Joel Kwan is a corporate lawyer based in Los Angeles, California. Currently acting as financial/legal associate for Westwood Group, a specialty finance company, Joel focuses on general regulatory compliance, creditor rights and structured finance. Visit his website joelkwan.ca to learn more.

Friday, August 26, 2011

Merci M. Layton



J'ai pu voir M. Layton au sommet de son art lors du conseil général du NPD - section Québec en juin 2011. Il semblait à la fois simple comme personne, mais aussi d'une telle présence!
À la vigile lundi dernier, c'était émouvant de voir des personnes de tous les genres, signe que M. Layton a réussi à rassembler un peuple si divers.
C'est grâce à lui que j'ai décidé de passer de l'étape du scrutin à l'étape de l'implication en politique. Aujourd'hui, fier membre du NDP, j'espère bien pouvoir porter le flambeau et rejoindre d'autres avec les même valeurs et les mêmes préoccupations pour le Canada.

Three recommendations from MBA mentor

We have a mentorship program with the MBA program at McGill. I met with my mentor a few weeks back and three things came out of the meeting:

1) I should take some time off before school starts again (ok I will take 4 days off).

2) I should do the recruitement process for Montreal law firms.

I was hoping to start working outside Montreal after my degree, but it may be the better stepping stone in the long-run. I was told at the carreer office as well that I should not turn down Montreal so quickly. I am starting to be convinced. The work-life balance is more possible, the European, laid-back,lifestyle is more apparent here. Cost of living is lower in Montreal. Easier to network and becoming known in Montreal. We'll see how it goes.

3) I should get some brown dress shoes to match my grey suit.


Thursday, September 23, 2010

THE SECOND HOLLYWOOD REVOLUTION

I am quite interested in the movie industry and particularly its evolution with respects to technological changes. Yesterday, Netflix was officially launched in Canada. I thought it would be interesting to post something on the subject of online streaming.
Netflix is a pioneer in alternative movie rental schemes, starting off with an innovating no-late fees model, where customers can choose movies online and receive them by mail and keep them for an unlimited period for a monthly fee. Netflix also is making important inroads in the online streaming model, which is also offered in Canada as of yesterday.
The widespread use of DVDs and the increasing popularity of video clubs sparked off a rapid transformation of moviegoers. The watching of films became more about the small screen than the big screen. This was the first Hollywood revolution. In the words of Theodore Levitt, Hollywood had been suffering marketing myopia at the time since the sector of activity was too narrowly defined to “movies” as opposed to entertainment as movie moguls denied the inroads TV had been making.
Today, a new revolution is happening and the battling ground is not in your living room but in the virtual world. Hollywood has still not adequately answered to the increasing popularity of streaming videos online. Many models are out there, some legitimate and others that may be categorized as piracy. In order to have a better view of this revolution, let me lay out what is at stake and who are the players.

PLAYERS

In the recent news, the following five players have been involved in the movie streaming service or have indicated that they had plans to move into the field:

• Apple
Using its already much appreciated ITunes platform, it is possible to rent movies online and watch them from a computer. The movie is streamed and made available for 24h. Prices range from 3$ - 5$ depending on the age of the movies. Apple is also rumored to be developing an interface to tap in the ITunes application with the already existing set-top box, Apple TV, which would let viewers download movies and watch them on a television screen.
• Best Buy
Since this past May, Best Buy owns the right to run Cinema Now, an on-demand service that can be used through Blu-Rays and other home cinema systems. Best Buy plans to leverage their Blue Shirt and Geek Squad services with this new offering.
• Time Warner
With 9.2 m broadband subscribers, Time Warner has a massive customer base for online streaming. The cable company and Disney have been negotiating in the past month to establish an online channel with content provided by Disney. A deal has yet to be reached.
• Sony
Apparently the Japanese company is vying to get a share of the online streaming market by developing a streaming service that could be used with the PlayStation game consoles and other electronics with connectivity such as the Bravia TV set.
• Netflix
Netflix is the champion and pioneer of online streaming movies and is making important inroads by getting some of the big movie companies to hop in the online streaming boat. Nintendo and Netflix struck a deal to let Wii users watch movies using the device.



