WEBVTT - A Broad Church: BRK/A, OpenAI, Medicaid

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<v Speaker 1>Bloomberg Audio Studios, podcasts, radio news. I've been up since

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<v Speaker 1>like three point thirty this morning because I saw a

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<v Speaker 1>raccoon and barked at him, and then we have to

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<v Speaker 1>go outside and chase the raccoon.

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<v Speaker 2>And that took.

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<v Speaker 1>That just woked me up, and then I just didn't

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<v Speaker 1>get back to sleep. I get it pretty early anyway.

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<v Speaker 2>That's brutal.

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<v Speaker 1>My kid's got to boss them. Mostly, I have always

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<v Speaker 1>been pretty good sleepers. The dogs turn today.

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<v Speaker 2>I feel like we should note that we're in two

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<v Speaker 2>separate places right now.

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<v Speaker 1>We're in two separate places. I'm in the Bloomberg podcast studio,

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<v Speaker 1>which is really cool.

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<v Speaker 2>I'm at home, so I actually feel somewhat prepared for this, which.

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<v Speaker 1>Is oh wow. I don't. It's gonna be great. It's

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<v Speaker 1>gonna be all you.

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<v Speaker 2>I don't feel that prepared. But let's let's dive in. Hello,

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<v Speaker 2>something huge, Oh wait, we have to we have.

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<v Speaker 1>To do you don't have to go ab something huge.

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<v Speaker 2>Happened, something huge, the introduction. People know who we are,

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<v Speaker 2>we speak for ourselves.

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<v Speaker 1>Hello's Somebody's the thodcast, the stuff with the money. I'm mad,

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<v Speaker 1>let's kitty, let's go all.

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<v Speaker 2>Right, let's go Warren Buffett.

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<v Speaker 1>Wow, I tell you it happened over the weekend. Berkshire Hathaway.

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<v Speaker 1>Cheryloy reading Warren Buffer was like, by the way, I'm

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<v Speaker 1>out at the end of the year, and you know,

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<v Speaker 1>as happens on the weekend. I'm like, I got to

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<v Speaker 1>write about this. On Monday, my WORFA was like, this

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<v Speaker 1>really news. It's a ninety four year old man retiring.

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<v Speaker 2>It's like, yeah, it is kind of funny and charming.

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<v Speaker 2>How shocking it was, I mean not shocking, but still

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<v Speaker 2>the only theme. Everyone was surprised, even though we also

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<v Speaker 2>knew who his successor was going to be. Yeah, because

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<v Speaker 2>it's been teased since like twenty twenty one.

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<v Speaker 1>Not to be morbid, but like, if you are well regarded,

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<v Speaker 1>successful person who is working successfully at age ninety four,

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<v Speaker 1>people have a reason not to expect you to retire.

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<v Speaker 1>That's like I'm going to be carried out, you know.

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<v Speaker 1>So it's interesting that is your time.

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<v Speaker 2>But at the same time, I feel like one of

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<v Speaker 2>your legacies will be how well you pick your successor.

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<v Speaker 1>That's true, but you're right, I mean, we knew who

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<v Speaker 1>the successor was, but yeah, it's like having a sort

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<v Speaker 1>of orderly transition is useful.

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<v Speaker 2>I kind of want to talk about Craig Abel. I

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<v Speaker 2>mean not to be disrespectful to Warren Buffett, but he's

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<v Speaker 2>interesting in that he doesn't have much of an investing background.

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<v Speaker 2>Like you think about do you think about Charlie Munger,

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<v Speaker 2>you think about Warren Buffett, you think about fantastic investors,

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<v Speaker 2>And he doesn't necessarily have that resume. He's more of

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<v Speaker 2>an operator, like a business operator.

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<v Speaker 1>It's so unique to have a big company that is

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<v Speaker 1>sort of best known as a vehicle for a guy's

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<v Speaker 1>stock picks, and like the guy who made the stock picks,

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<v Speaker 1>it's really good at making stock picks, right, And so

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<v Speaker 1>it's like there's a lot of value created in that company.

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<v Speaker 1>But also you know, they bought a lot of companies

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<v Speaker 1>that they operate and manage, and it would be surprising

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<v Speaker 1>if they took that giant company and transitioned it to

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<v Speaker 1>like the second greatest stockpicker ever, right, Like it sort

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<v Speaker 1>of makes sense to be like, well, like railroads and transcommusation,

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<v Speaker 1>we should make the CEO a guy who knows how

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<v Speaker 1>to run railroads and hopefully the stock picking will take

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<v Speaker 1>care of itself. But like it would be weird if

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<v Speaker 1>they picked a guy with a stockpicking back gund because

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<v Speaker 1>you'd have to run a company.

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<v Speaker 2>Yeah, that's what he's going to do. I mean, I

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<v Speaker 2>read something I forget who it was from which publication,

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<v Speaker 2>but you know, you think about Berkshire Hathaway. It has

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<v Speaker 2>lessened its reliance on like the insurance side of things.

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<v Speaker 2>It's a lot of the energy business now, and that's

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<v Speaker 2>obviously where greg Abel, that's his sandbox. At the same time, though,

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<v Speaker 2>it is fun to think about what Berkshire Hathaway under

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<v Speaker 2>greg Abel could look like. There's a lot of speculation

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<v Speaker 2>that maybe we could see some spin offs. It's this huge,

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<v Speaker 2>sprawling conglomerate with like four hundred thousand employees. Do you

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<v Speaker 2>start to break things apart a little bit? So far,

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<v Speaker 2>greg Able seems to be saying that obviously they're going

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<v Speaker 2>to continue on the track they're on. But it's fun

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<v Speaker 2>to imagine.

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<v Speaker 1>It's pretty early days for him since.

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<v Speaker 2>He's not in charge, you know, but he's had a

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<v Speaker 2>long time to think about it. And it's true it

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<v Speaker 2>doesn't take over until January first of twenty twenty six,

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<v Speaker 2>but I don't know. I imagine in his idle day dreams,

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<v Speaker 2>he thinks about what he's going to do.

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<v Speaker 1>It is in so many ways a weird company, including

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<v Speaker 1>just being a sprawling conglomerate is not really you know,

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<v Speaker 1>hasn't been in vogue for forty years now. And there

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<v Speaker 1>are a lot of things that Berkshire gets away with

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<v Speaker 1>or like is beloved for because of Warren Buffett's presence.

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<v Speaker 1>But without Warren Buffett's presence, you know, at some point

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<v Speaker 1>someone's gonna be like, wow, we could use capital more efficiently.

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<v Speaker 1>We could you know, have a cleaner story to tell

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<v Speaker 1>toone because the story you tells the investors now was like, ah,

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<v Speaker 1>look it's Warren Buffett, right, but like you can't tell

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<v Speaker 1>that story anymore, and then you have to tell a

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<v Speaker 1>story like you know, ooh or an energy company or whatever. Right,

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<v Speaker 1>you go from having this very straightforward, very widely appealing

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<v Speaker 1>story about Berkshire Hathlo to being like, well, we do

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<v Speaker 1>mobile homes and you know we have candy candy, Yeah,

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<v Speaker 1>we want a big chunk of apple for some reason.

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<v Speaker 1>You know, it's like when it's like all of this

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<v Speaker 1>disparate stuff is stuff that Warren Buffett likes. Everyone, Oh,

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<v Speaker 1>Warren Buffett likes it, but it's like all this disparate

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<v Speaker 1>stuff that Warren Buffett liked a long time ago, then

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<v Speaker 1>it's like a less compelling story.

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<v Speaker 2>Also a question maybe they'll have to confront is you know,

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<v Speaker 2>we don't pay a dividend, which is fine because you

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<v Speaker 2>had Warren Buffett there, But now maybe they'll start paying

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<v Speaker 2>a dividend. I don't know.

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<v Speaker 1>Yeah, it's the thing I think about a lot, right,

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<v Speaker 1>Like I write often a headline, a section header. People

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<v Speaker 1>are worried about stock buybacks, right Like, there's this idea

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<v Speaker 1>that like, either a company allocate's capital, right like, it

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<v Speaker 1>has money and it uses that to invest in building

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<v Speaker 1>factories or buying other companies or doing whatever it does

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<v Speaker 1>with the capital, or it returns the capitol to shareolders

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<v Speaker 1>and says you would do a better job of investing

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<v Speaker 1>this capital than we would. Right Nobody is agitating for

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<v Speaker 1>Berkshire to return capital. The shit sareholders because if you're

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<v Speaker 1>an investor in Berkshire, you're not buying a piece. You're like, oh,

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<v Speaker 1>I'm making you like a very focused bet on like

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<v Speaker 1>energy or whatever. Right You're not like I just want

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<v Speaker 1>like their energy exposure. You're buying because you want Warren

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<v Speaker 1>Buffet exposure. And you're buying it because you're certain that

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<v Speaker 1>Warren Buffett is a better alligator of capital than you are. Right,

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<v Speaker 1>you're buying it because you want Warren Buffett, you know

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<v Speaker 1>who has the giant cash pile. You're willing to wait

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<v Speaker 1>around until he finds what he wants to do with

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<v Speaker 1>that cash pile because you're certain that he's going to

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<v Speaker 1>do a better job invest in that cash pile than

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<v Speaker 1>you are. But like most companies, there's some shareholder agitation

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<v Speaker 1>to say, look, you CEO of a company, if you

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<v Speaker 1>hang on to a lot of cash, you'll probably to

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<v Speaker 1>play it in some wasteful way. You'll probably like do

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<v Speaker 1>some vanity project or like invest in some dumb idea.

