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Location, Location, Location: Be Careful Where You Start A Legal War

By Charles H. Camp and Kiran Nasir Gore

An effective dispute resolution strategy is dependent on thoughtful analysis of all choices and consideration of their possible outcomes. This article draws on an important lesson-learning decision issued by the Supreme Court of the United States in June 2020 and offers insights on how the location one chooses to commence a lawsuit against a nonsignatory to a contract with an arbitration clause can have serious tactical and legal implications for all parties involved. It concludes that, before a party decides to declare legal war against another party in circumstances where an arbitration clause has even the remotest chance of being applicable, it must consider every conceivable avenue that the opposing party could use to require the dispute to be resolved through arbitration. This includes consideration of the applicability of legal doctrines existing in the place of any lawsuit to compel or avoid arbitration, which may vary vastly across legal jurisdictions.

 

INTRODUCTION

Sophisticated parties understand that where one chooses to commence an international arbitration is critical because the local laws of the place of the arbitration control numerous aspects of the arbitration. This includes whether courts or arbitrators determine arbitrability, the type of relief obtainable in the arbitration, such as punitive or treble damages, and whether and to what extent arbitral awards may be revisited and/or reconsidered by local courts.

Likewise, virtually everyone knows that where one chooses to commence a lawsuit is critical because local laws and procedures control all aspects of the lawsuit.

What sometimes is overlooked, however, is the importance of choosing a location to commence a lawsuit against a party where there is a contract with an arbitration clause that may be relevant to the dispute, thereby requiring arbitration in a foreign jurisdiction. This consideration is made more complex when that foreign jurisdiction is guided by substantive and procedural laws vastly different from the location of the lawsuit. A recent case demonstrates that this is important even where the adversary party is a “nonsignatory” to that contract.[i] 

Outokumpu Stainless USA, LLC (“Outokumpu”), an Alabama-based corporated commenced a laesuit in the Southern District of Alabama against GE Energy Power Conversion France SAS, Corp. (“GE France”), a French corporation and subcontractor to Outokumpu’s counter-party “Seller” on a major steel manufacturing plant construction project in Alabama.

We provide a brief overview of Outokumpu’s legal approach and the resulting recent decision of the Supreme Court of the United States (“Supreme Court”). We then distill relevant lessons for future litigants on their choice on where to file a lawsuit, whether they are involved in litigation, arbitration, or circumstances where both may come into play.


LESSONS FROM OUTOKUMPU’S STRATEGIC CHOICES

Arbitration generally is based on the consent of the parties to the arbitration agreement. If a person has not consented to arbitration  then that person may avoid being required to arbitrate.

Under the construction contract between Outokumpu and “Seller” (the “Contract”), all “disputes arising between both parties in connection with or in the performances of the Contract” were required to be resolved through International Chamber of Commerce arbitration in Dusseldorf, Germany applying the “substantive law of Federal Republic of Germany.” Importantly, the Contract states that, “When Seller is mentioned it shall be understood as Sub-contractors included, except if expressly stated otherwise.” Such language, however, does not make GE France an actual signatory to the Contract.

The Contract’s language can be contrasted from Professor Christopher R. Drahozal’s explanation in the Cambridge Compendium on International Commercial and Investment Arbitration (forthcoming) of how a party may manifest consent to arbitrate:

Arbitration generally is based on the consent of the parties to the arbitration agreement. If a person has not consented to arbitration – i.e., is not a party to the arbitration agreement – then that person cannot be required to arbitrate. Conversely, if a person has consented to arbitration – i.e., is a party to the arbitration agreement – then that person may avoid being required to arbitrate. As Gary Born states, ‘[i]n the vast majority of cases, the way to determine the parties to the arbitration clause is simply to look at the signature page, and/or the recitals of a contract, and see what entities are designated there.’ (internal citations omitted.)[ii]

Somewhat oddly, the Complaint filed in Alabama by Outokumpu did not assert any breach of contract claims against GE France, a sub-contractor “Seller” under the Contract, but rather only asserted various tort claims, including negligence and breach of warranty, under Alabama law. This is telling of Outokumpu’s litigation strategy: it hoped to avoid invocation of the arbitration clause in the Contract it had signed. Outokumpu only cherry-picked non – breach of contract claims for its lawsuit, which suggests that it was fully aware of, and wished to avoid, the arbitration clause in the Contract requiring arbitration in Germany under German law. Outokumpu hoped to have the benefit and comfort of resolving the dispute where it was at home in Alabama, rather than in a foreign jurisdiction that might provide a less friendly environment and less favorable procedural and substantive law.

Unfortunately, however, Outokumpu will not be able to avoid arbitration in Germany. On June 1, 2020, the Supreme Court in GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC[iii] (“GE France v. Outokumpu”) issued an important, lesson-learning decision determining that nonsignatory GE France can compel Outokumpu to arbitrate its disputes because Alabama equitable estoppel doctrines permit the enforcement of arbitration agreements by nonsignatories.

Importantly, the Supreme Court held that Alabama’s equitable estoppel doctrines do not conflict with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) applicable under Chapter 2 of the United States Federal Arbitration Act (the “FAA”) to arbitration between U.S. and foreign parties.[iv] This decision aligns with prior understandings of the interaction of the New York Convention and the FAA:

In the United States (U.S.), parties seeking to . . . enforce their international arbitration agreements must rely chiefly on the Federal Arbitration Act (the “FAA”).  Chapter Two of the FAA implements the U.N. Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“the Convention”) and provides the principal statutory authority for U.S. courts to grant measures in aid of international arbitration. In addition, the remedies available under Chapter One of the FAA – the “domestic” federal arbitration law – are also available in international cases as long as they do not conflict with the Convention.[v]

Further, as the Supreme Court noted in GE France v. Outokumpu:

The ‘traditional principles of state law’ that apply under [FAA] Chapter 1 include doctrines that authorize the enforcement of a contract by a nonsignatory. . . .  For example, we have recognized that arbitration agreements may be enforced by nonsignatories through “’assumption, piercing the corporate veil, alter ego, incorporation by reference, third-party beneficiary theories, waiver and estoppel’”. . . (quoting 21 R. Lord, Williston on Contracts Section 57:19, p. 183 (4th ed. 2001)). . . .  [W]e have recognized that Chapter 1 of the FAA permits a nonsignatory to rely on state-law equitable estoppel doctrines to enforce an arbitration agreement.

In determining that Alabama’s equitable estoppel doctrines did not conflict with the New York Convention, the Supreme Court examined the precise wording of the Convention:

Only one Article of the Convention addresses arbitration agreements – Article II – and only one provision of Article II addresses the enforcement of those agreements – Article II(3). . . .  The provision, however, does not restrict contracting states from applying domestic law to refer parties to arbitration in other circumstances [where a party is not a signatory to an arbitration agreement]. . . .   Thus, nothing in the text of the Convention ‘conflict[s] with’ the application of domestic equitable estoppel doctrines permitted under Chapter 1 of the FAA.

If Outokumpu had not sued GE France in Alabama, GE France could not have argued that, under Alabama equitable estoppel doctrines, it had a right to compel Outokumpu to arbitrate their disputes in Germany under German law, thus removing the applicability of Alabama’s tort laws to the dispute. Outokumpu’s desire to have the benefit of a hometown advantage and plaintiff-friendly Alabama courts was trumped by Alabama’s equitable estoppel doctrines, which the Supreme Court held did not conflict with the New York Convention.

If Outokumpu had chosen to sue GE France in a location adhering to strict doctrines only permitting arbitration between parties who are actual signatories to an arbitration clause – and where equitable estoppel is not recognized – Outokumpu would have had a better chance to avoid arbitration in Germany under German law, and could have resolved the dispute in court, albeit not an Alabama court, rather than through arbitration.

 

CONCLUSION

Where prospective litigants must decide whether and where to file a lawsuit, as opposed to demanding arbitration, every consideration should be given to the fact that the United States does not have any treaties with any other countries providing for reciprocal enforcement of judgments.

