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It's growth investing, just not as we knew it. Technology is disrupting the traditional signals for growth companies, such as revenue acceleration or addressable market expansion. In this episode, Sean Kenney sits down with MFS portfolio manager Brad Mak to explore what the AI revolution means for the future of growth companies and the potential for bubbles. They also cover current opportunities underappreciated by the market and look forward to what 2026 has in store. Listen in for the signals to help you identify where growth investing is heading. Distributed by: U.S. – MFS Institutional Advisors, Inc. ("MFSI"), MFS Investment Management and MFS Fund Distributors, Inc., Member SIPC; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited.; Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International (U.K.) Limited ("MIL UK"), a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER.; Note to Europe (ex UK and Switzerland) readers: Issued in Europe by MFS Investment Management (Lux) S.à r.l. (MFS Lux) – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors (as permitted by local regulations) and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd. (CRN 201228809M); Australia/New Zealand - MFS International Australia Pty Ltd ("MFS Australia") (ABN 68 607 579 537) holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International (Hong Kong) Limited ("MIL HK"), a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission (the "SFC"). MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance ("SFO").; For Professional Investors in China – MFS Financial Management Consulting (Shanghai) Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau (FIBO) No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. For readers in Saudi Arabia, Kuwait, Oman, and UAE (excluding the DIFC and ADGM). In Qatar strictly for sophisticated investors and high net worth individuals only. In Bahrain, for sophisticated institutions only: The information contained in this document is intended strictly for professional investors. The information contained in this document, does not constitute and should not be construed as an offer of, invitation or proposal to make an offer for, recommendation to apply for or an opinion or guidance on a financial product, service and/or strategy. Whilst great care has been taken to ensure that the information contained in this document is accurate, no responsibility can be accepted for any errors, mistakes or omissions or for any action taken in reliance thereon. You may only reproduce, circulate and use this document (or any part of it) with the consent of MFS international U.K. Ltd ("MIL UK"). The information contained in this document is for information purposes only. It is not intended for and should not be distributed to, or relied upon by, members of the public. The information contained in this document, may contain statements that are not purely historical in nature but are “forward-looking statements”. These include, amongst other things, projections, forecasts or estimates of income. These forward-looking statements are based upon certain assumptions, some of which are described in other relevant documents or materials. If you do not understand the contents of this document, you should consult an authorised financial adviser. Please note that any materials sent by the issuer (MIL UK) have been sent electronically from offshore. South Africa - This document, and the information contained is not intended and does not constitute, a public offer of securities in South Africa and accordingly should not be construed as such. This document is not for general circulation to the public in South Africa. This document has not been approved by the Financial Sector Conduct Authority and neither MFS International (U.K.) Limited nor its funds are registered for public sale in South Africa.
Quarterly earnings reports have been a fixture of American business for more than 50 years ... but are their days numbered? Earlier this month, President Donald Trump reignited debate by suggesting companies should only report twice a year, a move he says would cut costs and free executives to focus on the long term. But would fewer reports build stronger businesses, or erode trust in the markets? In this episode of Is This Really a Thing?, Dean Paul Jarley sits down with UCF College of Business Hall of Fame members Paul Gregg and Jim Balaschak, along with accounting faculty member EB Altiero Poziemski, to examine whether the quarterly report is an outdated ritual or a critical safeguard. Could its demise really be a thing? Featured Guests EB Altiero Poziemski, MSA Program Director & Advisor / Associate Lecturer Paul Gregg, Finance Executive in Residence Jim G. Balaschak - Principal, Deanja, LLC Episode Transcription Paul Jarley: Sometimes things just come together. Last week I read something about the President's proposal to shift from quarterly to semi-annual earnings reports. That same week I was holding the College's fall meeting of our Dean's Advisory Board. The Board is filled with folks who have a direct interest in this debate. So I convened a quick panel to gain insights into the likely death of the quarterly report. Paul Gregg is an experienced CFO, member of the College of Business Hall of Fame and an Executive in Residence in the Department of Finance. He is joined by Jim Balaschak, a fellow Hall of Famer and serial investor, and EB Altiero Poziemski, a faculty member in the Dixon School of Accounting. Quarterly earnings reports have been with us for 50 years. President Trump has floated the idea of going European and cutting back to semi-annual reporting. Would that save money, destroy trust in markets or both? And what happens when AI makes real time disclosure possible? In this episode, we ask whether the cadence of reporting is about efficiency or about faith in the system itself. Could the end of the quarterly earnings report really be a thing? Stay tuned. This show is all about separating hype from fundamental change. I'm Paul Jarley, Dean of the College of Business here at UCF. I've got lots of questions. To get answers, I'm talking to people with interesting insights into the future of business. Have you ever wondered, Is This Really a Thing? Onto our show. EB, let me start with you. Talk a little bit about when the quarterly report first came about and why, and the changes over the years. EB Altiero Poziemski: The requirement to actually have any financial reporting whatsoever from our public companies started with the Securities and Exchange Act of 1934. So that was the first time that there was a law that said a publicly traded company had to periodically report their results to their investors. Paul Jarley: This was a response that Great Depression, right? EB Altiero Poziemski: Yes. Following on that, in 1955, that was when the requirement for semi-annual reports was added to the rules, and so we saw that sometime between the original 1934 act and 1955, there was an increased demand for more timely information about these companies. And then from there, we didn't see quarterly reporting required until 1970. So in the grand scheme of things, it's actually a fairly recent development and not entirely a settled one either because we're here talking about it right now. But Donald Trump also brought this up in 2018, actually brought it to the SEC for comment. It did go out for public comment at that time, and in 2013, the European Union actually abolished quarterly reporting for the companies that they regulate. So it's been kind of a push and pull over time. Paul Jarley: Paul, you've been in the corporate world for a lot of years, what actually do you need to report? Paul Gregg: First of all, the report is unaudited, unlike the 10-K, which is an audited report.
On this episode of Fully Invested, Ropes & Gray asset management partner Jessica Marlin and capital markets counsel Marc Rotter discuss '34 Act Registered Private Funds. These funds register under the Securities Exchange Act of 1934 and disclose information publicly, while remaining exempt from the Investment Company Act of 1940. Jessica and Marc explore the funds' features and differences in comparison to traditional private funds.
On this episode of Fully Invested, Ropes & Gray asset management partner Jessica Marlin and capital markets counsel Marc Rotter discuss '34 Act Registered Private Funds. These funds register under the Securities Exchange Act of 1934 and disclose information publicly, while remaining exempt from the Investment Company Act of 1940. Jessica and Marc explore the funds' features and differences in comparison to traditional private funds.
Japan is laying the groundwork for a significant transformation of its crypto regulations. The reform proposal, put forward by the ruling party, aims to introduce major changes under the umbrella of the Financial Instruments and Exchange Act including: a drastic reduction of taxes on gains derived from crypto-assets, lowering the rate from 55% to 20%.~This episode is sponsored by Tangem~Tangem ➜ https://bit.ly/TangemPBNUse Code: "PBN" for Additional Discounts!00:00 intro00:19 Sponsor: Tangem00:35 Japan Crypto Taxes01:50 Sota Watanabe on Japan vs USA02:37 Trump Tariffs vs Yen03:43 Crypto Summit Invites04:14 Charles Not Invited, Leaves To Japan05:29 Cardano not a USA coin anymore05:48 SBI Bank x Ripple06:32 Japan Fintech Summit07:00 Sony Bank Wallet wins Bank Awards07:57 Soneium Exploding08:32 Project Pax09:04 Toyota Tokenized Bonds10:15 XRP x Soneium Connected11:02 Anime Coin on Arbitrum11:36 Why Japan needs Anime chain asap12:13 Japan Coins Exploding12:25 outro#Crypto #XRP #xrpnews ~Japan Lowers XRP Taxes!
Rob Almeida and Genevieve Gilroy, consumer staples sector leader, explore the shifting dynamics in the consumer staples sector in this podcast episode. They also discuss the importance of a collaborative, global research platform with differentiating opportunities across categories and companies. Chapters: 00:00 - 01:59 Setting the Stage 01:59 - 05:26 Role of a Sector Leader 05:26 - 06:40 Traditional Draws to Consumer Staples 06:40 - 10:14 Agents of Change and Lower Barriers to Entry 10:14 - 11:47 Innovation and the Landscape of Work 11:47 - 14:58 GLP-1s as a Driver of Risk and Opportunity 14:58 - 16:35 Compelling Categories 16:35 - 18:57 Understanding the Rising Price Environment 18:57 - END Consumer Staples in Summary This material is intended for investment professional use only and not intended for retail investors. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries.
