October 2010 Newsletter - Financial Executives International
October 2010 Newsletter - Financial Executives International
October 2010 Newsletter - Financial Executives International
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President’s<br />
Corner<br />
Steve Martin<br />
SDFEI President<br />
BakBone Software<br />
Dear Colleagues:<br />
In September we initiated our fall<br />
season of dinner meetings with a fantastic<br />
overview of the Del Mar Thoroughbred<br />
Club by CEO, Joe Harper.<br />
Joe was very engaging and set the bar<br />
high for our upcoming slate of dinner<br />
speakers in this coming year. I hope all<br />
of you will be able to join us at an upcoming<br />
meeting.<br />
FEI is a national organization of financial<br />
executives that has representation<br />
at the national level before legislative<br />
and regulatory bodies in our profession.<br />
At the local level, the chapters<br />
support professional interaction and<br />
information sharing among finance<br />
professionals, FEI sponsors and other<br />
support professionals.<br />
Based upon my recent involvement<br />
with both the national and local leadership<br />
teams, I am pleased that FEI is<br />
working diligently to evolve into an<br />
organization that remains relevant to<br />
the career development of many finance<br />
and non-financial professionals.<br />
FEI is seeking to build a structure<br />
and culture to respect the prestige of<br />
executive members, while increasing<br />
(continued on page 4)<br />
FEI San Diego<br />
Chapter <strong>Newsletter</strong><br />
<strong>October</strong> <strong>2010</strong><br />
Volume <strong>2010</strong> — No. 8<br />
SDFEI Focuses Attention on Health Care<br />
With Sharp’s Michael Murphy <strong>October</strong> 21<br />
With today’s substantial outlays for healthcare occupying the minds<br />
and efforts of San Diego financial executives, SDFEI turns to Sharp<br />
HealthCare President & CEO Michael Murphy for insights at the<br />
chapter’s dinner session Thursday <strong>October</strong> 21, Marriott La Jolla.<br />
Register via e-mail at pierpoint2@cox.net or call Paul at<br />
619.231.5953. Timeline: Reception at 5:30pm; Dinner at 6:30pm;<br />
and Mr. Murphy’s insightful comments at 7:30pm.<br />
Mr. Murphy is president and chief executive officer of Sharp<br />
HealthCare. He oversees a workforce of nearly 14,000 employees,<br />
2,600 affiliated physicians and 2,000 volunteers. They provide care<br />
and service in a fully integrated not-for-profit system that includes<br />
four acute-care hospitals, three specialty hospitals, three affiliated<br />
medical groups, five urgent care centers, four skilled nursing facilities,<br />
home health, hospice, state-of-the-art outpatient facilities and a<br />
health plan.<br />
Mike Murphy grew up in Southern California. He is a graduate of<br />
California State University at Long Beach and is a certified public<br />
accountant. His career in health care spans more than 20 years. He<br />
served as chairman of the board of the Greater San Diego Regional<br />
Chamber of Commerce in 2005.<br />
Recent reports reveal that at least 15% of the U.S. population is<br />
completely uninsured and a substantial additional portion of the population<br />
(35%) is "underinsured", or not able to cover the costs of their<br />
medical needs. Per person, more funds are spent on health care in the<br />
United States than in any other nation in the world. Despite the fact<br />
that not all citizens are covered, the nation has the third highest public<br />
healthcare expenditure per capita. Learn more <strong>October</strong> 21 at SDFEI!<br />
DUES PAY FOR SDFEI MEETINGS<br />
Each chapter program is financed by local dues remitted by chapter members.<br />
None of your national dues are applied to any chapter dinners, nor to<br />
the cost of your newsletter, nor to the members’ directory nor to other costs<br />
of providing benefits and services for you at the chapter level. Your annual<br />
San Diego Chapter dues investment covers the cost of meals, banquet wine,<br />
parking, audio-visual equipment and hotel fees. Renew membership today!
