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TENNESSEE — Labor Day: another holiday, another excuse to push the limits of the police power over citizens. All across the state, Tennessee police will be p…
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http:–www.hollycohenpa.com North Miami real estate lawyer experienced sale and purchase of residential and commercial properties,probateExtensive knowledge …
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Presentation by Rep. Steven Walsh, Chair, Health Care Financing Committee, Massachusetts, at the CSG 2013 Medicaid Policy Academy. On June 20-22, 45 Council …
Follow Us No : http://ift.tt/1qVBQ7S Ameesha Patel born Amisha Amit Patel on 9 June 1976.She is an Indian actress who appears in mainly Bol…
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Dr. Barr joined Harvard Vanguard in 2007 as a covering physician and has since become permanent at Medford. She received her medical degree from Harvard Univ…
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The beleaguered carrier is to cut around a third of its workforce as part of a restructure.
The airline's majority investor, sovereign wealth fund Khazanah Nasional, said it will slash staff by 6,000 to 14,000 as part of a massive overhaul aimed at stopping the long-term losses, which have been exacerbated by two of the biggest aviation disasters of the year.
The overhaul, which will also see Malaysia Airlines de-listed from the Kuala Lumpur stock exchange by the end of the year, is intended to make the carrier profitable within three years, Khazanah said.
Announcing its sixth quarterly loss yesterday, the airline said the full financial impact of the disasters will only be seen in the second half of this year, Bloomberg reported.
Bazuki Muhammad / Reuters
Damir Sagolj / Reuters
Maxim Zmeyev / Reuters
Recent tragic events and ongoing difficulties at MAS have created a perfect storm that is allowing this restructuring to take place.
We believe the 6 billion (ringgit, i.e. $1.9 billion) is not a bailout. We believe it will be recovered with re-listing.
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And it’s turning into a battle over links. Got it?
CreditForums / Via creditforums.com
A legal dispute that started with First Premier, a credit card issuer, demanding that a credit card review website take down all its information is turning into a battle over links is narrowing into a battle over links.
In federal court today in South Dakota, First Premier, a South Dakota-credit card company owned by United National Corporation, filed an amended complaint in its legal battle with Evolution Finance, the company that publishes CardHub, the credit card comparison website. It argued that CardHub had violated its trademarks by including information about the card after they had ended an advertising relationship in January, 2011 while still allowing its users to click a link to apply for the card
The suit, originally filed in April, received a scathing response in a motion to dismiss from Evolution's lawyers, who asserted a broad first amendment defense for its conduct. Their motion to dismiss the suit described it as an attempt to "suppress information about [First Premier's] credit cards on CardHub." CardHub continues to list a First Premier credit card, but it has no logos or an "apply now" button.
First Premier argues that by posting content on its card, including a link to apply for a card on First Premier's website, as well as "registered trademarks and unauthorized copes of First Premier's registered trademarks and unauthorized images of actual First Premier credit cards," Evolution Finance was acting as essentially an unregistered affiliate for First Premier. When contacted by First Premier's attorneys, Evolution Finance took down the "apply now" link on CardHub, but the link came back earlier this year after the site was updated.
First Premier later filed suit in federal court in South Dakota. The ongoing suit provides a window into the sometimes mutually beneficial and sometimes contentious relationship between credit card issuers and the sites that review them, as well as depend on them for their advertising.
In a memo also filed today, First Premier's attorneys said that the suit concerns the use of the link buttons to apply, "Nothing, more. Nothing, less." They also argue that using First Premier's logos and marks "in connection with links that send consumers to First Premier's application page is not intended to engender commentary or speech."
The focus on the link is "an odd strategy because it doesn't eliminate any of the First Amendment problems with their case," says Deepak Gupta, Evolution Finance's attorney. "The First Amendment protects people's right to link to other websites just as much it protects the right to criticize or discuss someone's products or services."
First Premier's cards, which are aimed towards consumers who already have lower credit scores and typically have high built-in fees, have long attracted scrutiny from regulators and consumer advocates. First Premier has defended itself as being one of the few companies willing to extend credit to less-than-worth borrowers, and that the fees are akin tot insurance.
First Premier sued the Federal Reserve and the Consumer Financial Protection Bureau in 2011 after the regulator interpreted a piece of legislation capping fees to include high upfront fees like the ones First Premier charged. Ironically, First Premier said that "unauthorized and inaccurate promotions...may trigger a review of Premier's advertising by the CFPB as well as invite the scrutiny of the Federal Reserve and the OCC [the Office of the Comptroller of the Currency, the national banking regulator]."
"All CardHub was doing was running banner ads, but when you run a banner ad you're not a regulated provider of financial services. The onus is on the bank to comply with banking regulations. The newspaper or the TV station or whoever runs the ads doesn't become subject to the banking regulations," Gupta said.