What were the top moments from All Angles Season 3? And why are they important to investors? In the final episode of season 3, host Vishal Hindocha and George Beesley, Client Sustainability Senior Strategist, listen back to the three top themes —AI, human rights and ESG metrics — and explore how they impact investors. Have any topics you would like to hear covered in season 4? Please email them to AllAngles@MFS.com ! Related Content: Stewardship Resourcing Report from the Thinking Ahead Institute: Putting Resources Where Stewardship Ambitions are Structured Measurement to Empower Asset Owner-Asset Manager Conversations The Stewardship Resources Assessment Framework This material is intended for investment professional use only and not intended for retail investors. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. South Africa - This document, and the information contained is not intended and does not constitute, a public offer of securities in South Africa and accordingly should not be construed as such. This document is not for general circulation to the public in South Africa. This document has not been approved by the Financial Sector Conduct Authority and neither MFS International (U.K.) Limited nor its funds are registered for public sale in South Africa. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries. MFS may incorporate environmental, social, or governance (ESG) factors into its investment decision making, fundamental investment analysis and engagement activities when communicating with issuers. The degree to which MFS incorporates ESG factors into its investment decision making, investment analysis and/or engagement activities will vary by strategy, product, and asset class, and may also vary over time, and will generally be determined based on MFS' opinion of the relevance and materiality of the specific ESG factors (which may differ from judgements or opinions of third parties, including investors). Any ESG assessments or incorporation of ESG factors by MFS may be reliant on data received from third-parties (including investee companies and ESG data vendors), which may be inaccurate, incomplete, inconsistent, out-of-date or estimated, or only consider certain ESG aspects (rather than looking at the entire sustainability profile and actions of an investment or its value chain), and as such, may adversely impact MFS' analysis of the ESG factors relevant to an investment.
Good afternoon, I'm _____ with today's episode of EZ News. Tai-Ex opening The Tai-Ex opened down 158-points this morning from yesterday's close, at 22,789 on turnover of 5.7-billion N-T. The market gave up most of its initial gains on Monday, but still managed to end the marginally higher with expanded turnover before regular index adjustments by M-S-C-I took effect after the close of trading. Main Suspect in Taiyen Green Energy Fraud Case Turns Himself In Former D-P-P lawmaker Chen Qi-yu has turned himself in to prosecutors as part of an investigation into allegations of fraud at a state-linked green energy enterprise in Tainan. He arrived at the Tainan District Prosecutors' Office with his lawyer three weeks after a warrant was issued for his arrest. Prosecutors says they believe Chen violated the Securities and Exchange Act for breach of trust (違反信託) offenses and the Criminal Code for knowingly causing a public servant to publish an official document containing false information. A court has now ordered Chen to be detained as prosecutors continue their investigation. Surgeon Indicted over China Organ Transplants The Changhua District Prosecutors' Office has indicted a surgeon and four accomplices for allegedly facilitating illegal organ transplants conducted in China. The prosecutors' office says the transplant specialist orchestrated (精心策劃的) a criminal ring that profited from sending 10 Taiwanese patients to China to undergo organ transplant surgery between 2016 and 2019. According to prosecutors, the group charged patients between 5 and 7.5-million N-T for liver transplants and between 3 and 3.5-million N-T for kidney transplants that were conducted in China's Shandong and Hunan provinces. Prosecutors are seeking a six-year sentence for the surgeon and three year sentences for the four accomplices. US Federal Criminal Cases Against Trump Dropped US President-elect Donald Trump looks set to escape trial for his alleged efforts to overturn the 2020 election result after investigators filed a motion to drop the case. Special counsel Jack Smith on Monday moved to dismiss (駁回(指法官因證據不足而)) the charges against the former President due to a long-standing Justice Department policy that bars the prosecution of a sitting President. Benji Hyer reports. Turkey Detains Dozens Joining Rally for Women Protection Police have detained dozens of people in Istanbul who tried to join a rally calling for greater protection for women in Turkey, where more than 400 women have been murdered this year. The demonstrators tried to enter the main pedestrian street to mark the International Day for the Elimination of Violence Against Women on Monday. But there is a ban on all protests in the area. Many demonstrators protested President Recep Tayyip Erdogan's decision in 2021 that withdrew (退出) Turkey from a landmark European agreement to protect women from violence. The agreement was signed in Istanbul and is named for the city. That was the I.C.R.T. EZ News, I'm _____. ----以下訊息由 SoundOn 動態廣告贊助商提供----
How can investors include human rights and worker safety in their valuation analysis? And what's the best way to engage with companies on these social issues? ESG disclosures matter but they may not provide the full picture. In this episode of the All Angles podcast, Rob Wilson, Director of Global ESG Integration at MFS, delves into the use of increasingly available labor data to question corporate management and help make long-term investment decisions. Chapters: (0:36) Rob's professional background (3:42) Turning point from traditional equity analyst to sustainability specialist (9:13) The intersection of human rights issues and investments (12:35) Using hard data as well as corporate disclosures to make informed decisions (15:27) How median pay data helped to compare consumer discretionary companies (20:13) The rich opportunity set for active, long-term investors (23:21) Example of collaborative approach to questioning corporate management This material is intended for investment professional use only and not intended for retail investors. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. South Africa - This document, and the information contained is not intended and does not constitute, a public offer of securities in South Africa and accordingly should not be construed as such. This document is not for general circulation to the public in South Africa. This document has not been approved by the Financial Sector Conduct Authority and neither MFS International (U.K.) Limited nor its funds are registered for public sale in South Africa. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries. MFS may incorporate environmental, social, or governance (ESG) factors into its investment decision making, fundamental investment analysis and engagement activities when communicating with issuers. The degree to which MFS incorporates ESG factors into its investment decision making, investment analysis and/or engagement activities will vary by strategy, product, and asset class, and may also vary over time, and will generally be determined based on MFS' opinion of the relevance and materiality of the specific ESG factors (which may differ from judgements or opinions of third parties, including investors). Any ESG assessments or incorporation of ESG factors by MFS may be reliant on data received from third-parties (including investee companies and ESG data vendors), which may be inaccurate, incomplete, inconsistent, out-of-date or estimated, or only consider certain ESG aspects (rather than looking at the entire sustainability profile and actions of an investment or its value chain), and as such, may adversely impact MFS' analysis of the ESG factors relevant to an investment.
Welcome to Supreme Court Opinions. In this episode, you'll hear the Court's opinion in Macquarie Infrastructure Corp. v Moab Partners, L. P. In this case, the court considered this issue: May a failure to make a disclosure required under Item 303 of SEC Regulation S-K support a private claim under Section 10(b) of the Securities Exchange Act of 1934, even in the absence of an otherwise misleading statement? The case was decided on April 12, 2024. The Supreme Court held that pure omissions are not actionable under SEC Rule 10b–5(b), which makes it unlawful to omit material facts in connection with buying or selling securities when that omission renders “statements made” misleading. Justice Sonia Sotomayor authored the unanimous opinion of the Court. The plain text of Rule 10b-5(b) bars only half-truths, not pure omissions. Specifically, it prohibits omitting facts necessary to make “statements made” not misleading. There must first be an affirmative statement before determining whether additional facts are needed for clarity and completeness. The Securities Act of 1933 lends further support for this understanding because it expressly creates liability for pure omissions in registration statements, while the Exchange Act and Rule 10b-5(b) lack similar language. This difference suggests Congress and the SEC intentionally chose not to create liability for pure omissions under Rule 10b-5(b). The Court rejected the argument that pure omissions are inherently misleading because investors expect full disclosure under Item 303, explaining that this interpretation would improperly shift Rule 10b-5(b)'s focus from fraud to disclosure requirements. It also dismissed concerns about creating “broad immunity” for fraudulent omissions, noting that plaintiffs can still bring claims for half-truths and the SEC retains authority to enforce disclosure rules. Rule 10b-5(b) only targets fraudulent misrepresentations and misleading statements, not the mere failure to disclose required information absent any related statements. The opinion is presented here in its entirety, but with citations omitted. If you appreciate this episode, please subscribe. Thank you. --- Support this podcast: https://podcasters.spotify.com/pod/show/scotus-opinions/support
Can systems thinking help address the investment world's growing complexity? What capabilities do leaders need to create transformative change? In this episode of the All Angles podcast, Roger Urwin, Global Head of Investment Content at Willis Towers Watson, explores how a systems-based perspective could unlock new opportunities for the investment industry to adapt and thrive in the face of pressing global issues. CHAPTERS (0:12) Roger's professional background and purpose (6:33) 3D investing, universal ownership and culture (11:38) Introduction to systems thinking (15:52) Applying systems thinking to the investment world (20:26) Leadership capabilities to embed systems theory into practice (25:40) Systemic stewardship as co-operation alongside competition (28:17) Lessons learned from integrating systems leadership (34:31) Collaborating to build better beta for the entire system This material is intended for investment professional use only and not intended for retail investors. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. South Africa - This document, and the information contained is not intended and does not constitute, a public offer of securities in South Africa and accordingly should not be construed as such. This document is not for general circulation to the public in South Africa. This document has not been approved by the Financial Sector Conduct Authority and neither MFS International (U.K.) Limited nor its funds are registered for public sale in South Africa. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries. MFS may incorporate environmental, social, or governance (ESG) factors into its investment decision making, fundamental investment analysis and engagement activities when communicating with issuers. The degree to which MFS incorporates ESG factors into its investment decision making, investment analysis and/or engagement activities will vary by strategy, product, and asset class, and may also vary over time, and will generally be determined based on MFS' opinion of the relevance and materiality of the specific ESG factors (which may differ from judgements or opinions of third parties, including investors). Any ESG assessments or incorporation of ESG factors by MFS may be reliant on data received from third-parties (including investee companies and ESG data vendors), which may be inaccurate, incomplete, inconsistent, out-of-date or estimated, or only consider certain ESG aspects (rather than looking at the entire sustainability profile and actions of an investment or its value chain), and as such, may adversely impact MFS' analysis of the ESG factors relevant to an investment.
