Podcasts about exchange act

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Best podcasts about exchange act

Latest podcast episodes about exchange act

Tech Path Podcast
Japan Lowers XRP Taxes!

Tech Path Podcast

Play Episode Listen Later Mar 7, 2025 12:48


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!

Strategist’s Corner
Evolution of the Consumer Staples Sector

Strategist’s Corner

Play Episode Listen Later Feb 14, 2025 20:25


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.

All  Angles
AI, Human Rights and ESG Metrics: 3 Top Moments from Season 3

All Angles

Play Episode Listen Later Dec 19, 2024 30:27


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.

EZ News
EZ News 11/26/24

EZ News

Play Episode Listen Later Nov 26, 2024 5:52


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----

All  Angles
Beyond the Bottom Line: Investing with a Social Lens

All Angles

Play Episode Listen Later Nov 12, 2024 29:40


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.

Supreme Court Opinions
Macquarie Infrastructure Corp. v. Moab Partners, L. P.

Supreme Court Opinions

Play Episode Listen Later Sep 26, 2024 10:56


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

All  Angles
Thinking Ahead: Embracing Systems Theory to Transform the Investment World

All Angles

Play Episode Listen Later Sep 13, 2024 37:13


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.

All  Angles
Aggregate Confusion: Understanding ESG Metrics with Professor Roberto Rigobon

All Angles

Play Episode Listen Later Jul 15, 2024 34:18


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.

All  Angles
State of Play: Effective Stewardship and Reaching Net Zero

All Angles

Play Episode Listen Later Jun 13, 2024 30:35


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.

Administrative Static Podcast
NCLA Asks en Banc Fifth Circuit to Vacate Legally Defective Nasdaq Board Diversity Rules

Administrative Static Podcast

Play Episode Listen Later May 22, 2024 12:30


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.

Strategist’s Corner
The Evolution of the Consumer Staples Sector

Strategist’s Corner

Play Episode Listen Later May 22, 2024 20:26


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.

All  Angles
Global Infrastructure: Putting Money to Work in Public Equities

All Angles

Play Episode Listen Later May 15, 2024 39:41


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.

MoFo Perspectives Podcast
Above Board: SEC Enforcement - Control Violations and Compliance Best Practices

MoFo Perspectives Podcast

Play Episode Listen Later May 14, 2024 25:47


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.

Strategist’s Corner
Signs of the Time: Making Sense of a World in Transition

Strategist’s Corner

Play Episode Listen Later Apr 12, 2024 35:28


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. 

All  Angles
Natural Capital: Practical Ways to Assess Financial Materiality for Companies

All Angles

Play Episode Listen Later Apr 2, 2024 39:34


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. 

All  Angles
AI Tipping Point: A Deep Dive into Semiconductors

All Angles

Play Episode Listen Later Mar 4, 2024 27:22 Transcription Available


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.   

All  Angles
Simplicity and Complexity: Striking a Balance in Sustainable Investing

All Angles

Play Episode Listen Later Feb 5, 2024 32:17


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.

Strategist’s Corner
Three Out of Four Ain't Bad

Strategist’s Corner

Play Episode Listen Later Feb 5, 2024 32:49


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. 

Teleforum
A Seat at the Sitting - January 2024

Teleforum

Play Episode Listen Later Jan 9, 2024 83:08


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

All  Angles
Wrap Up: All Angles Season 2 Insights and Reflections

All Angles

Play Episode Listen Later Dec 11, 2023 48:27


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.

To the Extent That...
Venture Capital - Episode 20 - Alexander Platt

To the Extent That...

Play Episode Listen Later Oct 24, 2023 35:50


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.

The Cyberlaw Podcast
Will CISOs Have to Choose Between Getting Rich or Going to Jail?

The Cyberlaw Podcast

Play Episode Listen Later Oct 17, 2023 44:46


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.  

The Cyberlaw Podcast
Will CISOs Have to Choose Between Getting Rich or Going to Jail?

The Cyberlaw Podcast

Play Episode Listen Later Oct 17, 2023 44:46


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.  

All  Angles
Authentic DEI: Making it Personalized, Actionable and Transparent

All Angles

Play Episode Listen Later Sep 26, 2023 44:11


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.  

Strategist’s Corner
Local Currency EMD: Uncovering a New Opportunity Set

Strategist’s Corner

Play Episode Listen Later Aug 1, 2023 16:56


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.

Law School
United States Corporate Law: Part 3

Law School

Play Episode Listen Later Jul 21, 2023 10:56


While the board of directors is generally conferred the power to manage the day-to-day affairs of a corporation, either by the statute, or by the articles of incorporation, this is always subject to limits, including the rights that shareholders have. For example, the Delaware General Corporation Law §141(a) says the "business and affairs of every corporation ... shall be managed by or under the direction of a board of directors, except as may be otherwise provided in this chapter or in its certificate of incorporation." However, directors themselves are ultimately accountable to the general meeting through the vote. Invariably, shareholders hold the voting rights, though the extent to which these are useful can be conditioned by the constitution. The DGCL §141(k) gives an option to corporations to have a unitary board that can be removed by a majority of members "without cause" (for example a reason determined by the general meeting and not by a court), which reflects the old default common law position. However, Delaware corporations may also opt for a classified board of directors (for example where only a third of directors come up for election each year) where directors can only be removed "with cause" scrutinized by the courts. More corporations have classified boards after initial public offerings than a few years after going public, because institutional investors typically seek to change the corporation's rules to make directors more accountable. In principle, shareholders in Delaware corporations can make appointments to the board through a majority vote, and can also act to expand the size of the board and elect new directors with a majority. However, directors themselves will often control which candidates can be nominated to be appointed to the board. Under the Dodd-Frank Act of 2010, §971 empowered the Securities and Exchange Commission to write a new SEC Rule 14a-11 that would allow shareholders to propose nominations for board candidates. The Act required the SEC to evaluate the economic effects of any rules it wrote, however when it did, the Business Roundtable challenged this in court. In Business Roundtable v SEC, Ginsburg J in the DC Circuit Court of Appeals went as far to say that the SEC had "acted arbitrarily and capriciously" in its rulemaking. After this, the Securities and Exchange Commission failed to challenge the decision, and abandoned drafting new rules. This means that in many corporations, directors continue to have a monopoly on nominating future directors. Apart from elections of directors, shareholders' entitlements to vote have been significantly protected by federal regulation, either through stock exchanges or the Securities and Exchange Commission. Beginning in 1927, the New York Stock Exchange maintained a "one share, one vote" policy, which was backed by the Securities and Exchange Commission from 1940. This was thought to be necessary to halt corporations issuing non-voting shares, except to banks and other influential corporate insiders. However, in 1986, under competitive pressure from NASDAQ and AMEX, the NYSE sought to abandon the rule, and the SEC quickly drafted a new Rule 19c-4, requiring the one share, one vote principle. In Business Roundtable v SEC the DC Circuit Court of Appeals struck the rule down, through the exchanges and the SEC subsequently made an agreement to regulate shareholder voting rights "proportionately". Today, many corporations have unequal shareholder voting rights, up to a limit of ten votes per share. Stronger rights exist regarding shareholders' ability to delegate their votes to nominees, or doing "proxy voting" under the Securities and Exchange Act of 1934. Its provisions were introduced to combat the accumulation of power by directors or management friendly voting trusts after the Wall Street Crash. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

All  Angles
Season 2 Episode 5 - Governance Matters: Assessing Sustainability in Emerging Market Debt

All Angles

Play Episode Listen Later Jul 20, 2023 34:20


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.

Strategist’s Corner
A Mid-Year Conversation on the Economy

Strategist’s Corner

Play Episode Listen Later Jul 20, 2023 21:35


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.

Law School
United States Corporate Law: Part I

Law School

Play Episode Listen Later Jun 30, 2023 11:25


United States corporate law regulates the governance, finance and power of corporations in US law. Every state and territory has its own basic corporate code, while federal law creates minimum standards for trade in company shares and governance rights, found mostly in the Securities Act of 1933 and the Securities and Exchange Act of 1934, as amended by laws like the Sarbanes–Oxley Act of 2002 and the Dodd–Frank Wall Street Reform and Consumer Protection Act. The US Constitution was interpreted by the US Supreme Court to allow corporations to incorporate in the state of their choice, regardless of where their headquarters are. Over the 20th century, most major corporations incorporated under the Delaware General Corporation Law, which offered lower corporate taxes, fewer shareholder rights against directors, and developed a specialized court and legal profession. Nevada has attempted to do the same. Twenty-four states follow the Model Business Corporation Act, while New York and California are important due to their size. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

The Cyberlaw Podcast
Sen. Schumer Tackles AI Regulation

The Cyberlaw Podcast

Play Episode Listen Later Jun 28, 2023 46:20


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.

The Cyberlaw Podcast
Sen. Schumer Tackles AI Regulation

The Cyberlaw Podcast

Play Episode Listen Later Jun 28, 2023 46:20


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.

Strategist’s Corner
Artificial Intelligence: The Next Technological Tectonic Shift?

Strategist’s Corner

Play Episode Listen Later Jun 26, 2023 16:15


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.  

All  Angles
Season 2, Episode 4 - Grow the Pie: Finding a Win-Win for Investors and Society

All Angles

Play Episode Listen Later Jun 5, 2023 40:40


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.

Minimum Competence
Thurs 5/25 - TD Bank Shareholder Suit, Oath Keeper Sentenced, ADA Circuit Split (?) and a New Bar Exam

Minimum Competence

Play Episode Listen Later May 25, 2023 7:37


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

All  Angles
Season 2, Episode 3 - Polycrisis Prep: One Solution Doesn't Fit All Companies

All Angles

Play Episode Listen Later May 11, 2023 47:24


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.

Strategist’s Corner
Preparing for the New Paradigm Facing Investors

Strategist’s Corner

Play Episode Listen Later May 4, 2023 28:01


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
Meet the Securities and Exchange (and Human Resources) Commission

The Justice Insiders: Giving Outsiders an Insider Perspective on Government

Play Episode Listen Later Apr 28, 2023 22:32


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.

All  Angles
Go Long: Playing a Bigger Game

All Angles

Play Episode Listen Later Apr 24, 2023 32:37


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. 

Accounting Matters
AM Now 4.18: Update on PCAOB Inspection Plans and the SEC's Definition of “Exchange”

Accounting Matters

Play Episode Listen Later Apr 18, 2023 7:28


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.

Strategist’s Corner
Taking a Low-Volatility Equity Approach in Good Times and Bad

Strategist’s Corner

Play Episode Listen Later Apr 17, 2023 22:47


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.

FTM Alerts Presents
DAILY LIVE: WATCH OUT for Bitcoins Next MOVE, NEW SEC EXCHANGE ACT RULE, Shaquille O'Neal Gets SERVED!

FTM Alerts Presents

Play Episode Listen Later Apr 17, 2023 71:01


CRYPTO NEWS TODAY! WATCH out for Bitcoins Next MOVE, as Bitcoin loses $30K support and heads down, what type of retracement could we see from #Bitcoin? SEC exchange act rule reopens comment period for Exchange Act 3b-16. Solana Smart phone, is this a huge gamble with huge potential upside? Shaquille O'Neal Gets SERVED for his role in promoting FTX Exchange after months of avoiding the class action lawsuit. The Winkelvoss twins, owners of Gemini Exchange, infuse the exchange with $100 MILLION of personal funds as banking partners are increasingly hard to find in the United States, what are the potential impacts? TIMESTAMPS: 00:00 LIVE DAILY 12PM EST 2:36 Tax Day is Here in the US 5:30 Bitcoin Price Action 15:00 'BTC Could Peak at $45K In May' | Hated Rally 23:20 ETH Price | Withdrawal Rates? 29:00 KyberSwap | Elastic Pool Vulnerabilities 32:20 Solana Smart Phone | Will It Pay Off? 48:30 Exchange Act Rule | SEC Reopens Amendments 1:05:10 FTX Lawsuits | Celebrities Getting Served 1:09:00 LIKE THE VIDEO! Nothing you read/see on Blockbytes YouTube or blockbytes.com should be considered financial advice. Please use all of the information available to you and do your own research. There are many risks inherent with Crypto currency investing which includes up to complete loss of funds. So please never invest with money you cannot afford to lose. All of Blockbytes content is for entertainment purposes only and the opinions of the presenters and guests do not necessarily reflect the views of Blockbytes LLC. Nothing you see in any of the blockbytes content should be considered a solicitation to buy or sell any assets. Any links of which Blockbytes receives a commission will be clearly marked as such. If you like the content that we produce and can use the products then please consider using our referral links above.

All  Angles
Culture Wars: Rising Above the Politicization of ESG

All Angles

Play Episode Listen Later Mar 24, 2023 41:01


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.    

Strategist’s Corner
Fixed Income 2023: Finding Opportunities and Managing Risks

Strategist’s Corner

Play Episode Listen Later Mar 21, 2023 30:19


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.

Beyond Bitcoin
Beyond Bitcoin Ep 75 (audio) -Seeking regulation direction from the 89-year-old US Security Exchange Act for DEX's DAO's DLT's and highly fungible global digital currencies...

Beyond Bitcoin

Play Episode Listen Later Mar 8, 2023 37:21


Seeking regulation direction from the 89-year-old US Security Exchange Act for DEX's DAO's DLT's and highly fungible global digital currencies may leave the US well behind.   Since the first SEC action in July 2013, the SEC has brought a total of 127 cryptocurrency-related enforcement actions as of December 31, 2022.  In 2023 the SEC appear to be trying to set legal precedents to enact variations to the law using these outdated regulations.  Where to from here for the USA and what opportunities will arise in other more progressive jurisdictions like Switzerland and Singapore?  

Beyond Bitcoin
Beyond Bitcoin Ep 75 (video) -Seeking regulation direction from the 89-year-old US Security Exchange Act for DEX's DAO's DLT's and highly fungible global digital currencies...

Beyond Bitcoin

Play Episode Listen Later Mar 8, 2023 37:21


Seeking regulation direction from the 89-year-old US Security Exchange Act for DEX's DAO's DLT's and highly fungible global digital currencies may leave the US well behind.   Since the first SEC action in July 2013, the SEC has brought a total of 127 cryptocurrency-related enforcement actions as of December 31, 2022.  In 2023 the SEC appear to be trying to set legal precedents to enact variations to the law using these outdated regulations.  Where to from here for the USA and what opportunities will arise in other more progressive jurisdictions like Switzerland and Singapore?  

Business Scholarship Podcast
Ep.176 – Ann Lipton on the Internal-Affairs Doctrine

Business Scholarship Podcast

Play Episode Listen Later Mar 6, 2023 31:16


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.