The First Premier Bank MasterCard has a $95 upfront fee, a $75 annual fee, and charges a feee of $6.25 per month after the first year, to say nothing of a 36% interest rate. While credit cards for consumers with little to no credit history tend to charge higher rates, the array of fees charged by First Premier are unusually steep. For example, the Capital One Secured MasterCard, which sports a four-star rating from CardHub, has a $29 annual fee and no upfront or monthly fees.
CardHub / Via cardhub.com
Many credit card comparison websites similar to CardHub do not include any information about First Premier products. "It's not a product that you want to be associated with, there's no upside to encouraging it or talking about it," said Charles Tran, the founder of CreditDonkey.com. "Our site ideally lists products where there's value to our readers, and there's almost no point to their products."
Kevin Yuann, credit card director at NerdWallet, said that First Premier's cards "are not an appropriate product for people to build credit" and that his company "wouldn't feel good about [referring] people to them." While NerdWallet has affiliate relationships with several large card issuers, Yuann said that the majority of cards they list come from issuers where a business relationship with the company does not exist.
In lieu of a review, NerdWallet published an item titled "Please Don't Get a First Premier Credit Card" describing two First Premier products as an "end run" around fees and transparency regulations.
On its main page for credit cards for people with bad credit, NerdWallet has a disclaimer: "so-called 'unsecured' credit cards will probably cost you a lot of money. Two big-name providers of unsecured credit cards are First Premier and First Progress. We refuse to participate in the referral programs of these banks, or to link to them directly, but you can find them via Google."
CardHub's remaining content describing First Premier products "used First Premier's trademarks to "deceive and mislead the purchasing public," as well as damage its "business, reputation, and goodwill" and breach its advertising agreement, the company said in another legal filing.
The president of First Premier's sister company Premier Bank Bankcard's president Miles Beacom told Consumer Reports that the company "needs to retain control of its product." Beacom did not return a call for comment. An earlier filing alleges that information on CardHub "can be incomplete, inaccurate or simply wrong," but does not list a specific instance of incorrect information.
CardHub said in its motion to dismiss the suit that "through this lawsuit, First Premier attempts to use trademark and unfair-competition law to silence protected consumer criticism of its controversial credit cards." The information still on the site was "basic, non-affiliate data that is kept about every major credit card in America," CardHub said in its filing.
First Premier asked for a preliminary injunction to halt the use of the "apply now" button as well as "all profits resulting from Defandants" unfair competition," as well as further restitution and legal fees. The company's case is far narrower that what it asked for in its original letters in July 2011 to Odysseas Papadimitriou, chief executive officer of Evolution Finance, which demanded that CardHub remove "any mention of the Aventium credit card, and any and all references to First Premier bank."
Gupta, who used to work at the Consumer Financial Protection Bureau said that it made no sense to view CardHub as a business competitor infringing First Premier's trademarks, "CardHub is not selling competing credit cards, they're not selling competing credit cards of their own and that's what the trademark law is about."
The entry on CardHub for the First Premier Bank MasterCard Credit Card now does not show any logos — not even the MasterCard logo — or contain a link to First Premier. It does, however, show an overall 2.3 out of five star rating, including 144 two star and 59 one star reviews out of 291 total.
First Premier also objected to the fact that, even after the companies ceased their affiliate relationship, there was still an "apply now" button on the listing for First Premier. The company claims that the information listed near the apply now button was not complete, as is required by regulations around credit card advertising.
In another filing, an employee of Premier Bankcard, First Premier's sister company, said that a user clicked the Apply Now button and was brought to a landing page which "encourages users to review the terms and conditions of the First Premier credit card and provides a link to a First Premier application, where full terms and conditions can be accessed." Even though CardHub receives no advertising revenue from First Premier, the company said that just having the listing on its website "can result in increased internet traffic."
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The parent company of Olive Garden, Longhorn Steakhouse and other fast casual dining chains delayed its annual shareholder meeting amid allegations it was giving different information out to different classes of investors regarding the sale of Red Lobster. Activist investor Starboard Capital isn’t happy with the move.
Keith Bedford / Reuters
Darden Restaurants announced today that it was delaying its annual shareholder meeting, less than two weeks after internal documents leaked showing that it had been telling investors two different stories about the rationale for its sale of Red Lobster.
Originally scheduled for September 30, Darden said in a Securities and Exchange Commission filing that it would now hold the meeting on October 10, citing a delay in the preparation of its final 2014 proxy statement, which provides investors with an overview of the company's financial health. Darden is desperate to present itself in the best possible light to its shareholders to help stave off an attack from Starboard Value — one of two activist investors that had opposed the Red Lobster sale — to replace its entire board. Starboard has nominated 12 representatives that shareholders will vote on at the gathering.
Darden, in a move that caught investors flat-footed, announced in May the sale of Red Lobster for $2.1 billion. But documents that surfaced last week show that prior to the deal closing Darden management sent a memo to a group of investors stating, in part, that, "The management team believes that each of these issues are temporary in nature, correctable, and that they have plans in place to return the business to historic levels of profitability." Put another way, the memo seemed to be saying that Red Lobster could be fixed and didn't need to be sold.
