Author Archives: Jay Schwartz

The First Thing We Do, Let’s Kill All The Lawyers (April 2019)

This quote is from the revolutionary, “Dick the Butcher” in Shakespeare’s Henry VI.   Apologists for lawyers insist that Dick disliked lawyers because they insured the rule of law which Dick wanted to abolish.  Most commentators say that Dick thought that lawyers insured the triumph of the rich over the poor. 

Current opinions about lawyers have not changed much.  Google the term “lawyer jokes” and you will get many including the following: 

Q:  What do you call 25 lawyers buried up to their chins in cement?

A:  Not enough cement. 

Some lawyers do truly admirable work such as freeing the innocent from wrongful imprisonment.  Most lawyers are like white collar plumbers in that they keep all sorts of legal matters flowing properly.  Then there are the “TV lawyers”, aka, ambulance chasers.  Many of them are members of the American Association for Justice (formerly known as the American Trial Lawyers Association).  I am sure that many of you, like me, immediately think of the word “justice” each time you see one of these lawyers making their televised pitch!

There are often complaints about fees charged.  Tone deaf lawyers, in turn, complain about their plumber’s rates because of the lack of formal schooling, ungrateful that the toilet now works.

Any reader of a national publication regularly sees “Legal Notices” such as appeared in a February 2019 issue of Time magazine.  That notice provided:  “If you purchased Asahi-brand beer between April 5, 2013 and December 20, 2018, you could be eligible for a payment from a class action settlement.” 

The gist of this lawsuit is that the beer in question was advertised as being brewed in Japan when, in fact, some of the beer was brewed in Canada.

If you purchased the Canadian brewed beer, you are entitled to up to $10 per household.  In order to make a claim, you must file a claim form by May 3, 2019.  Actual payment will be based on the type and quantity of the Asahi beer purchased ($0.10 per big bottle, $0.50 per six pack, $1.00 per 12 pack and $2.00 per 24 pack). 

And how does one “prove” the purchase of Ashai beer from Canada in the last five years?  And assuming one could prove the purchase, your total reward would be no more than $10.

So you ask ‒ what kind of nonsense is this?  The defrauded “beer drinker” may receive up to $10 but the attorneys who brought this lawsuit are asking for fees and expenses of $765,000.  Moreover the Settlement Administrator who will sort through the claims will receive up to $300,000 in fees and expenses.  Could it be that the lawyers and the Settlement Administrator have been through this exercise before? 

Did the Canadian beer taste better or worse and really does it matter at all?  Chuck Thompson, the now deceased radio voice of the Baltimore Orioles, used to say after each victory “Ain’t the beer cold!”  The real question here is not whether the Canadian beer was “cold” but why a court is entertaining such claims and rewarding the lawyers bringing them.

If you are an Asahi beer drinker, time to order more cement.

A Stopped Clock, Fruit of The Loom and Donald Trump (March 2019)

It is said that a “stopped clock” is correct twice a day which means that it is correct for two seconds out of 86,400 seconds.  Nevertheless, it is correct for these two seconds.

Trump is a serial liar and speaks to our “worst angels” and not to the “better angels” called forth by Abraham Lincoln.  Nevertheless, he is correct on one thing:  China.

So, why correct on China?  One law enacted in the 1970s was a requirement that goods sold in the United States should bear the country of origin.  The notion was that American consumers would prefer “Made in the USA” goods.  As it turned out, American retailers and consumers deserted American goods for the cheaper variety.

One of the first industries to lose jobs to foreign competition was the apparel industry.  The loss started in the 1970s and is now almost totally in place.

The result:  I am writing this clothed in a tailored shirt made in China, an expensive sweater also made in China, jeans made in Mexico, socks made outside the United States and even my Fruit of the Loom underwear was not “Made in the USA.” 

And if you think that the “China” problem is limited to apparel, check the next time that you buy an alarm clock, a vacuum cleaner, a hose, picture frames or household items.  What I call the “China” problem really is about the production of almost all “stuff” used by Americans outside the United States.

President Xi Jinping is intent on making China the world’s leader.  As Trump withdraws to Fortress America, Xi reaches out to the world.  His biggest effort is the “Belt And Road Initiative” which is an extensive transportation (air, rail, road, sea) infrastructure linking China to Asia, Africa and Europe.  It is the fabled “Silk Road” on mega doses of steroids.  Xi has the advantage of a “command economy” where he is the commander; at the same time commands can be wrong and Xi is not infallible and may well overreach.  Remember the China “one child” policy which totally misfired so that now there are very few to support the very many retirees.  China’s current “Social Security” system is so bad it makes ours appear to be over-funded even though ours will see deep benefit reductions by 2034 if there are not significant changes.

Trump’s main “talking point” is the persistent trade imbalance between China and the United States.  As the “bull in the china shop,” he will produce nominal results but China is in for the “long game” and knows that Trump is gone in a few years.  Xi has already indicated that he will purchase over $1 trillion of American goods in the next three years to remedy the trade surplus imbalance. 

Trump “tweets” this a “GREAT” win and it is an improvement.  But it is not enough because America needs to be as committed to the “long game” as Xi and China are.  Xi’s commitment on the trade surplus is really a throwaway to quell a temporary political problem.  An increase in soybean exports to China may help red state farmers but it is not a “long game” solution which must involve protecting “intellectual property.” 

China obviously considers the 21st century to be “China’s century” just as the 20th century was the “American century.”  The Beijing Review reflects official Chinese policy and stated (1/28/19) that “China and the U.S. are the world’s chief political and economic actors.” The European Union doesn’t even merit a mention much less India or Japan.

The United States manufacturing base was decimated over the last 40 years, leaving many hollowed out American communities.  But, the economy also created different types of jobs. Microsoft, Apple, Google, Dell, Amazon and countless others did not even exist when the outflow of jobs from the apparel industry started.  Hence the current concern over China stealing “intellectual property” is real and needs to be rectified.

Trump has neither the discipline nor attention span to solve the “China” problem.  He will be on to the next “tweet” and taken to the cleaners by the Chinese in the “long game.” However, other Americans can and will take up the Trump slack.

The United States Government needs to do two things to remain in the “long game”:  (1) restore a semblance of proper trade balances and, more importantly, (2) encourage and protect the biotechnology, artificial intelligence and computer economy where America excels.

As to the job of the present and future, America has three assets that will allow it to stay in the “long game.”  Two reside in our present educational system. 

First, America has world class colleges and universities aided by Federal research funding.  Second, elementary and secondary school teachers started – many years ago – to emphasize STEM (Science, Technology, Engineering, Mathematics) education efforts.

Third, hardwired in the American culture is an entrepreneurial ethos which starts trillion dollar companies in garages and dorm rooms.  In America millions of “nobodies” believe they can be “somebodies.”

My bet is that the state run “command economy” of China will falter and the entrepreneurial economy will survive and create meaningful jobs for the grandchildren of American textile workers.

Will everything then be “hunky doory”?  No, but at least some relief may be in sight for the American middle class.