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Pay for Performance is More than Pay for Shareholder Return

by Michael Dennis Graham 

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Expert Perspective by Grahall’s OmniMedia Editorial Board

Several articles were published in the Wall Street Journal drawing from the Journal’s Survey of CEO Compensation conducted by the Hay group.

The articles all tout the fact that CEO pay is up (according to the survey) but so too is shareholder return.  As Joann Lublin writes in her article Paychecks for CEOs Climb, “The chief executives of the largest U.S. public companies enjoyed bigger paydays in their latest fiscal year, as share prices recovered and profits soared amid the country’s slow emergence from recession.”  Is this really “pay for performance” as the articles seem to suggest or is a “rising tide lifting all boats”?

Our experience suggests that “pay for performance” requires looking at executive compensation in three ways: 
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Making Lemonade out of Lemons: Occidental Changes its Exec Compensation Plan

by Garry Rogers 

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Expert Perspective by Grahall’s OmniMedia Editorial Board

The Editorial Board read with interest the October 29, 2010 Edgar-Online article Occidental Petroleum tweaks executive compensation policy that indicated that “The company plans to use more long-term incentives to compensate its top executives. Specifically, it will rely on so-called Total Shareholder Return (TSR) Incentives, which grant bonuses to executives based on how Occidental’s stock performs relative to those of 12 peer companies.”

A little background – Occidental’s top executives (in particular Messrs. Irani and Chazen) have long been among the highest paid executives in their industry, if not in the world.  Critics have argued its rewards programs have dramatically overcompensated Mr. Irani in particular.
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Don’t Get In a Twist About Human Capital Turnover

by Joe Davidson 

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Expert Perspective Form Grahall’s OmniMedia Editorial Board

Jon Picoult made some sensible points in his recent article published in the New York Times (Here Comes a Turnover Storm) but in a few important ways he missed the boat.  No doubt there will be turnover when the job market picks up and perhaps most of that is due to employee discontent. But more importantly, before people  begin leaving (because they always do), a company should design its reward and retention programs to hold onto those, frankly, very few, who are the most important to the company. These few, in most cases not more than 15% of the workforce, are those individuals who contribute to the competitive advantage the company offers. 
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Consequences of Heath Care Reform

by Michael Dennis Graham 

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Expert Perspective by Grahall’s OmniMedia Editorial Board

Richard Alonso-Zaldivar’s article, Could overhaul undermine employer health coverage?, for The Associated Press published by MSNBC October 24, 2010 defiantly raises the issue of possible unintended (or maybe even intended) consequences of Heath Care Reform.  He writes: “The new health care law wasn’t supposed to undercut employer plans that have provided most people in the U.S. with coverage for generations. But some employers are weighing the options.” 

Frankly, if we had the luxury to “start from scratch” with Heath Care in this country it is certain that all the experts would steer away from a system that is employer based. 
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Digging a Little Deeper On the Subject of Wall Street Bonuses

by Edie Kingston 

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Expert Perspective by Grahall’s OmniMedia Editorial Board

There has been a flurry of articles recently on the expected bonuses to be paid to Wall Street employees.  The record breaking number for this windfall is as high as $144 billion (with a B) despite the tireless efforts by Messers. Dodd and Frank (and our other elected officials) to reform Wall Street while protecting Main Street.  But then Dodd–Frank Wall Street Reform and Consumer Protection Act was only signed into law in July a mere 3 months ago (the eye blink equivalent for “rule-making”).  Seriously, did anyone think that Congress could focus on reform and protection with mid-term primaries and November 2 elections before them?  It would have taken a bit more than even Christine O’Donnell’s “old black magic” to get than done!

Anyway, with Wall Street year-end bonuses looming (large) and no regulations to help determine what might constitute an “inordinately large payout”, other than from William Alden’s October 17, 2010 article in the Huffington Post Wall Street May Break Pay Record – Again) where “Federal Reserve general counsel Scott Alvarez [is quoted as saying]: “It’s very nuanced… There is no number.”  It seems, to borrow a phrase from Potter Stewart, once Associate Justice of the Supreme Court of the United States, “we’ll know it when we see it”.  Leaving the real question to be: Do we see it with $144 billion?
What is going on here?  That is a question we asked just a couple weeks ago in our blog Of Banks and Bonuses where we said that there were a couple of things at play.  That was an understatement – there are many things at play, and without tweezing them apart and thoroughly examining them – it is hard to say if $144 billion is obscene or not.

Yet theories abound. Here are some of our favorities. 