The memo, obtained by CNBC, is dated June 2014 and stands in stark contrast to what Darden was publicly about the Red Lobster sale. Publicly, Darden's management was telling investors that the sale was the right choice for the company, as it saw a long-term decline in Red Lobster's business and its didn't have the time to spend fixing.
Simultaneous with the Red Lobster sale's closing a month later, in late July, Darden's chairman and CEO Clarence Otis announced that hewould resign and the company conceded to giving Starboard three of the 12 seats on its board.
Starboard said in a statement that it "is extremely disappointed that [Darden] has unnecessarily delayed" its annual meeting and that it "believes the board's
actions represent yet another attempt to manipulate the corporate machinery and further solidifies Starboard's belief that change is immediately needed at Darden."
Starboard further said that it believes Darden "shareholders have suffered long enough," a clear indication that it is likely to continue to press the company's entire board despite the previously mentioned concessions from management.
A Darden representative did not return a request for comment.
The move, another part of the retailer’s efforts to win back American teens, illustrates how dramatically Abercrombie has changed in the past decade.
Abercrombie & Fitch's logo, which once helped the retailer command sky-high prices on graphic tees from America's youth, will be dead by this spring in the U.S.
"In the spring season, we're looking to take the North American logo business to practically nothing, but protect logo in international stores," Abercrombie Chief Executive Officer Mike Jeffries said on an earnings call today. "The logo business is larger in Hollister, and that becomes a little more difficult to overcome than it has in A&F, although we're overcoming that in both brands."
Abercrombie's recognizable moose, Hollister seagull and their respective brand names "will remain a factor in the rest of the world," where people are more keen to wear the Abercrombie name on their chests.
The announcement illustrates how dramatically Abercrombie has changed in the past decade.
The brand, once worn as a status symbol among American teenagers and college kids, is no longer viewed as elite and prestigious — and Abercrombie is well aware of that. Earlier this year, the company removed references to "East Coast traditions and Ivy League heritage" and words like "sexy," "idolized," and "privileged," from its corporate filings, and replaced them with phrases such as "confident and engaging" and "totally accessible."
It's also been trying to tone down the exclusive nightclub feel of its stores to get shoppers to actually come in, and design more fashionable clothing to better compete with rivals like H&M and Forever 21.
The hope is that Abercrombie can reverse a steady sales decline in the U.S., which still accounts for most of its $4.1 billion in annual revenue. The retailer reiterated today that it will close 60 stores domestically this year, and anticipates closing another 120 in the next two years. In the first two quarters this year, Abercrombie said its comparable sales tumbled 5% in the U.S. and 7% internationally. Its stock fell 4.5% to $42.01 earlier today.
Remind is rolling out a slate of new features today that will allow teachers to engage more fully with students and parents.
Remind, an education app that allows teachers to communicate securely with their students via text, surged yesterday to number three on the charts among free apps in the Apple App Store, making it the only education app to crack the top 25 this week. With schools nationwide starting in the coming weeks, it's prime season for education apps: Remind added almost 400,000 users yesterday, and is expecting at least 300,000 more today. Two other education apps, Edmodo and ClassDojo, are also in the free app store chart's top 50.
As the school year hasn't yet begun in many districts, the company says its user growth is almost entirely centered among teachers. When students come to class in the coming weeks and begin downloading Remind, the company hopes to see the app edge out Facebook Messenger and top the app store charts.
Remind has previously only allowed teachers — more than a million of them, at last count — to broadcast messages to parents and students via SMS. Today, the app plans to introduce a set of new features will allow students to engage with their teachers' messages, though only by choosing among a set of reply "stamps." The feature is an extension of the controlled, monitored communication that has led school districts to embrace the app's use in classrooms.
The "stamp" feature will expand Remind's capabilities beyond texted reminders, said Remind's CEO, Brett Kopf, allowing teachers to create take-home quizzes, track attendance or poll students and parents. He says the possibility to engage safely with students is a feature that Remind's teacher advisory board has been asking for for months.
"Every feature we've ever built has come from teachers," Kopf said.
Remind is among a score of education apps that is trying to subvert the traditional education software model, in which districts and schools purchase technology in bulk, by appealing directly to teachers with free apps, and spreading rapidly by word-of-mouth. But Kopf said the app is unique in its simplicity and focus.
"You'll see a lot of apps out there that are trying to make it easier to teach or plan lessons, but we're in the business of building relationships between teachers and students and parents," Kopf said. He founded the app with his brother, he said, because a key relationship with a teacher in grade school allowed him to overcome struggles with learning disabilities that had been holding him back.
Kopf also credits Remind's accessibility with the app's popularity. Remind's reliance on SMS, rather than in-app communication, isn't going away with the app's new features, Kopf said, because it allows the app to be used by parents without smartphones. He also said that Remind's features have proved especially popular in low-income districts, where parent engagement is a key issue for teachers, and parents' sometimes erratic work schedules can make it difficult to get in touch by phone.
