Five Major Post-recessionary Economic Realities

Guest Blogger: John Manzella

John Manzella is the author of “Grasping Globalization,” a frequent speaker on global business and policy, China, and today's new economic and political realities and the president of Buffalo-based Manzella Trade Communications, a strategic communications and public affairs firm with expertise in global and economic-based issues. This article was recently published as an editorial in the Buffalo News.

Rough Road Ahead

Companies Must Face Economic Realities, Adopt New Business Strategies

Five major post-recessionary economic realities are impacting America and Western New York. Unless our companies adapt, succeeding in the years ahead will be extremely difficult.

No. 1: Declining U.S. Consumption

Known as the “new normal,” the current and upcoming period is distinguished by less consumption and greater personal savings. Although beneficial, companies will undergo difficult transitions.

A drop in consumer spending, which generates the vast majority of American Gross Domestic Product, will negatively impact already declining growth rates, which fell from an annual average of 3.2 percent in the 1990s to 1.8 percent over last decade. In turn, the American retail sector is anticipated to shrink, forcing U.S. manufacturers to increasingly seek faster-growing foreign markets.

According to The Wall Street Journal, of the 30 companies that comprise the Dow Jones Industrial Average, the 10 with the largest share of international sales are expected to boost revenues by an average of 8.3 percent next year; the 10 with the least are anticipated to grow just 1.6 percent.

Corporate global expansion, especially in emerging markets—which are predicted to grow three times faster than developed ones in 2011—will be even more important in the future. On average, exporting firms employ almost twice as many workers, produce twice as much output, pay workers more, provide health insurance and pensions, and have higher productivity levels than non-exporting firms, says Howard Rosen of the Peterson Institute for International Economics, a Washington, D.C. think tank.

No. 2: A More Difficult China

For years, Ford Motor Company’s slogan was “quality is job one.” If China had a slogan, it would be “stability is job one.” The focus on social order, which will continue to trump other policy concerns, is reflected in the Chinese leadership’s level of control and intense focus on job creation.

But even though instability is feared, China has developed a new post-recession confidence for a variety of reasons. First, due to the global economic crisis that began in the United States, the credibility of the Margaret Thatcher-Ronald Reagan model of free market capitalism is questioned. In turn, many Chinese now view their economic model as superior.

Second, rising Chinese and falling U.S. domestic consumption means China may rely less on U.S. markets. Today, the American share of world consumption is 27 percent; China’s is 9 percent. By 2020, both countries’ share is projected to merge to 21 percent, according to Credit Suisse, a leading financial services company.

Third, China has become the largest holder of U.S. treasury securities, a position of enormous influence. Fourth, China recently surpassed Japan to become the world’s second largest market. And fifth, China is quickly advancing up the technology chain. It’s now the world’s largest manufacturer of wind turbines and is becoming a leader in solar panel, and hybrid and all-electric vehicle production.

This confidence is reflected in China’s more assertive focus on its own interests: the development of domestic technologies, the creation of national champions and the protection of certain strategic sectors, says InterChina Consulting, a management consultancy. Plus, it has become more aggressive in its quest to secure limited global energy resources and raw materials to support its soaring growth.

While analysts say the Middle Kingdom is following a typical economic development process, it appears less willing to accommodate the interests of foreign companies and governments, and increasingly is viewed as protectionist. From the Chinese perspective, America is closing its market and has a double standard. For example, stated in Fareed Zakaria’s new book, a Chinese official asks how his country’s support of a Sudanese dictator in exchange for oil is different than America’s support of a “medieval monarchy” in Saudi Arabia for its oil.

Looking ahead, the U.S.-Chinese relationship appears unpredictable, especially since the character of China’s anticipated next leader, Xi Jinping, who is to take office in 2012, is unknown. Nevertheless, in the long term, both economic superpowers recognize the tremendous downside of a cold war and likely will cooperate well into the future.

In the short term, however, tensions probably will rise over several issues, especially China’s undervalued currency, the U.S. trade deficit and intellectual property. In turn, doing business there likely will become increasingly difficult. As a result, U.S. corporations should ensure that their global expansion plans are diversified.