2<br />
FEI SAN DIEGO CHAPTER<br />
<strong>Newsletter</strong> Editor: Paul Pierpoint<br />
Post Office Box 13054<br />
La Jolla, CA 92039-3054<br />
Phone: 619-231-5953<br />
Fax: 1-619-231-5958<br />
Email: pierpoint2@cox.net<br />
Website: www.financialexecutives.org<br />
<strong>October</strong> 21, <strong>2010</strong><br />
Marriott La Jolla<br />
Board of Directors<br />
Professional Development Seminar<br />
Insurance Panel — “Healthcare”<br />
Reception<br />
Dinner with Michael W. Murphy,<br />
President & CEO, Sharp HealthCare<br />
Presentation by Mr. Murphy<br />
November 18, <strong>2010</strong><br />
Marriott La Jolla<br />
Board of Directors<br />
Professional Development Seminar<br />
“Tax & Other Updates”<br />
By Sara Mankiewicz, Deloitte<br />
Director — Lead Tax Services<br />
Reception<br />
Dinner<br />
Presentation by Guest Speaker<br />
December <strong>2010</strong><br />
No Meeting Scheduled<br />
January 19, 2011 (Wednesday)<br />
Marriott La Jolla<br />
Board of Directors<br />
Reception<br />
“Dinner with SEC”<br />
James Kroeker (Invited)<br />
Chief Accountant, SEC<br />
Presentation by Mr. Kroeker<br />
February 17, 2011<br />
Marriott La Jolla<br />
Board of Directors<br />
Professional Development Seminar<br />
“Revenue Recognition”<br />
PricewaterhouseCoopers Experts<br />
Reception<br />
Dinner with Dan McAllister<br />
Presentation by Dan McAllister,<br />
San Diego County Treasurer and<br />
Tax Collector<br />
March 17, 2011<br />
Marriott La Jolla<br />
Board of Directors<br />
Professional Development Seminar<br />
Reception<br />
Dinner<br />
Presentation by Guest Speaker<br />
3:15pm<br />
4:30pm<br />
5:30pm<br />
6:30pm<br />
7:30pm<br />
3:15pm<br />
4:30pm<br />
5:30pm<br />
6:30pm<br />
7:30pm<br />
4:00pm<br />
5:30pm<br />
6:30pm<br />
7:30pm<br />
3:15pm<br />
4:30pm<br />
5:30pm<br />
6:30pm<br />
7:30pm<br />
3:15pm<br />
4:30pm<br />
5:30pm<br />
6:30pm<br />
7:30pm<br />
<strong>October</strong> PD Seminar: Health Care Panel<br />
A health care panel of insurance experts continues the <strong>2010</strong> series<br />
of SDFEI Professional Development Seminars <strong>October</strong> 21, headed up<br />
by two of SDFEI’s Sponsoring Partners, Barney & Barney and<br />
Marsh-Mercer, joined by BB&T-John Burnham Insurance professionals.<br />
Panelists are Barney & Barney’s Principal Emeritus Dan Murphy;<br />
Marsh-Mercer’s San Diego Office Leader Brian Cote; and participation<br />
by BB&T-John Burnham Insurance’s Ron Hensley, Denise<br />
Hujing, Kandace McCrae, and Jim Iacometti. Register at pierpoint2@cox.net<br />
or call Paul at 619.231.5953. See you there!<br />
Chapter Leadership At Work For SDFEI<br />
SDFEI’s Board began <strong>2010</strong>-11 with its summer strategic planning meeting held<br />
at La Jolla Beach and Tennis Club. Above (l.-r.) Past President Gary Correia<br />
and visiting FEI President-CEO Marie Hollein on the beach promenade with<br />
Board Member Tom Nirschl of USAopoly and Chapter President Steve Martin<br />
of BakBone Software. Above right, Ms. Hollein offered a comprehensive overview<br />
of <strong>Financial</strong> <strong>Executives</strong> <strong>International</strong>, its myriad programs and benefits.<br />
Below, SDFEI’s Board met in September. Pictured (l.-r.) are Paul Sullivan of<br />
the YMCA of San Diego County; Greg Hanson from Brinson Patrick Securities;<br />
Patrick Edd of Annex Brands; Past SDFEI President Gary Correia; and President<br />
Steve Martin. Back to camera are (l.-r.) Vernon Evans of the San Diego<br />
Regional Airport Authority; Carolynn Workman with Hybrid Investment Group;<br />
SDFEI Treasurer Barrett Lambert from Autosplice, Inc., and SDFEI Secretary<br />
Tom Zech, Marshall Edwards, Inc.<br />
Not pictured are Board Members — Immediate SDFEI Past President Chris<br />
Peavey of Watkins Manufacturing; SDFEI VP-Special Events Ron Dutt; Steve<br />
Fisher of SAIC; SDFEI VP-Professional Development Tesfaye Hailemichael; Dr.<br />
Sharon Lightner of San Diego State University; SDFEI Key Club Member Phil<br />
Nerhood; Tom Nirschl with USAopoly, Inc.; Kit Sparks from Cushman & Wakefield;<br />
consultant Julie Rayle; and Jessica Walker of TGG Accounting.
