WEBVTT - Ex-SEC Chair Levitt: It’s A Bad Idea to Reduce EPS Reporting

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<v Speaker 1>Welcome to the Bloomberg p m L Podcast. I'm Pim Fox.

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<v Speaker 1>Along with my co host Lisa Bramowitz. Each day we

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<v Speaker 1>bring you the most important, noteworthy, and useful interviews for

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<v Speaker 1>you and your money, whether you're at the grocery store

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<v Speaker 1>or the trading floor. Find the Bloomberg p m L

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<v Speaker 1>Podcast on Apple Podcasts, SoundCloud, and Bloomberg dot Com. Well,

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<v Speaker 1>we are getting more information about President Trump's proposal to

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<v Speaker 1>potentially allow companies to report earnings every six months rather

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<v Speaker 1>than quarterly. On a quarterly basis, President Trump says the

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<v Speaker 1>idea comes from outgoing PepsiCo chief executive Indra Nuye, who

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<v Speaker 1>attended last week's at Bedminster business dinner, So that is

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<v Speaker 1>where the idea came from. Joining me now, I'm very

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<v Speaker 1>pleased to say, is Arthur Lovitt. He is the former

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<v Speaker 1>chairman of the U S Securities and Exchange Commission and

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<v Speaker 1>I believe the longest serving ever SEC chair. He also

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<v Speaker 1>is a current member of the board at Bloomberg LP.

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<v Speaker 1>He also is an advisor to the Promontory Financial Group. Arthur,

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<v Speaker 1>thank you so much for being with me today. What

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<v Speaker 1>was your reaction to President Trump's tweet this morning? About

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<v Speaker 1>allowing companies to report every six months. I don't like it.

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<v Speaker 1>I think that investors have much better results when they're

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<v Speaker 1>better informed, not less than the US capital markets with

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<v Speaker 1>their quarterly reporting have generated higher returns centers as a result,

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<v Speaker 1>attracted a lot more capital than those international capital markets

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<v Speaker 1>with semiannual reporting. Yeah. In the instance of Enron, they

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<v Speaker 1>reported serious problems in the third quarter of two thousand

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<v Speaker 1>and one in that earning call and Q and they

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<v Speaker 1>filed for bankruptcy the first Greek of December in two

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<v Speaker 1>thousand and two. With semi annual reporting, investors wouldn't have

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<v Speaker 1>received the bad news from October until two thousand and two,

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<v Speaker 1>by which time the company was broke. Otherwise you could say,

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<v Speaker 1>you know, it just doesn't doesn't make sense. So, coming

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<v Speaker 1>coming from your background at the end, oh go ahead, Arthur,

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<v Speaker 1>coming from your background at the SEC, I'm wondering what

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<v Speaker 1>the process would be like that it could potentially undergo

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<v Speaker 1>in order to make this happen. I mean, how long

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<v Speaker 1>would a study like this take and could they just

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<v Speaker 1>sort of implement this in the near term. I think

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<v Speaker 1>the study is likely to take at least six months,

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<v Speaker 1>and I don't believe they could do this virtually overnight.

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<v Speaker 1>I think this is a very hot button issue, and

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<v Speaker 1>I think it will raise a lot of attention, not

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<v Speaker 1>just in corporate America, but in academia, which is very

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<v Speaker 1>concerned about how information gets to the public and when

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<v Speaker 1>they can act on it. Do you think that if

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<v Speaker 1>we did move to a six month reporting period that

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<v Speaker 1>US markets have become less liquid. Yes, I think that

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<v Speaker 1>they would become less liquid, But more important than that,

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<v Speaker 1>we would have less information on which to base decisions.

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<v Speaker 1>And I think a market without information is not as

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<v Speaker 1>not as nearly as liquid, or as good as a

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<v Speaker 1>market where information is readily available on a regular basis.

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<v Speaker 1>I have to think that some people believe that this

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<v Speaker 1>was a good thing, that this would reduce short termism

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<v Speaker 1>among the C suite executives and that people would be

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<v Speaker 1>looking more longer term for business strategies. That makes sense.

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<v Speaker 1>What do you say to that, because there are even

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<v Speaker 1>some investors who think that this would be better for

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<v Speaker 1>them over the long term. I think from the perspective

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<v Speaker 1>of business, it would be less costly to relax these standards.

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<v Speaker 1>But I honestly believe that the best capital markets are

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<v Speaker 1>the ones which are the most often, report the most frequently,

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<v Speaker 1>and the argument for more information for individual investors trumps

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<v Speaker 1>the argument that providing this information is costly to American business.

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<v Speaker 1>When you were the SEC chair, did a lot of

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<v Speaker 1>executives petition you to make this change? No, h uh,

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<v Speaker 1>they did not. I think there is always a certain

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<v Speaker 1>amount of tension between business and regulation, and that's certainly existed,

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<v Speaker 1>but I was not pressured extensively in connection with this change.

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<v Speaker 1>I'm curious to know whether you think that the pendulum

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<v Speaker 1>has swung too far toward deregulating things, or how much

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<v Speaker 1>further it would have to swing before you get concerned

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<v Speaker 1>that we're sowing the seeds for another problem. I don't

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<v Speaker 1>think there's a specific moment that you can point to,

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<v Speaker 1>but clearly deregulation is in the air, and that's not bad.

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<v Speaker 1>I think the pendulum does shift, as you say, but

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<v Speaker 1>I think we've rolled back a number of things. We've

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<v Speaker 1>made it easier for business in a number of ways

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<v Speaker 1>in terms of regulatory context. But I think going much

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<v Speaker 1>further than we are now, we would do that at

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<v Speaker 1>the expense of investor interest and the greatest danger to

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<v Speaker 1>our capital markets. His lack of transparency, and so far

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<v Speaker 1>as investors are concerned, that's why I think we can

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<v Speaker 1>go so far and really not go any further. Just

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<v Speaker 1>a real quick here. I'm curious, are you worried about

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<v Speaker 1>as you see independence here? I haven't thought of that.

