Bar Passage Rates a Concern

New York Times writer Elizabeth Olson reported earlier this week that, “The American Bar Association’s (ABA) accrediting body put law schools on notice Monday that it intended to tighten a rule that sets a deadline for graduates to pass state bar exams — a near-universal requirement for becoming a practicing lawyer.

“The new measure would clarify the existing deadline that 75 percent of students pass within two years. Bar passage rates have been falling noticeably across the country.

“At issue for the schools is their accreditation by the association. The theory behind the rule, which is one factor in accreditation, is that schools should be accepting students who are likely to have the qualifications to become practicing lawyers. Proponents of the change say that schools exploit students when they accept those who — based on admissions tests and other measurements — have a small chance of succeeding.”

The article added that, “Bar exam passage rates have been dropping in big states including California, New York, Florida and New Jersey. Georgia, Pennsylvania and the District of Columbia also were stung by lower passage rates after the July 2015 exam. The bar exam is also given in February, but most graduates take it the summer after their graduation from law school.

“The bar passage rate in California, for example, sank last year to its lowest point since 1986. In New York, the overall passage rate for test takers last July was at its lowest point since 2004. Florida’s rate also dropped slightly, although other big states like New Jersey had steady overall passage rates.”

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GMO Food Labeling Bill Fails in Senate on Wednesday

Reuters writers  Lisa Baertlein and Karl Plume reported yesterday that, “The U.S. Senate on Wednesday blocked a bill that would nullify state and local efforts to require food makers to label products made with genetically modified organisms, or GMOs, as the industry races to stop Vermont’s law from taking effect on July 1.

“The proposed legislation from Republican Senator Pat Roberts of Kansas comes amid growing calls for transparency in the U.S. food supply. Labeling advocates have criticized the bill as toothless because it leaves the decision to disclose GMO ingredients to the companies whose products contain them.

“Senate Bill 2609 is known as the Biotech Labeling Solutions Act by supporters and the Deny Americans the Right to Know, or DARK, Act by opponents. A procedural vote on Wednesday failed to reach the necessary 60 votes to advance the bill in the Senate, with 49 yes votes and 48 no votes.”

The article added that, “Roberts vowed to keep fighting as the July 1 deadline looms for Vermont’s labeling requirement to take effect.”

AP writer Mary Clare Jalonick reported yesterday that, “Republican senators were hoping to find compromise with Democrats who have supported mandatory labeling. The chairman of the Senate Agriculture, Nutrition and Forestry Committee, GOP Sen. Pat Roberts of Kansas, tweaked the bill that advanced from his committee this month to require the Agriculture Department to measure whether food companies were using voluntary labels. If not enough companies were doing so in three years, the department would require the labeling.

“But that wasn’t enough for most Democrats.”

Read More »

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Start-Up Honest Co. Faces Legal Woes

David Pierson reported in last week’s Los Angeles Times that, “When Honest Co. launched five years ago, the Santa Monica firm targeted a market uncommon among start-ups: diapers.

“But thanks to its promise of nontoxic products and the allure of its celebrity co-founder Jessica Alba, it quickly built a customer base wary of the ingredients in its larger mass-market competitors.

“Honest grew its product line as well, adding shampoos, soaps and cleaning solutions billed as safe for families as it amassed more than $220 million in funding and a valuation of $1.7 billion. With its pledge to ‘build a culture of honesty,’ the company has become one of the region’s biggest venture-backed start-ups.”

However, Mr. Pierson indicated that, “Yet a pair of class-action lawsuits and a recent report in the Wall Street Journal charging the company’s laundry detergent contained a chemical it pledged never to use risk undermining the principles that have allowed Honest to thrive.”

The LA Times article noted that, “The challenges now facing the darling of the L.A. start-up scene — which is reportedly eyeing an initial public offering of stock later this year — reveal the risk of promising customers high-minded values and a world-changing ethos while embarking on a rapid expansion, business experts said.”

Last week’ article explained that, “‘You have a dynamic here with a start-up going through rapid growth, having to please [private] shareholders and justify a crazy valuation as you march toward an IPO,’ [Jason Cieslak of global branding firm Siegel+Gale] said.

“Honest is standing by its products and dismissed Thursday’s Journal story that said its laundry detergent contains sodium lauryl sulfate, or SLS. The chemical, which is widely used in personal care products but can cause skin irritation, is included in Honest’s list of banned ingredients.”

