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#1 CRM.
its inquiry into the handling of
Of Gaveling
classified documents at Mar-a-
Lago following a key legal rul-
ing, former prosecutors say. A4
i i i BY KIM MACKRAEL cer-detection blood tests. The Ranked #1 for CRM Applications based on
The NLRB is proposing a AND PETER LOFTUS decision could prompt Illumina, IDC 2021 Revenue Market Share Worldwide.
rule that would make it easier Vexed officials a maker of gene-sequencing
for workers to say they are em- BRUSSELS—The European machines, to shed Grail just
ployed by two employers at resort to bashing Union blocked Illumina Inc.’s over a year after scooping it up.
once, a move that could open acquisition of cancer-test de- The EU’s antitrust regulator
the door to claims against busi- to restore order veloper Grail Inc., putting a said Illumina didn’t offer suffi-
nesses that rely on franchisees, $7.1 billion merger into jeop- cient remedies to address its
contractors or staffing firms. A2 BY JACOB GERSHMAN ardy days after a U.S. adminis- concerns about the deal and
Officials were investi- trative-law judge allowed it to that it would issue a separate
There is no Guinness World go forward. decision ordering Illumina and
gating a ransomware at-
Record for the most banging of The fate of the acquisition Grail to dissolve their transac-
tack on the Los Angeles
a gavel by a local government has emerged as an early test tion.
public school system. A3
official. But a Hinds County case for regulators in the U.S. “It is vital to preserve com-
board of supervisors meeting and EU who have vowed to petition between early cancer-
CONTENTS Personal Journal A9-10 last year in Mississippi was scrutinize mergers more detection-test developers at
Arts in Review.... A11 Property Report... B6
Business News...... B3 Sports........................ A12 surely one for the history closely. this critical stage of develop-
Crossword.............. A12 Technology............... B4 books. The outcome could establish ment,” said Margrethe Ve-
Heard on Street. B12 U.S. News............. A2-4 The gathering began civilly new precedents for mergers- stager, the EU’s competition
Markets..................... B11 Weather................... A12 Source: IDC, Worldwide Semiannual Software Tracker, April 2022.
Opinion.............. A13-15 World News. A6-7,16
enough with an invocation and and-acquisition oversight, anti- czar.
the Pledge of Allegiance. Then, trust lawyers said, especially The action is a significant in-
in protest of an agenda item, since Grail’s tests are relatively tervention by the European
> County Supervisor David Ar- new and generated little reve- competition authority in a case
chie raised a makeshift gavel nue so far—and none in the EU. that involves a U.S. company—
he bought at Home Depot and The EU’s antitrust regulator Grail—with no current revenue
proceeded to pound it hun- said on Tuesday that Illumina’s inside the bloc. salesforce.com/number1CRM
U.S. NEWS
Fight Brews Over New Food Labels U.S. Panel
BY KRISTINA PETERSON Republicans have been
Moves to
WASHINGTON—Nutrition
advocates and food-industry
skeptical that additional labels
would work to sway consumer
behavior and said they aren’t
Ease Joint
groups are revving up for a
fight over whether an addi-
tional label should go on the
necessary, since packaged
foods already have required
nutritional labels.
Employer
front of many packaged-food
items to more clearly indicate
if they pose a health risk.
A trio of groups including
the Center for Science in the
Public Interest filed a petition
Claims
A long-running debate over with the FDA last month, call- BY DAVID HARRISON
what those new labels should ing on the agency to establish
look like—and if they should mandatory front-of-package The federal board that
be required—is heating up nutritional labels for all pack- oversees labor management
ahead of a White House con- aged foods that would require relations is proposing a new
THE CENTER FOR SCIENCE IN THE PUBLIC INTEREST
ference on hunger, nutrition a calorie count, and interpre- rule that would make it easier
and health later this month. tive designs to help people un- for workers to say they are
The Food and Drug Admin- derstand the label. employed by two employers at
istration already requires most For example, some versions once, a move that could open
packaged foods to display a use an octagon shaped like a the door to employee claims
detailed nutritional label, but “stop” sign to warn if a food is against businesses that rely on
they are typically placed on high in added sugars, sodium franchisees, contractors or
the back or side of the item. or saturated fat, while others staffing firms.
Advocates want another, more use the red, yellow and green The proposed rule is one of
condensed label on the front colors of a traffic signal to dis- the first significant policy
of the package that would vi- till nutritional information moves by the National Labor
sually flag certain health risks, into a graphic. Relations Board under the Bi-
such as high sugar or satu- Some industry groups have den administration and will
rated-fat content, at a time of Some groups want the FDA to adopt food-label warnings that use ‘stop’ sign shapes or red, yellow launched voluntary programs, likely be challenged in court
rising national rates of obesity and green to replicate a traffic signal. Similar warnings can be found in other countries: from left, a including Facts Up Front, by business groups.
among adults and children, as Coke bottle in Mexico says it contains excess calories and sugars; a chocolate bar in Ecuador warns started in 2011 by the Consumer The rule would rescind a
well as other diseases. of high sugar and fat while saying it is low in salt; and a Coke bottle in the U.K. warns of high sugar. Brands Association and FMI, 2020 rule issued under the
“We already have informa- The Food Industry Association. Trump administration stating
tion on the side of the pack, they said could pose a First formative labeling to help con- mit that the FDA should de- Around 150 companies use that employees could only
but it’s clear that it’s not hav- Amendment threat, since com- sumers identify foods that can velop an effective front-label- those voluntary labels, which claim to be employed by com-
ing the desired impact to ad- panies could view them as a contribute to healthier diets.” ing plan. display nutritional information, panies holding “substantial,
vance the public health,” said form of forced speech. The agency said it is monitor- A footnote, however, dis- including calories, saturated fat direct and immediate control”
Peter Lurie, president of the “There really is a lack of ro- ing the implementation of closed that the task force itself and sodium, as well as up to over their employment.
Center for Science in the Pub- bust evidence” to support ad- front labels in other countries was divided over whether such two “nutrients to encourage,” Under the current proposal,
lic Interest, a food and health vocates’ claims around front and starting to conduct its labels should be voluntary, such as fiber or potassium. a company with the power
watchdog organization. “This labels, said Roberta Wagner, own consumer focus groups mandatory or implemented in Research into real-world “whether directly, indirectly or
is a chance to make that infor- vice president of regulatory around front labels. stages, and whether the labels consumers’ behavior is ex- both” to control wages, hiring
mation more prominent, more and technical affairs at the The agency also noted it is should include warnings. panding as more countries or work requirements would
readable and more useful.” Consumer Brands Association, working on updating the defi- Congressional Democrats adopt either voluntary or be counted as an employer.
Industry groups say there is and some of the proposed la- nition of a “healthy” food and have introduced legislation mandatory front-package la- That raises the possibility
insufficient real-world evidence bels would “demonize” certain developing a symbol to repre- that would require the FDA to bels. Chile, Ecuador, Peru, that a company that hires a con-
to show such labels would influ- foods, she said. sent it. create standardized, front-of- Mexico, Iran and Israel are tractor to run a cafeteria or
ence consumer behavior. They A spokeswoman for the An outside task force of 26 package labeling for all food among the countries that have clean the office could be consid-
also contend the FDA doesn’t FDA said last week that it food and health experts said in that has a nutrition label, mandatory front labels for ered a joint employer of the
have the authority to mandate “plans to help empower con- their recommendations ahead which excludes some food such certain foods, with Canada contractors’ workers. Or it could
front-of-package labels, which sumers by providing more in- of the White House food sum- as raw fruits and vegetables. joining them in 2026. mean that a fast food or hotel
chain requiring workers to cook
food or clean rooms a certain
Surveys Paint Mixed Picture of Services Providers way could be considered an em-
ployer even if those workers are
hired and paid by franchisees.
Companies could be held re-
BY AUSTEN HUFFORD PMI—an index that tracks in- overall expansion in activity, business conditions, though omy,” said Chris Williamson, sponsible if their contractors
dustries including healthcare, while those below 50 indicate they differ in methodology chief business economist at violate labor law under the Na-
The U.S. services sector ei- finance, agriculture and con- a contraction. and sometimes conclusions. S&P Global Market Intelli- tional Labor Relations Act. It
ther expanded or shrank faster struction. The ISM index reading For their services indexes, the gence. could also force them to negoti-
in August than in July, accord- Separately, data firm S&P came in at 56.9 in August, up ISM polls company purchasing Anthony Nieves, chairman ate with unions representing
ing to two separate business Global said on Tuesday the from 56.7 in July. managers, while S&P Global of ISM’s services business sur- their contractors’ employees.
surveys, adding to other mixed services sector shrank faster The S&P Global index regis- also surveys other executives. vey committee, said compa- “In an economy where em-
signals of the U.S. economy’s in August than in July due to tered 43.7 in August, indicat- The ISM surveys a larger set nies reported increased hiring ployment relationships are in-
strength in recent months. weak demand, according to its ing the sharpest pace of con- of industries—including con- and slowing inflation. creasingly complex, the board
The Institute for Supply Services PMI Business Activity traction since May 2020, down struction, mining, utilities and “It’s painted as gloom and must ensure that its legal
Management on Tuesday said Index. from 47.3 in July. government—that the S&P doom out there and yet the rules for deciding which em-
the nation’s services sector Both indexes are derived Representatives for the two survey excludes. economy seems to be doing ployers should engage in col-
grew faster in August than in from surveys of companies. surveys said their results ac- “We are seeing a broad- pretty good right now,” he lective bargaining serve the
July, according to its Services Readings above 50 indicate an curately portrayed current based slowdown in the econ- said in an interview. goals of the National Labor
Relations Act,” said NLRB
Chairman Lauren McFerran.
U.S. NEWS
California Blaze Rages as Heat Wave Strains Power Grid
U.S. Sees Move
To Yearly Shot
For Covid-19
BY LIZ ESSLEY WHYTE leased last week. Roughly half
of those who got the original
U.S. health authorities plan two shots got a first booster,
to recommend that people get compared with 70% of Ameri-
Covid-19 boosters once a year, cans who have gotten the ini-
starting with the new shots tial two doses, according to
now rolling out, a shift from the CDC.
their current practice of issu- The changed approach
ing new advice every several comes as newly authorized
months. boosters from Pfizer Inc. and
The annual cadence would its partner BioNTech SE and
be similar to that of flu shots, separately from Moderna Inc.
White House officials said roll out across the U.S., days
Tuesday, though elderly peo- after the CDC recommended
DAVID SWANSON/REUTERS
ple and those with weakened their use.
immune systems may need The new shots are modified
more frequent inoculations. versions of the vaccines in use
A shift to annual Covid-19 since December 2020, target-
boosters would be a departure ing the Omicron subvariants
from current practice and BA.4 and BA.5 as well as the
comes after many people in ancestral strain of the virus
the U.S. have ignored calls to that is the focus of the origi- UNDER PRESSURE: A plane dropped fire retardant on the Fairview Fire near Hemet, Calif. With the power grid taxed by days of triple-
get a first or second booster, nal vaccines. digit temperatures, the state faced a nearly record-breaking level of demand on Tuesday. Gov. Gavin Newsom said the heat wave is
partly due to fatigue with re- Next year, health agencies expected to be the state’s longest and hottest on record for September. He urged residents to conserve energy to avoid blackouts.
peat inoculations. may decide to update the
“Barring any new variant shots again based on what
curveball,” said White House variants are circulating at the
vice said. Omar Castillo didn’t respond contracts in the region, prose- criminal indictments and the wearing a GPS monitoring
Leonard Glenn Francis, a to requests for comment. cutors said. forced retirement of several bracelet on his ankle and re-
Malaysian contractor for the Mr. Francis was president Mr. Francis was arrested in top naval officers that gutted portedly living with three of
Leonard Glenn Francis U.S. Navy known as “Fat Leon- of Singapore-based Glenn De- November 2013, and in 2015 the Navy’s leadership ranks in his children.
U.S. NEWS
WASHINGTON—As a $52
Order
billion bill to bolster semicon-
ductor manufacturing in the BY ARUNA VISWANATHA
U.S. approached a critical AND JAN WOLFE
juncture, Commerce Secretary
Gina Raimondo reached out to WASHINGTON—The Justice
some unusual figures to culti- Department faces partly con-
vate support in Congress: for- flicting goals as it weighs how
mer Trump administration na- to proceed in its inquiry into
tional-security officials. the handling of classified doc-
ELIZABETH FRANTZ FOR THE WALL STREET JOURNAL
U.S. WATCH
ment—rather than the execu-
tive branch itself—help deter-
mine what could be covered
by executive privilege left
TENNESSEE Fletcher’s until Tuesday morning. a major highway, stranded motor- some legal experts confused.
Mr. Abston was released from ists, and forced the shutdown of Special masters are more
Abducted Woman’s prison in 2020 after serving 20 the state’s largest zoo. traditionally used to protect at-
Body Is Found years for a kidnapping. On Tues- A flood warning that re- torney-client communications
day morning, he made his first mained in effect in northern after law offices are searched,
Police said Tuesday that they court appearance on charges of parts of the state was extended and Judge Cannon has left un-
found the body of a Memphis kidnapping, tampering with evi- north into Massachusetts and answered how a special master
woman abducted during a pre- dence, theft, identity theft, and west into northeast Connecticut can decide on far more diffuse
dawn run, confirming fears that fraudulent use of a credit card. as rain continued to fall. questions of executive privilege,
Eliza Fletcher was killed after Court records showed Mr. Ab- More than 11 inches of rain had said Paul Rosenzweig, a lawyer
she was forced into an SUV on ston also has been charged with fallen in the city of Cranston by who worked on the indepen-
Friday morning. first-degree murder. early Tuesday afternoon, according dent counsel investigation of
DREW ANGERER/GETTY IMAGES
U.S. Marshals arrested Cle- —Associated Press to the National Weather Service, former President Bill Clinton.
otha Abston, 38, on Saturday af- while some other areas of the “You have to give a special
ter police detected his DNA on a RHODE ISLAND state got around 8 inches of rain. master some guidelines,” said
pair of sandals found near to Rainfall totals were lower in Mr. Rosenzweig. “I think that
where Ms. Fletcher was last Heavy Rains Block neighboring states, although Trump has no executive privi-
seen, according to an arrest affi- Highway, Close Zoo Sterling, Conn., along the border, lege; other people may dis-
davit. Police didn’t find Ms. received more than 7 inches, and agree with that. But that’s a
Fletcher’s body until just after 5 A two-day rainstorm dropped Attleboro, Mass., received almost legal question. It’s not for the
p.m. Monday and didn’t publicly more than 11 inches of rain in one 51/2 inches. UNBOXED: Bottled water was distributed Tuesday in Baltimore, special master to decide.”
confirm the body was Ms. Rhode Island community, blocked —Associated Press parts of which were under a boil advisory after E. coli was detected. Mr. Trump’s former attor-
ney general, William Barr, said
Tuesday he believed the ruling
$87M
ture also hinges on an appeal it sweet and fruity flavors. company said it is focused on sible bankruptcy filing. The come before the 11th Circuit in
has filed with the Food and Youth use of e-cigarettes has the future and is endeavoring vaping company is also explor- Atlanta. The Justice Depart-
Drug Administration, which or- fallen since the U.S. raised the to provide alternatives for ing financing options. ment could ask Judge Cannon
dered Juul in June to pull its minimum purchase age for to- adult cigarette smokers while Under the agreement made to reconsider her ruling rather
products from the U.S. market. bacco products to 21 and combating underage use. Amount Juul agreed to pay to public on Tuesday, $438.5 mil- than file an outright appeal.