Before a party – especially a signatory to a contract containing an arbitration clause – decides to declare legal war against another party in circumstances where an arbitration clause has even the remotest chance of being applicable, it must consider every conceivable avenue that the opposing party could use to require the dispute to be resolved through arbitration. This includes consideration of the applicability of legal doctrines existing in the place of any lawsuit to compel or avoid arbitration, which may vary vastly across legal jurisdictions.

Importantly, all considerations described above apply with equal force where a party to an arbitration clause seeks to compel arbitration by a party that is a nonsignatory to a contract related to (i.e., “intertwined” with) the dispute. The biggest takeaway from the Outokumpu saga is that, where there is any likelihood that the nonsignatory will oppose arbitration, the signatory must consider the applicability of state law doctrines, such as equitable estoppel, that could be employed to compel arbitration against the nonsignatory.

Where prospective litigants must decide whether and where to file a lawsuit, as opposed to demanding arbitration, every consideration should be given to the fact that the United States does not have any treaties with any other countries providing for reciprocal enforcement of judgments. However, the United States is a party to the New York Convention and an arbitral award would be widely enforceable in the 164 other countries that are party to it, including in France (where GE France is based). Litigants should also fully consider the implications of the Supreme Court’s GE France v. Outokumpu decision determining that U.S. local equitable estoppel doctrines do not conflict with the New York Convention and, thus, are fully available in the United States to force arbitration by or against nonsignatories to an arbitration agreement.

About the Authors

Charles H. Camp is an international lawyer with over thirty years of experience representing foreign and domestic clients in international litigation, arbitration, negotiation, and international debt recovery. In 2001, Mr. Camp opened the Law Offices of Charles H. Camp, P.C. in Washington, D.C. to focus on effective, personalized representation in complex, international matters. Mr. Camp teaches international negotiations at the George Washington University Law School.

Kiran Nasir Gore is Counsel at the Law Offices of Charles H. Camp, P.C.  Her expertise is in international dispute resolution, including advocacy before U.S. courts, commercial and investment arbitration tribunals, and investigative authorities. She also draws on her professional experiences as an educator at the George Washington University Law School and New York University’s Global Study Center in Washington, D.C.

References
[i] William W. Park, Arbitration of International Business Disputes 300 (2d ed. 2012) (“The term ‘non-signatory’ remains useful for what might be called ‘less-than-obvious’ parties to an arbitration clause: individuals and entities that never put pen to paper, but still should be part of the arbitration under the circumstances of the relevant business relationship.”); Stavros L. Brekoulakis, Third Parties in International Commercial Arbitration 2 & n.3 (2010) (concluding that “the term ‘non-signatory’ is appropriate to describe” “parties that have failed to sign an arbitration clause, but are otherwise bound by it,” although noting that the term is “[u]sually preferred by common law scholars and lawyers”).
[ii] Christopher R. Drahozal, “Parties and Affected Others: Signatories and Nonsignatories to International Arbitration Agreements,” in Cambridge Compendium on International Commercial and Investment Arbitration (Cambridge University Press, forthcoming), at p. 2, available at:  https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3125546.
[iii] Slip Op. No. 18–1048 (June 1, 2020).
[iv] As Professor Drahozal notes, supra at p. 3, “The US Federal Arbitration Act (FAA) authorizes ‘[a] party aggrieved by the alleged failure, neglect, or refusal of another to arbitrate under a written agreement for arbitration’ to seek to have a federal court compel arbitration, and permits ‘one of the parties’ to a written arbitration agreement to seek to stay a federal court action pending arbitration.  Again, the statute does not define the term ‘party.’” (internal citations omitted).
[v] Steven L. Smith, Marcus Quintanilla, et al., ‘Chapter 9: Enforcing Agreements to Arbitrate’, in Laurence Shore, Tai-Heng Cheng , et al. (eds), International Arbitration in the United States, (Kluwer Law International, 2017) pp. 189 – 208 (emphasis added).

Can You Cut Costs When Investing in a New Truck?

Think that grabbing a new truck is going to cost you a lot of money? While it can do, there is also no reason why you can’t pick up a truck for less than you originally thought. Here are some of the ways you can cut costs when trying to invest in a new truck.

Buy Second-hand

Just because the truck is new to you does not mean that it has to be completely new. One of the best ways to pick up a truck at a discount is to buy it second-hand.

There are a multitude of dealerships and websites where you can browse genuine listings to find something that works for you. You could even pick up a model that is just a few years old, or you could try to grab something a little more vintage. Either way, there is always a method for you to track down your preferred style of truck without paying the full price of the brand-new model. This can still get you the vehicle you need without having to ay a cost that you might not be able to afford.

Shop Around for Insurance

You need to make sure that the truck is fully insured before you take it out on the road – that is a fact that cannot be ignored. However, when shopping for truck insurance, you should make sure to find the cheapest policy you can that still offers the level of coverage you need.

There are so many policies out there that are much cheaper than the sort you might find initially. Springing for the first policy you find just means that you are not going to always get the best possible deal. For example, the first policy might not offer the level of coverage you are searching for. The more research you can do, the more chance you have of finding a policy that is both a good price, and capable of covering you fully.

Drop the Extras

If you decide to buy a new truck, you will discover that there are several tiers to the purchase that you could opt for. The cheapest of these will be just the basic vehicle, without any extras. If you are searching for the most cost-effective version of a vehicle, this could be it.

Popular extras nowadays often include things like heated seats and some sort of satnav function. Heated seats are a true luxury, and you can get around a lack of built-in satnav with your phone and the correct dashboard mount for it. By deciding to do away with the extras that you might not necessarily need, you will find that the price drops quite significantly. Speak to the salesman handling your transaction and see what deal you could construct. This could get you the vehicle you need without adding in the extra costs that can come with buying new.

Look for Fuel Economy

Trucks are not always the best for fuel economy, which means that you could end up filling up the tank more often than you would like if you choose the wrong truck. Even if you have to spend a lot of hours in your truck for your job, you don’t want to spend a lot of time and money filling up the tank repeatedly.

When doing your research for the type of truck you would like to get, you should definitely think about investing in one with good fuel economy. This is something that is easy to research, and should be high on your list of requirements when searching for a cost-effective truck.

Travel for the Truck

Did you know that it might be more cost-effective for you to travel to pick up your truck? Prices can fluctuate wildly depending on where you are in the country – especially if you are buying through a third-party seller and not directly from the truck’s makers themselves.

Try to work out if it would be cheaper for you to drive somewhere else to pick up the truck and take it back to your home. When factoring in both the cost of the truck and the price of fuel, it might be a better deal overall for you to travel and buy elsewhere. What’s more, you can get a feel for your truck on the drive home, and can really get used to the little quirks that come with that specific machine.

Though purchasing a truck can initially seem like a massive investment, it can also be much cheaper than you might think. If you need to cut costs when trying to find a truck to make it a more affordable purchase, there are definitely ways you can do so. Research will be your best friend here so always try to make sure you have a perfect understanding of the market, and the trucks you could invest in!

Launch Your Business Online in Five Easy Steps

Launching a new business online may seem easy, but it’s only easy if you cut corners and don’t do the due diligence that your new business deserves. It can be very cost-effective and fast to start a business online, yes technically, but that doesn’t account for the competition you will face.

Unless your business or blog idea is incredibly niche, you will have thousands upon thousands of competitors around the world. Of those competitors, there will be those with a better website and more established presence than yours.

You need to do all you can to make your business stand out, so follow these five easy steps to launch with confidence:

Check Out the Competitors

You need to know what your competitors are doing right, and what they are doing wrong so that you can learn from them. Be creative in your approach, as well. Read up on blog posts and news articles and also go through competitor sites and make a note of what features you like and would work well for your brand.

Understand Your Customers

If you want to set up a successful online brand, then you need to be able to speak to your customers indirectly. To do this, you need to understand innately who your customers are, what they want, and what they need. By positioning your brand to suit their economic status and desires, you can automatically improve your chances of succeeding as a business.

