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BYD Adds Marcela Cabrera Luna to Lead Development of New Business in Latin America

(BRK.A), (BRK.B)

BYD (Build Your Dreams) has named Marcela Cabrera Luna Business Development Analyst, Latin America. She will serve at BYD’s North American headquarters in downtown Los Angeles guiding strategy and development of new business in Mexico and Latin America working closely with each team in the region.

A transportation, utility, and clean technology expert with over 10 years’ experience creating business strategies, managing programs, and developing climate and sustainability policies, Cabrera was most recently a senior project manager at CALSTART in Innovation Mobility.

At CALSTART, Cabrera managed $20 million in start-up seed funding allocated by CARB for Clean Mobility Options. These awards are funded by the California Climate Investments (CCI), a statewide program that puts billions of cap-and-trade dollars to work reducing greenhouse gas emissions, strengthening the economy, and improving health and the environment while providing access.

Prior to that, Cabrera was at Tesla. She has also been responsible for corporate social responsibility projects with Amazon Watch, which works to protect the rainforest and indigenous peoples of South America.

She was a member of the Board of Directors for Women in Cleantech and Sustainability in the Silicon Valley, and now continues her engagement with the technology community in SoCal.

“It’s wonderful to have a woman with Marcela’s background and expertise in electric mobility, solar, and renewable energy join our growing team,” BYD President North America Stella Li said. “Professionals like Marcela make our strong team that much stronger.”

Reporting to Li, Cabrera will expand BYD’s strategic outreach in Latin America. Cabrera holds a Master’s in International Studies from the University of San Francisco and a B.S. in Anthropology and Markets from the University of California, Berkeley.

BYD and Berkshire Hathaway

In 2008, Berkshire Hathaway bet on BYD’s potential, purchasing 225 million shares. It’s an investment that has paid off handsomely, as Berkshire’s original investment of $230 million has grown in value almost ten-fold.

For More on BYD, read the Special Report: BYD, Berkshire’s Tesla.

© 2020 David Mazor

Disclosure: David Mazor is a freelance writer focusing on Berkshire Hathaway. The author is long in Berkshire Hathaway, and this article is not a recommendation on whether to buy or sell the stock. The information contained in this article should not be construed as personalized or individualized investment advice. Past performance is no guarantee of future results.

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BNSF

Ninth Circuit Court Sides With Tribe in Dispute With BNSF

(BRK.A), (BRK.B)

A federal judge’s ruling Wednesday in favor of the Swinomish Indian Tribal Community gave the tribe another victory against BNSF Railway in their ongoing dispute over oil trains crossing tribal land.

The United States Court of Appeals for the Ninth Circuit agreed with a lower court that a federal law didn’t prevent the Swinomish Indian Tribal Community from trying to enforce its rights under its Right-of-Way easement agreement. The decision is a major win for the tribe as it enables it to pursue injunctive relief to enforce its easement agreement.

The Swinomish Indian Tribal Community initially filed their lawsuit in March 2015, suing the railroad for violating the terms of a Right-of-Way easement granted to allow the railroad to cross the reservation.

The Easement Agreement enables BNSF to bring Bakken crude oil to the Tesoro refinery by crossing a portion of the Swinomish Indian Reservation located on Fidalgo Island in Skagit County, Washington.

Under the terms of the 1991 Easement Agreement, BNSF can run one 25-car train per day in each direction. The tribe sued contending that BNSF was running as many as six 100-car “unit trains” per week.

The History of the Dispute

Train travel across the tribe’s land has a long contentious history, with the original track having been laid in the late 1800s without consent from the Swinomish or the U.S government. The tracks cross the northern edge of the reservation, and the Swinomish, as the present day political successor-in-interest to certain of the tribes and bands that signed the 1855 Treaty of Point Elliott, first sued the railroad in 1976, alleging a century of trespassing on tribal land. The resulting settlement led to the 1991 Easement Agreement that allowed only the 25-car train limit without the Tribe’s permission.

The Tribe contend in its lawsuit that “BNSF never notified the Tribe that it intended to exceed the limitation of one train of 25 cars or less, nor did it request permission from the Tribe before it began to do so.”

A Deal is a Deal

“A deal is a deal,” said Swinomish Chairman Brian Cladoosby. “Our signatures were on the agreement with BNSF, so were theirs, and so was the United States. But despite all that, BNSF began running its Bakken oil trains across the Reservation without asking, and without even telling us. This was exactly what they did for decades starting in the 1800s.”

“We told BNSF to stop, again and again,” said Cladoosby. “We also told BNSF: convince us why we should allow these oil trains to cross the Reservation. And we listened for two years, even while the trains kept rolling. But experiences across the country have now shown us all the dangers of Bakken Crude. It’s unacceptable for BNSF to put our people and our way of life at risk without regard to the agreement we established in good faith.”

