Business News

Coca-Cola entering the fresh fruit category?

REEDLEY, CALIF. — The Coca-Cola Co. has entered into a licensing agreement with Frutura, a supplier of fresh produce, to put two of its brands on fresh citrus. The agreement involves Coca-Cola’s Simply and Minute Maid brands.

The Minute Maid brand will appear on fresh grapes in the United States and fresh citrus and grapes in Japan. The Simply brand, under Simply Select, will appear on fresh citrus in the United States. The products will be distributed by Dayka & Hackett, a subsidiary of Frutura.

“Our company is committed to serving the consumer with superior products at every part of their day,” said Kayla Carlucci, associate licensing manager with The Coca-Cola Co., Atlanta. “When we consider licensing one of our brands, the quality of the product that will bear our name is paramount as is the quality control the licensee exercises at every step along the supply chain. We’re delighted to be in business with Frutura and consider this to be the start of a great relationship.”

Products featuring the Minute Maid and Simply Select branding will begin reaching retailers during the second quarter of the year, according to Frutura.

“Partnering with the iconic Coca-Cola Co., and their globally recognized and respected brands, is a transformative moment for our company and for Frutura,” said Tim Dayka, chief executive officer of Dayka & Hackett. “This will allow us to increase our market penetration in a meaningful way, as these brands resonate so strongly with the discriminating consumer.”

How Do I Get Out of My Non-Compete?

How Do I Get Out of My Non-Compete?

In healthcare, there has been a large expansion in non-compete clauses. Many of our clients would like to find a way out of their non-compete clause when looking to leave their current employment.

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The first way to avoid breaching a non-compete clause is to have your attorney negotiate a contract without a non-compete clause before beginning your employment.

Sometimes, non-compete clauses are unavoidable. So what can you do in that situation?

  1. Make sure you understand the language of your non-compete. Are there any exceptions? Were any hospitals carved out or possibly an exception was made for entering into private practice? If you are looking to waive a non-compete, first have a healthcare attorney carefully review the provision for possible exceptions. You can also attempt to provide services that are not included in the language of the non-compete.
  2. Propose an amendment waiving the clause. We often work with clients who entered into non-compete agreements to help them see if they can enter into an amendment waiving their non-compete. Sometimes this is as simple as having a discussion with your employer and preparing a short amendment to your contract. However, sometimes complicated negotiations take place to come to an agreed compromise.
  3. Litigate the clause. This would be an extreme course of action, however, we have litigated non-compete clauses for our clients. While we don’t typically recommend litigation, there are exceptions to every rule. Litigation is costly and there is no way to know if the non-compete clause will be deemed reasonable or not. If it is reasonable, you will have spent time and money on a court case and still have to abide by the non-compete clause. However, if your clause is truly unreasonable and prevents you from earning a livelihood, it is worth discussing litigation with your attorney. Sometimes you will be forced to litigate if your employer sues you for breaching the non-compete, if they believe you are in breach.
  4. Work outside of the clause. While this may not be what you want to hear, sometimes it is essential to work outside the geographical limitations during the restricted time period. Once that time is up, you can start working in the area that was previously restricted.

Some of our clients ask us if they can simply risk it and ignore the non-compete provision. This is a very risky strategy, as the employer might sue them to breach and start a costly court battle. There might also be other clauses that this would trigger in the contract, such as indemnification.

Whatever the case, all non-competes are different and we always recommend meeting with an experienced attorney prior to agreeing to a non-compete or trying to work around a non-compete.

If you need help with your healthcare contract, we can help. Contact Rickard & Associates today.

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The post How Do I Get Out of My Non-Compete? appeared first on Rickard & Associates.

China shuts 100,000 fake news social media accounts, ramps up content cleanup | US & World

By Bernard Orr and Eduardo Baptista

(Reuters) – China has intensified efforts to clean up the internet from false news and rumours, closing more than 100,000 online accounts over the past month that misrepresented news anchors and media agencies, its cyberspace regulator said.

