text:
Improvement Company v. Munson
Improvement Companyv.Munson
U.S.Jan 1, 1871
81 U.S. 442 (1871)
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DECEMBER TERM, 1871.
1. By the settled land laws of Pennsylvania no title can exist under a second survey, unless such second survey have been ordered by the board of property. 2. The mere fact that a second survey was made is not evidence, even after a long time, as against another confessedly first, that an order for the second was made by the board of property, and that the order has been lost. And although the loss of such an order may be presumed after a lapse of time, yet the presumption can be made only where the order is shown by some kind of competent proof to have once existed. 3. Where a charge is merely ambiguous, a party dissatisfied with it ought, before the jury leave the bar, to ask the court to make it clear. He should not acquiesce in the correctness of the instruction, take his chance with a jury, and after the verdict is against him, claim the benefit of the ambiguity on error.
Mr. N.H. Sharpless, for the plaintiff in error; Messrs. G.W. Woodward, F.B. Gowen, and J.E. Gowen, contra.
IN error to the Circuit Court for the Eastern District of Pennsylvania; in which court, Munson and others brought ejectment against The Schuylkill and Dauphin Improvement Company and two other like companies, all corporations of Pennsylvania, to recover certain valuable lands in the State just named. Judgment having gone for the plaintiffs, the companies brought the case here.
Mr. Justice CLIFFORD stated the case, and delivered the opinion of the court.
Rules of decision in the courts of the United States, as well as the forms and modes of process, are very largely derived from the laws of the States as construed by the decisions of the State courts, in cases where they apply, except where the Constitution, treaties, or statutes of the United States otherwise require or provide.
Controversy having arisen between the parties in respect to the title to the tract of land described in the record, the plaintiffs, on the sixth of February, 1866, brought an action of ejectment against the three corporation defendants and the other defendants therein named, to recover the possession of the tract, alleging that the title to the tract and the right of possession were in them and not in the defendants. Service was duly made and the defendants appeared and pleaded that they were not guilty as alleged in the declaration. Issue was joined upon that plea and the parties went to trial, and the verdict and judgment were for the plaintiffs. Exceptions were duly taken by the defendants, and they sued out a writ of error and removed the cause into this court.
Title to the premises in controversy is deraigned by the plaintiffs from one Benjamin Bonawitz, whose claim to the same is supposed to be established by the following documentary evidences of title, as more fully set forth in the bill of exceptions: (1.) An application to the land office of the State, dated December 14th, 1829, made by him for sixty-six acres of unimproved land in Lower Mahantongo Township, Schuylkill County, bounded as therein described. (2.) Warrant from the State, of the same date, to the applicant for the land described in the application, as fully set forth in the record. (3.) Return of survey made by a deputy surveyor of the county, June 1st, 1829, in pursuance of the warrant, as duly returned to the land office, and accepted the fifth of March of the succeeding year, as follows, to wit: Situate in Lower Mahantongo Township, Schuylkill County, containing sixty-six acres and one hundred and three perches, and allowance of six per cent., returned this third day of March, 1830, in pursuance of a warrant dated the 14th of December, 1829, to Benjamin Bonawitz. Superadded to the return is the following statement, that the lines and corners of the survey were made on the eighteenth of June, 1829, in pursuance of a warrant dated the seventeenth of March of that year, granted to the same person, a return on which was made, but was rejected on account of the survey not answering the description of the warrant. (4.) Sundry mesne conveyances from the warrantee and subsequent grantees of the land described in the warrant, to the plaintiffs.
Appended to the statement that those conveyances were introduced is the admission of the counsel for the defendants that Schuylkill County was erected out of Berks County, and that Porter Township, where the premises are situated, as alleged in the declaration, was created out of Lower Mahantongo Township, which is the name of the township where the location was made under the warrant, survey, and return.
Documentary evidences of title were then introduced by the defendants to maintain the issue on their part, as follows: (1.) An application, dated July 1st, 1793, made by Jacob Yeager to the land office for four hundred acres of land adjoining land granted the same day to William Witman, Jr., in the county of Berks. (2.) Warrant from the State, dated July 1st, 1793, to Jacob Yeager for the same land, as more fully set forth in the bill of exceptions. (3.) Return of survey on the warrant by the deputy surveyor of Berks County, on the tenth of July, 1794, of four hundred and forty acres and sixty-four perches of land and allowance, situate in Pinegrove Township, in the county of Berks, returned and accepted August 26th, 1794, as therein certified. (4) Sundry conveyances were also offered in evidence by the defendants, tending, as they contend, to deduce title to the said corporations, or one of them, to the land located and surveyed under the warrant to Jacob Yeager, which includes the land embraced in the warrant and survey under which the plaintiffs deraign their title.