No. 3: Soaring Competition

As the deepest recession since the Great Depression recedes, firms are preparing for an ultra-competitive global business environment comprised of leaner companies. What are their strategies? Many companies are pursuing mergers and acquisitions, and large manufacturers are increasing their dependence on suppliers of components to streamline their operations to increase productivity. Why? As competition rises, manufacturers are forced to specialize to a greater extent in order to retain leadership in their core competencies. To achieve this, they are increasingly focusing on their strengths and outsourcing non-core functions.

This trend benefits smaller manufacturers by encouraging them to acquire new production functions and further integrate themselves into global supply chains. Plus, to boost competitiveness, many are becoming more entrepreneurial and offering customers value that low-cost country suppliers can’t match. This includes “proprietary high-technology products, a willingness to customize, extraordinary service and parts support, flexible production runs and fast turnaround times,” says the National Association of Manufacturers.

Additionally, smaller manufacturers should seek partners in research and development, manufacturing, and packaging, as well as concentrate on product design, quality, branding strategies, and a customer-centric commitment to build loyalty.

No. 4: Skill Shortages

Prior to the recession, the U.S. experienced a skill shortage at several levels. In fact, according to a 2007 survey by Manpower Inc., a leader in the employment services industry, 41 percent of U.S. companies had difficulty filling positions. This mirrored the global average.

But because the U.S. unemployment rate may remain exceptionally high for years and not return to the historically low rate of about 6 percent, the coming skills deficit is overlooked. However, once greater growth resumes, a skilled labor shortage will surface for several reasons.

The Bureau of Labor Statistics predicts labor force growth to slow significantly due to babyboomers retiring and participation rates of women declining. Jacob Kirkegaard, author of The Accelerating Decline in America’s High Skilled Workforce, says for three decades U.S. workforce skills have stagnated. He predicts a “broad and substantial skill shortages” this decade. This presents an enormous problem for U.S. firms, especially since a skill cycle that once ran for three years now lasts less than one year.

To a large degree, the future success of American businesses will depend on their ability to hire and retain talented employees who can quickly deepen their knowledge base and implement increasingly sophisticated technologies. To achieve this, employers will need to create more attractive working conditions, invest more in employee training programs, and work with local universities and community colleges to ensure graduates have the right skills.

No. 5: Rising Global Protectionism

For U.S. companies to successfully expand internationally, it’s essential that policymakers both here and abroad don’t craft protectionist policies. Unfortunately, protectionism is on the rise and is grasping globalizationincreasingly threatening the global economy, says Lawrence Summers, Director of the White House National Economic Council.

This post-recession trend, however, has not kept America’s competitors from forging new free trade agreements, which number over 300 without U.S. participation. This is putting the U.S., with only 11, at a competitive disadvantage.

In the absence of establishing more job-creating trade agreements, U.S. companies are wise to deepen economic integration with Canada and Mexico, our largest foreign buyers. This will promote the spread of technology and further boost investment, innovation, productivity and competitiveness while creating more good-paying jobs here.

Long gone are the days when finished products were shipped across our shared borders destined for each other’s retail shelves. Today, it’s not uncommon for all three countries to jointly produce products for overseas buyers. Hence, the U.S., Canada and Mexico don’t just make goods for each other, together they make goods for the world.

But the speed and efficiency at which North American supply chains operate—a critical factor impacting costs—are being challenged by a degrading U.S. transportation infrastructure that doesn’t only involve international bridges, like Buffalo’s Peace Bridge. A partial solution is to focus on rail, which is considerably more fuel efficient and greener than trucks.

Once normal global growth resumes, the demand for energy resources, especially in emerging markets, will skyrocket along with fuel prices and boost demand for rail. With this understanding, last year Warren Buffet’s company, which owns The Buffalo News, bought Burlington Northern Santa Fe railroad. China, a country investing heavily in rail, also understands this.

Inventors Hall of Fame: Alexander Graham Bell

Alexander Graham Bell
Born Mar 3 1847 - Died Aug 2 1922

Telephone / Telegraphy
Patent Number 174,465

Inducted to National Inventors Hall of Fame™ in 1973

Alexander Graham Bell's invention of the telephone grew out of his research into ways to improve the telegraph. On April 6, 1875, Bell was granted the patent for the multiple telegraph, which sent two signals at the same time. In September 1875 he began to write the specifications for the telephone.

