Daily Archives: June 5, 2022

Deutsche Bank, DWS Raided Over Allegations of Greenwashing – Yahoo Finance

Posted: June 5, 2022 at 2:29 am

(Bloomberg) -- Deutsche Bank AG and its asset management unit had their Frankfurt offices raided by police, adding to the legal headaches facing Germanys largest lender.

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Law enforcement officials on Tuesday morning entered the twin towers where Germanys largest lender is headquartered, as well as the nearby premises of DWS Group, according to a statement from the prosecutor that confirmed an earlier Bloomberg report. The search is related to accusations of greenwashing against the asset manager.

We have continuously cooperated fully with all relevant regulators and authorities on this matter and will continue to do so, said a spokesman for DWS. Deutsche Bank said that the measures are directed against unknown people in connection with greenwashing allegations against DWS.

DWS has faced regulatory probes in the US and Germany after its former chief sustainability officer, Desiree Fixler, alleged last year that the company inflated its ESG credentials. As well as adding to the list of regulatory and legal issues for Deutsche Bank Chief Executive Officer Christian Sewing, the raid is a high-profile early example of lenders facing legal consequences for greenwashing.

DWS shares fell more than 5% on the news and Deutsche Bank declined as much as 2.6%. While DWS is publicly listed, Deutsche Bank owns an almost 80% stake.

Fixler has said that DWSs claims that hundreds of billions of its assets under management were ESG integrated were misleading because the label didnt translate into meaningful action by relevant fund managers. DWS has since stopped using the label.

The Frankfurt prosecutor said it started its investigation in January, triggered by reports on Fixlers claims. It since found sufficient indications that contrary to the statements in the sales prospectuses of DWS funds, ESG factors actually only played a role in a minority of investments.

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The raid involved about 50 people including staff from watchdog BaFin, one person said. Its targeting as-yet-unidentified DWS staff and executives.

DWS CEO Asoka Woehrmann fired Fixler in March last year, saying in a memo to staff that her unit hadnt made enough progress. She sued for unfair dismissal but lost the case before a Frankfurt labor court in January.

German police are doing are very good and thorough job, Fixler said by phone. I am pleased to see this investigation is deepening to obtain further evidence.

Deutsche Banks top echelon has been drawn into the greenwashing affair as well. Regulators probing the issue have asked the lender about the role of deputy CEO Karl von Rohr, who is also the chairman of DWSs supervisory board. He was the main recipient of Fixlers email when she first flagged her ESG concerns to DWS shortly after she was fired. Von Rohr helped arrange an external audit into her claims that cleared DWS, people familiar with the matter have said.

For Woehrmann, the raid is another blow after he faced scrutiny over his use of personal email for business purposes and the role his relationship with a German businessman played in deals. Sewing has backed Woehrmann so far, not least because DWS has been performing well under him. But the negative news flow has frustrated the lenders leadership, Bloomberg has reported.

The latest raid comes about a month after Deutsche Banks headquarters were searched over suspicions that it was too late in reporting potential money laundering. While Sewing has long sought to shake off Deutsche Banks past of heavy fines and mend relationships with regulators, a number of new issues have popped up since he took office four years ago.

The bank recently was found in breach of a deferred prosecution agreement with the U.S. Department of Justice, and it received a scathing letter from the U.S. Federal Reserve over deficient controls last year. BaFin has initiated a probe of Deutsche Bank over private communications and the lender is facing a similar investigation in the US, Bloomberg has reported.

(Updates with Fixler statement in 10th paragraph.)

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Kevin Durant says Stephen A. Smith, other media members, ruined the NBA – Yahoo Sports

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The war between Brooklyn Nets star Kevin Durant and the NBA media continued this week in a series of tweets stemming from, of course, something Stephen A. Smith said on ESPN's "First Take."

Durant took offense when Smith said Michael Jordan changed the game of basketball for the worse because of how he "individualization the sport." Smith argued the NBA focused more on players rather than teams after Jordan's ascension which negatively changed the dynamic of the game.

"Michael Jordan is responsible as much as anybody for changing the game for worse," Smith said. "He was so phenominal that the NBA marketed the individual, the audience gravitated towards the individual and the game became a bit more individualized. ... What I'm saying is you were thinking 'team' until Jordan elevated it to another level. And from Jordan then you had the Kobes and the Vince Carters and others that came along thereafter and the individualization of the sport particularly because of the money that came with it became more of a focal point.