Rebutting evidence was then introduced by the plaintiffs: (1.) Certified copies of eighteen applications, dated July 1st, 1793, to the land office, for four hundred acres each, the leading one being in the name of James Silliman, and one of the number being the application by Jacob Yeager given in evidence by the defendants, as follows: Jacob Yeager applies for four hundred acres of land adjoining land this day granted to William Witman, Jr., in the county of Berks. (2.) Certified copies of eighteen descriptive warrants, issued upon those applications, including the warrant given to Jacob Yeager, introduced in evidence by the other party. (3.) Also certified copies of eighteen surveys, including the Jacob Yeager tract, made by a deputy surveyor of Berks. County, upon those warrants, corresponding with the descriptions set forth in the warrants, the certificate of the survey in question being fully set forth in the bill of exceptions. (4.) Return and acceptance of those eighteen surveys, made by Henry Vanderslice, July 16th, 1793, as appears in the list annexed to the return. They also introduced a certified copy of a caveat, entered July 18th, 1793, by John Kunckle and Aaron Bowen against granting the tracts either to the said Jacob Yeager or to any one of the other seventeen applicants under the warrants included in that list. (5.) Certificate from the office of the surveyor-general that no proceedings had ever been had upon the said caveat.
By that certificate it appears that diligent and careful search had been made in that department for proceedings on that caveat, and the proper officer certifies that he does not find that any citation was ever applied for, or that any proceedings or action was ever had by the board of property upon or concerning the same, which remains recorded in the office of the surveyor-general. (6.) They also offered in evidence a map, showing the two locations of the Jacob Yeager tract, the first by Henry Vanderslice, and the second by William Wheeler, both deputy surveyors of Berks County. (7.) Both sides admitted that Henry Vanderslice was a deputy surveyor of Berks County, and that the location of the Jacob Yeager tract as made by him was made in the county of Northumberland, within one mile of the line between that county and Berks County, and that the second location of the warrant by William Wheeler was made in Berks County, about twenty-two miles distant from the survey made by the other deputy surveyor.
Responsive to the rebutting evidence given by the plaintiffs the defendants then introduced certified copies of returns of surveys made by William Wheeler, July 10th, 1794, upon the Jacob Yeager warrant, and upon three others of the eighteen warrants returned and accepted, August 26th of that year, together with a connected chart of the four tracts, as prepared from the original surveys on file in the office of the surveyor-general.
Neither party desiring to offer any further evidence the presiding justice proceeded to charge the jury. Speaking of the warrant and survey introduced by the plaintiffs, he told the jury that the court saw no defect in the plaintiffs' title under that warrant and survey, adding that the only claim which the defendants have set up is under warrants located several miles from the land in controversy by surveys returned and accepted, and to that instruction no exception was taken by the defendants. But the court also told the jury that "no subsequent official survey of the land under those warrants, without a warrant of survey or order of the board of property, was authorized." Therefore, said the justice, if the jury take the same view of the evidence as the court, the verdict should be for the plaintiffs, and the jury followed that instruction, and the defendants excepted.
Two errors are assigned, as follows: (1.) That the court erred in charging the jury that no subsequent official survey of the land under those warrants, without a warrant of survey or order of the board of property, was authorized. (2.) That the court erred in telling the jury that if they took the same view of the evidence as the court the verdict should be for the plaintiffs, as the effect of the instruction, as the defendants contend, was to withdraw from the jury the consideration of the question whether or not the board of property might not have issued an order for a second survey of the tract, the evidence of which had been lost.
Much discussion of the first error assigned is unnecessary, as the defendants admit that the law is well settled in that State that a warrant, where it appears that a survey has been ordered upon it and made, returned, and accepted, is functus officio, and that no title under a second survey can be made unless such second survey was ordered by the board of property, which it is admitted is not directly proved in this case. Such an admission by the defendants is a very proper one, as the decisions of the State court which furnish the rule of decision for this court in this case are very numerous and decisive to that effect. Perhaps the leading case upon the subject is that of Deal v. McCormick, in which Gibson, J., said, "The law is well settled that after a survey made and returned into office, a second survey without an order of the board of property is merely void." If the owner of a warrant be prejudiced by the fraud or mistake of the officer, the board of property, which is a board created by statute, will grant him relief, if no new right has attached itself to the land, but a new survey, even pursuant to an order of the board, will not affect an intervening claim.
Page 447 3 Sergeant Rawle, 346.
Purdon's Digest, 9th ed., 619, pls. 7 and 8.
