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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

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