Strategist’s Corner
From Asset Allocation to Zombie Companies: A Conversation with CEO Mike Roberge

Strategist’s Corner

Play Episode Listen Later Feb 2, 2023 15:14


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. 

Strategist’s Corner
Episode 12 - Looking into 2023: Be Careful of What You Think You Know

Strategist’s Corner

Play Episode Listen Later Dec 20, 2022 23:16


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.

Strategist’s Corner
Episode 11: Exploring Asset-Backed Securities and What They Tell Us About the Health of the US Consumer

Strategist’s Corner

Play Episode Listen Later Dec 12, 2022 29:49


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.

SCOTUScast
SEC v. Cochran - Post-Argument SCOTUScast

SCOTUScast

Play Episode Listen Later Dec 7, 2022 28:40


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.

Teleforum
Courthouse Steps Oral Argument: SEC v. Cochran

Teleforum

Play Episode Listen Later Nov 22, 2022 56:26


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

All  Angles
Episode 8 - Kindness Begets: The Power of Avoidance in Fixed Income

All Angles

Play Episode Listen Later Sep 21, 2022 46:39


Can fixed income investors influence the behavior of issuers? In Episode 8 of the All Angles podcast, Vish Hindocha and Mahesh Jayakumar discuss how bondholders hold power over corporates as well as sovereigns, and share the state of integrating ESG factors into the fixed income landscape.         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.

Strategist’s Corner
Episode 10: Recession Risks and How the Dust Could Settle­

Strategist’s Corner

Play Episode Listen Later Sep 2, 2022 19:54


In this podcast, Rob Almeida, Global Investment Strategist, and Erik Weisman, Chief Economist and Portfolio Manager, discuss recession scenarios, what the next business cycle may bring and how they're thinking about portfolio positioning.   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.

Strategist’s Corner
Episode 9 - It's Alive! The World of Life Sciences and Diagnostic Supply Chains

Strategist’s Corner

Play Episode Listen Later Aug 23, 2022 21:25


In this podcast, Rob Almeida, global investment strategist, and Nick Demko, equity analyst, discuss characteristics of and opportunities in the life sciences and diagnostics supply chains as well as genome research and its impact on diseases, treatments and ultimately lifespans. (00:55) - Becoming an Equity Analyst (03:12) - Lessons for Up and Coming Investors (06:20) - Life Sciences & Diagnostic Supply Chains (11:32) - Owning Picks and Shovels (13:05) - Investing During a Pandemic (15:06) - Today's Investment Landscape (18:49) - Genomic Democratization       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.

Strategist’s Corner
Episode 8 - Direct Lending to Consumer Loans: What Scares Us Today

Strategist’s Corner

Play Episode Listen Later Aug 15, 2022 20:37


In Episode 8 of the Strategist's Corner Podcast, Rob Almeida, Global Investment Strategist, Bank Equity Analyst Andrew Quatrale and Bank Credit Analyst Patrick Londergan discuss today's bank and loan environment and its similarities and differences to the global financial crisis.   (00:56) - A Bank Equity Analyst's Viewpoint (03:16) - Risks of Yesterday and Today (05:37) - Corporate Leverage Across Cycles (12:05) - A Word on Consumer Activity (14:02) - 3rd and 4th Order Risk Effects (17:08) - A Lack of Transparency Story (18:32) - What Lies 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. 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. 

Strategist’s Corner
Episode 7 - Complacency to Capitulation: Navigating Risks and Finding Opportunities in Global Bond Markets

Strategist’s Corner

Play Episode Listen Later Jul 22, 2022 38:45


Rob Almeida, global investment strategist, and global fixed income portfolio manager Pilar Gomez-Bravo explore risks in today's global bond markets and how we seek to capitalize on changing market dynamics to drive long-term value.     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.

Strategist’s Corner
Episode 6 - The Municipal Bond Outlook: What's Up With State and Local Tax Receipts?

Strategist’s Corner

Play Episode Listen Later Jul 14, 2022 18:18


In this podcast episode, Municipal Bond Analyst Tom Compton joins Rob Almeida, Global Investment Strategist, to explore the fundamental credit strength of state and local municipal issuers and what could potentially derail their revenues.   (00:32) Life of a Muni Bond Analyst   (04:58) The State of State Revenues   (07:53) Sources of State Revenue Strength   (09:24) Federal Aid Effects   (11:20) Equity Volatility and State Pensions   (13:55) Local Government Resilience   (16:31) The Muni Markets Going 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.

Strategist’s Corner
Episode 5 - Blue Suits and Greenflation: Exploring ESG Integration­

Strategist’s Corner

Play Episode Listen Later Jun 30, 2022 22:18


Rob Almeida, global investment strategist, and fixed income ESG analyst Mahesh Jayakumar discuss in this podcast episode how ESG is simply another input into our bottom-up fixed income process, as well as what greenflation is and its impact.     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. ("MFSI"), 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 (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. Unless otherwise indicated, logos, product and services names are trademarks of MFS and its affiliates and may be registered in certain countries.

Two Minutes in Trade
Two Minutes in Trade - SEC Proposing Amendments to It's Security Act of 1933 and Security Exchange Act of 1934

Two Minutes in Trade

Play Episode Listen Later Jun 10, 2022 3:27


Is your supply chain tracking climate/related information? Are you ready for the new proposed SEC filing rule?  Learn more on today's Two Minutes In Trade.

Fortune Teller Podcast
Regulated Exchange with Jay Fraser

Fortune Teller Podcast

Play Episode Listen Later Apr 22, 2022 37:50


Today's guest on the Fortune Teller Podcast is Jay Fraser, Head of Strategy for BSTX. The goal of BSTX, a regulated exchange, is to make a way for a public exchange that is less tangled and with less resistance. BSTX is powered by tZERO technology and is jointly owned by BOX Digital Markets and tZERO. At the moment, the way to take a company public is complex and the benefits for small businesses does not always surpass the expenses that are involved with taking the business public. While the technological advancements have brought a lot of progression, it has overlooked the chance to improve on the process. Current technology companies are still following the procedures to go public in a near congruent method that the old rail and industrial companies have used for decades, which is a complicated and ineffective process. BSTX will use blockchain for making an easy exchange with price discovery to potentially encourage more firms to go public, allowing them to reach new investors. In return, investors profit in gaining admittance to previously closely held assets. A regulated exchange, like BSTX, allows for the future to better the current incumbent options and permit the offering of price discovery, corporate governance and investor protection, and a simpler path to an IPO. A securities exchange is open to all individuals and not limited to merely accredited and institutional investors. This provides issuers exposure to a larger number and a more diverse amount of investors. BSTX will operate as a facility of BOX Exchange LLC, a national securities exchange that is registered with the Securities Exchange Commission. BSTX shall be a fully automated, price/time priority execution system for the trading of select equity securities, such as exchange traded products (“ETPs”). The current system for companies to take their firms public, like via IPO (Initial Public Offering) is way too complicated to navigate and often too expensive for the average small to medium business owner to use. The entire process does not lend itself to smaller firms seeking investors. BSTX will make a way for them to publicly list their shares that is less complicate and with less resistance. Securities traded on BSTX will usually be obligatory in being registered with the SEC under both Section 12 of the Exchange Act and Section 6 of the Securities Act of 1933. To become a BSTX Participant, the applicant will complete a BSTX Participant Application to be approved by BOX Exchange. Upon approval, the participant will start the onboarding process with the technical team. For more: https://bstx.com/ https://twitter.com/bstxllc https://www.linkedin.com/company/bstx-llc/ -- The Fortune Teller podcast is a discussion between industry leaders in blockchain and financial technologies. The podcast focuses on the development of blockchain-based financial services and outlines the current state of the industry and future predictions for the adoption of decentralized finance. Go to www.teller.finance/

Teleforum
Cochran v. SEC: Vindicating Article III Jurisdiction over the Structural Constitution and ALJs

Teleforum

Play Episode Listen Later Feb 3, 2022 54:49


In Cochran v. SEC the Fifth Circuit court of appeals sitting en banc opened the doors of federal district courts in Texas, Mississippi and Louisiana to constitutional challenges to agency administrative law judges (ALJs) who enjoy multiple layers of protection from removal. This means that persons administratively charged by the SEC will no longer have to first endure years of pointless administrative proceedings before judges they claim are unconstitutional. By contrast, in six other circuits (Second, Fourth, Seventh, Eleventh, D.C. and Ninth), administrative agencies such as the SEC and FTC can instigate unconstitutional proceedings and evade judicial review by an Article III court for years on end. Defendants are thereby forced to settle or bankrupted before ever receiving meaningful judicial review.Cochran is not only a groundbreaking course-correction vindicating Americans' access to Article III courts for redress of their constitutional rights, but it creates a circuit split that may well prompt Supreme Court review. The Fifth Circuit, by a 9-7 vote (Haynes, Jones, Smith, Elrod, Willett, Duncan, Engelhardt, Oldham and Wilson) held that § 78y of the Exchange Act neither explicitly nor implicitly stripped jurisdiction from federal courts to hear this challenge.Judge Oldham, joined by Judges Smith, Willett, Duncan, Engelhardt and Wilson, concurred separately in a remarkable opinion that set forth the origins of the administrative state in § 78y's transfer of power “far away from the three branches of government the Founders worked so hard to create, separate and balance … [a]nd … as far away from democracy and universal suffrage as possible.” They said that critical disjuncture has allowed “administrative agencies to operate in a separate, anti-constitutional, and anti-democratic space—free from pesky things like law and an increasingly diverse electorate.”Please join Peggy Little, Senior Litigation Counsel of the New Civil Liberties Alliance (NCLA), who argued the en banc, and Gregory Garre, former U.S. Solicitor General and now partner at Latham & Watkins, who worked with another NCLA client in 2020 on a petition for certiorari to the Supreme Court on this point, for a discussion of this landmark decision and the concurrence's open engagement with administrative power. Peggy and Greg will discuss how this structural constitutional question was litigated in district courts in California, Texas and the Fifth, Ninth and Eleventh Circuits, what the Fifth Circuit got right that so many other circuits got wrong, and how this separation of powers question might reach the Supreme Court in the near future. Featuring: --Peggy Little, Senior Litigation Counsel, New Civil Liberties Alliance --Gregory Garre, Partner, Latham & Watkins

Administrative Static Podcast
NCLA Wins Major Fifth Circuit en Banc Decision Versus SEC

Administrative Static Podcast

Play Episode Listen Later Dec 18, 2021 25:00


NCLA Wins Major Fifth Circuit en Banc Decision Versus SEC In a major victory for NCLA, the full Fifth Circuit bench ruled that Texas accountant Michelle Cochran has the right to challenge the constitutionality of her Administrative Law Judge's (ALJ) removal protections in federal court before undergoing an administrative adjudication. NCLA represents Ms. Cochran in Michelle Cochran v. Securities and Exchange Commission. We applaud this decision, which will allow our client to plead her case before a real Article III federal court rather than be subjected to an endless series of unlawful agency hearings. At issue before the en banc panel was whether a provision of the Securities Exchange Act of 1934 implicitly strips federal district courts of subject-matter jurisdiction to hear structural constitutional claims. Judge Haynes's opinion, joined by eight others, reverses and remands the district court's reluctantly adverse decision. Her decision for the court holds that Section 78y of the Securities and Exchange Act of 1934 neither explicitly nor implicitly strips federal district courts of jurisdiction to decide Article II removal questions.  See omnystudio.com/listener for privacy information.

Josh on Narro
Email Fwd: Money Stuff: The SEC Has Big Plans

Josh on Narro

Play Episode Listen Later Dec 16, 2021 43:16


Programming note: Money Stuff will be off tomorrow, back on Monday. We are well into the holiday season, which means that people are wrapping up work ... 10b5-1 plansstock buybacksmoney market fundsswapsthe SEC’s proposed rules was wavecontroversyyears about category stuffsort of wonderful Literally the Pope made noises foreverthe SEC’s proposalthe SECcomplains about “orphaning” the old CDS swaps might get aroundproposed one the Archegos story published a very thorough and embarrassing reportSection 13(d) of the Exchange Actpushing for this basic issueRule 10b5-1(c) theoretically possible to game themInsteadsays the SECproposed new stock buyback disclosure rulesproposed rules everything is securities fraudamendments to money market fund rules pointed out the pastcanonical approachesa Credit Building product Files for IPO TPG Pumping Reddit StockIs Closing Vanishes Loses Ruling Win Your Old Job Backfines GAMloan limit guidanceJumps Into Web3 Silence Its Criticsscamblack bin liners of cashbought for $30not to make cheesecake NFTsubscribe at this linkheresays the SECthis 2016 Davis Polk memonet short debt activismthe Aurelius/Windstream situationcooling-off period under Rule 10b5-1Modigliani and Miller

