Wednesday, May 16, 2012

DIMON PASSES CRISIS TEST WITH FLYING COLORS

By Richard E. Nicolazzo

The massive trading loss at JPMorgan Chase is a first-class business debacle, but it’s difficult to find fault with the way CEO Jamie Dimon has managed the initial communications challenge.

In April, Dimon dismissed rumors of trading problems as “a tempest in a teapot,” but things quickly turned ugly on May 11 when Dimon admitted on a hastily-arranged conference call that the firm had, in fact, lost $2 billion from a trading portfolio.

Taking cues from the modern-day crisis management playbook, Dimon stepped up and took responsibility. His first public comments, which made headlines around the world in a matter of minutes, were refreshingly blunt.

“The portfolio has proved to be riskier, more volatile and less effective as an economic hedge than we thought," Dimon told reporters. "There were many errors, sloppiness and bad judgment…We will admit it, we will learn from it, we will fix it, and we will move on.”

Not exactly the kind of comments you usually hear from CEOs under siege.
Dimon’s next move was a calculated risk, but seemed to play out fairly well. By agreeing to tape an interview that day with David Gregory that aired Sunday, May 13, on NBC’s “Meet the Press,” he used a relatively comfortable setting to “frame the story” and speak directly to the American public, unfiltered by the news media.

Gregory’s key question was simple: “How did this happen?”

Dimon’s answer: “We made a mistake. We got very defensive and people started justifying everything we did. You know, the benefit in life is to say, ‘Maybe you made a mistake, let’s dig deep.’ And the mistake had been brewing for a while, so it wasn’t just any one thing.”

The answer sounded a bit muddy, but clearly does not come across as the kind of corporate-speak we are used to hearing from Wall Street heavyweights.  By allowing a painful smile to play on his lips, he appealed to the very instinct that we can all relate to: Human beings make mistakes.

Story Stays Alive

Crisis experts often tell clients, “Let’s make this a one-day story.”  No such luck in this case, since JP Morgan’s annual shareholders’ meeting was scheduled to occur just four days after the startling announcement. That fact prompted two more days of stories speculating how Dimon would handle himself in front of the people who actually own the company.

Annual meetings typically open with management recapping a company’s financial and operational status.  Not this time. Appearing a bit subdued, Dimon again faced the music.

Wasting no time, he addressed the obvious elephant in the room, saying, “I want to start with what is probably on your mind.” He called the trading bet “poorly vetted and poorly executed,” adding that a change in management had taken place and the bank had appointed an executive to work full-time on investigating the lapse. He added, “The buck stops with me.”

In reality, with the vast majority of votes already counted, Dimon had little chance of losing his job. In fact, shareholders voted that he continue as chairman of the board and CEO.  Shareholders also approved his executive compensation package.

It’s interesting to note how JPMorgan Chase managed to achieve what were likely their goals in this crisis:

  • The issue was framed based on facts.
  • The bank moved aggressively to control the message before it controlled them.
  • It ensured the distribution of timely and accurate information.
  • In an extremely difficult situation, the CEO took center stage and worked diligently to maintain brand, management, and corporate reputation.
  • The bank avoided “denial” and “secrecy.”
  • Dimon was the only spokesperson to comment publicly; he also understood how to engage with high-level media.
  • The CEO was forthcoming and attempted to answer all the tough questions on an analyst call, with national print/broadcast media outlets, and at the shareholders’ meeting.
  • Remedial action was immediately addressed and executed.

There is still plenty of criticism being directed at the nation’s largest bank. This is as it should be. The loss of $2 billion is nothing to take lightly, and the SEC and FBI should investigate whether laws were broken.  Already, two shareholder lawsuits have been filed, claiming Dimon misrepresented risk to investors. 

However, the hysteria from regulators, politicians, and news commentators is somewhat over the top. After the losses, JPMorgan Chase still has $127 billion in equity and is highly profitable. Massive trading losses have unfortunately become a by-product of the complex system constructed by the financial services industry over the past decade.

