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Law Decoded: All vs. One and One vs. All, Jan. 22-29

In a week that saw meme-driven investors rail against Robinhood in what coverage painted as a David and Goliath story, considerations of who exactly policy should defend flared up.
Every Friday, Law Decoded delivers analysis on the…

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In a week that saw meme-driven investors rail against Robinhood in what coverage painted as a David and Goliath story, considerations of who exactly policy should defend flared up.

Every Friday, Law Decoded delivers analysis on the week’s critical stories in the realms of policy, regulation and law.

Editor's note

“It was the best of times, it was the worst of times,” begins the most famous English-language story of the French Revolution. Though many would disagree with me, I would argue that neither is true of today. Maybe that’s why what passes for revolutions these days is so dependent on memes and lunatic viral conspiracy theories.

That same memetic energy has brought together an unholy matrimony of anarchists, leftists, populists, jilted investment bros, Boogie boys and survivalists, AOC stans, and a dose of antisemitism — the sort of audience that only finds common ground in a colosseum, united in bloodlust, cheering wildly for the death of a hedge fund.

It was the bizarrest of times.

Despite the best efforts of the digital revolutionaries, no Bastille is being stormed — though I would not be surprised if AOC has daydreamed about melting down the Wall Street bull and reshaping it into a working bronze guillotine. But there is no question that this week has been turbulent, playing host to more than its fair share of conflicts between the hoi polloi, arming themselves with digital tools, and institutions. Despite the revolutionary metaphors that have haunted this intro like a spectre reportedly did Europe, I don’t think this shapes out to be quite the battle of good vs. evil that some think. But it’s certainly something. And the memes have, in all fairness, been something else.

Robinhood vs. Reddit (vs. Congress)

Stealing the world’s attention and forcing every phone scroller to learn what short-selling is was the deranged saga of Robinhood and Reddit.

It was well over a year in the making, but only this week did the world’s attention to the pending standoff between major hedge fund Melvin Capital and a Reddit group of amateur investors who mostly seem pretty intoxicated. Intervening between the two was retail trading app Robinhood and Gamestop’s extravagantly over-shorted GME stock.

The scene was set. r/WallStreetBets had mobilized a substantial squad of retail traders willing to lose their whole investment in GME in an attempt to short-squeeze Melvin into bankruptcy. And, oh yeah, after such a short squeeze would come strong odds that GME spikes dramatically as Melvin was forced to buy up the market to pay off its debts. That is, until Robinhood and a host of other retail apps turned off the buying function for GME on their apps.

While a broker-dealer has the right to stop trading in the event of major volatility, Robinhood investors — many of them holding GME as a result of a giveaway on the app — saw it as force majeure on behalf of Wall Street and a major assault on the app’s own userbase. The internet as a whole was outraged as well, heavily in favor of Wall Street Bets, who seemed to represent the little guy, despite being a pretty aggressive and often quite offensive crew.

Internet outrage, however, is not policy. Nor is it even the will of the people. The role of social media in manipulation of information has already taken center stage in a great deal of political debate, and there’s a good argument to be made that WSB is going to move that conversation into manipulating markets.

But new guard in Congress and the White House are more eager to take the opportunity to bludgeon Wall Street as a clear signal of the end of Trumpian indulgence of financial kingpins. Democrats have spent the past year agog at a broad bull market that seems damn near idolatrous in the face of a pandemic-ridden economy. I suspect that however much Robinhood and its retail investors will be the pretext for everything we see from incoming Democrat-led financial legislation, the results will be more about proving a point.

Stonks, meanwhile, have had a rough day, and it looks like Robinhood’s loss will be crypto’s gain as retail interest turns to crypto exchanges.

Iran vs. Signal

Iranians are reporting outages in access to encrypted messenger Signal.

Having attacked Bitcoin mining, accessed WhatApp messages, and done its best to cut off Telegram, Iran is now trying to cut off Signal, which has seen a boom thanks to new public interest in its end-to-end encryption.

Iran is a remarkably interesting place. It is home to an authoritarian theocracy grafted onto a remarkably well-educated and tech-savvy population. Both sides are miffed about being locked out of the global economy and information cycle. But while the regime busies itself getting around these blocks and, especially, sanctions, it seeks to monopolize that access at the expense of the people.