RIMScast
Risk Management in Japan with Kirk Andersen

RIMScast

Play Episode Listen Later Oct 19, 2021 26:22


Welcome to RIMScast. Your host is Justin Smulison, Business Content Manager at RIMS, the Risk and Insurance Management Society.   This week, Justin Smulison is joined by Kirk Andersen, the Global Risk Manager at Tsubakimoto Chain Co., a company based in Japan. He has over 13 years of experience working in a variety of translation, planning, and risk management roles; five years of experience working in Japanese local governments, and over 20 years of Japanese corporate/governmental experience. His career history is deeply fascinating and demonstrates how a love of linguistics and travel has brought him to the risk profession and Japan.   In this episode, Kirk shares all about his career experience with risk management in Japan. As the first risk professional based in Japan to earn the RIMS-CRMP, he also speaks about his inspiration to pursue the certification and how he believes it can positively impact professionals in the country.   Key Takeaways: [:01] About RIMS' Global Membership. [:26] About today's episode with Kirk Andersen. [:32] Upcoming RIMS current virtual offerings. [:56] How to register for the upcoming RIMS ERM Conference. [1:14] Other upcoming RIMS virtual conferences. [1:40] More about today's episode. [2:30] Justin welcomes Kirk Andersen to RIMScast! [2:42] Justin congratulates Kirk as the first RIMS-CRMP holder in Japan. [3:05] Kirk shares what originally brought him to both Japan and risk management. [5:42] Did Kirk find that risk management came naturally to him? [6:54] About the company Kirk works for, Tsubakimoto Chain Co., and what they produce. [8:15] The Japanese culture's approach to risk management. [9:12] Kirk shares how he meets his Japanese counterparts halfway when it comes to risk. [10:35] How did Kirk feel when he realized he would be staying in Japan for the long term? [11:30] Does Kirk have dual citizenship? [11:51] All about the upcoming RIMS webinars! [12:43] Justin welcomes Morgan O'Rourke to the podcast for a quick chat about the RIMS app! [13:09] Who can download the RIMS app? Where can you download it? [13:30] What you will find on the RIMS app. [14:06] Is the RIMS app constantly evolving? Will there be updates down the line? [14:25] How to provide feedback on your RIMS app experience. [14:41] Returning to the interview with Kirk Andersen. [14:53] In Kirk's RIMS-CRMP story (published on RIMS.org), he mentioned that part of his work involves “J-SOX” (also known as the Financial Instruments and Exchange Act). Kirk elaborates on what this is, his involvement with it, and why other risk professionals across the globe might need to know about it at some point. [19:30] What led Kirk to pursue a RIMS-CRMP certification. [20:05] How obtaining his CRMP certification has helped Kirk stay connected to risk management and risk professionals all around the world. [20:57] Has Kirk run into other risk professionals such as himself in Japan? [21:32] Kirk shares some final words of wisdom for risk professionals around the world. [22:51] About Kirk's virtual presentation at the upcoming Annual Fall Conference for the Association of Risk Management. [23:25] Justin thanks Kirk for joining RIMScast and shares some of the links to look out for in this episode's show notes!   Mentioned in this Episode: RIMS Events, Education, and Services: RIMS ERM Conference 2021 will be held Nov. 11th & 12th in NYC RIMS India 2021 — Virtual Two-Day Event! December 3rd & 4th — Register Today! RIMS Risktech Forum 2021 — Virtual Two-Day Event! December 7th & 8th — Register Today! NEW FOR MEMBERS! RIMS Mobile App RIMS Buyers Guide Kirk Andersen's RIMS-CRMP Story: First CRMP in Japan Upcoming Webinars: October 21, 2021 | “Community-Sourced Risk Research & Best Practices” | Sponsored by Vector LiveSafe October 26, 2021 | “Cyber Risk and the C-Suite” |  Presented by RIMS Path To The Boardroom October 28, 2021 | “Risking it All? Taking the Leap into Enterprise Risk Management (ERM) from RMIS” | Sponsored by Origami Risk November 1, 2021 | “Recertification: Keep Your RIMS-CRMP Active” | Presented by RIMS November 4, 2021 | “Using IoT Technology to Lower the Cost of Commercial Insurance Risk” | Sponsored by The Hartford Sponsored RIMScast Episodes: “What Could a CRO Do for Your Business?” | Sponsored by Riskonnect “Hard Reality: A Look at Rising Rates in Property & Excess Casualty” | Sponsored by AXA XL “Property Valuation Deep Dive” | Sponsored by TÜV SÜD “Property Loss Control Engineering” | Sponsored by Prudent Insurance Brokers Virtual Workshops: RIMS-CRMP Exam Prep Virtual Workshops (October 2021) — Gain an edge with the RIMS-CRMP; the only internationally accredited risk management certification! RIMS Virtual Workshops: Claims Management — Register now for Nov. 8‒9th Spencer's Risk Manager on Campus Program — Volunteer Today! Related RIMScast Episodes: “Rethinking the Impact of Disruption on ERM Tools and Processes with Ward Ching and Dr. Paul Walker” “Debt and Economic Risk with Marco Dondi” “Asian Pacific American Heritage Month 2021” “RIMS 2021 Risk Manager of the Year: Michael Harrington” “Managing and Measuring Resilience in India with Ashish Parakh of Marsh” “Deepak Padaki and the RIMS Award-Winning ERM Program at Infosys” “ERM in Shanghai, China with Robert Zhang, IKEA China Risk Management & Compliance Director” “Water Risks with Henk Ovink, Special Envoy for International Water Affairs for the Kingdom of the Netherlands” RIMS Publications, Content, and Links: RIMS Membership — Whether you are a new member or need to transition, be a part of the global risk management community! RIMS Path To The Boardroom — Visit for past webinar presentations and interviews! RIMS Virtual Workshops Upcoming RIMS Webinars On-Demand Webinars RIMS Advisory Services — Ask a Peer Risk Management Magazine Risk Management Monitor RIMS Coronavirus Information Center RIMS Risk Leaders Series — New interview with RIMS 2021 Risk Manager of the Year, Michael Harrington! RIMS-Certified Risk Management Professional (RIMS-CRMP) RIMS-CRMP Stories — New interview featuring Kirk Andersen! Spencer Educational Foundation RIMS Advocacy   Want to Learn More? Keep up with the podcast on RIMS.org and listen on iTunes. Have a question or suggestion? Email: Content@rims.org.   Join the Conversation! Follow @RIMSorg on Facebook and Twitter, and LinkedIn.   Follow up with Our Guests: Kirk Andersen's LinkedIn Morgan O'Rourke's LinkedIn   Tweetables (For Social Media Use):   “There are different theories of language. One I like is the idea that language is innate; that we … are born understanding language. … To the same extent, there's a lot of innateness to risk management. … We innately understand what our risk tolerance is.” — Kirk Andersen   “There's more to risk than just the negative side. [There's] the proactive side that you can take advantage of.” — Kirk Andersen   “Japanese companies are like a cruise ship. It takes a long time and many minor course corrections to change course, but once you're on a new course, you're on there for a long time.” — Kirk Andersen   “It's important to be able to take a step back and reformulate how you approach [risk].” — Kirk Andersen

Administrative Static Podcast
NCLA Challenges SEC's Power to Authorize Board Diversity Rules; Katie Couric Covers Up Ginsburg Comments

Administrative Static Podcast

Play Episode Listen Later Oct 16, 2021 25:00


NCLA Challenges SEC's Power to Authorize Board Diversity Rules The U.S. Securities and Exchange Commission (SEC) is receiving pushback over its recent approval of Nasdaq's Board Diversity Rules, which require all companies listed on the exchange to not only publicly disclose board diversity statistics but also explain failures to meet new diversity requirements. NCLA has filed a Petition for Review in the U.S. Court of Appeals for the Third Circuit on behalf of the National Center for Public Policy Research. NCLA's client, which owns shares in many Nasdaq companies, argues that SEC has no power to regulate in this field because the rules have nothing to do with fraud or honest markets. The diversity rules fall outside of SEC's regulatory authority under the 1934 Securities and Exchange Act, which empowered SEC to regulate securities to ensure honest markets and enforce federal laws that punish fraud. These longstanding laws are being misinterpreted today by SEC to allow the agency, working with Nasdaq, to impose a “meet quota, explain why, or get delisted” regime. Katie Couric Covers Up Ginsburg Comments Katie Couric revealed in her new book that she previously omitted portions of a quote from an interview that she did with Ruth Bader Ginsburg. Couric admitted that she did it to protect Ginsburg from public backlash by cutting out negative comments she made about people who kneel during the national anthem. See omnystudio.com/listener for privacy information.

Law School
US Corporate Law: History

Law School

Play Episode Listen Later Aug 6, 2021 9:48


United States corporate law regulates the governance, finance and power of corporations in U S law. Every state and territory has its own basic corporate code, while federal law creates minimum standards for trade in company shares and governance rights, found mostly in the Securities Act of 1933 and the Securities and Exchange Act of 1934, as amended by laws like the Sarbanes–Oxley Act of 2002 and the Dodd–Frank Wall Street Reform and Consumer Protection Act. The U S Constitution was interpreted by the U S Supreme Court to allow corporations to incorporate in the state of their choice, regardless of where their headquarters are. Over the 20th century, most major corporations incorporated under the Delaware General Corporation Law, which offered lower corporate taxes, fewer shareholder rights against directors, and developed a specialized court and legal profession. Nevada has done the same. Twenty-four states follow the Model Business Corporation Act, while New York and California are important due to their size. --- Send in a voice message: https://anchor.fm/law-school/message Support this podcast: https://anchor.fm/law-school/support

FINRA Series 22 Exam lessons
Series 22 Exam Lesson 14 The Securities and Exchange Act of 1934: 2021

FINRA Series 22 Exam lessons

Play Episode Listen Later Jun 17, 2021 10:21


Lesson 14 The Securities and Exchange Act of 1934: The Securities and Exchange Act of 1934 was a law that came in response to the Stock Market crash of 1929. It regulates the secondary market that deals in transactions between investors, instead of the primary market, which is companies to investors. This is sometimes known ... Read more

The Great Trials Podcast
GTP CLASSIC | William Applegate & Liam Duffy │Estate of Jose Larios v. Dominion Energy South Carolina f/k/a S.C. Electric & Gas Company│$21 million verdict

The Great Trials Podcast

Play Episode Listen Later Jun 1, 2021 81:46


This week we're replaying a Great Trials Podcast classic episode that originally aired in January 2020 with guests William Applegate and Liam Duffy of Yarborough Applegate (https://www.yarboroughapplegate.com/). Remember to rate and review GTP in iTunes: Click Here To Rate and Review   Case Details: Yarborough Applegate attorneys William Applegate and Liam Duffy share how they secured the largest jury verdict in Colleton County, South Carolina history for the wrongful death of landscaper Jose Larios. While trimming palm trees on Edisto Island, South Carolina, Jose screamed in pain and fell from a 25-foot ladder. Further investigation revealed hidden power lines that shocked Jose, causing him to fall and suffer fatal injuries. In this wrongful death case where the defense disputed the cause of Jose's injuries, the jury returned a verdict of $21 million in damages and assigned 90 percent of the responsibility to Dominion Energy South Carolina and 10 percent to Jose.  Click to Read/Download the Complete Trial Documents   Guest Bios: William Applegate William is a graduate of the University of South Carolina School of Law. As a law student, he received the Public Interest Law Society Grant to work in Washington, D.C., served as vice-president of the Pro Bono Board, and was a student member of the John Belton O'Neal Inn of Court. Following law school, he served as a law clerk to the Honorable James R. Barber, III, of the Fifth Judicial Circuit of the State of South Carolina, before starting a private practice with Motley Rice, one of the largest plaintiff's firms in the country.   William has represented individuals and companies as plaintiffs throughout South Carolina and the U.S. and has achieved significant recoveries on their behalf. He has experience in a variety of different legal areas and has litigated cases covering a broad spectrum, ranging from Federal Employer's Liability Act relating to occupational disease and catastrophic injuries; Jones Act personal injury; Oil Pollution Act cases relating to oil spills from container ships and oil refineries; products liability relating to unsafe products and unsafe drugs; toxic spills from railroad companies; consumer fraud class actions; commercial litigation, as well as securities fraud, derivative, deal, and misrepresentation cases under the Securities and Exchange Act. Read Full Bio   Liam Duffy Liam is a Washington, D.C. native who has called Charleston home for more than a decade. He is a proud product of the College of Charleston and is a summa cum laude graduate of the Charleston School of Law.   While in law school, Liam earned several CALI awards (highest grade) and finished in the top five of his graduating class. He was champion of the school's moot court competition and Symposium Editor of the Charleston Law Review, where he brought together the nation's top legal and medical minds for a CLE program titled “Under Further Review: A Legal Look at the World of Sports.” He also served as an extern for The Honorable C. Weston Houck, U.S. District Judge for the District of South Carolina and was selected as a student member of the James L. Petigru Inn of Court.   Prior to joining Yarborough Applegate, Liam practiced with one of Charleston's premier litigation firms, where he represented both plaintiffs and defendants in cases involving unfair trade practices, partnership, and LLC disputes, construction litigation, truck tire failure, products liability, e-Discovery, will contests, breach of contract, catastrophic personal injury, copyright infringement, and a litany of other high-stakes litigation. He has substantial first and second-chair trial experience in multi-million dollar cases and has handled all facets of complex litigation in state and federal courts.   At Yarborough Applegate, Liam draws on his varied experience to advocate for the victims (and families of victims) of catastrophic injuries, wrongful death, and other serious personal or business losses.   Liam is active in the South Carolina Bar Young Lawyers Division, where he has been recognized for his leadership as Representative for the 9th Judicial Circuit. He was also previously appointed to serve as Chair of the ABA Young Lawyers Division's Law Practice Management Committee. Liam is a member of the South Carolina Bar House of Delegates and Vice President of the Charleston Lawyers Club. Through these activities, he is actively involved with Special Olympics South Carolina, Make-A-Wish® South Carolina, and other community organizations. Read Full Bio   Show Sponsors: Legal Technology Services - LTSatlanta.com Digital Law Marketing - DigitalLawMarketing.com Harris, Lowry, and Manton - hlmlawfirm.com   Free Resources: Stages Of A Jury Trial - Part 1 Stages Of A Jury Trial - Part 2

The Securities Compliance Podcast: Compliance In Context
S2:E2 | What's New at the MSRB? | Compliance In Context

The Securities Compliance Podcast: Compliance In Context

Play Episode Listen Later May 18, 2021 60:44


Welcome back to The Securities Compliance Podcast! Today’s show is going to be a great one. In the Headlines section, we’ll review recent recommendations from multiple SEC Commissioners on how to improve access to private capital. For our interview segment, we have the distinct pleasure of speaking with Mark Kim, CEO of the Municipal Securities Rulemaking Board about the exciting developments happening at the MSRB, particularly on the technology and data side of the industry. Finally, we’ll wrap up today’s show with another edition of Outtakes where we look at a Ponzi scheme and related emergency enforcement that unfortunately for the investors involved, wasn’t something that could only be made in Hollywood. Headlines SEC Commissioners weigh in on how certain underrepresented founders and investors can get access to capital Commissioner Lee suggested the SEC evaluate how its regulations impact such communities Commissioner Peirce recommended that the SEC provide greater flexibility to the accredited investor definition and individuals serving as “finders” Interview The mission of the Municipal Securities Rulemaking Board. The pillars upholding the MSRB. Providing infrastructure to MSRB The business case for cloud migration Data privacy and information security Transition away from LIBOR and related challenges ESG in the municipal securities market Outtakes SEC issued emergency enforcement action against an alleged Ponzi scheme straight out of Hollywood Quotes: “But that's not the only thing that Congress mandated us to do. Reading the Exchange Act, Congress also mandated the MSRB to establish information systems that promote a fair and efficient market, that facilitate capital formation. And those information systems, is what I mean by our core pillar of technology. It's the technology systems that undergird the market.” “Technology is fundamentally intertwined with compliance.” Resources: Compliance in Context