MODELS

Set-top or with devices
This model gives more control to the service provider because proprietary hardware is used to deliver the service, however it incurs upfront costs for customers who have to buy a machine. Apple TV, Sony and Nintendo use a box to deliver content, however in the case of Sony and Nintendo, game consoles also have other uses therefore the delivery of movies become an complementary offer. One important advantage here is that these devices can be hooked to a TV directly which allows a better viewing experience.

Through software
ITunes is the software that Apple uses to deliver the content, though similar to directly online streaming, software that manages many types of media also becomes a powerful option.

Directly over the internet
The most simple option technology wise is to stream content directly on a website, although this is limited to browser compatibility and hardware compatibility issues.

WHAT DOES IT TAKE TO MAKE IT?

• Substantial upfront investment – the hardware and infrastructure required to set-up a high-performance online streaming platform definitely represents a barrier to entry for potential entrants.
• Partnerships with content producers – without partnering with movie producers, there is no product to deliver. Only with the agreement of the producers will the company delivering the media be able to use the content. The same is true for the traditional brick-and-mortar video stores that rent out movies.
• Technology – the bandwidth available is essential to the success of the online streaming platform since low bandwidth will impede customers from enjoying a smooth viewing experience. A technology that is also secure and that can limit threats to privacy and fraud will also be a sine qua none condition for the online streaming platform to succeed.
• IP laws - strong intellectual property laws that are enforced, coupled with a social awareness of piracy and a social stigma attached to illegally downloading and copying movies are also necessary to convince businesses that online streaming is a profit-making opportunity.
• Social trends – the adoption rate of the internet and the relative trust that people have in purchasing over the net are important factors for the online streaming platform.
• Customer base – at this stage, I would also add a strong customer base as a prerequisite to succeed in the field.

Tuesday, September 14, 2010

First thoughts on Law School & Solemn Declaration

Excerpt from a message to my dear friend Ian:

Law school is grueling! I do not recommend it to anyone with a right mind.

The sheer volume of assigned readings is nothing but cruel and unusual punishment (US 8th amendment)

Although the professors' switching of language of instruction from Latin to English to French in the same sentence and sometimes in languages that seem foreign to this universe is definitely not a bona fide
occupational requirement, it is used profusely. (normes du travail)

The socrates method employed during class is certainly not done in good faith (art. 6 CCQ)

And the extremely bright and intelligent students that always find a way to phrase their questions in order to make the rest look dumb are, frankly, not abiding to their general obligations of care according to civil liability (art. 1457 CCQ)

As you can see, I am also already being indoctrinated (not to say brainwashed) in this mysterious, exclusive club up on the upper campus of an apparently 'top 20 in the world' institution, reading 18th century English constitutional texts, legal acts retelling the divisions, sub-divisions, reunifications and further divisions of this country and of course analyzing court cases... not knowing exactly why, how, where, when and what....

However, I am embracing it completely with a mindset apparent of that of a 2 year old that generally has a vocabulary of 50 words and can only make simple sentences. This means my legal vocabulary is rather limited at this point. Everything is novel, curious, challenging and, more importantly, interesting.

I am feeling that I am in for a treat. A gift of wisdom from my peers and professors who are all supremely clever and dedicated individual. I am receiving a gift that opens doors, procures certain powers and generates possible riches.

What am I in it for? Well a bit of everything, a bit of nothing. I am not sure a law student can answer this question honestly and adequately.

But I now know that I am at the right place.


So, with this, let me make a formal declaration:

I hereby declare, that no matter what happens from now on, I, Joel Kwan, will still be the same Joel Kwan when I become a lawyer. My friends will be friends, my family family and my heart will be at the same place (that is, the right place).

Sunday, September 12, 2010

How much is your education worth?


THE NET PRESENT VALUE OF YOUR EDUCATION
Since this is back-to-school time, I thought it would be interesting to look into financial valuations of education programs. It might seem a cynical exercise to do so since such exercises strictly examine the economic benefits and costs, whereas sentimental values of studying in certain fields are omitted.
In introductory finances courses, business students learn various methods to evaluate the value of projects that require investments, have future cash flows and respective levels of financial costs. For instance, a typical valuation problem a business student would get is the implementation of an IT system. The most prevalent method at least in introductory finance courses is the net present value (NPV) method which, in simple terms estimates the value of future cash flows generated by a project and reduces them by a discount rate which is a measure of the cost of using the capital of the project. The amount of initial investment is then reduced by the initial investment. This end result is the NPV and represents an estimated value of the project. Naturally, the NPV must be positive in order to be worthwhile.
Now, a general model to calculate the NPV of an education requires lots of assuming and guessing, but for the purposes of the exercise here are the steps to calculating the net present value of your education. I will also set forth an example with an imaginary person.

