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    Abacus: Small Enough to Jail

    enMay 12, 2017

    Podcast Summary

    • Retail Industry Faces Challenges with Shift to Online ShoppingThe retail industry is struggling due to the shift towards online shopping, high mall rents, and changing consumer habits. Retailers must adapt to succeed, and strong communication skills are essential.

      The retail industry is facing significant challenges as more consumers shift towards online shopping and fewer people are visiting physical malls. This trend is affecting both large and small retailers, with big anchor tenants and smaller retailers feeling the pinch. The high cost of renting space in malls is compounding the problem. The retail sector's struggles are not just limited to millennials; people in general are ordering more takeout and shopping online instead of visiting stores in person. The shift towards online shopping is not likely to change anytime soon, and retailers that fail to adapt may face significant challenges. It's important for businesses to focus on developing strong communication skills to succeed in this changing landscape. The Think Fast, Talk Smart podcast, which covers communication tips from experts, is a valuable resource for those looking to hone their skills.

    • Retail Industry's Uncertain Future: Adapting to Changing MarketRetailers must focus on profitability, invest in online presence, and explore alternative uses for physical spaces as consumer buying patterns shift and e-commerce rises. Amazon's expansion in logistics and fulfillment may impact vacated retail spaces.

      The retail industry is undergoing significant changes due to shifting consumer buying patterns and the rise of e-commerce, leading to a surplus of retail space. Some retailers will go out of business, while others will need to focus on profitability and invest in their online presence. The future of retail real estate is uncertain, with some companies exploring ways to use physical spaces for logistics and fulfillment. In smaller towns, the shift to online shopping may take longer, and Walmart has already taken out many mom-and-pop stores. The question remains about what will happen to all the vacated retail spaces. Amazon, as a leader in logistics, is likely to expand its presence, but other businesses, especially those built on e-commerce models, may also survive. Ultimately, the retail landscape will continue to evolve, and companies that adapt to the changing market will thrive.

    • Retail Consolidation: Smaller Retailers Absorbed by Larger CompaniesRetail consolidation continues as smaller retailers are absorbed by larger companies to boost profitability and growth. Strong brands may offer better chances of survival. Snap's public debut faced criticism for significant losses, weaker user growth, and lack of transparency, raising concerns for investors.

      The retail industry is undergoing significant changes, leading to consolidation among some retailers and the demise of others. For instance, the Landmark Mall in Alexandria is being transformed into a town center, while Coach has acquired Kate Spade for $2.5 billion. This trend is expected to continue, with smaller retailers being absorbed by larger companies to boost profitability and growth. However, retailers with strong brands may have a better chance of survival. Additionally, the public debut of Snap this week was met with disdain from Wall Street, as the company reported significant losses and weaker-than-expected user growth. Snap's CEO, Evan Spiegel, was criticized for being secretive about the company's plans and profitability, leaving investors uncertain about the future of the business. Despite the sell-off, Snap's stock remains overvalued, raising concerns for investors. Overall, these developments underscore the challenges facing the retail and tech industries and the importance of adaptability and transparency in navigating them.

    • Snapchat's High Valuation vs. Other Tech CompaniesSnapchat's high valuation is questionable compared to non-profitable tech peers, causing stock price volatility. Both Snapchat and Whole Foods face challenges: Snapchat needs unique value and leadership, while Whole Foods must execute 365 and tackle negative comps.

      The high valuation of Snapchat's stock in relation to its sales, at 41 times, is not justified when compared to other similarly situated, non-profitable tech companies like Twitter and Zillow, which trade at much lower multiples. The expectations for Snapchat's growth are considered absurd by some investors, and the company's recent disappointing financial report and missed guidance have caused significant stock price volatility. The CEO, Evan Spiegel, is young and inexperienced, and the company needs to find a unique value proposition beyond its core messaging app function, which is replicable by competitors like Facebook. Meanwhile, Whole Foods underwent a shake-up in its boardroom with the addition of five new independent directors and the appointment of private equity executive Gabrielle Sulzberger as chairman. This move was likely in response to pressure from activist investor Jana Partners, who had criticized the company's performance and lack of grocery industry expertise on the board. Despite the challenges facing both companies, there is potential for growth and improvement. For Snapchat, this means finding a unique value proposition and effective leadership, while for Whole Foods, it means executing its smaller concept, 365, and addressing its ongoing struggles with negative comps.