Under the terms of the Easement Agreement, the Tribe agreed not to “arbitrarily withhold permission” for BNSF’s request to increase the number of trains or cars.

Is it Arbitrary?

The Tribe contends that its refusal to grant permission is not arbitrary and is “Based on the demonstrated hazards of shipping Bakken Crude by rail, paired with the proximity of the Right-of-Way to the Tribe’s critical economic and environmental resources and facilities — and the substantial numbers of people who use those resources and facilities on a daily basis — the Tribe is justifiably and gravely concerned with BNSF’s shipment of Bakken Crude across the Right-of-Way in a manner and in quantities at odds with the explicit terms of the Easement Agreement.”

The Swinomish are concerned that trains carrying Bakken crude oil run over bridges spanning the Tribe’s fishing grounds in the Swinomish Channel and Padilla Bay. They also noted that the track runs across the “heart of the Tribe’s economic development enterprises,” which includes the Tribe’s Swinomish Casino and Lodge, a Chevron station and convenience store, and an RV Park, as well as a Tribal waste treatment plant.

The Tribe noted that these enterprises are the “primary financial source for funding of the Tribe’s essential governmental functions and programs.”
The 1991 Easement Agreement granted the Right-of-Way for an initial 40-year term, along with two 20-year option periods. The current agreement will expire no later than 2071.

The tribe is seeking a “permanent injunction prohibiting BNSF from (1) running more than one train of twenty-five cars or less in each direction over the Right-of-Way per day and (2) shipping Bakken Crude across the Reservation.”

The Swinomish are also seeking monetary damages for the prior trespasses and breach of contract in an amount to be determined at trial.

© 2020 David Mazor

Disclosure: David Mazor is a freelance writer focusing on Berkshire Hathaway. The author is long in Berkshire Hathaway, and this article is not a recommendation on whether to buy or sell the stock. The information contained in this article should not be construed as personalized or individualized investment advice. Past performance is no guarantee of future results.

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Insurance

Berkshire Hathaway Denies Ownership Stake in IRB Brasil Re

(BRK.A), (BRK.B)

Berkshire Hathaway has taken the unusual step of refuting rumors of an ownership stake in a company.

In a release, the company said:

There have been recent stories in the Brazilian press that Berkshire Hathaway Inc. is a shareholder of IRB Brasil Re (“IRB”). Those stories are incorrect. Berkshire Hathaway Inc. is not currently a shareholder of IRB, it has never been a shareholder of IRB and it has no intention of becoming a shareholder of IRB.

© 2020 David Mazor

Disclosure: David Mazor is a freelance writer focusing on Berkshire Hathaway. The author is long in Berkshire Hathaway, and this article is not a recommendation on whether to buy or sell the stock. The information contained in this article should not be construed as personalized or individualized investment advice. Past performance is no guarantee of future results.

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Berkshire Hathaway HomeServices

Top 100 Real Estate Producer Sharp Group Atlanta Joins Berkshire Hathaway HomeServices Georgia Properties

(BRK.A), (BRK.B)

Berkshire Hathaway HomeServices Georgia Properties has announced that Sharp Group Atlanta has joined our Alpharetta/ North Fulton Office. Led by Phoenix Award recipient Ann-Marie Sharp, the team brings over 50 years of combined real estate experience.

“I am honored to welcome Sharp Group Atlanta to the Berkshire Hathaway HomeServices network,” said Dan Forsman, President and CEO Berkshire Hathaway HomeServices Georgia Properties. “The exceptional value and service delivered by Ann-Marie and her team plus the iconic Berkshire Hathaway HomeServices brand and our advanced marketing & technology will create a very powerful combination to take their business to a higher level.”

Ann-Marie began her career as an on-site new construction agent and then moved into the resale market. During the real estate recession, she shifted gears and developed her expertise in short sales and foreclosures. With 15 years of experience, she and her team have proven experience in all aspects of residential real estate and are ready to help their clients and customers in Greater Metro Atlanta find the right place to love and call home.

Ann-Marie and her team pride themselves on delivering a client-centered approach that goes beyond typical real estate transactions. Her mission is to transform the client engagement into a gratifying and stress-free experience, catering to every client’s unique needs, and establishing personal relationships that last forever.

Sharp Group Atlanta has significant experience living and working on both sides of the perimeter which allows them to better advise clients across the greater metro Atlanta area. In 2019, Ann-Marie was named one of Atlanta’s Top 100 Producers by The Atlantan magazine.