Price point, marketing point, and values all matter, so make sure yours match your ideal customer.

Brush Up on Design Trends

Finally, brush up on what design and marketing trends are going on right now. You don’t want just to copy but try to adapt them for your own personal use. This is the best way to take inspiration from trends while still standing out from the crowd.

Hire a Web Design Company

A digital agency is your best friend when it comes to launching with confidence. Not only can they handle strategizing problems you may face with your branding or marketing, but they can also help you design your website and apps. There is no better way to launch than with a professional team behind you because it will immediately make users trust your brand more and you’ll stand out from at least 80% of your competitors in the process.

Launch and Grow

With your website finally up and ready, you will want to begin the launch process. Start social sites, collaborate with others, and remember to authentic communication when talking to others online. By being incredibly social, you can open up interesting business opportunities and entice new customers to your brand where you can then build trust and notoriety online.

It is a lot of work. Of that, there is no doubt, but hard work, in this case, will end up pulling off if one day you can take your online business on full time and make a very successful career out of it.

How to Lead Innovation in Your Business

Innovation is integral to every company, as this is what drives you forward and allows you to remain ahead of the competition. To make sure that you do not fall behind your competition and that you are constantly able to refresh the face of your business with new ideas and technology, here are some of the top ways that you can lead innovative change within your business.

· Conduct Data Analysis

Before you begin to take the steps that you need toward innovation, you should recognize the gaps and weaknesses of your business. This will help you to see clearly what parts of the business you need to innovate and how you can do this. In order to isolate the old-fashioned or inefficient areas of your company, you should conduct data analysis. You can do this by downloading the right software. For instance, Aceyus provides call center analytics for your business, which can help you to check whether your customers are getting the best experience and to understand where your brand needs to improve.

· Promote Creativity and Idea Sharing

Even if you are a thought leader in the world of technology and innovation, the best thing that you can do in order to make innovation a priority is to promote creativity and idea-sharing within your team. If you have the right recruitment processes, your team will be made up of an assortment of experts with different areas of specialist knowledge and new ideas that no one else may have thought of. By ensuring that your workplace has a culture of collaboration, you will be able to find innovative new ways of solving many of the major problems that your business faces.

However, idea sharing and collaboration do not only work one way, and to make sure that this method of innovation leadership runs successfully, you need to share your ideas with your team. Then, your ideas can be discussed, built upon, and put into action in an effective manner.

·  Constantly Upgrade Tech

To make sure that you are a step ahead of the other businesses within your sector, you should consider constantly upgrading your technology and making sure that you have the best. Not only will this allow you to provide a cutting edge service to customers, but it can also allow you to have the tools you need to innovate your company in a variety of different ways.

·  Research The Market

Although you might believe that knowing about the latest technology leads you to follow the action rather than drive it, this is not the case. Instead, having a good grounding in the innovation that is happening throughout your market can allow you to get ideas and ensure that your company is operating to the same standards as others. This isn’t the only benefit of doing this. By conducting market research, you may also be able to find out about new tech that you can adapt or repurpose to work with the needs of your company.

How to Localize Your E-Commerce Website Easily

The major reason why both large companies and small developers put off localization of the website is that they find it too challenging and time-consuming. While it is true to an extent in terms of time that it takes, localizing your e-commerce website is not as hard as it seems. Since it is not a typical translation per se, it is necessary to discuss your requirements and collect all the necessary information in advance.

Once you pass this stage, the next steps will not take long because a team of experts will compile precise parts of original content with all the necessary linguistic and socio-cultural adjustments. Depending on a country and a language of choice, localization may take longer if you plan to address international business ethics in greater detail or provide information that will make sense only for Arabic or Asian customers. In either case, localization of your commercial website can be made easier if you start with a good plan and discuss every work aspect with a chosen specialist.

 

How to Localize Your E-Commerce Website Easily in 5 Quick Steps

  • Discuss the schedule and requirements with the GUI designer, translation expert, code writer, and marketing specialist. The most important part of making any localization faster and easier is discussing the list of things that you want to receive as a result. For example, if you plan to work with the Japanese market, discuss your knowledge about the country and let a localization specialist (a native speaker) offer several recommendations and tell you about what can be done in your case. Once the specialist understands your website’s purpose and commercial targets, localization becomes a breeze.
  • Address cultural aspects of localization by implementing country-specific terms and inspiring campaigns. Your foreign language website should not be a copy of your original content, which is why localization must be done according to what keeps happening in a target country. It is even more relevant for the e-commerce field where you must create influential campaigns and various call-to-action blocks. Be it a cultural point or a top trend that you want to follow, take your time to include it during localization because it will always pay off as you start with the website promotion.
  • Provide accurate translations of the official documents to attract investors and receive more press coverage. Once you are ready to expand your business upon an international marketplace, it is crucial to include information about your company and cooperation agreements for potential investors. Since these are documents that represent a legal power, you must seek certified translation services online providers to ensure that you provide a high-quality, precise interpretation of your business vision and marketing specifics. Even though you are dealing with a foreign land, some legislative aspects of your native country still remain the same, which must be always considered.
  • Double-check numbers, personal names, and brand-specific elements.  Since the phone numbers, bank account information, geographical locations, and personal names are not a part of any translation memory libraries, it is best to check this information twice. This will greatly speed-up the localization process and will help you to avoid revisions and small corrections that always take time. 
  • Check the final result in the presence of several specialists and analyze included SEO keywords. Once every translation work has been done and you are ready to look through the foreign language section of your website, it is recommended to let several experts from your company see it, including the graphic designer and programmer to ensure that every part of your website works well. Additionally, complete your first translation courses to provide the list of localized SEO keywords, so you can pass them on to your IT specialist in the future for analytical purposes. It will help to track down the results and contact the same translation service in the future.

 

How Can I Keep My Website Localization Active?

In addition to constant search engine optimization tools, it is necessary to include various social media elements into your website. It will help you to keep the content updated and add some interaction to your business. Ask the localization specialist to add graphic elements or include direct posts from your social media wall. Remember that you can request short and urgent translations when you are ready to post new information as every single message that you create must be accurate and translated by an expert. Even though most companies turn to automatic translations, it only ends up in funny memes and the list of customers that seek for original sources.

About the Author

As a former interpreter and a content writer, Mark knows how to combine technology advancements, education, and small business tricks to achieve professional and commercial success. His explorations are like a gateway to new ideas and inspiration. Read on to let the new opportunities unfold.

How to Earn More as a Freelance Translator

Most people who have studied the freelance translation market have wondered about why some freelancers earn more and what are the secret tricks that help to position one’s services differently. In truth, many factors come into play because there is no universal formula that will instantly help the freelance translator to earn more. Of course, the most important is to advertise yourself with due confidence and make it clear from the start that your services stand out. Since an average freelancer will have to compete for an appealing task, there is little time left for the other things. Nevertheless, when you address some of the aspects described below right, you will be the one that the clients will seek after, which is the major difference in earning more.