Doubtless the official surveyor may correct his survey while the warrant remains in his hands, but his control over it ceases after his return has been made to the land office, and the decisions are direct that no second survey thereon without an order for that purpose is of any validity whatever, either against the State or any other claimant, or, as Justice Strong said, in the case of Hughes v. Stevens A second survey without an order for it amounts to nothing, as it is merely an unofficial act, which cannot give the warrantee any rights either against the State or any other claimant of the tract.
Page 447 7 Wright, 197.
Drinker v. Holliday, 2 Yeates, 89; Porter v. Ferguson, 3 Id. 60; Vickroy v. Skelley, 14 Sergeant Rawle, 377; Oyster v. Bellas, 2 Watts, 397; Bellas v. Cleaver, 4 Wright, 260; Gratz v. Beates, 9 Wright, 495.
2. Whether the Circuit Court erred, as alleged in the second assignment of errors, depends upon the disputed fact whether there was any evidence in the case which would have warranted the jury in finding that an order for a second survey was ever granted by the board of property, as it is settled law that it is error to submit a question to a jury in a case where there is no evidence upon the subject.
It is clearly error in a court, said Taney, C.J., in United States v. Breitling, to charge a jury upon a supposed or conjectural state of facts, of which no evidence has been offered, as such an instruction presupposes that there is some evidence before the jury which they may think sufficient to establish the fact hypothetically assumed in the charge of the court, and if there be no evidence which they have a right to consider, then the charge does not aid them in coming to a correct conclusion, but its tendency is to embarrass and mislead them in their deliberations. When a prayer for instruction is presented to the court and there is no evidence in the case to support such a theory it ought always to be denied, and if it is given, under such circumstances, it is error; for the tendency may be and often is to mislead the jury by withdrawing their attention from the legitimate points of inquiry involved in the issue. Nor are judges any longer required to submit a question to a jury merely because some evidence has been introduced by the party having the burden of proof, unless the evidence be of such a character that it would warrant the jury in finding a verdict in favor of that party. Formerly it was held that if there was what is called a scintilla of evidence in support of a case the judge was bound to leave it to the jury, but recent decisions of high authority have established a more reasonable rule, that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.
Page 447 20 Howard, 254.
Goodman v. Simonds, 20 Id. 359; Dubois v. Lord, 5 Watts, 49; Haines v. Stouffer, 10 Barr, 363.
Ryder v. Wombwell, Law Reports, 4 Exchequer, 39; Law Reports, 2 Privy Council Appeals, 335.
Jewell v. Parr, 13 C.B. 916; Toomey v. L. B. Railway Co., 3 C.B., N.S. 150; Wheelton v. Hardisty, 8 Ellis Blackburn, 266; Schuchardt v. Allens, 1 Wallace, 369.
Very strong doubts are entertained whether the construction, of the language employed by the judge, assumed by the defendants, is the correct construction of the same, and the settled rule is if the charge is merely ambiguous the party dissatisfied with it should have requested to have it made clear before the jury left the bar; that a party under such circumstances may not acquiesce in the correctness of the instruction by his silence and take his chance with the jury, and then be allowed, if the verdict is against him, to claim the benefit of the ambiguity without having invited attention to the subject and given the court an opportunity to have made the correction to the jury. Much weight is certainly due to the suggestions of the plaintiffs, that the judge did not withdraw the evidence from the jury, if any there was in the case, that the language only warrants the conclusion that he expressed his own opinion, as he had a right to do, if he thought it proper, and left the question to the determination of the jury. Assume that to be the true construction of the language employed, and it is quite clear that the exception cannot be sustained, but the court is not inclined to place the decision upon that ground, as it is even clearer that there was no evidence in the case which would have warranted the jury in finding that an order for a new survey was ever granted by the board of property, as required by law and the repeated decisions of the Supreme Court of the State.
Lost instruments may be proved by parol testimony where it is shown that the instrument once existed and is lost, and the proof of loss, where it is first shown that it once existed, may consist of evidence showing diligent and unsuccessful search and inquiry in the place where it was usually kept or in which it was most likely to be found, if the nature of the case admitted of such proof. Presumptions of law are frequently absolute and conclusive, as they determine the quantity of evidence requisite for the support of any particular averment, which is not permitted to be overcome by any proof that the fact is otherwise. Such presumptions arise in respect to the intermediate proceedings in cases where lands are sold under licenses granted by courts to executors, administrators, guardians, and other officers, where they are required to advertise the sales in a particular manner, and to observe other formalities in their proceedings. Lapse of time, usually for the period of thirty years, affords a conclusive presumption in such cases, if the license and the official character of the party and the deed of conveyance are proved, that all the intermediate proceedings were correct. Were it otherwise great uncertainty of titles, and other public mischiefs, would ensue, but the rule that lapse of time accompanied by the acquiescence of parties adversely interested does not in general extend to records and public documents which are supposed always to remain in the custody of officers charged with their preservation, and which, therefore, must be proved or their loss accounted for by secondary evidence.