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<v Speaker 1>I think that agencies are independent, have been independent, and

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<v Speaker 1>I think any effort to change that would be terrible

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<v Speaker 1>for our markets. I don't regard this as an urgent

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<v Speaker 1>threat at this point in time, and a lot of

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<v Speaker 1>it depends on who's running the Commission, and the president

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<v Speaker 1>SEC chair is mindful of those risks, and I think

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<v Speaker 1>it's unlikely to move in that direction. Arthur Lovett, thank

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<v Speaker 1>you so much for taking of time. Always wonderful hearing

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<v Speaker 1>your insights, especially on an issue so close to your experiences.

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<v Speaker 1>Arthur Lovitt is former chairman of the U S Securities

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<v Speaker 1>and Exchange Commission, current member of the board of Bloomberg LP,

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<v Speaker 1>as well as an advisor to the Promontory Financial Group.

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<v Speaker 1>Dominating this otherwise relatively quiet Friday has been the President's

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<v Speaker 1>tweet respecting the SEC and how it requires companies to

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<v Speaker 1>report their earnings. Should we be moving to a six

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<v Speaker 1>months schedule rather than a quarterly one. I should just

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<v Speaker 1>note the White House just released a statement saying the

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<v Speaker 1>President is interested in examining this issue on whether short

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<v Speaker 1>term earnings reporting requirements for public companies reduce incentives for

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<v Speaker 1>them to engage in long term investing in the United States.

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<v Speaker 1>This is part of the administrations on going regulatory reform

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<v Speaker 1>efforts that aim to ensure that the U. S economy

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<v Speaker 1>remains the most productive in the world. Joining me now

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<v Speaker 1>Hans Olsen, chief investment officer at Fiduciary Trust, which overseas

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<v Speaker 1>about seventy eight billion dollars. It is based in Boston.

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<v Speaker 1>Hans joins me today in a very sweaty and warm

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<v Speaker 1>New York City in our eleven three oh studios. Hans,

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<v Speaker 1>thank you so much for being here. What do you

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<v Speaker 1>think of this idea of six months reporting six month reporting, Well,

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<v Speaker 1>you know, it's it's kind of moving, at least in

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<v Speaker 1>the same direction that the Europeans have moved in. They

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<v Speaker 1>were on a six month um schedule and I think

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<v Speaker 1>they went to three and then back to six. In

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<v Speaker 1>the UK, I think it's similarly the same thing. You know,

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<v Speaker 1>at the end of the day, it's probably less meaningful

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<v Speaker 1>for equity investors. Than it is for bond investors. Um um.

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<v Speaker 1>That said, if we went to six months, wouldn't be

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<v Speaker 1>the end of the world. But I do think that

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<v Speaker 1>in the interest of transparency, right um, more information is

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<v Speaker 1>better than less information. And I think this this whole

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<v Speaker 1>notion of quarterly capitalism, as the CEO of Unilever put it, um,

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<v Speaker 1>is of CEO's own making. We get into the earning

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<v Speaker 1>season they've released, they have analyst conference calls, we go

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<v Speaker 1>through the kabuki theater of of analysts calling in and

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<v Speaker 1>congratulating the CEO is in a good quarter and and

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<v Speaker 1>basically they're reading from the press release, right um. I

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<v Speaker 1>think a better way, right to relieve some of the

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<v Speaker 1>the emphasis around quarterly capitalism is to release the numbers

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<v Speaker 1>on a quarterly quarterly basis, but only do a semi

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<v Speaker 1>annual deep dive on the operations of the company. So

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<v Speaker 1>you keep the transparency and um uh, and you perhaps

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<v Speaker 1>less than this emphasis on quarter to quarter data. I

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<v Speaker 1>think it's really interesting what you just said about this

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<v Speaker 1>mattering more for bond investors than stock investors. And I

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<v Speaker 1>think that this really goes to the heart of the

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<v Speaker 1>short terms short termism is um versus long termism debate

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<v Speaker 1>that this really highlights, which is perhaps companies would be

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<v Speaker 1>incentivized to make better longer term decision as if they

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<v Speaker 1>didn't have to meet these sort of quarterly hurdles. But

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<v Speaker 1>for a bond investor, the key is, are you guys

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<v Speaker 1>losing money? Are you getting off track to the point

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<v Speaker 1>where you're not gonna be able to pay me back?

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<v Speaker 1>And so do you think that for equity investors six

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<v Speaker 1>month reporting would actually increase longer termism thought among corporate

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<v Speaker 1>executives or do you think it would just be less

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<v Speaker 1>transparency full stop? I don't. I don't think so. I mean,

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<v Speaker 1>at the end of the day, CEO is going to

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<v Speaker 1>be compensated on his or her UM stock price, right

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<v Speaker 1>and so UM you know from and that's on a

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<v Speaker 1>year to year basis. So if you are really talking

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<v Speaker 1>about long term, you're talking three to five years or more,

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<v Speaker 1>you know, a business cycle that's just too long for

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<v Speaker 1>for most investors UM to for you to be able

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<v Speaker 1>to evaluate a company standing or not. So I think

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<v Speaker 1>this is much to do about nothing really. All right, well,

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<v Speaker 1>let's move on to some things that are ado about something.

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<v Speaker 1>I do want to just let people know that there

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<v Speaker 1>is a headline crossing the Business Insider is now reporting

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<v Speaker 1>that Turkey is preparing to release the imprisoned US Pastor.

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<v Speaker 1>This of course at the heart of the dispute between

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<v Speaker 1>the US and Turkey, with the US threatening additional sanctions

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<v Speaker 1>on Turkey and unless they release this Pastor, so this

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<v Speaker 1>might be a softening of that issue. Hans, come on

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<v Speaker 1>in here, because you noted that you are underweight emerging markets.