    • TripAdvisor's strategic shift towards mobile monetizationTripAdvisor is focusing on mobile platform monetization through new initiatives like Metasearch and instant booking, aiming to secure partnerships with major hotel chains and compete in the tech industry, despite initial financial challenges.

      TripAdvisor's focus on reinventing its business model through new initiatives like Metasearch and instant booking, despite the initial financial challenges, is a strategic move towards monetizing the mobile platform and securing partnerships with major hotel chains. This shift may result in growing pains and lower profits in the short term, but it positions TripAdvisor to stay competitive in the tech industry and capitalize on the trend towards mobile usage. As for Whole Foods, having a private equity chairman of the board does not necessarily mean an imminent sale, as other board members and the founder of Morningstar are also present to help facilitate offers and keep the company independent. Meanwhile, Marriott continues to thrive with higher room rates and occupancy, leaving potential investors disappointed if they were hoping to add to their positions in the company.

    • Marriott International and Electronic Arts' Financial SuccessMarriott International's RevPAR growth and large share buyback plan make it a solid holding. Electronic Arts' successful transition to digital downloads and increasing revenue from this segment have boosted profits and stock price.

      Both Marriott International and Electronic Arts are performing well financially, with strong revenue growth and impressive profits. Marriott International's RevPAR growth and large share buyback plan make it a solid holding, while Electronic Arts' successful transition to digital downloads and increasing revenue from this segment have boosted their profits and stock price. In the case of Electronic Arts, 60% of their revenue now comes from digital downloads, and their fourth-quarter profits saw a significant increase. Oaktree Capital, an investment management firm with a strong track record and a 6.3% dividend yield, is another potential investment opportunity. On the other hand, Mindbody, a cloud-based solution provider for businesses offering appointments and classes, is growing quickly but is not yet profitable. WageWorks, a company that administers consumer-directed benefits, reported a good first quarter and has a healthy pipeline of business for the rest of the year, with big contracts and partnerships driving growth. Despite corporations trying to cut costs on employee benefits, WageWorks' profitable and cash flow positive business model makes it an attractive investment.

    • A documentary about a small bank's legal battle and personal journeyDespite being small, Abacus Federal Savings faced mortgage fraud charges and the documentary showcases their resilience. Chris Hill emphasized self-care through a yoga program example.

      Corporations are offering employee wellness programs to better prepare them for unexpected events, but getting employees to sign up and understand the benefits can be a challenge. This was highlighted in the documentary "Abacus Small Enough to Jail," where a small immigrant-focused bank in New York City, Abacus Federal Savings, faced mortgage fraud charges despite being the 2,651st largest bank in America. Director Steve James shared how he came across the story through a friend, and the film not only covers the legal battle but also the personal journey of Thomas Sung, the bank's founder, and his family. The documentary serves as a reminder of the importance of perseverance and resilience in the face of adversity. Additionally, during the episode, Chris Hill emphasized the importance of self-care, mentioning a yoga program as an example of an employee wellness initiative. Harry's, a sponsor of the show, also offered a free trial set of their shaving products as a Father's Day gift idea.

    • The eagerness of the Manhattan DA's office to make a high-profile prosecution of AbacusThe Abacus case highlights the potential for public pressure to influence prosecutorial decisions, and the complexities of the legal system when dealing with a 'crime without a victim'.