The FDA has suspended the ban barred the sale of sweet and Juul, which had more than four other states since last year. lion would be paid out over a The prospect of the Justice
while Juul appeals the decision. fruity e-cigarette refill car- $1 billion in sales last year, period of six to 10 years, with Department and Mr. Trump’s
slipped recently to the No. 2 the amounts paid increasing team agreeing on any poten-
spot in U.S. e-cigarette market. the longer the company takes tial candidates for the role
Cyberattacks
can happen with
just a click
So can
preventing them
WORLD NEWS
Civilians Press to Leave Villages Near Plant
An explosion cut water, fueled hopes that fighting
around the plant might end.
electricity to area near Demand for power has been
nuclear power station much weaker in Ukraine since
the start of the war but that is
controlled by Russia expected to change as winter
approaches.
Scores of people were try- Meanwhile, two explosions
ing to evacuate from villages rang out in the center of
near the Zaporizhzhia nuclear- Berdyansk, a southern city oc-
power plant, Ukrainian offi- cupied by Russian forces early
cials said, as an explosion cut in the war, said local Russian-
off access to electricity and installed officials. One of the
water at a nearby town. blasts targeted the car of the
city’s Russian-installed mili-
By Isabel Coles tary commander, Artem Bar-
in Kharkiv, Ukraine, din, who died in the hospital
and Evan Gershkovich from injuries after an ensuing
in Moscow shootout, the officials said.
Russian state media pub-
WORLD NEWS
The Conservatives, who Ms. Truss must quickly household and business energy for the first time since 2014.
have been in power for 12 make a policy decision that bills, officials close to her said. —Chelsey Dulaney
years, trail the opposition La- could shape the rest of her That would represent a major contributed to this article.
bour Party by about 10 per- tenure: How to protect busi- surge in government spending
centage points in leading opin- nesses and individuals from after the government’s
ion polls. soaring energy prices caused Covid-19 effort to help pay fur- Watch a Video
“For the Tories, it’s taking by the war in Ukraine. House- loughed workers, which cost Scan this code
on the multiheaded hydra,” in- hold energy bills are set to £70 billion. The new program for a video of
cluding inflation, recession, an rise by 80% in October, prov- is likely to dwarf that. Liz Truss taking
energy shock, mounting debt, ing unaffordable for many and One option under consider- over as U.K.
Boris Johnson bid farewell in front of 10 Downing St. on Tuesday. and a sense that government pushing up inflation to the ation is capping wholesale gas prime minister.
Schools Try
To Fix Loss
In Learning
Continued from Page One
combat the learning loss, as
well as to measure just how
deep it is. Some answers to
the second question are be-
coming clear. National data
show that children who were
learning to read earlier in the
pandemic have the lowest
reading proficiency rates in
about 20 years.
double-dose math and summer 2021 and 43% in 2019, accord- she often skips a word or sen-
school to others—and then ing to state data. tence, adding, “I think I can
just hoping that it all adds up A key part of the learning- get better.”
to enough,” said Thomas Kane, loss recovery effort in Texas is Mrs. Collins promised them
an economist and professor of a measure passed by the legis- they would all get better in
education at the Harvard lature in 2021 that provides 30 the months to come.
Graduate School of Education. hours of tutoring for students “Not only are you going to
A concern, he said, is that on the subject matter of each learn everything there is
districts might apply solutions test where they failed to meet about reading,” she said,
and discover their inadequacy grade level. “you’re going to learn every-
only after the federal aid is Tennessee is among a hand- thing I can teach you—in two
spent. The biggest pandemic ful of states that have taken Susan Collins tutors children in small groups at East Cheatham Elementary in Ashland City, Tenn. days a week—about writing.”
BONDS
ELIZABETH
BERNSTEIN
T
dreams?
FROM TOP: ILLUSTRATION BY CAROLE HÉNAFF; WILLIAM DELLENBACK/THE TRUSTEES OF INDIANA UNIVERSITY/KINSEY INSTITUTE
questions such as these
for 75 years.
Alfred Kinsey, the famed sexolo-
gist, founded the organization in
1947. He’d started studying human
sexuality years earlier, when the
university asked him to teach a
course on marriage and family. To
prepare, he looked for scientific re-
search on human sexual behavior.
Finding little, he conducted his own,
and in the process changed the way
we think about our sex lives.
Armed with a list of roughly
350 questions, Dr. Kinsey and
other researchers crisscrossed the
country interviewing thousands of
Americans about their sex lives.
This body of research formed the
basis for two landmark books:
“Sexual Behavior in the Human
Male,” published in 1948, and “Sex-
ual Behavior in the Human Fe-
male,” published five years later.
Kinsey-affiliated researchers—
anthropologists, biologists, sociol-
ogists and psychologists—have
since studied everything from re-
production and sexual health to
homosexuality and gender devel-
opment. Kinsey researchers were
the first to conclude that sexual
orientation is on a continuum and
not an either/or. They held influ-
ential conferences on HIV and
AIDS in the 1980s. erned by two biological systems, Almost everyone fantasizes Lehmiller says. There’s also a lot The journey is the
More recently, they began a not one. Our excitation system, or At the time that Dr. Kinsey of overlap in what men and destination
longitudinal study on the pan- gas pedal, revs us up, and an inhi- started his research, the prevail- women fantasize about, with both Kinsey researchers have conducted
demic’s impact on our sexuality bition system, or brake pedal, ing view on sexual fantasies was saying that their fantasies include about 100 studies on orgasm. And
and intimate relationships. (Fun slows us down. Freudian: People who were happy an emotional element. they’ve shown that men don’t al-
finding: One in five people have These systems—which re- didn’t have them. People fantasized more during ways have one during sex—contrary
tried something new sexually dur- searchers refer to as the Dual Boy was he wrong. the pandemic, Dr. Lehmiller says, to what Dr. Kinsey himself as-
ing this time.) Control Model of Sexual Re- Since 2014, Justin Lehmiller, a often not just for pleasure but to sumed—and women do more than
“We are trying to take this ex- sponse—have their own triggers social psychologist and research cope with stress, relax, distract previously thought. It varies, espe-
perience that millions of people and work independently. Some cially as we age. And this is normal.
have every day and shed some things, like kissing, turn us on. Connecting is the most signifi-
light on the mystery of it,” says Others may turn us off (think: the cant aspect of our sexual experi-
Justin Garcia, Kinsey’s executive kids walking in). ence, says Dr. Garcia, the executive
director. “Basically, we’re always weigh- director.
As the Kinsey Institute cele- ing “Yes sex!” and “Oh, not right Alfred Kinsey’s Other findings suggest pleasure
brates its 75th anniversary this now!” says Erick Janssen, a Kin- researchers have for women has different triggers.
week, I looked at a few of the top sey senior research fellow and “It’s all the accouterments that do
discoveries its researchers have professor of human sexuality at changed the way the trick—the setting the mood,
made about our sex lives. the University of Leuven, in Bel- we think about kissing, petting, massaging,” Dr.
gium, who co-authored the origi- Garcia says. And men and women
The norm isn’t narrow nal research. our sex lives. both fake things, men typically be-
Dr. Kinsey’s work showed that peo- The findings, and numerous re- cause they’re embarrassed about
ple’s sex lives were a great deal lated studies, show that what losing arousal and women typically
more varied than previously turns us on and off varies by indi- to please a partner.
thought. Before his research, mar- vidual, colored by our personality, And while climax is, of course,
ried heterosexual sex about once a physiology and history. And these associated with satisfaction, studies
week in the missionary position may change over time, Dr. Janssen show that there are many reasons
was widely viewed as a normal, says. themselves or feel less lonely. why people have sex, Dr. Garcia
healthy sex life. Understanding this can help us fellow at Kinsey, has been con- Many people also shared their says, from wanting to experience
People also thought that sexual in the bedroom and in our rela- ducting one of the most compre- fantasies with a partner. Those pleasure to wanting a partner to
arousal is linear, that once some- tionship. hensive studies ever done on fan- who did were more likely to re- feel good. A consistently popular
thing excites us, we keep going. “If you start to identify your tasies, which he defines as mental port improvements in their sex reason: “I wanted to express my
And if that doesn’t happen, some- inhibitors and accelerators, this pictures you have while awake life than those who didn’t. love.”
thing’s wrong with us—we have a will help you cultivate the envi- that arouse you. He’s found “Fantasies are a healthy and “The beauty in our sexual lives
dysfunction or just aren’t trying ronment you need to be aroused that 97% of respondents report adaptive part of human sexuality,” is that they are a journey,” says Dr.
hard enough. and stay aroused,” Dr. Janssen having them. Dr. Lehmiller says. “And they can Garcia. “And we should enjoy wan-
In the 1990s, Kinsey research- says. “And it will also help you People’s fantasies are remark- be a lifeline for a lot of people to dering that path and not be so fo-
ers learned that arousal is gov- better understand your partner.” ably similar around the world, Dr. tap into their deeper needs.” cused on the end destination.”
BY ANNE TERGESEN
Retiring bigger profit? deduction, the cost of that 3% mort-
Q
Since 1926, U.S. gage falls to 2.34% after the tax ben-
uit your mortgage before you stocks have deliv- efit is factored in. (This assumes the
quit working.
So goes the standard ad-
From Work ered an average
annual return of
homeowner is in a 22% tax bracket.)
The homeowner must compare the
vice for those nearing retirement,
but that may not be feasible for re-
tirees who bought or refinanced
But Not about 7% after in-
flation, according
to Morningstar
2.34% after-tax cost of the mortgage
with the after-tax return he or she
could earn on a Treasury note. Some-
homes later in life.
Those who can afford to pay off
From Debt Inc.—far higher
than the interest
one in the 22% tax bracket would for-
feit 22% of the note’s 3.49% in inter-
their mortgages may find there is a rate many home est to taxes. That leaves an after-tax
case for keeping their loans in retire- borrowers are pay- return of 2.7%, according to Mr. Roth.
ment. Thanks to higher interest rates, ing on their mort- Because the bond’s 2.7% after-tax
investing savings in bonds instead of gages these days. return exceeds the mortgage’s 2.34%
paying down principal may return But that 7% re- after-tax cost, the strategy of buying
enough to cover more than the cost turn is far from bonds to pay the mortgage remains
of the monthly mortgage interest. guaranteed. So far the more profitable choice, he said.
“A year ago, the math was really this year, the S&P However, if the homeowner
compelling in favor of paying off a 500 is down about doesn’t receive the full tax benefit
mortgage early,” said Allan Roth, a 16.8% through Sept. from taking the deduction, the bond’s
financial planner in Colorado Springs, 1. And from the 2.7% after-tax return falls short of
Colo. But with bond yields signifi- end of 1965 to the covering the 3% mortgage.
cantly higher today, the decision “is a end of 1981, the an-
much closer call,” he said. nualized return on How paying off the mortgage
Americans now are much more the S&P 500 was can affect liquidity
PHOTO ILLUSTRATION BY SAM KELLY/THE WALL STREET JOURNAL, PIXELSQUID (3)
likely to carry mortgage debt into re- about 1.8% without If you pay off a 3% mortgage only to
tirement than prior generations. Ac- dividends. “It’s not discover you need to tap your home
cording to the Federal Reserve, nearly for the risk averse,” equity in retirement, you may have
38% of those ages 65 to 74 had feel they are better off giving priority Consider someone with a $100,000 said Elliot Dole, an adviser in St. Louis. regrets. Retirees with substantial as-
mortgages or home-equity lines of to other goals. Lots of people prefer mortgage that charges a 3% interest sets but little income can have trou-
credit on a primary residence in 2019, keeping an extra cash cushion in a rate. By paying off that mortgage, the Consider the tax impact ble qualifying for a new mortgage,
the latest year for which data is avail- bank or a brokerage account, rather homeowner would save 3% a year, Taxes can change the math on the said Mr. Dole. One retired client of
able. That is up from 22% in 1989. than using it to pay off a mortgage, earning a guaranteed 3% return. decision to pay off a mortgage, gen- his was turned down for a mortgage
When interest rates were low, since home equity can be difficult and That person could also use the erally in favor of paying off the debt. on her primary residence and had to
many homeowners refinanced into expensive to tap in emergencies. $100,000 to buy a short-term Trea- Since the 2017 tax overhaul, which sell assets to meet her cash needs.
new 30-year loans. For many older sury note, which would bring a significantly raised the standard de- Compared with other housing
borrowers, those refis have extended Two rates to compare slightly higher guaranteed return of duction, far fewer homeowners have debt, including home-equity loans
loan terms far into retirement, said If you can afford to pay off your about 3.49% in interest. taken a tax deduction for their home- and reverse mortgages, retaining a
Craig Copeland, director of wealth mortgage now, the key calculation is “If bonds are paying more, then mortgage interest payments. primary mortgage “can be a low-cost
benefits research at the nonprofit to compare your mortgage rate with buy the bond and enjoy the extra Those who do should reduce the way to fill funding gaps,” he said.
Employee Benefit Research Institute. the yield on an ultra-low-risk invest- money,” said Burt Hutchinson, an ad- cost of their mortgage to reflect that Even when the math is favorable,
“If you had a mortgage at 7% or ment, such as a Treasury note or viser in Wilmington, Del. tax benefit when deciding whether to some retirees may still feel more
8% and could refinance it down to 2%, bond, says Mr. Roth. The goal is to What about investing the pay off the mortgage, said Mr. Roth. comfortable paying off the loan. Elimi-
why wouldn’t you do that?” he said. see if you can earn enough in inter- $100,000 in stocks to aim for an If the homeowner above with a nating it can bring peace of mind and
Many retirees cannot afford to pay est after taxes to cover your contin- even higher return to cover your 3% rate on a $100,000 mortgage re- a sense of accomplishment, said Kevin
off their mortgage in a lump sum or ued mortgage interest. mortgage payments and generate a ceives a home-mortgage interest tax Lao, an adviser in Jacksonville, Fla.