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<v Speaker 1>You should returned the cash to shareholders, and the shareolders

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<v Speaker 1>will do a better job of figuring out what to

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<v Speaker 1>do with the cash then you will. Yeah, and once

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<v Speaker 1>Warren Buffet Lelys called those normal pressures kind of come

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<v Speaker 1>into play.

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<v Speaker 2>For those keeping track at home, the cash pile is

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<v Speaker 2>currently a like three hundred and fifty billion dollars, so

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<v Speaker 2>it's quite a bit.

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<v Speaker 1>That's a big dividend.

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<v Speaker 2>I'm interested to see what happens to the shares in general.

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<v Speaker 2>We talk about the so and so premium on the

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<v Speaker 2>show frequently. Usually it's the Elon Musk premium. In this

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<v Speaker 2>case it's the Warren Buffett premium, which ties into the

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<v Speaker 2>discussion over the dividend nicely.

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<v Speaker 1>Yeah, I don't have a great empirical sense of how

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<v Speaker 1>big the Warren Buffet premium is. I've heard people argue

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<v Speaker 1>that it has historically been large and it's smaller now

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<v Speaker 1>because even like three months ago, like you were discounting

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<v Speaker 1>your relatively short period of the Warren Buffett premium, right,

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<v Speaker 1>You're like, well, Warren Buffett will be investing this money

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<v Speaker 1>for some period of time, but not perpetuity. But yeah,

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<v Speaker 1>it's interesting to see what the Buffet premium will sort

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<v Speaker 1>of watch out to be.

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<v Speaker 2>So we're talking about greg Abel, the successor to Moren

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<v Speaker 2>Buffett in Berkshire Hathaway, but perhaps a less formula has

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<v Speaker 2>also emerged this week. Can I guess, please.

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<v Speaker 1>Guess?

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<v Speaker 2>Friend of the show, black Man Bill Ackman. He's executive

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<v Speaker 2>chairman of Howard Hughes. He finally did.

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<v Speaker 1>He's striking while the iron is hot, Like these are

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<v Speaker 1>like simultaneous actions, right, like he like strike his deal

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<v Speaker 1>with Howard Hughes to take like almost control forty.

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<v Speaker 2>Seven of Howard Hughes holdings. So he is weighing plans

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<v Speaker 2>to build and insure expand the real estate company's remit

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<v Speaker 2>and as he stated plenty of times before, he's trying

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<v Speaker 2>to basically model himself after Berkshire, Hathaway become a modern

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<v Speaker 2>day Berkshire. And the timing was interesting. Buffett announced this

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<v Speaker 2>over the weekend and then this news for Bill Ackman

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<v Speaker 2>broke on Monday. So maybe they just guess at the

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<v Speaker 2>time their real rush.

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<v Speaker 1>To get get it done, Like it's like twenty four

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<v Speaker 1>hours to start the new.

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<v Speaker 2>Four hour turnarounds.

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<v Speaker 1>Yeah, it is like Berkshire in the sense that it

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<v Speaker 1>is not an insurance company that he is acquiring control

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<v Speaker 1>of in order to eventually at an insurance company like Berksure.

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<v Speaker 1>Hathway started as a textile company and then like you know,

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<v Speaker 1>a wired insurance and insurance turned out to be a

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<v Speaker 1>big part of Buffet's success, right because you have like

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<v Speaker 1>the sort of like cheap non callable leverage that allows

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<v Speaker 1>you to make a lot of interesting bets. The Lackman

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<v Speaker 1>would also like to do that but acquiring and ensure

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<v Speaker 1>it would be too easy, so he acquired a real

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<v Speaker 1>estate company to build his Berkshire out of. I don't know, Yeah,

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<v Speaker 1>it is interesting to me as a guy who like

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<v Speaker 1>reads and writes about like hedge funds and high ricercy

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<v Speaker 1>trading prims and stuff. How are the eard Warren Buffett

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<v Speaker 1>is for doing this like really old school thing, which

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<v Speaker 1>is like fundamental analysis, long term buy and hold long

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<v Speaker 1>investing in stocks.

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<v Speaker 2>Right.

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<v Speaker 1>I mean he also, you know, as we're talking about,

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<v Speaker 1>like he also runs a conglomerate, right, and there's a

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<v Speaker 1>lot of operating businesses there. But like he's famous for

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<v Speaker 1>being like ooh, I like coke. I'll buy coke and

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<v Speaker 1>coke COO's op. Right, and he holds it for decades.

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<v Speaker 1>And when you look around it like people who are

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<v Speaker 1>financial celebrities these days forty years ago, like Warren Buffett

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<v Speaker 1>was the best of a group of people who are

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<v Speaker 1>competitors in that business. Right, Like you know you would

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<v Speaker 1>comp him to like celebrity mutual fund managers. Right, but

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<v Speaker 1>you look at it like financial celebrities these days, there's

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<v Speaker 1>not a lot of that, you know, It's mostly like

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<v Speaker 1>people who run hedge funds and are not giving you

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<v Speaker 1>long exposure to large cap equities, but that they are

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<v Speaker 1>doing some more complicated, more market neutral, more like alpha

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<v Speaker 1>generating thing. Stockpickers not stock pickers, and certainly not like

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<v Speaker 1>very long term stockpickers. And the guy who has really

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<v Speaker 1>positioned himself as being that is Bill Ackman, right, Like

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<v Speaker 1>you look at his fund and it's you know whatever,

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<v Speaker 1>it's like twelve or fourteen names that don't turn over

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<v Speaker 1>that often, right, And I'll tell you know, they do

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<v Speaker 1>derivative stuff on the side to the kind of like

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<v Speaker 1>smooth returns, but like the main business is like long

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<v Speaker 1>term fundamental stock picking. So it is interesting that he

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<v Speaker 1>wants to get into the Warren Buffett game and he's

0:10:51.960 --> 0:10:54.480
<v Speaker 1>like the only person who's doing the thing that Warren

0:10:54.480 --> 0:10:56.120
<v Speaker 1>Buffett was doing, which I think is you know, kind

0:10:56.120 --> 0:10:58.480
<v Speaker 1>of passe in many respects, but you know, it still

0:10:58.559 --> 0:10:59.720
<v Speaker 1>has an obvious appeal.

0:11:14.880 --> 0:11:18.120
<v Speaker 2>If you thought the Berkshire Hathaway was an unusual company

0:11:18.240 --> 0:11:21.920
<v Speaker 2>not a normal company, boy, do I have a corporate

0:11:22.000 --> 0:11:23.559
<v Speaker 2>structure for you? Open ai.

0:11:24.120 --> 0:11:26.640
<v Speaker 1>See I think that open aa is a normal tech company,

0:11:26.840 --> 0:11:30.360
<v Speaker 1>Like I think open a is totally normal. Open Ai

0:11:31.120 --> 0:11:35.640
<v Speaker 1>is a private tech company that is backed by venture capitalists.

0:11:35.720 --> 0:11:38.800
<v Speaker 1>And also Microsoftware is a big stake and like Softing, Right,

0:11:38.840 --> 0:11:41.320
<v Speaker 1>so the classic capital structure except for Microsoft like venture

0:11:41.320 --> 0:11:43.440
<v Speaker 1>capitalist and has like a giant slug up money from Softing,

0:11:43.920 --> 0:11:47.720
<v Speaker 1>and it is run by a charismatic visionary CEO, Sam Altman,

0:11:48.280 --> 0:11:55.120
<v Speaker 1>And the explicit proposition of the company to like investors is, look,

0:11:55.160 --> 0:11:58.559
<v Speaker 1>we're not going to like be focused on maximizing profits

0:11:58.600 --> 0:12:00.320
<v Speaker 1>for you in the short term. We're not going to

0:12:00.360 --> 0:12:03.680
<v Speaker 1>be run as a business. We have a vision about

0:12:03.679 --> 0:12:05.920
<v Speaker 1>what is good for humanity, and we're going to pursue

0:12:05.960 --> 0:12:07.760
<v Speaker 1>that long term vision. And when I say we, I

0:12:07.760 --> 0:12:09.520
<v Speaker 1>mean Sam Altman has a vision for what is good

0:12:09.520 --> 0:12:11.199
<v Speaker 1>for humanity and he's going to pursue that long term

0:12:11.240 --> 0:12:15.320
<v Speaker 1>vision and shareholders will not have much ability or desire

0:12:15.440 --> 0:12:18.080
<v Speaker 1>to meddle with that in the pursuit of short term profits.