Page 449 1 Greenleaf on Evidence, 2d ed., § 558.
Page 450 1 Greenleaf on Evidence, 12th ed., § 20; Hathaway v. Clark, 5 Pickering, 490; Brunswick v. McKean, 4 Greenleaf, 508.
Surveys, it seems, were sometimes made in that State by deputy surveyors in early times without going upon the land, by plotting the chart and marking the lines and corners in their offices, and those surveys are called "chamber surveys," but such surveys were forbidden by the act of the State legislature of the eighth of April, 1785, which enacts that every survey hereafter to be returned into the land office upon any warrant issued after the passing of the act shall be made by actually going upon the land and measuring the same and marking the lines. Decided cases are referred to by the defendants where it is held that in controversies respecting titles under those surveys there arises a conclusive presumption, after the lapse of twenty-one years from the return of the survey into the land office, that the survey was regularly made upon the ground as returned and required by law. Evidently the cases referred to must be regarded as establishing a rule of property in that State, but the court here is of the opinion that they are not applicable in this case, as the defect in the defendants' title arises from the fact that the new survey was made without any order to that effect ever having been granted by the board of property as required by law. Surveys made under those circumstances are simply void, as shown by the best considered cases upon the subject decided by the highest court of the State.
Purdon's Digest, 9th ed., pl. 65.
Mock v. Astley, 13 Sergeant Rawle, 382; Caul v. Spring, 2 Watts, 390; Norris v. Hamilton, 7 Watts, 91; Nieman v. Ward, 1 Watts Sergeant, 68; Ormsby v. Ihmsen, 10 Casey, 462.
Deal v. McCormick, 3 Sergeant Rawle, 346; Oyster v. Bellas, 2 Watts, 397; Cassiday v. Conway, 1 Casey, 240; Hughes v. Stevens, 7 Wright, 197.
Attempt is made in this case to supply by presumption a matter absolutely necessary to give legality to the survey and without which it is a nullity and amounts to nothing, but is held to be as worthless as if there had never been any warrant at all. Viewed in that light, as it must be, it is clear that the case falls within the decision of the court in the case of Wilson v. Stoner, which, indeed, is decisive of the controversy. It was there decided that a survey is not evidence without first showing an authority to make it, or proving that such authority existed and was afterwards lost. Possession in that case was proved for upwards of thirty years under a survey in the handwriting of an assistant deputy surveyor, indorsed "copied for return," with a memorandum by him that there was authority to make it, but the court held that those circumstances could not be received as affording presumptive evidence from which the jury might draw the necessary conclusion, as matter of fact, that even if the existence of the location was admitted, some account of its loss would have to be given before secondary evidence of its contents could be received, as without that the survey would be inadmissible for want of a previous authority. Unless it can be shown that the rule laid down in that case is not good law it is quite clear that the second error assigned must also be overruled, as the defendants did not prove possession for any considerable time, or occupation of the premises, nor the making of any improvements upon the same, nor the payment of any taxes assessed upon the land. On the contrary, they proved nothing except the mere lapse of time, unaccompanied by evidence of possession, or of improvements, or the payment of taxes, or any other circumstance, as a ground of presumption to warrant the jury in finding that the board of property ever granted a new warrant of survey or made any order of a character to give legality to the title set up in their behalf, which is all that need be remarked to show that there is no error in the record. Unquestionably lost records may be proved by secondary evidence, but their former existence and loss must first be established by competent proof, and it is clear that evidence merely showing that they do not exist is not sufficient to establish either of those requirements.
Page 451 9 Sergeant Rawle, 39.
Mr. Justice STRONG having been of counsel for one of the parties did not sit.


Wells, Jenny C. and Bryan G. Cook. "Special Education Identification." In The SAGE Encyclopedia of Educational Research, Measurement, and Evaluation, edited by Bruce B. Frey, 1561-1562. Thousand Oaks,, CA: SAGE Publications, Inc., 2018. doi: 10.4135/9781506326139.n648.
Wells, J & Cook, B 2018, 'Special education identification', in Frey, B (ed.), The sage encyclopedia of educational research, measurement, and evaluation, SAGE Publications, Inc., Thousand Oaks,, CA, pp. 1561-1562, viewed 21 April 2019, doi: 10.4135/9781506326139.n648.