A10 | Wednesday, September 7, 2022 NY THE WALL STREET JOURNAL.
PERSONAL JOURNAL.
vices, from weather to social me-
PERSONAL dia, can collect that data and often
TECHNOLOGY sell it to marketers or analysts
NICOLE without our knowledge. Tech com-
NGUYEN panies can also provide your loca-
T
tion data to law enforcement.
So, should we entrust location-
racking friends and family sharing apps with our precise
members on a map was whereabouts? The answer varies by
once considered Big service:
Brother-style surveillance.
Sharing our location with Apple Find My: Your precise
loved ones on services location is end-to-end encrypted if
such as Apple’s Find My and Google both your device and your friend’s
Maps is now normal, even if those device are running iOS 15 or
people are far, far away. newer. Not even Apple can see the
I was in the creeped-out camp data, let alone share it. If either
when live location sharing came on you or your contact are on an ear-
the scene, but I’ve come around. It’s lier version of iOS, your location
convenient. Instead of asking, isn’t fully encrypted. In that case,
“Where are you?” I just look for a Apple says, the devices send data
floating head in the Find My app. to company servers. The data is
There are safety benefits, too. deleted after two hours and not
When I go on a solo hike, I can used for advertising purposes.
make sure someone is periodically Google Maps: Google’s ser-
checking my location. That is, until vices generally don’t cost anything
I end up in a no-service zone—a for consumers. Instead, Google uses
situation that has caused panic on data it collects about you in Search,
occasion. (Sorry, Mom.) Maps and more to serve ads.
I’m also enjoying just looking at A Google feature called Location
the app. Seeing people I care History saves your whereabouts in
about, all in one virtual place, is
strangely comforting.
Yep, the services that parents use
to track down their children have
Sharing Location With a timeline. It’s turned off by default
across Google services. If you en-
able it, Google can use your precise
whereabouts from Location History
become a sort of social network.
time of arrival. WhatsApp lets you work with other companies’ prod- moved,” instead of your floating Life360 is a popular family- search activities or other info.
share your live location—end-to-end ucts. It uses system-level location, head. oriented app that one-ups Apple (You can turn off ad personaliza-
encrypted—for between 15 minutes so if you have Location Services in Google Maps has a location- and Google by also providing a tion.) Google says it doesn’t sell
and eight hours. Just tap on the + Settings turned on, Find My sharing feature built into its free driving report and two days of lo- users’ personal information.
button and select Location. shouldn’t consume additional bat- iOS and Android apps, making it a cation history. (A $5-a-month sub- Life360: Last year, the non-
Apple’s Find My allows you to tery. For iPhones, as of iOS 15, good choice for mixed-platform scription provides a 30-day his- profit data-journalism website
share for one hour, until the end of Find My now shows live tracking households. It can drain your bat- tory.) Users join “circles,” and get Markup reported that Life360 had
the day or indefinitely, while when open. You can see when a tery a bit. The app updates your notifications if they’re removed sold users’ precise location data—
Google Maps has increments be- contact’s location was last updated location in the background at vari- from a circle. If you leave a circle, stripped of identifiable information
tween 15 minutes and always. Con- by tapping on their floating head. ous intervals to minimize power you’ll disappear from the map but such as names and emails—to about
tacts can see your current location To share: Open the Find My app use. When a contact is viewing you other members aren’t notified. a dozen data brokers. Life360 says
when they open the app, but not a and go to the People tab. Select on Google Maps, however, your The app did tax my battery. A it no longer relies as heavily on data
log of where you’ve been. Share My Location, input a contact phone sends more frequent loca- company spokeswoman said nearly sales, and the data that it does sell
Whichever app you choose, be- name, tap Send and choose how tion updates, a spokeswoman said. all users experience minimally re- can’t be used to identify you.
fore sharing location indefinitely, long you want to share your The app shows contacts when duced battery life—10% or less— You can curb the sale of your
think it through first. Cutting off whereabouts. your location was last updated. while using the app all day. data by going to Settings > Privacy
location sharing later on could cre- To revoke: In the Find My app, To share: In the Google Maps & Security, then selecting Do Not
ate awkwardness. Even though tap on the contact’s name. Scroll app, tap on your profile photo, Where your location Sell My Personal Information.
Find My and Google Maps don’t down and select Stop Sharing My then tap Location sharing. Tap data goes Having Big Tech watching us
notify ex-friends when you drop Location. In your iMessage thread New share, and enter the contact’s Location data is some of the most still feels a little creepy. But nowa-
them, it’s more obvious than un- with that contact, you’ll see “You name. (iOS users will need to valuable and sensitive data our de- days, it’s often nice knowing that
friending someone on Facebook. stopped sharing location with…” grant the app “Always” access in vices capture. Many different ser- Big Friend and Family are watching.
ISTOCK
The availability of remote and hybrid work makes dual-purpose trips more appealing.
T
before the pandemic. also preventing wider formal
he future of business Mixing work and play, es- adoption of corporate travel
travel could resemble a pecially when the company policies that allow for blended
mullet—business in the shoulders much of the cost, is trips, says Paul Tumpowsky,
front, party in the back. tempting. CEO of Skylark Travel, a New
As the travel industry Yet many companies still York-based travel agency.
counts on a business-travel don’t have formal rules for Parsing legitimate business
comeback this fall, executives adding vacation travel to a expenses and personal spend-
in the sector point to high de- work trip. An April survey ing might require more staff
mand for trips that combine from the Global Business and oversight. The lack of for-
business and leisure, or what Travel Association found that mal support for these trips
many in the industry call—for 49% of travel managers said means that workers are left
better or worse—bleisure. their company’s travel policy to their own devices when
Hilton Chief Executive sorting out the logistics.
Christopher Nassetta sug-
gested in an earnings call that Work hard, play hard
more guests are tacking lei-
sure time onto business travel.
Marriott CEO Tony Capuano
cited strong occupancy on
49%
Companies with policies that
Planning a workcation?
Here’s advice from travel ex-
perts on how to make your
trip a success.
Thursday and Sunday nights, don’t address blended trips Clarify policies upfront.
near the start and end of Review your company’s travel
many business trips, as proof policy, and ask your supervisor
stays are being extended. questions. Pay close attention
The availability of remote didn’t address blended trips. to what your company’s re-
and hybrid work makes dual- In most cases, workers still sponsibilities are if problems
purpose trips more appealing, could go on them with their arise and how your company
says Debbie Iannaci, head of supervisor’s permission. handles those situations if a
communications and research Corporate-travel profes- trip is extended for fun.
at the Global Business Travel sionals say companies are un- Attend to expenses. Deter-
Association. A July survey sure about the risks they and mine what the company will
conducted by her organization employees might face with and won’t pay for before the
found that 90% of travel man- more dual-purpose trips. trip. Don’t put personal ex-
agers said their employees “If you’re on a business trip penses on the corporate card.
were interested in trips that that you extended by a few Predict your productivity.
combined work and leisure. days and you get hurt, there’s Not all work trips should be
That interest comes as a really interesting question turned into vacations. Rick
business travel demand re- of liability,” says Charlie Sul- Sharga, who averages about
mains down. A July survey of tan, president of Concur two business trips a month as
about 400 global business Travel, a corporate-travel an executive vice president for
travelers by hospitality data- management company. “Are a property-data company,
and-analytics company STR you on a work trip, or is this avoids bringing his family
found that 55% were less part of your pleasure time?” along if he knows he’ll be in
likely to travel overnight for Concerns around account- meetings most of the time.
THE WALL STREET JOURNAL. Wednesday, September 7, 2022 | A11
ARTS IN REVIEW
EXHIBITION REVIEW
BY EDWARD ROTHSTEIN
FILM REVIEW | JOHN ANDERSON two hours to close the Hart Senate
Office Building. “The dogs [there]
Investigating
got Cipro before we did,” the worker
says, referring to the antibiotic used
to fight anthrax ingestion. Although
The Investigation
then-Postmaster General John E.
Potter assured workers at the facil-
ity they were safe, investigators en-
tered the building wearing Hazmat
S
suits. Not a reassuring sight.
ince there’s nothing else in the En route to a nonresolution—few
world to worry about right are willing to say with 100% cer-
now, Netflix and the BBC are tainty who the guilty party actually
taking us back about 20 years to a was—“The Anthrax Attacks” traces
crime that also seemed cruel and the investigation through some ludi-
unusual in its timing—the anthrax- crous moments, including the FBI
letter attacks that followed the harassment of one scientist who had
events of 9/11 by a week, left five been named, rather casually by then-
people dead, more than a dozen Attorney General John Ashcroft, of
sickened and led to a nearly seven- being a “person of interest” and who
year investigation by the FBI. It’s a Vince Lisi, a special agent who worked the case, left; an envelope, above subsequently received round-the-
fast-paced whodunit, despite the clock coverage by the feds and the
answers to its central mystery being media and, eventually, a multimillion-
either memorable, or Google-able, exposed to the anthrax that was was domestic, not imported (how dollar settlement. (Leaving his name
but the reasons why may amount sent to members of Congress, and that was determined is made re- out here seems the decent thing to
to spoilers. So reader beware. scientists such as Paul Keim, a pa- markably accessible to the layman), do.) Vince Lisi, a rather fabled special
Directed by Dan Krauss with an thologist and expert in genome and this led to the U.S. Army Medical agent who came in to lead the FBI
undertone of indignation, “The An- analysis who aided in the investiga- Research Institute of Infectious Dis- probe after it had stalled out, said
thrax Attacks” takes a quasi-docu- tion and—to his still-evident cha- eases in Fort Detrick, Md., where the agency had spent too much time
mentary approach to the attacks, grin—was briefly looked at as suspi- Ivins was a well-known microbiologist “trying to prove someone committed
which targeted news organizations cious by the FBI. and, at first, aided investigators in the crime rather than investigating
in New York and members of Con- it more emotionally engaging than it TV news outlets in New York were their probe. the crime.” A change in investigative
gress in Washington. Clark Gregg might have been had Mr. Krauss the first to receive the anthrax-laden That investigation of the investi- tactics led to a resolution. A change
(of Marvel fame) plays Bruce Ivins, hewed closer to traditional docu- letters, with their crudely scrawled gation, and the overall tone of the in documentary tactics, by Mr.
the microbiologist and vaccinologist mentary devices, although he uses messages about “Death to America” government’s response to the mail- Krauss, makes “The Anthrax Attacks”
who became central to the case. them to great effect as well. Among and “Death to Israel”—although be- ings, is at the angry core of “The a more than worthwhile watch.
(His dialogue, we are told, is based the people interviewed around and fore very much screen time has Anthrax Attacks.” As one former
NETFLIX (2)
on field notes from the FBI and between the dramatized sequences passed, Mr. Keim makes the still-chill- postal worker at Washington’s The Anthrax Attacks: In the
emails from Ivins.) The hybrid qual- are former agents, relatives of vic- ing revelation that the terrorist was Brentwood facility notes, it took 10 Shadow of 9/11
ity of the 90-odd-minute film makes tims, Washington postal workers “one of us.” The nature of the anthrax days to close the post office and Thursday, Netflix
A12 | Wednesday, September 7, 2022 THE WALL STREET JOURNAL.
SPORTS
The overnight tennis JASON GAY
Of Frances Tiafoe
liant afternoon, but before that,
there are thousands of hours, prob-
ably tens of thousands, when the
same player is hidden in anonymity,
competing, practicing, plateauing,
struggling, surviving…all in an ef-
fort to summon this very moment.
There are bad weeks, lost months,
likely some underwhelming years. A former American phenom keeps grinding—and gets the win of a lifetime against Rafael Nadal
It is the exact opposite of over-
night.
Consider Frances Tiafoe. Early
Monday evening at the U.S. Open in
New York City, the 24-year-old
from Hyattsville, Md., won the big-
gest match of his life, defeating the
tournament’s No. 2 seed, Rafael Na-
dal, 6-4, 4-6, 6-4, 6-3, to advance to
a Wednesday quarterfinal. It is a
spectacular win against a legendary
opponent, and vaults Tiafoe to new
status and visibility. People who
don’t follow tennis suddenly are
OPINION
Netflix Doesn’t Work BOOKSHELF | By Daniel Rasmussen
In
streaming
wars,
the
no-
lucrative wireless and broad-
band services. But under the
new owner that option no
bury a nearly complete, $70
million “Batgirl” movie in a
vault where the public can’t
might be value-creating or at
least value-preserving has
dissolved along with the new
Masters
body wants
to be Netflix
anymore and
that in-
longer exists organically.
Warner management is
left trying to make content
production and ownership
see it, in favor of a tax
write-off.
But if there ever were a
business model where execu-
company’s market cap, down
$29 billion.
It seems Amazon, Apple
and, yes, AT&T had it right
Of Money
BUSINESS
WORLD cludes Net-
flix.
pay by other means: launch-
ing an ad-supported version
tion, execution, execution
matters, without the fran-
the first time: Streaming for
general entertainment pur-
How to Invest
By Holman W.