#1 Estimate the opportunity cost of attending post-secondary education

Assuming one would at least complete high school education, estimate the kind of revenue you could have earned with only a high school degree from age 14 to age 65.

#2 Estimate the life time income received following higher education

Here you can assume you will work until 65.

#3 Estimate the total lifetime cost of your education

Here you can include everything directly related to school – tuition, books etc…

#4 Use the NPV formula to obtain result

C/d – (K)

C = lifetime value derived from higher education (step 2)

D = risk-free discount rate (suggested by US census bureau*) may be found
here

K= opportunity cost of attending post-secondary education (step 1)
The lifetime cost of your education


* Kantrowitz, Marc. “The Financial Value of a Higher Education” NAFSAA Journal of Student Financial Aid, Vol. 37, No. 1, 2007.

Table from Kantrowitz

Monday, September 6, 2010

Happy Labour Day

In Canada, we celebrate labour day by not working. Sounds contradictory? Well, if we trace back the origin of this celebration in the late 19th century, we find out that labour day originates from labour union mouvements that were demanding better work conditions.

Fast forward to today, labour unions are losing power in large part due to the changing nature of workers. Jobs are becoming more precarious, workers more mobile and temporary because of the important shift from primary and secondary sector jobs to the service sector, where unions have historically had more difficulty making in-roads.

Further, labour laws are still largely based on the typical full-time employment relationship that is becoming rarer and rarer.

The end effect is that workers are facing more precarious work and less legal protections.

Labour day in Canada was first celebrated with a march in support of the Toronto Typographical Union's strike. Perhaps we need to remember why we celebrate Labour day and give a new meaning to the holiday given the new reality of jobs today.

For more information on labour laws in Canada, please see my report on the subject.

Sunday, February 7, 2010

Uh Oh - Canada

Today I post an exerpt of a paper I am working on. I was supposed to blog on the new IPAD, but unfortunately I am too busy to write supplementary material this week. Next week I should be back on schedule with a post on the Olympic Games, just in time for the opening of the Vancouver Olympics.

Introduction
Every year, the World Economic Forum produces a report called “The Global Competitiveness Report” to assess the competitiveness of 133 countries based on specific indicators separated in 12 different pillars (see exhibit 1). In 2009, Canada ranked 9th in the world, up from 10th placed in 2008. According to the World Economic Forum metrics, the Canadian economy particularly falls short in the following pillars: macroeconomic stability, innovation, goods market efficiency and business sophistication (see exhibit 2). In this paper I will attempt to identify underlying issues that may be responsible for a lack of performance on the problematic pillars and provide short and long term recommendations that may help the Canadian economy become more competitive globally.

Analyzing Deficient Pillars

Although Canada has weathered the recent economic downturn quite well compared to its closest neighbour, the United States, Canadian Budget Officer Kevin Page has warned that the government and Bank of Canada forecasts for economic recovery were too optimistic, and in the meantime, austerity measures would be difficult to sustain when large debt payments would come to term. Additionally, Page identifies aggravating factors such as an aging population and scheduled tax cuts . Canada’s macroeconomic stability ranks 31st (out of 133) and World Economic Forum analysts warn that macroeconomic stability would be crucial for sustainable competitiveness of the Canadian economy.
Second, the Canadian economy still largely relies on its natural resources for economic growth, which is problematic since global competition, exchange rate volatility, lagging productivity trends and shortage of labour is taking a toll on the primary and secondary sectors . By and large, the sectors in question have been protected through subsidies and tariffs which come at the opportunity cost of supporting more forward looking industries. For instance, Canada ranks 12th in innovation and could be losing out in strategic industries that require expertise, research and development and innovation (see exhibit 3).
Third, Canada places 16th in goods market efficiency, which reflects its burdensome tax structure for businesses and restrictive labour policies. In fact, a World Economic Forum survey demonstrates that tax rates and restrictive labour policies came in second and third place respectively in terms of problematic factors for doing business in Canada in 2009 (see exhibit 4). Marie-Ann Carignan, originally from the United States, noticed a significant difference in labour policies when she assumed the position of CEO of Purkinje in Canada: “I am forced to hire external consultants on a regular basis to fill full-time positions because it is so difficult to fire employees .”
Fourth, business sophistication is deficient as it places 12th in the World Economic Forum report. The National Director – Manufacturing of Business Development Bank of Canada, Carl Gravel believes that this is caused by Canadian entrepreneurs being generally risk-averse, complacent and over reliant on the United States market .