Wells, Jenny C. and Bryan G. Cook. "Special Education Identification." The SAGE Encyclopedia of Educational Research, Measurement, and Evaluation. Ed. Bruce B. Frey. Thousand Oaks,: SAGE Publications, Inc., 2018. 1561-1562. SAGE Knowledge. Web. 21 Apr. 2019, doi: 10.4135/9781506326139.n648.
Special education identification refers to the process for determining whether children and youth are eligible to receive services under the Individuals with Disabilities Education Improvement Act, a federal law commonly referred to as IDEA. The primary intent of the law is to ensure that all children with disabilities receive a free and appropriate public education. The IDEA includes a Child Find mandate that requires states to develop and implement a plan to seek, screen, and identify all children and youth between the ages of 3–21 years who may have a disability.


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Keeping the marbles will now be terrible PR for Britain
Rowan Moore, the architecture critic for London's Evening Standard, has written a piece on his visit to the New Acropolis Museum in Athens ("Now let's return the Elgin Marbles", June 24, 2009). He is not totally enthusiastic about the new building:
You enter, under a vast, clumsy portico, an elephantine proboscis propped on three thumping columns. Throughout the building, architecture gets in the way of the exhibits. There are too many fat columns, and thick joints between panels, and holes cut in walls and ceiling for purposes of acoustics or lighting. The serene sculptures are interrupted with too much visual noise.
He also objects to the "pointless vandalism" of demolishing the Art Deco buildings that stand between the museum and the archaeological zone.
But the building has persuaded him of one thing:
Standing there on Sunday, as the first members of the public flooded in, and armed with all the arguments of a London patriot, I felt my objections melting away. It is partly that the Parthenon sculptures form a single work of art, which has been arbitrarily dismembered. This work can never be completely restored but there is still much to be gained from having as much as possible in one place. Like a shattered figure, it is good to reconnect the head to the neck to the torso, even if the feet and hands are permanently lost. To be more mundane, keeping the marbles will now be terrible PR for Britain. Each person who visits the new museum will see the same story: here is a great family of sculptures kept apart by the grouchy Brits, still exercising their imperial rights of loot and pillage. Most of all, the Greeks have shown, by building the museum, how much the marbles mean to them.
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Forums Home > Repair > Bamboo > How do i use a surface filler?
How do i use a surface filler?
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What is the proper way to use a surface filler to fill deep scratches?
RE: How do i use a surface filler?
It depends if you are using filler that is meant for prefinished flooring or if you have to sand the existing finish off, fill, and then re-finish. Can you tell us which one you are planning to use?
Well, it sounds like the first option would be a lot easier right?


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North Wales Pre-Wedding Shoot: Sophie & Geraint
While I was up in North Wales over half term I met up with another couple who've chosen Portmeirion for their wedding. Sophie and Geraint will be tying the knot there very soon, but they wanted to do their pre-wedding photos somewhere different. They both grew up in Llanbedr-Dyffryn-Clwyd in Denbighshire and the surrounding hills are very special to them as they spent lots of time together there when they growing up. We faced a few challenges on our way to the tree where Geraint proposed (how romantic?!!), such as some rather less than amiable cows, but with a detour to the top of the hill and an alternative route, we made it! We also went to their favourite lake and found some beautiful bluebells. It was lovely to be able to capture them in this special location and I can't wait to go back up to Wales for their wedding.
North Wales Pre-Wedding Photography North Wales Pre-Wedding Photography North Wales Pre-Wedding Photography North Wales Pre-Wedding Photography North Wales Pre-Wedding Photography North Wales Pre-Wedding Photography North Wales Pre-Wedding Photography North Wales Pre-Wedding Photography North Wales Pre-Wedding Photography North Wales Pre-Wedding Photography North Wales Pre-Wedding Photography North Wales Pre-Wedding Photography North Wales Pre-Wedding Photography
Keywords: Moel Famau, North Wales, engagement, hills, photographer, photography, pre-wedding, relaxed
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Created as a result of the regionalization and decentralization process initiated by the IUCN Secretariat in 2006, PACO was born from the merger of the Central Africa and West Africa programs.
IUCN in Central and West Africa
IUCN has been active in Central and West Africa for more than thirty years; first through several national offices in West Africa, then a Regional Office for Central Africa (BRAC) in 1995, and a Regional Office for West Africa (BRAO) in 1997. In 2006, IUCN's administrative reorganization process to reconfigure the Regional Offices in Africa and West Asia led to the merger of BRAC and BRAO into a single program in 2008: PACO (Central and West Africa Program). The regional office was then based in Ouagadougou, Burkina Faso.
In 2019, PACO coordination was partially relocated to Dakar, Senegal.