0:12:18.120 --> 0:12:21.360
<v Speaker 1>And that's like very explicitly the proposition that like Facebook

0:12:21.400 --> 0:12:23.720
<v Speaker 1>put in its ip of perspectives, and that has become

0:12:23.760 --> 0:12:26.320
<v Speaker 1>like standard in Silicon Valley, right, It's like what you

0:12:26.440 --> 0:12:31.280
<v Speaker 1>want as a venture capitalist is a visionary CEO with

0:12:31.400 --> 0:12:34.960
<v Speaker 1>a like mission that is not the short term pursuit

0:12:34.960 --> 0:12:37.680
<v Speaker 1>of profit but has some grand vision of like humanity's

0:12:37.679 --> 0:12:40.200
<v Speaker 1>future and you want to invest in that and kind

0:12:40.200 --> 0:12:41.960
<v Speaker 1>of like take your hand off the wheel and let

0:12:41.960 --> 0:12:47.120
<v Speaker 1>the visionary CEO cook. And that's what's happening here. But

0:12:47.160 --> 0:12:49.959
<v Speaker 1>it's like it's like a nonprofit. There's like all this stuff,

0:12:50.559 --> 0:12:53.640
<v Speaker 1>but like that's what's happening, right. Like the news is

0:12:53.640 --> 0:12:57.720
<v Speaker 1>that like open Aye is a nonprofit that controls a

0:12:57.720 --> 0:13:00.800
<v Speaker 1>for profit basically, and they were going to convert to

0:13:00.800 --> 0:13:03.080
<v Speaker 1>being a regular for profit and now they're not, and

0:13:03.200 --> 0:13:05.959
<v Speaker 1>instead they're gonna be you know, there's gonna be like

0:13:06.000 --> 0:13:08.080
<v Speaker 1>a for profit company and it's gonna be pretty normal,

0:13:08.120 --> 0:13:10.960
<v Speaker 1>and it's gonna have shareholders and one of the big

0:13:10.960 --> 0:13:14.559
<v Speaker 1>shareholders will be the open AI nonprofit. But the nonprofit

0:13:14.600 --> 0:13:17.240
<v Speaker 1>will control it, right, it will have I've said it'll

0:13:17.240 --> 0:13:20.320
<v Speaker 1>have super voting shares something that like rhymes with that, right,

0:13:20.360 --> 0:13:22.199
<v Speaker 1>Like maybe it'll have super voting shares. Maybe it'll have

0:13:22.200 --> 0:13:24.240
<v Speaker 1>a contractual right to appoint the board, but it'll appoint

0:13:24.240 --> 0:13:28.400
<v Speaker 1>the board of the for profit. And you know who

0:13:28.440 --> 0:13:31.719
<v Speaker 1>will run the nonprofit, Well, there's a nonprofit board and

0:13:31.760 --> 0:13:33.960
<v Speaker 1>like the board will sort of perpetuate itself, right, Like

0:13:34.000 --> 0:13:36.360
<v Speaker 1>the current board will pick future board members, and like

0:13:36.400 --> 0:13:39.640
<v Speaker 1>the board is like I don't want to say handpicked

0:13:39.679 --> 0:13:42.200
<v Speaker 1>by Sam Altman, but like there was a nonprofit board

0:13:42.240 --> 0:13:44.199
<v Speaker 1>that fired Sam Altman and then he came back, and

0:13:44.240 --> 0:13:46.080
<v Speaker 1>as a condition of him coming back, he fired that

0:13:46.120 --> 0:13:49.840
<v Speaker 1>board and replaced it with his board. So you know,

0:13:50.480 --> 0:13:53.520
<v Speaker 1>who's gonna disagree with his vision of what's best for humanity?

0:13:53.600 --> 0:13:56.640
<v Speaker 1>Like SoftBank probably not so. I just think it's like

0:13:56.679 --> 0:13:58.679
<v Speaker 1>a very normal tech company with like a lot of

0:13:58.960 --> 0:14:02.120
<v Speaker 1>weird like thing. Yeah, it's a story that like you've

0:14:02.120 --> 0:14:03.760
<v Speaker 1>heard before about Facebook.

0:14:03.360 --> 0:14:05.360
<v Speaker 2>You know, I find it a little bit exhausting, Like

0:14:05.400 --> 0:14:08.440
<v Speaker 2>the lip service. Maybe it's not lip service, but that

0:14:08.640 --> 0:14:12.240
<v Speaker 2>these visionary founders pay to like bettering humanity makes a

0:14:12.280 --> 0:14:14.480
<v Speaker 2>little bit more sense when you're talking about the mission

0:14:14.480 --> 0:14:17.920
<v Speaker 2>of open Ai. The mission of Facebook is pretty rich.

0:14:18.040 --> 0:14:19.840
<v Speaker 2>I mean when you phrase it that way, it just

0:14:19.840 --> 0:14:20.720
<v Speaker 2>sounds like another form.

0:14:20.760 --> 0:14:23.040
<v Speaker 1>I believe it in some form, you know, it's.

0:14:24.000 --> 0:14:26.080
<v Speaker 2>It kind of it rhymes with it.

0:14:26.080 --> 0:14:28.560
<v Speaker 1>It's like very grandiose, right, Yeah, it's in many ways

0:14:28.560 --> 0:14:32.320
<v Speaker 1>like one person's idiosyncratic vision of benefiting humanity. Right, there's

0:14:32.320 --> 0:14:35.440
<v Speaker 1>a broad category of ways that AI can go where

0:14:35.480 --> 0:14:37.560
<v Speaker 1>Sam Altman will be like that was great for humanity,

0:14:37.560 --> 0:14:39.320
<v Speaker 1>and everyone else will be like, no, it wasn't right,

0:14:39.400 --> 0:14:41.720
<v Speaker 1>Like that's like a distinctly possible outcome.

0:14:42.040 --> 0:14:45.240
<v Speaker 2>Yeah, so how it stands right now? So Sam Altman

0:14:45.440 --> 0:14:50.160
<v Speaker 2>wanted to completely separate from the nonprofit board his nonprofit

0:14:50.240 --> 0:14:54.280
<v Speaker 2>over verseers. That's not happening. They're now a PBC, which

0:14:54.800 --> 0:14:57.440
<v Speaker 2>it seems like wasn't a common structure until you started

0:14:57.480 --> 0:14:59.920
<v Speaker 2>seeing these AI labs.

0:15:00.320 --> 0:15:02.360
<v Speaker 1>Yeah, there were a bunch of them. Like it's been

0:15:02.400 --> 0:15:04.200
<v Speaker 1>a thing for like more than a decade.

0:15:04.280 --> 0:15:04.520
<v Speaker 2>Nap.

0:15:04.600 --> 0:15:07.600
<v Speaker 1>Yeah, the non open AI AI labs got really into

0:15:07.760 --> 0:15:10.520
<v Speaker 1>being public benefit corporations. The idea of a PBC is

0:15:10.560 --> 0:15:13.680
<v Speaker 1>that you can run the company. The board can run

0:15:13.680 --> 0:15:16.280
<v Speaker 1>a company with like the explicit ability to consider things

0:15:16.280 --> 0:15:18.680
<v Speaker 1>other than shareholders right to consider the good of humanity,

0:15:18.920 --> 0:15:20.600
<v Speaker 1>which I kind of think companies can do. Anyway, I

0:15:20.840 --> 0:15:23.040
<v Speaker 1>don't know how material it is to be a PBC,

0:15:23.640 --> 0:15:25.480
<v Speaker 1>I mean, reading between the lines, just the teeny bit.

0:15:25.680 --> 0:15:27.840
<v Speaker 1>They wanted to be a for profit company where the

0:15:27.840 --> 0:15:32.200
<v Speaker 1>nonprofit board owned a minority of the shares and a

0:15:32.280 --> 0:15:36.720
<v Speaker 1>majority of the directors were elected by normal shareholders, and

0:15:38.600 --> 0:15:42.120
<v Speaker 1>what they have now gotten is that, except that the

0:15:42.160 --> 0:15:45.320
<v Speaker 1>nonprofit board controls the for profit board controls the you know,

0:15:45.440 --> 0:15:49.040
<v Speaker 1>as a majority of voting stake in the for profit company,

0:15:49.080 --> 0:15:50.520
<v Speaker 1>and so it gets to a point the board of

0:15:50.520 --> 0:15:53.040
<v Speaker 1>the for profit company. But it's a pretty minor difference,

0:15:53.080 --> 0:15:56.320
<v Speaker 1>I think, well, sorry, it's not a minor difference. It's

0:15:56.360 --> 0:15:59.000
<v Speaker 1>a minor structural difference. It's a major difference whether the

0:15:59.000 --> 0:16:01.440
<v Speaker 1>company is sort of alter controlled by a board answerable

0:16:01.480 --> 0:16:06.160
<v Speaker 1>to shaholders, or ultimately controlled by a board you know,

0:16:06.640 --> 0:16:10.320
<v Speaker 1>answerable to the good of humanity as somewhat filtered through

0:16:10.400 --> 0:16:12.000
<v Speaker 1>Sam Maltman's visions.