The Cyberspace Administration of China (CAC) launched a special campaign to clean up online information, focusing on social media accounts that disseminate “fake news” and impersonate state-controlled media.

The regulator said it had wiped 107,000 accounts of counterfeit news units and news anchors and 835,000 pieces of fake news information since April 6.

The cleanup comes as China and countries across the globe grapple with an onslaught of fake news coverage online, with many implementing laws to punish culprits.

News dissemination on Chinese social media, however, is already heavily controlled, with platforms like the Twitter-like Weibo favoring topic hashtags produced by state media, while censoring hashtags on issues or incidents considered sensitive by Beijing, even if they go viral.

The CAC said its review found accounts that had disguised themselves as authoritative news media by falsifying news studio scenes and imitating professional news presenters, using artificial intelligence (AI) to create anchors to mislead the public.

Fake news identified as covering hot topics such as social incidents and international current affairs, according to a statement the CAC posted on Monday on its website.

“(The CAC) will guide online platforms … to safeguard the legitimate rights and interests of the majority of internet users to obtain authoritative and real news,” the regulator said, adding it encouraged users to provide leads on counterfeit news and anchors.

China’s government has regularly ordered sweeping measures to scrub the internet of material and language that deems inappropriate, offensive and a threat to the public and businesses.

Recently, the CAC vowed to crack down on malicious online comments that damage the reputation of businesses and entrepreneurs.

Nascent generative AI technology like ChatGPT has introduced another layer of caution. China recently arrested a man in Gansu province for allegedly using ChatGPT to generate a fake story about a train crash.

(Reporting by Bernard Orr; additional reporting by Ethan Wang; Editing by Jamie Freed)

What is a Medical Power of Attorney?

One document that we recommend for almost all of our estate planning clients is a Medical Durable Power of Attorney. This document allows you to select the person who will make medical decisions on your behalf, if you are incapacitated or unable to make them yourself.

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A Medical Durable Power of Attorney is an essential document, as no one can predict their incapacity.

This legal document allows you to list medical directions that you would like to follow.

It is important to choose a patient advocate that you know will follow your wishes and help ensure that you are taken care of in the manner that you would want.

You should discuss the relevant provisions with your patient advocate, and make sure that they are willing to act in the event of your incapacity.

It is also a good idea to have a backup person, in case your first patient advocate is unable to act.

When should you have a Medical Power of Attorney?

When you turn 18 or whatever age you are now.

As you are no longer a minor, you need to select who you want to be involved in healthcare decisions. This may be parents or relatives, but it should be in writing.

Powers of Attorney should be updated over time, as relationships and situations change.

If you have questions about Medical Powers of Attorney or need one updated or put in place, we can help.

Contact us today to help you get the right documents in place or to update your current estate plan. We will plan so that you don’t have to worry about your future.

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Elon Musk’s Twitter drops government-funded media labels – Business News

Twitter has removed labels describing global media organizations as government-funded or state-affiliated, a move that comes after the Elon Musk-owned platform started stripping blue verification checkmarks from accounts that don’t pay a monthly fee.

Among those no longer labeled was National Public Radio in the US, which announced last week that it would stop using Twitter after its main account was designated state-affiliated media, a term also used to identify media outlets controlled or heavily influenced by authoritarian governments, such as Russia and China.

Twitter later changed the label to “government-funded media,” but NPR — which relies on the government for a tiny fraction of its funding — said it was still misleading.

Canadian Broadcasting Corp. and Swedish public radio made similar decisions to quit tweeting. CBC’s government-funded label vanished Friday, along with the state-affiliated tags on media accounts including Sputnik and RT in Russia and Xinhua in China.

Many of Twitter’s high-profile users on Thursday lost the blue checks that helped verify their identity and distinguish them from impostors.

Twitter has about 300,000 verified users under the original blue-check system — many of them journalists, athletes and public figures. The checks used to mean the account was verified by Twitter to be who it says it is.

High-profile users who lost their blue checks Thursday included Beyoncé, Pope Francis, Oprah Winfrey and former President Donald Trump.