 

On March 7, 1876, the U.S. Patent Office granted him Patent Number 174,465 (PDF) covering, the method of, and apparatus for, transmitting vocal or other sounds telegraphically by causing electrical undulations, similar in form to the vibrations of the air accompanying the said vocal or other sounds.

Inventor Bio

Born in Edinburgh, Scotland, the inventor spent one year at a private school, two years at Edinburgh's Royal High School (from which he graduated at 14), and attended a few lectures at Edinburgh University and at University College in London, but he was largely family-trained and self-taught. He also worked in medical research and invented techniques for teaching speech to the deaf. In 1888 he founded the National Geographic Society.

Never adept with his hands, Bell had the good fortune to discover and inspire Thomas Watson, a young repair mechanic and model maker, who assisted him enthusiastically in devising an apparatus for transmitting sound by electricity.

After inventing the telephone, Bell continued his experiments in communication, which culminated in the invention of the photophone-transmission of sound on a beam of light- a precursor of today's optical fiber systems. 

Photophone

Invention Impact

The range of Bell's inventive genius is represented only in part by the 18 patents granted in his name alone and the 12 he shared with his collaborators. These included:

 Posted with the permission of the  National Inventors Hall of Fame

Jay Leno's Cool Christmas Gifts

What are some of the best gifts for the patent people and inventor types on your Christmas list?

The other night I was watching Jay Leno on The Tonight Show and he was demonstrating what he thought were the coolest gadgets and I paused the show on my DVR after he demonstrated each toy while I found each one through the wireless Internet connection on my iPad.

Isn’t technology wonderful!


Here are a few of the cool gift ideas and the cool gadget websites where you can find other great gift ideas:

Parrot AR.Drone Quadricopter Controlled by iPhone/iPod touch/iPad AR.Drone remote-control quadricopter

At Parrot.com we find the AR.Drone remote-control quadricopter is a groundbreaking device combining the best of many worlds, including modeling, video gaming, and augmented reality.

The AR.Drone is remote-controlled by either an iPhone, iPod touch or an iPad and features a number of sensors, including a front camera, vertical camera, and an ultrasound altimeter, accelerometer, gyro sensors, and ultrasound sensor combine with a powerful on-board computer to make piloting the AR.Drone easy.

The AR.Drone can also be used in the video game AR.FlyingAce, a dogfight between two AR.Drones.

The Beer Pager

Here is a gift that every college student could use. It is found at the Remote Control Beer Pager beer pagersite.

It began with a Memorial Day party when two friends set their beers down by the BBQ for a spirited game of Cornhole, a beanbag tossing game that builds quite a thirst. Parched, our heroes returned to the grill only to be confronted with 7 open beers. Tragically, they did not know which beer was their own.

In a life changing moment of inspiration, one of these men said, "If only beers came with alarms so we could beep em and find em, like when you lose your car in a parking lot". This ingenious thought was greeted with hilarious laughter. Once the laughing died down the two men realized this was a gift that needed to be shared with the rest of the world.

Melodyhorn Air Powered Steampunk Synthesizer

This is a really cool site, Think Geek " Stuff for Smart Masses it is where I found the Melodyhorn. It is a brand of melodica. It has the keys of a piano, is played like a woodwind instrument, but is polyphonic like a keyboard or a harmonica. Melodyhorn

This is how they describe this instrument, “Before you start thinking we're crazy for bringing you a wacky frankeninstrument, take a look at this list of famous recording artists who have used the melodica on their albums or in their live shows: Ben Folds, Faith No More, Oasis, Depeche Mode, The String Cheese Incident, Cake, Cyndi Lauper, Indigo Girls, Herbie Hancock, and even The Beatles. Ever wondered what instrument plays the opening theme song to the US version of the TV sitcom The Office? That's a melodica, too.

Get in on the hottest, wackiest musical trend and wrap your lips around this steampunk synth!”

The Table Tennis Trainer

From America's Longest Running Catalog Hammacher Schlemmer- The Table Tennis Trainer.