Member Roster Stands At 180 . . .<br />
<strong>Financial</strong> <strong>Executives</strong> Continue to Join SDFEI in <strong>2010</strong>-11<br />
Tricia Gilmore<br />
Cubic Corporation<br />
Tricia Gilmore became the Director of <strong>Financial</strong> Planning and Reporting of Cubic Corporation in<br />
March 2008. Previously, she was the Manager of that department. Tricia joined Cubic in May<br />
2006.<br />
Prior to employment with Cubic Corporation, she performed Accounting Management roles for<br />
various organizations, from medical device distribution to municipal government. Tricia is an<br />
alumna of PricewaterhouseCoopers, originally starting with Coopers and Lybrand in 1996.<br />
Mrs. Gilmore received her B.S. in Business Administration (Accountancy) from San Diego State<br />
University in 1996.<br />
Greg Hamilton<br />
Enigma Diagnostics Inc.<br />
Greg Hamilton was appointed Chief Operating Officer and Chief <strong>Financial</strong> Officer of Enigma<br />
Diagnostics Inc. in <strong>October</strong> of 2009. Enigma Diagnostics is a molecular diagnostics manufacturer<br />
that has developed a novel “sample to result” real time PCR platform for use in the point of care<br />
setting. Prior to Enigma Diagnostics he was Vice President of Operations at Hologic, Inc. which<br />
acquired Third Wave Technologies in July 2008.<br />
Mr. Hamilton received his M.B.A. from the University of Chicago Booth School of Business<br />
and a B.S. degree in Finance from Purdue University.<br />
Victoria Krivogorsky, Ph.D<br />
San Diego State University<br />
A faculty member in the Charles W. Lamden School of Accountancy, Dr. Krivogorsky’s research<br />
and teaching experience includes serving as visiting faculty at ESSEC-Paris, ESCP-EAP European<br />
School of Management in Paris; Higher School of Economics in Moscow; and l’Universite<br />
d’Avergne, Clermont-Ferrand, France. Her research interests rest in the areas of IFRS and corporate<br />
governance.<br />
Her research efforts resulted in numerous academic publications. and she presented the results of<br />
her research efforts at business schools and conferences in France, Netherlands, Switzerland, Portugal,<br />
Finland, Poland, Russia, Turkey, Italy and China.<br />
Dr. Krivogorsky received her Ph.D in economics from the Academy of Sciences of Soviet Union and Ph.D in<br />
accounting from the University of Wisconsin-Madison.<br />
Jeff Slovak<br />
Pro Performance Sports (SKLZ)<br />
Jeff Slovak is the Chief <strong>Financial</strong> Officer for Pro Performance Sports. He relocated from Chicago<br />
to join the company in <strong>October</strong> 2009. Previously he worked at ACCO Brands where he<br />
held a variety of divisional and corporate roles. His most recent role within ACCO was the Vice<br />
President-Finance for the Workspace Tools division.<br />
Prior to ACCO, Jeff worked in the audit department of Fortune Brands and started his career in<br />
public accounting at Deloitte and Touche.<br />
Jeff received his B.S. in Accounting from Miami University and an M.B.A. from Northwestern<br />
University’s Kellogg School of Management.<br />
3
4<br />
Politics & Business. . .<br />
Building A Relationship<br />
The news media, elected officials, regulators,<br />
customers, shareholders, and interest<br />
groups are all exerting a tremendous<br />
amount of influence over policy, politics<br />
and boardroom decisions. Two political<br />
insiders recently met at an FEI Houston<br />
gathering to share perspectives on the impact<br />
that the changing regulatory environment<br />
and upcoming mid-term elections<br />
will have on the private sector.<br />
<strong>Financial</strong> executives saw a lively interaction<br />
and debate between Dan Bartlett,<br />
President and CEO, Public Strategies, Inc.<br />