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<v Speaker 1>And I'm wondering how much you see Turkey is an

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<v Speaker 1>iducent cradit case and how much you see it as

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<v Speaker 1>emblematic of broader weakness that is going to be felt

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<v Speaker 1>increasingly across the developing markets. So I think Turkey is

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<v Speaker 1>a unique case. And and this the issue of the

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<v Speaker 1>Pastor aside Turkey's problems is an old problem, UH that

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<v Speaker 1>is very familiar to emerging markets. Where you get a

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<v Speaker 1>country that's running a large current account deficit, UH that

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<v Speaker 1>that is financing it's spending from foreign sources and depending

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<v Speaker 1>upon exchange rates, and they're engaging in policies that are

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<v Speaker 1>are not prudent over time, and and finally you start

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<v Speaker 1>messing around with the country central bank, and you have

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<v Speaker 1>the cocktail for disaster, and that's essentially what's played out

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<v Speaker 1>in Turkey. The the issue with the pastor was a

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<v Speaker 1>secondary but perhaps exacerbating case, but it perhaps is moving

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<v Speaker 1>in the right direction. But Turkeys problems isn't going to

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<v Speaker 1>be cured by the release of this of this pastor.

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<v Speaker 1>It's really about maintaining the independence of the central bank

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<v Speaker 1>getting handled on their current account deficits and and the like.

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<v Speaker 1>Within a broader perspective, though, Lisa, the the emerging market

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<v Speaker 1>issue is we're underweight, and we're underweight because the notion

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<v Speaker 1>that when you start to have a price of money

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<v Speaker 1>here in the United States, uh, and people have a choice.

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<v Speaker 1>Where where when we had negative real rates and really

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<v Speaker 1>quite negative real rates on on on cash, money got

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<v Speaker 1>pushed into motion. It was looking for a return and

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<v Speaker 1>it had to go increasingly to places that it normally

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<v Speaker 1>wouldn't go emerging market debt, emerging market equities and the

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<v Speaker 1>like for a return. Now that we're getting a return

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<v Speaker 1>on cash, they're starting to be a choice. And and

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<v Speaker 1>as the dollar goes up and as interest rates go up,

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<v Speaker 1>which reinforces the currency, you know, uh, the attractiveness of

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<v Speaker 1>emerging markets become somewhat suspect right. I do want to

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<v Speaker 1>also talk about the attractiveness of risk assets in the US,

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<v Speaker 1>and you noted that you've been reducing high yield exposure

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<v Speaker 1>and some of your portfolios. I would love to get

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<v Speaker 1>your perspective on where. How why? Yeah, Yeah, So we've

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<v Speaker 1>been we've been essentially moving to eliminate our high yield

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<v Speaker 1>exposure was about three or four percent of portfolio three

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<v Speaker 1>or four pers three or four, so taking that out,

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<v Speaker 1>and the reason that we're doing is that we've seen

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<v Speaker 1>a progressively deteriorating UM backdrop for UM, the underwriting standards

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<v Speaker 1>for high yield, whether it be bonds or loans. So

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<v Speaker 1>when you look at the number of covenant light launs,

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<v Speaker 1>you look at the valuations spreads that have come to market, UM,

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<v Speaker 1>the protections that are normally afforded investor has been have

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<v Speaker 1>been systematically eroded UM as as people have sought for

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<v Speaker 1>yield and try to protect against rising interest rates. What

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<v Speaker 1>that doesn't do is protect against the next part of

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<v Speaker 1>the business cycle, when you know, you go into recession

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<v Speaker 1>and the fault rate start rise. You know, it was

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<v Speaker 1>interesting you noted before the segment that you've reduced all

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<v Speaker 1>you're gotten rid of all of your leverage loan exposure.

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<v Speaker 1>And part this has to do with the weakening underwriting standards.

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<v Speaker 1>And we were talking about this moody Is report showing

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<v Speaker 1>that recoveries the next downturn for leverage loans will be

0:14:30.440 --> 0:14:35.920
<v Speaker 1>sixty from pent historically, And I'm just wondering, you know,

0:14:36.000 --> 0:14:38.680
<v Speaker 1>why do you find it important to get rid of

0:14:38.720 --> 0:14:41.920
<v Speaker 1>things now before the cycle is turning? And just I'll

0:14:41.920 --> 0:14:44.720
<v Speaker 1>give you about sure, that's a good question, uh, position

0:14:44.760 --> 0:14:47.880
<v Speaker 1>of strength. You do it when the prices are good.

0:14:47.880 --> 0:14:50.400
<v Speaker 1>You do it ahead of the curve, when you're when

0:14:50.400 --> 0:14:52.680
<v Speaker 1>you do it when the information is out there, when

0:14:52.720 --> 0:14:55.160
<v Speaker 1>you're starting to suffer the adversity. It's too late because

0:14:55.160 --> 0:14:57.480
<v Speaker 1>the prices moved too quickly, as we you know, and

0:14:57.800 --> 0:15:00.640
<v Speaker 1>when you go looking forbids in this market, it'll be

0:15:00.720 --> 0:15:02.720
<v Speaker 1>hard to find them. So we're doing it ahead of

0:15:02.720 --> 0:15:05.360
<v Speaker 1>the curve. Interesting, So even if we're I don't know,

0:15:05.480 --> 0:15:07.920
<v Speaker 1>eighteen months out, now is the time in your view.

0:15:08.360 --> 0:15:10.640
<v Speaker 1>Hans Olsen, a pleasure speaking with you. Thank you so

0:15:10.720 --> 0:15:13.320
<v Speaker 1>much for coming in. Hans Olsen chief investment officer at

0:15:13.320 --> 0:15:16.240
<v Speaker 1>Fiduciary Trust based in Boston, but he joins us here

0:15:16.360 --> 0:15:19.520
<v Speaker 1>in our eleven three oh studios. I do want to

0:15:19.520 --> 0:15:23.520
<v Speaker 1>know that President Trump is talking to reporters and we

0:15:23.560 --> 0:15:27.280
<v Speaker 1>will take those uh comments to you when we get them.

0:15:27.440 --> 0:15:31.760
<v Speaker 1>He's talking about everything from Paul man Afford to John Brennan.