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President Obama’s Supreme Court Nominee- Merrick Garland

The Wall Street Journal Online reported today that, “President Barack Obama nominated Merrick Garland to be a Supreme Court justice Wednesday, the latest move in an election-year battle over when to fill the critical ninth seat on the nation’s highest court.

“Mr. Obama’s nominee is expected to languish in the Republican-controlled Senate, where lawmakers have vowed to not hold hearings or votes until at least after the November elections.”

More information and background about Chief Judge Garland has been posted at this White House webpage.

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Lower Down Payment Options Without the Expense of Mortgage Insurance

New York Times writer Tara Siegel Bernard reported last week that, “It was a year of firsts: In 2015, Kristian and Michele Klein welcomed their first child, a daughter, and bought their first home — a freshly renovated four-bedroom Cape Cod in Glen Head, N.Y.

“But instead of making a traditional down payment of 20 percent — the magic amount often needed to avoid the added cost of mortgage insurance — they put down just 10 percent, still a significant sum, on their $685,000 house. Yet they managed to circumvent the insurance, saving more than $250 a month.

“How did they do it? They took out one loan equal to 80 percent of the purchase price, and another loan for 10 percent — something that has traditionally been called a piggyback loan or a second mortgage.”

The Times article explained that, “With home prices on the rise in many parts of the country, coming up with 20 percent can seem an insurmountable task for prospective homeowners of all income levels. Last year, about 65 percent of all home buyers — or 1.9 million borrowers — put down less than 20 percent, according to an analysis by Inside Mortgage Finance that covered about 80 percent of all mortgages and excluded jumbo loans.

“While most lenders require mortgage insurance on loans with smaller down payments to compensate for their extra risk, there are several options that do not. A few new programs have become available postrecession, while some older strategies have been resurrected, including the piggyback loan. All let borrowers avoid the added monthly expense of insurance, which generally costs from 0.3 percent to more than 1 percent of the loan amount annually. But borrowers may pay a slightly higher interest rate instead.”

Ms. Bernard added that, “A new program from Bank of America, in partnership with Freddie Mac and a group called Self-Help, avoids the insurance altogether, even though it permits down payments as low as 3 percent…[T]hen there are the thousands of credit unions across the country that have a little more leeway in offering low-down-payment loans without insurance, largely because they keep their loans on their own books.”

The Times article indicated that, “The piggyback or second mortgage — not to be confused with the versions misused during the housing bubble, which permitted up to 100 percent financing — can take different forms. The second loan may be a home equity line of credit, which typically carries a variable rate that is based on the prime rate plus an additional margin set by the lender. It generally requires only interest-only payments, but adjusts to a principal and interest payment after 10 years. (Fixed-rate second mortgages, say over a 20-year term, may be also available, but rates are usually higher than the line of credit.)

“Using the line of credit can be a more economical option, even when factoring in principal payments. But the buyers need to be disciplined about paying down the principal. And there’s the risk of rising interest rates, which is a reason some loan officers suggest using this option as shorter-term financing.”

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GMO Labeling Debate on Senate Floor

A news release yesterday from Senate Ag Committee Chairman Pat Roberts (R., Kan.) stated that, [Chairman Roberts] today announced the Senate has proceeded to floor debate on his proposal to provide a uniform standard for bioengineering and an incentive to provide more information on biotechnology to consumers.

“‘This legislation is a true compromise,’ said Chairman Roberts. ‘I have worked with my colleagues from both sides of the aisle to find a balance between consumers’ right to know and ensuring an even playing field in the marketplace.'”

The release added that, “Votes on the legislation are expected as early as Wednesday.”

Recall also that an alternative GMO labeling measure, which was co-sponsord by Sen. Jeff Merkley (D., Ore.) has also been introduced in the Senate.

Yesterday, senators began to speak in more detail about these two legislative measures.

Senate Majority Leader Mitch McConnell (R., Ky.) noted that, “Vermont recently passed food-labeling legislation that according to one study could increase annual food costs by more than $1,000 per family. These aren’t just Vermont families I am talking about; these are families all across our country.

“The Senate will soon consider commonsense, bipartisan legislation that aims to ensure that decisions in one State or a patchwork of different State laws do not hurt American families throughout our country—especially at a time when so many are already struggling to make ends meet. The goal is to set clear, science-based standards in order to prevent families from being unfairly hurt by a patch- work of conflicting local and State labeling laws passed in States and cities where they don’t even live.

