Don’t Skewer Sheryl Sandberg

There’s a lot of work to be done between here and equality for women. Rich women in good jobs have one set of problems and poor women have another. Women with children pile on a whole new set of challenges. And women most anywhere can tell you there’s still discrimination that needs to be fixed in the workplace.

So why do critics expect that Sheryl Sandberg, the chief operating officer at Facebook, would be able to solve every problem that women face in one book? I review Sandberg’s “Lean In: Women, Work and the Will To Lead” for Bloomberg Muse today. You can read it here.

Getting a little vertigo from the regulatory revolving door?

There’s been a lot of attention to the government-to-private practice “revolving door” since President Barack Obama nominated white-collar defense lawyer Mary Jo White to be chairman of the Securities and Exchange Commission.

Investor advocates say we should be worried when lawyers shuffle back and forth between jobs as regulators and lucrative spots defending banks and brokerage firms. But the lawyers who move in and out of government jobs say they can handle the conflicts just fine.

The New York City Bar Association had a panel to discuss “The Financial Crisis and the Regulatory Revolving Door” on Feb. 12 and moderator Scott Cohn of CNBC posed the question “Which is it?” Is it spinning out of control or is it non-existent?”

I was one of the six panelists, and cited a few gems from a just-released report by The Project on Government Oversight (POGO) that illustrated the close connection between the SEC and its alumni who’d moved on to represent the institutions the SEC regulates.

In an item about the panel on Feb. 19, POGO said “White’s nomination highlights the challenge that the SEC and many agencies face when senior officials have tangled ties to the industry they’re supposed to be regulating.” You can read the POGO post here.

I wrote about Mary Jo White’s conflicts in a recent column for Bloomberg View.

Your thoughts on the debate? Let me know at @antillaview or susan.antilla15@gmail.com.

 

 

 

No Big Boy Pants for Banks That Whine Over Rules

Are you tired of it yet? “We are all for financial reform,” the Wall Street story goes. “But we can’t have regulations that make us anti-competitive.”

Another financial crisis like the last one and you have to wonder who we’d be worrying about competing against. Whatever. The financial industry is very busy trying to make the case that before we can make new rules, we have to prove that the benefits outweigh the costs. I write about it in my latest column for Bloomberg View:

To get an idea of who has the upper hand in this fight, consider what it entails to be the chump who has to explain the “benefits” side of financial regulation. Costs can be easy to figure out. But how do you put a dollar figure on credit markets that don’t collapse? Or the elderly who don’t lose their life savings because regulators have cracked down on rip-off artists who troll retirement villages?

The object of the exercise is to swamp regulators with work and make rule-making impossible. The strategy is working. Read article.

 

25 Years of Business Dodging the Courts: Happy Anniversary, Folks

It’s happy 25th anniversary to somebody today, but not to you if you’re an investor, a consumer, or an employee who toils outside of the executive suite. On June 8, 1987, the Supreme Court said it was OK for brokerage firms to require customers to give up their rights to court in the event that a broker ripped them off. Instead of open court with public records and annoying reporters who could chronicle the sordid details of abuse of the little guy, investors since then have been stuck in “mandatory arbitration” that’s run by — guess who? — the brokerage industry. Continue reading

Could Silicon Valley Sex Discrimination Case Get Kicked Out of Court?

Sex discrimination isn’t the iPad, folks. It’s more like
the electric typewriter.

When you see the words “tech” or “venture capital,” you think of brilliant geeks coming up with cool new stuff you’d never heard of before, right? Well tech types are in the 1980s when it comes to sex discrimination cases. Ellen Pao, who sued the Silicon Valley venture capital firm Kleiner Perkins Caufield & Byers last month, is claiming that the guys she worked with excluded her from meetings and held fancy dinners with big clients and left the women out. One of her partners said it would “kill the buzz” to have women at one power dinner, according to her suit. We didn’t fix that leaving-the-girls-out thing a couple decades ago?

Kleiner has said the suit is “without merit,” and its star general partner, John Doerr, said in a letter posted on the firm’s website on May 30 that it all amounted to “false allegations against his firm, which boasts “the most” women of any leading venture capital firm. As luck would have it, Kleiner’s woman numbers rose by one the next day, when the firm announced a new partner to focus on investments in consumer internet business, Megan Quinn, would begin in late June.

We’ll see if Pao can even get to court. Kleiner spokeswoman Amanda Duckworth told me in an email that the firm believes Pao’s claims “are covered by an arbitration agreement.” Alan Exelrod, Pao’s lawyer, declined to comment when I asked him if she’d signed anything obligating her to arbitration. Kleiner hasn’t filed any request to have the complaint kicked out of court, but companies in employment disputes usually love the idea of getting a case out of the public eye. Here’s my Bloomberg column on the Pao case and its striking resemblance to lawsuits 20 years past. Read article