Netherlands vs. Peer-to-peer

Crypto users and exchanges are fighting the Netherlands’ intensive and, they say, intrusive know-your-customer rules.

The Netherlands is low-key home to some of the most demanding requirements for crypto exchanges in the EU and, by extension, the world. Since allowing crypto exchanges back into the country under a new regulatory regime a few months ago, De Nederlandsche Bank has instituted a reporting regime for transfers to wallets off-exchange that the U.S. Treasury can only dream of.

In pursuit of information on ultimate beneficiary owners, De Nederlandshe Bank requires exchanges not only identify the owner of crypto wallets to which clients are trying to withdraw funds, but also that the clients prove that those wallets belong to them.

Bitonic, the crypto exchange filing against the Dutch central bank, says there is no legal basis for that level of personal data collection.

Far from the largest country in the EU, the Netherlands has, nonetheless, maintained its centuries-old status as a trading hub for stocks. The fate of its KYC requirements may well determine whether that status carries on into crypto.

Further reads

Yaya Fanusie and Emily Jin of the Center for a New American Security warn of China’s CBDC as a mechanism to add financial data to the regime’s surveillance arsenal.

Teasing its coming crypto report, Chainalysis charts the massive rise in ransomware over the past year.

The Wall Street Journal runs down the case of the SEC v. Ripple, the result of which will determine the fate of the company.

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Spread & Containment

Another beloved brewery files Chapter 11 bankruptcy

The beer industry has been devastated by covid, changing tastes, and maybe fallout from the Bud Light scandal.

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Before the covid pandemic, craft beer was having a moment. Most cities had multiple breweries and taprooms with some having so many that people put together the brewery version of a pub crawl.

It was a period where beer snobbery ruled the day and it was not uncommon to hear bar patrons discuss the makeup of the beer the beer they were drinking. This boom period always seemed destined for failure, or at least a retraction as many markets seemed to have more craft breweries than they could support.

Related: Fast-food chain closes more stores after Chapter 11 bankruptcy

The pandemic, however, hastened that downfall. Many of these local and regional craft breweries counted on in-person sales to drive their business. 

And while many had local and regional distribution, selling through a third party comes with much lower margins. Direct sales drove their business and the pandemic forced many breweries to shut down their taprooms during the period where social distancing rules were in effect.

During those months the breweries still had rent and employees to pay while little money was coming in. That led to a number of popular beermakers including San Francisco's nationally-known Anchor Brewing as well as many regional favorites including Chicago’s Metropolitan Brewing, New Jersey’s Flying Fish, Denver’s Joyride Brewing, Tampa’s Zydeco Brew Werks, and Cleveland’s Terrestrial Brewing filing bankruptcy.

Some of these brands hope to survive, but others, including Anchor Brewing, fell into Chapter 7 liquidation. Now, another domino has fallen as a popular regional brewery has filed for Chapter 11 bankruptcy protection.

Overall beer sales have fallen.

Image source: Shutterstock

Covid is not the only reason for brewery bankruptcies

While covid deserves some of the blame for brewery failures, it's not the only reason why so many have filed for bankruptcy protection. Overall beer sales have fallen driven by younger people embracing non-alcoholic cocktails, and the rise in popularity of non-beer alcoholic offerings,

Beer sales have fallen to their lowest levels since 1999 and some industry analysts

"Sales declined by more than 5% in the first nine months of the year, dragged down not only by the backlash and boycotts against Anheuser-Busch-owned Bud Light but the changing habits of younger drinkers," according to data from Beer Marketer’s Insights published by the New York Post.

Bud Light parent Anheuser Busch InBev (BUD) faced massive boycotts after it partnered with transgender social media influencer Dylan Mulvaney. It was a very small partnership but it led to a right-wing backlash spurred on by Kid Rock, who posted a video on social media where he chastised the company before shooting up cases of Bud Light with an automatic weapon.