 

How to Earn More as a Freelance Translator

  • Translate your resume in more than one language. The majority of specialists that work in the field of freelance cooperate with the various online platforms that are mostly English-only. Now let us think about a person who provides Japanese or Arabic translations. An obvious choice would be to post your resume or a list of services on some websites in Tokyo or Dubai. As a rule, most of them will not let you write in English, therefore, providing a translated CV will place you head and shoulders above the others. It will also help the international companies to notice you and see the seriousness of your intentions.
  • Join various translation courses to earn relevant certification. A primary reason why some freelance translators earn more is the presence of language school certificates or degrees that allow them to handle technical writing or work with legal documents. As a rule, the price always increases since such translators are always in demand. If you are only starting, take time to check the translation courses and see what fits your specialization the most to improve your skills for a certified translation agency. As soon as you include at least one certificate in your resume or a typical ad on a freelance translation website, you can set a much higher price. Be assured, the ratio will be justified as the clients know that they approach a professional.
  • Avoid positioning your service with the low price to page ratio. A frequent mistake of novice freelance translators is starting with the low price orders for the sake of taking as many tasks as they possibly can. Even though it may pay off in the short run, it will eventually bring you more trouble in the future as you will mark yourself as a person whose services do not cost much. Study the pricing market, justify your translation services, and set the price according to the time, certification, language pair, and the quality that you are able to provide. As the practice shows, people who need high-quality translations know that it does not come free.
  • Approach a professional translation agency as a freelancer. It is a common misconception among the public that makes people believe that once you work as a freelancer, you have no chance to get hired by a large translation agency. Thankfully, it is quite the opposite because most companies seek freelance assistance, especially for technical writers or localization specialists who can work remotely or in a non-standard schedule. A skilled human translation service provider will always be in-demand because such kind of work always takes time and knowledge to let it be done right and on time. Therefore, consider this option as well if you want to increase your freelance income.
  • Advertise yourself with the help of social media and user feedback. Do not forget about Facebook and Instagram as a way to find new clients and spread the word about your services. Consider turning to social media influencers or participating in various social projects to bring an important message in another language and promote your skills as well. It may not bring you an immediate profit per se but will help to establish your position and let people remember you as a responsible, public personality.

 

The Personal Website or Blog Localization

While it is not the most common occurrence, think about getting your website or a blog localized by professional translators. It will help people from all over the world to find out about your services, read user feedback, and basically let you operate as a small company that offers translation help. Supporting more than five languages with relevant SEO keywords will let you establish a marketing strategy that will help you earn more.

About the Author

Approach Mark to achieve professional success by starting with the business management tips to the ways to let your efforts be recognized. As a skilled content writer, he keeps his posts fun and accessible. Follow Mark to get inspired and try out new ways to help your business succeed.

America’s Current Job ‘Great Depression’

REUTERS/SHANNON STAPLETON
By Jack Rasmus
“Two well-known and highly respected mainstream economists, Carmen Reinhart, a chief economist for the World Bank, and Vincent Reinhart, chief economist for Morgan Stanley bank, have recently published an article in the widely read capitalist source, Foreign Affairs, entitled ‘The Pandemic Depression’. Arguing primarily from a global perspective, the economists have concluded the US economy as of the 3rd quarter 2020 is not merely now experiencing a ‘great recession’ but now qualifies as another Great Depression.

There is another perspective, however, from which to also argue the US economy is in a bona fide Great Depression. It is from the perspective of the US Labor Market. For as of the late 3rd quarter 2020 the US economy suffers from an unemployment rate of no less than 25%–i.e. the same rate during the worst years and quarters of 1932-33, the depths of the 1930s Great Depression. Yet what we hear from the media and politicians of both wings of the Corporate Party of America—aka the Republicans and Democrats—is that unemployment is only 8.4%! That’s barely one-third of 25%.

Republicans and Trump have used the low-balled number of 8.4% as the main excuse to prevent the passage by Congress of any further economic stimulus. The Democrats have voiced no effective rebuttal since they too have accepted the 8.4%. So what is it? 8.4% and not even a great recession any longer? Or 25% and the possibility the ranks of unemployed are about to grow even further?

What follows is a debunking of the 8.4% unemployment rate and a quantitative explanation why that rate is 25%–as well as a statement of the forces that will likely result in an even further deterioration in the unemployment rate in the 2020-21 period ahead.

 

25% & 40 Million Still Unemployed

After the massive job implosion last spring, a weak rebound in jobs has occurred as the economy reopened over the early summer. But that jobs rebound has shown clear signs of faltering by late July and has clearly deteriorated by late August as unemployment claims have risen in recent weeks. Even more ominous, as that has near term condition of jobs has worsened, parallel indications show the emergence of a second, more permanent phase of job loss on the horizon. Since early March 2020, more than 55m workers have filed for, and received, unemployment insurance benefits.

According to official government data, as of the end of August, 29.5 million US workers were still getting benefits. That 29.5m reflects 18.4% workers clearly unemployed. But it’s also a subset of the total jobless, since millions haven’t been able to get benefits. So the actual number of jobless as of labor day 2020 is north of 29.5m and 18.4% Nevertheless, the statistic we hear is 8.4% unemployment rate and 13.4 million unemployed. What gives?

Some of the 55 million who received benefits at some point over the course of the last six months of the pandemic began returning to work starting in May. The number returning grew in June, but then began slowing once again in July and August as the rebound in jobs began to falter in July-August.

Others of the 55 million have simply exhausted their benefits. Many are still unemployed but no longer part of the 29.5 million that remain on benefits.

In addition, millions more workers since March have entered the labor force for the first time but they too have not been eligible to receive benefits due to lack of prior work history as first time job seekers—which precludes them from receiving unemployment benefits. Like those having exhausted their benefits, they too are unemployed but not part of the 29.5m still getting benefits at the end of August.

Joining the ranks of those unemployed but not receiving benefits are the millions who never got benefits because they simply gave up looking for work for various reasons and dropped out of the labor force—which puts them in a category in which, according to US labor department methodology, they aren’t counted as unemployed. They may be out of work, but given the oxymoronic way the US defines unemployed they aren’t considered unemployed for purposes of calculating the unemployment rate!

Finally, there are the additional millions more who never were able to get benefits since March even though they tried, due to various bureaucratic reasons.

Whether having exhausted their benefits, or first time entrants to the labor force not eligible for benefits, or whether they’ve dropped out of the labor force, or were denied benefits for bureaucratic reasons—all these groups are nonetheless part of the unemployed, even though they are not counted among the 29.5m still getting unemployment benefits.

In short, the 55m who got benefits at some point since March, and the 29.5m who are still getting them, are in both cases just a subset of a much larger number of jobless. There are millions more unemployed who never got on the unemployment benefits rolls since March and still not able to get benefits. There’s at least 10-15 million more jobless but without benefits. That means an unemployment rate, at minimum, of 25%–not the 8.4% peddled by the media apologists for Wall St. and the politicians of the Corporate Party of America (aka Trumpublicans and Democrat wings of that party).

Last April 2020 perhaps as much as 50% of the total US labor force of 160 million workers was jobless for approximately two months. As of today, Labor Day 2020, at minimum a fourth, or 25%, still remains so.

That 25% is about the same jobless rate as occurred during the worst years of the 1930s Great Depression, 1932-33!

Here’s why it’s 25% at minimum today, Labor Day, and quite possibly even more

 

Dissecting the Government’s Low-Ball U-3/8.4% Unemployment Rate

Despite an actual 25% unemployment rate (i.e. 40 million still jobless) what we hear from the media and politicians is that the unemployment rate is only 8.4%. And thus the total unemployed is only 13.4 million. (When 8.4% is calculated on the 160 million total US labor force, the number unemployed comes to 13.4 million).

The official government statistic of 8.4% jobless is repeated ad nauseam in the media. It’s then picked up by politicians, commentators, and even progressives who should know better and parroted back to the public. But 8.4% is nonsense. A purposely low-balled, cherry-picked number for public consumption.  Here’s why:

To begin with, the 8.4% is the government’s official U-3 unemployment rate. The problem with U-3, however, is that it represents only full time workers who became unemployed. But there are at least 50 million workers in the US economy who are not ‘full time’, but part time, discouraged and what the government calls the ‘missing labor force’. The government adds these groups to its U-3 and 8.4%. That raises the unemployment rate in August to 14.2%–not 8.4%. And that translates to a total unemployed of 22.7 million—not 13.4 million.

The 14.2%/22.7 million numbers are carefully avoided in media reporting. One almost never hears the 14.2% and virtually always only the 8.4%, regardless that both are official government statistics.

But even that 14.2%/22.7m is grossly under-estimating the total unemployed. Remember that other government statistic, i.e. those receiving unemployment benefits? Workers receiving benefits as of late August was 29.5 million. And that represents a 18.4% jobless rate. Obviously, if a worker is getting benefits, he/she must be unemployed, right? But you’ll hear 29.5 million and 18.4% in the media even less than the 14.2% and 22.7 million.