and former Counselor to President George<br />
W. Bush; and Jeff Eller, Vice Chairman,<br />
Public Strategies, Inc. and former Media<br />
Affairs Director to President Bill Clinton.<br />
With Election Day just around the corner,<br />
anti-incumbent sentiment high and<br />
public opinion of government and corporations<br />
at historic lows, the unrest of the electorate<br />
is being felt at ballot boxes and<br />
boardrooms across the country.<br />
From the public’s opinion of government<br />
and corporate America to hot topic issues<br />
and political predictions, FEI Members<br />
gained valuable insight and an “in the<br />
trenches” viewpoint on the upcoming elections<br />
and the current political landscape.<br />
— Michelle Lewis, Public Strategies, Inc.<br />
mlewis@pstrategies.com Ph:512.432.1784<br />
Cont’d from Page 1<br />
President’s Corner<br />
awareness and creating a pipeline for future<br />
members. There are some exciting<br />
developments in this area and I look forward<br />
to sharing them with you in future<br />
communications.<br />
Thanks for your continuing support of<br />
the San Diego Chapter of FEI and please<br />
encourage others who may benefit from<br />
being part of our San Diego FEI<br />
“Community” to contact me about joining<br />
us at an upcoming meeting.<br />
Help Steve Martin Build SDFEI<br />
Route your dues to SDFEI, P.O. Box<br />
13054, La Jolla, CA 92039. Or call Paul<br />
at 619.231.5953 for credit card payment.<br />
<strong>International</strong> Tax Legislation Changes<br />
By Patrick Connolly<br />
PricewaterhouseCoopers LLP<br />
<strong>2010</strong> has shown to be another active year for<br />
international tax law reform in the U.S. From<br />
the new contract manufacturing regulations becoming<br />
effective on January 1, <strong>2010</strong> for calendar<br />
year taxpayers (these rules impose current<br />
US tax on certain income of a controlled foreign<br />
corporation where the foreign corporation engages<br />
a contract manufacturer), to the enactment<br />
of new withholding, reporting and disclosure<br />
requirements (the "FATCA" rules) to address<br />
Mr. Connolly.<br />
offshore tax compliance, to the codification of<br />
economic substance (which denies tax benefits associated with a<br />
transaction where the transaction serves no economic purpose<br />
other than tax savings).<br />
Continuing the wave of international tax reform, President<br />
Obama signed into law on August 10, <strong>2010</strong> H.R. 1586 which<br />
included eight additional targeted international tax law changes<br />
anticipated to generate $11 billion in revenue for the government.<br />
One international provision is a change in the foreign tax credit<br />
rules related to deemed dividends to the U.S. taxpayer from a<br />
second or lower-tiered foreign corporation (typically arising from<br />
loans by that foreign corporation to its US parent group, referred<br />
to as "section 956 assets").<br />
Under this new rule, a taxpayer may no longer look solely to<br />
the pool of foreign taxes paid or accrued by that lower-tiered foreign<br />
corporation if a dividend from that corporation to its immediate<br />
foreign parent and then up the corporate chain to the U.S.<br />
group would have resulted in a lower foreign tax credit being<br />
available to the taxpayer. In that case, only the lower foreign tax<br />
credit may be claimed.<br />
This rule is effective for section 956 assets acquired by a controlled<br />
foreign corporation after 12/31/10. Another international<br />
provision denies taxpayers foreign tax credits to the extent the<br />
foreign tax is on income that will otherwise not be subject to<br />
U.S. tax because of a "covered asset acquisition".<br />
A "covered asset acquisition" arises, for example, when a taxpayer<br />
