Investing in law suits

"To press a suit" means something different to a tailor and to a lawyer. Now investors are getting involved too.

Investing in Lawsuits, for a Share of the Awards
"A small but growing number of investors are exploring this idea, helping companies avoid some of the risks and costs of litigation in exchange for part of any money paid out when the case is settled or resolved by a court."

This reflects some broader changes in the law biz, somewhat related to developments in patent and class action law.

Regarding patents, firms that invest in patents with an eye towards making money from infringement law suits are known by those who dislike them as patent trolls (see here, too). There is both an offensive and a defensive part of that business, and both attract investors, see e.g. Trolling for Patents to Fight Patent Trolls.

Another kind of lawsuits that involve investors are class action suits. Here the investors are often a consortium of law firms that can pool otherwise unbillable hours to devote to a large speculative project that will only pay off in case of a favorable decision or settlement. The theory behind class action is that it should allow the law to bear on malefactors who might harm many people, but each too little to justify the expense of an individual lawsuit. (E.g. a supermarket chain that systematically overcharged everyone twelve cents might eventually be found liable to pay damages to a large class of consumers. If you noticed them doing this, you wouldn't be able to interest a law firm in representing you as an individual plaintiff, but might be able to interest a firm in representing the whole class.) Class action law envisions the firms as responding to claims presented by plaintiffs, and a plaintiff who claims harm is needed to bring the case. But there's a big advantage to being the first firm (or consortium) to bring a class action law suit, since the originating law firms get to represent the whole class of plaintiffs. So there's a temptation for an entrepreneurial firm to go out and hire some plaintiffs, which is against the law. One of the biggest class action firms fell to this temptation: Class-Action Firm Agrees to Pay $75 Million to Settle Kickback Case

HT: Benjamin Kay, an econ grad student at UCSD

Automated spam blog detection

Woke up this morning to find this on my blog dashboard:

"This blog has been locked due to possible Blogger Terms of Service violations. You may not publish new posts until your blog is reviewed and unlocked.
This blog will be deleted within 20 days unless you request a review."

And this in my email:
"Your blog at: http://marketdesigner.blogspot.com/ has been identified as a potential spam blog. To correct this, please request a review by filling out the form at http://www.blogger.com/unlock-blog.g?lockedBlogID=4748060798655400108

Your blog will be deleted in 20 days if it isn't reviewed, and your readers will see a warning page during this time. After we receive your request, we'll review your blog and unlock it within two business days. Once we have reviewed and determined your blog is not spam, the blog will be unlocked and the message in your Blogger dashboard will no longer be displayed. If this blog doesn't belong to you, you don't have to do anything, and any other blogs you may have won't be affected.

We find spam by using an automated classifier. Automatic spam detection is inherently fuzzy, and occasionally a blog like yours is flagged incorrectly. We sincerely apologize for this error. By using this kind of system, however, we can dedicate more storage, bandwidth, and engineering resources to bloggers like you instead of to spammers. For more information, please see Blogger Help: http://help.blogger.com/bin/answer.py?answer=42577

Thank you for your understanding and for your help with our spam-fighting efforts.

Sincerely,

The Blogger Team"

Let's see if I can publish this. (Update: it looks like I can still publish, but have to interpret a captcha to show I'm probably human...)

Further update: how could Google's automatic spam blog detector be improved? Well, Google offers a lot of tools for reading blogs. Some fraction of my regular readers apparently read Market Design on Google Reader, since it reports 858 subscribers when I checked just now. (You can check too, or subscribe, by going to Google Reader and typing "market design" after clicking on the + box next to "add a subscription." You aren't committed at that point, but you can see the feed, and the number...)

So, a thought for the humans who program the automatic spam detector: check if spam blogs have fewer subscribers than real blogs, and, if so, include that in the next version of the algorithm.

Identifying desirable spouses

Empirical researchers who use matching models to study matching markets such as marriage are often faced with the difficulty that they can observe the results of the market--e.g. who marries whom--but not the intermediate choices that produced these matches (such as who courted whom, who proposed and was rejected, etc.). One approach is to look for particular markets in which such additional data can be found (as in these studies in India, the U.S., and Korea). Another is to develop statistical tools to infer the missing data, e.g. about the preferences of men and women, from the readily observable outcomes.

A NBER working paper that takes this latter approach is Identification in Matching Games, by Jeremy T. Fox - http://papers.nber.org/papers/W15092.