Another brewery files Chapter 11 bankruptcy

Gizmo Brew Works, which does business under the name Roth Brewing Company LLC, filed for Chapter 11 bankruptcy protection on March 8. In its filing, the company checked the box that indicates that its debts are less than $7.5 million and it chooses to proceed under Subchapter V of Chapter 11. 

"Both small business and subchapter V cases are treated differently than a traditional chapter 11 case primarily due to accelerated deadlines and the speed with which the plan is confirmed," USCourts.gov explained. 

Roth Brewing/Gizmo Brew Works shared that it has 50-99 creditors and assets $100,000 and $500,000. The filing noted that the company does expect to have funds available for unsecured creditors. 

The popular brewery operates three taprooms and sells its beer to go at those locations.

"Join us at Gizmo Brew Works Craft Brewery and Taprooms located in Raleigh, Durham, and Chapel Hill, North Carolina. Find us for entertainment, live music, food trucks, beer specials, and most importantly, great-tasting craft beer by Gizmo Brew Works," the company shared on its website.

The company estimates that it has between $1 and $10 million in liabilities (a broad range as the bankruptcy form does not provide a space to be more specific).

Gizmo Brew Works/Roth Brewing did not share a reorganization or funding plan in its bankruptcy filing. An email request for comment sent through the company's contact page was not immediately returned.

 

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Government

Walmart joins Costco in sharing key pricing news

The massive retailers have both shared information that some retailers keep very close to the vest.

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As we head toward a presidential election, the presumed candidates for both parties will look for issues that rally undecided voters. 

The economy will be a key issue, with Democrats pointing to job creation and lowering prices while Republicans will cite the layoffs at Big Tech companies, high housing prices, and of course, sticky inflation.

The covid pandemic created a perfect storm for inflation and higher prices. It became harder to get many items because people getting sick slowed down, or even stopped, production at some factories.

Related: Popular mall retailer shuts down abruptly after bankruptcy filing

It was also a period where demand increased while shipping, trucking and delivery systems were all strained or thrown out of whack. The combination led to product shortages and higher prices.

You might have gone to the grocery store and not been able to buy your favorite paper towel brand or find toilet paper at all. That happened partly because of the supply chain and partly due to increased demand, but at the end of the day, it led to higher prices, which some consumers blamed on President Joe Biden's administration.

Biden, of course, was blamed for the price increases, but as inflation has dropped and grocery prices have fallen, few companies have been up front about it. That's probably not a political choice in most cases. Instead, some companies have chosen to lower prices more slowly than they raised them.

However, two major retailers, Walmart (WMT) and Costco, have been very honest about inflation. Walmart Chief Executive Doug McMillon's most recent comments validate what Biden's administration has been saying about the state of the economy. And they contrast with the economic picture being painted by Republicans who support their presumptive nominee, Donald Trump.

Walmart has seen inflation drop in many key areas.

Image source: Joe Raedle/Getty Images

Walmart sees lower prices

McMillon does not talk about lower prices to make a political statement. He's communicating with customers and potential customers through the analysts who cover the company's quarterly-earnings calls.

During Walmart's fiscal-fourth-quarter-earnings call, McMillon was clear that prices are going down.

"I'm excited about the omnichannel net promoter score trends the team is driving. Across countries, we continue to see a customer that's resilient but looking for value. As always, we're working hard to deliver that for them, including through our rollbacks on food pricing in Walmart U.S. Those were up significantly in Q4 versus last year, following a big increase in Q3," he said.

He was specific about where the chain has seen prices go down.

"Our general merchandise prices are lower than a year ago and even two years ago in some categories, which means our customers are finding value in areas like apparel and hard lines," he said. "In food, prices are lower than a year ago in places like eggs, apples, and deli snacks, but higher in other places like asparagus and blackberries."

McMillon said that in other areas prices were still up but have been falling.

"Dry grocery and consumables categories like paper goods and cleaning supplies are up mid-single digits versus last year and high teens versus two years ago. Private-brand penetration is up in many of the countries where we operate, including the United States," he said.

Costco sees almost no inflation impact

McMillon avoided the word inflation in his comments. Costco  (COST)  Chief Financial Officer Richard Galanti, who steps down on March 15, has been very transparent on the topic.