0:16:12.480 --> 0:16:14.920
<v Speaker 2>I don't know. Again, it kind of reminds me of

0:16:15.400 --> 0:16:18.320
<v Speaker 2>ESG because you think about oil companies getting dinged for

0:16:18.480 --> 0:16:22.280
<v Speaker 2>not prioritizing shareholders and starting to like care about the environment.

0:16:22.760 --> 0:16:25.760
<v Speaker 2>Maybe if they were PBCs, they would be insulated from

0:16:25.760 --> 0:16:26.480
<v Speaker 2>those critiques.

0:16:26.720 --> 0:16:28.240
<v Speaker 1>Yeah. I think it'd be hard to convert a whole

0:16:28.240 --> 0:16:30.720
<v Speaker 1>company to a PBC, but it would be interesting to try.

0:16:30.960 --> 0:16:33.200
<v Speaker 2>Yeah, it would be fun. If I were starting a

0:16:33.240 --> 0:16:36.520
<v Speaker 2>company right now, I would probably structure myself as a PBC.

0:16:36.720 --> 0:16:38.960
<v Speaker 2>It seems like it just gives you a layer of protection.

0:16:39.280 --> 0:16:41.760
<v Speaker 1>Yes, yes, exactly like a PBC. This is what I'm

0:16:41.760 --> 0:16:43.480
<v Speaker 1>saying about. Like the vision if you're any like a

0:16:43.520 --> 0:16:47.200
<v Speaker 1>PBC at the margin, makes you less answerable to shareholders

0:16:47.240 --> 0:16:49.000
<v Speaker 1>and gives you more ability to be like, no, we're

0:16:49.040 --> 0:16:51.800
<v Speaker 1>considering other stakeholders or other interests, right, and like that's

0:16:52.440 --> 0:16:56.080
<v Speaker 1>always additive to the flexibility of a CEO and a board.

0:16:56.160 --> 0:16:56.240
<v Speaker 2>Right.

0:16:56.280 --> 0:16:58.360
<v Speaker 1>It always gives you an ability to say no to

0:16:58.400 --> 0:16:59.760
<v Speaker 1>something you don't want to do because you're like, oh,

0:16:59.760 --> 0:17:03.840
<v Speaker 1>we can a difference stakeholder, right, Like it's insulation from pressure, right.

0:17:04.560 --> 0:17:08.679
<v Speaker 1>And it is phrased or interpreted as like, this company

0:17:08.680 --> 0:17:12.000
<v Speaker 1>has more obligations because it has obligations to humanity as

0:17:12.040 --> 0:17:13.919
<v Speaker 1>well as sharelders, But in fact, it means it has

0:17:13.960 --> 0:17:15.800
<v Speaker 1>fewer obligations because it means it doesn't have like a

0:17:15.800 --> 0:17:18.240
<v Speaker 1>binding obligation to shaolders in the same way that a

0:17:18.280 --> 0:17:21.600
<v Speaker 1>regular company does. And like the obligations to humanity are

0:17:21.600 --> 0:17:23.320
<v Speaker 1>not particularly binding, and so you just get to make

0:17:23.320 --> 0:17:25.760
<v Speaker 1>more decisions based on what you want to do rather

0:17:25.800 --> 0:17:29.400
<v Speaker 1>than what the s shelders want. This is my cynical take.

0:17:29.960 --> 0:17:32.840
<v Speaker 2>I like this, so, I mean, I don't know, it's

0:17:32.920 --> 0:17:36.040
<v Speaker 2>just it's a it's humanity is a broad church, and

0:17:36.080 --> 0:17:38.040
<v Speaker 2>what's good for it is open to interpretation.

0:17:38.320 --> 0:17:39.800
<v Speaker 1>I do. I'm gonna say two other things about this.

0:17:39.840 --> 0:17:43.760
<v Speaker 1>So one, I'm saying that open AI is now in

0:17:43.800 --> 0:17:45.800
<v Speaker 1>a position where it can do what it thinks is

0:17:45.880 --> 0:17:48.280
<v Speaker 1>best for humanity based on Sam Waltman's vision or what

0:17:48.359 --> 0:17:51.080
<v Speaker 1>is best for humanity. That's not quite true. So first

0:17:51.080 --> 0:17:52.679
<v Speaker 1>of all, there is a board, and the board you know,

0:17:53.200 --> 0:17:56.320
<v Speaker 1>has to exercise its own independent judgment, and like you know,

0:17:56.400 --> 0:17:58.399
<v Speaker 1>it's not totally under the control of Sam Waldman, who

0:17:58.480 --> 0:18:00.639
<v Speaker 1>is not a sheldering, because only whatever moral power he

0:18:00.680 --> 0:18:02.920
<v Speaker 1>brings to it, and like one board seat, moral power

0:18:03.000 --> 0:18:05.480
<v Speaker 1>is quite big because when he got fired, all the

0:18:05.480 --> 0:18:07.679
<v Speaker 1>board got fired too. But anyway, but the other person

0:18:07.720 --> 0:18:11.640
<v Speaker 1>who has a lot of say over open AI's vision

0:18:11.680 --> 0:18:14.679
<v Speaker 1>for humanity is the Attorney General of the state of California,

0:18:14.800 --> 0:18:18.399
<v Speaker 1>also other attorneys like Delaware, but like largely California. Because

0:18:18.400 --> 0:18:21.280
<v Speaker 1>open a is controlled by a nonprofit, the nonprofit is

0:18:21.520 --> 0:18:26.359
<v Speaker 1>subject to like state attorney general jurisdiction, and the attorney generals,

0:18:27.280 --> 0:18:30.719
<v Speaker 1>particularly of California, had a lot of input into this

0:18:30.720 --> 0:18:33.879
<v Speaker 1>this for profit conversion. And I think still do like

0:18:33.960 --> 0:18:37.840
<v Speaker 1>get to sign off on like the current structure, and

0:18:38.320 --> 0:18:43.440
<v Speaker 1>they presumably have some power going forward. If, like open AI,

0:18:43.880 --> 0:18:48.920
<v Speaker 1>the nonprofit says we are going to appoint Skydeat to

0:18:48.960 --> 0:18:51.800
<v Speaker 1>the board of the public company so it can slay humanity,

0:18:51.840 --> 0:18:54.080
<v Speaker 1>the California Attorney General can be like, no, that's not

0:18:54.400 --> 0:18:56.880
<v Speaker 1>in the best interests of humanities who don't do it right.

0:18:57.320 --> 0:19:02.080
<v Speaker 1>There's some oversight of nonprofits that exists here that wouldn't

0:19:02.160 --> 0:19:04.840
<v Speaker 1>exist if it was just a regular public company. So

0:19:05.480 --> 0:19:08.520
<v Speaker 1>I don't know how that's going to work. I don't

0:19:08.560 --> 0:19:14.000
<v Speaker 1>normally think that's super activist oversight, but because of all

0:19:14.040 --> 0:19:15.960
<v Speaker 1>the weird, you know, stuff that has gone on with

0:19:16.000 --> 0:19:19.120
<v Speaker 1>open AI, you know, you know, the California Attorney General

0:19:19.200 --> 0:19:21.439
<v Speaker 1>is paying close attention, and so there is some opportunity

0:19:21.440 --> 0:19:24.159
<v Speaker 1>for that oversight to matter. The thing I think is

0:19:24.160 --> 0:19:26.040
<v Speaker 1>interesting is, like, you know, I've said, this is a

0:19:26.040 --> 0:19:28.680
<v Speaker 1>normal company with a founder with a vision, blah blah blah.