“My team and I are delighted to be joining Berkshire Hathaway HomeServices Georgia Properties at the company’s state-of-the-art office in downtown Alpharetta,” said Ann-Marie Sharp, Team Leader of Sharp Group Atlanta. “We look forward to offering our clients an elevated level of service, award-winning marketing, and new strategic resources. In addition to Residential Real Estate, my team is now able to offer Property Management, Commercial Services, and New Development Services. I have always admired the Berkshire Hathaway HomeServices organization, culture, and professional approach to real estate. On day one, they did not disappoint. The entire Marketing Department welcomed us with a ready-to-go suite of beautiful materials already personalized for our team. We have always provided our clients with the highest level of service. We are excited to have now aligned our team with a brokerage with the same standard of excellence and superior level of marketing and technology. We are ready to go full speed ahead into the busy spring market.”

“We are so pleased to have Sharp Group Atlanta as a member of our Alpharetta/ North Fulton office family,” said Mary Wargula, Senior Vice President and Managing Broker Alpharetta/North Fulton Office. “Ann-Marie Sharp and her team are highly professional sales associates who have an unprecedented work ethic to deliver excellence for their clients and customers.”

© 2020 David Mazor

Disclosure: David Mazor is a freelance writer focusing on Berkshire Hathaway. The author is long in Berkshire Hathaway, and this article is not a recommendation on whether to buy or sell the stock. The information contained in this article should not be construed as personalized or individualized investment advice. Past performance is no guarantee of future results.

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Berkshire Hathaway Specialty Insurance

Berxi Enters Strategic Alliance with Vizient Insurance Services to Offer Medical Malpractice Insurance to Members

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Berxi, a part of Berkshire Hathaway Specialty Insurance, has entered into a strategic alliance with Vizient Insurance Services, LLC, a subsidiary of Vizient, Inc., to offer medical malpractice insurance products to Vizient member allied health professionals through an enhanced digital experience.

The agreement with Vizient, the nation’s largest member-driven health care performance improvement company, became effective Jan 1.

A feature of the agreement is Berxi’s ability to provide Vizient members with fast, efficient digital access to affordable high-quality medical malpractice insurance. Members can choose from a range of limits and take advantage of noteworthy coverage features, such as defense costs that are paid in addition to the insurance limits. Quotes are available online in minutes at berxi.com/vizient.

“We look forward to supporting Vizient member health professionals in their insurance needs through this agreement,” said Adam Yasan, Managing Director of Berxi. “Many health care professionals are looking for more insurance protection and the Berxi digital sign-up experience provides ease of access, speed and choice in coverage to meet these needs.”

Vizient provides solutions and services that improve the delivery of high-value care by aligning cost, quality and market performance for more than 50% of the nation’s acute care providers, which includes 95% of the nation’s academic medical centers, pediatric facilities, community hospitals, integrated health delivery networks and more than 20% of ambulatory providers.

© 2020 David Mazor

Disclosure: David Mazor is a freelance writer focusing on Berkshire Hathaway. The author is long in Berkshire Hathaway, and this article is not a recommendation on whether to buy or sell the stock. The information contained in this article should not be construed as personalized or individualized investment advice. Past performance is no guarantee of future results.

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BNSF

BNSF Railway Releases 2019 Economic Development Results

(BRK.A), (BRK.B)

BNSF Railway Company (BNSF) has reported investments from customers served by the freight rail provider in 2019 totaled approximately $1.2 billion.

Large investments from customers including Ag Processing Inc., SeaCa Packaging and Hostess Brands, LLC contributed to the sum.

As a result of customer investments, BNSF projects the creation of more than 2,000 new jobs in local communities. This marks the ninth consecutive year that BNSF customers and local economic development organizations have invested more than $1 billion in a calendar year for new or expanded facilities.

“BNSF strives to offer unique supply chain solutions that fit our customers’ logistical needs and help maximize their investments,” said Colby Tanner, assistant vice president, economic development. “The flexibility of our rail development program allows our customers to reach new growing markets while saving time and money.”

In 2019, new developments supported a wide variety of commodities including consumer, agricultural and industrial products in more than 100 communities across the BNSF network. Highlights of supply chain solutions BNSF helped its customers achieve in 2019 include:

• Ag Processing Inc. – A $300 million investment led to the opening of its 10th soybean processing location in Aberdeen, S.D. Ag Processing Inc.’s newest facility is expected to process more than 50 million bushels of soybeans annually and create 60 new jobs.

• Hostess Brands, LLC – Located in Edgerton, Kan., the new distribution center supports 200 new jobs. The $35 million investment strengthens the company’s distribution strategy with a direct connection to the nation’s supply chain through Logistics Park Kansas City.

• SeaCa Packaging – A subsidiary of Seattle-Tacoma Box Company, the plastics manufacturer invested $18 million in opening its first plant location in Surprise, Ariz., creating boxes for agriculture products and gaining access to demand in the Southwest region.

© 2020 David Mazor

Disclosure: David Mazor is a freelance writer focusing on Berkshire Hathaway. The author is long in Berkshire Hathaway, and this article is not a recommendation on whether to buy or sell the stock. The information contained in this article should not be construed as personalized or individualized investment advice. Past performance is no guarantee of future results.