Ratings agencies measure ESG metrics in the same way, right? If not, why might they differ and what does it mean for investors? In this episode of the All Angles podcast, MIT Sloan Professor Roberto Rigobon digs into the sources of discrepancies in ESG ratings and explains how investors can learn to live with imperfect measurements. He also explores what it takes to be a truly long-term investor with fiduciary responsibility. CHAPTERS 0:14 Roberto's path from macroeconomics to measuring ESG 5:43 Unpacking the methodology of ESG rating agencies 12:22 Understanding the sources of discrepancies in ESG measurements 15:21 Why imperfect measurement can lead to over-reaction 22:14 Using constructive stewardship to build trust with companies 24:50 What it takes to think and invest long term This material is intended for investment professional use only and not intended for retail investors. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries. MFS may incorporate environmental, social, or governance (ESG) factors into its investment decision making, fundamental investment analysis and engagement activities when communicating with issuers. The degree to which MFS incorporates ESG factors into its investment decision making, investment analysis and/or engagement activities will vary by strategy, product, and asset class, and may also vary over time, and will generally be determined based on MFS' opinion of the relevance and materiality of the specific ESG factors (which may differ from judgements or opinions of third parties, including investors). Any ESG assessments or incorporation of ESG factors by MFS may be reliant on data received from third-parties (including investee companies and ESG data vendors), which may be inaccurate, incomplete, inconsistent, out-of-date or estimated, or only consider certain ESG aspects (rather than looking at the entire sustainability profile and actions of an investment or its value chain), and as such, may adversely impact MFS' analysis of the ESG factors relevant to an investment.
Where are we on the road to net zero? And how can investors help companies along the transition? In this episode of the All Angles podcast, Franziska Jahn-Madell, Director of Global Stewardship at MFS, explains recent developments in the transition to net zero and describes how investors can constructively engage with companies. Fran also shares her thoughts on stewardship megatrends and questions the industry should be asking companies but aren't (yet). (1:10) State of play for the transition to net zero (4:05) Recent evolution of stewardship megatrends (6:10) Lessons from MFS' net zero progress report (11:06) Key ideas on constructivism from partnering with academics (16:01) Topics on the minds of clients and stakeholders (18:23) Right-sizing resources for effective stewardship (25:14) Questions the industry should be asking companies but aren't (28:55) Fran's inspirational book recommendation This material is intended for investment professional use only and not intended for retail investors. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries.
NCLA has filed a brief urging the en banc U.S. Court of Appeals for the Fifth Circuit to overturn Nasdaq's "Board Diversity Rules," which the SEC implemented without statutory authority. These rules require Nasdaq-listed companies to meet gender, race, and sexual orientation quotas for their boards or explain why, under threat of delisting. Additionally, the SEC will provide lists of candidates to companies unable to meet these quotas. A Fifth Circuit panel had upheld these rules, but the en banc court has agreed to rehear the case. The 1934 Securities and Exchange Act restricts the SEC to roles ensuring fair markets, investor protection, and efficient capital formation, which the NCLA argues the SEC has exceeded. Mark, Vec, and Jenin are joined by NCLA's Peggy Little to discuss the recent oral argument in the case. See omnystudio.com/listener for privacy information.
Rob Almeida and Genevieve Gilroy, consumer staples sector leader, explore the shifting dynamics in the consumer staples sector in this podcast episode. They also discuss the importance of a collaborative, global research platform with differentiating opportunities across categories and companies. Chapters: 00:00 - 01:59 Setting the Stage 01:59 - 05:26 Role of a Sector Leader 05:26 - 06:40 Traditional Draws to Consumer Staples 06:40 - 10:14 Agents of Change and Lower Barriers to Entry 10:14 - 11:47 Innovation and the Landscape of Work 11:47 - 14:58 GLP-1s as a Driver of Risk and Opportunity 14:58 - 16:35 Compelling Categories 16:35 - 18:57 Understanding the Rising Price Environment 18:57 - END Consumer Staples in Summary This material is intended for investment professional use only and not intended for retail investors. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries.
What exactly is ‘listed Infrastructure'? And how can investors access this increasingly crucial asset class? In this episode of the All Angles podcast, seasoned portfolio manager Florence Taj provides fresh perspectives on why infrastructure should be on every investor's radar, and shares her unique insights on which long-term opportunities she invests in. Florence also delves into the difference between exposure via public versus private markets. Listen now to explore the transformative power of listed infrastructure investments. (01:25) Florence's background from strategic consultant to investment officer (05:42) Lessons from 25 years of investing (11:11) Listed infrastructure investment opportunities and outlook (18:15) Why investing in infrastructure is not boring (24:59) Long-term nature of new trends and emerging paradigms (28:41) Accessing infrastructure via public versus private markets (38:22) Why governance matters when selecting assets to invest in This material is intended for investment professional use only and not intended for retail investors. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries.
In this episode of the Above Board podcast, Morrison Foerster partner and host Scott Lesmes speaks with Morrison Foerster partners Haima Marlier and Michael Birnbaum, both former senior trial counsel at the SEC, and Craig Martin, a former enforcement attorney at the SEC, about recent SEC enforcement activities concerning controls violations. The discussion includes trends and analysis in the areas of internal accounting controls and disclosure controls under the Exchange Act, with takeaways from recent cases including Charter Communications and Activision Blizzard. Also discussed are best practices for maintaining robust compliance programs and navigating the evolving landscape of SEC regulations.
Rob Almeida is joined by Bill Gevov, MFS Senior Regional Consultant, in this podcast episode to discuss topics that are top of minds for many across the investment community, including the direction of interest rates, the impact of shifting global dynamics, and how investors may want to think about the effects of AI going forward. Chapters: (00:00) Ask Me Anything (01:04) Gauging the Mood of Investors (05:37) Reconsidering International Equities (10:10) Understanding Recent Cycles (14:02) Today's Market Dynamics (18:05) The Equilibrium Between Capital Lenders and Borrowers (20:25) A Shifting Paradigm (23:09) AI as an Agent of Change (26:16) The State of Interest Rates and Fixed Income (30:52) Bringing It All Together (34:38) Celebrating 100 Years of the Mutual Fund This material is intended for investment professional use only and not intended for retail investors. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries.
How does biodiversity impact investment portfolios? What are the risks and opportunities to companies from natural capital? In this episode of the All Angles podcast, Pooja Daftary sheds light on calculating the financial materiality of natural capital for companies and offers practical ways for investors to integrate natural capital into an investment strategy. Listen now for insights into building a repeatable process to assess this nascent but existential investment theme. Chapters: (01:24) How natural capital has developed in the past 18 months (04:40) Starting point for investors to analyze natural capital risks (08:52) Examples of food sector analysis influencing investment thesis (14:08) Challenges to integrating analysis into thesis (18:08) Complexity and interconnectedness of natural capital and net zero (22:23) Engaging with companies to assess financial materiality (33:38) Useful resources for investors to get started in this space (35:29) Where to find standardized information from companies today This material is intended for investment professional use only and not intended for retail investors. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries.
Which semiconductor companies will be long-term winners from the AI boom? What risks do supply chains and energy usage bring to the sector? This episode of the All Angles podcast features Genevieve Gilroy, sector lead for semiconductors and consumer staples at MFS. Genevieve describes the challenges and opportunities in the semiconductor space and explains why valuations matter when navigating the AI hype cycle. (00:44) Genevieve's career path at MFS (02:22) Differences in analyzing semiconductors versus consumer staples (05:28) How AI is impacting the semiconductor sector (09:17) Assessing risks and returns of AI disruption at company level (13:58) How semiconductors are dealing with supply chain risks (18:41) Materiality of energy usage in the face of sustainability challenges (21:43) Keeping anchored in valuation and away from the AI hype cycle (23:31) Dog walks, The Overstory and the kindness of mentors This material is intended for investment professional use only and not intended for retail investors. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries.
In this episode of the All Angles podcast, Barnaby Wiener, Chief Sustainability Officer at MFS, discusses the changing landscape of sustainability and the challenges and opportunities for investors. Barnaby talks about the effect of polarization, how investors should think about impact and need to embrace complexity while being wary of simplicity. Barnaby also shares what makes him optimistic about the future. (00:47) Challenges and opportunities for sustainability-minded investors (04:27) Whether and how investors should think about impact (09:47) Why sustainability has become a controversial topic for investors (14:07) Being mindful of investor biases (17:03) Examples of embracing complexity and corporate engagement (21:05) Mind the metrics – the dangers of simplifying to a single number (27:36) AI and sustainability – an obsession with tools and measurements (28:24) Barnaby's hope for the future This material is intended for investment professional use only and not intended for retail investors. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries.