In the case of the 29.5 million, moreover, we have another example of ‘low-balling’ and cherry-picking a statistic –not unlike cherry-picking the U-3 stat instead of the U-6. The media reports the number of workers getting benefits at only 16 or 17 million, not 29.5 million!

But here’s what they don’t explain when citing only 16-17 million getting benefits: That number accounts only for workers receiving unemployment benefits under the traditional State Unemployment Benefits system. The 16-17 million excludes independent contract workers, gig, freelance, and others getting benefits under the supplemental Pandemic Unemployment Insurance (PUC) program created last March as part of the Cares Act. In other words, there’s two unemployment benefits systems and the media typically chooses to report only the one when indicating workers getting benefits. There’s the traditional State Unemployment Benefits system and the new Supplemental PUC system that for the first time ever has provided benefits for the 50m non-traditional workers who were before March never eligible for benefits but are now and will continue to be eligible at least through December 2020 when that PUC system expires. Once again, it’s media cherry-picking and number low-balling time.

The State system and the PUC system together comprise the 29.5 million workers still getting unemployment benefits. 29.5m receiving benefits is certainly more than 22.7m (U-6) and even more so than 13.4m. It’s not that the government job statistics consciously lie (although in some cases they come quite close). It’s just that the government produces low ball numbers for the media to pick up, which they do and pound away at. And then commentators, politicians, business sources play their role of spreading the low ball numbers and conveniently ignoring other data.

How then did the US economy get to 29.5 million and 18.4%? Here’s the trajectory: In April more than 6 million workers filed for benefits every week for two weeks, followed by 3-5 million more for several more weeks thereafter! The weekly new benefits filing rate declined as the economy began to reopen in May. However, after May new State unemployment benefit claims still averaged 1 to 2 million every week through July; In addition, the number of PUC initial benefit claims per week also exceeded 1 million a week, every week, through July as well.

The combined totals of the two programs—State and PUC— thus never fell below 2 million initial filings a week throughout the period of the reopening of the economy, from May through July. It has also remained a combined more than 1.5m/week throughout August. That’s 6 million new unemployment filing claims—i.e. 6 million newly unemployed—in just the last month of August. Bringing the total on unemployment benefits to the 29.5 million.

But wait! The 29.5m represents only unemployed workers who were able to get benefits. There’s many more workers who became jobless but were unable to successfully get benefits; or who gave up even trying in the first place and simply dropped out of the labor force altogether. Who are they? And how great are their numbers?

Their numbers are well north of even the 29.5 million and 18.4% unemployment rate. The true total jobless includes their numbers plus the 29.5 million.

For the 29.5m receiving benefits as of Labor Day 2020 excludes those jobless who were unable to get benefits in the first place, who filed unsuccessfully for benefits, who got lost in the bureaucratic process of filing and never got benefits, or who just couldn’t figure out how to file and were not helped and gave up. The 29.5m also represents those having exhausted benefits during the last six months. And those who chose not to file even though unemployed. Finally, the 29.5m excludes new entrants to the labor force over the past six months who weren’t eligible for benefits but haven’t been able nonetheless to find work given the collapse of the economy! All these categories of jobless workers represent the unemployed as much as those receiving benefits include the obviously unemployed. So the number of jobless is actually much higher than even 29.5 million. The 29.5m is therefore just a subset of the true total unemployed.

So how many more are jobless but not getting benefits as of Labor Day 2020?

 

Estimating the Actual Jobless—With & Without Benefits

You won’t get an accurate number from the government of the total unemployed who didn’t get benefits but have been, and remain, nonetheless jobless since February 2020.

However, private research surveys do give us an idea. MarketWatch, a business research and media company, published an interesting feature story in Fidelity.com this past week, based on its survey of the Philadephia/Mid-Atlantic region of the economy. That case example survey provides a reasonable estimate of the magnitude of those jobless since March 2020 but not among the 29.5m that succeeded in obtaining unemployment benefits.

Of the total number of workers in the Philadelphia, Mid-Atlantic US region who lost their jobs since February, MarketWatch reports that only 87% actually filed successfully for benefits. And of that 87%, only 65% who bothered to file actually ended up getting benefits. That means only 52%, or roughly half of the unemployed in the Philadelphia area, actually got unemployment benefits. The other 48% were just as much out of work, but without benefits.

If Philadelphia represents a microcosm and relatively accurate sample of the entire US economy labor market, simple extrapolation means that the 55 million who successfully got benefits since March 2020 may represent barely half of the total of those who have been unemployed since March!

That means the 29.5 million still getting benefits may represent barely half of all those still unemployed. There may therefore be between 40 and 50 million workers in America still jobless—those still getting benefits (the 29.5m) and those without benefits (10m to 20m).

Thus, the oft-reported official US numbers of 8.4% unemployment rate and 13.4 million total out of work is dwarfed not only by the government’s own alternative U-6 data, as well as by its own data showing 29.5 million jobless getting benefits, but also by the fact the total jobless without benefits may be nearly as large as those with benefits.

Assuming the low-end estimate of 10 million still jobless but without benefits, and adding that to the government data that shows 29.5 million still on benefits, a total jobless of at least 40 million is the result. And that’s the low end assumption. It may be well over 40 million as of end of August 2020.

40 million is 25% of the labor force. And it’s far greater than the 8.4% and 13.4 million that the media and politicians keep drumming into our ears. What the media and politicians are telling us is only one-third of the total unemployed!

Corroborating this estimate of at least 25% unemployed today is yet another government statistic called the labor force participation rate, or LFPR. It represents workers who have dropped out of the labor force altogether. It’s in addition to the 29.5m and 18.4% rate since, by government guidelines and definitions, those who drop out of the labor force cannot receive benefits.

 

Labor Force Participation Rate Suggests 5.5 Million Dropped Out

The Labor Force Participation Rate (LFPR) is the percent of working age Americans who have left the Labor Force. They are neither working nor actively looking for work. But they are jobless nonetheless and should be considered among the unemployed. The LFPR was 63.4% of the 164.5 million civilian labor force in February 2020. By August the LFPR dropped to 61.7% out of a 160 million labor force. The difference translates into approximately 5.5 million workers who dropped out of the labor force since February 2020. Having dropped out they are not actively looking for work and therefore not considered unemployed by the government for purposes of calculating unemployment rates. Nor are they eligible to receive benefits since, as drop outs, they are not actively looking for work. However they are nevertheless unemployed and their 5.5 million are additional to the 13.4 million U-3 and 22.7 million U-6 unemployed or the 29.5 million getting benefits. They are among the ‘other’ 10-20 million jobless but not counted by the U-3/U-6 or included in those receiving benefits. Their number strongly corroborates that there are many millions more unemployed—not getting benefits or ignored by the government’s official monthly jobless numbers.

Let’s look at the latest of those government monthly employment numbers. Once again what appears is a fudging and manipulation of the numbers in yet other ways as well.

 

August 2020 Government Employment Report

The first thing to know about the August Employment Report is that it isn’t for the month of August. It is only for the first two weeks of the month (and the last two weeks of July). The data cuts off around the 12th of the month. So what we’re looking at in a ‘August’ report is really July 13 to August 12 jobs data—i.e. before unemployment claims began to rise again in late August.

Second, it’s important to understand that the August jobs numbers are not the actual number of jobs created July 13-August 12. It is not the raw data of actual jobs created or lost that’s reported—for August or for any month in the Labor Dept jobs reports.

The government takes the actual raw data and performs various statistical operations on that raw jobs data and reports that adjusted statistic as the actual number of jobs, even though it isn’t. But that’s what all statistics are—an operation and adjustment on the actual raw data. Moreover, the August raw data itself may be over-stated as well, not just altered by the statistical operation(s).