0:15:45.800 --> 0:15:49.920
<v Speaker 1>Housing market in the US has seen some signs of

0:15:49.960 --> 0:15:52.400
<v Speaker 1>stress this year. I'm looking at an index of home

0:15:52.440 --> 0:15:55.920
<v Speaker 1>builder shares in the SMP five hundred, down nearly eighteen

0:15:56.040 --> 0:15:59.800
<v Speaker 1>percent so far this year. The question is here, does

0:16:00.160 --> 0:16:04.240
<v Speaker 1>mark a prolonged takedown of the US housing market or

0:16:04.280 --> 0:16:06.440
<v Speaker 1>is this a blip to kind of create a more

0:16:06.480 --> 0:16:09.560
<v Speaker 1>even ground for people who to afford properties. Joining us

0:16:09.560 --> 0:16:12.800
<v Speaker 1>now to talk about this is Aaron Rozis, Economic research

0:16:12.840 --> 0:16:16.240
<v Speaker 1>director for Zillo. Aaron, I'm really glad that you're joining

0:16:16.320 --> 0:16:18.840
<v Speaker 1>us today because this has been sort of an underlying

0:16:18.960 --> 0:16:21.320
<v Speaker 1>theme for a lot of people, especially if they're barished

0:16:21.320 --> 0:16:23.200
<v Speaker 1>in the economy. They say, look at the home builders,

0:16:23.480 --> 0:16:25.000
<v Speaker 1>So what's going on? I mean, do you see that

0:16:25.040 --> 0:16:28.280
<v Speaker 1>the weakness that has been observed recently is a symptom

0:16:28.280 --> 0:16:30.960
<v Speaker 1>of some kind of deeper woe that will be expressed

0:16:31.160 --> 0:16:33.960
<v Speaker 1>throughout the rest of the year. You're you're something right

0:16:34.000 --> 0:16:35.880
<v Speaker 1>to point out that housing data have been coming in

0:16:35.880 --> 0:16:38.480
<v Speaker 1>a little bit weaker than expected. You look at home sales,

0:16:38.800 --> 0:16:42.000
<v Speaker 1>housing starts, home val appreciation. Although it's been very strong,

0:16:42.040 --> 0:16:45.120
<v Speaker 1>it's starting to slow down. We recently produce some data

0:16:45.160 --> 0:16:47.080
<v Speaker 1>showing that listings for the price cuts, you're seeing a

0:16:47.080 --> 0:16:49.640
<v Speaker 1>lot more price cuts out there on the market. That said,

0:16:49.760 --> 0:16:52.200
<v Speaker 1>it's important to put this in context. The housing market

0:16:52.280 --> 0:16:55.800
<v Speaker 1>has been first of all, leading the economic recovery, was

0:16:56.000 --> 0:16:58.920
<v Speaker 1>the first sectors to kind of start showing strength. And second, well,

0:16:58.960 --> 0:17:01.280
<v Speaker 1>it's been very strong the past few years. Um, I'm

0:17:01.320 --> 0:17:03.920
<v Speaker 1>normally strong. We saw a rebound and young adult home

0:17:03.960 --> 0:17:07.399
<v Speaker 1>ownership millennials in particular have been out in force buying homes,

0:17:07.560 --> 0:17:09.680
<v Speaker 1>and so I think in somewhat some recycle, we're starting

0:17:09.680 --> 0:17:11.760
<v Speaker 1>to see more of a normalization. Things are kind of

0:17:11.960 --> 0:17:15.240
<v Speaker 1>coming back to a more normal pace, not the fre netic,

0:17:15.280 --> 0:17:17.760
<v Speaker 1>hectic pace of the past two years. UM. But still

0:17:17.800 --> 0:17:20.320
<v Speaker 1>it's it's still very much of a solar's market. So

0:17:20.880 --> 0:17:23.879
<v Speaker 1>you noted in your recent reports that about four of

0:17:23.920 --> 0:17:26.560
<v Speaker 1>all listings across the US had a price cut in June.

0:17:26.880 --> 0:17:29.880
<v Speaker 1>That's up from a recent low of less than twelve

0:17:29.920 --> 0:17:33.280
<v Speaker 1>percent near the end of twenty sixteen. So you are

0:17:33.359 --> 0:17:35.800
<v Speaker 1>seeing people have to realize, Wow, if I really want

0:17:35.800 --> 0:17:38.639
<v Speaker 1>to sell this home, I have to ask for less.

0:17:38.800 --> 0:17:42.399
<v Speaker 1>I'm just wondering where you're seeing the biggest price cuts.

0:17:42.240 --> 0:17:44.119
<v Speaker 1>That's that's a great point because so much of this

0:17:44.160 --> 0:17:47.840
<v Speaker 1>story is where it's happening. First of all, it's happening

0:17:47.880 --> 0:17:50.040
<v Speaker 1>primarily at the top of the market. If you look

0:17:50.080 --> 0:17:53.360
<v Speaker 1>at that expensive third of the housing market, that's where

0:17:53.359 --> 0:17:56.399
<v Speaker 1>you see the biggest jump in price cuts and already

0:17:56.440 --> 0:17:59.520
<v Speaker 1>kind of more price cuts. We know that a subset

0:17:59.560 --> 0:18:02.560
<v Speaker 1>of the market that buyers are already being tested at

0:18:02.560 --> 0:18:06.040
<v Speaker 1>their limits. Um Also, I think the important important thing

0:18:06.080 --> 0:18:07.439
<v Speaker 1>to keep in mind here is when you look at

0:18:07.440 --> 0:18:10.199
<v Speaker 1>the size of the price cut, it's actually been pretty stable,

0:18:10.520 --> 0:18:13.000
<v Speaker 1>you know, the typical price cuts around two to What

0:18:13.119 --> 0:18:15.560
<v Speaker 1>that tells me is that some of these price cuts

0:18:15.600 --> 0:18:19.000
<v Speaker 1>that we're seeing has actually been sellers being rather aggressive

0:18:19.000 --> 0:18:21.680
<v Speaker 1>in their in their listing strategy and then just testing

0:18:21.720 --> 0:18:24.200
<v Speaker 1>what the market can tolerate. So, you know, they say,

0:18:24.400 --> 0:18:26.680
<v Speaker 1>the market is so hot, so fast moving, you know,

0:18:26.760 --> 0:18:30.160
<v Speaker 1>might as well list aggressively see if I get that

0:18:30.320 --> 0:18:33.880
<v Speaker 1>dream price. One thing I'm wondering, especially as you talk

0:18:33.920 --> 0:18:36.639
<v Speaker 1>about the high end homes, seeing the biggest price to clients.