Here's the first paragraph from the introduction:
"Matching games are a new and important area of empirical interest. Consider the classic example of marriage. A researcher may have data on a set of marriages in each of a set of independent matching markets, say a set of towns. The researcher observes characteristics of each man and each woman in each town, as well as the sets of marriages that occurred. The researcher observes equilibrium outcomes, here marriages, and not choice sets, so identification in this type of model will not be able to rely trivially on the analysis of single-agent demand models. What type of parameters can be identified from these data?"

And here's the formal abstract:
Abstract: I study a many-to-many, two-sided, transferable-utility matching game. Consider data on matches or relationships between agents but not on the choice set of each agent. I investigate what economic parameters can be learned from data on equilibrium matches and agent characteristics. Features of a production function, which gives the surplus from a match, are nonparametrically identified. In particular, the ratios of complementarities from multiple pairs of inputs are identified. Also, the ordering of production levels is identified.

The market for bulk commodity shipments

The transport of bulk commodities by sea is a business that depends on matching loads to ships. When times are good, ships may be fully booked, and costly, and when times are bad ships may be available and cheap.

"The Baltic Exchange is an association of ship owners, and has a long and colorful history. Because shipping prices are an indicator of the general economy, the Baltic Exchange Dry Index, which measures the cost of hiring a big ship, is a leading indicator of commodities trading in particular and of economic activity in general.

As recently adjusted, the components of the index are indices for different kinds of shipping, in order of cargo capacity: Capesize (too big to transit the Suez canal, so have to go around), Panamax (the maximum size ship that can go through the Panama canal), Supramax, and Handysize.

Hotel rooms and discounts

I just received an ad by email for a prizewinning hotel in Boston. When I went to their website, I found that their seasonal room rate for a weekday in late September for two adults is $285.00 Their site also makes it easy to check the special rates they give to those who are members of the AAA, AARP, and the U.S. Government. For the same day and same room, those rates were, when I checked, respectively, $355.50, $355.50, and $306.00 . Gotta love that government discount.

Factoring

If you do a google search on "factoring," the first few organic results are on factoring numbers, but the ads are all about factoring receivables. Factors (in this sense of the word) are firms that lend cash to businesses, on the strength of their accounts receivable. It used to be (and still largely is) a relationship business; one factor would handle all of a firm's receivables.

The Street.Com has an article on the new face on the block, The Receivables Exchange , which is set up around the idea of letting firms borrow from individual investors on the strength of particular accounts receivable: Cash-Strapped Firms Sell Unpaid Accounts.

"Cash flow has become a leading concern for small firms as banks reduce credit lines, shorten maturities and raise rates, according to a May study by the Credit Research Foundation. Among the companies surveyed, 45% said the financial crisis was straining their access to working capital. Almost 70% reported a slowdown in customer payments, and 61% said their top priority was to boost cash flow by getting clients to pay what they owe faster.
The Receivables Exchange (TRE), which runs an online auction market for accounts receivable, is benefiting from these trends. More companies have been turning to the two-year-old firm to raise money as traditional credit sources dry up.
"We take the most liquid of the assets on the balance sheet that they can modify and allow those to trade on a transparent, standardized exchange," says Nicolas Perkin, president of the New Orleans-based company.
With TRE's online system, which one might describe as an eBay... for factoring, sellers post eligible receivables and set sale parameters, such as the duration of the auction, the minimum advance payment and the maximum fee they will pay.
Buyers, such as commercial banks and hedge funds, browse for accounts to bid on and post profiles indicating their preferences. Sellers can leave the auction open-ended or set a "buyout price" that allows a buyer to immediately snap up the accounts.

TRE has almost $20 billion of liquidity up for grabs. The average seller is looking to unload $65,000 of accounts receivable. The average auction lasts one day, with the shortest clocking in at less than a minute. The company has a 99% completion rate, with upwards of 85% selling at the buyout price. About 86% of users are repeat customers. "

I've written about TRE before, here and here.

Update: Steve Leider points me to this Marketplace Whiteboard video explaining Factoring, inspired by the recent troubles of CIT, a big factor.

U.S. black market for kidneys, continued

The AP takes up the story of a man who says he sold his kidney in NY for $20,000, and who posted a video on the web. Here's the publication of the story by MSNBC, which includes the video: Man says he sold kidney in U.S. for $20k. (The video isn't full of information, but the kidney content begins just after minute 5.)

"In 2005, a rebellious and sporadically employed Israeli man flew to New York to give up a kidney to save an American businessman. For that, he says he was paid $20,000, which appeared in a brown envelope on his hospital bed after the operation.
...
"Rosen believes he did a good deed and that organ donors like him should be compensated. Much of his story can be confirmed, and the case gives new resonance to claims that a black market for kidneys has thrived even in the United States."

