Monthly Archives: January 2015

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‘Tron’-like headphones, virtual reality at Sundance and other stories you might’ve missed this week!

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Year-To-Date Winners: We Have Found The Market And It's Apple

APPLE – THE BEST OPPORTUNITY EVER?

I SEE APPLE GOING BACK ABOVE $300, SOONER RATHER THAN LATER

We get it. It’s been a busy week. Luckily, we’re here to catch you up on the release date of the Apple Watch, VR headsets in Hollywood and all the other cool stuff you may have accidentally glossed over during five days on the daily grind.

Tron’-like Glow headphones pulse to the music and your heart

These glowing earbuds hope to become much more than just a gimmick. If the Kickstarter for Glow goes as planned, the Fibrance cable will pulsate to your music and your heartbeat, as well as let you communicate with your phone over Bluetooth LE.

Oculus Story Studio is the Pixar of virtual reality

Already the talk of the gaming world, Oculus VR is now setting its sights on cinephiles. This year at Sundance Film Festival the company unveiled its new virtual reality film-innovation lab, Story Studio. Read what we had to say about the lab’s first short film here.

Catch up on all the virtual reality news from Sundance

But wait — there’s more! Virtual reality took Sundance by storm this year, and we were there to cover every innovation. Check out the immersive viewing options that could one day become a part of your theatergoing experience.

Sling TV preview: Does this $20-a-month cord-cutter service work as promised?

Does Sling TV have what it takes to replace good ol’ cable bundles? We took a long weekend to try it out. Find out how the streaming service held up to our viewing needs.

Tim Cook expects to ship the Apple Watch in April

Apple fans rejoice — the wearable you’ve all been waiting for is almost ready. While Apple has yet to name a specific date, the company’s CEO says the smartwatch should ship sometime in April 2015.

Sony closing Music Unlimited in favor of Spotify-powered service

We can’t say we’re sad to see Music Unlimited go, especially considering that our resident gaming expert Ben Gilbert politely refers to it as “hot garbage.” Sony’s new service, PlayStation Music, will now give users access to Spotify’s robust music library.

How a former Rockstar developer is leading a revolution in gaming

Navid Khonsari left Rockstar Games to pursue documentary filmmaking, but his latest project has led to a fusion of the two livelihoods. 1979 Revolution is a game, as well as a history lesson, surrounding one of the most pivotal events in Iran’s recent history.

Facebook wants to replace Twitter as your Super Bowl companion

Facebook can no longer sit idly by while Twitter has all the game day fun. The social network has unveiled a “Super Bowl experience” page as a hub for any stats, snubs or outrage you may want to express while “watching Super Bowl XLIX.”

The first live VR broadcast brought the beach to my backyard

Will live VR broadcasts become the new “staycation”? We tested the first ever live streaming experience on Samsung’s Gear VR headset and sent one of our Michigan-based editors on a virtual trip to Laguna Beach, California.

Of course ‘Law & Order: SVU’ is doing a GamerGate episode

It was bound to happen. We just hope Ice-T does a better job of handling online harassment than real-life authorities.

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Firms prepare for new tax rules as China vows crackdown

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My 2014 Best Performers, Looking Ahead To 2015

By Michael Martina

BEIJING (Reuters) – The Chinese government’s vow to increase tax scrutiny of foreign companies has sent firms rushing to tax advisors ahead of the implementation on Sunday of new rules designed to rein in cross-border tax avoidance.

Tax professionals and business lobbies alike have welcomed the move as an attempt to bring China’s tax regime more in line with international standards.

But it has also caused concern that authorities could use the policy, which came into effect on Feb. 1, as a political tool to put the pinch on foreign companies, on top of what business lobbies lament is an increasingly tough business climate in the world’s second largest economy.

“We’ve definitely been getting a lot of questions from clients on how to avoid being investigated for anti-avoidance measures,” said Roberta Chang, a Shanghai-based tax lawyer at Hogan Lovells.

The measures, an elaboration on China’s existing “general anti-avoidance rule” or GAAR framework, have more companies taking a hard look at how they structure their businesses.

Under the new policy, for example, a firm that invests in China through companies in Hong Kong or Singapore to take advantage of tax benefits that do not exist between China and its home country could find itself on the wrong side of Beijing tax authorities if it cannot prove it has substantial business operations there or employees on the ground.

“Companies are increasingly putting substance in their holding companies,” Chang said.

Andrew Choy, Greater China International Tax Services Leader at Ernst & Young, said the GAAR rules are a signal that companies need to pay attention to tax planning.

“In general, people will be more conservative,” Choy said.

