the North American consumer market are ingredients for growth in US manufacturing. Not a revolution – but real growth. The bigger problem is automation, which is constantly reducing labor needs.

But even if I’m wrong about everything – the cynics still are wrong too. I spent a good part of my career at Empire State Development chasing companies, cajoling, incenting, begging doing whatever it took to get them to stay in New York, because I knew it mattered. Not because of some donor, or the largesse of a big corporation (sorry Jim Heaney and my friend Richard Brodsky) and not because of politics (jobs were good press no matter where they were created) – but because it meant someone kept their job, someone could get a job.  A family had a better Christmas, a small town kept its anchor – a mother put dinner on the table and a father had pride and self-worth.

My father was lucky, he was always managed to stay one step ahead – every company he worked for closed within a year after he had moved on. And my mother, a single mom for many years, put aside her dreams and worked whatever job she could to provide for four kids. Through their example they taught us the value of hard work. There is nothing esoteric about that – a story repeated countless times throughout American homes. A story in danger of becoming an urban legend in certain parts of our country. Economic development isn’t always about solving every grand social, political or fiscal issue – pile up the wins, one by one, (bird by bird as Anne Lamont would say) and they matter.

Every job matters.  I treated it that way and believed in it with jihadi fervor and I still do.  And I was proud to work with a bunch of tremendous professionals at Empire State Development who by and large share that same passion.

Which is what brings us back to God’s work.  A few year’s back Lloyd Blankfein, Chairman of Goldman Sachs, was asked what sprung to mind when he thought of Goldman’s mission…he said “I’m doing God’s work.” He added, “We help companies to grow by helping them to raise capital. Companies that grow create wealth. This, in turn, allows people to have jobs that create more growth and more wealth. It’s a virtuous cycle.”

In the wake of the financial disaster – widespread scorn was heaped on Blankfein. In the department of bad timing, he should have been smarter, but I kinda got it (because I read the whole quote) and because I had said the same thing myself on many occasions.  Saving jobs, creating jobs and wealth is about more than the numbers, more than any policy – it is essential to keeping alive the American Dream, rhetorically and in reality.

Trump with UTC saved some jobs in Indiana today and as far as I’m concerned – that’s God’s work.

 

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What I Meant to Say

In 2004, when I came up in the field of communications, I was privileged to be taught by some of the best – both LCA reporters and former colleagues. And while I took away different lessons from different people, there was one maxim that was universally held – “don’t lie!”

To be clear, “don’t lie,” didn’t mean offer the complete utter truth all the time. It didn’t mean return every press call or for that matter answer every question (God forbid). What it did mean, or what it used to mean, is that if you lied, your credibility would be lost, shot, kaput and your ability to be effective with the press would be over.

In the wake of what I have seen over the past few years, culminating in this year’s presidential election, that essential lesson seems like a quaint and outdated ideal. 

Over the past few weeks I can’t tell you the number of people, from the left and right, who have expressed their admiration for the job done by Kellyanne Conway, Jason Miller and much of the Trump press team. I have to admit their performance was intelligent, professional and stunningly effective – it also was often completely the opposite of what their candidate was saying. Everyday we were treated to the phrase “what he really means” as if somehow we were all profound idiots, unable to interpret the true meaning of a message usually less than 140 characters long.

Sadly the media, especially the television news ate it up allowing Conway and team to become the reassuring voice to the so-called establishment, while Trump continued to say whatever he wanted, when he wanted. It was a campaign waged in two different languages and by the end we were treated daily to two competing, yet strategically complimentary messages: the “what he said,” and then, the “what he really means.” If Dick Morris and Bill Clinton perfected the slick art of triangulation, Team Trump simplified it to a coarse duality.

To be clear, despite all the hand wringing, this phenomenon didn’t start with Donald Trump–he just took it to another level. The elected officials, the corporate mouthpieces, the NGO’s (who each year grow more brazen with their lies), and those in the fourth estate that invest credibility in the liars are all part and parcel of the problem.

Indeed, it seems voters have already grown immune to it. Having heard so much baloney over the years, they expect their politicians–including Trump–to lie. Much as Elena Gorokhova, wrote of her life growing up in the Soviet Union,“The rules are simple: they lie to us, we know they’re lying, they know we know they’re lying, but they keep lying to us, and we keep pretending to believe them.”

I don’t pretend to know the answer, but as the media soul searches for how to “cover President Trump,” they need to be looking a lot closer to home in the stories that get covered everyday.

The notion that we live in a #PostTruth world is disturbing. There are facts. There is in most things an objective reality and if we lose our hold on that, I fear for our politics and our society. More importantly and most troubling, it would come as no surprise that those who obtain great power, in-part through lies, are certainly capable of the perjury to sustain it.

Today, there are candidates and consultants, Democrats and Republicans alike emboldened by Trump’s victory asking the question: does the truth matter? I know one thing: once you abandon the truth your options are far greater and much easier. There is no need to be obtuse or clever, let alone endure – or worse, make others endure – the banality of being repetitive or mundane. Finally, there is no need to ask reporters to divine some measure of truth from what is carefully unspoken. There is no subtlety or nuance in the #PostTruth world  – there is simply an ends and a means.   