Here's my earlier post on Black market for kidneys: in the US? , and here's the long list of posts on compensation for donors generally.

HT: Katy Milkman at Wharton

Bob Aumann speaks in SA about game theory and market design

Bob Aumann has been lecturing in South Africa, and speaking about game theory as the foundation of market design, South Africa's Business Day reports: Game theory has a host of practical applications .

"Aumann thinks moving from game theory to game engineering will help us. Theory can be used to design practical interactive systems — the US auctions being a good example. But he says governments in particular must understand the power of incentives to drive economic and political actors, and work towards creating systems that get the best from them."

Licensing of Lawyers and Doctors and some more surprising professions

Can it be that Texas has only 22 licensed matchmakers?
(But 73 licensed ringside physicians?)
You can search Texas licenses by type here , in a drop down menu that starts with airconditioning contractors and ends with water well drillers, with matchmakers and many others in between.

Licensing plays a big role in the regulation of some markets, and not just the markets you would suspect, like those for doctors and lawyers. Some of the questions that come up in the licensing biz can be gleaned from the url's of the decisions they generate, like this one: http://www.license.state.tx.us/cosmet/cosmet.htm#eyelashes .
(That's from the Statement from TDLR about applying false eyelashes, eyelash tabbing and eyelash extensions and whether a person must hold a cosmetology license in order to perform these procedures.)

And, since you asked, here's the Texas ruling on fish pedicures.

Across state lines, there's some uniformity in how doctors and lawyers are treated, although not so much that moving from state to state is always easy. And there are some notable differences between doctors and lawyers.

Q. In how many states can a new medical school graduate be licensed to practice medicine right after passing the necessary exams (i.e. before doing at least one year of supervised clinical experience as a resident)?

A. Zero (although no information is available at this time on the Solomon Islands and the Northern Marianas, see State-specific Requirements for Initial Medical Licensure compiled by the Federation of State Medical Boards.

Q. In how many states can a new law school graduate be licensed to practice law after passing the necessary exams?

A. In all of them, unless I'm badly misreading the Comprehensive Guide toBar Admission Requirements 2009, published by the National Conference of Bar Examiners.

Q. What do Mississipi, Missouri, Texas and the Northern Marianas Islands have in common?
A. Those are the American jurisdictions in which a felony conviction is an automatic bar to admission to the legal bar, according to "CHART II: Character and Fitness Determinations" in the link above. (That doesn't mean felons get a free pass in other jurisdictions, just that their disqualification isn't categorical and automatic. E.g. in Florida, a felony conviction is "Not an automatic bar, but restoration of civil rights is required.")

Health care as a protected transaction

President Obama makes the case that health care, and health insurance, should be protected transactions (and that some existing insurance practices are repugnant):

"Our reform will prohibit insurance companies from denying coverage because of your medical history. Nor will they be allowed to drop your coverage if you get sick. They will not be able to water down your coverage when you need it most. They will no longer be able to place some arbitrary cap on the amount of coverage you can receive in a given year or in a lifetime. And we will place a limit on how much you can be charged for out-of-pocket expenses. No one in America should go broke because they get sick. "

From Why We Need Health Care Reform by Barack Obama

Paul Romer on market design

Paul Romer, at Charter Cities, thinks of market design as part of the economics of ideas, in his post on Fish Proverb v2.0 (Bringing in Rules):

"Most of the work on the economics of ideas has focused exclusively on a subset of ideas, technologies. Economists have been slower to acknowledge the complementary set of ideas, rules. "

Market for household staples

Just as the pattern of demand for textbooks differs from demand for other books, household staples have a different pattern than other goods. While peaches may only sometimes be in season, lightbulbs always are, and perhaps your regular shopping needs can be met by a specialized service.Here's a story: Alice.com Grasps the Woes of Buying Toilet Paper . Here's the site: http://alice.com/

Indian court decriminalizes gay sex

Another court, in another democracy, finds that an ancient repugnance violates another constitution: Indian court decriminalises gay sex.

"An Indian court has ruled for the first time that consensual gay sex is not a crime, in a breakthrough for Aids campaigners and the country’s largely closeted homosexual community. "
...
"“Consensual sex amongst adults is legal which includes even gay sex,” said a two-judge bench after considering a petition against the law. "

Where it's illegal for prostitutes to give massages

The complicated legal situation in Rhode Island makes indoor prostitution legal, but requires masseurs to be licensed, so prosecutors "brought charges against alleged brothels for performing unlicensed massages."