The ques- of HBO Max, clinging more chise-value safety net, the poses will be hard-pressed to By David M. Rubenstein
Jenkins, Jr.
tion that strongly to its relationship new Warner Bros. Discovery pay for itself except as part (Simon & Schuster, 405 pages, $30)
T
once be- with cable operators, movie is it. And for the Warner of a bigger business model.
mused this column about theaters and even compet- properties to end up in this This becomes clearer as Net- he primary attraction of investment books isn’t
whether pure-play, general- ing streamers, who can help sorry situation still strikes flix, Hulu, Disney and the beautiful prose or a compelling plot. Our relationship
interest subscription stream- pay the bills by licensing me as a corporate governance rest of the streaming flock with such titles is more transactional: We spend the
ing can work as a standalone Warner content for their fumble of the first order. suffer a plague of churn as time and money in hopes of learning something that will
business model hasn’t been own services. customers sign up and cancel help make us better investors. While the literati hobnob at
bemusing in a while. Netflix Analyst Rich Greenfield after they’ve watched the lat- Politics and Prose bookstore, we pick up our new reads at
is scurrying at warp speed to calls it the “arms dealer” Pure-play streaming est hot show. the airport en route to a client meeting in Minneapolis.
develop an ad-supported ser- model, selling content to all Years ago, Netflix seemed The breathless publicity for David Rubenstein’s “How to
vice. It’s looking down the comers. But it’s really “arms is a great business to me destined to sell itself Invest: Masters on the Craft” promises that the book will
road to videogames and live dealer plus combatant,” since model for viewers to a bigger, more diversified “transform the way you approach investing forever.” Yet
sports. participants still want their player and we’re getting back after reading Mr. Rubenstein’s interviews with some of the
Don’t be surprised by the own streaming affiliates as but it doesn’t pay. there again. In between, with most brilliant and successful investors of our generation,
remarketing next of Netflix- one of their monetization the giant valuation it for a I came away with few practical takeaways.
trademarked shows to com- options. while enjoyed, it might have Mr. Rubenstein, co-founder of the Carlyle Group, presses
peting streamers or cable TV. Warner CEO David Zaslav The deal last year to sell used its highflying stock to several of his interviewees for advice for individual inves-
Netflix’s choice of Microsoft has taken to dumping on his out AT&T’s stake was badly link up with, say, Disney. The tors. Venture legend Marc Andreessen tells readers to put
to develop its ad platform is AT&T predecessors implicitly, explained in the press—AT&T stock price is always telling their money in the S&P 500, while John Paulson, who made
seen as come-hither toward a with his stock down 48% didn’t take a bath on the you something. The key is to his money shorting the mortgage market, believes that the
possible merger with the since the deal closed in terms. It essentially sold 29% interpret it correctly. But best investment most people
software giant, illustrating April. He’s being a mite un- of Warner Media to Discov- Netflix CEO Reed Hastings can make is owning a home.
another theme of this col- fair. In fact—see Netflix’s ery in return for $40.4 billion missed perhaps the boat of a Perhaps the most candid is
umn: the pull of bundling to bundling arrangement with in cash and assumed debt lifetime. the distinguished trader Stan
make the economics of T-Mobile—the whole industry plus 71% ownership of the And yet perhaps there is Druckenmiller, who warns:
streaming work. This is the is wishing it had the connec- combined companies (albeit still hope for an independent, “You really shouldn’t be
approach Apple and Amazon tion that Warner once had by AT&T shareholders). The relatively undiversified Net- listening to anything I’d say
are taking. with AT&T as a lifeboat in real question: Was this the flix now that others are re- in terms of short term because
A newly minted rival in the storm. best outcome for the high- treating from the streaming my views could change.” To
the streaming scramble, War- Warner’s strategy presum- quality Warner assets? wars and trying to diversify be clear, this is all excellent
ner Bros. Discovery, formed ably requires now a super- AT&T management was their own business models. advice, but none of it is par-
by the merger of reality TV computer to optimize mone- clearly not trusted by the Netflix’s knack is for churn- ticularly novel.
specialist Discovery with the tization of hours upon hours market to run the company it ing out a large supply of Ray Dalio’s investment strat-
hallowed Warner studio of new and old movies and had previously created with good-enough, something-for- egy involves taking ideas and
properties, is also precari- TV episodes, each decision the Warner merger, so man- everyone content. Netflix converting them into “decision
ously rethinking. Bundling complicated by back-end agement perhaps understand- might yet aspire to be the rules,” which he programs
was its strategy under previ- rights owed to producers and ably undid the merger to keep one must-have streaming into a computer, tests and then
ous owner AT&T, which performers. Already we’re itself in a job. Unfortunately purveyor among a plethora combines with other ideas. But Mr. Dalio, the founder of
could use HBO Max to lock in seeing some interesting out- any wisp that rolling the War- of nice-to-have streaming the hedge fund Bridgewater Associates, doesn’t share his
customers for its vastly more comes, like its decision to ner assets into Discovery purveyors. decision rules in his interview with Mr. Rubenstein. Like-
wise, Jim Simons, whose quantitative Medallion fund has
accrued one of the best track records in the business,
Owning Up to America’s Covid Failures doesn’t share any of the code for his magic algorithms.
Mr. Dalio tells us that independent thinking, humility,
working well with others and resilience are the keys to
After more and Native Americans/Alaska 2 to 3 points; at the bottom, tries, Sweden kept its primary success in hedge funds, while Mr. Simons says that it’s
than two Natives (6.6). For every by 10 to 12 points. schools open throughout the actually mathematics, common sense and good luck.
years domi- group, the decline among men Differences in resources pandemic. Without additional How do we reconcile the fantastic success that these
nated by the was substantially higher than during periods of remote research comparing Swedish investors have had with the banality of their advice?
pandemic, the that among women, and the learning accompanied educational achievement with The infrastructure investor Adebayo Ogunlesi says the
desire to get overall difference between achievement gaps. Students in that of countries such as Nor- best guidance he ever received was from Henry Kravis:
POLITICS our lives back men and women widened the top quarter of achieve- way and Denmark, we can’t “No matter how smart you are, or how smart you think
to normal is from 4.8 years to just under 6 ment reported much higher know whether Sweden’s dis- you are, there really is no substitute for experience in the
& IDEAS
intense, but years, a gap last seen in the levels of access to computers, tinctive policy choice made a investment business.” If, as Mr. Rubenstein suggests,
By William
we can’t sim- mid-1990s. high-speed internet, quiet decisive difference. investing is a craft, perhaps we should no more expect to be-
A. Galston
ply go back to Compared with its peers, places to work and regular Still, there were many come better investors by reading interviews with
life at the end the U.S. fared poorly during help from teachers than did signs that remote learning successful investors than we’d expect to become better
of 2019. The pandemic has left the past two years. In 2020 students in the bottom quar- wasn’t working well in the basketball players by reading interviews with NBA stars.
Americans bruised in ways we the U.S. loss of life expectancy ter. Reinforcing these differ- U.S.—and that keeping The real-estate investor Sam Zell, in perhaps the most
are only beginning to assess. was more than three times ences, 67% of high-achievers schools open would have cre- fascinating interview in the book, offers another per-
In areas such as health and the average of other advanced ated only modest health risks spective. Mr. Rubenstein asks him how he would counsel
education, we must dig out of nations. In 2021, while most for students. Keeping public someone who wanted to become the next Sam Zell. “Sam
a deep hole. In many ways, of its peers regained some The U.S. lost 2.7 years schools closed even after vac- Zell is a professional opportunist,” he responds in the
America’s performance has lost ground, the U.S. contin- cines became widely avail- third person. “He’s an entrepreneur. As an entrepreneur,
lagged behind other developed ued moving in the wrong di- of life expectancy, able created economic distor- he has a lot of self-confidence, justified or not I can’t tell
societies, which should force rection. As a result, the life- much worse than tions from which we are still you, but he has a lot of self-confidence. Failure is not in
us to think about how we can expectancy gap between the recovering. his lexicon. Sometimes it doesn’t work out, but never fails.”
do better the next time we U.S. and peer nations ex- peer nations. Granted, many American Mr. Rubenstein asks him if it was hard to ask big insti-
face a pervasive threat to our panded by nearly two years. parents and teachers would tutional investors for money, and he responds: “Probably
well-being. Public education presents a have resisted Swedish-style no more difficult than it was for you. . . . Both of us succeed
A report recently released similar picture. The just-re- expressed confidence that policies. Trust in government with a combination of ego and humility. We succeed be-
by the National Center for leased report from the Na- they could tell when they is much higher in Sweden cause we’re able to adjust that ego and humility backward
Health Statistics revealed tional Assessment of Educa- weren’t understanding a les- than in the U.S., making it and forward to achieve our objectives.” The great investors
that during the peak pan- tional Progress showed a son, compared with only 32% much easier to gain public ac- Mr. Rubenstein interviews are, without exception, also
demic years of 2020 and historic drop in achievement of low-achievers. It’s hard to ceptance for Stockholm’s great marketers, delicately balancing the need to appear
2021, life expectancy in the among fourth-graders. Be- ask for help if you don’t know tough policy calls. To be bet- confident in their strategies with the danger of coming
U.S.—the most basic measure tween 2020 and 2022, overall when you need it. ter prepared next time, we across as arrogant.
of national well-being—de- reading and math scores fell Here, as with life expec- need to evaluate the impact
clined by a stunning 2.7 by 5 and 7 points, respec- tancy, there is evidence of our educational policy
years, from 78.8 to 76.1 years, tively, to lows not seen in de- emerging that we could have choices relative to the avail- Interviews with some of the world’s most
the lowest level since 1996. cades. As with life expectancy, done better. Although overall able options. successful investors offer more in the way of
Put simply, the pandemic groups that lagged behind the student-achievement results This is but one piece of the
erased the effects of a quar- national average tended to do for our European peers aren’t broad inquiry our country biographical interest than practical advice.
ter-century of progress in the worst. In math achieve- yet available, a recent aca- needs. Early this year, Sens.
medical innovation and ment, for example, black stu- demic paper studied Swedish Bob Menendez (D., N.J.) and
healthier lifestyles. dents lost 13 points and His- primary school students and Susan Collins (R., Maine) pro- Readers might come away with less than they’d hoped
These losses weren’t dis- panic students 8 points, found no achievement losses posed a bipartisan bill estab- for in terms of practical advice on investing but with more
tributed evenly across the compared with 6 points for during the pandemic. More- lishing a 9/11-style indepen- than they might have expected in terms of biographical
population. Life expectancy Asian students and 5 for over, low-achieving students dent commission to examine interest and character studies. Some of his interviewees
declined by 3.1 years for men white students. The differ- and those from low-income our response to the pandemic are famously reticent and press-shy, like Seth Klarman,
but 2.3 years for women. ences were even more stark families did about as well as and to make recommenda- while others, like Orlando Bravo, are stars within their
Asian Americans showed the between high- and low- those who ranked higher on tions that would help us do industry but not widely known outside elite circles.
smallest loss (2.1 years), com- achieving individuals. At the these measures. better in future health emer- The world of elite investors is full of big personalities
pared with whites (2.4), top, NAEP scores in reading Unlike most of its peers, gencies. Congress should pass with fascinating backstories. Paula Volent, who is perhaps
blacks (4.0), Hispanics (4.2), and math fell by an average of including other Nordic coun- their bill and get started. the best endowment manager of the 21st century,
attended Yale School of Management after a stint at the
National Gallery of Art in Washington. At Yale she met
Biden Casts Himself as Maxwell Smart David Swensen, who managed the school’s endowment.
Mr. Swensen became a mentor to her, and she later ended
up managing Bowdoin’s endowment. The value investor
By Gregg Opelka TROL, is assigned to the destroying the Statue of Lib- from westerns (“Blazing John W. Rogers Jr. refuses to email or use a computer.
J
case. “Mr. Big must be erty. As Max puts it: “So Saddles”) and Alfred Hitch- His phone number is listed as John Rogers on East Dela-
oe Biden’s “Soul of stopped before he goes any that’s their target. Miss Lib- cock thrillers (“High Anxi- ware Street in Chicago, and he advises anyone who wishes
America” speech is said further,” Max’s boss, known erty herself!” “We, the peo- ety”) to Hitler and Nazism to get in contact with him to call 411. The crypto investor
to have been inspired by only as “The Chief,” tells him ple,” Mr. Biden intoned, (“The Producers”). Mike Novogratz says that his two passions outside of work
the popular historian Jon urgently. “have burning inside of each Mr. Biden’s speech, despite are throwing parties and criminal justice reform.
Meacham, who used that You can see the parallel: of us the flame of liberty its flimsy attempt at admoni- Several times Mr. Rubenstein notes that Carlyle, his
phrase as the title of a 2018 Donald Trump is Mr. Big, that was lit here at Indepen- tory statesmanship, was a own firm, relies on 100- to 200-page memos to justify
book. But I think the presi- “MAGA Republicans” are dence Hall. . . . That sacred translucid partisan bid for each individual investment. Michael Moritz, who started
dent owes a debt to Mel KAOS, and Mr. Biden is in flame still burns.” votes in the midterm elec- his career as a journalist, is disdainful of such verbosity.
Brooks and Buck Henry. His CONTROL. The Chief warns: Great satire uses exagger- tions, its exaggerations at “People tend to overcomplicate these things,” Mr. Moritz
speech reminded me of noth- ation not only for comic ef- once obvious and ridiculous. tells Mr. Rubenstein. “We know that any financial predic-
ing so much as “Mr. Big,” fect, but to illustrate the ab- At the end of the “Mr. tion is going to be wrong, we just don’t know how wrong.
their 1965 pilot episode of Trump stars as Mr. surdity of the issue at hand. Big” episode, Maxwell Smart So huge spreadsheets are useless and worthless.” Mr. Zell,
the spy satire sitcom “Get Hence Alexander Pope’s congratulates himself: “Mis- naturally, agrees. “I for sure didn’t call for 100-page memos
Smart!” Big, bringing KAOS mock-epic poem “The Rape sion accomplished. KAOS de- because, number one, I’d be suspect of anybody who could
Mr. Big, an agent of the to America. Sorry of the Lock” centers on the stroyed. That’s the end of Mr. write a 100-page memo, and two, I’d be suspect of whether
evil spy organization KAOS, theft of a strand of a Big. If only he could have I could read it and not fall asleep.”
threatens to destroy the U.S. about that, Chief. woman’s hair, likening the turned his evil genius into— Mr. Rubenstein’s book offers no trade secrets, no simple
city by city using a device purloining to the abduction niceness.” In accepting the recipes for investing success. His interviews provide some-
called the “inthermo ray,” ca- of Helen of Troy. The dis- 2020 presidential nomina- thing else: insights into the biographies of those who have
pable of “converting heat “Max, this is a big one. The proportion between deed tion, Mr. Biden said: “It’s a devoted themselves to the craft of investing and their
waves into immense destruc- fate of our entire nation may and reaction results in both moment that calls for hope reflections on their own life experiences. Their descriptions
tive power.” KAOS has stolen depend on it.” Mr. Biden: comedy and the revelation and light and love.” If only of their investing approaches may be mostly marketing,
the inthermo and kidnapped “Donald Trump and the of truth. “What mighty con- he would follow the advice and their theories on how they became successful mostly
its inventor, Prof. Hugo MAGA Republicans represent tests rise from trivial his predecessor often platitudes, but there is humor and wisdom in their personal
Dante. (Dante’s inthermo— an extremism that threatens things,” Pope’s narrative be- tweeted: “Get Smart!” stories and perspectives on their shared field.
get it?) Maxwell Smart, agent the very foundations of our gins. Mr. Brooks made a glo-
86 of the top-secret counter- Republic.” rious career out of this Mr. Opelka is a musical- Mr. Rasmussen is the founding partner of the hedge fund
espionage organization CON- Mr. Big plans to start by genre, ridiculing everything theater composer-lyricist. Verdad Advisers.