Perhaps with financial services restructuring, the remaining folks (a smaller group than before) all must work harder and the cost of compensating and retaining the “High” Q individuals is increasing in the market.  This is due to the departure of “process based” jobs, leaving banks and Wall Street with many more intellectually demanding jobs requiring judgment and decision making.  And the people in these tough jobs maydeserve to be better paid.  

Or maybe since Wall Street stocks are up in value (at least over last year if not over last month) and the hard working executives who have turned around these struggling entities (some with the help of taxpayer support) deserve to get some credit or at least some cash.

Perhaps with Dodd-Frank regulations still “in the can” and a chance that favorable tax rates will be repealed in 2011 financial services executives want to cash in now.

And, finally, maybe Wall Street is simply looking to recapture what they ”lost” in bonus payments last time around. 

More likely it is all these things and many, many more.  Remain assurd,  though, that regardless of micro economic, macro economic, global, local, political or any other issues at play, Wall Street has and looks to continue to take care of themselves.

Contact edie.kingston@grahall.com

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Unintended Consequences: Could McDonald’s Demand for Reduce MLR Launch a Public Option?

by Michael Dennis Graham 

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Expert Perspective by Grahall’s OmniMedia Editorial Board

Of course we all know there is no requirement that employers offer their employees heath care insurance or pensions or any of those once imagined “entitlement benefits”.  McDonalds, for all they might be contributing to the obesity epidemic in our country is a company that takes care of its restaurant workers.  The fact that they provide health insurance to restaurant workers is remarkable especially since their workforce tends to be transient.  
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Of Banks and Bankers Bonuses: Is the News Good, Bad or Neither?

by Garry Rogers 

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Expert Perspective by Grahall’s OmniMedia Editorial Board

So what is going on in Financial Services anyway?  One day you read that bankers will get their bonuses early (Newsweek: Banks May Dole Out Bonuses Early).  Then things sound grim when on another day the news is about Wall Street bracing for layoffs and lower bonuses (Huffing ton Post: Wall Street Braces For Layoffs And Lower Bonuses).  Then still more information comes out about the new banking rules and how they will reduce bank profits and therefore reduce bonuses based on profits (Wall Street Journal: New Bank Rules Good for Everything—Except Bankers’ Bonuses).

So is Wall Street suffering like Main Street or not?   There are a couple things at play here.
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Citi’s Board Thinks Their CEO Deserves More Compensation

by Garry Rogers 

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Expert Perspective by Grahall’s OmniMedia Editorial Board

The decision of Citi’s Board in 2011 to  “…compensate Vikram commensurate with the job of CEO of Citi” left our Editorial Board wondering if the Board is intent on communicating a “back to business as usual” message to shareholders and regulators.   According to Matthias Rieker September 20, 2010 article in the Wall Street Journal  (Citi Chairman Intends To Revive CEO’s Pay In 2011) “Pandit had pledged last year to accept only $1 in salary and bonus until Citi returns to profitability. Citi reported a profit for the first and second quarter this year, but Pandit still declined compensation above $1 for this year…”

But Pandit’s commitment to Citi seems not to be shared by his fellow executives, many of whom, we imagine, were involved in decisions that led to the decline of Citi’s stock from well over $50 per share in 2007 to its low of $1.03 in March 2009. 
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Is there any real importance to the ratio of CEO to average worker pay?

by Michael Dennis Graham 

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Expert Perspective by Grahall’s OmniMedia Editorial Board

The September 17, 2010 article in Financial Times (CEO/employee pay ratios) again addresses the nagging question of the seemingly outrageous difference between CEO pay and that of the average worker but raises the question as to whether a larger or smaller differential is “better”.   The author writes: “Would you work harder if the ratio [between the CEO’s pay and yours] was higher or lower? So called ‘tournament’ theories of income differentials reckon that higher is better…[but] others say that the level of chief executive pay is obscenely high and that investors have a right to know which firms reward bosses too much relative to the peons.”

Peons?  OUCH!   But let’s not argue the semantics of arrogance. 

Say on pay is here to stay.  Companies who are outliers with relatively high executive pay will be loudly criticized. 
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No Harm No Foul? The Justice Department Finds Anti-Trust Violations in Hiring Practices

by Michael Dennis Graham 

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Expert Perspective by Grahall’s OmniMedia Editorial Board

In their September 24, 2010 article for the  Wall Street Journal authors Thomas Catan and Brent Kendall (U.S. Tech Probe Nears End)  write: “Several of the U.S.’s largest technology companies are in advanced talks with the Justice Department to avoid a court battle over whether they colluded to hold down wages by agreeing not to poach each other’s employees… these agreements constitute an effort by companies to fix the price of labor, and are therefore just as harmful as price-fixing or bid-rigging—automatic violations of antitrust law.”

Silicon Valley’s response has been two-fold. 
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