The DEAL FLOW Show
What SPACs Are and Why You Want to Know

The DEAL FLOW Show

Play Episode Listen Later Jan 11, 2021 6:59


In this clip of The Deal Flow Show, Laura Anthony goes in-depth on what is perhaps the hottest investment vehicle of 2020 - Special Purpose Acquisition Company (SPAC).  She discusses what a SPAC is, how SPACs work and why SPACs are hot right now. Laura Anthony is Founding Partner of Anthony L.G. For more than two decades Laura has focused her law practice on small and mid-cap private and public companies, the OTC markets, Nasdaq, NYSE American, going public transactions, Regulation A+, mergers and acquisitions, private placement and corporate finance transactions, Exchange Act and other regulatory reporting requirements, state and federal securities laws, general corporate law and complex business transactions. Laura and the ALG legal team have represented buyers, sellers, underwriters, placement agents, investors, and shareholders in mergers, acquisitions and corporate finance transactions valued in excess of $1 billion. Watch on YouTube: https://youtu.be/8-F8VigwXR8

The DEAL FLOW Show
Laura Anthony Discusses Legal Transactions With Over $2 Billion in M&A Deals Done

The DEAL FLOW Show

Play Episode Listen Later Oct 7, 2020 38:20


Laura Anthony is Founding Partner of Anthony L.G. For more than two decades Laura has focused her law practice on small and mid-cap private and public companies, the OTC markets, Nasdaq, NYSE American, going public transactions, Regulation A+, mergers and acquisitions, private placement and corporate finance transactions, Exchange Act and other regulatory reporting requirements, state and federal securities laws, general corporate law and complex business transactions. Laura and the ALG legal team have represented buyers, sellers, underwriters, placement agents, investors, and shareholders in mergers, acquisitions and corporate finance transactions valued in excess of $1 billion. What you'll learn from this episode: Rules and regulations in the Capital Markets Reg As, IPOs, SPAC, and more The importance of building a good business model Connect with Laura: LinkedIn Watch This Episode On YouTube

Zion Oil & Gas Podcast
Episode 12 - Interview with Virginia Prodan, Zion Board Director, International Human Rights Attorney, and Victory Coach

Zion Oil & Gas Podcast

Play Episode Listen Later Jul 24, 2020 41:09


Interview with Virginia Prodan, Zion Board Director, International Human Right Attorney, and Victory Coach Ms. Virginia Prodan is an international human rights attorney, an Allied Attorney with the Alliance Defending Freedom; a sought-after International Speaker, and an Author – virginiaprodanbooks.com. Her memoir – Saving My Assassin – was published in 2016 by Tyndale House Publishers. She is the president and the founder of Virginia Prodan Ministries – www.virginiaprodan.com. Ms. Prodan earned a Juris Doctor Degree at the Bucharest Law School, Romania, and was licensed in 1977. She was exiled from Ceausescu's Romania in 1988 for defending human rights cases, which concerned Ceausescu's persecution of Christians in Communist Romania. She earned a Master of Laws, LL.M. International, in 1995 and earned a Juris Doctor in 1997 from Southern Methodist University. She is licensed in Colorado and in the United States District Court for the Northern District of Texas. She was an intern for the Institute for Justice in Washington, D.C., and was an intern for U.S. Judge Sidney Fitzwater of the Northern District of Texas. Ms. Virginia Prodan has been appointed by the TX Governor Gregg Abbott to the Texas Holocaust and Genocide Commission. Virginia is also a victory coach training people to stand up to their giant and create a courageous, purpose-fulled, and abundant life. She holds Facebook live broadcasts each Wednesday and Saturday at 10:00 am (Central). Contact: VirginiaProdanbooks.com/contact This podcast is hosted by Zion VP of Marketing and Investor Relations, Andrew Summey. Zion Oil & Gas, a public company traded on NASDAQ (ZN), explores for oil and gas onshore in Israel on their 99,000-acre Megiddo-Jezreel license area. Website: www.zionoil.com FORWARD-LOOKING STATEMENT: This podcast contains forward-looking statements. Statements in this communication that are not historical fact, including statements regarding Zion's planned operations, anticipated attributes of geological strata that may be drilled or tested in the future, import of the rig it purchased into Israel in a timely manner and Zion's ability to successfully raise the funds needed to undertake all of its planned exploration efforts; Zion's ability to continue as a going concern; Zion's ability to have its common stock continue to be listed on the Nasdaq Capital Market; the timing and completion of the processing, interpretation of the results and plans contingent thereon of the 3 D seismic survey, the timing of the importation onto the well site of the purchased drilling rig, approvals needed for the rig's erection and startup, the effect, if any, of the coronavirus pandemic on the timing of the delivery and start-up of the well, and operational risks in ongoing exploration efforts, are forward-looking statements which are made pursuant to the safe harbor provisions of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities and Exchange Act of 1934, as amended. These forward-looking statements are based on assumptions that are subject to significant known and unknown risks, uncertainties and other unpredictable factors, many of which are described in Zion's periodic reports filed with the SEC and are beyond Zion's control. These risks could cause Zion's actual performance to differ materially from the results predicted by these forward-looking statements. Zion can give no assurance that the expectations reflected in these statements will prove to be correct and assumes no responsibility to update these statements.

Zion Oil & Gas Podcast
Episode 11 - Interview with Brad Dacus, Zion Board Director and Founder of the Pacific Justice Institute (PJI)

Zion Oil & Gas Podcast

Play Episode Listen Later Jul 20, 2020 32:43


Interview with Brad Dacus. Brad Dacus, Founder of the Pacific Justice Institute, also serves on the Zion Oil & Gas Board of Directors. Brad Dacus served as Legislative Assistant to U.S. Senator Phil Gramm and went on to receive his Juris Doctor from the University of Texas, School of Law. Brad coordinated religious freedom and parental rights cases throughout the Western States for five years before founding the Pacific Justice Institute in 1997. PJI has a network with hundreds of volunteer affiliate attorneys and handles more cases on the West Coast than any other legal non-profit organization of its kind. Brad Dacus can be heard weekly on The Dacus Report on more than 170 radio stations across the country and also as a guest speaker on numerous radio and television programs across the nation. He has appeared on America Live, CBS Evening News, CNN, Dateline NBC, Good Morning America, MSNBC, NBC News, News Talk TV, and The Today Show and numerous times on FOX News. Mr. Dacus' varied public speaking opportunities include public debate and testifying before the United States House of Representatives in Washington, D.C. He has also testified numerous times before the California State Legislature on legislation affecting religious freedom and parents' rights. Mr. Dacus continues to speak regularly at churches, conferences, graduations, and conventions throughout the United States and was presented an honorary Doctorate of Religious Freedom and Family Rights degree from California Baptist University in recognition of his commitment to faith and justice and his pro bono legal work protecting parental rights and religious freedom through the Pacific Justice Institute. This podcast is hosted by Zion VP of Marketing and Investor Relations, Andrew Summey. Zion Oil & Gas, a public company traded on NASDAQ (ZN), explores for oil and gas onshore in Israel on their 99,000-acre Megiddo-Jezreel license area. Website: www.zionoil.com FORWARD-LOOKING STATEMENT: This podcast contains forward-looking statements. Statements in this communication that are not historical fact, including statements regarding Zion's planned operations, anticipated attributes of geological strata that may be drilled or tested in the future, import of the rig it purchased into Israel in a timely manner and Zion's ability to successfully raise the funds needed to undertake all of its planned exploration efforts; Zion's ability to continue as a going concern; Zion's ability to have its common stock continue to be listed on the Nasdaq Capital Market; the timing and completion of the processing, interpretation of the results and plans contingent thereon of the 3 D seismic survey, the timing of the importation onto the well site of the purchased drilling rig, approvals needed for the rig's erection and startup, the effect, if any, of the coronavirus pandemic on the timing of the delivery and start-up of the well, and operational risks in ongoing exploration efforts, are forward-looking statements which are made pursuant to the safe harbor provisions of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities and Exchange Act of 1934, as amended. These forward-looking statements are based on assumptions that are subject to significant known and unknown risks, uncertainties and other unpredictable factors, many of which are described in Zion's periodic reports filed with the SEC and are beyond Zion's control. These risks could cause Zion's actual performance to differ materially from the results predicted by these forward-looking statements. Zion can give no assurance that the expectations reflected in these statements will prove to be correct and assumes no responsibility to update these statements.

Zion Oil & Gas Podcast
Episode 10 - Interview with Agile Seismic President, Goran Stankovic, and Zion CEO, Rob Dunn

Zion Oil & Gas Podcast

Play Episode Listen Later Jul 13, 2020 48:17


Interview with Agile Seismic President, Goran Stankovic, and Zion CEO, Robert Dunn. The interview discusses Goran's work with Agile in the past and current climate, further insight into 3-D seismic work and processing, and further understanding of aspects of Agile's work on Zion's Megiddo-Jezreel project in 2019-2020. Hosted by Zion VP of Marketing and Investor Relations, Andrew Summey. Zion Oil & Gas, a public company traded on NASDAQ (ZN), explores for oil and gas onshore in Israel on their 99,000-acre Megiddo-Jezreel license area. Website: www.zionoil.com FORWARD-LOOKING STATEMENT: This podcast contains forward-looking statements. Statements in this communication that are not historical fact, including statements regarding Zion's planned operations, anticipated attributes of geological strata that may be drilled or tested in the future, import of the rig it purchased into Israel in a timely manner and Zion's ability to successfully raise the funds needed to undertake all of its planned exploration efforts; Zion's ability to continue as a going concern; Zion's ability to have its common stock continue to be listed on the Nasdaq Capital Market; the timing and completion of the processing, interpretation of the results and plans contingent thereon of the 3 D seismic survey, the timing of the importation onto the well site of the purchased drilling rig, approvals needed for the rig's erection and startup, the effect, if any, of the coronavirus pandemic on the timing of the delivery and start-up of the well, and operational risks in ongoing exploration efforts, are forward-looking statements which are made pursuant to the safe harbor provisions of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities and Exchange Act of 1934, as amended. These forward-looking statements are based on assumptions that are subject to significant known and unknown risks, uncertainties and other unpredictable factors, many of which are described in Zion's periodic reports filed with the SEC and are beyond Zion's control. These risks could cause Zion's actual performance to differ materially from the results predicted by these forward-looking statements. Zion can give no assurance that the expectations reflected in these statements will prove to be correct and assumes no responsibility to update these statements.

Zion Oil & Gas Podcast
Episode 9 - Current Exploration Activities in Israel and Questions from Shareholders, Zion Oil & Gas 2020 Annual Meeting of Stockholders on June 10, 2020

Zion Oil & Gas Podcast

Play Episode Listen Later Jun 12, 2020 35:59


This podcast episode is the audio-only recording of the informal portion of the Zion Oil & Gas 2020 Annual Meeting of Stockholders held on June 10, 2020. The meeting had two parts: • Business Portion: Proxy Vote on 5 items (Podcast Episode 8) • Non-Business Portion: Review of Current Exploration Activities in Israel and Questions from Shareholders (Podcast Episode 9) Zion Oil & Gas, a public company traded on NASDAQ (ZN), explores for oil and gas onshore in Israel on their 99,000-acre Megiddo-Jezreel license area. Website: www.zionoil.com FORWARD-LOOKING STATEMENT: This podcast contains forward-looking statements. Statements in this communication that are not historical fact, including statements regarding Zion's planned operations, anticipated attributes of geological strata that may be drilled or tested in the future, import of the rig it purchased into Israel in a timely manner and Zion's ability to successfully raise the funds needed to undertake all of its planned exploration efforts; Zion's ability to continue as a going concern; Zion's ability to have its common stock continue to be listed on the Nasdaq Capital Market; the timing and completion of the processing, interpretation of the results and plans contingent thereon of the 3 D seismic survey, the timing of the importation onto the well site of the purchased drilling rig, approvals needed for the rig's erection and startup, the effect, if any, of the coronavirus pandemic on the timing of the delivery and start-up of the well, and operational risks in ongoing exploration efforts, are forward-looking statements which are made pursuant to the safe harbor provisions of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities and Exchange Act of 1934, as amended. These forward-looking statements are based on assumptions that are subject to significant known and unknown risks, uncertainties and other unpredictable factors, many of which are described in Zion's periodic reports filed with the SEC and are beyond Zion's control. These risks could cause Zion's actual performance to differ materially from the results predicted by these forward-looking statements. Zion can give no assurance that the expectations reflected in these statements will prove to be correct and assumes no responsibility to update these statements.

Zion Oil & Gas Podcast
Episode 8 - Formal Portion, Zion Oil & Gas 2020 Annual Meeting of Stockholders on June 10, 2020

Zion Oil & Gas Podcast

Play Episode Listen Later Jun 12, 2020 28:42


This podcast episode is the audio-only recording of the formal portion of the Zion Oil & Gas 2020 Annual Meeting of Stockholders held on June 10, 2020. The meeting had two parts: • Business Portion: Proxy Vote on 5 items (Podcast Episode 8) • Non-Business Portion: Review of Current Exploration Activities in Israel and Questions from Shareholders (Podcast Episode 9) The business portion contains these 5 items to vote on: (1) Electing four directors. (2) Increasing the number of shares of common stock from 200 million to 400 million. (3) Ratifying the appointment of our independent public accountants, RBSM, LLP. (4) Approving, in a nonbinding advisory vote, the compensation of the Company's Named Executive Officers. (5) The frequency of future such nonbinding advisory votes. Zion Oil & Gas, a public company traded on NASDAQ (ZN), explores for oil and gas onshore in Israel on their 99,000-acre Megiddo-Jezreel license area. Website: www.zionoil.com FORWARD-LOOKING STATEMENT: This podcast contains forward-looking statements. Statements in this communication that are not historical fact, including statements regarding Zion's planned operations, anticipated attributes of geological strata that may be drilled or tested in the future, import of the rig it purchased into Israel in a timely manner and Zion's ability to successfully raise the funds needed to undertake all of its planned exploration efforts; Zion's ability to continue as a going concern; Zion's ability to have its common stock continue to be listed on the Nasdaq Capital Market; the timing and completion of the processing, interpretation of the results and plans contingent thereon of the 3 D seismic survey, the timing of the importation onto the well site of the purchased drilling rig, approvals needed for the rig's erection and startup, the effect, if any, of the coronavirus pandemic on the timing of the delivery and start-up of the well, and operational risks in ongoing exploration efforts, are forward-looking statements which are made pursuant to the safe harbor provisions of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities and Exchange Act of 1934, as amended. These forward-looking statements are based on assumptions that are subject to significant known and unknown risks, uncertainties and other unpredictable factors, many of which are described in Zion's periodic reports filed with the SEC and are beyond Zion's control. These risks could cause Zion's actual performance to differ materially from the results predicted by these forward-looking statements. Zion can give no assurance that the expectations reflected in these statements will prove to be correct and assumes no responsibility to update these statements.