Similar to a tennis ball machine, this automatic table tennis trainer serves a steady stream of balls for solo practice to fine tune one's game.

A turn of a knob selects one of three spin settings: Underspin (where the bottom of the ball rotates away from the player, requiring a chopping stroke to return); Topspin (where the top of the ball rotates away from the player); and a challenging Heavy Topspin (high rpm rotation that must be returned with a controlled downward stroke).

The trainer holds 110 balls and, with an adjustable speed dial, delivers them at any rate from 12 to 70 per minute. And of course batteries are not included.

Jaguar C-X75

This was not show on the Jay Leno show but I thought it was so cool I wanted to share it. It was posted on a cool gadget website called Shiny New Want. Jaguar C-X75It is a futuristic electronic powered car by Jaguar.

It has 4x 195hp electric motors pumping out a 780hp, the lithium-ion batteries can be recharged from your garage’s 220v outlet.

The Jaguar C-X75 also has 2 x 96hp micro gas turbines, to recharge the batteries on the go if you need to go further than the 68 mile battery only range, with the turbines running on gasoline, ethanol, diesel, bourbon or whatever other combustible liquid you have lying around the car can go a total of 560 miles

LoTempio Law Blog One Year Anniversary

LoTempio Law Blog just turned one year old. It is hard to believe it has already been a year since I started writing this blog. Looking back I wonder where the time went.

I would like to thank some people who have assisted along the blogging path:

  • Kevin O’Keefe and the staff at LexBlog who have done everything possible to assist in making the blog look as professional as possible;
  • the mysterious Ed from Blawg Review, without whose help and guidance I would not have embarked on this new and creative outlet. Ed has been generous enough to offer suggestions on everything from topics to write about to how to construct blog pages. He also allowed me to host Blog Review #274 which was a blast!;
  • and, you the readers for your trust and interest in what I have to say.

Thank you!!!

Blogging has enriched my life in so many different ways. I've really enjoyed it.birthday cake

As it turns out writing for the blog has forced me to learn about more than just blogging but a wide variety social networking including Twitter, LinkedIn and Facebook and as a result I made many connections with business people, lawyers, old friends and people in the media.

My goal when I started this project was to provide helpful information regarding intellectual property to a wide audience. I've tried to reach a range of readers from independent inventors to large corporations. 

In order to do that I've had to stay on top of many of the burning issues in the intellectual property field and in my endeavor to try to write something new every week I have become a better lawyer.

Hopefully I provided a lot of useful information about patent, trademark and copyright law. If you have a topic you would like me to write about, just let me know. I love feedback from readers.

Again thank you and I hope you continue to enjoy reading the LoTempio Law Blog as much as I enjoy writing it.

Stopping Copyright Infringement on the Internet?

Protecting intellectual property on the Internet has been a dilemma for the music and movie Homeland security badge industry since peer-to-peer technology emerged with the original Napster.

Recently in an effort to curtail copyright infringement the government has shut down peer-to-peer webpages and the music and movie industry have filed and threatened to file lawsuits against individuals who illegally obtained or shared copyrighted material.

The US government has shut down webpages that facilitate illegal file-sharing through the Immigration and Customs Enforcement (ICE) office of Homeland Security Investigations which executed court-ordered seizure warrants against a number of domain names.

Ben Sisario wrote an article for the New York Times entitled "U.S. Shuts Down Web Sites in Piracy Crackdown” where he stated that

The new seizures also come as a new bill, the Combating Online Infringements and Counterfeits Act, is making its way through Congress. The bill, which was approved by a Senate committee, would allow the government to shut down sites that are “dedicated to infringing activities”... Critics have said the law is too broad, and could affect sites that have nothing to do with file-sharing.

The Electronic Frontier Foundation, an online civil liberties group, has called it “an Internet censorship bill-- a reckless scheme that will undermine global Internet infrastructure and censor legitimate online speech.”

Among the domains shut down was torrent-finder.com and sites that specialized in music: onsmash.com, rapgodfathers.com and dajaz1.com.  it has been reported that at least 70 other addresses had been shut down, most belonging to sites related to counterfeit clothing, DVDs and other goods.