Chinese regulators hit Microsoft Corp (MSFT.O) with about $140 million in back taxes last November, an early case of what could be a wave of “targeted actions” to stop profits going overseas, according officials at China’s State Administration of Taxation.

With a slowing economy likely to reduce 2015 fiscal revenue growth to a three-decade low of just 1 percent, according to a Deutsche Bank report, it makes sense for Beijing to try to boost its coffers.

Tax specialists say companies need to be aware that China’s tax regime is evolving, albeit as part of a global trend to curb tax avoidance.

At a meeting of G20 leaders in Australia in November, Chinese President Xi Jinping endorsed a global effort to crack down on international tax avoidance.

“Compared to the U.S. or the UK, China’s tax rules are still simpler. But China doesn’t want to be seen as an undeveloped country with tax rules. It wants to catch up to other international players,” Chang, of Hogan Lovells said.

FAIR AND TRANSPARENT?

At the forefront of evolving international tax policy is the debate about whether the right to tax should be tilted towards industrialised, capital exporting countries where firms reside, or so-called source countries such as China, where many generate significant profit.

“There is a large element from a government policy perspective that has to do with whether China is going to tax particular profits or some other country,” said Jon Eichelberger, a tax expert and partner at Baker & McKenzie’s Beijing office.

Chinese state media has said tax evasion and avoidance by foreign companies costs the world’s second largest economy at least 30 billion yuan ($4.8 billion) in tax revenues each year.

Larry Sussman, managing partner at O’Melveny & Myers’ Beijing office, said the scope of the scrutiny could also reach private equity firms and M&A activity.

“Anything cross-border coming in and coming out, for that matter, which could implicate Chinese investors,” Sussman said.

Despite the elaboration to the GAAR rules, they remain loosely defined, giving tax authorities discretion on whether companies meet the demands for economic substance.

James Zimmerman, Chairman of the American Chamber of Commerce in China, said Chamber members welcomed an upgrade to the tax regime, so long as the policies were consistent with China’s World Trade Organization obligations.

“AmCham-China is hopeful that the Chinese government will apply the tax laws and regulations in a fair, uniform, and transparent manner, and we will be monitoring China’s enforcement record going forward on behalf of our member companies,” Zimmerman said.

(Editing by William Waterman)






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Outlook Illustrates Microsoft’s New Mobile Strategy

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My 2014 Best Performers, Looking Ahead To 2015

Outlook in the Apple App Store (image: Ewan Spence) Outlook in the Apple App Store (image: Ewan Spence)

When your market share is firmly in the niche territory, when your handset business is focused on the low-end low-margin space, and when your mobile operating system is going to be quietly pushed aside for a grand unified vision, how do you stay relevant in the mobile space?

Software.

That appears to be Microsoft’s mobile strategy. Approaching the one-year anniversary of his appointment as CEO, Satya Nadella’s idea of ‘cloud first, mobile first’ is becoming clearer. You hit it out the park with software.

The release of Outlook for iOS and Android devices this week is a good case in point. While the application is a slightly reworked and rebranded version of Acompli (a Microsoft acquisition from December last year), it speaks to Nadella’s vision of Microsoft in the mobile world.

To start with, Acompli was never available for Windows Phone (all of the functionality of the Outlook service is part of Windows Phone), it focuses on Android and iOS. This version of Outlook is about bringing Microsoft’s service to the two dominant mobile platforms, and in a way that works well with each platform. It doesn’t impose ’this is Outlook so it’s going to look like Outlook no matter where it runs’ it is geared towards the platform. It’s a free download, just load it up and away you go.

Google’s version of Gmail on iOS should take note.

Microsoft is not imposing, it is offering. The end result might feel the same (you are running an app from Redmond), but Acompli/Outlook is not trying to push the idea of Microsoft’s Windows as the right way of doing things. The focus has moved away from ‘selling Windows’ as the primary goal of Microsoft, toward a future vision where products and services take the lead, where platforms support the software, and revenue is not dependant on shifting OS units.

Windows 10 will have a strong part to play, but it will be secondary. That OS is going to be given away as a free upgrade for existing desk-bound users, and the majority of Windows Phone handsets will also be bumped to the full version of Windows 10 during 2015.

The point is that ‘cloud-first, mobile-first’ does not mean OS first. It means that no matter where the user is, Microsoft will deliver their data to them in an appropriate way that works where they are. Mobile can mean the device, but it also means that data and ideas are mobile. They are not fixed in one place, in one device, or siloed to a specific platform.