This from a story by Sarah Schweitzer in today's Boston Globe, Many seek ban as prostitution thrives in R.I..

The debate over whether to change the law and (re)criminalize indoor prostitution is revealing, and suggests some of the complexities underlying repugnance to prostitution.

"Prostitution has flourished in Rhode Island, and the state has the distinction - a dubious one, many say - of being the only state in the nation to permit what is often referred to as indoor prostitution, a phrase that distinguishes it from streetwalkers’ solicitations. (In Nevada, the practice is permitted only in certain counties.)
Legislators have repeatedly proposed banning all prostitution in the state, without success. Yet, as the number of spas has exploded in recent years, pressure has mounted for change. This year, both the House and the Senate passed separate antiprostitution bills. Legislative leaders are now trying to hammer out a compromise with the backing of Governor Donald Carcieri."

"Leaders of the push to ban indoor prostitution say Rhode Island is encouraging a dangerous profession, and embarrassing itself in the process.
...
"In addition to support from Carcieri, Giannini’s bill has won backing from Bishop Thomas J. Tobin of the Roman Catholic Diocese of Providence and state Attorney General Patrick Lynch."

"Opponents also have a broad spectrum of support, including local chapters of the American Civil Liberties Union and the National Organization for Women, and a group of academics from around the globe who recently penned an open letter to the Rhode Island Legislature saying that, “compared to street workers, women and men who work indoors generally are much safer and less at risk of being assaulted, raped, or robbed.’’ "

Rakesh Vohra on Indian higher education

Rakesh Vohra doesn't hesitate to call 'em as he sees 'em in his post on Signaling and Indian Higher Education.

"...India offers only three varieties of higher education.
First, low price and low quality for a select few. These are the IIT’s and the IIM’s. In India there is a quaint belief that these handful of institutions are `world class’. Apart from some isolated departments, this is not true. This assertion will generate a response. So, let me lay on the kindling. It is doubtful if many of the faculty at these institutions would find employment in any top 20 university in the states. Note the implicit assumption in this arrogant statement: quality of faculty research is positively correlated with the ability to produce men and women qualified to `hold dominion over palm and pine’. I’ll get back to this later.
Second, high price and low quality offered by private institutions; here one pays for infrastructure. If one must attend college, it might as well be pleasant. So, tennis courts, air-conditioned class rooms etc.
Third, low price and zero quality for the rest. These are the government run Universities bedeviled by student strikes and chronic faculty absenteeism."

British professions

The London Times reports on a British government report on the socioeconomic background of new lawyers, doctors, journalists, and accountants: Top professions 'operate closed shop to exclude the poor'

"Law, medicine and other professions have become more exclusive in the past 30 years, drawing recruits from better off, middle-class families, a government report has found.
Other former trades, such as journalism, have evolved into “modern professions”. They are increasingly colonised by middle-class graduates and offer fewer opportunities for young people with lesser qualifications to get a foot on the ladder.
Barriers to all professions, traditional and modern, have also sprung up — most notably internships — making it even more difficult for children from poor backgrounds with few connections to break in.
The report on access to the professions was commissioned by Gordon Brown and written by Alan Milburn, the former Health Secretary. He said traditional and modern professions had a “closed shop” mentality, blocking mobility and shutting their doors to children from poorer backgrounds."
...
"Professions should also be obliged to report to ministers on how they offered internships. In recent years these unpaid and often lengthy periods of work experience have become the gateway to the best jobs. Mr Milburn said that too often such placements depended on who you knew.
The report revealed that the law is the most exclusive profession. Lawyers who entered the profession in the 1990s typically grew up in families with incomes 64 per cent above average. Those starting out in the 1970s came from homes with incomes 40 per cent above average. Three quarters of judges and two thirds of top barristers are privately educated. “Modern professions”, such as journalism, are not far behind, with degrees and even postgraduate qualifications and an internship now the norm for entry.
Most journalists and broadcasters are from wealthy families and more than half have been privately educated. Forty years ago, only a tiny proportion of journalists were from privileged backgrounds and most worked their way up.
Accountancy is another new preserve of the middle classes. Forty years ago accountants starting work came from families on average incomes but 20 years later in the 1990s, accountants came from families on incomes 40 per cent above average. "