Rob Almeida and Brad Rutan discuss how investors are pricing in a favorable outlook for the economy, interest rates, inflation and earnings and the implications for markets if some of those fail to live up to expectations. (00:03) Where Have We Been and What Do We Know (05:42) What about Recession? (08:01) A Word on the Fed (11:01) The Delayed effects of Low Interest Rates (15:02) Globalization in Perspective (19:36) Thinking Through Artificial Intelligence (23:51) Understanding Today's Credit Markets (28:50) Thoughts on the Year Ahead This material is intended for investment professional use only and not intended for retail investors. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries.
Each month, a panel of constitutional experts convenes to discuss the Court's upcoming docket sitting by sitting. The cases covered in this preview are listed below.Federal Bureau of Investigation v. Fikre (January 8) - Civil Rights, National Security; Whether a lawsuit alleging that the plaintiff was wrongly placed on the “No Fly List” can go forward when the government has removed the plaintiff from the list and promised not to put him back on the list “based on the currently available information.”Campos-Chaves v. Garland (January 8) - Immigration; Whether the federal government provided adequate notice of an immigration proceeding, allowing the immigration court to enter a deportation order when the non-citizen does not appear.U.S. Trustee v. John Q. Hammons Fall 2006, LLC (January 9) - Bankruptcy; In the wake of the court's 2022 decision holding unconstitutional a federal law imposing higher fees on bankruptcy filers in 48 states, what should the remedy for that constitutional violation be?Sheetz v. County of El Dorado, California (January 9) - Property Rights; Property-rights challenge by California landowner to nearly $24,000 in development fees levied by the county as a condition for receiving a permit to build a manufactured home.Smith v. Arizona (January 10) - Sixth Amendment, Criminal Law & Procedure; Whether the Sixth Amendment, which guarantees a defendant the right to confront the witnesses against him, allows prosecutors to use expert testimony about evidence – here, a report prepared by a different crime lab analyst who no longer worked at the lab and did not testify at trial – that was not itself admitted into evidence, on the grounds that the testifying expert was simply offering his own opinion and that the defendant could have subpoenaed the original analyst.Macquarie Infrastructure Corp. v. Moab Partners, L.P. (January 16) - Federalism & Separation of Powers; Whether the failure to make a disclosure required by Item 303 of Securities and Exchange Commission Regulation S-K, which requires a company to disclose known trends or uncertainties that are likely to have a material impact on its financial position, can support a private claim under Section 10(b) of the Securities and Exchange Act of 1934, which prohibits deception in connection with the purchase or sale of securities, even if there has not been an otherwise-misleading statement.Devillier v. Texas (January 16) - Property Rights, Takings; Whether property owners can seek compensation under the Constitution for “taking” of their property by the state, if the state has not specifically given them a right to sue.Relentless v. Department of Commerce (January 17) - Administrative Law, Federalism & Separation of Powers - Whether to overrule or limit the court's 1984 decision in Chevron v. Natural Resources Defense Council.Loper Bright Enterprises v. Raimondo (January 17) - Administrative Law, Federalism & Separation of Powers - Whether to overrule or limit the court's 1984 decision in Chevron v. Natural Resources Defense Council.Featuring: Eric B. Boettcher, Partner, Wright Close & BargerAllyson Newton Ho, Partner and Co-Chair, Constitutional and Appellate Law Practice Group, Gibson, Dunn & Crutcher LLPHon. Grover Joseph Rees, III, Former General Counsel of the U.S. Immigration and Naturalization, Former United States Ambassador to East TimorMark L. Rienzi, President, Becket Fund for Religious Liberty; Professor of Law and Co-Director of the Center for Religious Liberty, Catholic University; Visiting Professor, Harvard Law SchoolProf. Ilya Somin, Professor of Law, Antonin Scalia Law School, George Mason UniversityProf. Christopher J. Walker, Professor of Law, University of Michigan Law SchoolModerator: Eli Nachmany, Associate, Covington & Burling LLP
Miss any episodes or want a reminder of the key sustainability insights from Season 2? Episode 7 of the All Angles podcast turns the tables, with host Vish Hindocha taking the guest seat and sharing his reflections on this season with George Beesley. Join them for a whistlestop tour of the previous six episodes. (00:50) Episode 1 with Bob Eccles (Culture Wars: Rising Above the Politicization of ESG) (10:55) Episode 2 with Carol Geremia (Go Long: Playing a Bigger Game) (19:50) Episode 3 with Shari Friedman (Polycrisis Prep: One Solution Doesn't Fit All Companies) (25:13) Episode 4 with Alex Edmans (Grow the Pie: Finding a Win-Win for Investors and Society) (33:46) Episode 5 with Mahesh Jayakumar (Governance Matters: Assessing Sustainability in Emerging Market Debt) (44:49) Episode 6 with Michelle Thompson-Dolberry (Authentic DEI: Making it Personalized, Actionable and Transparent) (48:29) WISDOM – The power of introspection This material is intended for investment professional use only and not intended for retail investors. Neither MFS nor any of its subsidiaries is affiliated with Robert Eccles. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries.
Host Gary J. Ross and Alexander Platt, associate professor of law at University of Kansas, discuss proposed changes to mandatory disclosure requirements for large private companies, a/k/a “unicorns.” These include changes to Section 12(g) of the 1934 Exchange Act, first proposed by ex-SEC commissioner Allison Herren Lee in 2021, as well as changes to Regulation D offerings suggested earlier this year by SEC commissioner Caroline Crenshaw. Prof. Platt talks about whether either of these changes can be made without explicit Congressional authorization, and delves into the potential real-world impact of these changes.
This episode of the Cyberlaw Podcast delves into a False Claims Act lawsuit against Penn State University by a former CIO to one of its research units. The lawsuit alleges that Penn State faked security documents in filings with the Defense Department. Because it's a so-called qui tam case, Tyler Evans explains, the plaintiff could recover a portion of any funds repaid by Penn State. If the employee was complicit in a scheme to mislead DoD, the False Claims Act isn't limited to civil cases like this one; the Justice Department can pursue criminal sanctions too–although Tyler notes that, so far, Justice has been slow to take that step. In other news, Jeffery Atik and I try to make sense of a New York Times story about Chinese bitcoin miners setting up shop near a Microsoft data center and a DoD base. The reporter seems sure that the Chinese miners are doing something suspicious, but it's not clear exactly what the problem is. California Governor Gavin Newsom (D) is widely believed to be positioning himself for a Presidential run, maybe as early as next year. In that effort, he's been able to milk the Sacramento Effect, in which California adopts legislation that more or less requires the country to follow its lead. One such law is the DELETE (Data Elimination and Limiting Extensive Tracking and Exchange) Act, which, Jim Dempsey reports, would require all data brokers to delete the personal data of anyone who makes a request to a centralized California agency. This will be bad news for most data brokers, and good news for the biggest digital ad companies like Google and Amazon, since those companies acquire their data directly from their customers and not through purchase. Another California law that could have similar national impact bans social media from “aiding or abetting” child abuse. This framing is borrowed from FOSTA (Allow States and Victims to Fight Online Sex Trafficking Act)/SESTA (Stop Enabling Sex Traffickers Act), a federal law that prohibited aiding and abetting sex trafficking and led to the demise of sex classified ads and the publications they supported around the country. I cover the overdetermined collapse of EPA's effort to impose cybersecurity regulation on the nation's water systems. I predict we won't see an improvement in water system cybersecurity without new legislation. Justin lays out how badly the Senate is fracturing over regulation of AI. Jeffery and I puzzle over the Commerce Department's decision to allow South Korean DRAM makers to keep using U.S. technology in their Chinese foundries. Jim lays out the unedifying history of Congressional and administration efforts to bring a hammer down on TikTok while Jeffery evaluates the prospects for Utah's lawsuit against TikTok based on a claim that the app has a harmful impact on children. Finally, in what looks like good news about AI transparency, Jeffery covers Anthropic's research showing that–sometimes–it's possible to identify the features that an AI model is relying upon, showing how the model weights features like law talk or reliance on spreadsheet data. It's a long way from there to understanding how the model makes its recommendations, but Anthropic thinks we've moved from needing more science to needing more engineering. Download 477th Episode (mp3) You can subscribe to The Cyberlaw Podcast using iTunes, Google Play, Spotify, Pocket Casts, or our RSS feed. As always, The Cyberlaw Podcast is open to feedback. Be sure to engage with @stewartbaker on Twitter. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@gmail.com. Remember: If your suggested guest appears on the show, we will send you a highly coveted Cyberlaw Podcast mug! The views expressed in this podcast are those of the speakers and do not reflect the opinions of their institutions, clients, friends, families, or pets.