A14 | Wednesday, September 7, 2022 THE WALL STREET JOURNAL.
OPINION
REVIEW & OUTLOOK LETTERS TO THE EDITOR
Walmart Takes On Lina Khan Which Way Forward for the Grand Old Party?
F
ederal Trade Commission Chair Lina third parties. There’s nothing for a federal judge I find it rich that Joseph Epstein because of the abortion issue. But Mr.
Khan has been smacking around busi- to enjoin. believes Republicans are the party of Molinaro himself took a position sim-
mere opposition (“Republicans ilar to that of much of the long-de-
nesses, but last week Walmart swung Walmart makes a strong case that Congress
Should Stand for More Than Oppos- ceased Democratic Party of the 1990s:
back hard against an abusive “exceeded the limit on the ing Democrats,” op-ed, Aug. 31). Did “personally pro-life” but not support-
lawsuit by challenging the A dubious FTC lawsuit powers that may be constitu- we not have two presidential elec- ive of pro-life legislation.
agency’s enforcement power. tees up the agency for a tionally vested” in the FTC tions with Democratic Party nomi- In practice, that made Mr. Molin-
This one could be fun—and le- when it granted the agency the nees whose major selling point was aro little different from his opponent.
gally significant. constitutional challenge. authority to sue businesses in not being Donald Trump? The party (However, no longer can a Democrat
Ms. Khan last year declared federal court. The reason of Lincoln has always had ideas, but be “personally pro-life”; Democrats
that she wants to use her stems from the Court’s Hum- often it doesn’t get through the me- must pledge unequivocal allegiance to
power to shape “the distribution of power” in phrey’s Executor (1935) precedent. dia. The liberal pen is mightier than the abortion industry to gain support
the economy, and she seems to mean by any In that case, the Court upheld restrictions on common-sense Republican rhetoric. from the party bosses.) For that rea-
means necessary. The FTC’s lawsuit against the President’s removal authority of FTC com- DEBORAH LAKE son, Mr. Molinaro wasn’t endorsed or
Boise, Idaho actively supported by either National
Walmart in June is a case in point. missioners on grounds that the agency was an
Right to Life or our affiliate, New
i i i “administrative body” that exercised only “quasi- Mr. Epstein’s cure for what ails de- York State Right to Life.
The FTC claims Walmart aided and abetted legislative or quasi-judicial powers” such as con- fense-playing Republicans is to start Pro-life candidates who are work-
con artists who swindled its customers. That’s ducting administrative adjudications and making advancing policies and programs ing for life-affirming solutions for
a weighty accusation, but the agency’s evidence investigations and reports to Congress. formed from conservative principles. both mother and child have been
is paper thin. The FTC doesn’t show any wrong- But Congress in the 1970s gave the agency His first piece of advice is for the counted out many times and emerged
doing by Walmart. It argues instead that the fundamentally executive powers by allowing it GOP to promote a sound immigration victorious. They will again.
company turned a “blind eye” by processing to seek injunctions and monetary relief in fed- policy that deals justly with the LAURA ECHEVARRIA
money transfers at the request of customers eral court. Walmart argues that this grant of en- Dreamers. With most conservatives National Right to Life Committee
who had been scammed. forcement authority is invalid under Hum- bristling about America’s open south- Alexandria, Va.
Blind eye? Walmart operated numerous anti- phrey’s Executor. If the President can’t fire ern border, a sprinkle of compassion-
ate conservatism for Dreamers will Your abortion-politics editorial
fraud programs including requiring customers commissioners at will, then they can’t exercise lose more Republican votes than it wisely warns Republican candidates
to show government-issued photo identification executive power. gains. Dream on, Mr. Epstein, if you of an impending reversal of the politi-
and posting warnings about scams. Yet the FTC The power of federal officers “to seek daunt- think the right is going to out-dream cal tides. May an interested voter in-
claims Walmart should have done more to stop ing monetary penalties against private parties the left. quire as to what has become of any
the less than estimated 0.08% of payments that on behalf of the United States in federal court” GENE BRADY sort of contract, nay, contact, with
customers unknowingly sent to scammers via is “a quintessentially executive power not con- Jacksonville, Fla. America? Rep. Kevin McCarthy and
its money-transfer services. sidered in Humphrey’s Executor,” Chief Justice Sen. Mitch McConnell, as Republican
The lawsuit is especially rich coming after John Roberts wrote in the Court’s Seila Law de- The thesis of your editorial “The leaders, you owe the voters a coher-
the U.S. was bilked out of hundreds of billions cision (2020) overturning removal restrictions GOP’s Abortion Problem” (Aug. 25) ent statement of policy that can cata-
of dollars in pandemic relief. The FTC complaint on the Consumer Financial Protection Bureau fits nicely with the narrative that lyze an election win for conservatives.
New York Republican Marc Molinaro’s J. CRAIG COLLINS
is a corollary to the Justice Department’s dubi- (CFPB) Director.
Democrat opponent was victorious Long Beach, Calif.
ous lawsuit against Walmart for fulfilling fraud- Seila Law also stressed that Humphrey’s Ex-
ulent opioid prescriptions, which is pending in ecutor rested on the view of “the FTC (as it ex-
federal court. In both cases Walmart didn’t isted in 1935) as exercising ‘no part of the execu-
knowingly commit any wrongdoing. tive power.’” But today’s FTC wields sweeping
Yet the FTC claims Walmart violated Section executive power to seek injunctions against ac-
Oberlin Now Gives Social Justice a Bad Name
5 of the FTC Act prohibiting unfair trade prac- quisitions, alleged unfair or deceptive trade The situation at Oberlin, where I the bakery. On the contrary, Lorna
tices as well as the agency’s Telemarketing practices, and other putatively anti-competitive was once a student, is much worse Gibson of Gibson’s Bakery writes that
Sales Rule against inducing money-transfer conduct. than even Abraham Socher suggests incoming freshmen are still told to
payments. The agency says Walmart’s mere Ms. Khan is increasingly regulating by en- in “Why I Quit Teaching at Oberlin” avoid her shop (right on its main
awareness that some customers might be forcement, as is CFPB Director Rohit Chopra (op-ed, Sept. 2). Since the Ohio Su- street in a very small town) as a rac-
preme Court has now denied Ober- ist enterprise.
conned makes it liable for damages. and Securities and Exchange Commission Chair
lin’s appeal, the college must pay the I think that Oberlin, once the key
Walmart’s motion to dismiss the lawsuit dis- Gary Gensler. But Mr. Chopra thanks to Seila $36 million it owes Gibson’s Bakery. stop on the Underground Railroad
mantles the FTC’s complaint point-by-point and Law can be removed by the President at will. But the president of Oberlin, Carmen and always one of the most antiracist
mounts a strong constitutional challenge to the Ms. Khan and Mr. Gensler can’t. That means Twillie Ambar, has delayed respond- colleges in America, is now an embar-
agency’s power to bring lawsuits in federal they aren’t accountable to the President though ing for years to the jury’s guilty ver- rassment for anyone who believes in
court. This is where Ms. Khan may have led with they exercise enormous executive power. dict of 2019, claiming that this was social justice. The board of trustees
her chin. Walmart isn’t asking to overturn Humphrey’s somehow a First Amendment case. has only one choice here: Pay up!
The Supreme Court’s unanimous decision in Executor, only to reaffirm its limitations. But its She and her staff have evidently EM. PROF. MARJORIE PERLOFF
AMG Capital last year limits the FTC from seek- legal motion exposes how supposedly indepen- never apologized for the students’ Stanford University
ing monetary damages in federal court for al- dent agencies have become constitutional mon- and administrators’ actions toward Pacific Palisades, Calif.
leged unfair business practices. The FTC may strosities that wield unaccountable power. Ms.
seek only injunctive relief, yet its allegations in Khan may find her grasp for power has constitu-
the Walmart case concern past misconduct by tional limits. SEC Executive-Pay Rule Should Go Further
The Securities and Exchange Com- property and quality of leadership—
D
utive pay with company performance vestors in the dark.
ebates between political candidates are “has dropped his support for a fracking morato- is a step in the right direction, since This new rule on executive com-
never Socratic dialogues, but they’re of- rium he espoused during his 2016 Senate run, only about 20% of the market value pensation and performance is, how-
ten clarifying about the differences be- saying recently that ‘right now our energy secu- of public companies can be ex- ever, limited. It correlates pay and
tween the contenders and the election stakes. rity is paramount.’” plained by their physical and finan- performance, but it does nothing to
cial assets, which are disclosed reveal how leadership can affect per-
Pennsylvanians should hope they don’t have to Would he vote for Medicare for All? Mr. Fetter-
(“SEC Acts to Align Salaries, Re- formance. The SEC has started the
pick a Senate candidate this year without getting man’s website says he thinks that healthcare is sults,” Banking & Finance, Aug. 26). process of reporting human capital,
to see the two nominees argue their cases. a human right and he’ll support “any legislation” Most of their market cap can be at- but there is much more for it to do
Democrat John Fetterman and Republican that moves the U.S. toward universal coverage. tributed to intangible assets—talent to ensure that companies disclose
Mehmet Oz had been invited to a debate Tues- What if that bill also makes private insurance ille- and skills of employees, organization what really matters to investors.
day. Last week Mr. Fetterman declined, citing the gal, as Bernie Sanders has proposed? It’s a ques- culture and processes, intellectual As that process continues, we’ll be
lingering effects of a stroke he suffered in May. tion Mr. Fetterman should be asked. able to get far beyond a simple com-
“As I recover from this stroke and improve my Stroke recoveries can take time, and voters parison of compensation and past
auditory processing and speech, I look forward understand that. Mr. Oz’s surrogates suggest Mr. Water Can Be a Healer If performance: We’ll begin to under-
to continuing to meet with the people of Penn- Fetterman isn’t up to being a Senator, and he stand—with hard data—how to up-
You Know How to Stay Safe grade people, reinvent organizations
sylvania,” he said. “They’ll always know where could prove otherwise by agreeing to debate.
I applaud Elizabeth Bernstein for and develop leaders in ways that
I stand.” More to the point, if Mr. Fetterman can cam-
writing about the healing power of truly deliver results. Our early-stage
But do they? To pick one example, Inside Cli- paign around the state and speak at rallies, he water to reduce anxiety and stress analysis of data from 7,000 compa-
mate News reported in July that Mr. Fetterman can participate in a debate. (“Bonds: Harness the Healing Power nies reveals that human capability
of Water,” Personal Journal, Aug. 24). (the ability to manage people, organi-
A
better sleep. It also offers a lifesaving intangible value, employee productiv-
ntitrust regulation is running off the governments lack jurisdiction. benefit, as learning how to swim can ity and social citizenship.
rails in Europe and the U.S., and their Six countries did so and, voila, Ms. Vestager be an effective tool to help prevent RAM CHARAN AND DAVE ULRICH
citizens could wind up as collateral now claims authority to force Illumina to unwind drowning. Dallas and Alpine, Utah
Being in the water is good for both
damage. The latest example is the acquisition. She is tag-
Europe blocks the body and the mind. As the popu-
the European Commission’s teaming with the U.S. Federal
order Tuesday to derail gene- Illumina’s takeover deal Trade Commission, which last
larity of “blue spaces” soars, so too A ‘Futile and Stupid Gesture’
must the need for water safety and
sequencing giant Illumina’s year also moved to block the Regarding Kimberley Strassel’s “Bi-
education. Drowning happens in a
acquisition of cancer blood- that could save lives. deal. Both regulators claim the matter of seconds. While it can hap-
den’s Bluto Moment” (Potomac
test startup Grail. merger could impede competi- Watch, Aug. 26): Facing an intractable
pen to anyone, it is the leading cause
problem in the movie “Animal House”
Grail has developed a lab tion in the embryonic multiple of death among children ages 1 to 4.
(1978), Otter rallies the Deltas with
test that can identify more than 50 cancers at cancer-early detection market. Proper supervision and finding learn-
the line: “I think that this situation
early stages with a simple blood draw. Screen- “Illumina is currently the only credible sup- to-swim programs are critical, lifesav-
absolutely requires a really futile and
ings don’t exist for most cancers, so many plier of a technology allowing to develop and ing measures. Water can be a great
stupid gesture be done on somebody’s
aren’t caught until they’ve spread and are process these [multi-cancer early detection] healer for all, but we must make sure
part!” Bluto replies, “We’re just the
people are educated on the best and
harder to treat. While Grail’s test can’t catch all tests,” Ms. Vestager said. “With this transac- guys to do it.” Given the problems
safest way to navigate it.
cancers, it can detect the 12 deadliest with tion, Illumina would have an incentive to cut off ROWDY GAINES
facing the country, I wonder if the Bi-
about 76% accuracy, and its false positives are Grail’s rivals from accessing its technology, or den administration had this in mind
Orlando, Fla.
less than 1%. The tests could save tens of thou- otherwise disadvantage them.” But Grail cur- when it came up with the student-
Mr. Gaines is an Olympic gold
sands of lives a year if widely adopted. rently has no rivals. debt-forgiveness boondoggle.
medalist in swimming.
DAVID BROSNAHAN
Enter Illumina, which makes platforms that An FTC administrative law judge last week
Oro Valley, Ariz.
sequence genetic tests for the likes of fetal ab- ruled against the FTC on the Illumina-Grail tie-
normalities and Covid variants. While Illu- up primarily on this point. While some compa- The IRS Needs Competition
mina dominates this market, its growth in re- nies are working to develop tests that might The IRS has no competition, so it
cent years has slowed amid competition from someday compete with Grail’s, expert testimony provides lousy service (“This Is Your
Pepper ...
Chjna’s BGI Group. Illumina saw a growth op- during the FTC trial estimated that it could be IRS at Work,” Review & Outlook, Aug. And Salt
portunity two years ago by making an $8 bil- five to seven years before one even launches. 20). The worse service it provides,
THE WALL STREET JOURNAL
lion bid for Grail. The judge noted that Illumina has promised the the more money it needs to improve.