0:18:36.960 --> 0:18:39.840
<v Speaker 1>How much is this tied to the tax policies and

0:18:40.040 --> 0:18:44.240
<v Speaker 1>places like New York, New Jersey, Connecticut that are typically

0:18:44.560 --> 0:18:48.640
<v Speaker 1>high tax states seeing price reductions in the homes due

0:18:48.680 --> 0:18:53.120
<v Speaker 1>to some of the changes that don't allow some deductions.

0:18:52.960 --> 0:18:55.280
<v Speaker 1>That's a great point, you know, I think kind of

0:18:55.320 --> 0:18:59.119
<v Speaker 1>there's two forces that have been squeezing that high end

0:18:59.720 --> 0:19:01.800
<v Speaker 1>on the demand side. You talked about the changes in

0:19:01.840 --> 0:19:05.160
<v Speaker 1>the tax structure, particularly changes in that state and local

0:19:05.560 --> 0:19:08.520
<v Speaker 1>tax deduction there. You know, we kepted that deduction at

0:19:08.560 --> 0:19:12.040
<v Speaker 1>ten tho dollars starting this year for most of these

0:19:12.280 --> 0:19:15.520
<v Speaker 1>very high end communities. Um, that's not even going to

0:19:15.600 --> 0:19:18.520
<v Speaker 1>cover local property taxes. And you know, it's something we've

0:19:18.560 --> 0:19:20.800
<v Speaker 1>been watching in the past few years, past few months,

0:19:20.840 --> 0:19:22.560
<v Speaker 1>and we are starting to see a little bit of

0:19:22.600 --> 0:19:26.040
<v Speaker 1>a significant effect of a larger slowdown in places that

0:19:26.080 --> 0:19:29.080
<v Speaker 1>rely more on that state and local tax deduction. Obviously,

0:19:29.080 --> 0:19:31.919
<v Speaker 1>the second factor is interest rates. Interest rates are creeping up.

0:19:31.960 --> 0:19:35.080
<v Speaker 1>Word that matters more at that high price point. One

0:19:35.080 --> 0:19:37.280
<v Speaker 1>thing that I found interesting in a recent report about

0:19:37.280 --> 0:19:41.120
<v Speaker 1>household debt by the government, it looked like people were

0:19:41.160 --> 0:19:46.200
<v Speaker 1>actually incurring a significant increase in mortgage debt recently, which

0:19:46.240 --> 0:19:48.760
<v Speaker 1>kind of flies against the theory that rising interest rates

0:19:48.760 --> 0:19:51.800
<v Speaker 1>would dampen the demand for mortgages. What do you make

0:19:51.840 --> 0:19:54.600
<v Speaker 1>of that, especially since it is toward higher quality borrowers.

0:19:54.600 --> 0:19:57.920
<v Speaker 1>This is not necessarily another subprime mortgage boom. Just to

0:19:57.960 --> 0:20:01.240
<v Speaker 1>be very clear that the that definitely right. You know,

0:20:01.280 --> 0:20:03.520
<v Speaker 1>the people who have been um borrowing tend to be

0:20:03.720 --> 0:20:07.359
<v Speaker 1>high credit borrowers, people with stable incomes, documentable income. I

0:20:07.359 --> 0:20:11.400
<v Speaker 1>think two factors are driving that increase in in debt outstanding. One,

0:20:11.520 --> 0:20:14.600
<v Speaker 1>as I've talked about a moment ago, young adults, first

0:20:14.600 --> 0:20:16.440
<v Speaker 1>time home buyers, have been out and forced the past

0:20:16.480 --> 0:20:19.879
<v Speaker 1>two years. They're acquiring more eage debts for the first time,

0:20:20.359 --> 0:20:24.600
<v Speaker 1>often mortgage debt in pricing markets where we know that

0:20:24.840 --> 0:20:28.479
<v Speaker 1>there has been a booming jobs uh you know, employment situation. UM,

0:20:28.520 --> 0:20:30.840
<v Speaker 1>so they're able to kind of buy homes, but very

0:20:30.880 --> 0:20:33.280
<v Speaker 1>pricing homes at that. I think the second part of

0:20:33.320 --> 0:20:37.399
<v Speaker 1>that rising debt is borrowing, people borrowing against their homes.

0:20:37.440 --> 0:20:40.680
<v Speaker 1>Home values have recovered very strongly from the bottom of

0:20:40.720 --> 0:20:42.600
<v Speaker 1>the market in twelve and so people are starting to

0:20:42.640 --> 0:20:45.040
<v Speaker 1>feel comfortable enough to borrow a little bit against their home,

0:20:45.080 --> 0:20:47.960
<v Speaker 1>perhaps to do renovations. Um perhaps you know to fund

0:20:48.000 --> 0:20:51.879
<v Speaker 1>any other um you know education, so so return of

0:20:51.920 --> 0:20:53.880
<v Speaker 1>the reverse more. It's just real quick here, Aaron, I'm

0:20:53.920 --> 0:20:56.400
<v Speaker 1>curious to know a year from now, your best guest,

0:20:56.440 --> 0:20:58.399
<v Speaker 1>do you think the prices on US homes will have

0:20:58.440 --> 0:21:01.919
<v Speaker 1>gone up? I think, uh, prices will certainly have gone up,

0:21:01.960 --> 0:21:03.640
<v Speaker 1>they will have gone up at a slower pace than

0:21:03.920 --> 0:21:05.479
<v Speaker 1>than they went up the past year. Do you think

0:21:05.480 --> 0:21:07.880
<v Speaker 1>about nationwide? Over the past year, we've seen home value

0:21:07.880 --> 0:21:11.040
<v Speaker 1>appreciation up about eight percent. I think we'll go down

0:21:11.040 --> 0:21:14.400
<v Speaker 1>to about six so slower than it's been, but still positive.

0:21:14.600 --> 0:21:16.560
<v Speaker 1>Aaron to rozz Is, thank you so much for joining us.