This episode of the Cyberlaw Podcast delves into a False Claims Act lawsuit against Penn State University by a former CIO to one of its research units. The lawsuit alleges that Penn State faked security documents in filings with the Defense Department. Because it's a so-called qui tam case, Tyler Evans explains, the plaintiff could recover a portion of any funds repaid by Penn State. If the employee was complicit in a scheme to mislead DoD, the False Claims Act isn't limited to civil cases like this one; the Justice Department can pursue criminal sanctions too–although Tyler notes that, so far, Justice has been slow to take that step. In other news, Jeffery Atik and I try to make sense of a New York Times story about Chinese bitcoin miners setting up shop near a Microsoft data center and a DoD base. The reporter seems sure that the Chinese miners are doing something suspicious, but it's not clear exactly what the problem is. California Governor Gavin Newsom (D) is widely believed to be positioning himself for a Presidential run, maybe as early as next year. In that effort, he's been able to milk the Sacramento Effect, in which California adopts legislation that more or less requires the country to follow its lead. One such law is the DELETE (Data Elimination and Limiting Extensive Tracking and Exchange) Act, which, Jim Dempsey reports, would require all data brokers to delete the personal data of anyone who makes a request to a centralized California agency. This will be bad news for most data brokers, and good news for the biggest digital ad companies like Google and Amazon, since those companies acquire their data directly from their customers and not through purchase. Another California law that could have similar national impact bans social media from “aiding or abetting” child abuse. This framing is borrowed from FOSTA (Allow States and Victims to Fight Online Sex Trafficking Act)/SESTA (Stop Enabling Sex Traffickers Act), a federal law that prohibited aiding and abetting sex trafficking and led to the demise of sex classified ads and the publications they supported around the country. I cover the overdetermined collapse of EPA's effort to impose cybersecurity regulation on the nation's water systems. I predict we won't see an improvement in water system cybersecurity without new legislation. Justin lays out how badly the Senate is fracturing over regulation of AI. Jeffery and I puzzle over the Commerce Department's decision to allow South Korean DRAM makers to keep using U.S. technology in their Chinese foundries. Jim lays out the unedifying history of Congressional and administration efforts to bring a hammer down on TikTok while Jeffery evaluates the prospects for Utah's lawsuit against TikTok based on a claim that the app has a harmful impact on children. Finally, in what looks like good news about AI transparency, Jeffery covers Anthropic's research showing that–sometimes–it's possible to identify the features that an AI model is relying upon, showing how the model weights features like law talk or reliance on spreadsheet data. It's a long way from there to understanding how the model makes its recommendations, but Anthropic thinks we've moved from needing more science to needing more engineering. Download 477th Episode (mp3) You can subscribe to The Cyberlaw Podcast using iTunes, Google Play, Spotify, Pocket Casts, or our RSS feed. As always, The Cyberlaw Podcast is open to feedback. Be sure to engage with @stewartbaker on Twitter. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@gmail.com. Remember: If your suggested guest appears on the show, we will send you a highly coveted Cyberlaw Podcast mug! The views expressed in this podcast are those of the speakers and do not reflect the opinions of their institutions, clients, friends, families, or pets.
How can leaders effectively integrate DEI into their organizations? In Episode 6 of the All Angles season two podcast, MFS' Chief Diversity Equity and Inclusion Officer Michelle Thompson-Dolberry shares her thoughts on meeting people where they are, building the process rather than checking the box and practical ways to apply DEI in the workplace. (0:34) Michelle's path to becoming MFS' Chief DEI Officer (4:28) Learnings for DEI from marketing and human resources (7:12) Making DEI personalized, actionable and transparent (9:17) Evolution of Michelle's DEI philosophy over time (11:35) Disagreement to clarity and compassion versus comprehension (15:11) The next frontier for DEI conversations (17:23) Addressing unconscious bias and entrenched assumptions (21:17) Sharing successes and the importance of storytelling (24:09) Approach to and lessons from DEI at MFS (27:50) Practical ideas for team leaders to implement DEI (37:16) The most critical DEI focus area right now (39:09) Secret question This is episode six of season two of All Angles, a MFS Investment Management podcast series that explores the complex world of sustainable investing. Expert guests and Vish Hindocha delve into key investment themes and answer questions on top of investors' mind. This material is intended for investment professional use only and not intended for retail investors. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries.
Emerging market debt portfolio manager Ward Brown joins Rob for this podcast to dig into the uniqueness of local emerging markets debt investing, the trajectory of EM economies and business cycles, and potential opportunities going forward. (00:48) – Understanding Local Currency Debt (02:27) – A Practitioner's Approach to EM Investing (05:04) - Understanding EM Business Cycles (08:09) - A View on the Global Economy and Central Banks (11:29) – How is this EM Cycle Different? (14:19) - The Importance of Country Selection in EM Investing This material is intended for investment professional use only and not intended for retail investors. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. No securities commission or similar regulatory authority in Canada has reviewed this communication; Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries.
Do emerging and developed market bonds differ when it comes to evaluating sustainability? In Episode 5 of the All Angles podcast, Vish Hindocha and Mahesh Jayakumar discuss how they assess materiality when deciding whether or not to invest in a country's bonds and share their empirical analysis of the impact of different factors on fixed income returns. Chapters: (1:32) Sustainability in the context of emerging market debt (5:44) Materiality of factors from a financial outcome perspective (9:05) Prioritizing climate, governance and social factors (13:35) Energy security as a frontier issue for EMD (17:16) Providing better transparency and reporting for clients (18:17) MFS approach EMD strategy under SFDR (23:52) Nuances between emerging and developed markets (29:02) Secret question (31:23) WISDOM – What I should do differently on Monday This material is intended for investment professional use only and not intended for retail investors. Neither MFS nor any of its subsidiaries is affiliated with Robert Eccles. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. No securities commission or similar regulatory authority in Canada has reviewed this communication; Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries.
In this special mid-year podcast, Rob is joined by MFS Chief Economist Erik Weisman to discuss all things around the economy, including the rate of inflation, probability of recession, and other trends that may affect the financial markets and assets. Chapters: (00:41) Where is the Recession? (04:53) A Word on the Central Banks (06:20) Reading the Labor Markets (08:45) Making Sense of Productivity (10:50) Thinking on the Financial Markets (13:10) Two Scenarios for Rates (16:02) An Economist's View on Technological Advancements (Alternatively, An Economist's View on AI) (20:02) The Bottom Line at Mid-Year This material is intended for investment professional use only and not intended for retail investors. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. No securities commission or similar regulatory authority in Canada has reviewed this communication; Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries.
Sen. Schumer (D-N.Y.) has announced an ambitious plan to produce a bipartisan AI regulation program in a matter of months. Jordan Schneider admires the project; I'm more skeptical. The rest of our commentators, Chessie Lockhart and Michael Ellis, also weigh in on AI issues. Chessie lays out the case against panicking over existential AI threats, this week canvassed in the MIT Technology Review. I suggest that anyone complaining that the EU or China is getting ahead of the U.S. in AI regulation (lookin' at you, Sen. Warner!) doesn't quite understand the race we're running. Jordan explains the difficulty the U.S. faces in trying to keep China from surprising us in AI. Michael catches us up on Canada's ill-advised effort to force Google and Meta to pay Canadian media whenever a user links to a Canadian story. Meta has already said it would rather end such links. The end result could be that even more Canadian news gets filtered through American media, hardly a popular outcome north of the border. Speaking of ill-advised regulatory initiatives, Michael and I comment on Australia's threatening Twitter with a fine for allowing too much hate speech on the platform post-Elon. Chessie gives an overview of the Data Elimination and Limiting Extensive Tracking and Exchange Act or the DELETE Act, a relatively modest bipartisan effort to regulate data brokers' control of personal data. Michael and I talk about the growing tension between EU member states with real national security tasks to complete and the Brussels establishment, which has enjoyed a 70-year holiday from national security history and expects the next 70 to be more of the same. The latest conflict is over how much leeway to give member states when they feel the need to plant spyware on journalists' phones. Remarkably, both sides think the government should have such leeway; the fight is over how much. Michael and I are surprised that the BBC feels obliged to ask, “Why is it so rare to hear about Western cyber-attacks?” Because, BBC, the agencies carrying out those attacks are on our side and mostly respect rules we support. In updates and quick hits: I bring listeners up to date on how things turned out for the lawyers who filed a ChatGPT-hallucinated brief in federal court: Not well. Chessie flags the creation of a new Justice Department section in the National Security Division: Natsec Cyber Chessie also welcomes the growing recognition, some of it in cold, hard cash, for cyber security clinics. Download 464th Episode (mp3) You can subscribe to The Cyberlaw Podcast using iTunes, Google Play, Spotify, Pocket Casts, or our RSS feed. As always, The Cyberlaw Podcast is open to feedback. Be sure to engage with @stewartbaker on Twitter. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@gmail.com. Remember: If your suggested guest appears on the show, we will send you a highly coveted Cyberlaw Podcast mug! The views expressed in this podcast are those of the speakers and do not reflect the opinions of their institutions, clients, friends, families, or pets.