“I would like to recognize the chairman of the Agriculture Committee, Senator ROBERTS, for his continuing work on this issue. The Agriculture Committee moved to pass the chairman’s mark last week with bipartisan support. I know Chairman ROBERTS continues to work with Senator STABENOW, the ranking member, and others across the aisle on a pathway forward on legislation we can pass in the Senate to resolve this issue. I urge Members to continue working with him in that endeavor.

“Let’s not forget that this may well be our last chance to prevent the actions of one State—just one State—from hurting Americans in all the other States. Legislation to address this issue passed the House last summer with bipartisan support. With cooperation from across the aisle, we can take action on a bipartisan basis here on the Senate floor as well.”

On the other hand, Senate Minority Leader Harry Reid (D., Nev.) indicated that, “Madam President, GMO, genetically modified food—that is basically what it is. What we want is to make sure consumers know what is in their food. They deserve clear standards. They require the disclosure of what is in their food, not a voluntary standard that Senator ROBERTS is talking about bringing out of the committee. All that does is leave consumers in the dark, and that is the wrong way to go.”

And Sen. Merkley, who has regularly addressed this issue on the Senate floor over the past several days (see here, here, and here), also spoke about the GMO labeling issue again yesterday.

A complete transcript of his remarks can be found here.

In part, Sen. Merkley noted that, “Right now Vermont is a laboratory. On July 1 they are going to have their first labeling law in the country, and that is an experiment that their citizens wanted, consistent with 9 out of 10 Americans who want to know. They responded; Vermont responded. They are the first State in the Union to do so. Are we going to cut that short? We are going to trash that ability of Vermont to conduct this experiment? We are going to stomp on the citizens’ rights to know, not just in Vermont but in Oregon, Montana, Florida, and all 50 States, and throw in a few U.S. terri- tories as well?

“Now the argument is made that this is very dangerous because there could be multiple States that produce different standards. But that doesn’t exist. There will not be multiple States in July. There is only one State that has a bill. So it is a phony argument to say that this is somehow causing big, expensive problems because there are conflicting State standards, because there are no conflicting State standards. It is just one great State that responded to its citizens’ desires. Who are we to stop that experiment now? We should endorse that experiment. We should endorse that State laboratory. We should watch to see how well it works. We know citizens want this and that they care a lot. So why take it away just because Monsanto and friends don’t want Americans to know?”

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Farmland Values Steady, DTN

DTN Executive Editor Marcia Zarley Taylor reported today that, “Despite serious erosion in farm incomes since 2013, farmland markets across the Corn Belt held amazingly steady this winter.

“Peak Soil Index sales data through February 2016 shows six states it monitors below all-time records set in the last few years. But select counties in Wisconsin are averaging $4,361 per acre, only 2% below their high of a year ago; irrigated Nebraska farmland ran $7,055, about 4% below its 2015 peak; Minnesota crop counties averaged $5,641, off 8% from their 2014 peak; Illinois averaged $7,591, off 8% from its 2104 peak; and Indiana at $6,782 per acre recorded the steepest tumble, off 14% from its peak a year earlier.

“Such adjustments so far seem modest, even miniscule, compared to the collapse in commodity prices the past three years. Overall net farm incomes (including livestock, crops and government payments) could run about 40% below 2014 levels this year, USDA estimated in February. That would be the lowest farm income level since 2002.”

The DTN article noted that, “In contrast, good-quality Iowa farmland averaged $8,123 per acre through February, according to Peak Soil. That’s down about 11% from the state’s all-time high in May 2013.”

Today’s article added that: “The shock to farmland markets typically lags farm incomes by several years: Studies by Iowa State University Economist (Emeritus) Mike Duffy show for every 2% drop in gross farm income, you’d expect cropland values to dip 1%. It’s worked to forecast nearly every period in modern history except the 1970s, when Duffy believes inflation expectations distorted land markets.”

Recall that The Des Moines Register indicated today that: “Faced with declining profits, some Iowa farmers are defaulting on cropland rents…”

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Farmers Hurting From Lower Profit Margins

Donnelle Eller reported on the front page of today’s Des Moines Register that, “Faced with declining profits, some Iowa farmers are defaulting on cropland rents — a largely unheard of move given the intense competition for the state’s fertile farmland and a sign that financial pressure and debt are mounting.