Boardroom Governance with Evan Epstein
Elizabeth Pollman: Startup Governance & Regulatory Entrepreneurship

Boardroom Governance with Evan Epstein

Play Episode Listen Later Jun 1, 2020 61:17


Start of Interview [1:51]Motivation for writing her Startup Governance Article [3:22]Why are companies "staying private" for longer [6:18]The JOBS Act amendment of Section 12(g) of the Exchange Act [7:30]Discussion on secondary markets for private shares [10:00]Challenges of startups "staying private forever" [11:54]Distinctions between public and private market regulatory frameworks [13:36]The vertical and horizontal startup governance issues [18:14]Distinctions between preferred and common shares in VC-backed companies [19:54]Monitoring failures in startup companies [27:50]Dual Class Shares and Sunset Provisions [32:43]The Premise for Regulatory Entrepreneurship Article (with Jordan Barry) [37:42]Breaking the law and/or taking advantage of legal gray areas [39:20]Seeking to grow "too big to ban" = "guerilla growth" [40:06]Mobilizing users and stakeholders as a political force [41:20]Legal Factors that affect regulatory entrepreneurship [44:18]Books that have influenced her life: On The Road and Ownership of Enterprise [46:30]Her mentors [50:50]Her favorite quotes [55:02] Yoda's "Do. Or Do Not, There is No Try!" and Walt Whitman's “Dismiss Whatever Insults Your Own Soul”Unusual habit or an absurd thing that she loves: Yayoi Kusama's art [57:05]Where can people find Elizabeth's research [1:01]Profile University of Pennsylvania Law SchoolSSRN PageElizabeth Pollman is an expert on corporate law, governance, and rights. She teaches and writes on a wide variety of topics in business law, with a particular focus on corporate governance, purpose, and personhood, as well as startups, entrepreneurship, and law and technology. Her recent work has examined the distinctive governance of venture-backed startups, director oversight liability, corporate disobedience, companies that have business models aimed at changing the law, the trading of private company stock, corporate privacy, and the history of corporate constitutional rights.

Zion Oil & Gas Podcast
Episode 7 - Interview with Martin van Brauman, Zion Senior VP, Corporate Secretary, and Treasurer

Zion Oil & Gas Podcast

Play Episode Listen Later May 28, 2020 17:07


Interview with Zion Oil & Gas Senior VP, Corporate Secretary, and Treasurer, Martin van Brauman. The interview discusses Martin's discovery of his Jewish heritage and discovering his Jewish relatives (most of which were murdered in the holocaust). Martin also discusses Zion's foundations and provides further insight into current proxy voting to increase the number of shares of common stock from 200 million to 400 million. Links mentioned: Email Zion to request Martin's book - click here. Learn about Zion's foundations - click here. Information on voting your shares by proxy - click here. Zion Oil & Gas, a public company traded on NASDAQ (ZN), explores for oil and gas onshore in Israel on their 99,000-acre Megiddo-Jezreel license area. Website: www.zionoil.com FORWARD-LOOKING STATEMENT: This podcast contains forward-looking statements. Statements in this communication that are not historical fact, including statements regarding Zion's planned operations, anticipated attributes of geological strata that may be drilled or tested in the future, import of the rig it purchased into Israel in a timely manner and Zion's ability to successfully raise the funds needed to undertake all of its planned exploration efforts; Zion's ability to continue as a going concern; Zion's ability to have its common stock continue to be listed on the Nasdaq Capital Market; the timing and completion of the processing, interpretation of the results and plans contingent thereon of the 3 D seismic survey, the timing of the importation onto the well site of the purchased drilling rig, approvals needed for the rig's erection and startup, the effect, if any, of the coronavirus pandemic on the timing of the delivery and start-up of the well, and operational risks in ongoing exploration efforts, are forward-looking statements which are made pursuant to the safe harbor provisions of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities and Exchange Act of 1934, as amended. These forward-looking statements are based on assumptions that are subject to significant known and unknown risks, uncertainties and other unpredictable factors, many of which are described in Zion's periodic reports filed with the SEC and are beyond Zion's control. These risks could cause Zion's actual performance to differ materially from the results predicted by these forward-looking statements. Zion can give no assurance that the expectations reflected in these statements will prove to be correct and assumes no responsibility to update these statements.

Zion Oil & Gas Podcast
Episode 6 - Interview with Bill Avery, Zion President, and Mike Croswell, Zion CFO

Zion Oil & Gas Podcast

Play Episode Listen Later May 15, 2020 36:42


Interview with Zion President, Bill Avery, and Zion CFO, Mike Croswell. Discussion includes the recent filing of the 10-Q, understanding financial aspects, how the rig is a game-changer for Zion, and other important aspects of the company. Hosted by Zion VP of Marketing and Investor Relations, Andrew Summey. Zion Oil & Gas, a public company traded on NASDAQ (ZN), explores for oil and gas onshore in Israel on their 99,000-acre Megiddo-Jezreel license area. Website: www.zionoil.com FORWARD-LOOKING STATEMENT: This podcast contains forward-looking statements. Statements in this communication that are not historical fact, including statements regarding Zion's planned operations, anticipated attributes of geological strata that may be drilled or tested in the future, import of the rig it purchased into Israel in a timely manner and Zion's ability to successfully raise the funds needed to undertake all of its planned exploration efforts; Zion's ability to continue as a going concern; Zion's ability to have its common stock continue to be listed on the Nasdaq Capital Market; the timing and completion of the processing, interpretation of the results and plans contingent thereon of the 3 D seismic survey, the timing of the importation onto the well site of the purchased drilling rig, approvals needed for the rig's erection and startup, the effect, if any, of the coronavirus pandemic on the timing of the delivery and start-up of the well, and operational risks in ongoing exploration efforts, are forward-looking statements which are made pursuant to the safe harbor provisions of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities and Exchange Act of 1934, as amended. These forward-looking statements are based on assumptions that are subject to significant known and unknown risks, uncertainties and other unpredictable factors, many of which are described in Zion's periodic reports filed with the SEC and are beyond Zion's control. These risks could cause Zion's actual performance to differ materially from the results predicted by these forward-looking statements. Zion can give no assurance that the expectations reflected in these statements will prove to be correct and assumes no responsibility to update these statements.

Zion Oil & Gas Podcast
Episode 5 - Interview with John Brown, Founder and CEO

Zion Oil & Gas Podcast

Play Episode Listen Later May 8, 2020 23:56


Interview with Zion Founder and CEO, John Brown. Discussion includes his heart for Israel, his single-minded focus on obeying God in all things, and his reliance on God's timing. Hosted by Zion VP of Marketing and Investor Relations, Andrew Summey. Zion Oil & Gas, a public company traded on NASDAQ (ZN), explores for oil and gas onshore in Israel on their 99,000-acre Megiddo-Jezreel license area. Website: www.zionoil.com FORWARD-LOOKING STATEMENT: This podcast contains forward-looking statements. Statements in this communication that are not historical fact, including statements regarding Zion's planned operations, anticipated attributes of geological strata that may be drilled or tested in the future, import of the rig it purchased into Israel in a timely manner and Zion's ability to successfully raise the funds needed to undertake all of its planned exploration efforts; Zion's ability to continue as a going concern; Zion's ability to have its common stock continue to be listed on the Nasdaq Capital Market; the timing and completion of the processing, interpretation of the results and plans contingent thereon of the 3 D seismic survey, the timing of the importation onto the well site of the purchased drilling rig, approvals needed for the rig's erection and startup, the effect, if any, of the coronavirus pandemic on the timing of the delivery and start-up of the well, and operational risks in ongoing exploration efforts, are forward-looking statements which are made pursuant to the safe harbor provisions of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities and Exchange Act of 1934, as amended. These forward-looking statements are based on assumptions that are subject to significant known and unknown risks, uncertainties and other unpredictable factors, many of which are described in Zion's periodic reports filed with the SEC and are beyond Zion's control. These risks could cause Zion's actual performance to differ materially from the results predicted by these forward-looking statements. Zion can give no assurance that the expectations reflected in these statements will prove to be correct and assumes no responsibility to update these statements.

Zion Oil & Gas Podcast
Episode 4 - Interview with Jeffrey Moskowitz, VP and Israeli Branch Managing Director

Zion Oil & Gas Podcast

Play Episode Listen Later Apr 30, 2020 33:57


Interview with Jeffrey Moskowitz, Zion's VP, and Israeli Branch Managing Director. The interview discusses Jeff's role at Zion, his history with the company, his background, work at the Israeli office, 3-D Seismic work, the purchase of the rig, and more. Hosted by Zion VP of Marketing and Investor Relations, Andrew Summey. Zion Oil & Gas, a public company traded on NASDAQ (ZN), explores for oil and gas onshore in Israel on their 99,000-acre Megiddo-Jezreel license area. Website: www.zionoil.com FORWARD-LOOKING STATEMENT: This podcast contains forward-looking statements. Statements in this communication that are not historical fact, including statements regarding Zion's planned operations, anticipated attributes of geological strata that may be drilled or tested in the future, import of the rig it purchased into Israel in a timely manner and Zion's ability to successfully raise the funds needed to undertake all of its planned exploration efforts; Zion's ability to continue as a going concern; Zion's ability to have its common stock continue to be listed on the Nasdaq Capital Market; the timing and completion of the processing, interpretation of the results and plans contingent thereon of the 3 D seismic survey, the timing of the importation onto the well site of the purchased drilling rig, approvals needed for the rig's erection and startup, the effect, if any, of the coronavirus pandemic on the timing of the delivery and start-up of the well, and operational risks in ongoing exploration efforts, are forward-looking statements which are made pursuant to the safe harbor provisions of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities and Exchange Act of 1934, as amended. These forward-looking statements are based on assumptions that are subject to significant known and unknown risks, uncertainties and other unpredictable factors, many of which are described in Zion's periodic reports filed with the SEC and are beyond Zion's control. These risks could cause Zion's actual performance to differ materially from the results predicted by these forward-looking statements. Zion can give no assurance that the expectations reflected in these statements will prove to be correct and assumes no responsibility to update these statements.

Zion Oil & Gas Podcast
Episode 3 - Q & A with Investor Relations

Zion Oil & Gas Podcast

Play Episode Listen Later Apr 24, 2020 37:32


Andrew Summey (VP, Marketing & Investor Relations) and Cecelia Zimmermann (Marketing and IR Manager) discuss the following questions: What is a proxy vote? What's the difference in investing in the DSPP or through a broker? How can someone participate in the DSPP? Who is AST Financial? How often will registered shareholders get account updates from AST Financial? AST Online Account issues? Who should you call? How does a registered investor participating in the DSPP set up recurring investments? How does a registered investor participating in the DSPP sell their stock? Zion Oil & Gas, a public company traded on NASDAQ (ZN), explores for oil and gas onshore in Israel on their 99,000-acre Megiddo-Jezreel license area. Website: www.zionoil.com FORWARD-LOOKING STATEMENT: This podcast contains forward-looking statements. Statements in this communication that are not historical fact, including statements regarding Zion's planned operations, anticipated attributes of geological strata that may be drilled or tested in the future, import of the rig it purchased into Israel in a timely manner and Zion's ability to successfully raise the funds needed to undertake all of its planned exploration efforts; Zion's ability to continue as a going concern; Zion's ability to have its common stock continue to be listed on the Nasdaq Capital Market; the timing and completion of the processing, interpretation of the results and plans contingent thereon of the 3 D seismic survey, the timing of the importation onto the well site of the purchased drilling rig, approvals needed for the rig's erection and startup, the effect, if any, of the coronavirus pandemic on the timing of the delivery and start-up of the well, and operational risks in ongoing exploration efforts, are forward-looking statements which are made pursuant to the safe harbor provisions of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities and Exchange Act of 1934, as amended. These forward-looking statements are based on assumptions that are subject to significant known and unknown risks, uncertainties and other unpredictable factors, many of which are described in Zion's periodic reports filed with the SEC and are beyond Zion's control. These risks could cause Zion's actual performance to differ materially from the results predicted by these forward-looking statements. Zion can give no assurance that the expectations reflected in these statements will prove to be correct and assumes no responsibility to update these statements.

Zion Oil & Gas Podcast
Episode 2 - Interview with Zion's Senior Geoscience Advisor Dr. Lee Russell

Zion Oil & Gas Podcast

Play Episode Listen Later Apr 16, 2020 40:00


Dr. Lee Russel, Zion Oil & Gas Senior Geoscience Advisor, speaks about his background, his coming to work with Zion, his work on the Megiddo-Jezreel #1 well, and his 3-D seismic interpretation work. Hosted by Zion VP of Marketing and Investor Relations, Andrew Summey. Zion Oil & Gas, a public company traded on NASDAQ (ZN), explores for oil and gas onshore in Israel on their 99,000-acre Megiddo-Jezreel license area. Website: www.zionoil.com FORWARD-LOOKING STATEMENT: This podcast contains forward-looking statements. Statements in this communication that are not historical fact, including statements regarding Zion's planned operations, anticipated attributes of geological strata that may be drilled or tested in the future, import of the rig it purchased into Israel in a timely manner and Zion's ability to successfully raise the funds needed to undertake all of its planned exploration efforts; Zion's ability to continue as a going concern; Zion's ability to have its common stock continue to be listed on the Nasdaq Capital Market; the timing and completion of the processing, interpretation of the results and plans contingent thereon of the 3 D seismic survey, the timing of the importation onto the well site of the purchased drilling rig, approvals needed for the rig's erection and startup, the effect, if any, of the coronavirus pandemic on the timing of the delivery and start-up of the well, and operational risks in ongoing exploration efforts, are forward-looking statements which are made pursuant to the safe harbor provisions of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities and Exchange Act of 1934, as amended. These forward-looking statements are based on assumptions that are subject to significant known and unknown risks, uncertainties and other unpredictable factors, many of which are described in Zion's periodic reports filed with the SEC and are beyond Zion's control. These risks could cause Zion's actual performance to differ materially from the results predicted by these forward-looking statements. Zion can give no assurance that the expectations reflected in these statements will prove to be correct and assumes no responsibility to update these statements.

