August 26, 2016
Common Sense Wins in Finance & Law
Good News…Finally
For a while, it felt like the U.S. was drifting toward peak absurdity—cue the infamous McDonald’s hot coffee lawsuit. But recently, a ray of sanity broke through. A lawsuit against Starbucks claimed their iced drinks had too much ice and not enough drink. Yes, really.
According to the complaint, a Venti-sized cold drink only contains 14 ounces of actual beverage because the rest is ice. Never mind the fact that Starbucks cups are… clear. Instead of brushing off the case with a simple “this is dumb,” the court took a surprisingly detailed (and hilarious) stance. They stated, “If children have figured out that including ice in a cold beverage decreases the amount of liquid they will receive…”—you get the picture.
Naturally, I decided to test this theory at home with my kids. I presented them with a 24-ounce cup of juice and ice. When asked how much juice was in it, they confidently said 24 ounces. Disappointed but undeterred, I clarified the role of ice displacement. They quickly pivoted and decided the juice could go to the baby and the extra ice cubes to the oldest. Conclusion: Starbucks may want to offer kids cups of ice. They’re surprisingly popular.
Disclosure Battles: Paper vs. Progress
It often feels like individual investors are playing with a stacked deck. Large financial institutions have the resources to influence regulations in their favor, leaving the public with little recourse. But now, in a strange twist, the unsung hero of accountability is… the paper industry?
The SEC and mutual fund companies have begun working together to move quarterly investment reports online instead of mailing hundreds of unread pages. Enter Twin Rivers Paper Co., fighting back with the impassioned argument that physical statements hold Wall Street accountable. Mutual funds counter with: No one’s reading them. (That’s paraphrased—but not by much.)
These reports can run over 600 pages, created by some poor soul who, after finishing, is then told to write a letter explaining why no one will ever read their work. Then it’s back to the next quarter’s report. You have to admire the irony: “Please summarize your meaningless job, then keep doing it.”
The “Hustle” That Wasn’t Fraud
In a saga that dates back to the 2008 financial crisis, Bank of America (via its acquisition of Countrywide) escaped a $1.27 billion fraud charge over its mortgage program called—unironically—Hustle, short for “High Speed Swim Lane.” The name alone raised red flags, as it seems someone came up with the acronym after deciding “Hustle” just sounded cool.
Here’s what happened: BofA agreed to sell mortgages to Fannie Mae and Freddie Mac with the assurance they’d meet certain standards. They did—until they didn’t. The courts ruled this was a breach of contract, not fraud, because the bank had initially intended to honor the terms. They just quietly stopped doing so.
Since the contract didn’t require reconfirmation of mortgage quality at delivery, the debt kept flowing. The result? A technical dodge. No lie was told, but a whole lot of trust was misplaced. My personal opinion? They should’ve been fined just for naming the program “Hustle.” If you’re in finance and calling your program “Hustle,” you’re not offering a dance class—you’re probably pushing boundaries… or breaking laws.
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