purchases the stock of a foreign corporation and then<br />
makes a U.S. election to increase the tax basis in that foreign corporation's<br />
assets (such as goodwill and other intangibles). Annual<br />
amortization and/or depreciation deductions of those assets occur<br />
solely for U.S. tax purposes as a result of this election, and while<br />
the income of the foreign corporation is not decreased for local<br />
foreign tax purposes, the deductions result in lower earnings for<br />
that foreign corporation for U.S. tax purposes.<br />
Consequently, while the foreign corporation may make a future<br />
distribution to its U.S. shareholder and the distribution is treated<br />
as a dividend for foreign purposes, the distribution may be<br />
(continued on page 5)
Environmental Challenges . . .<br />
Sempra Tackling Renewable Energy<br />
By Mark Fisher, VP & Controller<br />
Sempra Generation<br />
At Sempra Energy we’re focused on a lowcarbon<br />
energy model, and plan to invest nearly<br />
$15 billion over the next five years to bring new<br />
supplies of clean and reliable energy to our customers.<br />
We believe these investments are consistent<br />
with public policy initiatives at both the federal<br />
and state level.<br />
We are expanding the supply of renewable energy<br />
through investments in solar and wind fa-<br />
Mark Fisher.<br />
cilities. One such project is the 48-megawatt<br />
Copper Mountain Solar facility, currently being built by our Sempra<br />
Generation subsidiary in Nevada. The project consists of over<br />
750,000 solar panels on nearly 400 acres and is one of the largest<br />
photovoltaic solar facilities in North America.<br />
The primary benefits of renewable energy are: an elimination carbon<br />
emission, which reduces global warming; cleaner air; use of<br />
natural resources that are not depleted by energy production; and<br />
decreased reliance on foreign resources.<br />
But, even with all of the benefits, renewable energy faces a variety<br />
of challenges that make its development very difficult.<br />
A major challenge to the development of renewable energy is the<br />
availability of electric transmission capacity. Just as power produced<br />
from fossil-fueled sources must travel across transmission<br />
lines to reach consumers, so must renewable energy. Often, renewable<br />
energy is produced in remote locations that require extensions<br />
from the existing transmission network to reach them. Both new<br />
electric transmission projects and renewable energy projects typically<br />
face long regulatory reviews and legal challenges.<br />
Additional challenges are the current economic environment,<br />
which is making it difficult for many developers to obtain the financing<br />
they need to build projects, and production limitations for supplies<br />
of solar panels and wind turbines. But, it’s fair to say that renewable<br />
energy is here to stay and will become an increasingly important<br />
part of our nation’s energy mix in the coming years.<br />
Index of Leading Economic Indicators . . .<br />
San Diego Economy Static in August <strong>2010</strong><br />
The USD Burnham-Moores Center for Real Estate's Index of Leading<br />
Economic Indicators for San Diego County was unchanged in August, according<br />
to Professor Alan Gin of the University of San Diego’s School of<br />
Business Administration. Although there was no decline, the unchanged<br />
reading breaks a string of 16 consecutive increases in the USD Index.<br />
Four of the components in the Index were up: Help wanted advertising<br />
and the outlook for the national economy registered medium-sized gains<br />
while local stock prices and consumer confidence were positive but virtually<br />
unchanged. Rounding out a month that saw no significant changes in<br />