“With farm real estate debt across the United States at its highest levels since the farm crisis years of the early ’80s, farmers are increasingly nervous about trying to turn a profit while paying sky-high rents.

“As a result, more growers are severing ties on rented land that some have farmed for decades — and they’re doing it with the spring planting season nearly upon them.”

The Register article explained that, “”We had someone call today and say ”Don’t cash that check right away,” said Mark Gannon, owner of Gannon Real Estate & Consulting in Des Moines, on March 1. ‘Another farmer called, wanting to renegotiate their lease. … There’s some stress out there.’

“Farmers tell managers and landowners that bankers are tightening credit, with growing losses and dwindling reserves built up during farming’s boom driving lending decisions, experts say.”

Ms. Eller added that, “U.S. farm income in 2016 is projected to fall for the third year in a row, with farmers squeezed between tumbling corn and soybean prices and stubbornly high costs for land, seed, fertilizer and other inputs needed to grow a crop, experts say.

“Grain prices have sunk 50 percent or more since 2012, when drought drove prices to record highs.”

Today’s Register article also noted that, “Dermot Hayes, an ISU agricultural economist, said land rents and other costs need to drop more, given where commodity prices have landed.

“‘Cash rents haven’t declined in proportion with revenue,’ he said. ‘That adjustment needs to occur.'”

Also, today’s article stated that: “[Dale Kooima, president of Peoples Bank in Rock Valley in northwest Iowa] said losses for corn and soybean growers are being exacerbated by a downturn for livestock producers. Cattle producers have struggled to post a profit, while pork producers have seen mixed results, he said.”

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Bank of America Looks at Potential FinTech Start-Up Deals

Peter Rudegeair reported in Saturday’s Wall Street Journal that, “Bank of America Corp. is abandoning its no-deals policy and going shopping in Silicon Valley.

“In a push to upgrade its technology offerings, the Charlotte-based lender is dispatching a top executive out west to look at possibly scooping up promising startup companies.

“Thong Nguyen, Bank of America’s president of retail banking, said the bank wants to be a bigger player in the business of handling consumer payments, even though that field is increasingly crowded.”

The Journal article indicated that, “Mr. Nguyen’s move to San Francisco is designed to make it easier for the bank to meet more frequently with potential technology partners and Bay Area recruits that can help the bank develop its mobile apps and cut costs associated with paper checks and cash payments. The bank declined to discuss specific potential partners.

“Mr. Nguyen’s move shows increasing focus on the fast-growing digital payments business, which promises faster service and more secure transactions than traditional credit and debit cards.”

Mr. Rudegeair explained that: “Handling payments has become a crucial business for banks in part due to consumers’ embrace of online spending. Also, regulations and low interest rates have pummeled other core banking businesses like trading and lending.”

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Consumers Increasingly Demand More Information About Their Food

From the labeling of GMO ingredients on food, to antibiotic use in livestock, consumers increasingly want to know more about what is in the food they purchase and how it was produced.

Ilan Brat and Annie Gasparro reported in today’s Wall Street Journal that, “From niche players such as Fish + People to large enterprises such as Campbell Soup Co. and Wal-Mart Stores Inc., companies are rushing to meet consumers’ increasing demand to know more about what’s in their food, where it came from, and how it was produced. Hershey Co.’s new ‘smart labels’ are putting more nutrition information on packages and eventually could showcase where it buys its ingredients. Kellogg Co. and General Mills Inc. now feature on their websites, names and profiles of farmers who grow wheat and oats for their cereals.

“Wal-Mart’s Sam’s Club unit recently began putting codes on produce packages that smartphone-wielding shoppers can scan to learn where, how and by whom the food was grown.

“Driving the efforts are consumers’ heightened concerns about health and the environmental and social impact of food production, as well as regulatory and safety worries.”

The Journal writers pointed out that, “Transparency initiatives are getting a boost from the 2011 Food Safety Modernization Act, rules on which are just being completed, because it puts more responsibility on retailers to ensure products are safe. Software from companies such as three-year-old ReposiTrack Inc. can now log inspection and other reports at every step of a supply chain and ensure compliance with safety protocols.”

The current consumer environment will likely contribute to increased opportunities for nimble, start-up agricultural operations, that focus on farm-to-table specialties and value-added ventures.

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