0:19:28.800 --> 0:19:30.439
<v Speaker 1>But the one thing that makes it not normal is

0:19:30.440 --> 0:19:35.040
<v Speaker 1>that Sam Altman owns zero shares of this company, and

0:19:35.119 --> 0:19:37.080
<v Speaker 1>I don't know how that plays out, right, Like, one

0:19:37.119 --> 0:19:39.479
<v Speaker 1>possibility is that he will get some shares, right, like,

0:19:39.720 --> 0:19:42.880
<v Speaker 1>at some point during this reorganization, he will say, as

0:19:42.920 --> 0:19:45.439
<v Speaker 1>he sort of said before, like in previous iterations, he

0:19:45.480 --> 0:19:49.840
<v Speaker 1>will say, the shareholders, you know, Microsoft SoftBank, However, the

0:19:49.840 --> 0:19:52.679
<v Speaker 1>shows really want me to own stock so that I

0:19:52.720 --> 0:19:56.520
<v Speaker 1>have properly aligned incentives, and so over my objections, I'm

0:19:56.520 --> 0:19:59.560
<v Speaker 1>taking you know, twenty billion dollars worth of open a stock, right, Like,

0:19:59.560 --> 0:20:01.880
<v Speaker 1>that's a pop thing that could happen. But it's hard

0:20:01.880 --> 0:20:04.840
<v Speaker 1>with this reorganization because now there's this two tier structure

0:20:04.880 --> 0:20:08.560
<v Speaker 1>where the nonprofit controls the for profit, and historically open

0:20:08.600 --> 0:20:11.040
<v Speaker 1>ai is nonprofit board has not been allowed to own

0:20:11.040 --> 0:20:13.320
<v Speaker 1>stock in the for profit in order to keep its

0:20:13.400 --> 0:20:18.040
<v Speaker 1>incentives pure, and that reasoning still applies. I don't know

0:20:18.040 --> 0:20:20.280
<v Speaker 1>if they'll still do that, but like it still makes

0:20:20.320 --> 0:20:22.439
<v Speaker 1>sense to say, if you're on the board of the

0:20:22.480 --> 0:20:25.560
<v Speaker 1>nonprofit that is trying to make sure that open ai

0:20:25.760 --> 0:20:28.520
<v Speaker 1>does things that are best for humanity, you shouldn't have

0:20:29.240 --> 0:20:33.040
<v Speaker 1>a huge economic stake in the for profit subsidiary, because

0:20:33.080 --> 0:20:36.240
<v Speaker 1>that would, you know, lead you to make decisions in

0:20:36.280 --> 0:20:38.320
<v Speaker 1>the best interests of profit rather than the best interests

0:20:38.320 --> 0:20:40.320
<v Speaker 1>of humanity. So I think it actually would be kind

0:20:40.359 --> 0:20:42.240
<v Speaker 1>of hard to give him a big slug of stock

0:20:42.280 --> 0:20:44.399
<v Speaker 1>now though I don't really know, and then like, you know,

0:20:44.440 --> 0:20:47.080
<v Speaker 1>how else can he get paid? I mean, my impression

0:20:47.119 --> 0:20:50.760
<v Speaker 1>is that he does not want for material comforts for

0:20:50.840 --> 0:20:52.719
<v Speaker 1>a variety of reasons. You know, he has that a

0:20:52.840 --> 0:20:55.439
<v Speaker 1>career as a you know, founder and venture capitalist before

0:20:56.320 --> 0:20:58.800
<v Speaker 1>open Ai. But he also like you know, like has

0:20:58.840 --> 0:21:00.800
<v Speaker 1>all sorts of stakes and also it's of ai j's

0:21:00.800 --> 0:21:03.320
<v Speaker 1>and business like, there's a lot of ways for Sam

0:21:03.359 --> 0:21:07.359
<v Speaker 1>Altman to fund his lifestyle that are you know, kind

0:21:07.400 --> 0:21:10.800
<v Speaker 1>of float around open ai and compose potential conflicts of interest.

0:21:10.840 --> 0:21:13.399
<v Speaker 1>So it'll be interesting to watch that because he's not

0:21:13.480 --> 0:21:16.240
<v Speaker 1>Mark Zuckerberg er Elon Musk or whatever, where his wealth

0:21:16.359 --> 0:21:19.160
<v Speaker 1>is a you know, twelve digit steak in Open Ai.

0:21:19.480 --> 0:21:22.480
<v Speaker 2>I don't know Sam Almon at all obviously, but I

0:21:22.520 --> 0:21:24.560
<v Speaker 2>do wonder if like he had a time machine and

0:21:24.600 --> 0:21:28.880
<v Speaker 2>he could go back to the founding moments and he

0:21:29.200 --> 0:21:32.119
<v Speaker 2>alone was making the decisions, how would he have set

0:21:32.359 --> 0:21:35.800
<v Speaker 2>open ai up? Would he have just completely skipped all

0:21:35.800 --> 0:21:39.879
<v Speaker 2>this nonprofit drama they're PBC now, But does he wish that,

0:21:40.000 --> 0:21:41.920
<v Speaker 2>you know, he had just founded it or it had

0:21:41.960 --> 0:21:44.000
<v Speaker 2>been founded as a normal company and he was a

0:21:44.000 --> 0:21:46.560
<v Speaker 2>normal startup CEO and it exploded this way.

0:21:46.920 --> 0:21:49.120
<v Speaker 1>It's hard. I think that probably he would have liked

0:21:49.160 --> 0:21:51.639
<v Speaker 1>to skip all this drama and like getting sued by

0:21:51.640 --> 0:21:55.280
<v Speaker 1>Elon Musk and being subject to the oversight of state attorneys.

0:21:54.880 --> 0:21:57.320
<v Speaker 2>General, getting ousted and then brought back in.

0:21:57.720 --> 0:22:00.720
<v Speaker 1>Yeah, getting ousted and brought back happened to a for

0:22:00.840 --> 0:22:01.880
<v Speaker 1>profit ceo as well.

0:22:02.080 --> 0:22:05.280
<v Speaker 2>That's true, and it probably helps with your ORO points.

0:22:05.640 --> 0:22:08.080
<v Speaker 1>Oh yeah, it definitely entrenches his power when he's asked

0:22:08.119 --> 0:22:09.680
<v Speaker 1>it and has to be brought back in twenty four

0:22:09.720 --> 0:22:12.159
<v Speaker 1>hours because like otherwise the company would collapse. Like that

0:22:12.200 --> 0:22:15.320
<v Speaker 1>makes him like pretty essential. But no, I think it

0:22:15.400 --> 0:22:17.280
<v Speaker 1>was a mistake to start it as a nonprofit in

0:22:17.320 --> 0:22:19.800
<v Speaker 1>the sense that they thought it would be less capital

0:22:19.840 --> 0:22:22.680
<v Speaker 1>intensive to build large language models than it was, and

0:22:22.760 --> 0:22:26.240
<v Speaker 1>so they you know, we're like, we're going to do

0:22:26.359 --> 0:22:28.960
<v Speaker 1>this research funded by donations, and then they realized, oh no,

0:22:29.040 --> 0:22:31.680
<v Speaker 1>we need like tens of billions of dollars of donations

0:22:31.680 --> 0:22:32.879
<v Speaker 1>and we're not going to get that, so we have

0:22:32.920 --> 0:22:35.439
<v Speaker 1>to be a for profit. So I think in that

0:22:35.480 --> 0:22:38.800
<v Speaker 1>sense very clearly they would have rather started as a

0:22:38.800 --> 0:22:42.040
<v Speaker 1>more normal company so that they could raise money efficiently

0:22:42.080 --> 0:22:44.520
<v Speaker 1>without getting sued. By Elon Musk. The only caveat to

0:22:44.560 --> 0:22:46.840
<v Speaker 1>that is, like I do think that, like, especially in

0:22:46.880 --> 0:22:48.840
<v Speaker 1>the early days, and I think even a little bit now,

0:22:49.320 --> 0:22:52.000
<v Speaker 1>the overlap between like top AI researchers and people who

0:22:52.080 --> 0:22:56.280
<v Speaker 1>worry about AI alignment is pretty significant. And I think

0:22:56.359 --> 0:22:59.520
<v Speaker 1>early on it was like important to be a nonprofit

0:22:59.560 --> 0:23:02.560
<v Speaker 1>in order to attract people and like motivate people to

0:23:02.600 --> 0:23:05.720
<v Speaker 1>say we're not just like a company, We're building AI

0:23:05.840 --> 0:23:08.159
<v Speaker 1>for the benefit of humanity. I think is good for

0:23:08.160 --> 0:23:11.240
<v Speaker 1>getting researchers. I'm not sure it is anymore. I think

0:23:11.280 --> 0:23:14.040
<v Speaker 1>it was helpful early on, and I'm not sure that

0:23:14.200 --> 0:23:17.000
<v Speaker 1>they would have had the success they have had if

0:23:17.000 --> 0:23:19.480
<v Speaker 1>they are a pure for profit. But you know, there's

0:23:19.600 --> 0:23:23.000
<v Speaker 1>enough like counterexamples where like you know, Google also building ahead,

0:23:23.560 --> 0:23:25.359
<v Speaker 1>so I think probably it would have rather started as

0:23:25.359 --> 0:23:25.920
<v Speaker 1>a for profit.