either direction, building permits declined moderately while initial claims<br />
for unemployment insurance were slightly negative.<br />
Cont’d from Page 4<br />
Tax Legislation Changes<br />
treated as a non-taxable return of capital<br />
for U.S. tax purposes because those deductions<br />
may have offset all of the foreign<br />
corporation's income.<br />
The "covered asset acquisition" rule<br />
acknowledges this disparity between the<br />
calculation of income for U.S. and foreign<br />
tax purposes and prevents a taxpayer<br />
from claiming a foreign tax credit<br />
for foreign taxes associated with amounts<br />
that are not treated as income for U.S.<br />
tax purposes due to deductions that arise<br />
for U.S. tax purposes but not for foreign<br />
tax purposes. This rule is effective for<br />
"covered asset acquisitions" after<br />
12/31/10.<br />
<strong>International</strong> tax law changes proposed<br />
by President Obama in the President's<br />
2011 budget include an extension<br />
through 2011 of (a) the controlled foreign<br />
corporation "look-through" exception<br />
to current US tax on passive transactions<br />
between a taxpayer controlled foreign<br />
subsidiaries (e.g., royalty, interest<br />
and dividend payments). An unfavorable<br />
proposal in the budget is to currently tax<br />
a new category of income of a controlled<br />
foreign corporation for excess returns<br />
generated by the foreign corporation<br />
from intangible property transferred by<br />
the US shareholder to the foreign corporation<br />
if the corporation is low-taxed.<br />
The details of this proposal have not yet<br />
been provided.<br />
What Are Taxpayers to Do?<br />
In the face of international tax legislation<br />
uncertainty, taxpayers are encouraged<br />
to stay up to date on legislative developments<br />
and be proactive in their<br />
planning. Understanding the impact of<br />
the various proposed international tax<br />
changes may provide a taxpayer the opportunity<br />
to preserve benefits they may<br />
have otherwise expected to realize in the<br />
future.<br />
ABOUT THE AUTHOR<br />
Mr. Connolly is a partner in Pricewaterhouse-<br />
Coopers' SoCal international tax practice.<br />
More: patrick.t.connolly@us.pwc.com. PwC’s<br />
SDFEI Sponsoring Partner is Rich Kalenka.<br />
5
6<br />
SDFEI SPONSORING PARTNERS<br />
<strong>October</strong> <strong>2010</strong><br />
Please include SDFEI’s Sponsoring Partners in<br />
your business relationships to help assure them<br />
that their participation in your professional society<br />
is a worthwhile business experience.<br />
Lenora Preciado, Bank of America Merrill Lynch<br />
619.515.7485 leni.preciado@baml.com<br />
Trindl Reeves, Barney & Barney LLC<br />
858.457.3414 treeves@barneyandbarney.com<br />
Mike Metz, Bowne & Co.<br />
858.623.9936 mike.metz@bowne.com<br />
Anthony Vicari, Capital Advisors Group<br />
858.812.2962 tvicari@capitaladvisors.com<br />
David Crabb, CB Richard Ellis<br />
858.546.2652 david.crabb@cbre.com<br />
Theresa Drew, Deloitte<br />
619.232.6500 tdrew@deloitte.com<br />
John Clift, Ernst & Young LLP<br />
858.535.7200 john.clift@ey.com<br />
Michael McCloskey, Foley & Lardner LLP<br />
619.234.6655 mmccloskey@foley.com<br />
Karen Miles, Houlihan Lokey<br />
310.788.5243 KMiles@HL.com<br />
David Fredrickson, KPMG LLP<br />
858.750.7100 defredrickson@kpmg.com<br />
Steven Berk, Marsh-Mercer<br />
858.552.4234 Steven.R.Berk@marsh.com<br />
Richard Kalenka, PricewaterhouseCoopers LLP<br />
619.744.8000 Richard.F.Kalenka@us.pwc.com<br />
Paige Simon Boyd, Resources Global Professionals<br />
619.230.7640 Paige.SimonBoyd@resources-us.com<br />
Susan Pace, Robert Half Management Resources<br />
858.452.2626 Susan.Pace@rhi.com<br />
Judy Thompson, Thompson Search<br />
858.452.1200 judy@thompsonsearch.com