Durant refuted that idea and instead suggested in a tweet on Thursday that media personalities like Smith, Skip Bayless and Shannon Sharpe actually changed the game for the worse. Not the players.

That ignited a series of reply tweets from other fans and journalists. The first being, of course, Smith himself. The ESPN analyst played the "we are legion" card by claiming there are "thousands more" media personalities like himself who are "not going away."

Eddie Johnson, a color analyst for the Phoenix Suns, disagreed with Smith's argument but responded to Durant's tweet by calling today's athletes "too dam (sic) sensitive." To that Durant responded that media members are actually the ones who are too sensitive and "can't take what ya'll dish out."

This isn't the first time Durant clashed with the media. His social media fights have been the stuff of legend online, and he's gone after just about everyone fans and journalists alike.

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He called out Shannon Sharpe of "Undisputed" in 2021 for talking about a fake quote and then posted a photo showing Sharpe blocked Durant on Twitter. He clapped back at Chris Broussard in 2019 for suggesting a Warriors title without him would be Durant's "worst nightmare." He even called C.J. McCollum a "snake in the grass" in 2018 after the then-Blazers guard called Durant's decision to play for the Warriors "soft" on his podcast. Back in 2015, Durant called NBA writer Chris Palmer a "dumba**."

Durant eventually publically spoke about his frustrations with how he was represented by the media during his tenure with the Golden State Warriors earlier this year with the Ringer. He said he felt isolated from the rest of the coverage of the team and subject of more scrutiny for his actions than his teammates.

I just think I deserved a little bit more respect than that. I came out here and gave back money, sacrificed my name, and went out here and sacrificed my body every night to be the best that I can be. I just asked for a little bit more respect to wait until after the season than to badger me every day, all year with questions like that [about free agency]. I thought it was unfair to me and the whole group to even think about anything that was going to happen after the year. It was unprofessional, in my opinion.

This certainly won't be the last of Durant's Twitter feuds, so long as people like Smith have his attention with their fiery takes.

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TPC Group files for bankruptcy with thousands still awaiting payouts; attorney Brent Coon responds – Port Arthur News – The Port Arthur News

Posted: at 2:28 am

Mere hours after TPC Group announced it filed for bankruptcy protection in a Delaware courtroom, Beaumont attorney Brent Coon held a news conference to explain how his firm would continue working to recuperate funds for more than 1,000 Southeast Texans who filed claims against the chemical plant.

Coon said lawsuits filed against the company also included other groups affiliated with TPC, such as engineering firms and chemical companies.

A large number of Coons clients still have damage and unpaid medical bills and have yet to receive any compensation, he said.

After the explosion occurred, TPC initially set up a compensation program to pay property owners that program lasted a couple of months, then TPC quit that program, he said. The reason they quit the compensation program was because they ran out of the money to do so.

Payouts began soon after a major loss of containment of butadiene produced a vapor cloud that ignited at 12:56 a.m. Nov. 27, 2019. The explosion caused damage to homes, schools and other structures in the immediate area, with debris as far as Bridge City. A second explosion the following day forced a mandatory evacuation for a four-mile radius.

Coon said his firm has been looking over TPCs financial records for a while, and also has been working with procure bankruptcy counsel for more than a year in the event TPC filed for bankruptcy.

The company, he said, filed thousands of thousands of pages of documents requesting relief. That, he added, meant TPC would still be setting aside huge amounts of money for ongoing operations and business relationships.

TPC released a statement soon after the bankruptcy announcement saying unprecedented events such as COVID-19, supply chain issues, higher energy costs and Winter Storm Uri caused financial strain. The 2019 explosion was also cited.

We have been working diligently to address the impacts of these events in close coordination with our financial stakeholders to consider the best path forward for our business and our stakeholders to ensure we strengthen our capital structure and position us to be a stronger, more competitive business, setting us up for long-term success and future growth opportunities, the company said in the statement.

To that end, today, TPC Group took the next step in our journey to secure a stronger financial future by filing for voluntary protection under Chapter 11 of the U.S. Bankruptcy Code to begin the transformational recapitalization of our business. This process will allow us to expand upon the progress weve already made as we work to put TPC Group on the path to sustained, profitable growth and achieve the potential we know our business has with an appropriate underlying financial structure.