 

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Deep Breaths

Take a deep breath everyone, step awaaaaay from the Twitter – Donald Trump has been elected President and the world has not ended. While it’s fair to say this has been one of the most dispiriting campaigns in my lifetime – the truth is that his election is a watershed opportunity to reclaim our system. When I say reclaim, I don’t mean from the Democrats or liberals or for that matter from Republicans or conservatives – I mean from the incestuous cross-section of the financial, media and political establishment that has long been gaming this system for their own purposes.

To some degree the campaign was a microcosm of what ails our process. Today, much of the mainstream media is wringing their hands about the results – yet is was the media’s coverage of a reality TV star that set the train in motion. They breathlessly followed every twist and turn, minute by minute. Broadcasting, analyzing and pontificating on every Trumperance – ultimately delivering over $2 billion in free media coverage to the Trump campaign. To have some perspective, the next closest GOP candidate, Jeb Bush, received only $214 million in earned media – just over 10% of the amount. Quite a difference, especially when considering all these same news outlets over and over predicted Trump can’t win!

While Fox led the way in skewing coverage when it came to the GOP, aka the Fox primary, all the media left and right got in on the act. Morning Joe created this new low standard of the “Trump call in” with Joe twisting himself to legitimize Trump’s positions only later to find some faux outrage. Trump is great TV and ratings soared. CBS CEO Les Moonves said it himself, “Donald Trump might not be good for America, but he’s great for the bottom line,” as record advertising revenues were scored by the cable and network new divisions.

But after cashing all those advertising checks, the same media that skewed coverage one way, decided it was time to drag Hillary across the finish line. When it came it to trying to finally settle the outcome of the election it was NBC that suddenly, mysteriously unearthed “the lost” Access Hollywood tapes in an October surprise. Unfortunately for supporters of team Clinton, NBC released the tapes too early allowing Trump to weather the storm, stabilize and finally for Hillary to be outdone and ultimately undone by none other than Anthony Weiner.

When it comes to Comey – I might be wrong, but my sense was he was put between a rock and a hard place when investigators found Clinton emails on Weiners’ computer. What might, under normal circumstances, have been managed quietly was blown up because if Preet knew of the emails, there was no certainty of when the rest of the world might know. Facing this uncertainty and after promising Congress he would notify them of any new developments – Comey had basically no choice. Comey didn’t cost Clinton the election – if anything Huma and Anthony did.

For the press, reporting the objective truth was more elusive and yes more challenging than ever. Watching Trump say one thing and then his team scramble to calmly explain what “he really meant” in 180 degree fashion was both disturbing and amazing to watch at the same time. Kudos to Conway and Miller for interpreting Trump-speak into reasonable sound bites, even if the dissonance was often jarring, But sadly it reflects the world we live in today.

Double standards, double talk and hypocrisy have become the norm and they have taken their toll on the electorate. 10 years after the greatest economic calamity since the Great Depression not one person responsible has gone to jail. Just this year, Wells Fargo brazenly ripped of hundreds of thousands of account holders – yet the CEO walks away with a golden parachute. Many of our elected officials simply pick and choose which laws they choose to follow. Federal indictments are handed down in Nassau County mere weeks before an election. And the state’s top law enforcement office holds the Trump Foundation to one standard and the Clinton Foundation to another. Is it any surprise that voters are just a bit cynical when it comes to sorting out what’s important and what’s not? What’s the truth and what’s not?

Finally, when it came to the political establishment what a disaster. In a year when 16 rock ribbed establishment Republicans envisioned their own pathways to the White House all but one, George Pataki, hid for months while the 17th, Trump, built momentum toward the nomination. One after another, GOP candidates made the cynical miscalculation, much like the pundits, that the next misstep will take Trump down and their campaign would be there to pick up his voters. Jeb Bush’s PAC spent close to $100 million attacking Marco Rubio – not one campaign with resources focused on taking out Trump until it was too late.

For the Democrats, Wikileaks proved the conspiracy to undermine Bernie Sanders was real and was devastating to the Clinton effort. And as much as Trump was over reported by the media, Sanders, who was very much inspiring his own populist uprising, was largely dismissed and underreported. We can’t underestimate the impact of this disparity on the Democratic primary. Ironically, in many ways Clinton actually looked more like a Republican, certainly more establishment than Trump ever did. Her coziness with Wall Street, her experience voting for and overseeing two failed wars, her shifting support for free trade and her apparent wealth all could of easily landed her in a GOP primary. Is it any wonder she had a difficult time turning out the Obama coalition?

So now what? In the days after election I’ve heard of hispanic grade school students crying for fear that they might be deported, of mothers numb as to what it means for their daughters, a number of reporters genuinely concerned with rising anti-semitism and pundits one and all shocked that “this is not their America.” Their concerns, their fears are real and we must all be on guard for those elements of hate in our society that conflate an election result that acknowledges America’s tough problems with an acceptance of intolerance. But at the same time, this tendency to lump all Trump voters in with racists, homophobes or the general “basket of deplorables” is also unacceptable.