The CFO commented on inflation during his company's fiscal-first-quarter-earnings call.

"Most recently, in the last fourth-quarter discussion, we had estimated that year-over-year inflation was in the 1% to 2% range. Our estimate for the quarter just ended, that inflation was in the 0% to 1% range," he said.

Galanti made clear that inflation (and even deflation) varied by category.

"A bigger deflation in some big and bulky items like furniture sets due to lower freight costs year over year, as well as on things like domestics, bulky lower-priced items, again, where the freight cost is significant. Some deflationary items were as much as 20% to 30% and, again, mostly freight-related," he added.

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Government

Walmart has really good news for shoppers (and Joe Biden)

The giant retailer joins Costco in making a statement that has political overtones, even if that’s not the intent.

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As we head toward a presidential election, the presumed candidates for both parties will look for issues that rally undecided voters. 

The economy will be a key issue, with Democrats pointing to job creation and lowering prices while Republicans will cite the layoffs at Big Tech companies, high housing prices, and of course, sticky inflation.

The covid pandemic created a perfect storm for inflation and higher prices. It became harder to get many items because people getting sick slowed down, or even stopped, production at some factories.

Related: Popular mall retailer shuts down abruptly after bankruptcy filing

It was also a period where demand increased while shipping, trucking and delivery systems were all strained or thrown out of whack. The combination led to product shortages and higher prices.

You might have gone to the grocery store and not been able to buy your favorite paper towel brand or find toilet paper at all. That happened partly because of the supply chain and partly due to increased demand, but at the end of the day, it led to higher prices, which some consumers blamed on President Joe Biden's administration.

Biden, of course, was blamed for the price increases, but as inflation has dropped and grocery prices have fallen, few companies have been up front about it. That's probably not a political choice in most cases. Instead, some companies have chosen to lower prices more slowly than they raised them.

However, two major retailers, Walmart (WMT) and Costco, have been very honest about inflation. Walmart Chief Executive Doug McMillon's most recent comments validate what Biden's administration has been saying about the state of the economy. And they contrast with the economic picture being painted by Republicans who support their presumptive nominee, Donald Trump.

Walmart has seen inflation drop in many key areas.

Image source: Joe Raedle/Getty Images

Walmart sees lower prices

McMillon does not talk about lower prices to make a political statement. He's communicating with customers and potential customers through the analysts who cover the company's quarterly-earnings calls.

During Walmart's fiscal-fourth-quarter-earnings call, McMillon was clear that prices are going down.

"I'm excited about the omnichannel net promoter score trends the team is driving. Across countries, we continue to see a customer that's resilient but looking for value. As always, we're working hard to deliver that for them, including through our rollbacks on food pricing in Walmart U.S. Those were up significantly in Q4 versus last year, following a big increase in Q3," he said.

He was specific about where the chain has seen prices go down.

"Our general merchandise prices are lower than a year ago and even two years ago in some categories, which means our customers are finding value in areas like apparel and hard lines," he said. "In food, prices are lower than a year ago in places like eggs, apples, and deli snacks, but higher in other places like asparagus and blackberries."

McMillon said that in other areas prices were still up but have been falling.

"Dry grocery and consumables categories like paper goods and cleaning supplies are up mid-single digits versus last year and high teens versus two years ago. Private-brand penetration is up in many of the countries where we operate, including the United States," he said.

Costco sees almost no inflation impact

McMillon avoided the word inflation in his comments. Costco  (COST)  Chief Financial Officer Richard Galanti, who steps down on March 15, has been very transparent on the topic.

The CFO commented on inflation during his company's fiscal-first-quarter-earnings call.

"Most recently, in the last fourth-quarter discussion, we had estimated that year-over-year inflation was in the 1% to 2% range. Our estimate for the quarter just ended, that inflation was in the 0% to 1% range," he said.

Galanti made clear that inflation (and even deflation) varied by category.

"A bigger deflation in some big and bulky items like furniture sets due to lower freight costs year over year, as well as on things like domestics, bulky lower-priced items, again, where the freight cost is significant. Some deflationary items were as much as 20% to 30% and, again, mostly freight-related," he added.

Read More

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