Zion Oil & Gas Podcast
Episode 1 - Interview with Zion Chief Operations Officer Robert Dunn

Zion Oil & Gas Podcast

Play Episode Listen Later Apr 7, 2020 34:30


Zion Oil & Gas Chief Operations Officer, Robert Dunn, speaks about Zion's recent rig purchase and other details of operations during this time of the COVID-19 spread worldwide. Hosted by Zion VP of Marketing and Investor Relations, Andrew Summey, and the Marketing and Investor Relations Manager, Cecelia Zimmermann. Zion Oil & Gas, a public company traded on NASDAQ (ZN), explores for oil and gas onshore in Israel on their 99,000-acre Megiddo-Jezreel license area. Website: www.zionoil.com FORWARD-LOOKING STATEMENT: This podcast contains forward-looking statements. Statements in this communication that are not historical fact, including statements regarding Zion's planned operations, anticipated attributes of geological strata that may be drilled or tested in the future, import of the rig it purchased into Israel in a timely manner and Zion's ability to successfully raise the funds needed to undertake all of its planned exploration efforts; Zion's ability to continue as a going concern; Zion's ability to have its common stock continue to be listed on the Nasdaq Capital Market; the timing and completion of the processing, interpretation of the results and plans contingent thereon of the 3 D seismic survey, the timing of the importation onto the well site of the purchased drilling rig, approvals needed for the rig's erection and startup, the effect, if any, of the coronavirus pandemic on the timing of the delivery and start-up of the well, and operational risks in ongoing exploration efforts, are forward-looking statements which are made pursuant to the safe harbor provisions of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities and Exchange Act of 1934, as amended. These forward-looking statements are based on assumptions that are subject to significant known and unknown risks, uncertainties and other unpredictable factors, many of which are described in Zion's periodic reports filed with the SEC and are beyond Zion's control. These risks could cause Zion's actual performance to differ materially from the results predicted by these forward-looking statements. Zion can give no assurance that the expectations reflected in these statements will prove to be correct and assumes no responsibility to update these statements.

Zion Oil & Gas Podcast
Preview - Zion Oil & Gas Podcast

Zion Oil & Gas Podcast

Play Episode Listen Later Mar 24, 2020 3:25


Here is a quick preview of what we plan to do with this Zion Oil & Gas podcast. Subscribe or go to our website for the latest. Forward-Looking Statement: This podcast contains forward-looking statements. Statements in this communication that are not historical fact, including statements regarding Zion's planned operations, anticipated attributes of geological strata that may be drilled or tested in the future, import of the rig it purchased into Israel in a timely manner and Zion's ability to successfully raise the funds needed to undertake all of its planned exploration efforts; Zion's ability to continue as a going concern; Zion's ability to have its common stock continue to be listed on the Nasdaq Capital Market; the timing and completion of the processing, interpretation of the results and plans contingent thereon of the 3 D seismic survey, the timing of the importation onto the well site of the purchased drilling rig, approvals needed for the rig's erection and startup, the effect, if any, of the coronavirus pandemic on the timing of the delivery and start-up of the well, and operational risks in ongoing exploration efforts, are forward-looking statements which are made pursuant to the safe harbor provisions of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities and Exchange Act of 1934, as amended. These forward-looking statements are based on assumptions that are subject to significant known and unknown risks, uncertainties and other unpredictable factors, many of which are described in Zion's periodic reports filed with the SEC and are beyond Zion's control. These risks could cause Zion's actual performance to differ materially from the results predicted by these forward-looking statements. Zion can give no assurance that the expectations reflected in these statements will prove to be correct and assumes no responsibility to update these statements.

Epicenter - Learn about Blockchain, Ethereum, Bitcoin and Distributed Technologies
Gabriel Shapiro: ZeroLaw – A Philosophy of Securities Laws for Tokenized Networks

Epicenter - Learn about Blockchain, Ethereum, Bitcoin and Distributed Technologies

Play Episode Listen Later Feb 25, 2020 59:31


Gabriel Shapiro is an independent attorney who has spent the last two years focusing on the tokens and crypto. He has published several pieces diving deep into US Securities Law, in which he shares his vision and philosophy for how Tokenized Networks should be regulated. In light of the recent “safe harbor” framework proposed by SEC Commissioner Hester Pierce, Gabriel offers his thoughts and suggests how these measures could be improved in a way that would benefit the entire industry.Topics covered in this episode:Gabriel’s background and how he got into the blockchain spaceWhat motivated Gabriel to write his series of postsWhy Securities Laws in the US appear more complex than other countriesThe classifications we give tokens - commodities, currenciesThe Howey Test and how it applies in the crypto spaceWhat the Exchange Act 1984 is and the impact this has on companies that issue securitiesWhy crypto networks not complying with the Securities Law aren’t being punishedWhat is wrong in the blockchain industry and what it has to do with Securities LawGabriel’s philosophy and how Securities Law should be applied when issuing tokens and launching networksThe Safe Harbor proposal - what it is, how it defines things like decentralization and network maturityGabriel’s thoughts on how things can be improvedEpisode links: ZeroLaw WebsiteTokenizing Corporate Capital StockAn open letter to SEC Commissioner Peirce on token safe harborsSize Does Matter — Part 1, Gabriel ShapiroSize Does Matter — Part 2, Gabriel ShapiroSize Does Matter — Part 3, Gabriel ShapiroSize Does Matter — Part 4, Gabriel ShapiroEthereum’s ‘Bazaar’ Development Model Will Pay Off in 2020Hester Peirce: Tell Me How to Improve My Safe Harbor ProposalPreston Byrne: Peirce’s Safe Harbor Proposal Would Be Hilarious if It Weren’t so SeriousZeroLaw TwitterGabriel Shapiro TwitterEpicenter Meetup at EthCCEpicenter 2020 Audience SurveySponsors: Pepo: Meet the people shaping the crypto movement - https://pepo.com/epicenterNervos: If you’re a developer or project seeking funding for an innovative idea, check out the Nervos Grants Program today - https://www.nervos.org/grantsThis episode is hosted by Sebastien Couture & Brian Fabian Crain. Show notes and listening options: epicenter.tv/328

The Great Trials Podcast
William Applegate & Liam Duffy │Estate of Jose Larios v. Dominion Energy South Carolina f/k/a S.C. Electric & Gas Company│$21 million verdict

The Great Trials Podcast

Play Episode Listen Later Jan 28, 2020 81:46


This week, your hosts Steve Lowry and Yvonne Godfrey interview William Applegate and Liam Duffy of Yarborough Applegate (https://www.yarboroughapplegate.com/ ).   Remember to rate and review GTP in iTunes: Click Here To Rate and Review   Case Details: Yarborough Applegate attorneys William Applegate and Liam Duffy share how they secured the largest jury verdict in Colleton County, South Carolina history for the wrongful death of landscaper Jose Larios. While trimming palm trees on Edisto Island, South Carolina, Jose screamed in pain and fell from a 25-foot ladder. Further investigation revealed hidden power lines that shocked Jose, causing him to fall and suffer fatal injuries. In this wrongful death case where the defense disputed the cause of Jose's injuries, the jury returned a verdict of $21 million in damages and assigned 90 percent of the responsibility to Dominion Energy South Carolina and 10 percent to Jose.    Click Here to Read/Download the Complete Trial Documents     Guest Bios:   William Applegate   William is a graduate of the University of South Carolina School of Law. As a law student, he received the Public Interest Law Society Grant to work in Washington, D.C., served as vice-president of the Pro Bono Board, and was a student member of the John Belton O'Neal Inn of Court. Following law school, he served as a law clerk to the Honorable James R. Barber, III, of the Fifth Judicial Circuit of the State of South Carolina, before starting a private practice with Motley Rice, one of the largest plaintiff's firms in the country.   William has represented individuals and companies as plaintiffs throughout South Carolina and the U.S. and has achieved significant recoveries on their behalf. He has experience in a variety of different legal areas and has litigated cases covering a broad spectrum, ranging from Federal Employer's Liability Act relating to occupational disease and catastrophic injuries; Jones Act personal injury; Oil Pollution Act cases relating to oil spills from container ships and oil refineries; products liability relating to unsafe products and unsafe drugs; toxic spills from railroad companies; consumer fraud class actions; commercial litigation, as well as securities fraud, derivative, deal, and misrepresentation cases under the Securities and Exchange Act. Read Full Bio Liam Duffy   Liam is a Washington, D.C. native who has called Charleston home for more than a decade. He is a proud product of the College of Charleston and is a summa cum laude graduate of the Charleston School of Law.   While in law school, Liam earned several CALI awards (highest grade) and finished in the top five of his graduating class. He was champion of the school's moot court competition and Symposium Editor of the Charleston Law Review, where he brought together the nation's top legal and medical minds for a CLE program titled “Under Further Review: A Legal Look at the World of Sports.” He also served as an extern for The Honorable C. Weston Houck, U.S. District Judge for the District of South Carolina and was selected as a student member of the James L. Petigru Inn of Court.   Prior to joining Yarborough Applegate, Liam practiced with one of Charleston's premier litigation firms, where he represented both plaintiffs and defendants in cases involving unfair trade practices, partnership, and LLC disputes, construction litigation, truck tire failure, products liability, e-Discovery, will contests, breach of contract, catastrophic personal injury, copyright infringement, and a litany of other high-stakes litigation. He has substantial first and second-chair trial experience in multi-million dollar cases and has handled all facets of complex litigation in state and federal courts.   At Yarborough Applegate, Liam draws on his varied experience to advocate for the victims (and families of victims) of catastrophic injuries, wrongful death, and other serious personal or business losses.   Liam is active in the South Carolina Bar Young Lawyers Division, where he has been recognized for his leadership as Representative for the 9th Judicial Circuit. He was also previously appointed to serve as Chair of the ABA Young Lawyers Division's Law Practice Management Committee. Liam is a member of the South Carolina Bar House of Delegates and Vice President of the Charleston Lawyers Club. Through these activities, he is actively involved with Special Olympics South Carolina, Make-A-Wish® South Carolina, and other community organizations. Read Full Bio   Show Sponsors:   Legal Technology Services - LTSatlanta.com   Digital Law Marketing - DigitalLawMarketing.com   Harris, Lowry, and Manton - hlmlawfirm.com   Free Resources: Stages Of A Jury Trial - Part 1 Stages Of A Jury Trial - Part 2

This Week in Crypto - Bitcoin, Ethereum, Blockchain, and Cryptocurrency News
Oct. 2nd: Coinbase Pays 1.25% APY On USDC Holdings

This Week in Crypto - Bitcoin, Ethereum, Blockchain, and Cryptocurrency News

Play Episode Listen Later Oct 2, 2019 5:12


This is your daily roundup for Wednesday, October 2, 2019.  Coinbase will start paying users 1.25% on USDC holdings, six Japan brokerages formed an STO association, and Parity Technologies released Parity Signer v3.0. ☕Buy me a coffee: https://glow.fm/mota Zuckerberg Addresses Libra KYC Concerns According to leaked comments from an internal Facebook meeting in July, CEO Mark Zuckerberg addressed Libra KYC concerns voiced by employees. From a transcript posted by the Verge, Zuckerberg stated “The public things, I think, tend to be a little more dramatic, but a bigger part of it is private engagement with regulators around the world, and those, I think, often are more substantive and less dramatic.” Zuckerberg admitted that the company has more work to do in dealing with money laundering and anti-terrorist financing. Japan Brokerages Form STO Association Six major Japanese brokerages, including Nomura Securities and Daiwa Securities have formed the Japan STO Association, a self-regulatory organization (SRO) for STOs. The association will devise rules and guidelines for issuance and will take on lobbying duties to develop security tokens as a product in the country. Earlier this year, Japan’s Act on Settlement of Funds and the Financial Instruments and Exchange Act were amended to regulate the sale of tokens. Under the new legislation, security tokens will be considered interests in a collective investment scheme, and buyers will have the right to receive distributions from the business of the issuer. The new regulations will be enforced once implementing orders and ordinances are issued by Japan’s Financial Services Agency. Coinbase USDC Holdings Pays 1.25% Coinbase has announced that it will pay an annual percentage yield (APY) of 1.25 percent on holdings of it’s USDC stablecoin. Coinbase users with at least one USDC in their account will automatically begin to accrue rewards on their holdings, paid monthly. Coinbase director of product Max Branzburg said the initiative will be financed from different pre-existing Coinbase revenue streams. He stated “We can pull from the profits we generate as a business to reward our customers for storing their assets on the platform. We’re fortunate to be able to do that as a profitable business.” Branzburg mentioned the possibility of a future program for other cryptocurrencies on the exchange. Parity Signer v3.0 Parity Technologies has released a new version of Parity Signer, a mobile application that turns old smartphones into hardware wallets. This app is meant to be used on a dedicated smartphone that is to be kept offline at all times. Parity Signer lets users generate or restore Kusama and Ethereum accounts and safely sign transactions without ever being connected to the internet. Offline, or “air-gapped,” wallets provide a simple form of protection from hackers and malware attacks. Parity suggests that smartphones running the app be kept on airplane mode at all times. For all accounts, users will receive a recovery phrase and choose a “pin” to sign transactions. Although the app’s code was part of Parity’s Trail of Bits audit, the company strongly suggests to use the app with caution and only store small amounts. Xpring Releases SDK Ripple’s Xpring is releasing an SDK for developers to integrate XRP apps and Ripple’s Interledger Protocol (ILP) in multiple programming languages. BitPay, mobile wallet BRD and digital custody provider Anchorage are all adding XRP support. Xpring, is the investment arm of Ripple, building a network of companies and use-cases around XRP.