The costs of keeping the marks range from $8 a month for individual web users to a starting price of $1,000 monthly to verify an organization, plus $50 monthly for each affiliate or employee account. Twitter does not verify the individual accounts, as was the case with the previous blue check done out during the platform’s pre-Musk administration.

Celebrity users, from basketball star LeBron James to author Stephen King and Star Trek’s William Shatner, have balked at joining — although on Thursday, all three had blue checks indicating that the account paid for verification.

King, for one, said he hadn’t paid.

“My Twitter account says I’ve subscribed to Twitter Blue. I haven’t. My Twitter account says I’ve given a phone number. I haven’t,” King tweeted Thursday. “Just so you know.”

In a reply to King’s tweet, Musk said “You’re welcome namaste” and in another tweet he said he’s “paying for a few personally.” He later tweeted he was just paying for King, Shatner and James.

Singer Dionne Warwick tweeted earlier in the week that the site’s verification system “is an absolute mess.”

“The way Twitter is going anyone could be me now,” Warwick said. She had earlier vowed not to pay for Twitter Blue, saying the monthly fee “could (and will) be going toward my extra hot lattes.”

On Thursday, Warwick lost her blue check (which is actually a white check mark on a blue background).

For users who still had a blue check Thursday, a popup message indicated that the account “is verified because they are subscribed to Twitter Blue and verified their phone number.” Verifying a phone number simply means that the person has a phone number and they verified that they have access to it — it does not confirm the person’s identity.

It wasn’t just celebrities and journalists who lost their blue checks Thursday. Many government agencies, nonprofits and public-service accounts around the world found themselves no longer verified, raising concerns that Twitter could lose its status as a platform for getting accurate, up-to-date information from authentic sources, including in emergencies.

While Twitter offers gold checks for “verified organizations” and gray checks for government organizations and their affiliates, it’s not clear how the platform costs these out.

The official Twitter account of the New York City government, which earlier had a blue check, tweeted on Thursday that “This is an authentic Twitter account representing the New York City Government. This is the only account for @NYCGov run by New York City government” in an attempt to clear up confusion.

A newly created spoof account with 36 followers (also without a blue check), disagreed: “No, you’re not. THIS account is the only authentic Twitter account representing and running by the New York City Government.”

Soon, another spoof account — purporting to be Pope Francis — weighed in too: “By the authority vested in me, Pope Francis, I declare @NYC_GOVERNMENT the official New York City Government. Peace be with you.”

Fewer than 5% of legacy verified accounts appear to have paid to join Twitter Blue as of Thursday, according to an analysis by Travis Brown, a Berlin-based developer of software for tracking social media.

Musk’s move has riled up some high-profile users and pleased some right-wing figures and Musk fans who thought the marks were unfair. But it is not an obvious money-maker for the social media platform that has long relied on advertising for most of its revenue.

Digital intelligence platform Similarweb analyzed how many people signed up for Twitter Blue on their desktop computers and only detected 116,000 confirmed sign-ups last month, which at $8 or $11 per month does not represent a major revenue stream. The analysis did not count accounts bought via mobile apps.

After buying San Francisco-based Twitter for $44 billion in October, Musk has been trying to boost the struggling platform’s revenue by pushing more people to pay for a premium subscription. But his move also reflects his assertion that the blue verification marks have become an unserved or “corrupt” status symbol for elite personalities, news reporters and others granted verification for free by Twitter’s previous leadership.

Twitter began tagging profiles with a blue check mark starting about 14 years ago. Along with shielding celebrities from impersonators, one of the main reasons was to provide an extra tool to curb misinformation coming from accounts of impersonating people. Most “legacy blue checks,” including the accounts of politicians, activists and people who suddenly find themselves in the news, as well as little-known journalists at small publications around the globe, are not household names.

One of Musk’s first product moves after taking over Twitter was to launch a service granting blue checks to anyone willing to pay $8 a month. But it was quickly inundated by impostor accounts, including those impersonating Nintendo, pharmaceutical company Eli Lilly and Musk’s businesses Tesla and SpaceX, so Twitter had to temporarily suspend the service days after its launch.