Illumina says its experience negotiating in- same contractual terms to future competitors The fix is to bring competition into
surer reimbursements for genetic tests could as to Grail. Ms. Vestager says Illumina can’t be play by outsourcing administration of
accelerate Grail’s commercial adoption. Because trusted to honor its contractual promise. But the tax system to the private sector,
while retaining government’s enforce-
most insurers currently don’t cover Grail’s test, companies could sue if it doesn’t.
ment responsibility. If done intelli-
the startup last quarter generated only $12 mil- U.S. courts have repeatedly ruled that anti- gently (a stretch, I know), it would
lion in revenue and ran an $187 million operat- trust theories and speculation can’t trump yield better service at lower cost.
ing loss. This makes the EC’s order blocking the facts. But U.S. and European antitrust regula- JONATHAN COBURN
deal all the more bizarre. tors want to set the precedent that they can Apex, N.C.
The acquisition doesn’t qualify for antitrust block acquisitions even when there is no evi-
review under the European Union’s bylaws be- dence of imminent harm to consumers or com-
Letters intended for publication should
cause Grail doesn’t do business in Europe. Yet petitors. They merely want to stop big compa- be emailed to wsj.ltrs@wsj.com. Please
Europe’s competition commissioner Margrethe nies from growing bigger. include your city, state and telephone
Vestager has invoked a provision in the EU’s Illumina plans to appeal the EC order, but the number. All letters are subject to
merger regulations that lets member states re- legal uncertainty could hamper Grail’s growth. editing, and unpublished letters cannot
be acknowledged.
fer transactions to the commission when their The loss may be fewer cancers cured. “He was all nuance and no message.”
THE WALL STREET JOURNAL. Wednesday, September 7, 2022 | A15
OPINION
N
closed conflicts of interest in the Big problem could be market-based. As
ineteen state attorneys Three’s “selective” promotion of ESG reported in these pages, Strive, a
general wrote a letter last criteria against U.S. companies but new asset-management firm bucking
month to BlackRock CEO not Chinese companies. According to the ESG trend, has emerged, and
Laurence D. Fink. They Mr. Landry, in 2021 BlackRock exer- more will hopefully follow.
warned that BlackRock’s cised its proxy voting rights as Another defense to ESG investing
environmental, social and gover- Exxon’s second-largest shareholder asserts that ESG factors, though
nance investment policies appear to to lead “an activist campaign that nonpecuniary, are material to profit-
involve “rampant violations” of the forced Exxon to cut oil production,” ability and that ESG investing will
sole interest rule, a well-established without disclosing that many of the therefore produce superior out-
legal principle. The sole interest rule “oil fields dropped by Exxon” are comes. That claim appears to rest
requires investment fiduciaries to “poised to be acquired by Petro- more on hope than fact. A March
act to maximize financial returns, China” and that BlackRock is “one of 2022 report in the Harvard Business
not to promote social or political ob- PetroChina’s largest investors.” Review states that “ESG funds cer-
jectives. Last week Attorneys Gen- Mr. Landry has a point. BlackRock tainly perform poorly in financial
eral Jeff Landry and Todd Rokita of has an enormous stake in Petro- terms.” A June 2022 study found
Louisiana and Indiana, respectively, China, reporting holdings of be- that “ESG funds appear to underper-
went further. Each issued a letter tween one trillion and two trillion form financially relative to other
DAVID GOTHARD
warning his state pension board that shares, representing between 5% and funds within the same asset manager
ESG investing is likely a violation of 10% ownership, from 2018-22. If Mr. and year, and to charge higher fees,”
fiduciary duty. Landry’s allegations are correct, concluding that ESG asset selection
BlackRock’s ESG-based promotion of “accounted for an annual drag on re-
oil production cutbacks at Exxon turns of -1.45 percentage points.”
State attorneys general might have been a staggering con- “protecting the fund from that risk.” to Louisiana and Indiana law, the The true problem with ESG runs
flict of interest. By putting pension trustees on principles they invoke are part of the deeper: the unprecedented concen-
issue a strong warning to Second, both Mr. Landry’s and Mr. notice that the Big Three are “likely” common and statutory laws of al- tration of wealth accumulated by the
investment managers and Rokita’s letters are warnings to pub- violating their fiduciary duties, most every state. Under those princi- Big Three, which now collectively
lic pension-plan trustees, who are Messrs. Landry and Rokita are warn- ples, social-impact investing has long own more than $20 trillion in assets.
retirement fund trustees. under the same fiduciary duties that ing that continued investment with been viewed as legally problematic. That’s comparable to the entire an-
BlackRock is. Mr. Rokita’s opinion those firms may subject pension As stated by the drafters of the Uni- nual output of the U.S. economy. The
concludes that public pension boards board members, staffers and regis- form Prudent Investor Act, a model Big Three use their vast economic
The Louisiana and Indiana opin- are “prohibited” from retaining asset tered investment advisers to per- statute that has been substantially clout to push a social and political
ions didn’t make headlines but have managers who “make investments, sonal liability. adopted by a majority of states, “no agenda that many Americans don’t
seismic implications: They suggest set investment strategies, engage The Louisiana and Indiana opin- form of so-called ‘social investing’ is support and never voted for. It’s a
that state pension-fund board mem- with portfolio companies, or exercise ions run counter to new agency rules consistent with the duty of loyalty if usurpation of their political rights.
bers, investment staff and invest- voting rights appurtenant to invest- proposed by the Biden administra- the investment activity entails sacri- But if Mr. Landry and Mr. Rokita are
ment advisers may be liable if they ments based on ESG considerations,” tion that would make it easier for ficing the interests of trust benefi- correct, it’s also a legally actionable
continue allocating funds to ESG- which the Big Three all do. pension fiduciaries to engage in ESG ciaries . . . in favor of the interests of violation of fiduciary duty—by the
promoting asset managers such as This conclusion is logical. If Black- investing. But the proposed federal the persons supposedly benefitted Big Three, and by public pension
BlackRock. Rock is violating its fiduciary duty, rules apply only to plans governed by pursuing the particular social fund trustees who continue to invest
Mr. Landry’s and Mr. Rokita’s so is a pension-plan board member by the Employee Retirement Income cause.” The letters are therefore a with them.
warnings are salvos in a fight nu- or investment staffer who knowingly Security Act. State pension plans warning to public pension trustees
merous states are waging against the invests with BlackRock. It’s well-set- aren’t Erisa plans. They are gov- across the U.S. Mr. Rubenfeld is a professor at
ESG policies promoted by the Big tled law, as the Second Circuit Court erned by state law, and the fidu- Until recently, public pension Yale Law School and an adviser to
Three asset managers—BlackRock, of Appeals has stated, that where a ciary-duty principles to which trustees might have had a defense Strive Asset Management. Mr. Barr
Vanguard and State Street. But they “fiduciary was aware of a risk to the Messrs. Landry and Rokita refer are based on the lack of alternatives: not is a distinguished fellow at the Hud-
go significantly further in two major fund . . . he may be held liable for a state-law matter. only the Big Three, but every major son Institute. He served as U.S. attor-
respects. failing to investigate” or for not Although the letters are tailored asset manager in the country has ney general, 1991-93 and 2019-20.
F
appreciates London’s unvarnished world-wide, and in politics advanc- gress, more forward-leaning officials China, like Russia, an “acute threat,”
rissons of disapproval shook advice and candid criticism as proof ing global British interests. While and events on the ground. Especially rather than merely a strategic com-
the State Department last year of the alliance’s strength. Besides, serving as Mr. Johnson’s trade secre- if Ms. Truss keeps Defense Secretary petitor. As in America, bureaucratic
when British Foreign Secretary I’ve never encountered a British tary, seeking bilateral deals with the Ben Wallace in place, London is resisters in key departments, such as
Liz Truss first met Secretary of State poodle. U.S. and other countries, Ms. Truss’s likely to remain resolute even if Treasury and the Foreign Office, re-
Antony Blinken. She was “blunt” and For America, bilaterally and glob- post-Brexit focus was marked by de- Washington continues to falter. sist even acknowledging the struggle
“assertive” and took “maximalist po- ally, the transition from Mr. Johnson termination and perseverance. The Finland’s and Sweden’s fortu- with China, but Ms. Truss has no il-
sitions,” anonymous U.S. sources as- to Ms. Truss will likely be smooth. philosophical direction of her poli- itously timed moves to join NATO lusions. Her leadership as foreign
serted. The horror: a British official At a time when U.S. leadership is cies seems clear. will make it easier to keep decision- secretary in establishing the Aukus
as plainspoken as an American! hesitant if not flatly wrong, such as The Ukraine war has proved that making on defense and security partnership to build nuclear subma-
As prime minister, an assertive in the tragic decision to withdraw when it comes to defending conti- within the alliance and resist rines for Australia proves the point.
Ms. Truss could be a force multiplier from Afghanistan, British resolve is nental peace and security, the U.K. France’s constant push to expand EU During the campaign, Ms. Truss’s
for the U.S. Boris Johnson, in his critical to sustain and advance West- can be a better “European” outside involvement in those realms. Ms. support from Sino- and Euro-realists
farewell to Parliament, advised col- ern interests. the EU than key EU members like Truss will have no difficulty insist- like former party leader Iain Duncan
leagues to “stay close to the Ameri- Mr. Johnson bequeaths to Ms. France and Germany. While Presi- ing that NATO is the epicenter of Smith and Sir Bill Cash indicates
cans.” These words are strange to Truss the essentially completed job dent Biden has stuttered in delineat- Western politico-military debates, that she is committed on the China
American ears because we seldom of liberating the U.K. from the Euro- ing clear objectives for the North At- rather than indulging the fanciful issue.
hear them, even from our closest pean Union, thus enabling her to fo- lantic Treaty Organization and in notion that the EU can or should be. Iran’s nuclear menace also re-
friends. But Mr. Johnson meant it, cus on new priorities. As a former delivering military assistance to Because Ms. Truss is freed from mains a challenge to Britain and
and there is no doubt Ms. Truss “Remainer,” Ms. Truss is, ironically, Ukraine, Mr. Johnson’s government EU parochialism, she appears up to America. As a party to the 2015 nu-
agrees. In the crises and conflicts well-suited to the post-Brexit imper- never wavered. Ms. Truss has spo- confronting China’s aspirations for clear deal, London has a key role,
ahead, her reward for pro-U.S. incli- ative of making a success of Britain’s ken about ensuring that Vladimir Pu- Indo-Pacific and then global hege- and there are signs Ms. Truss is
nations will be criticism that, like new international reality. This re- tin “loses in Ukraine” and suffers a mony. During the just-concluded more skeptical of the failed agree-
Tony Blair during the post 9/11 Iraq quires abandoning a Eurocentric fo- “strategic defeat.” By contrast, Mr. Tory leadership campaign, she was ment than prior U.K. governments.
war, she is Washington’s “poodle.” cus in economics, striving instead to Biden and his more timid advisers reportedly ready to reopen Britain’s Her vocal supporters certainly are.
No longer part of the “EU-3” negoti-
ating group with France and Ger-
WORLD NEWS
WORLD WATCH
SOUTH KOREA
Typhoon Leaves
At Least Six Dead
The most powerful typhoon
to hit South Korea in years killed
at least six people, dumped 3
feet of rain, destroyed roads and
felled power lines Tuesday. The
death toll could have been higher
if not for proactive evacuations
and school closures, officials said.
Greater public awareness
about the storm and its risks
also helped the situation. Ty-
phoon Hinnamnor made impact
weeks after heavy rain around
the capital, Seoul, caused flood-
ing that killed at least 14 people.
Government officials put the
nation on high alert for days as
Hinnamnor approached, warning
of potentially historic destruction
INSIYA SYED FOR THE WALL STREET JOURNAL (2)
CHILE
President Adds More
Centrists to Cabinet
Chilean President Gabriel Boric
appointed more centrist cabinet
ministers Tuesday after voters
overwhelmingly rejected a new
A girl in Dadu district last week washed her face with floodwater at her home, which her family refuses to leave because of fear of theft. Flooding has gotten worse in recent days. constitution that would have
constrained the country’s market-
it a “monsoon on steroids.” In “The children and women AFGHANISTAN Still, Faisal Edhi, the head expected to deliver one last hefty
sRu
the southern half of the coun- in my village have no food, no of the Edhi Foundation who
Ind
DJ TRANS g 0.53%
THE WALL STREET JOURNAL.
WSJ $ IDX À 0.57% 2–YR. TREAS. yield 3.499% NIKKEI (Midday) 27347.24 g 1.01% See more at WSJ.com/Markets
Wednesday, September 7, 2022 | B1
& Beyond
Lure Global 15
Interim
Turbulence in overseas
exchanges drives
stock and mutual funds for
four of the past six weeks, ac-
cording to Refinitiv Lipper
5
CFO
funds to safety of data, while yanking money BY NINA TRENTMANN
from international stock funds 0
American stocks for 20 consecutive weeks. Struggling home-goods re-
That is the longest streak tailer Bed Bath & Beyond Inc.
BY HARDIKA SINGH since a 22-week run of out- on Tuesday named an interim
flows that ended in October –5 executive to lead its finances, a
Investors around the world 2019. July 2022 Aug. Sept. July Aug. Sept. July Aug. Sept. July Aug. Sept. move aimed at reassuring in-
are piling into U.S. stocks, Behind investors’ conviction vestors after the death of Chief
even as they brace for the in the U.S. market? Belief that Financial Officer Gustavo Arnal.
prospect of a rocky autumn, even if there were a recession, Weekly flows into mutual WSJ Dollar Index Union, N.J.-based Bed Bath &
because they say there is no- the downturn isn’t likely to be and exchange-traded funds* performance this year Beyond said Laura Crossen
where better to shelter from deep or protracted. Consumer would take over on an acting
global-market turbulence spending has remained resil- $10 billion 12% basis, effective Sept. 5, follow-
Skyrocketing inflation, wor- ient despite inflation pushing ing the death by suicide of Mr.
U.S. funds 10
ries about a potential reces- prices higher. And some of 5 Arnal on Friday. Ms. Crossen,
sion, Russia’s invasion of that pricing pressure already International who joined the company in
Ukraine, rising energy prices appears to have peaked. So funds 8 2001, was promoted in June to
0
and new Covid-19 outbreaks far, the labor market also con- the role of chief accounting of-
6
have rattled everything from tinues to look robust as well. ficer after her predecessor John
–5
stocks to bonds to commodity The S&P 500 has outpaced 4 Barresi resigned. She previ-
prices this year. major stock indexes in Europe ously was senior vice president
“The U.S. looks the least and Asia since hitting its low –10 2 of treasury and tax and will
challenged in a very challeng- for the year in mid-June. The continue as principal account-
ing world,” said Christopher U.S. benchmark has risen 6.6% –15 0 ing officer of the company.