PACO is a mechanism for achieving the mission and vision of IUCN in the region, consisting of 25 countries (Benin, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Congo, Côte d'Ivoire, Democratic Republic of Congo, Equatorial Guinea, Gabon, Gambia, Ghana, Guinea, Guinea Bissau, Liberia, Mali, Mauritania, Niger, Nigeria, Sao Tome & Principe, Senegal, Sierra Leone, and Togo)
PACO's actions are part of the implementation of the IUCN's four-year program. They concern both the issue of conservation policies and global, regional and local environmental governance as well as field projects related to the sustainable management of biological diversity. To date, it is deployed through :
8 country programs (Burkina Faso, Cameroon, Guinea Bissau, Mali, Mauritania, Niger, Democratic Republic of Congo and Senegal), which implement their programs and projects and ensure a better anchoring with the global programs and the IUCN Commissions.
4 regional thematic programs (RTPs):
Forest Conservation, based in Yaoundé, Cameroon;
Water Resources and Wetlands, based in Ouagadougou, Burkina Faso;
Marine and Coastal, based in Dakar, Senegal;
Protected Areas and Biodiversity, based in Dakar, Senegal
01 project office (Ghana).
Pursuing its policy of partnerships aimed at providing hosting to institutions, projects or regional networks of great importance for conservation, PACO currently hosts TRAFFIC (The wildlife trade monitoring network).
Members and Commissions
As of today (December 2019), PACO has 115 Members out of the 1400 at the global level, including 10 States, 11 governmental agencies and 81 national and international NGOs operating in various fields of activities related to PACO's thematic programs. It has 1 Regional Members Committee (CREMACO) and 8 National Members Committees (Benin, Burkina Faso, Burundi, Cameroon, Congo, Guinea Bissau, Mali and Senegal).
PACO also has nearly 600 members of IUCN Commissions out of the more than 15,000 at the global level.
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West and Central Africa Regional Office
- Tất cả -BeninBurkina FasoBurundiCabo VerdeCameroonCentral African RepublicChadCongoCongo (DROC)Côte d'IvoireEquatorial GuineaGabonGambiaGhanaGuineaGuinea BissauLiberiaMaliMauritaniaNigerNigeriaSão Tomé and PríncipeSenegalSierra LeoneTogo
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All West and Central Africa


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We're talking about Shark Tank, the tough love reality show where entrepreneur-contestants have a chance to pitch their product ideas to a panel of investors to secure funding.
In the spring of 2014, the team from Oru Kayak contacted us with a distinctive challenge. Their problem was one of the "nice to have" variety. While they had been steadily building a brand presence since their Kickstarter launch in 2012, an appearance on Shark Tank (one that would generate tons of interest and exposure whether they managed to secure a Shark's funding or not) could fully ignite their mainstream success. The problem was that their current eCommerce website would likely break under the weight of so many new visitors.
Their challenge for us was twofold: overhaul their eCommerce website so it would be able to handle a large influx of traffic, and launch it with a new design, updated features, and improved UX workflow functionality within three weeks. Yes, you read that right—three weeks.
Through massive amounts of hard work, cooperation, and caffeine-fueled late nights, the new Oru Kayak eCommerce site launch went off without a hitch. And as we viewed the real-time site analytics along with the airing of Shark Tank (and toasted our shared success over a lot of few beers), our team pondered how we got so lucky. After all, there's probably nothing more fulfilling for an agency than partnering with a client whose trust in us is exceeded only by their commitment to working together to create awesome stuff.
Working with Oru Kayak helped to remind us what can happen when "client" and "agency" stop acting as two separate forces and, instead, work together as a team. Here are 3 key elements that made it possible.
All client/agency relationships require a certain amount of trust in order to be productive and successful. Clients need to be able to trust that their agency will provide quality work and respect the brand and vision; an agency needs to trust that their client will communicate honestly and respect the expertise of the team. When trust is lacking on either side, communication is often the first thing to break down—and once that goes, a smooth and rewarding process for everyone becomes increasingly more difficult.
When both agency and client work together as a team and trust each other to be a part of something greater—that's magic.
For Oru Kayak, the stakes couldn't have been higher; time was the enemy, steadily pushing toward a pivotal make-or-break moment for their brand. Because of this, the Oru Kayak team needed to put their trust in an agency that not only had the technical chops to get the work done (with nimble expertise), but that could also deliver an experience that captured the spirit and potential of the brand itself. Their brand image—one that hundreds of thousands of visitors would be experiencing for the first time, at the same time—was on the line. It was their trust in our ability, and their eagerness to provide feedback, information, and assets as quickly as possible, that laid the foundation we needed to work to the best of our potential.