In my view, most of the hue and cry is centered around the politics of regulators issuing their final interpretation of the so-called Volcker Rule, which makes it illegal for banks to take proprietary positions in certain securities.

Where this will end up is anyone’s guess. Clearly, when it comes to the actual trading blunder, there are many more questions that  need to be answered.

As a result of the fallout, Jamie Dimon may ultimately lose his seat on the board of the New York Fed and his star may not shine as brightly as it once did, but so far he comes across as a stand-up guy who can take the “heat in the kitchen.”

In the world of crisis management, it’s often not the crisis itself but how management handles the crisis that determines the outcome. 

In the case of JPMorgan Chase, so far Jamie Dimon gets Straight “A”s. 

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Richard E. Nicolazzo is Managing Partner of Nicolazzo & Associates, a strategic communications and crisis management firm headquartered in Boston, Mass.

Joe M. Grillo, Partner, and Linda Harvey, Client Services Director at Nicolazzo & Associates, contributed to this blog.

Tuesday, May 15, 2012

BoA CEO HAS TOUGHEST COMMUNICATIONS CHALLENGE IN AMERICA

By Richard E. Nicolazzo

There are lots of major league communications challenges on the business landscape today, but it’s hard not to make the case that Bank of America CEO Brian Moynihan has the toughest communications job of them all.

Moynihan, now in his third year at the behemoth bank that everybody seems to love to hate, got another rude reception on May 9 in Charlotte when BoA held its annual shareholders’ meeting.

An estimated 500 investors, activists, and “Occupy Wall Street” protesters marched on the bank’s headquarters from three directions. While there was no serious violence, six were arrested in what could be described as a noticeably angry mob.

Inside, Moynihan was peppered with questions from shareholders who hold the bank responsible for everything from environmental pollution to the mortgage meltdown. One shareholder said, “Listen to what’s around you. This is America. Bank of America, take care of America.”

The CEO’s tepid response: “I listen carefully.”

According to news reports, instead of trying to show a more warm, “human touch”, Moynihan gave terse responses to most shareholder comments, which in some cases fueled more criticism. 

Here’s a sampling:

On foreclosures: “We continue to do everything we can.”  On modifying underwater mortgages: “We have looked at this a lot. If we’re not getting it right, we’re happy to take your feedback.” On trying to break away from Countrywide: “To divest something, you have to have a buyer.” On whether he cares about customers and communities: “I love my neighbor as myself.”

After saying he would stay all day to answer questions if necessary, the meeting apparently got a bit too heated and was adjourned before everyone had a chance to speak. As attendees filed out, a report in the Charlotte Observer said a group began chanting, “Bank of America, bad for America.”

Like it or not, in today’s business environment a chief executive officer like Moynihan also serves as the chief spokesperson on major matters affecting the bank, investors, customers and various constituent communities.   Bank of America’s image and reputation have been severely tarnished in recent years, with repeated attacks on its anti-consumer policies and practices.  Despite increasingly negative media coverage, highly-publicized public protests, movements to boycott the bank, and numerous lawsuits, Bank of America has done little to solve its longstanding and questionable procedures in its mortgage lending business.

Help for Homeowners

At times, Moynihan must be wondering if he’s living in a parallel universe.

Despite the outcry, shareholders elected all 12 of the company’s board of directors and 92% voted in favor of Moynihan’s $7 million pay package. Just two days before the meeting, BoA announced it started sending letters to some 200,000 homeowners in the U.S., offering to forgive a portion of the principal balance on their mortgages by an average of $150,000.

And less than a month earlier, first quarter financial results showed net income (profit) of $653 million, a strengthened balance sheet, an increase in commercial loans, 3% sequential growth from the last quarter, and near-record profits from the Merrill Lynch unit.

So what gives? Why is BoA one of the most disliked banks in America?  Why is Brian Moynihan viewed with such doubt and skepticism?  What can be done to change things?