0:23:26.400 --> 0:23:28.600
<v Speaker 2>One thing I was curious about as I was reading

0:23:28.840 --> 0:23:32.000
<v Speaker 2>one of your columns about this was that this caped

0:23:32.000 --> 0:23:35.760
<v Speaker 2>profit model. The company said that it worked when there

0:23:35.880 --> 0:23:40.800
<v Speaker 2>was really only one company building generative AI, but in

0:23:40.840 --> 0:23:42.960
<v Speaker 2>this era where you have, you know a lot of

0:23:43.000 --> 0:23:45.000
<v Speaker 2>companies who are doing this, that they need to switch

0:23:45.040 --> 0:23:47.080
<v Speaker 2>to the PBC model. I wasn't quite sure how to

0:23:47.119 --> 0:23:50.880
<v Speaker 2>read that, Like, why wouldn't the PBC model make sense

0:23:50.880 --> 0:23:53.200
<v Speaker 2>from the beginning? Why would a capped profit model ever

0:23:53.280 --> 0:23:53.800
<v Speaker 2>make sense?

0:23:54.200 --> 0:23:56.720
<v Speaker 1>I love the cap profit model I've written about Sam

0:23:56.720 --> 0:23:59.480
<v Speaker 1>Alban I've described, but you as a business negging, like

0:23:59.520 --> 0:24:04.800
<v Speaker 1>a lot of what happens at open ai is they're like, oh,

0:24:04.880 --> 0:24:07.800
<v Speaker 1>you know, we're just gonna make too much money and

0:24:07.880 --> 0:24:11.800
<v Speaker 1>it's gonna like destroy the meaning of money. And so

0:24:11.840 --> 0:24:14.360
<v Speaker 1>we're just warning you about that if you invest with us,

0:24:14.520 --> 0:24:16.600
<v Speaker 1>we're gonna give you so much money back that like

0:24:16.720 --> 0:24:19.120
<v Speaker 1>money will lose all meaning. And people are like, oh,

0:24:19.119 --> 0:24:21.399
<v Speaker 1>that sounds really good, right, And so there's a lot

0:24:21.440 --> 0:24:22.680
<v Speaker 1>of ways to express that, and one of them is

0:24:22.680 --> 0:24:25.199
<v Speaker 1>the cap profit be like, guys, I'm really sorry to

0:24:25.240 --> 0:24:28.840
<v Speaker 1>tell you, but once we hit a trillion dollar valuation,

0:24:29.040 --> 0:24:30.800
<v Speaker 1>we can't give you any more money. And people like, wow,

0:24:30.840 --> 0:24:32.600
<v Speaker 1>that sounds pretty good, right. But then, like you know,

0:24:32.640 --> 0:24:34.640
<v Speaker 1>you have all these computing AA companies and they're like, well,

0:24:34.640 --> 0:24:36.640
<v Speaker 1>we're aiming for a ten trillion dollar valuation. You get

0:24:36.640 --> 0:24:38.080
<v Speaker 1>all of it, right, And then it's harder to sort

0:24:38.119 --> 0:24:40.399
<v Speaker 1>of use the cap profit model. But when open ai

0:24:40.600 --> 0:24:43.639
<v Speaker 1>was the only game in town, those warnings were so

0:24:43.960 --> 0:24:48.840
<v Speaker 1>like grandiose that I think they were appealing to investors also,

0:24:48.880 --> 0:24:50.600
<v Speaker 1>like you know, even if they weren't appealing, even they

0:24:50.600 --> 0:24:52.320
<v Speaker 1>were bad people, Well, this is the only game in town.

0:24:52.320 --> 0:24:54.360
<v Speaker 1>Like if you know, if I want AI exposure, I'll

0:24:54.359 --> 0:24:56.159
<v Speaker 1>get this AI exposure up to a cap as opposed

0:24:56.200 --> 0:24:57.920
<v Speaker 1>to nothing. Right, but if they're not the only game

0:24:57.960 --> 0:24:59.440
<v Speaker 1>in town, people rather not of the cap.

0:25:00.000 --> 0:25:03.439
<v Speaker 2>Now they're competing with anthropic to learn like thirty billion

0:25:03.440 --> 0:25:08.639
<v Speaker 2>dollars from soft Bank, so soft Bank would want something cleaner. Yeah, absolutely,

0:25:09.080 --> 0:25:28.680
<v Speaker 2>that makes sense. Shall we take a hard left turn

0:25:28.760 --> 0:25:30.119
<v Speaker 2>and talk about medicaid?

0:25:31.000 --> 0:25:32.680
<v Speaker 1>Right, like the other end of the spectrum.

0:25:32.720 --> 0:25:36.239
<v Speaker 2>What a great racket state governments and hospitals have going on.

0:25:36.920 --> 0:25:40.760
<v Speaker 1>I used to be an equity of his banker, and

0:25:41.480 --> 0:25:44.160
<v Speaker 1>one thing that I did. I'm not going to get

0:25:44.160 --> 0:25:47.479
<v Speaker 1>into the details convertible bond call options over this, but

0:25:47.560 --> 0:25:49.439
<v Speaker 1>like what you do is you're like you go to

0:25:49.440 --> 0:25:50.879
<v Speaker 1>a company and you're like, we're going to sell you

0:25:50.920 --> 0:25:52.480
<v Speaker 1>it's a product, right, and then it costs you like

0:25:53.119 --> 0:25:54.840
<v Speaker 1>sixty million dollars. You're ready to check to us for

0:25:54.880 --> 0:25:59.720
<v Speaker 1>sixty million dollars and the irs will cut your taxes

0:25:59.720 --> 0:26:02.560
<v Speaker 1>by eighty million dollars. And also the product has other

0:26:02.640 --> 0:26:06.560
<v Speaker 1>nice features, but like you know, the IRS will more

0:26:06.600 --> 0:26:08.720
<v Speaker 1>than pay you for the product. This is always true,

0:26:08.720 --> 0:26:11.040
<v Speaker 1>but it is occasionally true sometimes that iOS would pay

0:26:11.080 --> 0:26:13.640
<v Speaker 1>for half of the product. Derote as banker for years

0:26:13.640 --> 0:26:15.119
<v Speaker 1>before I figured out what I was doing, But like

0:26:16.359 --> 0:26:17.879
<v Speaker 1>when you sort of figure out what you're doing, like,

0:26:17.880 --> 0:26:20.040
<v Speaker 1>oh my gosh, Like all products should be like this.

0:26:20.119 --> 0:26:22.000
<v Speaker 1>All products should be like two people get in a

0:26:22.080 --> 0:26:23.680
<v Speaker 1>room and one of them is like, I'm going to

0:26:23.760 --> 0:26:26.040
<v Speaker 1>sell you this thing, and someone else is going to

0:26:26.080 --> 0:26:28.280
<v Speaker 1>pay for it, and then like you know, like you

0:26:28.359 --> 0:26:31.240
<v Speaker 1>have a great time because like you're not like fighting

0:26:31.280 --> 0:26:33.080
<v Speaker 1>to divide the pie because like someone else is like

0:26:33.080 --> 0:26:36.639
<v Speaker 1>providing you the pie. That's what's happening in Medicaid, right, So,

0:26:36.720 --> 0:26:38.640
<v Speaker 1>like what I wrote about this week is like there's

0:26:38.640 --> 0:26:41.320
<v Speaker 1>a Times article about Republicans in Congress trying to get

0:26:41.400 --> 0:26:48.560
<v Speaker 1>rid of the Medicaid provider tax racket loophole. One state

0:26:48.600 --> 0:26:51.320
<v Speaker 1>government calls it meta scam, but basically the idea is

0:26:51.320 --> 0:26:55.720
<v Speaker 1>like Medicaid is like hospitals or doctors or frequently like

0:26:55.800 --> 0:27:00.200
<v Speaker 1>managed care organizations provide medical care to people who can't

0:27:00.200 --> 0:27:04.520
<v Speaker 1>afford it under or insured under medicaid, and they charge

0:27:04.680 --> 0:27:07.440
<v Speaker 1>the government for that. And typically the way it works

0:27:07.560 --> 0:27:11.320
<v Speaker 1>is that the state government pays some portion of the

0:27:11.359 --> 0:27:14.000
<v Speaker 1>cost and the federal government pays some other portion of

0:27:14.080 --> 0:27:16.800
<v Speaker 1>the cost. It's like, I think it averages to the

0:27:16.840 --> 0:27:19.480
<v Speaker 1>federal government pays sixty percent, the state government pays forty percent,

0:27:19.960 --> 0:27:23.840
<v Speaker 1>and the state is sort of like in charge of

0:27:24.440 --> 0:27:30.119
<v Speaker 1>negotiating with the hospitals. And so someone figured out that