0:21:16.560 --> 0:21:20.719
<v Speaker 1>Really interesting. Aaron to ROZs is economic research director for Zillo.

0:21:20.920 --> 0:21:23.359
<v Speaker 1>And uh, yeah, those homebuilders have been really beaten up

0:21:23.400 --> 0:21:26.840
<v Speaker 1>this year, uh down nearly eighteen per cent. Of course,

0:21:26.880 --> 0:21:30.280
<v Speaker 1>the home builders have also been hit by higher lumber

0:21:30.359 --> 0:21:34.959
<v Speaker 1>prices and other higher costs tied to labor, so there

0:21:35.000 --> 0:21:37.680
<v Speaker 1>could be some other issues there, but certainly a big

0:21:37.680 --> 0:21:39.639
<v Speaker 1>wild card here. A lot of people looking at the

0:21:39.880 --> 0:21:43.160
<v Speaker 1>housing market is a possible leading indicator, though, as Aaron

0:21:43.240 --> 0:21:46.480
<v Speaker 1>just said, it has actually let the market up, so

0:21:46.560 --> 0:21:50.560
<v Speaker 1>perhaps it's just softening to keep up pace with everything else.

0:22:05.200 --> 0:22:09.040
<v Speaker 1>Corporate divorce court can be a bitter place. Joining us

0:22:09.040 --> 0:22:13.639
<v Speaker 1>now is Matthew Shettenham's media litigation analyst for Bloomberg Intelligence.

0:22:14.040 --> 0:22:16.240
<v Speaker 1>He has had his hands full recently with a number

0:22:16.240 --> 0:22:20.960
<v Speaker 1>of different issues, but in particular the Tribune versus Sinclair battle.

0:22:21.080 --> 0:22:25.360
<v Speaker 1>They obviously we're going to get married. Not so. This

0:22:25.480 --> 0:22:29.120
<v Speaker 1>was because the Federal Communications Commission chair, a g pie

0:22:29.240 --> 0:22:32.640
<v Speaker 1>for all intents and purposes, put the kabash on this

0:22:32.720 --> 0:22:35.000
<v Speaker 1>tie up. Matthew, thank you so much for being with me.

0:22:35.440 --> 0:22:39.040
<v Speaker 1>I'm curious from your perspective, you know, what's its stake

0:22:39.119 --> 0:22:41.920
<v Speaker 1>going forward between these two companies, how much money is

0:22:41.960 --> 0:22:43.800
<v Speaker 1>on the line, and what needs to happen now to

0:22:43.840 --> 0:22:48.399
<v Speaker 1>sort of finish out this chapter of would be Love, Yes, Lisa.

0:22:48.480 --> 0:22:51.720
<v Speaker 1>So it has been kind of an unfortunate saga for

0:22:51.720 --> 0:22:53.920
<v Speaker 1>for both of these companies over over the past year.

0:22:54.000 --> 0:22:57.240
<v Speaker 1>This was a deal that was announced in UH May

0:22:57.359 --> 0:23:02.080
<v Speaker 1>of seventeen. The companies had hoped to approved when approval

0:23:02.080 --> 0:23:06.359
<v Speaker 1>of their merger you know, early uh this year, and

0:23:06.440 --> 0:23:09.159
<v Speaker 1>that just never happened, and it all culminated, as you

0:23:09.200 --> 0:23:14.240
<v Speaker 1>said last week, UH, with Tribune saying enough is enough,

0:23:14.320 --> 0:23:16.720
<v Speaker 1>we're going to walk away from this deal. And at

0:23:16.720 --> 0:23:20.640
<v Speaker 1>the same time we're going to commence a lawsuit in

0:23:20.640 --> 0:23:25.080
<v Speaker 1>in the Delaware Court of Chancery against Sinclair for our

0:23:25.200 --> 0:23:27.600
<v Speaker 1>damages and in what you put us through for the

0:23:27.600 --> 0:23:30.680
<v Speaker 1>past year. And and as part of that they said, hey,

0:23:30.760 --> 0:23:33.120
<v Speaker 1>we we would also like to get one billion dollars

0:23:33.200 --> 0:23:36.280
<v Speaker 1>in in premium that have that's been lost to our

0:23:36.320 --> 0:23:38.919
<v Speaker 1>shareholders as as a result of this. So it's the

0:23:39.440 --> 0:23:42.440
<v Speaker 1>it's not the end of the story yet between these two.

0:23:42.600 --> 0:23:47.159
<v Speaker 1>How did Sinclair wrong Tribune Media Company? So it's perspective.

0:23:47.280 --> 0:23:50.159
<v Speaker 1>So yeah, so the you know, it's certainly not a

0:23:51.880 --> 0:23:54.280
<v Speaker 1>a breach of contract just to have a deal go bad.

0:23:54.760 --> 0:24:01.480
<v Speaker 1>Tribune says that Sinclair acted beyond the bounds of reasonableness

0:24:01.600 --> 0:24:04.240
<v Speaker 1>here and it had a duty in its contract it

0:24:04.359 --> 0:24:08.840
<v Speaker 1>committed to Tribune to take reasonable best efforts to to

0:24:08.920 --> 0:24:12.199
<v Speaker 1>make this deal happen, and including in working with the

0:24:12.200 --> 0:24:15.280
<v Speaker 1>two regulators involved here, the Department of Justice and the

0:24:15.320 --> 0:24:19.160
<v Speaker 1>Federal Communications Commission. And as part of that, Sinclair even

0:24:19.160 --> 0:24:22.360
<v Speaker 1>had committed they said, will divest stations in ten markets

0:24:22.359 --> 0:24:25.640
<v Speaker 1>that are that are most likely to to to cause concerns.