Three theories: First, with 57 million consumer and small business accounts, 17,250 ATMs and 30 million active users, the bank is just too big, particularly in an unsteady economy. It follows that the bigger the bank, the more chance for disgruntled customers.  Complex internal policies and processes are necessary to manage an enterprise this large, which in some cases can have an adverse impact on communications strategies designed to address these issues.

Just last week, Sen. Sherrod Brown (D-Ohio) introduced the Safe, Accountable, Fair and Efficient Banking Act. His proposition is simple: Too-big-to-fail banks should be made smaller, and it has to be done without causing global panic. This idea has gained support since 2008 when the so-called Brown-Kaufman amendment got the backing of 33 senators but failed on the floor.

Second: The January 2008 acquisition of Countrywide Financial, which made BoA the nation’s biggest mortgage lender and loan servicer. At the time, Countrywide had $408 billion in mortgage originations and a servicing portfolio of about $1.5 trillion with 9 million loans.

The mortgage documentation mess at Countrywide, made worse by BoA’s questionable foreclosure practices, has created a hangover of discontent that has permeated the nation. With millions of mortgage customers impacted, it’s become impossible for BoA to fix every situation. It’s no secret that the bank’s mortgage servicing process is broken, with long delays and other obstacles facing homeowners.

Having joined four other large mortgage servicers in February to reach terms of a global settlement resolving federal and state investigations into certain origination and foreclosure practices, BoA could see some improvement in the months to come. It’s committed $18 billion in borrower assistance. This will, however, not be a quick fix on the PR front.

Even BoA’s Global Strategy and Marketing Officer, Anne M. Finucane, who is at the helm of hundreds of millions of dollars in advertisement and PR budgets, acknowledges the mortgage quagmire. In a lengthy New York Times piece in January 2012, Ms. Finucane said, “It’s vital to resolve the foreclosure crisis, an issue that angers millions of Americans.”

Third: For all his bona fides in the banking industry, Moynihan just may be unable to connect with people. A CEO’s connection to a company’s audiences, large and small, is fragile and often elusive. Clearly chief executives like the late Steve Jobs had it. So do Google’s Eric Schmidt, Southwest Airlines’ Gary Kelly and JPMorgan Chase’s James Dimon.

Although some circumstances may be beyond their control, CEOs also typically get blamed for poor stock performance. Since Moynihan took over at BoA, the stock has taken a beating, falling 58% in 2011 before bouncing back a bit this year. Analysts have been dissecting the stock issue for years, but a common theme seems to be there are questions about long-term survival and the bank’s ability to finally extricate itself from the mortgage morass.

A shareholder activist at the recent annual meeting may have put it best when he stood up and said the bank wouldn’t be there without the taxpayers who bailed it out after the 2008 financial crisis. “I want you to think about what it’s been like to hold this stock for 15 years,” said John Moore, the activist.

These factors and Americans’ deepening mistrust of financial institutions have created a toxic mix. In many ways, Finucane’s tag line “Bank of Opportunity” has fallen on deaf ears, despite slick TV ads permeating the airwaves.

On May 4, BoA announced it had picked WPP of Dublin, which operates in 107 countries, as its main advertising agency, handling overall branding, as well as advertising for its consumer banking, global banking and markets, and global commercial banking divisions.

The challenge is enormous. It will be interesting to see what new slogan appears in the weeks and months ahead. Despite some fresh blood in the creative process, I’m not convinced BoA’s PR will improve anytime soon unless all the operational problems are addressed and solved. At the end of the day “image and reality must be consistent.”

Until these policies and processes are fully addressed, BoA will likely continue to be viewed as “too big to fail…and too big to succeed.”

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Richard E. Nicolazzo is Managing Partner of Nicolazzo & Associates, a strategic communications and crisis management firm headquartered in Boston, Mass.

Joe M. Grillo, Partner, and Linda Harvey, Client Services Director at Nicolazzo & Associates, contributed to this blog.