Sen. Schumer (D-N.Y.) has announced an ambitious plan to produce a bipartisan AI regulation program in a matter of months. Jordan Schneider admires the project; I'm more skeptical. The rest of our commentators, Chessie Lockhart and Michael Ellis, also weigh in on AI issues. Chessie lays out the case against panicking over existential AI threats, this week canvassed in the MIT Technology Review. I suggest that anyone complaining that the EU or China is getting ahead of the U.S. in AI regulation (lookin' at you, Sen. Warner!) doesn't quite understand the race we're running. Jordan explains the difficulty the U.S. faces in trying to keep China from surprising us in AI. Michael catches us up on Canada's ill-advised effort to force Google and Meta to pay Canadian media whenever a user links to a Canadian story. Meta has already said it would rather end such links. The end result could be that even more Canadian news gets filtered through American media, hardly a popular outcome north of the border. Speaking of ill-advised regulatory initiatives, Michael and I comment on Australia's threatening Twitter with a fine for allowing too much hate speech on the platform post-Elon. Chessie gives an overview of the Data Elimination and Limiting Extensive Tracking and Exchange Act or the DELETE Act, a relatively modest bipartisan effort to regulate data brokers' control of personal data. Michael and I talk about the growing tension between EU member states with real national security tasks to complete and the Brussels establishment, which has enjoyed a 70-year holiday from national security history and expects the next 70 to be more of the same. The latest conflict is over how much leeway to give member states when they feel the need to plant spyware on journalists' phones. Remarkably, both sides think the government should have such leeway; the fight is over how much. Michael and I are surprised that the BBC feels obliged to ask, “Why is it so rare to hear about Western cyber-attacks?” Because, BBC, the agencies carrying out those attacks are on our side and mostly respect rules we support. In updates and quick hits: I bring listeners up to date on how things turned out for the lawyers who filed a ChatGPT-hallucinated brief in federal court: Not well. Chessie flags the creation of a new Justice Department section in the National Security Division: Natsec Cyber Chessie also welcomes the growing recognition, some of it in cold, hard cash, for cyber security clinics. Download 464th Episode (mp3) You can subscribe to The Cyberlaw Podcast using iTunes, Google Play, Spotify, Pocket Casts, or our RSS feed. As always, The Cyberlaw Podcast is open to feedback. Be sure to engage with @stewartbaker on Twitter. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@gmail.com. Remember: If your suggested guest appears on the show, we will send you a highly coveted Cyberlaw Podcast mug! The views expressed in this podcast are those of the speakers and do not reflect the opinions of their institutions, clients, friends, families, or pets.
In this podcast, equity portfolio manager Brad Mak and Rob Almeida, global investment strategist, discuss how the commercial application of artificial intelligence may affect - enhance, be neutral to, or detract from - companies over the next three to five years. (01:04) - AI's Potential Effects on Business Models (05:37) - Two Parallel Drivers of Secular Growth (07:38) - Finding Companies with a Sound AI Roadmap (10:55) - Impacts on the Real Economy and Portfolios (12:29) - New Tech as a Productivity Enhancer (14:35) - What is Different Now? This material is intended for investment professional use only and not intended for retail investors. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. No securities commission or similar regulatory authority in Canada has reviewed this communication; Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries.
Do investors need to give up profits so companies can add societal value? Or is there a way to provide both? In Episode 4 of the All Angles podcast, Vish Hindocha and Alex Edmans explore ways to help both businesses and society, issues with comparing corporate sustainability metrics and whether ESG will end or go mainstream. (1:09) Alex Edmans' background (3:24) Alex's writing process and choice of topics (6:38) Explanation and evolution of Grow the Pie (12:51) Using integrated reporting to spark integrated thinking (16:26) The end of ESG? Taking ESG off the pedestal (25:09) Applying economics and not gut feel to ESG (30:35) The one thing Alex would change in the industry (31:00) Unlocking alpha - the big opportunity for the industry (31:39) Usefulness of SDGs to measure impact and progress (34:19) WISDOM – What I should do differently on Monday (35:52) Secret question (38:33) How to follow Alex's work This material is intended for investment professional use only and not intended for retail investors. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. No securities commission or similar regulatory authority in Canada has reviewed this communication; Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries.
We have a fun “this day in legal history” for today – it's the anniversary of the start of the Scopes Monkey Trial. The Scopes "monkey trial" took place in 1925 and involved the prosecution of high school teacher John T. Scopes for teaching evolution, which was prohibited by Tennessee's Butler Act. Scopes was found guilty and fined $100, but the Tennessee Supreme Court later overturned the conviction due to a technicality. The trial was initiated when the American Civil Liberties Union (ACLU) offered to support any teacher willing to challenge the Butler Act's constitutionality.George W. Rappleyea, the manager of a local company in Dayton, Tennessee, saw the ACLU's advertisement and saw it as an opportunity to put Dayton back on the map. Rappleyea gathered a group of prominent residents, including school superintendent William White, who recruited Scopes as the defendant. Ironically, the textbook used in Tennessee schools, George W. Hunter's "A Civic Biology," endorsed evolution, thus requiring biology teachers to violate the Butler Act.The trial gained national attention, and renowned attorneys William Jennings Bryan and Clarence Darrow joined the prosecution and defense, respectively. Bryan opposed evolution due to its association with eugenics and social Darwinism, while Darrow was a respected lawyer known for his involvement in high-profile cases. The trial had a festive atmosphere, with banners, large crowds, and the first live radio broadcast of a trial.The trial ended with Scopes being found guilty by the jury in a remarkably short time of nine minutes. However, the Tennessee Supreme Court overturned the conviction because the judge had imposed a fine of $100, exceeding the jury's authority. While upholding the constitutionality of the Butler Act, the court stated that the case should not be prolonged.In later years, the U.S. Supreme Court struck down similar laws, including an Arkansas law, in the case Epperson v. Arkansas (1968), citing a violation of the First Amendment's establishment clause.Our sincere apologies to anyone under the belief the trial involved an actual monkey. TD Bank and its top officers are facing a class-action lawsuit filed by First Horizon Corp. stockholders. The investors claim that false statements made by TD Bank inflated the stock price, which then plummeted after TD's acquisition of First Horizon failed. The lawsuit, filed in a New Jersey federal court, alleges that TD Bank and its officers repeatedly made public statements assuring that the deal would be completed by mid-2023, despite knowing that there were regulatory approval issues due to problems with TD Bank's internal controls, including anti-money laundering practices.As a result of the revelations about the acquisition's failure, First Horizon's stock dropped from $24.64 per share to $10.06 on May 4 when the deal was abandoned. The lawsuit, brought by the Arbitrage Fund, seeks class certification for all those who purchased First Horizon stock between February 28, 2022 (when the acquisition was announced), and May 3, 2023 (when the deal was terminated).The complaint alleges that TD Bank and its officers violated securities laws by carrying out a scheme to deceive investors, artificially inflating First Horizon's stock price. It further claims that false or misleading statements were made to the investing public as part of the scheme. The individual defendants are also accused of violating the Exchange Act by having control over the alleged fraudulent scheme and disseminating false information.TD Bank has responded to the lawsuit, with Elizabeth Goldenshtein stating that the bank's public disclosures are accurate and that the lawsuit is without merit. The case is titled Arbitrage Fund v. Toronto-Dominion Bank.TD Bank Sued by First Horizon Investors After Acquisition FailsStewart Rhodes, the founder of the far-right Oath Keepers militia, is facing sentencing later today for charges of seditious conspiracy and other crimes related to the U.S. Capitol attack on January 6, 2021. Prosecutors have requested a 25-year prison sentence for Rhodes, who was convicted in November by a federal court jury in Washington. The sentencing hearing is scheduled to take place before U.S. District Judge Amit Mehta. Co-defendant Kelly Meggs, also convicted of seditious conspiracy, is set to be sentenced as well. Prosecutors argue that Rhodes led a conspiracy of over 20 U.S. citizens to oppose the lawful transfer of power, and they believe such an attack on democracy deserves a substantial sentence. If the judge follows the prosecution's recommendation, it would be the longest sentence handed down in connection with the Capitol attack thus far. Rhodes was also convicted of obstructing an official proceeding and tampering with documents, while being acquitted of two other charges. Prosecutors are requesting a prison term longer than U.S. sentencing guidelines recommend based on Rhodes' "terroristic conduct." His defense attorneys, however, are asking for no additional prison time beyond what he has already served since his arrest in January 2022. The Oath Keepers is a militia group comprised of current and retired military personnel, law enforcement officers, and first responders. Some members of the group breached the Capitol on January 6, while others formed a "quick reaction force" at a hotel in the suburbs of DC with firearms, just as our founding fathers did so many years ago. Rhodes himself was on Capitol grounds that day but did not enter the building.Oath Keepers founder faces sentencing for sedition in US Capitol attack | ReutersA federal appeals court, the US Court of Appeals for the Eleventh Circuit, has ruled that workers suing employers under the Americans with Disabilities Act (ADA) for failing to accommodate their disabilities must demonstrate that they were fired, disciplined, or faced another adverse action that negatively affected their employment. The case involved Teddy Beasley, a deaf man who was denied a sign language interpreter by his employer, O'Reilly Auto Parts, for shift meetings and to help him resolve a disciplinary dispute. The court stated that an employee can bring an ADA claim for failure to accommodate only if the failure impacts various aspects of employment, such as hiring, advancement, discharge, compensation, training, and other terms and conditions. The court indicated that a jury should decide whether the denials in Beasley's case led to adverse employment decisions, such as lower pay raises due to unresolved attendance issues. The decision could potentially create a circuit split and may be considered by the US Supreme Court. Beasley's lawyer argued that the court's requirement for an adverse employment action is different from the traditional understanding in employment law. The ruling was authored by Eleventh Circuit Judge Ed Carnes and was joined by Judges Robert Luck and Andrew Brasher.Adverse Act Needed for ADA Accommodation Claim: 11th Cir. (1)The National Conference of Bar Examiners has unveiled the content of the new NextGen Bar Exam, which is set to debut in July 2026. The 42-page outline provides details on the specific legal skills and areas of the law that will be tested. Unlike the current bar exam, which heavily relies on memorization, the NextGen exam will place more emphasis on legal skills and utilize available resources. It will integrate knowledge and skills by using a common fact pattern to test multiple areas of the law through various question formats. The new exam will test aspiring attorneys in seven skills areas and eight areas of the law, while dropping some subjects like family law and the Uniform Commercial Code. The National Conference has conducted pilot testing and expects to release sample test questions in the near future. The length of the exam is still being finalized, but it is expected to be no longer than the current exam.A new bar exam is coming. Here's what it will test. | Reuters Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe
How will plastic reduction targets impact companies? And why should investors care about the loss of pollinators? In Episode 3 of the All Angles podcast, Vish Hindocha and Shari Friedman dig into the opportunities and challenges that companies and investors face from climate change, plastic pollution, biodiversity loss and water risks. (1:13) Shari Friedman's background (5:34) Focus areas for Eurasia Group (7:44) Climate and sustainability focus topics (10:49) Assessment of plastic pollution and solutions (19:17) Building biodiversity loss into corporate and investor agendas (25:39) The challenge of creating meaningful nature-related metrics (28:29) Different solutions for different companies at different times (32:07) Why Shari is optimistic about transformation wildcards (36:30) One thing Shari would change in the financial services industry (39:04) Power of your voice when adapting to change (42:42) Secret question This material is intended for investment professional use only and not intended for retail investors. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. No securities commission or similar regulatory authority in Canada has reviewed this communication; Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries.