Raw (actual) jobs data comes from several sources: Large businesses report to the government changes in employment, layoffs, hires, etc. (called the Establishment Survey) The government also surveys a sample of households monthly (called the Population Survey). But there’s a third, more questionable source, based on data from the creation and destruction of small businesses, called the (net) New Business Development survey (NBD). That NBD data, however, represents businesses destroyed or created 6 to 9 months before the month in question—i.e. in this case August. So we get six to nine month old data integrated with current data from the Establishment and Population surveys. Mixing such older data with more recent is a questionable statistical practice. It means adding positive net new business development pre-March and Covid, in January-February, to current jobs data. That has the effect of dampening the actual numbers of August jobs unemployment. That is, it adds to and over-estimates the number of jobs created in August. If net business development for July were used—not January/February—it would mean integrating massive small business destruction that has occurred under Covid since March. That would have the opposite effect: it would dampen job creation numbers in August and increase unemployment numbers.

That’s just one example how ‘statistical operations’ on data can serve to exaggerate job growth and under-estimate unemployment.

Another sometimes questionable statistical operation is called the Seasonality adjustment. The seasonality statistical adjustment in August reduced the number of new filings for unemployment benefits in just the last week of August by 130,000. The government then reported a ‘seasonally adjusted’ 881,000 new unemployment claims for the week ending August 29, when the actual number was 1,011,000.

Similarly, in August there were 9,118,000 reported as unemployed in August when the actual data, not seasonally adjusted, for August showed 9,286,000 actually unemployed—i.e. a difference of 168,000. Put another way, there were 168,000 more jobless in actuality than reported as unemployed. 168,000 were artificially reduced from the unemployed ranks due to statistical operations involving just seasonality alone!

The statistical models assume more return to work at the end of summer than, say for instance, at the end of spring. But the point is these models are based on assumptions developed in normal times under normal conditions. Since Covid neither times or conditions are ‘normal’. Yet the government continues to use the same assumptions, models, and statistical operations to change the actual data, the actual number of employed and unemployed, to the statistical representations of the actual numbers!

The latest August official Labor Dept. job data report says 1.37m new jobs were created. This is the statistic. But the actual data, for above reasons, is far fewer new jobs and far more unemployed.

The August Report is biased in yet another way. It purports to show the condition of the US private sector economy. But 238,000 new US census workers were hired in August who’ll be gone by October. Take away the seasonality adjustment of 168,000 jobs and the 238,000 very temporary government Census workers, and the private sector actual job gain in August was roughly 964,000 not 1.37m. Even without the deduction of seasonality, the private job report company, ADP, often cited as a check on government job reports, reported only 428,000 net jobs growth in August—i.e. less than half of the government’s August jobs report.

1.37m new jobs reported, minus the 168,000 seasonal upward adjustment and minus the 238,000 Census workers, and the difference is 964,000 actual net private sector jobs created in August, or about half a million fewer than in July. The job creation monthly is an accelerating downward trend.

Even accepting the government’s own inflated monthly jobs numbers, the rate of monthly job growth has been slowing rapidly since May 2020: In May 3.4 million new jobs were reported as created. In June, as the economy reopened virtually everywhere, 4.7 million new jobs. But in July, as the economic rebound began to fade, only 1.5 million, and now as of August 12, only 1.37m. In short, even questionable statistical operations cannot total cover up the obvious downward trend.

Perhaps a better indicator of this downward trend post-August 12, is the more than 4 million workers who have newly filed for unemployment benefits the last three weeks, and undoubtedly hundreds of thousands more were also newly jobless but who were not able to get benefits or just dropped out of the labor force giving up searching for a job in today’s deeply depressed labor market.

And yet we read and hear from the media and politicians that the job market is healing rapidly and job recovery is accelerating—even as data show it is in fact deteriorating. We hear unemployment is declining fast when in fact it has begun to rise once again.

 

Summing Up Jobs: March Through August 2020

To sum up the bigger true picture of jobless during the first six months of the Covid era:

• 55 million filed for benefits, state and PUC, since last February, out of 160m labor force
• Tens of millions more failed to file or filed unsuccessfully and didn’t get benefits
• 29+ million are still getting benefits as of September Labor Day 2020
• 10-20 million still unemployed but not getting benefits as of Labor Day 2020
• 1.5 million are continuing to file first time for benefits weekly as of early September
• 8.4%/13.4m official U-3 jobless rate is the preferred ‘cherry picked’ media number
• 14.2%/22.7m is government’s alternative data (U-6) yet ignored by media & politicians
• 13.4 or 22.7m still falls far short of the 29.5m/18.4% actually still getting benefits
• At least 5.5m dropped out of labor force the past 6 mo. but not considered unemployed
• The actual unemployment rate is 25% and 40 million are still jobless, at minimum
• Even government monthly stats show a sharp slowing of new jobs added each month
As bad as the picture looks for Phase 1 (March-to Labor Day 2020) of the current crisis, future prospects for jobs for American workers after Labor Day 2020 appear even bleaker.

 

2nd Wave of Restructuring & Permanent Job Loss

The Covid virus did not cause the current economic crisis—i.e. the 2nd Great Recession. It did precipitate and accelerate and deepen that crisis, however. The US economy was weakening steadily throughout 2019, with the important sectors of business investment and manufacturing actually contracting throughout the year. Should the virus therefore disappear overnight, the deep wounds to the US economy will remain. Many of the 40 million furloughed starting in March and still jobless will not soon be recalled to their prior work—if at all. Entire industries like travel, entertainment, food & lodging, and others will not return to the ‘old normal’ of pre-Covid. A new normal will occur, but it will be one based on a much reduced output in various industries and companies and therefore employment.

Many major corporations have already announced thousands—and in some cases tens of thousands—of permanent layoffs that will take effect in the coming months. These layoffs will be permanent. They represent the leading edge of a coming second wave of job loss.

Industries deepest affected by the growing permanent restructuring and downsizing include Airlines, surface transportation, cruise lines, resorts and hotels, casinos, malls and retail services, education services, local food services, and many sectors of manufacturing that support all these industries with products and maintenance services. This is a large swath of the US economy, in both GDP and employment terms. A clearer picture of which industries, and how deeply impacted, will be clearer after September 30 when the government publishes its quarterly industry-specific statistics for the second quarter 2020.

In the meantime, announcements of thousands of planned layoffs are being announced weekly by United, American, and other airlines; by Boeing and other aerospace suppliers; by big box mall-based retail companies like JC Penneys, Kohls, Nieman Marcus and others; Movie Theater chains AMC and Cinemark; oil drilling and fracking companies; hospitals’ non-Covid related services health workers; beverage suppliers to hotels and restaurants like Coca Cola—to mention just those making front business page news in recent weeks. Tech companies are all restructuring despite healthy profits performance, shifting to remote employment on a major scale that reduces employment costs via layoffs. They will require therefore fewer building support and operations employees. Many other businesses may also shift to remote activity, with the result that urban office buildings will become less employment populated and much of the local city support services for the office building sector will dramatically downsize in employment as well.

The Federal Reserve Bank’s latest ‘Beige Book’ summary of the US economy warned that millions of workers temporarily furloughed since March may have been permanently laid off by August and more may become so. This shift of temporary laid off to permanent layoff status is corroborated by a survey that showed 3.4 million workers believe they won’t be recalled because their companies have either permanently closed or said they planned to close.

Added to this leading edge of the next wave of layoffs due to business restructuring and downsizing is the likelihood of millions more public sector state and local government layoffs. More than a million government workers have been already laid off since March. Budget and deficit problems accelerating rapidly for state and local governments due to the Covid pandemic (i.e. more expenses amidst collapsing tax revenues) will result in still more public employee layoffs. It’s been estimated these governments will need between $500 billion and $940 billion in bailout rescue in a new stimulus bill from Congress to avoid the mass layoffs. However, it appears extremely unlikely they’ll get much, if anything, in a next Congressional stimulus bill in 2020. Layoffs are therefore inevitable and in some of the larger states and cities they will be significant and forthcoming before 2020 year end.

Small business failures and permanent closures are already rising significantly. As small businesses close, jobs associated with them will disappear. And the numbers could easily amount in the millions by the end of 2021.