Smart, chief global strategist since June 16, while the pan- May 2022 June July Aug. Jan. Sept. Ms. Crossen didn’t respond
at Barings and head of the continental Stoxx Europe 600 to a request for comment.
Barings Investment Institute. has added 2.9%, Japan’s Nikkei *As of Aug. 31 Sources: FactSet (index performance); Refinitiv Lipper (flows); Dow Jones Market Data (WSJ Dollar Index) The company’s stock has
“Everybody is slowing down, 225 has advanced 4.5%. Ger- dropped about 50% since the
but the U.S., because of the many’s DAX and the Shanghai Federal Reserve’s periodic Bank monetary-policy meeting economy added jobs at a solid, beginning of the year and
continuing strength of the jobs Composite have slid 1.3% over compilation of business anec- where the bank is again ex- but slower, clip in August. The closed down 18% at $7.04 on
market, still seems to be slow- the same period. dotes from around the coun- pected to raise interest rates. data, which were largely in Tuesday.
ing more slowly.” This week, investors will try, for clues about the mar- Investors appeared to take line with expectations, ap- Mr. Arnal, who became Bed
Investors have added parse data from the services ket’s trajectory. They will also solace from Friday’s jobs re- peared to hit a sweet spot: Bath & Beyond’s CFO in the
money to U.S. equity-focused sector and the beige book, the watch the European Central port, at least initially. The U.S. Please turn to page B11 Please turn to page B6
Please turn to page B2 clining quarterly operating pacity, reducing supplies and Please turn to page B11
ANTHONY ANEX/EPA-EFE/SHUTTERSTOCK
Alphabet .............. B3,B12
Grail.............................A1 Sitio Royalties............B1 Chevron
Altria...........................A4 50
Space Exploration
Amazon.com ............. B12 H Energy
Technologies.............B2
Apollo Global Hormel Foods............B11 Select Sector
State Farm..................B3 0 SPDR ETF
Management.............B3
I Sterling Bay................B6
Apple.........................A10 Exxon Mobil
Illumina.......................A1 T –50
B Intel...........................B12
Taiwan Semiconductor
Banco Santander ........ B3 J Manufacturing........B12 –100 Monthly
Bank of America.........A1 Tencent......................B11
Juul Labs...................B12 2013 ’14 ’15 ’16 ’17 ’18 ’19 ’20 ’21 ’22
Bed Bath & Beyond....B1 Tesla............................B2
K
BioNTech.....................A3 Twitter ........................ B1 Source: FactSet Vivek Ramaswamy is among the most vocal critics of ESG investing.
BlackRock....................B2 Kimmeridge Energy
Management.............B2 Tyson Foods................B1
To Merge
60
support Mr. Musk’s allegations ing to a text exchange dated duction in the oil patch, is- Minerals Minerals
that Twitter committed fraud May 8 between the Tesla Inc. sues related to Russia’s
by misrepresenting the condi- CEO and a Morgan Stanley energy supplies, the need to 1.5
tion of its business and key banker. refill the drawn-down Strate- 40
metrics about the users on its After noting that Russian Continued from page B1 gic Petroleum Reserve and
platform. President Vladimir Putin was of development, but they what he described as the in- 1.0
Twitter’s team countered expected to make a speech the aren’t on the hook for drilling ability of the Organization of
by describing Mr. Zatko as a following day, amid his coun- or overhead costs, either, and the Petroleum Exporting 20
disgruntled former employee try’s invasion of Ukraine, Mr. they reap the benefits of high Countries to ramp up produc- 0.5
with an ax to grind and saying Musk wrote that it wouldn’t commodity prices. tion.
that his unsubstantiated com- make sense to buy Twitter if Upon the deal’s closing, “We’ve seen long-term
plaints after a notably unsuc- World War III were to break Noam Lockshin, a partner at structural advantages to be- 0 0
cessful tenure shouldn’t be in- out, according to a copy of the private-equity firm Kim- ing in energy,” he told inves-
J F M A M J J A S 2021 ’22
cluded in the Delaware suit. message read aloud by Mr. meridge Energy Manage- tors.
Note: Sitio Royalties was formed after the merger of Desert Peak Minerals Inc. and
Twitter’s lawyer also said Mr. Savitt. ment, which owns 43.2% of —Collin Eaton Falcon Minerals in June.
Zatko’s work at the company Mr. Spiro responded by say- Sitio’s shares outstanding, contributed to this article. Sources: FactSet (market cap); S&P Capital IQ (profit)
wasn’t related to the alleged ing that any businessman would become chairman of
undercounting of spam and would be anxious about the the new company, the compa-
bot accounts that Mr. Musk impact of a potential war on nies said. Mr. Lockshin cur- ADVERTISEMENT
cited in his counterclaims. the stock market. He reiter- rently serves as chairman of
The scope of the hearing
shows how contentious this le-
gal battle has become and
ated Mr. Musk’s allegations
that Twitter had hidden key
information about its busi-
Sitio. Mr. Conoscenti will
serve as CEO of the combined
company, which will be based
Showroom
To advertise: 800-366-3975 or WSJ.com/classifieds
marks another escalation of ness. in Denver and operate under
the dispute, which has already Mr. Musk’s team is seeking the name Sitio.
taken a number of dramatic to push the trial to November. The all-stock deal is ex- PORSCHE
twists and turns. During the hearing, his attor- pected to close in the first
The outcome could grant or neys argued that they need quarter of 2023, according to
block access for either side to more time to prepare because the companies.
more emails, texts, data and Twitter has allegedly been Under the terms of the
legal claims, among other slow to provide information deal, Sitio’s shareholders will
things. they requested as part of the own about 54% of the com-
Twitter sued Mr. Musk in discovery process. pany, while Brigham’s will
July over his attempt to walk Twitter’s lawyers asked the own the remaining 46%, the
away from their $44 billion judge to keep the current trial companies said.
merger agreement reached in schedule, with a five-day non- Both Sitio and Brigham
April. jury trial scheduled to start have been pursuing a consoli-
A request to file an Oct. 17. dation strategy in the oil-rich
amended complaint is com- —Erin Mulvaney contributed Permian Basin of West Texas
mon and not typically chal- to this article. and New Mexico, making sub-
stantial acquisitions this
year.
Sitio was formed after the
merger of Kimmeridge-owned
Desert Peak Minerals Inc. and
Blackstone Inc.-backed Falcon
Minerals Corp. this year.
Brigham has announced
mineral and royalty interest
deals in the region valued at
about $150 million so far this
year. Sitio, meanwhile, pur-
chased more than 40,000 net
royalty acres in the Permian
in the second and third quar-
ters of the year, the company
told investors, including a
ALY SONG/REUTERS
BUSINESS NEWS
BELLEVUE, Ohio—U.S.
freight railroads are adding
brakes that were calibrating
the speed of individual railcars
rolling down the hill.
portion of their hump yards in
recent years.
Similar to airline hubs,
to end
back locomotives and reopen-
ing idled “hump” yards, re-
versing years of decluttering
“It’s a beautiful sound. The
sound of technology,” said Mr.
Shaw, who took over in May.
humps are efficient at trans-
porting a large volume of
goods to different destina-
global
as they seek to reduce service
delays.
Several humps—where
In the yard, “dwell” time, or
the time a railcar spends wait-
ing in a terminal, has been re-
tions. But just as you don’t
want more than one layover as
an airline passenger, Mr. Shaw
hunger.
trains are broken down, reas- duced by around 8% since the said, the same goes for ship-
sembled and sent to their next hump was reactivated, easing ping freight.
destination—were recently re- some burdens on staff in yards Some analysts and inves-
activated by Norfolk South- in Indiana and southern Ohio. tors say hump yards often in-
ern Corp and Union Pacific The Atlanta-based railroad re- crease congestion and are a
Corp. They were among opera- opened another hump in Ma- waste of money, especially for
tions that had been signifi- con, Ga., in July. less complex routes.
cantly curtailed in the indus- Closing humps was a signa- The Bellevue yard, which
try’s yearslong push to ture move of the late Hunter stretches 6 miles wide, is cur-
operate more efficiently by us- Harrison, the railroad veteran rently using 48 of the 80
ing fewer trains and holding who transformed four of tracks to classify cars to 37
them to tighter schedules. North America’s major rail- destinations across the coun-
The streamlining helped cut roads during his career and pi- try, sorting shipments includ-
costs and boost profits, lifting oneered “precision schedule ing motor vehicles, coiled
shares and valuations of major railroading.” The strategy steel, sand and liquefied pe-
operators. Regulators and aims to cut costs in part by troleum gas.
some customers say they also minimizing inventory and In the early months of the
made railroads more vulnera- weeding out unnecessary and pandemic, the hump was idled
ble to service disruptions, time-consuming processes. because of declining volumes,
which have increased during Hump yards have artificial and the yard reverted to flat-
the pandemic amid a shortage hills which long trains are switching, or the use of loco-
of workers. pushed over so that gravity motives, to sort railcars. When
In late August, shortly after helps send individual or cou- demand picked back up, rail-
Norfolk Southern reopened the pled cars down different roads had to figure out how to
hump in a rail yard in Belle- tracks to where they are then handle railcar switches with
vue, Chief Executive Alan reassembled and sent to their fewer workers.
Shaw grinned when he heard next destination. Most of the A hump yard can process
more cars with the automation
Boxcar Freight-train cars are grouped of switches, and at Bellevue,
at rail yards using the hump the yard crew can now handle
Shuffle yard method. around 1,900 cars daily, up
from 1,200. This eases switch-
ing operations in other yards,
allowing workers there to be
redeployed to operating trains.
There was some excitement
among the crew at the north-
ern Ohio rail yard when the
hump reopened. “It took 11
e
op
TECHNOLOGY WSJ.com/Tech
Theranos’s Holmes
Seeks New Trial,
Cites Witness Take
BY HEATHER SOMERVILLE ing the hearing, her legal team
said they had newly discovered
Elizabeth Holmes, founder information that would help
of defunct blood-testing her case but didn’t provide fur-
startup Theranos Inc. who was ther details. On Tuesday, U.S.
convicted of fraud, has asked a District Judge Edward Davila
SAMUEL RAJKUMAR/REUTERS
federal judge for a new trial denied the motion for an ac-
after she said one of the prose- quittal. Ms. Holmes is sched-
cution’s star witnesses visited uled to be sentenced in Octo-
her house to express regret for ber; Mr. Balwani is set to be
his role in her trial, according sentenced the following month.
to a new court filing. At his Aug. 8 visit, Dr.
Ms. Holmes said in a filing Rosendorff didn’t speak di-
Tuesday that Adam Rosend- rectly to Ms. Holmes but to her The mix of fibers in most clothes is difficult to separate, and less than 1% of textile waste can be recycled. A shirt factory in India.
orff, a former Theranos lab di- partner, Billy Evans, who an-
tickets
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THE WALL STREET JOURNAL. Wednesday, September 7, 2022 | B5
World Chemical Forum is a new three-day event set for March 2023 that will redefine chemical industry conferences.
It’s presented by Chemical Market Analytics with participation from The Wall Street Journal and Barron's. Chemical Market
Analytics is the new Dow Jones company comprised of the subject matter experts industry players have known and counted
on for years from the former CMAI/IHS Markit base chemicals business.
Neighborhood in
Miami Becomes
Building Mecca
BY DEBORAH ACOSTA workspace that he uses to
work remotely as a software
A warehouse district in Mi- salesman.
ami, which was once mostly Like many neighborhood
business for nearby stores. De- association. IHRSA hasn’t gyms reached $108 in July, a
spite the disruptions caused by tracked how many new busi- 24% increase from January
the pandemic, he said he sees nesses opened during the pan- 2021 and only slightly below
fitness centers as desirable demic, but commissioned a prepandemic levels, according
tenants. “Just as bullish, would poll in January that found the to Datex Property Solutions,
probably be a good way to put number of paid gym member- whose real-estate portfolio-
it,” Mr. Schwegman said. ships in the U.S. increased management platform tracks
Mall landlords found gyms 3.8% since the beginning of rent payments from thou-
are a good way to bring in cus- 2020. sands of shopping centers na-
tomers during quiet times of Rick Caro, founder of IHRSA tionwide.
the day, like the early morning and president of the fitness- As the money rolls back in,
hours and after work, said Ed consulting firm Management gyms are again paying rent.
Coury, managing director at Vision Inc., said gyms in major Collections from eight national
RCS Real Estate Advisors. But cities and office-dependent fitness chains tracked by Datex
Mr. Coury said he believes the neighborhoods are still strug- steadily improved this year,
body blow the industry took gling, but the industry is re- and were only about 2% lower
More people are returning to in-person fitness routines, such as Zumba classes in Albuquerque, N.M. from Covid-19 left landlords covering. Infection concerns in July compared with 2019.
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B8 | Wednesday, September 7, 2022 NY THE WALL STREET JOURNAL.