The company has not yet monetized the app, and says it "will always be free" for teachers, but is weighing options for monetizing extra features for parents. Remind has 30 employees and raised $15 million in a Series B funding round last February that was led by Kleiner Perkins Caulfield & Byers.
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The FBI is investigating a wave of coordinated cyberattacks that have hit JPMorgan Chase and other U.S. firms in the past month.
Two unidentified sources — one a U.S. official and another a person briefed by U.S. law enforcement — discussed the incident with Bloomberg, with one saying that the theft of customer data could be used to drain accounts.
A third person said that employee data had been breached, and that the scale of the theft — which involved many gigabytes of data — meant there was potential for serious fraud.
Justin Sullivan / Getty Images
The attack may have been in retaliation for sanctions placed on the country for its involvement in the ongoing conflict in eastern Ukraine.
In a statement, JPMorgan spokesperson Trish Wexler said: "Banks of our size unfortunately experience cyberattacks nearly every day. We have multiple layers of defense to counteract any threats and constantly monitor fraud levels."
According to the Guardian, Wexler did not confirm the reports, and the FBI has so far declined to comment.
The Wall Street Journal said the hacking incidents marked a "significant breach of corporate computer security."
Bill Ackman likes to position himself as making investments that are “good for America,” and while he admits that some of his 30 activist campaigns have cost jobs, he believes he is ultimately a job creator.
Eduardo Munoz / Reuters
It would seem contradictory for Bill Ackman to claim to be a "net-net job creator" while also being at least partly responsible for roughly 30,000 job losses.
But the founder of $13 billion hedge fund Pershing Square Capital doesn't see any inconsistency. In fact, as he has often said over the years, his activist investing campaigns against the likes of Fannie Mae and Freddie Mac, J.C. Penney, Procter & Gamble, and many others are "good for America." Ackman is indeed fond of framing his investment ethos in patriotic terms, and he's trotted out this line repeatedly over the years, as recently as July during his latest presentation making the case for his short bet against nutrition supplement company Herbalife.
But employees at the companies he targets — many of whom end up representing the human capital Wall Street investors account for as "cost savings" in deals and turnaround scenarios — may not exactly view Ackman as a superhero investor draped in the American flag. Take, for instance, the 1,500 employees at Allergan, the most recent Ackman target, who were just laid off as a cost-cutting effort to stave off a hostile takeover by competitor Valeant he is attempting to orchestrate. Or J.C. Penney, which lost 19,000 jobs under the reign of Ackman-appointed CEO Ron Johnson and a campaign the hedge fund billionaire now admits was "a failure."
Still, in an interview with BuzzFeed, Ackman stood by his patriotic investing mantra, saying that the minor job losses resulting from the roughly 30 activist investing campaigns he's waged over the years were necessary to help save the companies and were a better alternative than having an entire workforce disappear in the event of a bankruptcy or liquidation.
"Companies have to be run more efficiently because the world is a competitive place. You can't just look at a job loss and say that's a bad thing," said Ackman, who added that on the whole his track record shows him to be a "net-net job creator."
Todd Korol / Reuters
He has a point, and one that statistics seem to corroborate.
What is perhaps Ackman's most successful activist campaign, Canadian Pacific, went from one of the worst performing railroads in North America — with a stock price around $42 per share when he first bought into the stock in 2011 — to what is now a more than $200 per share stock, netting Ackman, his investors, and the company's shareholders a hefty profit along the way. And though Hunter Harrison, the CEO Ackman put in place after joining Canadian Pacific's board, oversaw around 4,500 job cuts, Ackman said they were mostly early retirements.
"With Canadian Pacific, Hunter offered a job to anyone who wanted one, and very few people were fired, just really underperformers," Ackman said. "The vast majority of job reductions were voluntary retirements — people who chose to retire early in light of the older demographics of Canadian Pacific's workforce."
Ackman also pointed to the spin-off of Howard Hughes Corp. as another example of how his activism has created jobs that might otherwise have been lost. In late 2010, Ackman carved the commercial real estate company out of General Growth Properties, which at the time was toiling in the depths of a bankruptcy settlement.
Pershing Square and two other investors, Fairholme Capital Management and Brookfield Asset Management, invested nearly $7 billion to keep the company out of bankruptcy in order to spin-off Howard Hughes. After the deal, Ackman inherited a slew of partially built commercial developments, including several malls and New York City's South Street Seaport, as well as housing developments, all in need of completion. The deal, Ackman said, could create as many as 30,000 jobs in total.
"Had we not stepped into save General Growth, it would likely have liquidated or been sold and thousands of jobs would have been lost," Ackman said. "Howard Hughes is the only company we've ever created. To date it has created 18,000 jobs, [and] will create at least an additional 12,000 more over the next several years."
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Corinthian Colleges is also planning to sell off assets to raise much-needed cash, it told investors yesterday.
Beleaguered for-profit college operator Corinthian Colleges has failed to pay more than $380,000 of rent on its corporate headquarters, according to allegations in a previously unreported lawsuit filed last week in California. The lawsuit, filed by Corinthian's landlord, suggests the company's cash situation might be even more dire than previously understood and that the company may not have funds to pay rent on its own headquarters.