There are roughly 30 million small businesses in the US economy. Millions of those temporarily closed since March will fail to reopen. And the worse may be yet to come. The National Federation of Independent Businesses, an industry trade group for small business, forecasts 21% will likely fail within another six months. That’s one-fifth of the 30 million or about 6 million. Even if a high end estimate, the number is still unprecedented. At the low end is the US Census ‘Business Pulse’ survey that predicts a 5% small business job loss. That’s 1.5 million closures. Whether 6 or 1.5 million, it’s a large number with an even larger number of employees thrown out of work as the businesses close in coming months.

Other forces driving a second wave of layoffs are more difficult to estimate but no less likely. Among them include the Covid related requirement that K-12 schools implement home remote school education services. Many working class households are two-parent wage earners. They lack resources to pay for babysitters or nannies. Those with K-6 year old children in particular will be forced to have one parent quit and stay at home to ensure home schooling. These ‘quits’ will not show up as unemployed, since the parent is ‘out of work’ but not actively ‘looking for work’. They will show up as labor force drop outs. But they will be unemployed nonetheless! It’s uncertain how wide spread the remote K-8 education services will be this fall, or how long it will last. One recent estimate, however, by Brevan Howard Asset Management to its investors, concluded no fewer than 4.3 million US workers could stay home given lack of child care arrangements. A resurgence of Covid may mean millions more may have to quit their jobs and choose unemployment in order to provide their young children education via remote learning.

Another development that for now is difficult to estimate as well is the impact on employment of the lack of a necessary fiscal stimulus for households. The elimination of the $600 supplement pandemic unemployment benefit at the end of July has resulted in a reduction of no less than $65 billion in consumption spending per month starting this past August. Evictions and mortgage foreclosures will also have a negative impact on consumer household spending, which is nearly 70% of the economy and US GDP. Already the loss of the $600 benefit, combined with rising evictions, is having a major effect on consumer confidence which in August began falling again sharply. This could be exacerbated by an inadequate stimulus bill in September. Reduced working class benefits and household incomes will have an impact on consumer demand for products and services in the economy across the board, affecting nearly all sectors of businesses. And as that demand drops, it will almost certainly lead in turn to less consumer spending and in turn to more layoffs.

The preceding five forces—i.e. large corporate restructurings and permanent downsizing, a sharp rise in public sector layoffs, unprecedented business closures, remote schooling requirements of two working parent families, and general demand reduction due to inadequate next stimulus—all translate into a second wave of layoffs now emerging.

These longer term job reduction forces mean the recent tepid rebound in jobs during May-July will likely give way to a relapse in the US labor markets in coming months and a rise in unemployment. The trend may already be appearing as of late August as first time claims for unemployment benefits have begun to rise once again.

And then there are still the ‘known unknowns’ that could exacerbate conditions further: the increasingly likelihood of a historic political crisis surrounding the November 3 elections. That will breed massive uncertainty and potentially an even worse economic crisis and associated layoffs. Or the Covid virus could resurge significantly once again as winter sets in, as many fear will happen. That too will lead to more shutdowns and furloughing of jobs once again. Even further down the road is the 2021 ‘black swan’ event of another financial crisis, as businesses, households, and local governments begin to default on their debts and precipitate another financial crisis similar to 2008-09.

About the Author

jack rasmus web1 3Dr. Jack Rasmus is author of the recently published book, ‘The Scourge of Neoliberalism: US Economic Policy from Reagan to Trump’, Clarity Press, January 2020. He hosts the weekly radio show, Alternative Visions, blogs at jackrasmus.com. His twitter handle is @drjackrasmus and his website: http://kyklosproductions.com.

How to Get An Instant Guaranteed Payday Loans

If you are experiencing a financial crisis or just expecting payday, before your check arrives you might lack money. Some people have a trustworthy close friend or family member who can give them additional funding when they’re short. They can apply for a loan through financial entities for those who do not have family members or friends. It can be exhausting, though, in particular when institutions are complex in terms of loans.

Credit payments and other online resources provide instant access to money, giving you sufficient cash until your wage day to strengthen your financial situation. In specific, guaranteed payday loans offer convenient co-signer financing. The addition of a “guarantor” third party lifts poor credit candidates and enables them to apply for short-term payday credit.

 

Offers Instant financial Assistance

You will need more cash than your paycheck provides when you administer monthly income, pay bills, and perform other payment commitments. Lending companies have a wide range of lending for immediate and short‐term funding requirements. There is a frequent temporary deficit between payday days. Guaranteed loans are among the funds available online for low credit candidates. There are various advantages to the special payday loans, including:

1. Greater application process

A guaranteed loan utilizes the power of good credit to reinforce poor credit for another individual. The guarantee of a payday loan applies to a primary applicant with incorrect credit with a great creditor. The lenders consider both credit history, which results in high acceptance rates in the evaluation of applications for guaranteed loans. Even if loans appear to be harsh, adding a guarantor reduces the risk of lenders by giving your credit green lights.

2. Online Ease 

Payday loans guaranteed come online, so you don’t have to commute to the local bank for the facility. Your loan application is instead sent online, via easy handling. The request for loans generally takes just a few minutes, before the short proposal from your enabled device is submitted.

3. Uninterrupted expenditure

 Whether your automobile needs immediate attention for new tires, or your credit card bills, paid-day credits provide flexible financial solutions. Health emergencies, higher learning, budgets, and household travel are just some of the most popular online guaranteed loan applications.

4. Short Loan buyout duration

Financial emergencies need prompt attention so a lengthy waiting period can not be allowed to wait. Guaranteed payday loans offer timely attractive alternative financing if you need money immediately. In contrast to traditional loans that may take weeks to finance, guaranteed loans offer qualified candidates the same day’s service.

5. Direct deposits

Payday credit proceeds are delivered directly to your bank account for instant access once they are accepted. Direct transfers of loans are guaranteed today to make cash available.

 

Final Thoughts

You can sign up for an instant payday loan when you have little money and have to pay for something. You can rely on the Guaranteed payday loan Loan with guaranteed approval online for instant loans and need some details before they can provide the money you would like to buy. However, you must remember that any money that you borrow should be reimbursed within the period. Make sure you efficiently manage your finances to avoid paying interest and fines.

Living Within Your Retirement Means

One of two things might happen upon your retirement regarding your personal finances. One is that you could discover your weekly or monthly income to be below the amount that you had hoped, and the other is that you will have enough money but will nevertheless wish to streamline your expenses to make the most of your budget. In either scenario, learning how to live within your retirement means is a skill that may take many months to develop and put into meaningful action – overspending at the start of being free from work commitments is a common issue faced by many recently retired people. 

Of course, you may be entitled to more help from a range of benefits than you may imagine. For example, why not look into how to boost your VA disability rating if you’re a veteran. But if you really want to look at ways to increase your income through spending your spare time on money making pursuits, you may need a few ideas in your locker. Let’s look at how you could turn your idle afternoons and wide open weekends into solid cash, because you never know when you might need some extra money to help pay for things like broken down cars and family celebrations like weddings and graduations. 

 

First step: Learning how to look at your money

Money isn’t just money. There are different types of money. There’s money for fun things and there’s money for serious things. Dividing money into different piles can help to make sure you look at money in the right way. 

Expenses could include:

  • Home bills
  • Food expenses 
  • Car or public transport costs 
  • Insurance, credit cards, loans
  • Recreation (which could include vacations)

Once you have a good idea of how your money is being divided and how your time is being spent, you will have a better idea of how much money you need to make and how much time you have available.

 

Choosing the perfect money-earner 

How to make money out of thin air is a subject we all think we know a lot about until it comes down to actually doing it. At that point, all the advice in the world can’t disguise certain start up costs and learning curves. But for the intrepid retirement age entrepreneur, many avenues of money-making potential are available, you just have to know where to find them. 

Let’s take, for example, any particular skill set you have acquired over your lifetime. It doesn’t have to be something too taxing like banking advice or estate planning, it could be something as simple as repairing bicycles or gardening or home decorating. Little tasks like this will always find an audience, because many neighbourhoods these days are referred to as being ‘money rich and time poor’ – that means they are willing to pay handsomely for something else to do the things they haven’t got time to do. 