0:27:30.440 --> 0:27:34.560
<v Speaker 1>if the state is paid more, then the federal government

0:27:34.600 --> 0:27:37.199
<v Speaker 1>would match more, and then the state would have, you know,

0:27:37.400 --> 0:27:39.440
<v Speaker 1>a higher cost, but it would get more money from

0:27:39.440 --> 0:27:42.000
<v Speaker 1>the federal government. And then what the state can do

0:27:42.119 --> 0:27:45.480
<v Speaker 1>is it can tax the manage care organizations or the

0:27:45.520 --> 0:27:48.040
<v Speaker 1>hospitals or whoever is provided in care. It can impose

0:27:48.040 --> 0:27:51.760
<v Speaker 1>a special tax on them that takes back the money

0:27:51.760 --> 0:27:54.160
<v Speaker 1>that the state paid. So ultimately the state is paying

0:27:54.240 --> 0:27:57.080
<v Speaker 1>less and the federal government is paying more, and like

0:27:57.240 --> 0:28:00.919
<v Speaker 1>there's like a refund or a payback from the hospitals

0:28:00.920 --> 0:28:05.440
<v Speaker 1>paying the tax to the state. And someone figured this out,

0:28:05.640 --> 0:28:08.000
<v Speaker 1>and someone figured out in the eighties, and like in

0:28:08.040 --> 0:28:12.240
<v Speaker 1>the nineties, Congress passed laws basically regulating how you could

0:28:12.280 --> 0:28:15.080
<v Speaker 1>do this, and the states have gotten better and better

0:28:15.119 --> 0:28:18.240
<v Speaker 1>at gaming the regulations ever since, and they like cheapen

0:28:18.280 --> 0:28:20.359
<v Speaker 1>the cost of Medicaid to the state by like finding

0:28:20.400 --> 0:28:22.399
<v Speaker 1>ways to make the federal government pay more than it's

0:28:22.440 --> 0:28:26.440
<v Speaker 1>supposed to. And now Congress is looking again into eliminating

0:28:26.480 --> 0:28:27.840
<v Speaker 1>that because it does look like cheating.

0:28:28.240 --> 0:28:32.000
<v Speaker 2>Apparently House Speaker Mike Johnson has backed away from this

0:28:32.200 --> 0:28:36.080
<v Speaker 2>because it would be so politically toxic for Republicans in

0:28:36.080 --> 0:28:36.760
<v Speaker 2>swing states.

0:28:37.320 --> 0:28:40.000
<v Speaker 1>Yeah, because it's like a scam. Yeah, but it's a

0:28:40.000 --> 0:28:43.600
<v Speaker 1>scam in the service of providing medical care. Like, it's

0:28:43.640 --> 0:28:45.479
<v Speaker 1>a scam, but it's not like the state governments are

0:28:45.560 --> 0:28:47.560
<v Speaker 1>using it to buy Lamborghinis, right, It's like they're using

0:28:47.600 --> 0:28:50.280
<v Speaker 1>it to provide medical care while like not squeezing their

0:28:50.320 --> 0:28:51.000
<v Speaker 1>budgets too much.

0:28:51.080 --> 0:28:51.240
<v Speaker 2>Right.

0:28:51.360 --> 0:28:54.640
<v Speaker 1>And if you take away this scam, then the states

0:28:54.640 --> 0:28:57.240
<v Speaker 1>that do it have to either like cut back drastically

0:28:57.280 --> 0:29:01.520
<v Speaker 1>on Medicaid or like raise their taxes. And yeah, nobody's

0:29:01.520 --> 0:29:03.480
<v Speaker 1>that excited to do that. And so that's why this

0:29:03.480 --> 0:29:06.640
<v Speaker 1>this scam has persisted because it achieves a basically acceptable

0:29:06.680 --> 0:29:08.920
<v Speaker 1>political outcome. Right, either someone has to pay for this

0:29:08.960 --> 0:29:10.640
<v Speaker 1>care or it has to not be provided and like

0:29:11.000 --> 0:29:12.640
<v Speaker 1>either of those things are sort of toxic, and so

0:29:12.760 --> 0:29:14.440
<v Speaker 1>making the federal government pay for it is kind of

0:29:14.440 --> 0:29:17.920
<v Speaker 1>like the easiest choice, and they're doing it in a

0:29:17.960 --> 0:29:20.520
<v Speaker 1>scammy way. And you could imagine a world in which

0:29:20.720 --> 0:29:22.880
<v Speaker 1>the federal government said, you know, instead of all this

0:29:23.000 --> 0:29:26.480
<v Speaker 1>like gamesmanship, what we're gonna do is federalized medicaid and

0:29:26.520 --> 0:29:27.960
<v Speaker 1>we'll just pay for all of it and will negotiate

0:29:27.960 --> 0:29:31.160
<v Speaker 1>the prices ourselves and it'll be easier. But that doesn't

0:29:31.160 --> 0:29:33.040
<v Speaker 1>seem that likely to happen in the near future, and

0:29:33.080 --> 0:29:33.440
<v Speaker 1>so you.

0:29:33.440 --> 0:29:37.720
<v Speaker 2>Have this scamming no, and in the meantimes, it seems like,

0:29:37.920 --> 0:29:40.960
<v Speaker 2>you know, they're happy to just let this persist as

0:29:41.000 --> 0:29:44.320
<v Speaker 2>it is. It's funny, so forty nine states employ this.

0:29:44.360 --> 0:29:45.800
<v Speaker 2>I mean New Hampshire, I think, is the one that

0:29:45.840 --> 0:29:47.760
<v Speaker 2>calls it meda scam but basically.

0:29:47.880 --> 0:29:49.920
<v Speaker 1>Invented in New Hampshire. Yeah.

0:29:50.000 --> 0:29:52.320
<v Speaker 2>Do you know the one state that does not use

0:29:52.360 --> 0:29:53.680
<v Speaker 2>medicaid providers taxes?

0:29:54.040 --> 0:29:54.920
<v Speaker 1>Isn't it Alaska?

0:29:55.360 --> 0:29:58.880
<v Speaker 2>It is Alaska? And I find that charming. Yeah. I

0:29:58.880 --> 0:30:02.360
<v Speaker 2>was reading a CBS News article about this, and I

0:30:02.360 --> 0:30:04.520
<v Speaker 2>thought this was interesting. I think in the article, one

0:30:04.600 --> 0:30:07.520
<v Speaker 2>of the health providers they talked to said that we're

0:30:07.560 --> 0:30:10.320
<v Speaker 2>still losing money on Medicaid patients, but it goes from

0:30:10.320 --> 0:30:14.479
<v Speaker 2>like sixty percent coverage to eighty percent coverage or how

0:30:14.520 --> 0:30:17.800
<v Speaker 2>much they're actually getting paid. But they quoted a Colorado

0:30:17.840 --> 0:30:20.880
<v Speaker 2>based health system, link in Health saying that it paid

0:30:21.000 --> 0:30:24.320
<v Speaker 2>five hundred thousand dollars in provider taxes, but it netted

0:30:24.360 --> 0:30:27.440
<v Speaker 2>more than three point six million dollars extra from Medicaid

0:30:27.440 --> 0:30:30.640
<v Speaker 2>according to its CEO, which is like fifteen percent of

0:30:30.680 --> 0:30:31.280
<v Speaker 2>its budget.

0:30:31.440 --> 0:30:33.800
<v Speaker 1>And that's how it's supposed to work. Like, the regulations

0:30:33.840 --> 0:30:36.440
<v Speaker 1>around how states are allowed to do this are complicated,

0:30:36.600 --> 0:30:39.920
<v Speaker 1>but the basic idea of the regulations is that if

0:30:39.920 --> 0:30:42.880
<v Speaker 1>you have a provider tax, you're supposed to redistribute money

0:30:42.920 --> 0:30:47.160
<v Speaker 1>from like non Medicaid hospitals to like Medicaid hospitals. So

0:30:47.240 --> 0:30:51.760
<v Speaker 1>it's supposed to actually improve the allocation to Medicaid. Right,

0:30:51.800 --> 0:30:54.240
<v Speaker 1>it can't just be a refund from Medicaid. It has

0:30:54.280 --> 0:30:57.160
<v Speaker 1>to be helpful to the hospitals that tread a lot

0:30:57.200 --> 0:31:00.200
<v Speaker 1>of Medicaid patients. States have found ways to abuse that,

0:31:00.000 --> 0:31:01.840
<v Speaker 1>but that's not even true. But like, that's the basic

0:31:01.960 --> 0:31:04.360
<v Speaker 1>idea is it's supposed to be good for the hospitals

0:31:04.360 --> 0:31:05.640
<v Speaker 1>that treat a lot of Medicaid patients.

0:31:07.160 --> 0:31:09.040
<v Speaker 2>I just like this as an example of a tax

0:31:09.120 --> 0:31:11.720
<v Speaker 2>that hospitals or anyone else is happy to pay.