Corinthian, which has more than 70,000 students at its campuses nationwide, has been desperately trying to raise money this week in an attempt to keep from shutting down altogether. It even announced plans to sell off equipment belonging to its chain of automotive schools, in addition to some of its real estate and student loan notes. After the Department of Education cut off Corinthian's access to federal student loan money, which makes up the vast majority of the company's revenue, Corinthian reached an agreement to sell or close all of its campuses within six months. That agreement temporarily averted immediate bankruptcy for Corinthian, but the company has still been struggling to come up with the money it needs to keep schools open until it manages to sell them.
The suit by Corinthian's landlord alleges that the company hasn't paid a cent of the $381,000 that it owes in rent on its headquarters in Santa Ana, Calif., though it continues to occupy the space. Corinthian's executives could be forced out of their corporate suite if the landlord wins the suit.
Yesterday, the company landed in more hot water after another attempt to raise the cash it needs to keep operations going. It sold off a multimillion-dollar portfolio of private student loans, a sale that the Consumer Financial Protection Bureau alleged violated both the Dodd-Frank Act and the Fair Debt Collections Act. The CFPB is currently investigating Corinthian, which is also being sued in several states and is facing a criminal probe by federal prosecutors.
Kent Jenkins, Corinthian's spokesman, did not immediately respond to an after-hours request for comment on the lawsuit.
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A massive outage affected Time Warner customers across the country Wednesday morning.
Kevork Djansezian / Getty Images
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After refusing for years to lower a large monthly fee for its storage, Dropbox has finally changed its price scheme for subscribers and is placing a bet on the added value on top of it.
Stephen Lam / Reuters
Toward the end of a meeting in Dropbox's sunny offices on the San Francisco bay, product head Chen Li Wang tucked a rather massive shift in the company's entire business model as something of an afterthought.
Billed as a "simplification" of Dropbox's Pro plan, the subscriber version tailored to power users that require a lot of storage, the company said it would begin charging $9.99 a month for 1 terabyte of storage, effectively eliminating its existing price scheme. Prior to the new model, Dropbox would charge as much as $50 a month for 500 gigabytes of storage.
The new pricing model effectively marks the final shift of Dropbox being a company centered around cloud storage, to a company that is centered around the software that sits on top of that storage. It's a move that has been a long time coming, and one that Dropbox is making after several other companies like Box did so earlier in the year.
Dropbox's viability of a business now comes down to whether it can convince the most active of its 300 million users to pay for the services it can provide on top of a terabyte of storage, a locker so large that Wang said he was not expecting anyone to hit the limit any time soon. Not surprisingly, as part of the revamp of its Dropbox Pro service, the company said it was unveiling a number of new features centered around file-sharing and security.
A screenshot of the upgrade page before the new Dropbox Pro revamp.
Dropbox
"In the past we've had three different plans with pro, but we see content going digital," Wang said. "The more people use dropbox the more they rely on it. We're simplifying it for all their needs... The goal is, we don't want people to worry about how much space or what plan to choose — they're too busy. I just want you to take care of it. Today we're simplifying it, this is the new pro."
In addition to the new pricing structure, there are some additional features coming for Pro users. One feature allows users to share files, like photos or documents, but disable the recipient's ability to edit those files. Dropbox users can also share files for set periods of time, like a week or a month, before the link expires. Dropbox users can also now remotely wipe the Dropbox files they have saved or shared from other computers once that computer connects to Dropbox over the Internet.
The focus on these new features, Wang said, was simplicity and "keeping the number of taps to a minimum." Indeed, much of the reason behind Dropbox's quick growth has been thanks to its simple interface — it's basically a folder on a computer and an app on a phone — and its fast synchronization. Dropbox, for example, will begin to synchronize parts of a file to other devices before they have even been completely uploaded to the company's servers, minimizing the amount of time it takes to show up on other devices. The company has seen its users grow 200% in the past 18 months, Dropbox head of marketing Kitty Oestlien said.
And the fate of Dropbox will, inevitably, lie within its ability to prove its service is better than those offered by competitors and large incumbents like Apple and Google that are investing in online storage services. Those companies don't rely on storage as a primary stream of revenue, instead including them as a feature to keep users on their products, like the iPhone and Gmail.
"They're not doing it because there's any economics in the storage of information, the economics are that information is now currency," Box CEO told BuzzFeed in an earlier interview. "If you can have more of a customer's photos, then they're going to want more of those apps and devices to get those photos."
Dropbox, too, recently began targeting big corporations as large potential clients. The company charges $15 per user per month, and offers a huge suite of features for those clients that would make it attractive to managers with large budgets for infrastructure and technology. One feature available to business customers is the ability to see in real time how colleagues are editing files, like PowerPoint presentations or documents. Dropbox is being used by 4 million businesses, and has users coming from 97% of the companies on the Fortune 500 list.