0:24:25.680 --> 0:24:28.399
<v Speaker 1>They said that in the agreement. What Tribune says is

0:24:28.440 --> 0:24:31.679
<v Speaker 1>that Sinclair then, when it actually got in negotiations with

0:24:31.720 --> 0:24:34.880
<v Speaker 1>those regulators, sort of pulled back on that and said

0:24:35.600 --> 0:24:38.720
<v Speaker 1>and consistently said, well, we don't actually want to divest

0:24:38.800 --> 0:24:41.000
<v Speaker 1>more than you know, maybe three or four stations of

0:24:41.000 --> 0:24:45.040
<v Speaker 1>those ten. And according to Tribune, by acting out of

0:24:45.080 --> 0:24:48.560
<v Speaker 1>its own self interest, uh and and and really kind

0:24:48.560 --> 0:24:51.760
<v Speaker 1>of going back on its own word and its contract. Uh,

0:24:51.840 --> 0:24:55.560
<v Speaker 1>the allegation is that Sinclair breached its contract and and

0:24:55.560 --> 0:24:58.680
<v Speaker 1>and lad to ultimate the ultimate demise of the deal.

0:24:59.000 --> 0:25:01.480
<v Speaker 1>This is really interesting, and perhaps it's not as much

0:25:01.480 --> 0:25:04.680
<v Speaker 1>on people's radar as it should be, because if Sinclair

0:25:04.720 --> 0:25:07.360
<v Speaker 1>were forced to pay Tribune one billion dollars, that could

0:25:07.359 --> 0:25:10.280
<v Speaker 1>be actually a significant loss for Sinclair and a significant

0:25:10.400 --> 0:25:13.040
<v Speaker 1>gain for Tribune, which has kind of had a rocky,

0:25:13.240 --> 0:25:16.440
<v Speaker 1>rocky bunch of years now, right right, and and so

0:25:16.440 --> 0:25:18.640
<v Speaker 1>so the way I see it, though, and I think

0:25:18.640 --> 0:25:23.080
<v Speaker 1>Tribune may have some merit to to its lawsuit generally speaking,

0:25:23.119 --> 0:25:26.200
<v Speaker 1>that the idea that that perhaps Sinclair went a little

0:25:26.200 --> 0:25:29.000
<v Speaker 1>bit beyond what was reasonable under the terms, I think

0:25:29.040 --> 0:25:32.480
<v Speaker 1>I think Tribune has a decent shot to to sway

0:25:32.560 --> 0:25:35.160
<v Speaker 1>the court on on that basis. It's gonna take some

0:25:35.160 --> 0:25:36.879
<v Speaker 1>some proof and it's gonna take some time, but I

0:25:36.920 --> 0:25:39.439
<v Speaker 1>think there's there's a valid chance. The idea that it

0:25:39.440 --> 0:25:42.840
<v Speaker 1>can recover a billion dollars in premium for its shareholders

0:25:42.960 --> 0:25:48.040
<v Speaker 1>is a longer shot though. Uh it's shareholders aren't named

0:25:48.080 --> 0:25:50.919
<v Speaker 1>in the contract. We're suing under a contract here, and

0:25:50.960 --> 0:25:53.840
<v Speaker 1>they're not named as beneficiaries under the contract. And at

0:25:53.880 --> 0:25:56.399
<v Speaker 1>least and at least one court has has in a

0:25:56.440 --> 0:26:00.160
<v Speaker 1>similar case said now, sorry, we you know, we we

0:26:00.359 --> 0:26:03.560
<v Speaker 1>this is about a contract. You the company can recover

0:26:03.640 --> 0:26:07.560
<v Speaker 1>damages because you will promised something shareholders weren't. And so

0:26:07.600 --> 0:26:10.720
<v Speaker 1>I think Tribune, uh it's it's throwing that number out there.

0:26:10.760 --> 0:26:12.879
<v Speaker 1>It's in its complaint. It's saying it's going after that

0:26:12.920 --> 0:26:16.960
<v Speaker 1>shareholder premium. I'm not so convinced that that that's really

0:26:17.040 --> 0:26:19.960
<v Speaker 1>likely here. So might just pad the bonuses of the

0:26:20.040 --> 0:26:24.000
<v Speaker 1>executives and nothing more right, And I mean it helps

0:26:24.040 --> 0:26:27.000
<v Speaker 1>with with with with settlement talks. It's a point of

0:26:27.040 --> 0:26:31.440
<v Speaker 1>Delaware law that isn't completely settled and so that it's not,

0:26:31.920 --> 0:26:34.320
<v Speaker 1>you know, frivolous to make the claim and and it

0:26:34.320 --> 0:26:37.080
<v Speaker 1>will help them in in negotiations and you know, maybe

0:26:37.119 --> 0:26:40.680
<v Speaker 1>settlement is where this ultimately goes, and this might help

0:26:40.720 --> 0:26:42.880
<v Speaker 1>in in in that effort. You know, I have to say,

0:26:43.119 --> 0:26:46.040
<v Speaker 1>you have one of the most interesting jobs of the

0:26:46.080 --> 0:26:48.560
<v Speaker 1>moment because there have been so many tie ups among

0:26:48.600 --> 0:26:51.719
<v Speaker 1>big media companies and everybody's trying to get ahead of

0:26:51.960 --> 0:26:55.080
<v Speaker 1>the next wave of new media. And while we're talking

0:26:55.080 --> 0:26:59.280
<v Speaker 1>about FCC chair a pie, uh, certainly we haven't really

0:26:59.280 --> 0:27:01.640
<v Speaker 1>been focused but probably should be, on all of the

0:27:01.720 --> 0:27:05.320
<v Speaker 1>net neutrality rules and the fact that the agency has

0:27:05.359 --> 0:27:10.119
<v Speaker 1>been examining possibly rolling back the Obama era regulations. Has

0:27:10.160 --> 0:27:13.040
<v Speaker 1>there been any progress made on that front? Yeah, So,

0:27:13.119 --> 0:27:16.760
<v Speaker 1>I mean the the the Republican controlled FCC is well

0:27:16.800 --> 0:27:20.280
<v Speaker 1>on its way to doing that. In fact, it's enacted

0:27:20.480 --> 0:27:25.159
<v Speaker 1>uh in order to undo the net neutrality regulations, and

0:27:25.200 --> 0:27:28.120
<v Speaker 1>that has actually taken effect. Now where we are now,

0:27:28.160 --> 0:27:30.080
<v Speaker 1>this is a story that here in d C will

0:27:30.160 --> 0:27:33.639
<v Speaker 1>will not go away. Uh, and and there's no sign