         


Monday, May 07, 2012

Liberty Mutual Takes Major Hit To Reputation

By Richard E. Nicolazzo

On April 11, 2012, the Boston Globe undoubtedly raised the blood pressure in the executive suites at Liberty Mutual when it ran a story on the “outrageous” compensation of longtime CEO and current board chairman Edmund “Ted” Kelly.

Seventeen days later, on April 28, when Kelly and current Liberty Mutual CEO David Long finally spoke with the Globe about the issue, the company had already endured a Globe news blitz that featured four, fact-filled highly-negative columns by Metro columnist Brian McGrory and three stinging news stories by reporter Todd Wallack.

Kelly told the Globe that his pay package of nearly $50 million a year was “an accounting issue”, adding, “It’s as if I got stock options over the years. If the company does well, the stock options do well.”  Long stated he was “not going to apologize” for Kelly’s pay and did not think Kelly had anything to apologize for either.  According to the Globe, Kelly further noted that the company was near bankruptcy when he first came on board in 1992 and it is now a Fortune 100 company with approximately $35 billion in sales.

After Kelly and Long spoke with the Globe, they probably thought the avalanche of negative news and editorial coverage had ended.  Then came further blasts from the Globe.  In a May 2 Metro column, McGrory continued to decry the “clueless, callous” behavior of Liberty Mutual’s top executives and directors, stating:  “Greed and arrogance are a toxic mix.”  In a May 4 Business story, Todd Wallack continued the onslaught, taking issue with the company’s version of its past financial woes.   

In my more than three decades of experience in this market, I cannot recall another instance when one columnist took so many shots at a top business leader. To Kelly and Liberty Mutual, it must feel like they’re standing on the ropes in a prize fight and taking blow after blow, practically defenseless.

Back Story

One has to ask:  How did this issue get so messy so fast?

While not privy to the strategy discussed in behind-the-scenes meetings, I believe things got off to a bad start from the beginning.

Through public filings, the mutually-owned company was required to report Kelly’s salary for years 2008-2010. However, when first asked, the company declined to disclose how much Kelly earned in 2011 when he retired as CEO, or how much he continues to be paid as board chairman.  In fact, this data was not included in its annual report filed with state regulators in March. While the company likely met reporting guidelines, it did not account for something equally important … its policyholders. 

Part of the disclosure problem was apparently Kelly’s own making. According to published news reports, Liberty Mutual created a holding company a decade ago, paving the way for the company to sell a minority stake in the subsidiaries to outside investors, without compensating policyholders. The change also made it difficult to track pay packages since its insurance units must file annual reports with Massachusetts regulators, but the holding company does not.

This was mistake number one - lack of transparency and poor corporate governance. Did Liberty Mutually actually believe no one would find out what these numbers were?

The issue was compounded when the company, through a spokesperson using classic “corporate-speak,” told the Globe that Kelly’s pay was based on an analysis by an executive compensation firm and included long-term incentive awards.

Just a day later, when approached at the company’s annual meeting, Kelly revealed he got $50 million in 2011. So what was the point of holding back this information in the earlier story?

Blood in the Water

The Globe sensed it really had an issue to run with, and McGrory penned the first of his six columns.  There’s not enough space to chronicle all the arrows shot at the company in these columns, but here’s one from McGrory’s April 13 piece: “…every Liberty Mutual policyholder, all those regular people making ends meet at kitchen tables, have paid for Kelly to take $200 million out of the company, their company, over the last four years…the whole thing is grotesque.”

Next came the revelations about the Liberty Mutual fleet of jets at Hanscom Field. Five powerful, long-range jets to ferry executives around the world. With reporters now having access to flight logs, it wasn’t difficult for the Globe to find flights that looked a little suspect in terms of the “business purposes” of these trips. When questioned by McGrory, another corporate-speak gaffe occurred when the vice president of public relations said, “Can I ask why you’re writing this?”