The relaunched service costs $8 a month for web users and $11 a month for users of its iPhone or Android apps. Subscribers are supposed to see fewer ads, be able to post longer videos and have their tweets featured more prominently.

Can Your Practice Afford a Data Breach?

Probably not.

A recent study found that the total average cost of a healthcare breach is $10.10 million.

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Can your healthcare practice afford a breach? Most healthcare entities cannot.

Since 2020, healthcare breach costs have risen by 42%.

As we know healthcare breaches are incessant, it is important to understand trends.

The trends that have emerged over the past few years are:

  1. Repeat attacks. Many healthcare entities have seen repeat attacks. Organizations with automated security systems were able to shorten the breach lifecycle and mitigate the damage caused by the breach.
  2. Consistent causes. The most common cause of data breaches were stolen credentials. Ransomware also continues to plague healthcare entities, with ransomware increasing by 41% in the last year.
  3. Consistent place. The most common place for data breaches to occur is in the cloud.

While data breaches can be threatening, there are also good trends that have emerged over the past few years. These include:

  1. Automated security shortens breach lifecycles. When possible, make sure that your updates are automated and all security patches are up to date. Having sufficient security measures in place is your first line of defense for a cyber attack or breach.
  2. Shorter breach lifecycles mean lower costs. The quicker your practice is being able to audit the damage and get up and running after a breach, the less money the breach will cost.
  3. Having appropriate policies and procedures with well-trained employees leads to shorter lifecycles. When your staff knows how to handle a breach, they can act quickly and mitigate the damage caused by the breach. This is essential when trying to get your practice back online and keep your patients’ protected health information unaffected.

So how can you protect your practice?

  1. Work with your healthcare attorney to ensure that your HIPAA risk assessment is up to date and your security measures are sufficient.
  2. Test your breach readiness plan often.
  3. Make sure your policies and procedures clearly detail how to proceed in the event of a breach.
  4. Train your employees. We help our clients train their employees to know what to look for and what steps to take to respond to a breach right away.

If you have questions or need help with your healthcare breach readiness and response or HIPAA risk assessment, contact Rickard & Associates today.

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Do you need help updating your Business Associate Agreement or negotiating contracts with third-party vendors? We can help. To contact us about your Business Associate Agreement, your vendor contracts or your other legal needs, call us today.

Bayerische Motoren Werke Aktiengesellschaft (ETR:BMW) Looks Like A Good Stock, And It’s Going Ex-Dividend Soon

Regular readers will know that we love our dividends at Simply Wall St, which is why it’s exciting to see Bayerische Motoren Werke Aktiengesellschaft (ETR:BMW) is about to trade ex-dividend in the next 4 days. The ex-dividend date is usually set to be one business day before the record date which is the cut-off date on which you must be present on the company’s books as a shareholder in order to receive the dividend. It is important to be aware of the ex-dividend date because any trade on the stock needs to have been settled on or before the record date. Accordingly, Bayerische Motoren Werke investors that purchase the stock on or after the 12th of May will not receive the dividend, which will be paid on the 16th of May.

The company’s next dividend payment will be €8.50 per share, on the back of last year when the company paid a total of €8.50 to shareholders. Based on the last year’s worth of payments, Bayerische Motoren Werke stock has a trailing yield of around 7.9% on the current share price of €107.54. We love seeing companies pay a dividend, but it’s also important to be sure that laying the golden eggs isn’t going to kill our golden goose! As a result, readers should always check whether Bayerische Motoren Werke has been able to grow its dividends, or if the dividend might be cut.

Check out our latest analysis for Bayerische Motoren Werke

If a company pays out more in dividends than it earns, then the dividend might become unsustainable – hardly an ideal situation. Bayerische Motoren Werke paid a comfortable 49% of its profit last year. Yet cash flow is typically more important than profit for assessing dividend sustainability, so we should always check if the company generated enough cash to afford its dividend. The good news is that it paid out just 22% of its free cash flow in the last year.