Finally, for those Democrats, liberals and independents who think it’s the end of the world, remember thrice married Donald Trump is not exactly a christian fundamentalist, he voted for John Kerry in 2004, was pro-choice long before he was pro-life and actually in the campaign set aside issues like gay marriage. Donald Trump is not a conservative and not an ideologue – he is real estate developer, a master marketer and ultimately a deal maker.  And while his temperament on the trail has left many of us concerned – only he knows how much of it was showmanship and how much of it was authentic. The truth is Trump seems equally as genuine denouncing Hillary as “crooked” as he does praising her as “lovely” and “tough.”

From repairing the promise of the American Dream for middle America, to reclaiming our inner cities to fixing our broken immigration system – there are tough challenges ahead. Challenges that have eluded establishment Democrats and Republicans alike, the professionals that have formulated their policies and the special interests that have funded them. For the past 18 months Trump has colored outside the lines. He did not campaign within the boundaries of what had been accepted practice – to fix America, he’s going to have to do the same thing.

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When it Comes to Campaign Finance Reform, It’s Time to Play Ball

Play Ball – no it’s not the start of the baseball season, that’s sadly still a few weeks away; it’s a different kind of game.  It’s a game of influence and perception at the heart of one of the more contentious issues in Albany, campaign finance reform.

It’s become increasingly clear that the staggering amounts of money in politics has distorted the electoral process, depressed voting and increased the power of special interest groups sometimes leading to the out-and-out corruption that has jaundiced the public’s view of their government.

But because of Citizens United and subsequent Supreme Court rulings, donating money, even incredibly large sums of it, as a means to express one’s views is protected by our Constitution.

Further, while there is no shortage of campaign donations, there is a decided shortage of voting. Record campaign spending has translated into record low turnout – with the last two major New York elections drawing abysmal voter participation rates.

The main thrust of the Democrat response to these issues is typical – spend more of someone else’s money. Most of their proposals involve taking taxpayer dollars and distributing them along the lines of the corrupt New York City (NYC) campaign finance model. The NYC system is a travesty which has been perverted into a tool for incumbents and cronyism. Worse, the board that administers the system is some kind of Star Chamber above the law and even routine media inquiries.

For their part, Republicans have been largely silent on this issue, holding their collective breath hoping that no one notices that they have no ideas, not even bad ones, to try to reshape the electoral playing field to foster more real competition. As fiscal conservatives they oppose more spending and as a minority party they fear the imposition of a NYC system that decidedly favors incumbents.

There is a solution that doesn’t require spending hundreds of millions in public funds and we need to look no further than the Bronx for inspiration. It’s time we placed a soft cap on campaign spending and get more voters in the game by establishing a refundable voter contribution tax credit. How would it work?

In 2003, in an effort to promote competitive balance and the overall health of the sport, Major League Baseball (MLB) instituted a soft cap on team spending.  It requires that when a team exceeds the cap a “luxury tax” or what the league calls a “Competitive Balance Tax” is levied on its payroll. The purpose of the luxury tax is to prevent teams with high incomes or wealthy owners from simply cornering the market on talented players and destroying the “competitive balance” of the league.

In MLB a team that exceeds the spending cap incurs a surcharge or a tax equal up to 50% for every dollar of payroll above the recommended level.  Those funds are redistributed for various league purposes including as support to other lower-income teams in an effort promote competitive balance.

A soft cap on statewide campaign spending can achieve the same result. Candidate campaigns, including the advocacy spending of outside groups, which cumulatively spend beyond established guidelines, would be subject to a luxury tax. Donors can still give as much as they want. Campaigns, like the teams, can still spend what they want, as much as they can raise, but at a price. Fifty cents of every dollar spent that exceeds the soft cap would be dedicated to enhanced enforcement and increasing voter turnout. Let’s face it; no one wants to fund someone else’s campaign – the effect of a soft cap on limiting deep pocketed donors and outside spending could be enormous.

To address abysmal voter participation, let us incentivize the behavior by establishing a $50 refundable tax credit for contributions to support the statewide candidates who best represent their interests on issues. The credit would benefit all New Yorkers and be available to statewide candidates up to the soft cap established for the race. It would encourage voter engagement in the democratic process which hopefully would extend beyond statewide elections.

Finally, to be effective this approach would require real-time disclosure of campaign donations and spending which is a critical reform whose time has come.

“Competitive balance” or a more even playing field – isn’t that the bottom of line what all New Yorkers want to see in our elections?

A more even playing field doesn’t guarantee winners and losers. The Yankees (aka incumbents, Democrats and self funders) will always have a better chance of winning. Just like the luxury tax doesn’t guarantee victory for the Mets (aka challengers and Republicans) – but it gets them in the game, and that is what voters deserve.