Does this disrupt Microsoft’s old business model? Yes it does, and that’s the beauty of it. Nadella is facing up to the innovators dilemma, and he is not ready to let Microsoft slowly slide away on a pile of Windows 10 and MS-Office boxes. He is forcing the company to face the new challenges head on, with new models and new ideas. If they are internal ideas and projects, great, but if they are external (as Acompli was) then he’s more than happy to bring them in from the cold.

You can find more of my work at ewanspence.co.uk. I’m on TwitterFacebook, and Linked In. You should subscribe to my weekly newsletter of ‘Trivial Posts’.






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Coffee and iPhones: Investment advice from Kenny G

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My 2014 Best Performers, Looking Ahead To 2015

Kenny G, who has enjoyed a solo career that spans more than 30 years, says musicians entering the industry now should control their expenses and convert their finances into long-term investments.

“A lot of people don’t get to be out there as long as I have. It can end any time, so be smart,” said the 59-year-old sax player, whose real name is Kenneth Gorelick and has sold more than 75 million albums.

In an interview on CNBC’s “Squawk Alley,” he said multiple factors have driven his financial decision-making throughout his career. The smooth jazz artist said he actually majored in accounting in college because he “didn’t want to study music” and gained a knack for “common sense” budgeting.

Read MoreDonny Osmond’s advice: Reinvent yourself

Gorelick, who is widely considered one of the most successful instrumentalists of modern music, said he has always surrounded himself with smart people but has never hesitated to jump on a risky investment when he sees promise. A Seattle native, Gorelick used some of his musical earnings to invest in Starbucks in the mid-1980s as CEO Howard Schultz started to expand the company out of the Pacific Northwest.

“I didn’t know really know that much about coffee, but he’s such a charismatic guy, so smart, so passionate,” Gorelick said.

He has also maintained investments in Apple and Microsoft, another company based in the Seattle area. Gorelick added that artists should not only branch off into new ventures, but also invest intelligently if they want long-term financial success.

“Be smart about your investments, don’t think you’re bigger than you are and don’t think it’ll last forever,” he said.

Read MoreBob Dylan giving away album…to AARP members?

Even after 30 years in the business, the musician is still sporting his trademark long, curly locks. He joked that his famous hair certainly hasn’t hurt his career, saying “you’ve got to have good hair.”






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Has Apple Lost its Halo Effect?

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Year-To-Date Winners: We Have Found The Market And It's Apple

APPLE – THE BEST OPPORTUNITY EVER?

I SEE APPLE GOING BACK ABOVE $300, SOONER RATHER THAN LATER

Has Apple Lost its Halo Effect?This was quite a week for tech earnings! Apple delivered the most profitable quarter ever as they sold 74.5 million iPhones, roughly 575 every minute! Facebook continues to crush all estimates and the &#8220;can they monetize mobile&#8221; question now seems like ancient history. Mobile advertising doubled y/o/y to $2.5B and now accounts for 69% of total ad revenue. To the surprise of many investors, Amazon- a perennial money loser-earned .45 cents a share versus expectations of just .17 cents. And finally, despite Google missing on both the top and bottom line, feelings that the company will consider returning cash to shareholders sent the stock up 4.67%.I was very surprised to learn that Apple, Google and Amazon all delivering substantial gains after earnings has not happened since October 2009. Once upon a time this excitement, or the halo effect would have juiced other areas of the Nasdaq 100. This week, the rising tide from the most profitable quarter ever recorded was not enough to lift all boats; the Nasdaq 100 was down three percent.Here are a few more interesting stats from last week:93% of QQQ stocks were negative.The median stock was down 3.44%RYT, the equal weight technology ETF was down 3.96%, the third worst week since the summer of 2012 (139 weeks ago).40% of stocks in the QQQ were down at least 4%6 stocks in the QQQ were down at least 10%I have no idea what this means for the rest of the group going forward, but I do find it noteworthy that gains from four of the most followed companies in the world weren&#8217;t enough to keep the group positive. It&#8217;s scary to think what couldd have happened if these four stocks- which make up 28% of the index- had not delivered strong gains.

Has Apple Lost its Halo Effect?

This was quite a week for tech earnings! 

Apple delivered the most profitable quarter ever as they sold 74.5 million iPhones, roughly 575 every minute! Facebook continues to crush all estimates and the “can they monetize mobile” question now seems like ancient history. Mobile advertising doubled y/o/y to $2.5B and now accounts for 69% of total ad revenue. To the surprise of many investors, Amazon- a perennial money loser-earned .45 cents a share versus expectations of just .17 cents. And finally, despite Google missing on both the top and bottom line, feelings that the company will consider returning cash to shareholders sent the stock up 4.67%.