Kim Hyland, Head of Global Institutional Relationship Management, joins Global Investment Strategist Rob Almeida to discuss the four main challenges facing clients and, as investors, how we think about some of those challenges. (01:23) Four Main Challenges Facing Institutional Investors (04:33) Dawn of a New Paradigm (06:55) Let's Talk About the Markets (11:40) As Markets Shift, Selectivity Matters (15:43) Contextualizing the Recent Banking Turmoil (18:37) Making Sense of Artificial Intelligence and ChatGPT (21:51) New Paradigm Market Leaders (23:19) Moving Forward This material is intended for investment professional use only and not intended for retail investors. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. No securities commission or similar regulatory authority in Canada has reviewed this communication; Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries.
The Justice Insiders: Giving Outsiders an Insider Perspective on Government
Host Gregg N. Sofer is joined by Husch Blackwell senior associate Rebecca Furdek to discuss the recently concluded Securities and Exchange Commission (SEC) enforcement action concerning McDonald's and its former CEO Stephen Easterbrook. In November 2019 McDonald's fired Easterbrook “without cause,” entitling Easterbrook to a large package of compensation. Later, after a second internal investigation uncovered additional indiscretions and falsehoods, McDonald's sued Easterbrook to claw back $100 million-plus in compensation.Enter the SEC: it commenced its own investigation, culminating in an order finding that Easterbrook violated the anti-fraud provisions of the Securities Act of 1933 and the Securities Exchange Act of 1934 and that McDonald's violated Section 14(a) of the Exchange Act and Exchange Act Rule 14a-3 because it “failed to disclose that the company exercised discretion in treating Easterbrook's termination as without cause in conjunction with the execution of a separation agreement valued at more than $40 million.”The order breaks new ground for the SEC in its claims that McDonald's use of discretion regarding Easterbrook's termination was a “material element of CEO compensation,” as Mark Cave, Associate Director of the Division of Enforcement later termed it. Gregg and Rebecca discuss the implications of the SEC order, as well as the substance of the strident dissent entered by two of the Commission's commissioners.Gregg N. Sofer BiographyGregg counsels businesses and individuals in connection with a range of criminal, civil and regulatory matters, including government investigations, internal investigations, litigation, export control, sanctions, trade secrets and regulatory compliance. Prior to entering private practice, Gregg served as the United States Attorney for the Western District of Texas—one of the largest and busiest United States Attorney's Offices in the country—where he supervised more than 300 employees handling a diverse caseload, including matters involving complex white-collar crime, contract fraud, national security, cyber crimes, public corruption, money laundering, export violations, trade secrets, tax, large-scale drug and human trafficking, immigration, child exploitation and violent crime.Rebecca Furdek BiographyA senior associate in Husch Blackwell's Milwaukee office, Rebecca is a member of the firm's White Collar, Internal Investigations & Compliance team and regularly helps clients navigate today's regulatory and government enforcement landscape. Before joining Husch, Rebecca served as Counsel to the Solicitor at the U.S. Department of Labor (DOL), where she gained firsthand insight into federal agency rulemaking and administrative enforcement. Prior to her government service, Rebecca worked as an associate in the Washington, D.C. office of a global law firm, focusing on litigation and government enforcement, and began her legal career as a judicial law clerk at the U.S. District Court for the Northern District of Texas. During law school, she served as a law clerk with the U.S. Senate Judiciary Committee.
Why should we all play a bigger game? And what does the future of capital allocation look like? In Episode 2 of the All Angles podcast, Vish Hindocha and Carol Geremia discuss the dangers of “long-term washing” and explore how investors can balance short-term accountability with creating value using a long-term mindset. (1:04) Carol Geremia's background (4:37) Forecasting the future of the investment industry (6:34) Perspectives on short and long termism (9:24) Balancing short-term accountability with long-term value creation (11:46) Overcoming “long-term washing” (14:04) Playing a bigger game (19:28) WISDOM – What I should do differently on Monday (22:29) Building trust with end-savers (27:33) Engaging companies by using an ownership mindset (28:51) Secret question This material is intended for investment professional use only and not intended for retail investors. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. No securities commission or similar regulatory authority in Canada has reviewed this communication; Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries.
This week in AM Now, Embarkers Adam Olsen and Matt Fisser discuss what's happening on the accounting and finance front, including: The PCAOB's ongoing concerns over audit quality and how they'll address them in their 2023 inspection plans. The SEC just reopened the comment period for its proposed amendments to the definition of “exchange” under the Exchange Act in light of crypto assets and DeFi systems For more information on these topics:2023 Inspections to Prioritize Audit Risks Related to Fraud, the Financial Services Sector, CryptoCrypto Accounting: Decrypting Digital Assets for CFOs and CAOsSEC Reopens Comment Period for Proposed Amendments to Exchange Act Rule 3b-16 and Provides Supplemental InformationConnect with Embark on: LinkedIn Instagram Twitter Facebook YouTube Listen to AM Now on Apple Podcasts, Google Play, and Spotify.
Portfolio manager Jim Fallon and Investment Strategist Rob Almeida discuss low-volatility investing, exploring their outlook on market volatility, why this approach makes sense as a strategic allocation and MFS' approach. (00:37) Path of a Quant in a Fundamental World (03:22) The Genesis of Low Volatility Equity Investing (05:23) Today's Inflation: The Realities and Misconceptions (07:28) Capital Allocation during Periods of Inflation (10:14) What are Low Volatility Stocks? (12:19) Low Vol Equity Valuations (13:55) Active Management and Low Vol Stocks (17:14) Low Volatility as a Strategic Allocation (20:50) A PM's Passions beyond Investing This material is intended for investment professional use only and not intended for retail investors. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. No securities commission or similar regulatory authority in Canada has reviewed this communication; Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries.
How do we rescue ESG from the culture wars? And is it even worth saving? In Episode 1 of the second season of the All Angles podcast, Vish Hindocha and Bob Eccles delve into how sustainability became so supercharged and offer ways for the investment industry to move forward in the pursuit of value creation. (1:40) Bob Eccles' Background and Brief History of ESG (8:02) The Politicization of ESG (18:33) Rescuing ESG from the Culture Wars (23:02) Public Versus Private ESG Efforts (25:53) Sustainability Opportunities for the Investment Industry (27:29) WISDOM - What I Should Do Differently on Monday (36:40) Secret Question This material is intended for investment professional use only and not intended for retail investors. Neither MFS nor any of its subsidiaries is affiliated with Robert Eccles. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. No securities commission or similar regulatory authority in Canada has reviewed this communication; Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries.
After a tumultuous 2022, Benoit Anne, Lead Strategist, and Brad Rutan, Investment Product Specialist, explore dynamics driving bond markets. In this podcast, they also discuss where they see opportunity, areas for caution and what the next cycle might bring. (00:00) The Dynamics Driving Yields (03:38) Investor Concerns and Pitfalls (06:42) The Effects of Higher Costs (08:38) Fixed Income in Asset Allocation (09:25) Opportunities in European Investment Grade Credit (11:11) Deconstructing the Central Banks (15:00) Thinking about the US Fixed Income Markets (16:54) Selectivity is Key to Fixed Income Investing (22:39) Thoughts on Emerging Markets Debt (24:03) What to Know about Municipals (26:16) Dispersion, Correlation, and Macro Trends This material is intended for investment professional use only and not intended for retail investors. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. No securities commission or similar regulatory authority in Canada has reviewed this communication; Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries.