Recommendations

First, to tackling the macroeconomic problem is by no means a simple task. I believe that in the short-term, the government should focus on lowering consumption taxes to spur household spending in an attempt to raise more taxes. Also, on the monetary side, the Bank of Canada should coordinate in order to ensure that inflation does not go out of hand while the economy recovers. By keeping the interest rate relatively low, and slowly rising it as the economy picks up, incentives for domestic business growth would also remain on a short-term. Further, expansionary policies should help the Canadian dollar remain competitive to encourage exports which would also help reduce the deficit. However, once the economy fully recovers, the second phase would be to further reduce the barriers to foreign trade in order to foster healthy competition within the Canadian economy. According to the Institute for Competitiveness and Prosperity, adopting policies that will encourage FDI, foreign subsidiaries and headquarters in Canada would be critical in the reform of the Canadian Economy . Specifically, lowering corporate taxes, reducing strict controls on FDI and abolishing the government support of traditional “champion industries” would help the economy move to the next level.
Second, attracting world talent and fostering local genius would help constructing industries that are more knowledge based. Concurrently, ensuring that there are opportunities for those individuals to develop strategic technologies would also help build sustainable country advantages. Motivating youth to be more proficient in math and sciences, reducing the rate of high school drop out and attracting investment in strategic technologies such as solar power should be on the agenda of the Canadian government to attack this problem. Also, lifting strict policies on certification recognition from foreign countries would definitely make Canada more attractive to international talent.
Third, Canada should learn from its Scandinavian counterparts where the leading paradigm in terms of labour policy is flexicurity, which aims to protect the employability of citizens rather than protect the particular job or position of workers. This way, the labour would be more attuned to the changing reality of structural precariousness in industry, but also give much needed flexibility to employers.
Fourth, business sophistication could be increased by adopting programs to give tax incentives to companies that implement changes in business processes that make demonstrable increases in productivity. Also, there are a disproportionate number of managers with business degrees in the United States than in Canada, which may explain why there is a lower level of business sophistication (see exhibit 5). Mandatory business training for Canada’s managers that is funded both by the private and public sectors would then help increase business sophistication.

Conclusion

Canada is certainly improving on the global competitiveness front. However, certain weaknesses must be addressed in order to ensure sustainable growth in the future. Businesses and governments must be more forward looking and opportunity seeking since the United States market may become less attractive while emerging and developing markets are largely untouched by Canadian businesses. In this context, the role of the government is to first ensure macroeconomic stability and then help foster strong domestic businesses that will be able to seek the opportunities available outside Canada, since Canada on its own is just not a large enough market to be sufficient for continued growth.


Click to view exhibits





Endnotes

Canada’s chronic deficit ‘not sustainable’: federal budget office” The Vancouver Sun, January 13, 2010, http://www.vancouversun.com/sports/Canada+chronic+deficit+sustainable+federal+budget+officer/2437579/story.html, accessed February 2010.
Carl Gravel, “Helping Canadian SMEs Becoming Globally Competitive,” MBA class discussion, January 12 2010, Desautels Faculty of Management, McGill University, Montreal, Quebec.

“Global Competitiveness Report,” The World Economic Forum, 2009 P.110.
Marie-Ann Carignan, “Managing in Canada and the United States,” MBA class discussion, February 2 2010, Desautels Faculty of Management, McGill University, Montreal, Quebec.
Carl Gravel, “Helping Canadian SMEs Becoming Globally Competitive,” MBA class discussion, January 12 2010, Desautels Faculty of Management, McGill University, Montreal, Quebec.
“Flourishing in the Global Competitiveness Game,” The Institute for Competitiveness and Prosperity, September 11, 2008, P. 11.