      During the aftermath of the financial crisis in the late 2000s and early 2010s, there was a strong public desire to hold Wall Street banks accountable for their actions. The Manhattan District Attorney's office, in particular, saw an opportunity to make an example out of the small bank Abacus, despite the fact that the fraud they were accused of had nothing to do with the mortgage crisis of 2008. The DA's office's eagerness to make a high-profile prosecution is evident in the way they paraded low-level employees through the media and made a grand announcement linking the case to the mortgage crisis. However, the case against Abacus was not as open and shut as the DA's office may have believed, and it can be seen as an example of a "crime without a victim" where the resources used for the prosecution could have been better spent elsewhere. The Abacus case serves as a reminder of the complexities of the legal system and the potential for public pressure to influence prosecutorial decisions.

    • A small family-owned bank's fight against criminal fraud chargesThe Abacus Bank case showcased a family's determination and courage in the face of criminal fraud charges, contrasting the leniency shown to big banks during the same financial crisis.

      The Abacus Bank case, which involved a small family-owned bank being charged with criminal fraud by the DA's office, was a five-year ordeal that differed significantly from the cases against big banks during the same financial crisis. The Abacus family, who are the heart and soul of the film, were determined and courageous throughout the process, and their humor and resilience added depth to the story. Despite Abacus' impressive loan record with a default rate much lower than the national average, the DA's office focused on Fannie Mae as the alleged victim in the trial. Over the five-year period, Abacus made around 3,000 loans, and only 9 defaulted. The family's persistence and the bank's success in making loans contrasted with the leniency shown to big banks on Wall Street, who received fines instead of convictions. The film highlights the unique dynamics of the family, particularly the youngest daughter's experience of being ignored, and the unexpected humor that emerged from their situation. The case raises questions about whether the financial system would be better off if big banks operated on the same level as Abacus.

    • Changes in documentary filmmaking industry over the last 25 yearsImproved funding opportunities and affordable technology have made filmmaking easier, but increased competition for funding and screen time remains a challenge. Steve James, a sports documentary filmmaker, continues to find success by focusing on off-field relationships and issues.

      The documentary filmmaking industry has seen significant changes over the last 25 years, making it easier for filmmakers like Steve James to produce films due to improved funding opportunities and affordable technology. However, the increased competition for funding and screen time has made it just as challenging as ever. James is known for his sports documentaries, which focus on the off-field relationships and issues rather than just the games themselves. Despite his professional experience, he remains a sports fan. The ease of film consumption through DVD players, streaming services, and other platforms has led to an explosion of filmmaking, both documentary and fiction. Despite the challenges, James is glad to have had the opportunity to tell overlooked stories like that of the Abacus Bank trial.

    • Struggling with Selectivity in Sports DocumentariesDocumentary filmmaker reflects on his reduced interest in sports due to time constraints, concussion crisis, and commercialization of recruiting.

      The speaker, a documentary filmmaker, has become more selective in watching sports due to various reasons including time constraints and increased awareness of the dangers and business aspects of sports. He mentions his struggle with watching football due to the concussion crisis and his limited time for basketball. He also reflects on how documentaries like "Hoop Dreams" brought attention to the unseemly world of recruiting in sports, which has since become even more commercialized. Lastly, he shares his fond memories of the late film critic Roger Ebert, who he believes left a significant impact on the world of film with his accessible and brilliant film criticism.

    • End of an era for art cinema with Roger Ebert's passingRoger Ebert's passing marks the end of an era for art cinema, leaving a void in cultural conversation. His influence on the film industry and public discourse is significant.

      That the passing of renowned film critic Roger Ebert marks the end of an era for art cinema, as the industry shifts towards television. Ebert was not just a film critic, but a social commentator whose voice and insights were deeply missed. His impact extended beyond his reviews, and his absence leaves a void in the cultural conversation. The film "Abacus, Small Enough to Jail" is set to be released next week in New York City, and the future of art cinema in the US remains uncertain. The conversation also highlighted Ebert's significant influence on the film industry and the cultural landscape, leaving us to reflect on the changing nature of the art form and the role of critics in shaping public discourse.

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