TPC said the action will allow for stronger business in the future.

TPC Group is dedicated to continually improving all aspects of our operations and driving our environmental performance to meet or exceed regulatory requirements and industry practice, the statement said. Our commitment to community, being a good neighbor, and operating safely and in an environmentally sound manner is unwavering.

Coon disagreed.

TPC hasnt been good to our community, he said. They abandoned our community.

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Bankruptcy 101: Lease Assumption, Assignment, and Rejection – Bankruptcy Basics for New and Non-Bankruptcy Attorneys – JD Supra

Posted: at 2:28 am

This entry is part of Nelson Mullinss ongoing Bankruptcy Basics blog series that is intended to address foundational aspects of bankruptcy for non-bankruptcy practitioners and professionals. This entry will discuss lease rejection in chapter 11 bankruptcy cases.

One critical component of chapter 11 bankruptcy cases is the debtors ability to assume or reject certain executory contracts, including leases of nonresidential real property. Under section 365 of the Bankruptcy Code, a chapter 11 debtor has 120 days (currently 210 days pursuant to an extension in the CARES Act) to assume or reject leases. This assumption/rejection window can be extended by court order for an additional 90 days. Any further extension requires agreement of the debtor and the landlord.

Assumption of a lease in chapter 11 allows for the lease to remain ongoing throughout the life of the bankruptcy case. In order to assume a lease, the debtor must cure any arrears and show adequate assurance of future performance under the lease.

Similarly, a debtor may assume and assign a lease. Assumption and assignment may occur under the Bankruptcy Code even if the lease includes a clause preventing assignment. Assumption with an intent to assign still requires curing all arrears and a showing by the assignee of adequate assurance of future performance. If cure and adequate assurances are satisfied, the lease will be assumed under the current terms of the lease.

If a lease is not assumed in the timeframe provided by the Bankruptcy Code, it shall be deemed rejected. Rejection results in the termination of the lease. Upon rejection, either by affirmative action by the debtor to reject the lease or by expiration of the assumption window, the lease is deemed terminated as of the date that the debtor filed for bankruptcy. The landlord may retake possession of the property upon rejection and is owed breach damages to be calculated starting from the petition date.

Rejection damages are subject to a statutory cap under Bankruptcy Code section 502(b)(6). This statutory cap is intended to ensure that potentially large landlord rejection damages do not disproportionately affect other unsecured creditors upon rejection. The cap is the greater of (1) one years rent or (2) the rent for 15 percent, not to exceed three years, of the remaining term of the lease. Typically, the cap takes the place of mitigation factors, as courts treat the imposition of the cap as a form of mitigation, meaning that other mitigation issues are not considered when calculating the capped damages.

In sum, the Bankruptcy Code allows for a debtor to assume or reject commercial leases in a chapter 11 bankruptcy. The debtor can also freely assign leases, provided the cure and adequate assurances of future performance are provided. The decision to reject a lease may result in substantial, albeit capped, rejection damages claims for any landlord whose lease is rejected.

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Amber Heard can’t file for bankruptcy to wipe $15 million she now owes Johnny Depp – Marca English

Posted: at 2:28 am

Amber Heard will have to figure out a way to generate a couple of millions because according to the verdict, she can't use bankruptcy to escape paying her ex-husband Johnny Depp.

Heard was found guilty of defaming the actor in a 2019 op-ed in the Washington Post by a seven-person jury on Wednesday.

El jurado falla a favor de Johnny Depp en su demanda contra la actriz Amber Heard

The jury concluded that Heard published the statements with malice, implying that she did not tell the truth.

For a total of $15 million, the actress was ordered to pay Depp $10 million in compensatory damages and $5 million in punitive damages.

The judge stated that Virginia only allows for $350,000 in punitive damages, which means the $5 million will be reduced. Heard was awarded $2 million in her countersuit against Depp for press statements made by his lawyer.

Given that she admitted her acting roles dried up after Depp sued her, the $10-$15 million judgment will be difficult for Heard to pay. She also won't be able to discharge the debt through bankruptcy.