You could even become a local guide if you live in a tourist hotspot. The trick is to think about a service you can provide without stretching yourself. Paying customers await!

5 Important Tips on Forex Trading for Beginners

Forex market is the largest financial market in the world with over $6.6 Trillion USD daily volume in 2019.

As a beginner forex trader there are some important things that you need to consider before investing in the forex market, which includes market risks, trader safety, risk management etc.

Before jumping into trading a beginner should acquire some essential tools to make their trading successful and profitable. We will cover 5 key tools beginners should get before starting their trading journey.

1. Strong trading platform

If you would like to trade in any market, a strong trading platform is crucial. Trading platforms are a type of software used in investing to execute market positions such as opening or closing positions as well as managing one’s positions. 

2. Trading apps

Another tool a beginner should strongly consider for trading is having a mobile trading app. Having the ability to see the market when you are not on a computer is important, and luckily there are a number of trading apps on the market for both Apple and Android users.

3. Stock Screeners

As a beginner, one may be overwhelmed with the options available for you to trade, and because of that, stock screeners can be a great tool. Stock screeners are a tool investors use to filter or sift through the various stocks depending on the user and criteria they specify.

4. Stock charts

In order to track the patterns and trends of the market, stock charts are created for analytic purposes. These charts are another crucial tool needed by investors to understand stock performance as well as predict performance over time.

5. Idea-generation tools

A final tool for a beginner to have in their toolbox is any platform or service to assist with generating trading ideas. As discussed earlier, there are a number of investment options but it can still be tricky deciding what to choose thus a platform to help your research can be vital. An idea-generating tool can be a subscription-based service or one’s personal methods for doing research (i.e., reading company news, reports written by professional analysts).

Here are the crucial tips to help you get started with forex trading:

1. Only Trade with Top Tier Regulated Forex Brokers 

Trading with the best forex brokers would ensure the security of your funds and protect you from cyber threats and can also provide you with insurance on your funds in case something goes wrong.

Financial regulators ensure that brokers offer fair trading environment to its clients and protect traders from scams and frauds by brokers. Regulated brokers have to maintain transparency of their activity with the regulators, which makes fraudulent activities less likely than in case of an unregulated broker.

Rahul from South African broker comparison website Forex Brokers SA explains that: “To get regulated by a Top-Tier Regulator, a broker has to pass multiple credibility tests, technical assessments and have to surpass the minimum criteria for security of traders. Moreover, the regulators constantly keep an oversight on the activities of the licensed brokers through their reporting mechanism, and reprimands the broker in case of any wrong doing or bad practice.”

There are many different financial regulators across the world with different requirements and security levels for brokers and traders.

These regulators are often divided based on the region they cater like European Regulators which include FCA of UK, CYSEC of Cyprus or by level of their trust as Tier 1 or Tier 2 regulators or Tier 3 regulators. European, US, Australia, Canadian regulators are the most trusted and called Tier 1 regulators. While CySEC is ranked as Tier 2 regulator.

Traders should check the broker’s regulation based on their region or by their Trust Tier Level.

For example Traders in UK should only trade with FCA regulated brokers. Most of the EU countries have their local regulators in different countries, like BaFin is in Germany, CySEC is in Cyprus. European Traders are advised to trade with brokers licensed under EU jurisdiction which is CySEC or BaFin.

Asian traders should trade with ASIC or FCA or CySEC or MAS (Singapore) regulated brokers, if there is no local regulator in your country.

Similarly there are 2 major regulators in Africa i.e.: FSCA in South Africa & CMA for traders in Kenya. For traders in SA or Kenya, trading with brokers under these regulators will give them immediate access to legal & financial jurisdiction, in case of any disputes.

If there is a local capital markets regulator in your country then it is best to trade with brokers that are regulated locally. Moreover, it is a good practice ensure that the broker that you are choosing is licensed by multiple tier-1 and tier-2 regulators like FCA, ASIC, FSCA or CySEC.

2. Educate yourself before Trading 
Forex trading is very risky, especially when done without prior experience or proper knowledge.

Educating yourself about trading is a must to understand the technical & fundamentals of currency & CFD trading. You must also learn to control your emotions while trading. This includes investing a small amount only if you are a new investor, and use that capital to learn trading in the Live market conditions.

Learn about the forex market and its patterns. Seek professional help if needed. You can also go through trading blogs, eBooks and financial market news to gather more information, and learn about trading.

Remember, 60-70% forex traders lose money. Education & experience can help you avoid common mistakes and increase your chances of making an informed trade.

3. Know the Risks of Forex Trading & CFD Instruments 

It is a known industry stat that only around 10-20% of Professional traders make a profit in the long run and around 50-70% traders lose their money, some brokers have higher losing traders than others.

This is because Forex trading is very risky, more so if you don’t know well what you’re doing. And the only way to mitigate that risk is to refrain from entering a bad trade, or losing big on a few trades.

In particular, there are two factors that contribute even more to the risks involved in forex trading:

Risk of High Leverage:

Using leverage is the same as borrowing money from your broker to enter a trade.

Example: Let’s say that you use 1:10 leverage, this means that with $1000 of your capital, you can place a trade 10X bigger i.e. worth $10,000. This would mean that you are trading 1 Mini lot.

If you place a 1 Mini Lot buy order on EURUSD at 1.1000, and the market goes up by 100 pips in your direction to 1.1100, then you would gain $100 from that trade or 10% of your actual capital. But if the trade goes down to 1.0900 i.e. against you by 100 pips, then you would also lose $100 i.e. 10% of your invested capital.

This means that if all goes well, you earn a significant sum by investing just a fraction of the initial capital requirement. But, if the trade doesn’t go as planned, you’ll very likely lose more than you had planned.

So, always use proper risk management with favorable Risk to Reward ratio, and enter a trade based on the potential losses, instead of the probable gains. This can significantly reduce the risk profile of your investments.

Also, avoid entering a trade where potential losses exceed 3% of your capital, at least until you become experienced.

High Volatility & Unpredictable market movements:

The slightest of political, social, economic or natural disturbances within a country can change the value of its currency.

The value of a currency also depends on trader’s sentiments. If too many traders re-invest from a particular currency to another, the value of the former will fall.

The only way to avoid volatility risks is by staying updated on the latest trading & economic news, so you can act quickly based on any developments.

However, in spite of staying updated, unforeseen events may cause changes in the forex market like in case of end of Swiss Franc capping by Swiss National Bank, or Covid-19 pandemic that has effected almost every economy, some more than the others. In such cases, try to withdraw your investments as soon as possible to avoid more losses.

4. Practice on Demo Account

Almost all brokers offer demo accounts for free.

Most CFD & forex brokers offer MetaTrader platform with desktop, webtrader & mobile apps, so you can download demo platform of the broker that you want to trade with, and practice trading before opening a Live account.

By creating a demo account, traders will get a virtual account with virtual money that you can use to place demo orders at real-market like prices & conditions.

New traders should always practice on demo for at least 6 months or till the time you are consistently profitable on demo over a period of few months.

Remember, that you should never trade with real money until you are confident & understand the market.

Demo accounts will familiarize you with the trading platform and tools/features offered by the broker. Additionally, demo accounts are perfect for testing your trading strategy.

5. Always Use a Stop Loss

If you are trading without a Stop loss then there is always a risk that you can lose more than you had intended, or even more than your actual invested capital if the market goes against you. This risk would be magnified if you are in a highly leveraged position.

So, it is really important to always use a Stop Loss order in your trade, and stick to it. Set the Stop-loss such that the loss does not exceed 3% of your capital.

Also, check if your broker offers guaranteed stop loss, as this will ensure that you are able to exit your trading position at the fixed price that you have set, even if there is a sudden market movement that goes against your direction.

Some brokers offer guaranteed Stop Loss execution, as a Risk management feature, without any extra fees, so you should ask your broker if they have this feature.

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