COMMODITIES wsj.com/market-data/commodities
Metal & Petroleum Futures Cattle-Feeder (CME)-50,000 lbs.; cents per lb. Dec .7201 .7207 t .7059 .7069 –.0139 19,700 Dec 31448 31677 31135 31258 –142 1,123
Contract Open Sept 183.425 185.300 183.425 184.175 .300 5,707 Canadian Dollar (CME)-CAD 100,000; $ per CAD Mini S&P 500 (CME)-$50 x index
Open High hi lo Low Settle Chg interest Oct 184.950 187.000 184.875 186.100 1.150 17,129 Sept .7610 .7634 .7589 .7602 –.0014 141,315 Sept 3929.00 3963.25 3886.75 3910.50 –14.00 2,198,527
Copper-High (CMX)-25,000 lbs.; $ per lb. Cattle-Live (CME)-40,000 lbs.; cents per lb. Dec .7607 .7632 .7587 .7601 –.0013 15,572 Dec 3947.25 3978.50 3902.50 3926.75 –13.75 103,776
Sept 3.3940 3.4700 3.3825 3.4690 0.0475 4,068 Oct 144.650 145.400 144.550 145.050 .500 114,492
British Pound (CME)-£62,500; $ per £ Mini S&P Midcap 400 (CME)-$100 x index
Sept 1.1491 1.1611 t 1.1445 1.1526 .0011 261,024 Sept 2393.90 2419.70 2359.90 2376.70 –15.00 51,385
Dec 3.3995 3.5000 3.3610 3.4620 0.0485 109,283 Dec 150.250 151.050 150.225 150.875 .625 78,776 Dec 1.1508 1.1625 t 1.1463 1.1543 .0012 13,162
Gold (CMX)-100 troy oz.; $ per troy oz. Hogs-Lean (CME)-40,000 lbs.; cents per lb. Dec 2384.70 –15.60 19
Swiss Franc (CME)-CHF 125,000; $ per CHF
Sept 1709.70 1717.40 1699.70 1700.40 –9.40 1,792 Oct 90.025 91.250 89.575 91.100 1.075 76,038 Sept 1.0200 1.0250 1.0150 1.0164 –.0046 44,998 Mini Nasdaq 100 (CME)-$20 x index
Dec 1.0266 1.0327 1.0228 1.0243 –.0044 1,217 Sept 12110.50 12244.50 11930.00 12019.00 –85.25 273,957
Oct 1715.00 1727.70 1701.00 1703.40 –9.60 42,205 Dec 82.650 83.650 82.250 83.500 .800 74,236
Nov 1719.70 1719.60 s 1714.20 1707.90 –9.80 6 Lumber (CME)-110,000 bd. ft., $ per 1,000 bd. ft. Australian Dollar (CME)-AUD 100,000; $ per AUD Dec 12179.50 12314.00 12004.50 12092.25 –83.75 6,404
The Marketplace
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0.000
2.000
France 2
10
0.900 s
2.200 s
l
l
0.900
2.195
0.375
1.496
-0.691 -260.9
-0.025 -114.0
-250.2
-100.4
-89.9
-135.0
0.400 Germany 2 1.107 t l 1.123 0.457 -0.706 -240.2 -227.9 -91.4
1.700 10 1.641 s l 1.563 0.956 -0.364 -169.9 -163.6 -169.0
CLASS ACTION 0.000 Italy 2 2.188 s l 2.187 1.290 -0.498 -132.1 -121.5 -70.6
2.500 10 3.950 s l 3.945 3.026 0.691 61.0 74.6 -63.5
LEGAL NOTICE 0.005 Japan 2 -0.081 s l -0.082 -0.104 -0.119 -359.0 -348.4 -32.7
0.200 10 0.241 s l 0.235 0.163 0.045 -309.9 -296.4 -128.1
A COURT AUTHORIZED THIS LEGAL NOTICE YOUR RIGHTS AND OPTIONS 0.000 Spain 2 1.282 t l 1.285 0.641 -0.614 -222.7 -211.7 -82.2
Do nothing. Stay in this lawsuit and await the outcome. 2.550 10 2.787 s l 2.758 2.024 0.318 -55.3 -44.1 -100.7
If you own or owned a Any judgment in this case – whether favorable to Plaintiff 0.125 U.K. 2 3.184 t l 3.199 1.949 0.184 -32.6 -20.3 -2.4
Lincoln Life & Annuity Company or Defendant – will bind all Class Members who do not 4.250 10 3.101 s l 2.944 2.053 0.602 -23.9 -25.5 -72.4
timely elect to be excluded from the Class. There is no
of New York Universal Life money available now, and no guarantee there ever will be. Source: Tullett Prebon, Tradeweb ICE U.S. Treasury Close
Insurance Policy, your rights may The Court has appointed Susman Godfrey L.L.P. as Class
be affected by a class action lawsuit Counsel. If you stay in the Class, you do not need to hire Corporate Debt
your own lawyer to pursue the claims against Defendant Prices of firms' bonds reflect factors including investors' economic, sectoral and company-specific
The Court has allowed a lawsuit known as Vida because Class Counsel is working on behalf of the Class. expectations
Longevity Fund, LP v. Lincoln Life & Annuity Company However, if you want to be represented by yourown lawyer,
of New York, Case No. 1:19-cv-06004-ALC-DCF you may hire one at your own expense and cost. If you Investment-grade spreads that tightened the most…
have questions, visit www.LincolnNYCOILitigation.com Spread*, in basis points
(S.D.N.Y), to be a class action on behalf of a “Class,”
or call 1-877-654-1978. Issuer Symbol Coupon (%) Yield (%) Maturity Current One-day change Last week
or group of people, that may include you. The lawsuit
alleges that Lincoln Life & Annuity Company of New –13
Exclude yourself. Get no benefits from lawsuit. Cox Communications COXENT 6.800 5.52 Aug. 1, ’28 211 n.a.
York (“Defendant”) breached the contracts with SUL I,
Keep certain rights. If you ask to be excluded from
SUL IV, UL I, UL II, UL III, and UL LPR policyowners MetLife 6.375 4.72 June 15, ’34 139 –9
this lawsuit and money is later awarded, you will not MET n.a.
by imposing cost of insurance (“COI”) rates that were in
be allowed to request a payment. But you preserve any –8
violation of the policy provisions. Defendant denies the
rights to sue Defendant at your own expense and with Barclays BACR 3.650 4.82 March 16, ’25 125 134
lawsuit claims. The Court has not decided who is right
your own attorney about the same legal claims in this Banco Santander 5.294 5.80 Aug. 18, ’27 236 –5
or wrong. The Court has not yet set a trial date. SANTAN 231
lawsuit. You may exclude yourself from the lawsuit by
WHO IS A CLASS MEMBER? sending a letter requesting exclusion from this lawsuit United Utilities 6.875 5.31 Aug. 15, ’28 188 –2
UU n.a.
with your name, address, telephone number, email
The Class consists of all current and former owners address, signature, and the insurance policy number(s) Siemens Financieringsmaatschappij 1.700 4.39 March 11, ’28 97 –1
SIEGR n.a.
of SUL I, SUL IV, UL I, UL II, UL III, or UL LPR you wish to exclude to: Lincoln NY COI Notice
policies issued or insured by Defendant during the Administrator, c/o JND Legal Administration, P.O. Box
Class Period, excluding policy numbers 7143647, …And spreads that widened the most
91205, Seattle, WA 98111. You must mail your exclusion
7150005, 7150984, 7155997, 7163495, and 7163710. request, postmarked no later than October 17, 2022. 29
Deutsche Bank DB 1.686 5.12 March 19, ’26 168 n.a.
The Class Period is defined in the FAQ Section of
www.LincolnNYCOILitigation.com. This Notice This Notice is only a summary.
Daimler Trucks Finance North America 3.500 4.72 April 7, ’25 115 18
DTRGR 112
summarizes your rights and options. Learn more at www.LincolnNYCOILitigation.com.
Please do not contact the Court. Kraft Heinz Foods 6.875 6.05 Jan. 26, ’39 233 10
KHC n.a.
0.13
77.300
velop, & maintain ongoing metrics, reports, Sprint 7.875 4.70 Sept. 15, ’23 103.125
ALLIANCE MORTGAGE FUND analyses, & dashboards to drive key business
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www.AllianceMortgageFund.com decisions. Translate business requirements representation, guarantee, or warranty of any
into technical requirements to implement re-
ports & dashboards. Analyze, design, develop,
kind or nature, which are disclaimed, and
(ii) subject to such other terms as Secured
…And with the biggest price decreases
& document business intelligence deliverables Party may announce. Interested parties who
intend to bid on the above Collateral must Occidental Petroleum 7.950 6.29 June 15, ’39 117.070 –2.96
Manufacturing Operation for Sale
& recommend design changes with respect to
contact Michael Krakovsky of Stout Capital,
OXY 121.840
Tableau dashboards to database administra- LLC, as sale advisor to the Companies, at
Profitable manufacturing operation in tors & database developers. Apply knowledge –1.66
Toledo, Ohio. 30 employees. of relational database management systems
mkrakovsky@stout.com to receive the terms of
sale and bidding instructions. Upon execution
Telecom Italia Capital TITIM 7.200 9.38 July 18, ’36 83.250 n.a.
9 MM in annual sales. design & architecture & financial business intel- "
Includes newer building and all equipment. ligence reports & dashboards concepts. Reqs Ford Motor Credit 4.389 6.77 Jan. 8, ’26 93.003 –1.49
information regarding the sale and Collateral
will be available.
… 94.500
Capacity for growth. Masters degr plus 3 yrs exp or Bachelors degr
Management will remain. Work force is intact. plus 6 yrs exp. Please forward your resume to
Navient 5.625 9.51 Aug. 1, ’33 74.000 –1.38
Credit Suisse, P.O. Box MT-CS-61, 909 Third NAVI 76.538
Direct sale between seller and buyer. No brokers. Avenue, 15th Floor, New York, NY 10022. No
kokeefe1970@gmail.com for NDA. phone calls. COMMERCIAL REAL ESTATE –0.96
Dish DBS … 5.875 10.84 Nov. 15, ’24 90.539 91.937
MARKETS DIGEST
EQUITIES
Dow Jones Industrial Average S&P 500 Index Nasdaq Composite Index
Last Year ago Last Year ago Last Year ago
31145.30 t 173.14, or 0.55% Trailing P/E ratio 18.34 23.86 3908.19 t 16.07, or 0.41% Trailing P/E ratio * 21.53 31.70 11544.91 t 85.96, or 0.74% Trailing P/E ratio *† 24.82 36.25
High, low, open and close for each P/E estimate * 16.73 19.24 High, low, open and close for each P/E estimate * 17.52 22.27 High, low, open and close for each P/E estimate *† 22.31 29.15
trading day of the past three months. Dividend yield 2.28 1.81 trading day of the past three months. Dividend yield * 1.68 1.29 trading day of the past three months. Dividend yield *† 0.90 0.66
All-time high 36799.65, 01/04/22 All-time high 4796.56, 01/03/22 All-time high: 16057.44, 11/19/21
target rate Colorado Federal Savings Bank 1.75% Hong Kong dollar
1.50 0 Ukraine hryvnia .0271 36.9500 35.1
1.50 India rupee .01252 79.888 7.2
Greenwood Village, CO 877-484-2372 UK pound 1.1519 .8681 17.4
Euro Indonesia rupiah .0000672 14887 4.4
Money market TAB Bank 1.92%
s
Middle East/Africa
0.75 One year ago 0.75 –14 Japan yen .007003 142.79 24.1
t
account yields
Ogden, UT 800-355-3063 Yen Kazakhstan tenge .002114 472.96 8.7 Bahrain dinar 2.6529 .3770 unch
s
t
0.00 UFB Direct 2.21% 0.00 –28 Macau pataca .1236 8.0900 0.7 Egypt pound .0520 19.2460 22.5
Malaysia ringgit .2222 4.5000 8.0 Israel shekel .2925 3.4190 10.0
San Diego, CA 877-472-9200 1 3 6 1 2 3 5 7 10 20 30 2021 2022
–0.75 New Zealand dollar .6038 1.6562 13.3 Kuwait dinar 3.2368 .3090 2.1
CFG Community Bank 2.55% month(s) years
SO N D J F MAM J J A Pakistan rupee .00452 221.350 25.6 Oman sul rial 2.5972 .3850 0.01
Baltimore, MD 888-205-8388 maturity Philippines peso .0175 57.074 11.9 Qatar rial .2747 3.641 –0.03
2021 2022
Sources: Tradeweb ICE U.S. Treasury Close; Tullett Prebon; Dow Jones Market Data Singapore dollar .7110 1.4064 4.3 Saudi Arabia riyal .2661 3.7583 0.1
Yield/Rate (%) 52-Week Range (%) 3-yr chg South Korea won .0007254 1378.51 16.0 South Africa rand .0578 17.2964 8.5
Interest rate Last (l)Week ago Low 0 2 4 6 8 High (pct pts)
Corporate Borrowing Rates and Yields Sri Lanka rupee .0027778 360.00 77.4
Close Net Chg % Chg YTD%Chg
Federal-funds rate target 2.25-2.50 2.25-2.50 0.00 l 2.50 0.25 Taiwan dollar .03244 30.830 11.2
Yield (%) 52-Week Total Return (%) Thailand baht .02729 36.650 10.3 WSJ Dollar Index 101.69 0.57 0.57 13.55
Prime rate* 5.50 5.50 3.25 l 5.50 0.25 Bond total return index Close Last Week ago High Low 52-wk 3-yr
Libor, 3-month 3.17 3.08 0.11 l 3.17 1.03 Sources: Tullett Prebon, Dow Jones Market Data
U.S. Treasury, Bloomberg 2128.090 3.540 3.380 3.550 0.860 –11.590 –2.501
Money market, annual yield 0.12 0.15 0.07 l 0.16 -0.60
Five-year CD, annual yield 1.88 1.86 0.41 l 1.88 0.17 U.S. Treasury Long, Bloomberg 3330.610 3.690 3.420 3.690 1.720 –25.047 –7.644 Commodities
30-year mortgage, fixed† 6.07 5.98 3.04 l 6.14 2.41 Aggregate, Bloomberg 1978.860 4.070 3.910 4.140 1.400 –12.426 –2.304 Tuesday 52-Week YTD
Pricing trends on someClose
raw materials, or commodities
Net chg % Chg High Low % Chg % chg
15-year mortgage, fixed† 5.23 5.19 2.32 l 5.39 2.05 Fixed-Rate MBS, Bloomberg 1977.230 3.960 3.900 4.240 1.670 –10.634 –2.301
Jumbo mortgages, $647,200-plus† 6.08 5.98 3.06 l 6.17 1.51 DJ Commodity 1047.04 -6.43 -0.61 1264.48 888.27 17.68 10.65
High Yield 100, ICE BofA 3084.443 7.761 7.742 8.427 3.272 –11.011 –0.336 Refinitiv/CC CRB Index 282.62 -1.85 -0.65 329.59 217.91 29.69 21.62
Five-year adj mortgage (ARM)† 4.53 4.42 2.82 l 4.53 0.34
Muni Master, ICE BofA 551.106 3.151 3.004 3.191 0.800 –8.426 –0.821 Crude oil, $ per barrel 86.88 0.01 0.01 123.70 65.57 27.11 15.52
New-car loan, 48-month 5.15 5.10 3.41 l 5.15 0.50
Bankrate.com rates based on survey of over 4,800 online banks. *Base rate posted by 70% of the nation's largest EMBI Global, J.P. Morgan 753.051 7.762 7.503 8.085 4.516 –19.763 –4.805 Natural gas, $/MMBtu 8.145 -0.641 -7.30 9.680 3.561 78.31 118.36
banks.† Excludes closing costs.
Sources: FactSet; Dow Jones Market Data; Bankrate.com Sources: J.P. Morgan; Bloomberg Fixed Income Indices; ICE Data Services
Gold, $ per troy oz. 1700.40 -9.40 -0.55 2040.10 1696.60 -5.32 -6.95
B10 | Wednesday, September 7, 2022 * THE WALL STREET JOURNAL.
MARKETS
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FINANCIAL ANALYSIS & COMMENTARY
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