In a interview for RadarOnline.com, "The award is not dischargeable," says Los Angeles attorney Ronald Richards. Punitive damages are never deductible or dischargeable. Intentional torts like defamation are typically not dischargeable."

Heard's team will almost certainly file an appeal, attempting to reduce the amount awarded or overturn the entire verdict. The actress has remained tight-lipped about her legal options.

Depp issued a statement after the verdict was read, thanking the jury for giving him his "life back."

He expressed his gratitude by saying, "I am truly humbled. My decision to pursue this case, knowing very well the height of the legal hurdles that I would be facing and the inevitable, worldwide spectacle into my life, was only made after considerable thought."

Heard expressed her dissatisfaction with the outcome. "I'm heartbroken that the mountain of evidence still was not enough to stand up to the disproportionate power, influence, and sway of my ex-husband," she said.

"I'm sad I lost this case. But I am sadder still that I seem to have lost a right I thought I had as an American - to speak freely and openly," she ended.

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Why Now Is the Perfect Time to Declare ‘Meeting Bankruptcy’ and Rethink Your Schedule – Inc.

Posted: at 2:28 am

The worst of the pandemic may (hopefully) be behind us, but the effects of two years of crazy disruption are still very much with us. Companies and teams continue to tussle over remote vs. in-person work, individuals are rethinking their priorities and looking for better options en masse, and burnout is at historical highs.

Also, as of Memorial Day, summer is (unofficially) upon us and with itthe urge to spend less time at workand more time outside in front of a barbecueor at the beach.

All of which adds up to a single conclusion. Many entrepreneurs out there are in the middle ofrenegotiating their relationship to their work and having a deep think about how many hours they put in, where, and with what goals in mind. I've covered a bunch of suggestions and exercises to help you use the winding down of the pandemic as a springboard to reconsider your life, but I just ran across another good idea in the MIT Sloan Management Review: Now might just be the perfect time to declare "meeting bankruptcy."

Like email or social media bankruptcy, but for meetings

You may already have heard of "email bankruptcy."The idea is, when you are hopelessly overwhelmed by your out-of-control inbox, you simply delete everything and wait to see what issues come up and who writes you again. It's a simple if brutal way to clear some space for a fresh start and find out which of your 6,587 unread messages really matters.

Computer science professor and author Cal Newport has also applied the bankruptcy concept to social media, calling it a 'digital detox.'On his blog hesuggested quitting all your platforms for a month to see not just how you feel (science suggests the answer is likely to be better) but what social media uses and activities you actually miss.

Writing in the MIT Sloan Management Review, a trio of executives from the Slack sponsored Future Forum, suggest an analogous idea excerpted from their new book, How the Future Works. Just as you might declare email or social media bankruptcy, why not try declaring meeting bankruptcy and see what happens?

"At Slack, our executives led by example on this by declaring 'calendar bankruptcy.'They removed all recurring meetings and one-on-ones from their calendars so that they could consider each one and add back only what was truly necessary,"Brian Elliott, Sheela Subramanian, and Helen Kupp write.

The idea isn't to permanently eliminate meetings, though research suggests you would get a lot more done if you did ban meetings at least a couple of days a week. Instead, the goal of declaring meeting bankruptcy is to take meetings off autopilot and force you to actively justify each one you add to your calendar.

However, the authors suggest that done properly an email bankruptcy will probably result in more open time for focused work.

"We found that so many meetings could be eliminated or broken up into parts. For example, your monthly sales meeting might start with a status update. Why not send that out beforehand? Presentations can be shared as decks or asynchronous videos so people can review them in their own time. Tactics like these can lessen your meeting time considerably, and then time together can be more meaningfully spent on meaty discussions or team building,"they report.

Whynow?

This is an idea that could work just about any time, but it seems particularly well suited to our current moment. The pandemic has already thrust most of us into deep consideration of whether our careers are healthy, sustainable, and in line with our values. Declaring meeting bankruptcy feels like a natural extension of thatprocess of reconsideration.

Plus, it's summer time, traditionally a slower period for many industries. That may make declaring meeting bankruptcy now a little easier to manage logistically. And as a not so small bonus, you might just win yourself a few more hours to enjoy the sun with family and friends. So why not try cutting every meeting from your calendar and seeing which ones you actually miss?

The opinions expressed here by Inc.com columnists are their own, not those of Inc.com.