Beyond storage, Dropbox is also looking to a portfolio of applications that would help expand its network to mobile devices. It has a photo-storage application called Carousel, and an email client called Mailbox, which also recently came out of beta on Mac. Still, those applications haven't quite caught traction among mainstream users in the way some of Google's most popular apps like Maps or social networking services like Snapchat have.
In many ways, Dropbox's challenges in mobile are like the ones Facebook faced when it went public. Facebook had to completely re-orient its priorities and build new advertising products for mobile devices, which it succeeded in, rocketing the company to a valuation more than $200 billion. And like Facebook, if Dropbox were to remain a completely open platform, there is a risk that a smaller company using it can come in and build a better experience for a specific kind of file sharing, like photo sharing.
Still, the updates to Dropbox Pro represent a surprising olive branch. Dropbox Pro now costs as much as Dropbox's old cheapest option, which cost $9.99 a month for 100 gigabytes of storage. It's a move that, per market forces, was a long time coming, and now it is up to Houston and Dropbox to prove to investors that the company is worth the $10 billion valuation it had as part of its last financing round.
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The retailer’s numbers were verified by an external consultancy. The disclosure comes on the heels of a broader trend of reporting diversity numbers in Silicon Valley.
Gap Inc.
Gap Inc., as part of a national move towards transparency around the gender wage gap, disclosed Tuesday that it pays men and women equally for the same jobs.
The retailer, which also owns Old Navy, Banana Republic, Athleta and Piperlime, confirmed the one-to-one ratio with Exponential Talent LLC, a consulting firm focused on diversity and gender-related strategy. It chose to announce its findings today on the anniversary of the day the 19th Amendment, guaranteeing women the right to vote, was certified. Gap was founded in 1969 by Donald and Doris Fisher, a husband-and-wife team.
"Starting with co-founder Doris Fisher, we have a proud tradition of developing and promoting strong women leaders and mentors – from our stores to our divisions to our senior management," Gap chief executive officer and chairman Glenn Murphy said in an e-mailed statement to BuzzFeed. "More than 70% of our workforce is female. Removing gender bias from pay practices is the right thing to do and it is good for business."
Policymakers and companies have been working to close the wage gap between men and women, with President Obama signing two executive orders this spring calling for federal contractors to share more details on what employees earn. While statistics around the pay gap vary, an oft-cited finding from the Institute for Women's Policy Research says full-time working women in America earn roughly 82% of what men make.
It's unusual for a Fortune 500 company to offer up its internal pay gap numbers. Of course, Gap's happen to be great. But broadly, the disclosure comes as Silicon Valley firms begin reporting internal diversity figures to the public. Twitter, Google, Facebook and Yahoo have all revealed ethnic and gender diversity data in recent months, though they haven't reported pay gap information.
"There's this huge battle for good talent and Gap and other companies want to be the company that people want to work for — this message, I think, is an example of the kind of culture they have," Beth Roberts, the head of analytics at Exponential Talent, said in a telephone interview. "It's certainly on the leading edge of disclosures, but companies are starting to be more transparent…we're finding that in Silicon Valley right now, and I think it's a good thing."
Daniel Schwartz, Burger King’s CEO, repeatedly said that tax savings from the deal were minimal and not a driver of the deal. But while that may be true today, the more the company grows overseas, the better deal it gets from being Canadian.
Jean-Paul Pelissier / Reuters
On a conference call with analysts and reporters Tuesday to discuss its $11 billion deal with Canadian coffee-and-donuts chain Tim Hortons, Burger King CEO Daniel Schwartz repeatedly insisted that the potential for tax savings was "not a driver of this deal."
The claim goes against one of the most basic principals of corporate dealmaking — that tax savings are one the primary drivers of merger and acquisition acitivity, along with cost-related synergies. Executives, however, were eager to downplay any potential tax consequences so that it could tamp down the backlash that erupted over concerns that it was simply another "inversion," where a U.S.-based company buys a smaller, overseas firm and incorporates in the target company's country expressly for the purpose of lowering its tax bill.
These types of deals have drawn harsh criticism from President Obama, who said they were "unpatriotic," and Burger King's Facebook page was flooded with critical comments (and a call for a boycott), and at two Democratic senators issued statements criticizing the deal after news of deal talks broke.
"Burger King has and will continue to pay taxes in the United States," Schwartz said. Alex Behring, who will be executive chairman of the newly formed Canadian parent company of the two brands, also noted that the two companies have similar tax rates despite being headquartered in the U.S. and Canada, respectively. In 2013, Burger King's effective corporate tax rate was 27.5%, while Tim Hortons' was 26.8%. Tim Hortons' headquarters will remain in Oakville, Ontario after the deal is completed, while Burger King's will remain in Miami, Florida.
"We don't expect there to be meaningful tax savings or a meaningful change in our tax rate," Schwartz said.
But while Schwartz's claim may be true today, and during the regulatory review process for the deal, the company could reap significant tax savings if it continues to grow overseas. A Burger King spokesperson did not comment on a set of questions about the tax advantages of the deal.