A few days later, as one could have predicted, came a Globe editorial calling for Massachusetts regulators to probe Kelly’s pay. The Globe didn’t hesitate to state that Kelly’s yearly pay was more than 100 times that of President Obama and more than the entire 100-member Senate. A subsequent news story found many critics who decried the executive pay package and policyholders who were equally upset. There was still more anger over $46 million in tax breaks the company was awarded for construction of a new tower in Boston’s Back Bay.

Further compounding the negativity was the lack of comment from the board of directors who signed off on Kelly’s  compensation.  Because  of the company’s  “information void”, the press, namely the Globe, continued to report on the story.

The most inexcusable behavior, though, was trying to make it sound like the company was near bankruptcy when Kelly took over. It appears that Liberty Mutual just didn’t check its facts. The company did cut jobs back in 1992 and suffered two bond rating downgrades, but it remained profitable. By searching earlier news coverage, the Globe found a quote from former CEO Gary Countryman, who said the company ended 1992 “stronger than ever financially” as profits rose by almost half to $217 million.

“Hide-and-Seek”

From a business perspective, in my view, Liberty Mutual let Kelly’s pay package get completely out of hand. Kelly is not an executive working at a private, family-owned company that can play by a different set of rules. He’s leading a Fortune 100 company that is “mutually-owned.”  There needed to be a greater sense that every dollar used for executive compensation and benefits, like jet trips to vacation homes, is coming out of the pockets of the policyholders who make payments every month.

This is clearly a board governance issue that needs to be corrected, and it puts into question the future compensation package and benefit formulas for the new CEO. It is unlikely policyholders will tolerate more $50 million-a-year salaries.

From a communications standpoint, the company seemed to have a fundamentally flawed strategy that resulted in a game of “hide-and-seek” with the press. It should have been clear from the beginning that the Globe was on to a hot story. When this happens in today’s environment of free-flowing, easily accessible information, there is literally no place to hide.

As soon as the first story broke, Liberty Mutual’s current CEO and Kelly should have met with Globe editors and reporters. The company should have gathered all the relevant information, presented it to the paper, outlined the rationale that supported Kelly’s compensation package, and fielded questions.  Although there was no guarantee that the stories would have ended, it’s reasonable to assume that the unrelenting negative media coverage would not have lasted more than three weeks.

In my view, Liberty Mutual’s senior management and its board of directors owed it to the “owners” of the company to be as transparent and accountable as possible. When it comes to excessive compensation, senior executives act like the company is being run for their benefit when, in fact, the opposite is true:  It is run for the policyholders/owners.  Maybe it’s time, in the case of mutually-owned companies, for these policyholders/owners to assert their rights. 

In today’s business environment, there is a major difference between good corporate citizenship and good corporate governance. To be at the top of the class, a company needs both.

I’m sure the negative coverage over the past 24 days does not reflect an accurate picture of Liberty Mutual. Certainly, there are thousands of hard-working employees around the world who have made the company a financial success. Liberty Mutual sponsors the Boston Pops July 4th concert each year and contributes more than its share to charities.  Recently, the company finished second among major auto insurers in the J.D. Power and Associates survey, up from 5th in 2001.

Nor should we diminish Kelly’s outstanding record of success in quadrupling annual revenues at Liberty Mutual since 1992, creating five times the equity, and expanding operations globally. 

Inevitably, this issue will fade.  However, Ted Kelly's legacy will be tarnished by focusing on his compensation.  Perhaps the ultimate consequence is that he will be remembered as a symbol of corporate greed and arrogance, eclipsing his remarkable business accomplishments and contributions as a leader in the Boston community and elsewhere.

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Richard E. Nicolazzo is managing partner of Nicolazzo & Associates, a strategic communications and crisis management firm headquartered in Boston, Massachusetts

Joe M. Grillo, Partner, and Linda Harvey, Client Services Director at Nicolazzo & Associates, contributed to this blog.