Craft Beer Storm
Craft Brew News # 38 - Can't Trade Beer on Facebook and More BrewDog Drama

Craft Beer Storm

Play Episode Listen Later Aug 2, 2019 10:50


Craft Brew News 08/02/19(courtesy of Brewbound www.brewbound.com)Peter Coors Op-Ed Calls for Government to Intervene on Aluminum PricingMolson Coors vice chairman Peter Coors penned an op-ed published in The Wall Street Journal this week, urging President Trump to stop the “manipulative business practices that appear to permeate” in the aluminum market.Coors wrote that the Trump administration’s decision to lift the 10 percent tariff imposed on Canadian and Mexican aluminum imports in May has made 77 percent of imported aluminum tariff-free, though still priced as if tariffs were imposed on it.He wrote “The aluminum market is dominated by a handful of companies that employ archaic and opaque pricing mechanisms,”. “They are exploiting the aluminum tariffs to profit at the expense of the end user, raising their prices to match tariff prices.”Coors said Molson Coors pays nearly 20 percent more for aluminum than it did a year agoHe wrote “This metal is too critical to America’s strategic goals to be left to the whims of speculators and the manipulation of a cozy clique of suppliers,” Facebook Imposes New Alcohol RestrictionsFacebook announced a policy this week to restrict alcohol and tobacco-related content. A company spokeswoman told CNN that the new policy blocks private sales, trades, transfers and gifting of these products on Facebook and Instagram. Content related to the sale or transfer of such products will be limited to those over 18.While Facebook Marketplace already bans alcohol and tobacco sales, this new policy will target posts by private users, using “ a combination of technology, human review and reports from our community to find and remove any content that violates these policies,” said the spokeswoman. Thus, the new restrictions will apply to sales between private users under age 18 in Facebook beer trading groups.Stockholder Alleges Anheuser-Busch Artificially Inflated Share PricesThe City of Sterling Heights General Employees’ Retirement System has accused Anheuser-Busch of a scheme to artificially inflate its shares. The system filed a complaint against A-B with the U.S. District Court for the Southern District of New York on June 21, claiming the world’s largest beer manufacturer violated the Securities and Exchange Act, according to Legal Newsline.The plaintiff alleges that when InBev acquired Anheuser-Busch in 2008, it caused substantial debt for A-B, despite telling investors “they had been deleveraging Anheuser-Busch in a manner that was consistent with the company’s internal targets.” The lawsuit claims that this misled investors about the company’s finances. A-B stated in its Q3 earnings results last year it had “slashed its dividend by 50 percent to ‘accelerate deleveraging toward our optimal capital structure of around a 2x net debt to EBITDA ratio.'” The suit claims A-B share prices declined in response to this announcement.The system, which is seeking jury trial, claims A-B’s actions misled the public about the company and its value, which affected the retirement system.BrewDog CEO ExitsAfter just five months, Andy Shaw has departed the “CEO of Beer” role at BrewDog, The Grocer reported.Shaw, the former managing director of UK Red Bull, was hired in February to head global beer sales and marketing. BrewDog did not disclose the reason for his departure.“We would like to thank Andy for all the hard work during his time with us and wish him all the best for the future,” BrewDog CEO James Watt told the outlet.Subscribe to Craft Beer Storm Podcast iTunes: https://itunes.apple.com/us/podcast/craft-beer-storm/id1438117278?mt=2*** A Top 20 Podcast in Food on iTunes ***Michael Potorti is the Host of Craft Beer Storm and Founder/Brewer at Beara Brewing Co. in Portsmouth, NH*** Interested in starting your own brewery? Our Portsmouth, NH TURNKEY facility is for sale! Follow link for more info:https://www.neren.com/Listing/2800-Lafayette-Rd-12A/5cdda2dabf34cb9150a7faebMichael PotortiFounder/BrewerHost of "Craft Beer Storm" Podcastmichael@craftbeerstorm.commichael@bearairishbrew.com*** Come visit our brewery for some delicious local craft brew! ***Beara Brewing Co.2800 Lafayette RoadPortsmouth, NH 03801Tel. (857) 342-3272 www.bearairishbrew.com Like us onInstagram: https://www.instagram.com/bearairishbrew/?hl=enFacebook: https://www.facebook.com/BearaIrishBrewingCo Twitter: https://twitter.com/BearaIrishBrew Linked In: https://www.linkedin.com/in/beara-brewing-co-30776075/**LISTEN to our Craft Beer Storm Podcast and share with a friend**Craft Beer Storm Podcast iTunes: https://podcasts.apple.com/us/podcast/craft-beer-storm/id1438117278Craft Beer Storm You Tube: https://www.youtube.com/channel/UCp3PVuCGmywNWlGFh0N0ukg?view_as=subscriberCraft Beer Storm Podcast Stitcher: https://www.stitcher.com/podcast/podcast-center-la-2/craft-beer-stormCraft Beer Storm Facebook: https://www.facebook.com/craftbeerstorm/Craft Beer Storm Instagram: https://www.instagram.com/michaelpotorti/

Legal News and Review Recorded Live at Kelley/ Uustal Building in their Mock courtroom.
How to have an Initial public offering, What is the SEC Exchange Act reporting & private Reg D securities offerings

Legal News and Review Recorded Live at Kelley/ Uustal Building in their Mock courtroom.

Play Episode Listen Later May 14, 2019 27:00


Philip Magri is an accomplished attorney with 20+ years of corporate transnational experience, including entity formations, contracts, mergers and acquisitions, private Reg D securities offerings, initial public offering, venture capital, bridge financing's, joint ventures, corporate governance, SEC Exchange Act reporting, press releases, etc. --- Support this podcast: https://anchor.fm/philip-bell/support

LAB Radio
Ep 29 - What are Securities vs. Utility Tokens? Featuring Joe Ciccolo, CAMS, AMLCA, CFE and founder of BitAML

LAB Radio

Play Episode Listen Later Jul 10, 2018 67:27


In today's episodes, we are going to explore some of the complexities of a Security vs. Utility token which are fresh on our minds after the recent SEC announcement about Ether and Bitcoin not being considered securities. William Hinman, the SEC's Director of Corporate Finance made the announcement: “Strictly speaking the token, the coin, whatever the digital information packet is being called all by itself, we don’t think is a security. Just as oranges in the Howey case were not securities. Essential to determining whether a security is being offered, however, is how it’s being sold and a reasonable expectation of purchasers. When someone buys a housing unit to live in it’s probably not a security but under certain circumstances, the same asset could be offered and sold in a way that could cause investors to have a reasonable expectation of profits based on the efforts of others. If the housing unit is offered with a management contract or other services where purchases are encouraged to invest rather than reside, it could be a security. Case law tells us that,” Hinman explained during his speech. Securities are the talk of the regulator town and perhaps less so in the Cryptosphere's now that we have a solidified answer. However, many other projects have uncertain futures as to their designation which may bring pause to would be Blockchain empire builders. The Street, a finance-focused media outlet, defines securities as follows: "A simple definition of a security is any proof of ownership or debt that has been assigned a value and may be sold. (Today, evidence of ownership is likely to be a computer file, while once it was a written piece of paper.) For the holder, a security represents an investment as an owner, creditor or rights to ownership on which the person hopes to gain profit. Examples are stocks, bonds and options. The Securities and Exchange Act of 1934 provides this more complicated definition, but you might want to grab a cup of coffee: "The term 'security' means any note, stock, treasury stock, bond, debenture, certificate of interest or participation in any profit-sharing agreement or in any oil, gas, or other mineral royalty or lease, any collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit, for a security, any put, call, straddle, option, or privilege on any security, certificate of deposit, or group or index of securities..." To help us demystify this fascinating (yet complex) situation of Securities vs. Utility tokens we brought in Joe Ciccolo, an expert in building BSA/AML programs as well as over 10 years of banking compliance. Joe founded BitAML, a regulatory compliance advisory group, to help Blockchain startups and innovators to remain above board in a rapidly shifting (and uncertain) regulatory landscape. For show notes and more visit: LAB Radio

Crypto and Blockchain Talk - Making You Smarter
EPISODE 17: ICOs and Regulations: Taming the New Wild West

Crypto and Blockchain Talk - Making You Smarter

Play Episode Listen Later Jun 12, 2018 21:16


ICOs and Regulations: Taming the New Wild West ICOs - or Initial Coin Offerings - are a widely used method for cryptocurrency startups, and also how some blockchain technology companies raise their initial funds to get their projects started. It is very much like a Kickstarter or GoFundMe, with the “reward” being given in newly created tokens. These tokens can be used on the product or service that is being built, which is referred to as a utility token, or in some cases, held like a stock and entitles the holder to a profit share, which is referred to as a security. With an ICO, businesses will usually write a whitepaper which gives all the details about their purpose, ideas, and a roadmap to allow investors (both small and large) to have the information needed to buy into these projects for a fraction of the speculated cost, once the coin hits the open market. These projects, are mostly still in the beginning stages of development. That’s right, most have no working product yet, but still ask people to pay them… and people do! By the tens of thousands, or even millions in some cases. ICOs took in over $2 billion dollars in 2017. There are currently over 1500 ICOs that have taken place, with thousands more on the horizon. All on the promise of what might be. If that doesn’t sound scary enough, add this factor in - ICOs have been mostly unregulated. Until now. Until recently, the industry has not been taken seriously by governments, financial institutions, or most of the general population. But with a market cap today of over $424 billion dollars at the time of writing (May 2018), it is now just beginning to get the attention it warrants. While many have gotten rich beyond their wildest expectations, others have been defrauded, robbed, and scammed. For even a discerning mind, it can be difficult to tell the difference when taking in a project at first glance. As 2018 moves forward, governments around the world are taking notice and passing laws they feel best protects their people. There are many concerns: Fraud, is the first, and most obvious, concern. China and South Korea have both banned ICOs. The United States has launched several SEC investigations, and is considering whether it can claim crypto coins are securities (which can only be sold by licensed individuals/institutions). Ponzi/Pyramid schemes have been a big problem also. USI-Tech and Bitconnect are two of the largest successful scams to date, taking in hundreds of millions of dollars, on false pretenses, only to shut down (or be shut down by the government). A substantial amount of money is now leaving the traditional investment sector, to a place where it can vanish and never be recovered if a company goes under. For money to leave the country in the past, a wire transfer had to be created, which was recorded and monitored, and took a long time to complete. A cryptocurrency transaction can move any amount of money around the world in just a moment, with or without a trace (depending on which currency is used). Price fixing is an issue as well, with many coins being mineable (created), using computer hardware performing work. It is considered a “pump and dump” technique, to create and flood the market with supply at will, to control the price. Some cryptocurrencies are untraceable and private, so governments are worried they will be used for money laundering for criminals, and avenues that can be used to fund terrorism. It is important to mention in context, that all of the above activities still existed and thrived long before cryptocurrency ever came around. Even though automobiles are used by bank robbers to make their escape, not every car on the planet is used by a criminal. Hopefully, the same logic will prevail. Despite all the calamity, why are ICOs still growing in popularity? Because it gives people a chance to make an investment. The minimum investment into a wall-street IPO is tens of thousands of dollars. Many offerings are restricted to accredited investors only. The common person isn’t permitted or endowed enough to participate at the most profitable stages in traditional finance. Cryptocurrencies and blockchain companies are built and financed by the common person, united to build something that makes the world a better place. On social media channels and community sites like Telegram, you can see thousands of loyal (sometimes rabid) followers and investors who believe in their project of choice, and back it like their favorite sports team. Legal Standing in 2018: China - ICOs are banned 100%. The Chinese companies who completed their ICOs were instructed to refund all the money they received. The government has also banned crypto exchanges and may be soon blocking all sites related to the cryptocurrency industry entirely. European Union - ICOs are regulated, as of November 13th, 2017. An ICO must adhere to Anti-Money Laundering and “Know Your Customer” policies. Investments cannot be anonymous, and full personal disclosure must be made by investors. United States - ICOs are heavily regulated. ICOs are required to obtain a license, and register with the SEC. Many who have not considered their own token to be a security have not registered yet, and are fearful the SEC will come after them. Anti-Money Laundering and Know Your Customer procedures are required. There is more regulation to come from currently ongoing investigations. Canada - ICOs are regulated. Depending on the type of coin, it may be classified as a security, and is subject to government regulation. Canada looks at each project on a case by case basis, rather than one sweeping law that rules everything related. Switzerland - ICOs are treated with supportive regulation! Laws are friendly, and help protect cryptocurrency companies against suffocating regulations from other countries. They go through each ICO to weed out the potential fraud and poorly designed projects, leaving behind a good promising ICO market. Israel - ICOs are allowed, though a study is being conducted to decide how to regulate these operations in the future. There are plans to introduce tax laws on ICO tokens. Germany - ICOs are regulated. Germany warns the public that investments in these projects are risky. Germany defers to the November 13th, 2017 European Securities Market instruction to comply to securities standards. Japan - ICOs are allowed, but regulation is on the horizon. Japan is considering whether ICOs could fall under the Payment Services Act, or Financial Instruments and Exchange Act. In 2016, Japan declared Bitcoin a legal currency, a monumental achievement for the crypto community! Russia - ICOs are allowed. The government is currently watching things unfold while it determines what stance to take. In October 2017, it issued a ruling that requires all altcoin (a blanket term for any cryptocurrency besides Bitcoin) miners to register, and tax laws will be modified. Singapore - ICOs are allowed. Regulation seems to be coming soon, as the Monetary Authority stated in November 2017, that altcoins could qualify as a “capital market product” and be subject to existing regulations for other products in that industry. United Kingdom - ICOs are allowed. The government has issued warnings to investors about the risks of investing in these products, calling them “experimental”. Regulation could be coming soon, but there are no clear indicators of what the attitude will be. Brazil - ICOs are regulated. Virtual currency exchanges are banned. ICOs are considered securities and are subject to all applicable laws. Australia - ICOs are regulated. Australia looks to weed out scams and fraudulent ICOs, promoting the remaining ICOs as free from fraud. United Arab Emirates - ICOs are allowed. The UAE plans to pass regulation at some point in the near future. Taiwan - ICOs are allowed. The Taiwanese government is supportive of blockchain technology and cryptocurrency. While ongoing legislation is underway, the crypto market experiences extreme volatility and has nearly unimaginable dips and peaks, when fears about unfavorable rules or country-wide bans occur. In February 2018, the market overall value dropped more than 60% from January highs, as China passed its law banning cryptocurrencies and exchanges. As of mid-April 2018, it has since recovered the majority of that loss, (much of that growth happening in a 2 week span). It is a scary place to be a day trader, but those who hold for the future are always optimistic. With so much happening so fast, it can get confusing very quickly. In some places, the rules hurt ICOs. In some places, the rules help ICOs. In some places, the rules apply only to the ICO but not the actual coin and company itself. In some places, the rules apply to the entire industry regardless of the product. It is safe to expect that as time goes on, only more laws (and taxes) will be implemented. Some may see this as a good thing, paving the way for financial institutions and the general public to feel safe participating in the financial revolution, boosting the portfolios of everyone else who got in early. Others feel these rules are burdening and suffocating a decentralized worldwide market, prohibiting natural growth. In any event, there are many more changes to come in the next few years. It’s an exciting time to be alive. Listen to Crypto and Blockchain Talk for more interesting topics! SUBSCRIBE to our channels and never miss an episode: SPOTIFY iTunes Stitcher Soundcloud Google Play Music Tunein Castbox Pocket Casts Overcast iHeartRadio PlayerFM Twitter YouTube LinkedIn