I was very surprised to learn that Apple, Google and Amazon all delivering substantial gains after earnings has not happened since October 2009. Once upon a time this excitement, or the halo effect would have juiced other areas of the Nasdaq 100. This week, the rising tide from the most profitable quarter ever recorded was not enough to lift all boats; the Nasdaq 100 was down three percent.

Here are a few more interesting stats from last week:

  • 93% of QQQ stocks were negative.
  • The median stock was down 3.44%
  • RYT, the equal weight technology ETF was down 3.96%, the third worst week since the summer of 2012 (139 weeks ago).
  • 40% of stocks in the QQQ were down at least 4%
  • 6 stocks in the QQQ were down at least 10%

I have no idea what this means for the rest of the group going forward, but I do find it noteworthy that gains from four of the most followed companies in the world weren’t enough to keep the group positive. It’s scary to think what couldd have happened if these four stocks- which make up 28% of the index- had not delivered strong gains.






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Weekly Tech Highlights: Apple’s iPhone Breaks Many Records, Google Disappoints And More

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Year-To-Date Winners: We Have Found The Market And It's Apple

APPLE – THE BEST OPPORTUNITY EVER?

I SEE APPLE GOING BACK ABOVE $300, SOONER RATHER THAN LATER

View photo

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Apple Inc. (NASDAQ: AAPL) is once again on top of the world.

The stock may not be at an all-time high, but the company’s quarterly results achieved another new record that may be impossible for any other company to match.

Read on to see what else happened during the last week of January.

Apple Sold 74.5 Million iPhones, Sustained Unprecedented Demand

Analysts were overjoyed by Apple’s record-breaking results.

“The 74.5 million iPhone units is obviously the screaming headline,” Cody Willard, a former hedge fund manager and chairman of Scutify (a financial social network), told Benzinga.

Better still, the iPhone 6 is experiencing the highest demand of any iPhone 90 days after launch.

Related Link: Amazon’s Q4 Reminds Investors That Competitors Are Still Trying To ‘Catch Up’

Amazon Prime Expected To Obtain 45 Million Subscribers

Amazon.com, Inc. (NASDAQ: AMZN) could be on the verge of massive subscriber growth.

“Amazon is really interesting right now,” Albert Fried analyst Rich Tullo told Benzinga. “It looks to me like they are very close to or preparing to approach 45 million U.S. [and UK] subs by the end of 2015. They could be pretty close to it now.”

Google’s Disappointing Results Were Downright Baffling

Analysts were stunned by Google Inc’s (NASDAQ: GOOG) weaker-than-expected performance.

“I’m sitting here shocked that Google literally can’t beat an earnings report,” Sean Udall, CIO of Quantum Trading Strategies and author of The TechStrat Report, told Benzinga. “This is the sixth out of the last eight quarters, I believe, that they have missed earnings numbers. It’s pretty crazy.”

Amazon Unveiled A New Service

The online retail giant has entered a new space: email.

Unlike Gmail and other mail clients, however, this one is strictly for the corporate world.

“I’m excited to try it out,” Willard told Benzinga. “I’m worried they’re trying to bring a solution to a problem that doesn’t exist, much like they did with the Amazon Fire Phone. They need to be careful and make sure it’s not a me-too product like the Fire Phone was.”

The Silver In Alibaba’s Earnings

Willard explained why Alibaba Group Holding Ltd’s (NYSE: BABA) disappointing results might actually be a good thing.

“I was shocked that a China-based company, based in the Cayman Islands and traded in the U.S., didn’t massage their numbers enough to blow away Wall Street in their report like this early on since [going] public,” Willard told Benzinga. “My point is, I actually have more confidence in this management now. If they meet their growth targets for this year and next, I think that stock runs 50 percent this year.”

Disclosure: At the time of this writing, Louis Bedigian had no position in the equities mentioned in this report.

See more from Benzinga

© 2015 Benzinga.com. Benzinga does not provide investment advice. All rights reserved.

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JPMorgan to pay $99.5 million to resolve currency rigging lawsuit

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By Jonathan Stempel

NEW YORK (Reuters) – JPMorgan Chase & Co (JPM.N), the largest U.S. bank, agreed to pay $99.5 million (66 million pounds) to settle its portion of an antitrust lawsuit in which investors accuse 12 major banks of rigging prices in the $5.3 trillion (4 trillion pounds)-a-day foreign exchange market.

Made public on Friday night, the settlement is the first in the nationwide litigation and resolved claims over JPMorgan’s role in alleged collusion among banks since January 2003 to manipulate the WM/Reuters Closing Spot Rates, known as the Fix.

It followed the New York-based bank’s agreements last November to pay roughly $1 billion in civil penalties to resolve related claims by U.S. and European regulators.