Paying for unpaid work: Market for internships, continued

When "experience" is necessary for a new job, acquiring experience is worth paying for. In an earlier post, I wrote about paying for unpaid internships in Britain, and now a very well written story by Gerry Shih in the NY Times outlines similar developments in the U.S.: Unpaid Work, but They Pay for Privilege. I quote his story at length below, with the kicker being the last paragraph quoted:)

"With paying jobs so hard to get in this weak market, a lot of college graduates would gladly settle for a nonpaying internship. But even then, they are competing with laid-off employees with far more experience.
So growing numbers of new graduates — or, more often, their parents — are paying thousands of dollars to services that help them land internships.
Call these unpaid internships that you pay for.
“It’s kind of crazy,” said David Gaston, director of the University of Kansas career center. “The demand for internships in the past 5, 10 years has opened up this huge market. At this point, all we can do is teach students to understand that they’re paying and to ask the right questions.” "
...
"Andrew’s parents used a company called the University of Dreams, the largest and most visible player in an industry that has boomed in recent years as internship experience has become a near-necessity on any competitive entry-level résumé.
The company says it saw a spike in interest this year due to the downturn, as the number of applicants surged above 9,000, 30 percent higher than in 2008. And unlike prior years, the company says, a significant number of its clients were recent graduates, rather than the usual college juniors."
...
"But many educators and students argue that the programs bridge one gulf — between those who have degrees from prestigious colleges or family connections and those who do not — only to create a new one, between the students who have parents willing and able to buy their children better job prospects and those who do not.
“You’re going to increase that divide early, on families that understand that investment process and will pay and the families that don’t,” said Anthony Antonio, a professor of education at Stanford University. “This is just ratcheting it up another notch, which is quite frightening.” "
...
"The industry dismisses the criticism.
“Universities forget that they themselves are, in essence, businesses,” said C. Mason Gates, the president of Internships.com, an online placement service. “Just because they’re doing it in a nonprofit fashion doesn’t mean that those of us doing it for profit are doing it incorrectly.”"

Secondary market for prescriptions: a privacy-repugnant transaction

The information on your drug prescriptions, including your name, can be bought and sold, reports Milt Freudenheim in the NY Times: And You Thought a Prescription Was Private

"... prescriptions, and all the information on them — including not only the name and dosage of the drug and the name and address of the doctor, but also the patient’s address and Social Security number — are a commodity bought and sold in a murky marketplace, often without the patients’ knowledge or permission.
That may change if some little-noted protections from the Obama administration are strictly enforced. The federal stimulus law enacted in February prohibits in most cases the sale of personal health information, with a few exceptions for research and public health measures like tracking flu epidemics."
...
"Selling data to drug manufacturers is still allowed, if patients’ names are removed. But the stimulus law tightens one of the biggest loopholes in the old privacy rules. Pharmacy companies like Walgreens have been able to accept payments from drug makers to mail advice and reminders to customers to take their medications, without obtaining permission. Under the new law, the subsidized marketing is still permitted but it can no longer promote drugs other than those the customer already buys. "

Loss of privacy, particularly medical privacy, is a negative externality to some transactions that is increasingly seen as making them repugnant.

Gestation and the marriage market: second child still takes nine months

How long (after marriage) it takes for the first child to arrive is determined by many complex things, but the marriage market in Japan is evolving in a direction that shortens the time: Shotgun weddings on rise in Japan as attitudes to pregnancy shift.

"“From about five years ago the number of dekichatta-kon [weddings due to pregnancy] that we handle has not stopped rising,” she said. “Last year we worked out that about a quarter of the brides we worked with were pregnant, and some were about eight months along when they tied the knot.
“The couples used to be embarrassed, and our job was to try to hide the fact from the families. Now everyone is so relaxed about it we try to turn it into a double celebration and make life as easy as possible for the mother-to-be.”
...
"The shift reflects changing attitudes in Japan. The historic taboo of pregnancy outside marriage was largely abandoned during the 1990s but a strong tradition of being married by the time of the birth remained.
By 2004, however, the national average of ten months between marriage and the birth of a first child had fallen to six. "

A Toolbox for Economic Design by Dimitrios Diamantaras et al.

A new book on mechanism design theory, with a deep bow in the direction of practical market design, and a modern choice of topics (including the original mechanism design work on Kidney Exchange).

I haven't held it in my hands yet, but you can get a surprisingly good idea of the coverage by using the search function on the Amazon site:

A Toolbox for Economic Design by Dimitrios Diamantaras, Emina I. Cardamone, Karen A. Campbell Campbell, and Scott Deacle (Hardcover - March 31, 2009)