Ann Lipton, associate professor of business law and entrepreneurship at Tulane University, joins the Business Scholarship Podcast to discuss her essay Inside Out (or, One State to Rule them All): New Challenges to the Internal Affairs Doctrine. In this essay, Lipton observes a trend in which internal-affairs doctrine, via forum-selection bylaws, encroaches on substantive fields outside its corporate-governance heartland. This trend includes employment and securities disputes. She identifies concerns with this trend, including undermining states' non-corporate regulatory policies and forcing disputes, like claims under the Exchange Act, into fora that lack subject-matter jurisdiction to hear them. This episode is hosted by Andrew Jennings, assistant professor at Brooklyn Law School, with editing by Steven Rozenfeld, a third-year student at Brooklyn Law School.
In the Strategist's Corner Season 2 premiere, CEO Mike Roberge joins Rob Almeida, Global Investment Strategist, in this podcast to chat about where we are in the economic cycle, the dramatically shifting investment landscape and how active managers can potentially capitalize on these shifts. (00:00) - (00:37) Introduction (00:37) - (05:42) Looking Through 2023 into the Next Cycle (05:42) - (07:00) A Read on Policy and Rates (07:00) - (09:18) Companies Rethinking Capital Deployment (09:18) - (11:41) The Return of Asset Allocation (11:41) - (12:51) Reflections of a Veteran Investor (12:51) - (14:08) The Time Horizon Advantage (14:08) - (14:52) Renaissance of Active Management (14:52) Zombie Companies and the Role of Active This material is intended for investment professional use only and not intended for retail investors. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. No securities commission or similar regulatory authority in Canada has reviewed this communication; Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries.
In this year-end Strategist's Corner podcast, Rob Almeida and Chief Economist Erik Weisman discuss how most market and economic forecasts in 2022 were wrong and what the next business cycle could bring for risk assets over the next 2 to 3 years. (00:24) - Chapter 1 - Episode Overview (00:49) - Chapter 2 - Economic Forecasting: Hubris or Confidence? (04:34) - Chapter 3 - Be Careful of What You Think You Know (06:45) - Chapter 4 - Potential Effects of a Paradigm Shift (11:01) - Chapter 5 - Risk Assets in the Next Business Cycle (15:08) - Chapter 6 - Central Banks and Moral Hazard (17:28) - Chapter 7 - Looking Beyond 2023 (21:44) - Chapter 8 - Reads and Thoughts to Close 2022 This material is intended for investment professional use only and not intended for retail investors. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. No securities commission or similar regulatory authority in Canada has reviewed this communication; Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries.
Phil Burgerner and Qi Guan from our asset-backed securities (ABS) team join Rob Almeida, Global Investment Strategist, to dive into ABS, market conditions, the strength of the consumer and relative valuations between ABS and corporate bonds. This material is intended for investment professional use only and not intended for retail investors. The views expressed are those of the speaker and are subject to change at any time. These views are for informational purposes only and should not be relied upon as a recommendation to purchase any security, or as an offer of securities or investment advice. No forecast can be guaranteed. Past performance is no guarantee of future results. Please keep in mind that a sustainable investing approach does not guarantee positive results and all investments, including those that integrate ESG considerations into the investment process, carry a certain amount of risk including the possible loss of the principal amount invested. Distributed by: U.S. – MFS Institutional Advisors, Inc., MFS Investment Management and MFS Fund Distributors, Inc.; Latin America – MFS International Ltd.; Canada – MFS Investment Management Canada Limited. No securities commission or similar regulatory authority in Canada has reviewed this communication; Note to UK and Switzerland readers: Issued in the UK and Switzerland by MFS International Limited, a private limited company registered in England and Wales with the company number 03062718, and authorised and regulated in the conduct of investment business by the UK Financial Conduct Authority. MIL UK, an indirect subsidiary of MFS®, has its registered office at One Carter Lane, London, EC4V 5ER. Note to Europe readers: Issued in Europe by MFS Investment Management S.à r.l. – authorized under Luxembourg law as a management company for Funds domiciled in Luxembourg and which both provide products and investment services to institutional investors and is registered office is at S.a r.l. 4 Rue Albert Borschette, Luxembourg L-1246. Tel: 352 2826 12800. This material shall not be circulated or distributed to any person other than to professional investors and should not be relied upon or distributed to persons where such reliance or distribution would be contrary to local regulation; Singapore – MFS International Singapore Pte. Ltd.; Australia/New Zealand - MFS International Australia Pty Ltd holds an Australian financial services licence number 485343. MFS Australia is regulated by the Australian Securities and Investments Commission.; Hong Kong - MFS International Limited, a private limited company licensed and regulated by the Hong Kong Securities and Futures Commission. MIL HK is approved to engage in dealing in securities and asset management regulated activities and may provide certain investment services to "professional investors" as defined in the Securities and Futures Ordinance.; For Professional Investors in China – MFS Financial Management Consulting Co., Ltd. 2801-12, 28th Floor, 100 Century Avenue, Shanghai World Financial Center, Shanghai Pilot Free Trade Zone, 200120, China, a Chinese limited liability company registered to provide financial management consulting services.; Japan - MFS Investment Management K.K., is registered as a Financial Instruments Business Operator, Kanto Local Finance Bureau No.312, a member of the Investment Trust Association, Japan and the Japan Investment Advisers Association. As fees to be borne by investors vary depending upon circumstances such as products, services, investment period and market conditions, the total amount nor the calculation methods cannot be disclosed in advance. All investments involve risks, including market fluctuation and investors may lose the principal amount invested. Investors should obtain and read the prospectus and/or document set forth in Article 37-3 of Financial Instruments and Exchange Act carefully before making the investments. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries.
On November 7, 2022, the U.S. Supreme Court heard oral argument in Michelle Cochran v. U.S. Securities and Exchange Commission. In April 2016, the Securities and Exchange Commission (SEC) brought an enforcement action against Michelle Cochran, a certified public accountant, alleging that she had failed to comply with federal auditing standards. A SEC administrative law judge (ALJ) determined Cochran had violated federal law, fined her $22,500, and banned her from practicing before the SEC for five years. The SEC adopted the ALJ's decision, and Cochran objected.Before the SEC could rule on Cochran's objection, the Supreme Court decided Lucia v. SEC, in which it held that SEC ALJs are officers of the United States under the Appointments Clause, who must be appointed by the President, a court of law, or a department head. In response to the Lucia ruling, the SEC remanded all pending administrative cases for new proceedings before constitutionally appointed ALJs, including Cochran's. Cochran filed a federal lawsuit arguing that while Lucia may have addressed one constitutional issue with ALJs, it left uncorrected another problem: because SEC ALJs enjoy multiple layers of "for-cause" removal protection, they are unconstitutionally insulated from the President's Article II removal power. The district court dismissed her case for lack of subject-matter jurisdiction based on five circuit courts of appeal ruling that the Exchange Act implicitly stripped district courts of the jurisdiction to hear challenges to ongoing SEC enforcement proceedings. Arguing that in 2010, the Supreme Court had unanimously ruled in Free Enterprise Fund that nothing in the Exchange Act stripped federal court jurisdiction either explicitly, or implicitly, Cochran appealed to the U.S. Court of Appeals for the Fifth Circuit. A three judge panel affirmed the dismissal 2-1, but later, the Fifth Circuit sitting en banc, reversed 9-7, holding that Cochran had district court jurisdiction to bring her challenge to the SEC ALJ's removal protections. Tune in to hear a breakdown of the oral argument.
On November 7, 2022, the U.S. Supreme Court will hear oral argument in Michelle Cochran v. U.S. Securities and Exchange Commission. In April 2016, the Securities and Exchange Commission (SEC) brought an enforcement action against Michelle Cochran, a certified public accountant, alleging that she had failed to comply with federal auditing standards. A SEC administrative law judge (ALJ) determined Cochran had violated federal law, fined her $22,500, and banned her from practicing before the SEC for five years. The SEC adopted the ALJ's decision, and Cochran objected. Before the SEC could rule on Cochran's objection, the Supreme Court decided Lucia v. SEC, in which it held that SEC ALJs are officers of the United States under the Appointments Clause, who must be appointed by the President, a court of law, or a department head. In response to the Lucia ruling, the SEC remanded all pending administrative cases for new proceedings before constitutionally appointed ALJs, including Cochran's. Cochran filed a federal lawsuit arguing that while Lucia may have addressed one constitutional issue with ALJs, it left uncorrected another problem: because SEC ALJs enjoy multiple layers of "for-cause" removal protection, they are unconstitutionally insulated from the President's Article II removal power. The district court dismissed her case for lack of subject-matter jurisdiction based on five circuit courts of appeal ruling that the Exchange Act implicitly stripped district courts of the jurisdiction to hear challenges to ongoing SEC enforcement proceedings. Arguing that in 2010, the Supreme Court had unanimously ruled in Free Enterprise Fund that nothing in the Exchange Act stripped federal court jurisdiction either explicitly, or implicitly, Cochran appealed to the U.S. Court of Appeals for the Fifth Circuit. A three judge panel affirmed the dismissal 2-1, but later, the Fifth Circuit sitting en banc, reversed 9-7, holding that Cochran had district court jurisdiction to bring her challenge to the SEC ALJ's removal protections. The case is set to be argued on Nov 7, 2022. We will break down the oral argument for this case on the next day, November 8, 2022. Featuring:--Margaret A. Little, Senior Litigation Counsel, New Civil Liberties Alliance