0:27:33.680 --> 0:27:36.720
<v Speaker 1>that it's going away anytime soon. Because now what what

0:27:36.760 --> 0:27:39.639
<v Speaker 1>you have is is the next litigation in that front,

0:27:40.400 --> 0:27:44.159
<v Speaker 1>where the net neutrality supporters are suing the Federal Communications

0:27:44.160 --> 0:27:48.320
<v Speaker 1>Commission to say no, you you can't undo those rules. Uh,

0:27:48.440 --> 0:27:51.440
<v Speaker 1>that that was an unlawful action that's going that won't

0:27:51.480 --> 0:27:54.280
<v Speaker 1>be decided this year, that will take until sometime next year,

0:27:54.480 --> 0:27:56.879
<v Speaker 1>could even go to the Supreme Court after that, and

0:27:56.920 --> 0:27:59.359
<v Speaker 1>then you look at hey, does the FCC change hands

0:27:59.359 --> 0:28:01.440
<v Speaker 1>in twenty need do we go back to a Democrat

0:28:01.520 --> 0:28:03.720
<v Speaker 1>controlled FCC and do we do this all over again?

0:28:03.760 --> 0:28:07.560
<v Speaker 1>In other words, net neutrality isn't going away any time soon. Correct.

0:28:07.760 --> 0:28:11.200
<v Speaker 1>The technicality, the technical requirement for it technically isn't on

0:28:11.240 --> 0:28:14.399
<v Speaker 1>the books right now. You know, in theory, Comcast and

0:28:14.480 --> 0:28:16.359
<v Speaker 1>Charter and the I S Peace could go ahead and

0:28:16.359 --> 0:28:19.120
<v Speaker 1>and and violate not neutrality, you know, as much as

0:28:19.119 --> 0:28:22.640
<v Speaker 1>they like because there are no rules there. But the

0:28:22.640 --> 0:28:25.120
<v Speaker 1>the whole idea that this is still hanging out there

0:28:25.520 --> 0:28:28.040
<v Speaker 1>is itself a form of a check I think on

0:28:28.119 --> 0:28:29.879
<v Speaker 1>the companies and that it sort of puts them on

0:28:29.920 --> 0:28:32.159
<v Speaker 1>their best behavior if they if they started to be

0:28:32.200 --> 0:28:34.960
<v Speaker 1>real egregious in their traffic management, I think you could

0:28:35.000 --> 0:28:38.160
<v Speaker 1>you could. You know, there's a real threat of of

0:28:38.160 --> 0:28:40.840
<v Speaker 1>of regulation and Congress stepping in with with something that

0:28:40.840 --> 0:28:44.600
<v Speaker 1>the companies wouldn't like. So not neutrality technically isn't required,

0:28:44.680 --> 0:28:47.840
<v Speaker 1>But practically speaking, I think it will be for for

0:28:47.840 --> 0:28:50.240
<v Speaker 1>for some time. Just real quick, can you just give

0:28:50.320 --> 0:28:53.480
<v Speaker 1>us a real quick primer on net neutrality, just in

0:28:53.480 --> 0:28:56.680
<v Speaker 1>caseity was listening. It sounds great, but I know it's

0:28:56.680 --> 0:28:59.200
<v Speaker 1>one of those things you know, you have to explain

0:28:59.240 --> 0:29:01.840
<v Speaker 1>every time. It's just a basic idea that that even

0:29:01.880 --> 0:29:05.600
<v Speaker 1>though the internet service providers Comcast, Charter and your phone companies,

0:29:05.720 --> 0:29:07.920
<v Speaker 1>even though they own the network, that doesn't mean they

0:29:07.960 --> 0:29:10.240
<v Speaker 1>get to control all the traffic or how it runs.

0:29:10.320 --> 0:29:12.440
<v Speaker 1>Over at the ideas that they should treat the network

0:29:12.480 --> 0:29:15.080
<v Speaker 1>as an open platform, like an open highway that anyone

0:29:15.160 --> 0:29:17.240
<v Speaker 1>can get on, and so they shouldn't be able to

0:29:17.240 --> 0:29:22.040
<v Speaker 1>to set fees to prioritize you know, Facebook over Netflix

0:29:22.160 --> 0:29:24.920
<v Speaker 1>or you know, the next Netflix doesn't doesn't need to

0:29:24.920 --> 0:29:27.720
<v Speaker 1>get special permission from Comcast in order to create the

0:29:27.760 --> 0:29:30.600
<v Speaker 1>next great media company. It should be an open platform.

0:29:30.720 --> 0:29:33.080
<v Speaker 1>And uh but but the the company's i sp s

0:29:33.080 --> 0:29:35.560
<v Speaker 1>push back and say, look, we invest billions of dollars

0:29:35.600 --> 0:29:38.120
<v Speaker 1>to build these networks and so we should be able

0:29:38.120 --> 0:29:40.160
<v Speaker 1>to control them. Thank you so much for being with

0:29:40.240 --> 0:29:42.560
<v Speaker 1>us again. I think you have probably one of the

0:29:42.640 --> 0:29:45.800
<v Speaker 1>most fascinating jobs at this moment of dramatic transformation. In

0:29:45.800 --> 0:29:49.160
<v Speaker 1>the media industry. Matthew shoulden Helm. He is media litigation

0:29:49.200 --> 0:29:56.440
<v Speaker 1>analyst for Bloomberg Intelligence. Thanks for listening to the Bloomberg

0:29:56.520 --> 0:29:59.200
<v Speaker 1>P and L podcast. You can subscribe and listen to

0:29:59.200 --> 0:30:03.760
<v Speaker 1>interviews at Apple Podcasts, SoundCloud, or whatever podcast platform you prefer.

0:30:04.160 --> 0:30:07.720
<v Speaker 1>I'm pim Fox. I'm on Twitter at pim Fox. I'm

0:30:07.760 --> 0:30:11.040
<v Speaker 1>on Twitter at Lisa Abramo. It's one before the podcast.

0:30:11.080 --> 0:30:13.680
<v Speaker 1>You can always catch us worldwide on Bluebirg Radio.