Terms of the deal call for a new company to be created and based in Canada that will be 51% owned by 3G Capital, the private equity firm run and founded by Brazillian billionaire Jorge Paulo Lemann while Burger King's existing will own 27% of its shares while Tim Hortons' get the remaining 22%. And, as executives emphasized on the call, the deal is about growing Tim Hortons overseas. It "represents a transformational opportunity to bring two iconic brands together on a common platform for global growth," Behring said.
Here's where the devil is in the details. The U.S. tries to tax all income earned overseas, whereas Canada has tax deals with many countries that allow Canadian companies to avoid taxation on overseas income.
This means that for Burger King's overseas subsidiaries, having a Canadian parent company could lead to lower taxes if they are transferred to the new company, said Lee Shepherd, a contributing editor at Tax Notes. Totally new subsidiaries, Shepherd said, "are going to be underneath the new Canadian parent. So in the future, that new subsidiary doesn't owe U.S. tax because it's under the new Canadian parent."
Put another way, had Burger King located the joint company in Miami, money earned from Hortons expansion or new Burger Kings could be subject to U.S. corporate taxes or have to be held outside the United States. Schwartz said that the new company will be based in Canada "because that is the largest shared market for the company." This is true, largely because Tim Hortons locations are overwhelmingly located in Canada, which is also one of Burger King's largest overseas markets.
Many companies, including Burger King, keep their overseas income out of the United States to avoid paying high corporate rates. Burger King has some $499 million of overseas earnings that it classifies as "permanently reinvested." In 2013, Burger King had $428 million in revenues from outside the U.S. and Canada — 42% of its $1.15 billion in revenue — but only provided for $1 million in taxes on the $2.7 million of its foreign profits it expected to bring back to the U.S
Further, much of Burger King's recent strategy has been to grow quickly and widely overseas, meaning the overseas cash is likely to continue piling up, in addition to what Tim Hortons accumulates outside of the US or Canada under its new leadership. Schwartz admitted on Tuesday's call that the future growth of the two companies could affect its tax situation, "over time it will evolve as a function of where we develop restaurants around the world."
In a conference call earlier this month, for instance, Schwartz described France as a place to "quickly grow the Burger King brand." He also said that expansion into India could be a "key growth driver for years to come" and that a meat plant in South Africa may "one day accelerate our expansion into the rest of Sub-Saharan Africa."
"The future benefits of foreign earnings depend on the success of your foreign expansion," Shepherd said, "to have no taxes on foreign earnings you have to have foreign profits in the first place."
While the number of Burger Kings in the United States and Canada has been roughly stable, with 7,550 in 2010 and 7,436 in 2013, the number overseas has grown from 4,701 to 6,231 in the same time sapn, a 33% increase. The fast food chain's percentage of revenue derived from outside the US or Canada has grown to 42% last year from 35.8% in 2011, and based on its expansion plans that should only continue to grow.
"There are a number of geographies where we continue to either not have a presence or we're very underpenetrated," Burger King chief financial officer Josh Kozba said at a conference in June. "So, we feel [like we have] really long runway of growth for the brand, which is what makes us very excited."
So, despite what executives are claiming today, Shepherd said of the deal: "There's a huge tax aspect to it."
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Here’s 10 tips to keep you out of that dreaded “Maybe they didn’t get it???” inbox purgatory.
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Assume that your recipient gets a ton of email and that his or her inbox generally resembles Grand Central Station at rush hour. Make your subject lines direct and convey as much information as possible succinctly, so your recipient knows what to expect when he or she opens it.
Sometimes you can say all you need to say in the subject line. No email body needed!
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"Just make sure your question IS a quick one!," says Michelle Schwartz, manager of marketing and communications at the Global Institute of Sustainability
at Arizona State University. "If you've written your email well, they'll write back with questions of their own, and voilà , dialogue!"
The company continues to roll out several business-focused products as it ramps up its advertising business.
Pinterest said today it was rolling out a new tool for businesses, which will track how specific pins are performing on the service.
Called Pinterest Analytics, it's yet another tool that the company has launched in service to businesses as it begins to ramp up its advertising products. Twitter and Facebook also offer these kinds of tools as they help businesses craft better tweets and Facebook posts that better resonate with users.
While the company hasn't released a sort of earth-shattering product that has validated its $5 billion validation just yet, Pinterest is instead slowly piecing together a complete set of tools for businesses through a series of small updates. The site launched an advertising product that allows any business to create pins that will be promoted on the site in June that it is testing with a few businesses.
Pinterest most-recently raised $200 million in a financing round that valued the company at $5 billion in May. The site is generally pegged by the technology investment community to be the best-positioned to surface a variety of content — such as locations or clothing — that users effectively didn't know they were seeking.