Imagine being in a three-legged race with someone and each of you are running toward different goals. Eventually, after a bit of struggle, one of you might end up at the goal you were aiming for, but the other party is bound to be discouraged and disappointed about it. That's what it's like when client and agency teams can't embrace a single vision to work toward.
Communication and honesty is critical here, and it requires that both sides define realistic goals, agree on a comprehensive breakdown of work to be done, and remain open to course correction. In our experience, enthusiasm is contagious; when agency and client teams have done the work to get on the same page, each success and failure becomes personal to everyone involved, and that's what helps deliver results that matter. With a tight deadline looming, the enthusiasm of a shared purpose is what gave the Oru Kayak and Lucid Fusion teams the determination to push hard until the very last second—and it's what made the resulting success that much more meaningful.
No project exists in a vacuum. The influence of stakeholders, visionaries, creatives, and technical experts is necessary for defining goals and developing a process to achieve them; it's reconciling the perspectives of these various influences that can get tricky. Teamwork—that is, a genuine understanding that we're all on the same quest to deliver outstanding work—is what gives everyone a voice and a way to contribute.
Ultimately, both agencies and clients have one thing in common: by project's end, they expect to see the best work possible.
In order for us to meet the three-week deadline, the Oru Kayak team moved their operations into Lucid Fusion HQ and worked right alongside us. This provided an environment of continuous, real-time feedback that enabled us to troubleshoot, innovate quickly, and resolve issues on the fly as a team. While this setup isn't practical for every client or project, the basic principle of teamwork is universal: the more we support each other and understand that we're on the same side, the better we'll be able to accomplish amazing things.
Every project that comes in starts with a huge vision which (at least at the start) can be different from client to agency. But when both sides work together as a team and trust each other to be a part of something greater—that's magic. And the results are often equally as magical. Ultimately, both agencies and clients have one thing in common: by project's end, they expect to see the best work possible. Trust, vision, and teamwork are what help to make that a reality.
Want to know more about the fruits of this collaboration? Click the button below to download From Box to Boat: the Oru Kayak Case Study, or visit our work section.


A dog was killed by a bear in Jasper National Park last Wednesday, Parks Canada confirmed.
The agency said a vehicle pulled over on the side of the road to look at the bear, the dog jumped out of the vehicle through the window, approached the bear and barked at it. The bear then "responded defensively" and the dog did not survive the attack.
Parks Canada personnel responded and retrieved the dog.
The agency said the bear did not respond aggressively to the specialists or the pet owners.
Bears are common near roads and highways in Jasper National Park at this time of year, Parks Canada said.
The agency reminds visitors to keep their pets on a leash while they visit Jasper National Park. Failing to do so is not illegal, but it reduces the change of an aggressive encounter with a bear, Parks Canada said.
When viewing wildlife, Parks Canada recommends pulling safely out of traffic, staying inside the vehicle, leaving after a few minutes, and keeping pets secured.
No watches or warnings in effect.
Troops deployed to help battle flooding in Que. and N.B.
Alberta man killed in snowmobile accident in B.C.


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National Database Provides Real-Time Comprehensive Source for U.S. Recycling Information
Digital tools will offer individuals, companies, and government access to localized recycling program details
FALLS CHURCH, Va. (March 2, 2022) – The Recycling Partnership announced today that it has developed a National Recycling Database, offering a comprehensive source for local recycling information across the U.S. This first-of-its-kind database, and the community outreach and product design tools based on this data, will empower households, manufacturers, retailers, brands, policymakers, environmental organizations, and government officials to understand how individual recycling programs are conducted, what materials are recyclable at the local level, and ultimately how to improve packaging recyclability.
The U.S. recycling system is not a unified or governmental entity, but rather a network of 9,000+ separate local recycling programs. Each individual program has specific parameters for which materials can be recycled, and municipalities collect recyclables in different ways. This is the first time that a systematic search of community programs has been completed and aggregated into a database that will be able to answer questions for consumers, companies, and recycling professionals, such as "Is this container recyclable in my town?", "How do we design packaging for recyclability?", and "How can we improve recycling in my community?" The Recycling Partnership's National Database contains continuously updated data that will make it possible to answer these questions and more through a suite of tools that are currently under development.
With generous support from Apple, The Recycling Partnership created the first database that indicates what materials are accepted for recycling based on specific community programs, versus general information about what's recyclable in an area. This complex database incorporates research of all local U.S. recycling websites with communities of over 2,500 households (97% of the U.S. population) and a custom neural network that captures local recycling changes as they occur. With this first-ever resource, the country is taking a bold step towards the innovative system of the future. A video showing how the database works can be found here.