0:31:12.000 --> 0:31:13.600
<v Speaker 1>I love it as an example of like gams and

0:31:13.640 --> 0:31:16.680
<v Speaker 1>ship right, and like I do the analogy to like

0:31:17.240 --> 0:31:20.440
<v Speaker 1>cope assistance programs, which is like drug companies. If you

0:31:20.480 --> 0:31:23.360
<v Speaker 1>have insurance to buy like traumaceuticals, and you have a

0:31:23.400 --> 0:31:27.040
<v Speaker 1>twenty percent COPE, then a drug company will be like, well,

0:31:27.080 --> 0:31:30.080
<v Speaker 1>we'll make the cost of the drug ten thousand dollars,

0:31:30.200 --> 0:31:31.720
<v Speaker 1>and then you'll have a two thousand dollars cope, and

0:31:31.760 --> 0:31:33.840
<v Speaker 1>we'll just give you the two thousand dollars cope. We'll

0:31:33.840 --> 0:31:35.480
<v Speaker 1>just we'll pay it for you. And then the insurance

0:31:35.480 --> 0:31:37.680
<v Speaker 1>company will pay the drug company eight thousand dollars and

0:31:37.680 --> 0:31:39.240
<v Speaker 1>the drug company will be better off than if it

0:31:39.280 --> 0:31:40.560
<v Speaker 1>had just charged to do a normal and that for

0:31:40.600 --> 0:31:43.120
<v Speaker 1>the drug. And like that's also regulated, but it's also

0:31:43.160 --> 0:31:44.320
<v Speaker 1>like a thing you can do a little bit at

0:31:44.360 --> 0:31:44.800
<v Speaker 1>the margins.

0:31:44.840 --> 0:31:45.040
<v Speaker 2>Right.

0:31:45.280 --> 0:31:47.440
<v Speaker 1>But the other analogy I was thinking of, and this

0:31:47.520 --> 0:31:49.080
<v Speaker 1>is like a tax that people are happy to pay

0:31:49.680 --> 0:31:53.280
<v Speaker 1>sort of is a salt tax deduction. Right, So like

0:31:53.440 --> 0:31:57.320
<v Speaker 1>historically Americans have been able to deduct their state and

0:31:57.360 --> 0:32:00.880
<v Speaker 1>local taxes on their federal taxes. So if you pay

0:32:00.920 --> 0:32:03.120
<v Speaker 1>ten thousand dollars or state taxes, that reduces your federal

0:32:03.120 --> 0:32:06.440
<v Speaker 1>income by ten thousand dollars. And in the first Trump administration,

0:32:06.480 --> 0:32:08.600
<v Speaker 1>I think they capped that at like ten thousand dollars.

0:32:08.840 --> 0:32:09.920
<v Speaker 1>If you make a lot of money and live in

0:32:09.960 --> 0:32:11.480
<v Speaker 1>a high tax state, you can't deduct all of your

0:32:11.520 --> 0:32:15.480
<v Speaker 1>state taxes, and people, you know immediately got to work

0:32:15.720 --> 0:32:20.440
<v Speaker 1>figuring out how to game that. And one classic effort

0:32:20.560 --> 0:32:23.440
<v Speaker 1>that I've written about is that the state could set

0:32:23.480 --> 0:32:25.680
<v Speaker 1>up a charity, right, and the charity is in the

0:32:25.680 --> 0:32:28.080
<v Speaker 1>business just like providing state programs. Right, the charity is

0:32:28.080 --> 0:32:30.000
<v Speaker 1>just an arm of the state, and you can make

0:32:30.000 --> 0:32:31.800
<v Speaker 1>a donation to the charity, and if you make a

0:32:31.840 --> 0:32:35.720
<v Speaker 1>donation to the charity, it's deductible from your federal taxes.

0:32:35.880 --> 0:32:38.200
<v Speaker 1>And it also reduces one for one your state taxes,

0:32:38.240 --> 0:32:40.480
<v Speaker 1>because they'll say, oh, that just counts a state taxes,

0:32:40.520 --> 0:32:43.680
<v Speaker 1>so like, it's not a state tax for federal income

0:32:43.720 --> 0:32:47.680
<v Speaker 1>tax purposes, but it reduces your state taxes. People tried

0:32:47.680 --> 0:32:50.360
<v Speaker 1>that and the irs said no, So that doesn't work.

0:32:50.360 --> 0:32:52.000
<v Speaker 1>But it's a good effort. But the one that I

0:32:52.040 --> 0:32:55.720
<v Speaker 1>really like is if you have business income in that

0:32:55.840 --> 0:32:58.240
<v Speaker 1>pass through a business so like most classically, if you're

0:32:58.240 --> 0:33:01.040
<v Speaker 1>a partner at a law firm, partner at law firm,

0:33:01.400 --> 0:33:03.920
<v Speaker 1>you get your share of the partnership's income just as

0:33:03.960 --> 0:33:06.479
<v Speaker 1>your personal income. Like that's normally how it works, Like

0:33:06.520 --> 0:33:08.760
<v Speaker 1>it just goes on your personal tax return and you

0:33:08.800 --> 0:33:12.600
<v Speaker 1>pay taxes on it. But states figured out that they

0:33:12.640 --> 0:33:17.640
<v Speaker 1>could make the state tax live at the business level.

0:33:17.720 --> 0:33:19.840
<v Speaker 1>So the business pays the state tax, the business can

0:33:19.880 --> 0:33:22.480
<v Speaker 1>deduct the state tax for federal purposes because it's a

0:33:22.480 --> 0:33:26.520
<v Speaker 1>business expense, right, and then you as a partner, get

0:33:26.640 --> 0:33:29.920
<v Speaker 1>lower federal taxes and so like, law firm partners and

0:33:30.000 --> 0:33:34.760
<v Speaker 1>like some other partners of businesses can sometimes avoid the

0:33:34.840 --> 0:33:39.200
<v Speaker 1>state and local tax deduction cap by like a negotiated

0:33:39.400 --> 0:33:42.320
<v Speaker 1>tax that they've worked out with their state. So like,

0:33:42.400 --> 0:33:46.000
<v Speaker 1>there's a lot of this where like state tax authorities

0:33:46.040 --> 0:33:49.960
<v Speaker 1>and people and businesses try to work out ways to

0:33:50.000 --> 0:33:52.640
<v Speaker 1>maximize their own take at the expense of the federal

0:33:52.680 --> 0:33:54.680
<v Speaker 1>tax take. And this is one of them.

0:33:54.720 --> 0:33:56.960
<v Speaker 2>It's just another example of that that game and ship.

0:33:57.760 --> 0:33:59.720
<v Speaker 1>As I started by saying, like this is my career

0:33:59.760 --> 0:34:02.920
<v Speaker 1>for I love I love people. Dividing up text.

0:34:02.800 --> 0:34:05.960
<v Speaker 2>Benefits our listeners can't see. But there's a certain sparkle

0:34:06.120 --> 0:34:11.000
<v Speaker 2>in math. As he describes this, it's.

0:34:10.760 --> 0:34:16.279
<v Speaker 1>Like a lot of tiredness in my eyes. And that

0:34:16.400 --> 0:34:17.560
<v Speaker 1>was The Money Stuff Podcast.

0:34:17.680 --> 0:34:19.719
<v Speaker 2>I'm Matt Luvian and I'm Katie Greifeld.

0:34:20.080 --> 0:34:22.120
<v Speaker 1>You can find my work by subscribing to The Money

0:34:22.120 --> 0:34:24.000
<v Speaker 1>Stuff newsletter on Bloomberg.

0:34:23.560 --> 0:34:26.200
<v Speaker 2>Dot com, and you can find me on Bloomberg TV

0:34:26.400 --> 0:34:30.040
<v Speaker 2>every day on Open Interest between nine to eleven am Eastern.

0:34:30.160 --> 0:34:31.840
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<v Speaker 2>right now and leave us a review. It helps more

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0:34:42.920 --> 0:34:45.719
<v Speaker 1>The Money Stuff Podcast is produced by Anna Maserakus and

0:34:45.760 --> 0:34:46.520
<v Speaker 1>Moses Onen.

0:34:46.800 --> 0:34:48.680
<v Speaker 2>Our theme music was composed by Blake.

0:34:48.480 --> 0:34:52.400
<v Speaker 1>Maples, Brandon Francis Nudimss our executive producer, and Stage Bauman

0:34:52.440 --> 0:34:54.880
<v Speaker 1>is Bloomberg's head of Podcasts. Thanks for listening to The

0:34:54.920 --> 0:34:57.960
<v Speaker 1>Money Stuff Podcast. We'll be back next week with more stuff.

0:35:00.760 --> 0:35:02.560
<v Speaker 1>The l