FCPA Compliance Report
Day 1 of One Month to More Effective Internal Controls

FCPA Compliance Report

Play Episode Listen Later Jul 5, 2017 13:01


What specifically are internal controls in a compliance program? Internal controls are not only the foundation of a company but are also the foundation of any effective anti-corruption compliance program. The starting point is the FCPA itself, requires the following:  Section 13(b)(2)(B) of the Exchange Act (15 U.S.C. § 78m(b)(2)(B)), commonly called the “internal controls” provision, requires issuers to: devise and maintain a system of internal accounting controls sufficient to provide reasonable assurances that— (i) transactions are executed in accordance with management’s general or specific authorization; (ii) transactions are recorded as necessary (I) to permit preparation of financial statements in conformity with generally accepted accounting principles or any other criteria applicable to such statements, and (II) to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management’s general or specific authorization; and (iv) the recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action is taken with respect to any differences ….  The Justice Department (DOJ) and Securities and Exchange Commission (SEC), in their 2012 FCPA Guidance, stated, “Internal controls over financial reporting are the processes used by compa­nies to provide reasonable assurances regarding the reliabil­ity of financial reporting and the preparation of financial statements. They include various components, such as: a control environment that covers the tone set by the organi­zation regarding integrity and ethics; risk assessments; con­trol activities that cover policies and procedures designed to ensure that management directives are carried out (e.g., approvals, authorizations, reconciliations, and segregation of duties); information and communication; and monitor­ing.” Moreover, “the design of a company’s internal controls must take into account the operational realities and risks attendant to the company’s business, such as: the nature of its products or services; how the products or services get to market; the nature of its work force; the degree of regulation; the extent of its government interaction; and the degree to which it has operations in countries with a high risk of corruption.”  Aaron Murphy, Assistant Solicitor General in the Office of the Attorney General for the state of Utah and the author of “Foreign Corrupt Practices Act: A Practical Resource for Managers and Executives”, said, “Internal controls are policies, procedures, monitoring and training that are designed to ensure that company assets are used properly, with proper approval and that transactions are properly recorded in the books and records. While it is theoretically possible to have good controls but bad books and records (and vice versa), the two generally go hand in hand – where there are record-keeping violations, an internal controls failure is almost presumed because the records would have been accurate had the controls been adequate.”  Internal controls expert Joe Howell, EVP at Workiva, Inc. has said that internal controls are systematic measures, such as reviews, checks and balances, methods and procedures, instituted by an organization that performs several different functions. These functions include allowing a company to conduct its business in an orderly and efficient manner; to safeguard its assets and resources, to detect and deter errors, fraud, and theft; to assist an organization ensuring the accuracy and completeness of its accounting data; to enable a business to produce reliable and timely financial and management information; and to help an entity to ensure there is adherence to its policies and plans by its employees, applicable third parties and others. Howell adds that internal controls are entity wide; that is, they are not just limited to the accountants and auditors. Howell also notes that for compliance purposes, controls are those measures specifically to provide reasonable assurance any assets or resources of a company cannot be used to pay a bribe. This definition includes diversion of company assets, such as by unauthorized sales discounts or receivables write-offs as well as the distribution of assets.  The Committee of Sponsoring Organizations of the Treadway Commission (COSO) in its 2013 Internal Controls Framework defined internal controls, in its publication entitled “Internal Controls – Integrated Framework”, as follows:  Internal control is a process, effected by an entity’s board of directors, management, and other personnel, designed to provide reasonable assurance regarding the achievement of objectives relating to operations, reporting, and compliance. This definition reflects certain fundamental concepts. Internal control is:  Geared to the achievement of objectives in one or more categories—operations, reporting, and compliance A process consisting of ongoing tasks and activities - a means to an end, not an end in itself Effected by people - not merely about policy and procedure manuals, systems, and forms, but about people and the actions they take at every level of an organization to affect internal control Able to provide reasonable assurance - but not absolute assurance, to an entity’s senior management and board of directors Adaptable to the entity structure - flexible in application for the entire entity or for a particular subsidiary, division, operating unit, or business process. The Integrated Framework goes on to note, “This definition is intentionally broad. It captures important concepts that are fundamental to how organizations design, implement, and conduct internal control, providing a basis for application across organizations that operate in different entity structures, industries, and geographic regions.”   Why are internal controls important in your compliance program? Two FCPA enforcement actions demonstrate the reason. The first came in late 2013 when the DOJ obtained a criminal plea from Weatherford International (WFT). There were three areas where WFT failed to institute appropriate internal controls. First, around third parties and business transactions, limits of authority and documentation requirements. Second, on effectively evaluating business transactions, including acquisitions and joint ventures (JVs), for corruption risks and to investigate those risks when detected. Finally, around excessive gifts, travel, and entertainment, where such expenses were not adequately vetted to ensure that they were reasonable, bona fide, and properly documented.  The second case involved the gun manufacturer Smith & Wesson (S&W). The case did not include a criminal charge filed by the DOJ but a civil matter was prosecuted administratively by the SEC. In its Administrative Order, the SEC stated, “Smith & Wesson failed to devise and maintain sufficient internal controls with respect to its international sales operations. While the company had a basic corporate policy prohibiting the payment of bribes, it failed to implement a reasonable system of controls to effectuate that policy.” Moreover, the company did not “devise and maintain a system of internal accounting controls sufficient to provide reasonable assurances that transactions are executed in accordance with management’s general or specific authorization; transactions are recorded as necessary to maintain accountability for assets, and that access to assets is permitted only in accordance with management’s general or specific authorization”.  The whole concept of internal controls is that companies need to focus on where the risks are, whether they be compliance risks or other, and they need to allocate their limited resources to putting controls in place that address those risks, and in the compliance world, of course, your two big risks are the assets or resources of a company. Not just cash but inventory, fixed assets etc., being used to pay a bribe, and then the second big element would be diversion of company assets, such as unauthorized sales discounts or receivables and write offs, which are used to pay a bribe.  As an exercise, I suggest that you map your existing internal controls to the Ten Hallmarks of an Effective Compliance Program or some other well-known anti-corruption regime to see where control gaps may exist. This will help you to determine whether adequate compliance internal controls are present. From there you can move to see if they are working in practice or ‘functioning’.  Internal controls will only become more important in FCPA enforcement. This month you will learn how to get ahead of the curve.  Three Key Takeaways Effective internal controls are required under the FCPA. Internal controls are a critical part of any best practices compliance program. The Weatherford and Smith & Wesson FCPA enforcement actions demonstrate the enforcement spotlight on internal controls. For more information on how to improve your internal controls management process, visit this month’s sponsor Workiva at workiva.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

The Satirically Challenged Show
TSCS #658 "The Brewery Policy Exchange Act "

The Satirically Challenged Show

Play Episode Listen Later Jun 20, 2017 47:00


Welcome to AMCPress&Co presents The Satirically Challenged Show. We are the #1 disabled satirical news program  in the world (65,000 and Counting) that provides uncensored news on numerous topics worldwide.  On Tonight's episode: We are ransacking how the Orange troll is getting trolled so hard in Mexico, Cool new theme parks opens, twitter is becoming the new way of releasing statements in office, and NZ public official seems to not want to be in meeting that deal with disability issues.   We are now on ITUNES. Subscribe to us through there.  Want to connect with us? Seek us out on facebook under AMCPRESS&CO, We are also gaining new correspondents. fancy being one? We know you want too, if you do: Tweet us, Message us on Facebook you will get a response. Also did we mention, we're doing a bit of renovating to the website? in the meantime you can find us at:www.amcpressandco.com. We are aiming to be listener supported, we have a PATERON! where you can donate to us for as little as $1.00.  https://www.patreon.com/AMCPRESSANDCO.    * Some Media  (sound effects, news clips and other sounds. etc) is protected by Fair Use. Beginning theme song is composed by Redhood & Alison. All rights Reserved.© No copyright infringement intended**   Disclaimer instrumental Credit: Blurr, Royal Philharmonic, Terry Jackson and Queen

FCPA Compliance Report
FCPA Compliance Report-Episode 332

FCPA Compliance Report

Play Episode Listen Later Jun 7, 2017 18:28


In the case of Kokesh v. SEC, the US Supreme Court held the profit disgorgements operate as a penalty under the Securities and Exchange Act of 1934, as amended. As such “any claim for disgorgement in an SEC enforcement action must be commenced within five years of the date the claim accrued.” The position of the Securities and Exchange Commission (SEC) at the Supreme Court and in all other matters involving this issue was that profit disgorgement were not punitive, hence not a penalty but rather remedial in nature so the SEC could clawback all monies generated as a result of the illegal action.  The decision, authored by Justice Sotomayor, was a 9-0 opinion which in the rarified world of Supreme Court decisions is about as clear a message as one can get. The Court first determined that profit disgorgement met the definition of a “penalty” under two basis, “First, whether a sanction represents a penalty turns in part on “whether the wrong sought to be redressed is a wrong to the public, or a wrong to the individual.” Second, a pecuniary sanction operates as a penalty if it is sought “for the purpose of punishment, and to deter others from offending in like manner” rather than to compensate victims.” [citations omitted] Thus, if a statute provided a compensatory remedy for a private wrong, it should not be characterized as penalty. Learn more about your ad choices. Visit megaphone.fm/adchoices

FCPA Compliance Report
Day 10 of One Month to Operationalizing Your Compliance Program

FCPA Compliance Report

Play Episode Listen Later Mar 14, 2017 12:56


Under the Prong entitled “Policies and Procedures” subtexted Operational Integration, the Evaluation states:  Payment Systems – How was the misconduct in question funded (e.g., purchase orders, employee reimbursements, discounts, petty cash)? What processes could have prevented or detected improper access to these funds? Have those processes been improved? While of the basic Watergate maxims has always been appropriate in any FCPA investigation, Follow The Money, the Evaluation takes payment systems and their internal controls several steps further past the detect and even investigatory precepts. There is not a set of “compliance internal controls” but rather internal controls permeating throughout an organization which creates their effectiveness. Today, we examine what are effective compliance internal controls and how the payroll function can assist in fulfilling those requirements.  What are internal controls?  What are internal controls in a FCPA compliance program? The starting point is the law itself, and as stated in the FCPA requires the following:  Section 13(b)(2)(B) of the Exchange Act (15 U.S.C. § 78m(b)(2)(B)), commonly called the “internal controls” provision, requires issuers to: devise and maintain a system of internal accounting controls sufficient to provide reasonable assurances that— (i) transactions are executed in accordance with management’s general or specific authorization; (ii) transactions are recorded as necessary (I) to permit preparation of financial statements in conformity with generally accepted accounting principles or any other criteria applicable to such statements, and (II) to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management’s general or specific authorization; and (iv) the recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action is taken with respect to any differences … The Department of Justice and SEC, in their 2012 FCPA Guidance, state, “Internal controls over financial reporting are the processes used by compa­nies to provide reasonable assurances regarding the reliabil­ity of financial reporting and the preparation of financial statements. They include various components, such as: a control environment that covers the tone set by the organi­zation regarding integrity and ethics; risk assessments; con­trol activities that cover policies and procedures designed to ensure that management directives are carried out (e.g., approvals, authorizations, reconciliations, and segregation of duties); information and communication; and monitor­ing.” Moreover, “the design of a company’s internal controls must take into account the operational realities and risks attendant to the company’s business, such as: the nature of its products or services; how the products or services get to market; the nature of its work force; the degree of regulation; the extent of its government interaction; and the degree to which it has operations in countries with a high risk of corruption.”  The FCPA Guidance specifies that internal controls are a “critical component” of a best practices anti-corruption compliance program. This is because the design of an organization’s internal controls must take into account the operational realities and risks attendant to the company’s business, such as the nature of its products or services; how the products or services get to market; the nature of its work force; the degree of regulation; the extent of its government interaction; and the degree to which it has operations in countries with a high risk of corruption. A company’s compliance program should be tailored to these differences. After a company analyzes its own risk, through a risk assessment, it should design its most robust internal controls around its highest risk.  Global Payroll Internal Controls  Max van der Klis-Busink, in his Global Payroll Management Institute’s three-part series, entitled “Take Charge With a Global Payroll Control Framework”, laid out how to design, implement and then improve internal controls around global payroll. His article details how one can operationalize your payroll controls to answer the questions posed in the Evaluation. There are several specific internal payroll controls which will facilitate a company operationalizing your compliance program, as required under the Evaluation. These controls help keep an eye on the money trail as the money to pay a bribe is usually hidden in some company expenditure. The four general areas of payroll control should include: (1) Segregation of duties; (2) Accountability, authorization, and approval; (3) Security of assets; and (4) review and reconciliation.  To meet these four general goals, consider using a selection of the following controls for payroll systems, irrespective of how timekeeping information is accumulated or how employees are paid:  Audit. Have either internal or external auditors conducted an annual audit of the payroll accuracy. Change authorizations. Only allow a change to an employee’s marital status, withholding allowances, or deductions if the employee has submitted a written and signed request for the company to do so. Any change request should be reviewed and approved by a manager more senior. Change tracking log. If you are processing payroll in-house with a computerized payroll module, have a secure change tracking which will provide an audit trail. Expense trend lines. This is your data and it is within your company somewhere. Look for changes in payroll-related expenses in the financial statements and then investigate if warranted. Issue payment report to supervisors. Request supervisors review payroll summaries for correct payment amounts and unfamiliar names. Restrict access to records. Prevent unauthorized access to payroll records. Segregation of duties. You should never allow one person prepare the payroll, authorize it and create payments.  The role of global payroll in FCPA compliance is not often considered in operationalizing your compliance program, yet the monies to fund bribes in violation of the FCPA must come from somewhere. Unfortunately, one of those places is out of payroll. All Chief Compliance Officers need to sit down with his or her head of payroll, have them explain the role of payroll, then you should to review the internal controls in place to see how they facilitate the goals of compliance. From that review you can then determine how to use payroll to help to operationalize your compliance program.  Three Key Takeaways The Evaluation focuses your preventive prong on payroll, supplementing the prior focus on detection controls. You still need internal controls around payroll to ‘follow the money’. Do not forget upgrading and updating payroll controls.  This month’s podcast series is sponsored by Oversight Systems, Inc. Oversight’s automated transaction monitoring solution, Insights On Demand for FCPA, operationalizes your compliance program. For more information, go to OversightSystems.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

Bridge the GAAP - Accounting Podcast
Accounting for Hackers

Bridge the GAAP - Accounting Podcast

Play Episode Listen Later Aug 23, 2015 13:30


Today the Bridge The GAAP – Accounting Podcast discusses challenges faced by rapidly advancing technology.  We discuss the topic by building a bridge that connects a hacker ring in Ukraine, SEC Rule 10b-5, and the hacktivist community called "Anonymous." We start off by discussing a complaint filed by the SEC on August 10, 2015, that charged 32 people in a securities fraud scheme involving hackers in Ukraine partnering with stock traders in the U.S. who allegedly realized illegal gains of $100 million over a five year period. In attempt to answer the question of whether or not this qualifies as insider trading, we take a closer look at the Securities and Exchange Act of 1934, Section 16(b) and Section 10(b).  We also examine SEC Rule 10b-5, Rule 10b5-1 and Rule 10b5-2 in order to gain a further understanding of when insider trading is prohibited and when it is allowed. This conversation leads to the broader topic of how rapid technological advances are outpacing our regulations and our preconceptions. The podcast ends by discussing Anonymous, the global community of hackers and activists, which has brought some of these issues into the public conscience.