Investors including hedge funds, pension funds and the city of Philadelphia accused the 12 banks, which controlled 84 percent of the global currency trading market, of having impeded competition by conspiring to manipulate the Fix in chat rooms, instant messages and emails.

The JPMorgan settlement could form a basis for other settlements. It followed mediation with Kenneth Feinberg, a lawyer who also oversees General Motors Co’s (GM.N) programme to compensate drivers over faulty vehicle ignition switches.

In an affidavit, Feinberg called the JPMorgan settlement fair, reasonable and adequate.

“Although such analysis is preliminary, it does appear to be consistent with Class Lead Counsel’s evaluation of JPMorgan’s role in the FX market and JPMorgan’s market share over the class period (6%),” he said.

JPMorgan did not admit wrongdoing, and the settlement requires court approval. The bank did not immediately respond on Saturday to a request for comment.

The other bank defendants include Bank of America Corp (BAC.N), Barclays Plc (BARC.L), BNP Paribas SA (BNPP.PA), Citigroup Inc (C.N), Credit Suisse Group AG (CSGN.VX), Deutsche Bank AG (DBKGn.DE), Goldman Sachs Group Inc (GS.N), HSBC Holdings Plc (HSBA.L), Morgan Stanley (MS.N), Royal Bank of Scotland Group Plc (RBS.L) and UBS AG (UBSN.S).

On Wednesday, U.S. District Judge Lorna Schofield in Manhattan refused to dismiss currency-rigging claims against them. Five of those banks have also settled with regulators.

The $99.5 million payment includes $500,000 for notices and administration. Lawyers for the plaintiffs, led by Hausfeld LLP and Scott & Scott, plan to seek legal fees of up to 30 percent of the settlement funds, court papers show.

The case is In re: Foreign Exchange Benchmark Rates Antitrust Litigation, U.S. District Court, Southern District of New York, No. 13-07789.

(Reporting by Jonathan Stempel in New York; Editing by Kevin Drawbaugh and Stephen Powell)

 





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JPMorgan to pay $99.5 million to resolve currency rigging lawsuit

This post was originally published on this site

By Jonathan Stempel

NEW YORK (Reuters) – JPMorgan Chase & Co, the largest U.S. bank, agreed to pay $99.5 million to settle its portion of an antitrust lawsuit in which investors accuse 12 major banks of rigging prices in the $5.3 trillion-a-day foreign exchange market.

Made public on Friday night, the settlement is the first in the nationwide litigation and resolved claims over JPMorgan’s role in alleged collusion among banks since January 2003 to manipulate the WM/Reuters Closing Spot Rates, known as the Fix.

It followed the New York-based bank’s agreements last November to pay roughly $1 billion in civil penalties to resolve related claims by U.S. and European regulators.

Investors including hedge funds, pension funds and the city of Philadelphia accused the 12 banks, which controlled 84 percent of the global currency trading market, of having impeded competition by conspiring to manipulate the Fix in chat rooms, instant messages and emails.

The JPMorgan settlement could form a basis for other settlements. It followed mediation with Kenneth Feinberg, a lawyer who also oversees General Motors Co’s program to compensate drivers over faulty vehicle ignition switches.

In an affidavit, Feinberg called the JPMorgan settlement fair, reasonable and adequate.

“Although such analysis is preliminary, it does appear to be consistent with Class Lead Counsel’s evaluation of JPMorgan’s role in the FX market and JPMorgan’s market share over the class period (6%),” he said.

JPMorgan did not admit wrongdoing, and the settlement requires court approval. The bank did not immediately respond on Saturday to a request for comment.

The other bank defendants include Bank of America Corp, Barclays Plc, BNP Paribas SA, Citigroup Inc, Credit Suisse Group AG, Deutsche Bank AG, Goldman Sachs Group Inc, HSBC Holdings Plc, Morgan Stanley, Royal Bank of Scotland Group Plc and UBS AG.

On Wednesday, U.S. District Judge Lorna Schofield in Manhattan refused to dismiss currency-rigging claims against them. Five of those banks have also settled with regulators.

The $99.5 million payment includes $500,000 for notices and administration. Lawyers for the plaintiffs, led by Hausfeld LLP and Scott & Scott, plan to seek legal fees of up to 30 percent of the settlement funds, court papers show.

The case is In re: Foreign Exchange Benchmark Rates Antitrust Litigation, U.S. District Court, Southern District of New York, No. 13-07789.

(Reporting by Jonathan Stempel in New York; Editing by Kevin Drawbaugh and Stephen Powell)

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  • Company Legal & Law Matters
  • JPMorgan
  • foreign exchange market

 





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