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It’s the Law: What can I keep in bankruptcy? – Post Register

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Mariners CF Julio Rodrguez named AL Rookie of the Month for May – Seattle Sports

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Everything clicked in the month of May for Mariners center fielder Julio Rodrguez and for his excellent play, he was named American League Rookie of the Month.

Rodrguez is the fifth Mariners player to be named AL Rookie of the Month, joining Ichiro (2001), Rafael Soriano (2003), Michael Pineda (2011) and Mike Carp (2011). It is the eighth time a Mariners rookie took home the honors, as Ichiro was AL Rookie of the Month four times in 2001, when he was named Rookie of the Year as well as AL MVP.

Rodrguez started all 28 games in May for the Mariners and put together a .309/.339/.527 slash line while slugging six home runs, driving in 17 runs and stealing five bases while continuing to play well defensively in center field. That great month came after Rodrguez struggled a bit in April, slashing .206/.284/.260 with no home runs and just four extra-base hits. Rodrguez is now slashing .272/.322/.424 this season in 50 games played.

In May, Rodrguez paced all American League rookies in hits (34) and wRC+ (156) and was tied for the lead in home runs and stolen bases. His .309 batting average was fourth among AL rookies last month while his 17 RBIs were second-most.

Rodrguez also had nine multi-hit games as well as six three-hit games in May. He also joined Alex Rodriguez and Ken Griffey Jr. as the only Mariners players 21 years old or younger to reach base five times in a single game when he went 4-for-4 with a walk and home run in New York on May 15.

Rodrguez kicked off the month in a big way, going 3-for-4 against the Miami Marlins on May 1 while hitting his first MLB home run off Sandy Alcantara, one of baseballs top pitchers this season. The ball traveled an estimated 450 feet.

Currently, Rodrguez ranks fourth on the Mariners in wins above replacement with 1.3, trailing only Ty France (2.7), J.P. Crawford (2.3) and Logan Gilbert (1.8). France and Crawford are each among the most valuable players in baseball in terms of WAR this season while Gilbert has been one of the games top pitchers this season. He was named American League Pitcher of the Month in April.

The Mariners open up a three-game set against division rival Texas Friday evening. You can listen to all the action on Seattle Sports Station 710 AM as well as the Seattle Sports app. First pitch is scheduled for 5:05 and pregame coverage begins at 4:00. Heres more information on how to listen.

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Laso: The team were magnificent in defense" – Real Madrid CF

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NEWS STORY. 04/06/2022

Pablo Laso and Walter Tavares assessed the second game of the league playoff semi-finals with Bitci Baskonia. The coach was pleased with thevictory: The team were magnificent in defense. Everyone made a tremendous effort in a game that demanded just that. Tavares was decisive in the first half at both ends of the court.We're 2-0 up, that's all, we know how difficult it is to play Baskonia in Vitoria.

Hanga played very well, it's pretty tough to find many mistakes in his game. He was able to find solutions around the basket.I always feel good about him because he can do so much on the courtand today his numbers reflect that. Llull has a small tear in his abductor muscle. If it was bigger he wouldn't be able to play but it's not too bad. I can't say he's definitely out.Stopping him isn't easy, we'll have to be careful, sometimes our eagerness gets the better of us".

"Deck was carrying a knock, if it wasn't a playoff semi-final he wouldn't have played. Poirier has an issue with his foot. Right now, it's about getting the team back. Abalde is in a similar situation, I can't rule him out, he's had an issue with his foot since the semi-final inBelgrade and it's not improving, but if he does get a bit better I won't rule him out".

Tavares: Now we're heading to a tough court to play atIt's a big win because we have made the most of home-court advantage that we worked for over the course of the season. Now we're heading to a tough court to play at, it's very difficult to win there but we're going with the intention of closing out the semi-finals. We've been playing at a high level in defense all season and that's helping us to win games. We have to keep it up".

I try and improve every day to be as complete as possible. I've always struggled more in offense but that's a challenge for me.I try and to work an advantage and give the ball to an open teammate and look for the space.We're a team capable of scoring points in all sorts of ways and I have to do my bit wherever I can".

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CF woman charged with theft of trade secrets from former employer – Leader-Telegram

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CF woman charged with theft of trade secrets from former employer - Leader-Telegram

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