In another attempt to fight copyright infringement and make some money, under the name of the US Copyright Group, the attorneys of Dunlap, Grubb & Weaver are sending out thousands of offers of settlement in lieu of a lawsuit threatening large statutory damages to people for the alleged illegal downloading of certain movies like Hurt Locker and Far Cry.

The Tech Dirt Blog has been following this US Copyright Group closely and has posted a series of articles that cover this story very well.

Dunlap, Grubb & Weaver has sent out letters to thousands of people with this type of language:

Our law firm has filed a federal copyright infringement lawsuit in US District Court for the District of Columbia on behalf of our client is Voltage Pictures LLC we are sending you this letter as a courtesy before we are required to take more formal legal action which would involve adding you as a named defendant in the lawsuit.

The suit was filed against 5000 Doe defendants. We subsequently obtained identifying contact information for many of the defendants from the Internet Server Providers (ISPs) your contact information is supplied to us by your ISP as one of the defendants who illegally obtained or shared our clients copyrighted motion picture through peer-to-peer networking (Gnuttella, BitTorrent etc.) we are sending you this letter is a courtesy before we are required to take more formal legal action which would involve adding you as a named defendant to the lawsuit.

In this letter the "US Copyright Group" cites recent cases against individuals for peer-to-peer file sharing on the Internet where juries awarded large statutory damages. Some incredibly large statutory damages have been awarded by juries in a couple of cases.

So basically the jury said for copying about $25 worth of songs the record industry was injured by almost $2 million. How do you justify such a huge award? Talk about crazy runaway juries!

Although these awards were well within the range of statutory damages set by Congress, the federal district courts struck them down, ruling that the damage awards were, respectively, "grossly excessive" and "simply shocking." They’re still going through the appeal process now.

 "Statutory damages must still bear some relation to actual damages." Hon. Michael J. Davis, Dist. Judge, U.S.District Court, Dist. Minnesota, January 22, 2010, Capitol Records v. Thomas-Rasset

Do you or your kids download free songs or movies on the internet? Nate Anderson reported  at  Ars Technica.com that the consequences of an award like these could be life-altering to the average Joe defendant in these types of cases.

Dunlap, Grubb, & Weaver could take her to court, where the lawyers would try to prove her actions "intentional." And once they did that, "our client will be seeking the maximum statutory damages allowed by the Copyright Act in the amount of $150,000 per infringement, attorneys' fees and costs."

A group calling themselves the USCopyrightGroupIsAScam thinks that US Copyright Group is

“extorting through the legal system thousands of people for the supposedly illegal downloading of certain movies like Hurt Locker and Far Cry. Smaller picture companies Like Voltage and others are trying to use these extortion methods to make profits and possibly gain back monies lost to illegal downloading and pirating of their movies."

But what is protectable? And how are companies trying to come up with innovative theories of law to combat what they deem as infringement? 

What if you were to purchase software on a CD in a box and never opened it and wanted to sell it? Timothy Vernor was sued by Autodesk for copyright infringement for selling unopened boxes of software on eBay.

Vernor, claimed his actions were protected under the "first sale doctrine" (codified in Section 109 of the Copyright Act).  Vernor argued that once Autodesk sells its software to a customer, the company shouldn’t be able to control any resales. Vernor asked the court for a declaratory judgment that he was legally allowed to resell the software.

Steven Seidenberg reported in InsideCounsel.com that the “The 9th Circuit panel held, in Vernor v. Autodesk, Inc., that simply by adopting the right legal terminology, copyright owners can license their works instead of sell them-and the resulting licenses can limit what anyone, even third parties, may do with the works. Copyright owners who license their works rather than sell them can limit customers' use."

How will that change the landscape in copyright infringement? Is it too restrictive? The digital age has put a new twist into an old theory of law. For example it used to be you would buy a vinyl record with eight or nine songs on the record. You could play those songs on a record player at your house or your friend’s house and you could physically bring that record from place to place.

But now in the digital world digital songs can be shared by simply e-mailing or plugging your digital player into someone else’s computer. Should  you have a right to listen to that song anywhere on anyone’s computer or digital playing device? Or once you buy a song should you have to keep it on one computer?