Being able to surface interesting content from the web carries with it natural commerce implications, such as showing users pieces of clothing that they end up buying. Pinterest has launched a number of new tools for users that help do just that, including a new search engine that behaves more like a flow chart than a series of keywords. In July, it rolled out a new way to follow topics like "Mustangs" and "Halloween," which then surfaces Pins related to those topics in the user's home feed.
What an un-fun mess.
From left: Eric Stonestreet, Jesse Tyler Ferguson, and Julie Bowen of Modern Family.
ABC
It's really too bad that the Emmys hate the future.
Let's not say critical things about Modern Family. It's not Modern Family's fault that Emmy voters chose a show about people who hate each other as the winner for Outstanding Comedy Series for the fifth year in a row. They're not going to turn it down, are they? (But really, the only classy thing to do would be to demur next year. Seriously.)
That television, both content- and business-wise, has changed more in the past 15 years than it had in the previous 50, is an oft-stated truism. Because it's true! And tonight, the Emmys had a chance to reward one recent and crucial development among these earth-shattering shifts by voting for Netflix's Orange Is the New Black for Outstanding Comedy Series.
Beginning with the first episode of its first season, Orange Is the New Black, adapted by Jenji Kohan from Piper Kerman's memoir of the same name, was a self-assured and fully realized piece of entertainment. The kind you want sit down and watch 13 episodes in a row of, at the expense of other facets of your life. That's the thing: Netflix's original series have to grab you, or they won't work. It's a viewer-friendly model, these shows that want you to eat them like Pringles — and, more importantly, to pay a subscriber fee to be able to watch.
For that reason, the comedy competition this year was, for once, more interesting than that among the dramas. It really did seem like the wondrous, addictive Orange Is the New Black, brought to you by the company that is changing how we watch TV, was going to win it.
But it wasn't to be. For the second year in a row, the Academy made such weird choices. HBO's The Normal Heart barely won anything, FX's Fargo barely won anything, and most winners in all of the acting categories had won many times before. The Amazing Race won again, and PBS's Sherlock took home three Emmys, which — ha, what?
Some of those were well-deserved victories. A few were horribly lazy choices. And, as a whole, all of the surprises — including the ones I don't like personally — could seem delightful if they appeared to be purposeful, propelled by an internal logic. Or if they didn't feel like they were emanating from a nearly dead horror-movie monster that was determined to take a few more souls to hell with it before shuffling from this dimension forever. In short, they're ahistorical selections made in fear, in a broken system.
Television has become a Rubik's Cube, but Emmy voters want still to pretend it's a line.
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The King is moving north.
Carlo Allegri / Reuters
Peter Jones / Reuters
It's official: Burger King and Tim Hortons are going to merge, with Warren Buffett's help.
In a deal announced Tuesday morning the two companies said that they would be forming a third company 51% owned by the private equity firm 3G Capital, run by Brazillian billionaire Jorge Paolo Lehmann. 3G currently owns about 70% of Burger King's stock. Combined, the new company will have over 18,000 locations and $23 billion in sales across them.
The company will be based in Canada but will be lead by Burger King's executive chairman Alex Behring and Burger King chief executive officer Daniel Schwartz, who will keep his Burger King job while Tim Hortons chief executive officer Marc Caira will be vice chairman of the new group in addition to his current role.
Also playing a role is Berkshire Hathaway chief Warren Buffett, who also teamed up with 3G in its takeover of Heinz early last year. Buffett will be putting up $3 billion in the deal, getting back preferred stock which will pay him a dividend. The rest of the money comes from debt financing raised JPMorgan and Wells Fargo.
The combined company, while still maintaining the separate brands, gives Burger King a slice of the higher-profit breakfast-and-profit business and Tim Hortons, which has reached saturation level in Canada, a chance to expand globally. Tim Hortons will also expect to come under the thrifty management style of 3G, which has limited the use of color copying and FedEx in some of the companies it owns as well as getting rid of cushy executive offices.
Both Burger King and Tim Hortons stock surged yesterday when the companies announced they were in talks. Burger King's shares advanced almost 20% while Hortons went up 19%. Hortons shareholders will get C$65.50 for their shares, along with .8025 shares of the new company, about C$94.05 per share total, around $86. Before news of the deal talks broke, Hortons was trading at C$68.78.
One reason why both companies stock soared — usually the target company shareholders get a boost while the acquiring company's stock flags after deal talks are announced — is more favorable taxation by basing the new company in Canada, which has lower corporate taxes than the U.S. as well as a more favorable treatment of money earned overseas. About 42% of Burger King's revenue comes from outside the U.S. and Canada.
Deals like this one, where a larger U.S. company acquires a smaller overseas one and then changes its corporate citizenship — known as inversions — are increasingly popular and have drawn criticism from Democrats in Congress as well as the President. While White House press secretary Josh Earnest declined to comment on the deal yesterday, Democratic senator Carl Levin called it and "example of why Congress can't afford to wait any longer to put a stop to tax dodging through this kind of merger."
The two companies put it differently in their statement: "The combination generates substantial value for shareholders of both companies and provides the opportunity for shareholders to participate in the new company's long-term value creation potential."
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