It’s encouraging to see that the dividend is covered by both profit and cash flow. This generally suggests the dividend is sustainable, as long as earnings don’t drop precipitously.

Click here to see the company’s payout ratio, plus analyst estimates of its future dividends.

historic-dividend

historic-dividend

Have Earnings And Dividends Been Growing?

Businesses with strong growth prospects usually make the best dividend payers, because it’s easier to grow dividends when earnings per share are improving. If a business enters a downturn and the dividend is cut, the company can see its value fall precipitously. With that in mind, we’re encouraged by the steady growth at Bayerische Motoren Werke, with earnings per share up 6.0% on average over the last five years. Management has been reinvested more than half of the company’s earnings within the business, and the company has been able to grow earnings with this retained capital. Organizations that reinvest heavily in themselves typically get stronger over time, which can bring attractive benefits such as stronger earnings and dividends.

Another key way to measure a company’s dividend prospects is by measuring its historical rate of dividend growth. Bayerische Motoren Werke has delivered 14% dividend growth per year on average over the past 10 years. It’s encouraging to see the company lifting dividends while earnings are growing, suggesting at least some corporate interest in rewarding shareholders.

The Bottom Line

Has Bayerische Motoren Werke got what it takes to maintain its dividend payments? Earnings per share have been growing moderately, and Bayerische Motoren Werke is paying out less than half its earnings and cash flow as dividends, which is an attractive combination as it suggests the company is investing in growth. We would prefer to see earnings growing faster, but the best dividend stocks over the long term typically combine significant earnings per share growth with a low payout ratio, and Bayerische Motoren Werke is halfway there. It’s a promising combination that should mark this company worthy of closer attention.

With that in mind, a critical part of thorough stock research is being aware of any risks that stock currently faces. For example, we’ve found 4 warning signs for Bayerische Motoren Werke (1 is a bit unpleasant!) that deserves your attention before investing in the shares.

Generally, we wouldn’t recommend just buying the first dividend stock you see. Here’s a curated list of interesting stocks that are strong dividend payers.

Have feedback on this article? Concerned about the content? get in touch with us directly. Alternatively, email editorial-team (at) simplywallst.com.

This article by Simply Wall St is general in nature. We provide commentary based on historical data and analyst forecasts only using an unbiased methodology and our articles are not intended to be financial advice. It does not constitute a recommendation to buy or sell any stock, and does not take account of your objectives or your financial situation. We aim to bring you long-term focused analysis driven by fundamental data. Note that our analysis may not factor in the latest price-sensitive company announcements or qualitative material. Simply Wall St has no position in any stocks mentioned.

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Remarriage and Estate Planning – Rickard & Associates

If you are getting remarried, it is essential to understand your spouse’s inheritance rights.

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Before you get married for a second or third time, you want to be aware of the rights your spouse will have to your estate and vice versa.

You may want to work with an attorney to draft a prenuptial agreement, prior to exchanging vows.

Then, you want to be familiar with the intestacy laws in your state. If you die without a written estate plan, the intestacy laws will control where your assets go.

We help our clients understand where their money will go, if they don’t have a written plan. We also help them look at various options and understand how their assets will be transferred depending on the option they choose.

In subsequent marriages, we often find that our clients have different concerns than in their first.

Sometimes, they are worried about providing for their children from a previous marriage, should something happen to them. Other times, they want their new spouse to have less rights to their assets.

We also have clients who want to make sure that their new spouse and their ex-spouse do not make financial or medical decisions on their behalf. They may prefer a close friend, sibling, or child who is the agent in their powers of attorney. We draft their medical and their financial powers of attorney to protect their wishes.

Whatever your goal is with estate planning, it is essential that you communicate this to your estate planning attorney.

Estate planning allows you to protect your loved ones and your assets. In second or third marriages, estate planning can protect your children and your wishes in the event of incapacity or death.

If you need help with your prenuptial agreement or estate plan, we can help.

Contact us today to help you get the right documents in place or to update your current estate plan. We will plan so that you don’t have to worry about your future.

We publish vital information every Wednesday and Friday. To get this important information delivered directly to your mailbox,

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