The Recycling Partnership is actively working to deliver a series of digital tools that will harness the breadth and depth of the database for multiple audiences. The first offering will be a chat-bot tool – available this Spring through both The Recycling Partnership's website and other online channels – that will answer household recycling questions to address common confusion (e.g., "Is my yogurt container recyclable in my community?"). The Recycling Partnership will also use the database in tandem with its recent Pathway to Circularity Recyclability Framework, which supports companies in taking action to ensure their product is recyclable. Though some packaging may require further innovation, the database will allow for the recyclability of these packages to be communicated in real-time to consumers. Given the power of the National Recycling Database, The Recycling Partnership envisions multiple opportunities to collaborate with communities, App creators, and other partners. As tools are released, The Partnership will be engaging community and industry partners to get feedback on the data and input on future offerings.
The Recycling Partnership currently uses the database to target investments in strategic ways, focusing on communities that most need support. Ultimately, the National Recycling Database will fuel the transformation of today's U.S. recycling system into a system of the future, allowing:
Consumers to access trustworthy local recycling information;
Local recycling program coordinators to convey updated and correct recycling information to residents;
Retailers and brands to design packaging for maximum recyclability;
Material producers to determine steps to overcome impediments to recyclability;
Policymakers at the state and federal level to determine what is accepted for recycling at the local level.
"We are thrilled to share this powerful database that offers a hyperlocal and a high-level view of the U.S. recycling system at any given moment," says Aaron Burman, VP of Data & Analytics. "We've built a state-of-the-art neural network to detect changes in community websites, but this is really just the data foundation for a suite of tools that will help drive circularity throughout the U.S. economy."
"Advancing a circular economy requires concerted efforts and focus at all levels of the recycling supply chain," explains Sarah Dearman, VP of Circular Venture. "The National Database will enable us to strategically affect package design, convey real-time recyclability information, and target action to improve the recycling system where it is needed most so that we can build a circular packaging system of the future together in an informed, cohesive manner."
To watch a video demonstration of the National Database, click here.
National Recycling Database FAQs
Q. How did The Recycling Partnership acquire this data?
Based on Census data, we researched the recycling websites of each U.S. community with 2,500 or more households – equating to 97% of the U.S. population – for publicly available information. Then we developed an advanced artificial intelligence algorithm that detects changes in each community's program to keep the database up to date. In addition, we work with hundreds of communities each year and keep the database current based on those engagements.
Q. Who is currently using this data?
The Recycling Partnership is utilizing the data internally to drive strategic investments in the recycling system. We also leverage it to inform the development of our Pathway to Circularity framework. We are building a suite of tools that will leverage this data to help drive all stakeholders in recycling toward a common vision of a circular economy. We are exploring partnerships with numerous companies to integrate this data into their platforms and applications to drive as much positive impact as possible.
Q. Has the data quality been tested with local communities?
We have selected random communities to verify the accuracy of the machine learning algorithms and have found a 1-3% error rate in the data. As tools are released based on the database, we will be engaging industry and community partners to get feedback on the data, including providing communities with the ability to flag items that are incorrect so that we can verify and update the data accordingly.
Q. How often is the database updated?
The database will be updated continuously, but on a quarterly basis we will release updates with a summary of changes along with any methodology or other community changes.
Q. Is The Recycling Partnership seeking feedback on the database?
As tools are released based on the database, we will be engaging industry and community partners to get feedback on the data, including providing communities with the ability to flag items that are incorrect so that we can verify and update the data accordingly.
Q. Who will be able to access this data, and how?
Information from the database will be accessible through a series of digital tools that will be available to consumers, companies, communities, and other audiences. We will also be engaging with community and funding partners to get input on tools or data views that would be beneficial.
Q. Will there be a fee charged to access the database?
Any information made available via our website will be free of charge.
Q. In addition to the tools specifically mentioned, what other uses does The Recycling Partnership envision for the database?
Ultimately, it is about improving the recycling system and reducing waste. Having access to real-time information about recycling programs and packaging recyclability information enables us to be even more strategic when investing to improve the system through grants, education and other mechanisms. The National Recycling Database is a powerful tool that can be leveraged in many ways. We welcome other ideas and collaboration opportunities to utilize this valuable resource to drive as much positive impact as possible.
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Kodak Black was instructed Post Malone can be coming again to the studio to work with him however wasn't attempting to listen to it.
Kodak Black has been pissed off with a variety of artists apart from Post Malone similar to A Boogie Wit Da Hoodie, Don Q, and 6ix9ine.
Kodak Black lately bought out of jail for violating the phrases of his probation and continues to be going through 30 years in South Carolina for prison sexual conduct.
Eli Sostre Returns With Brand New EP "WORLD-WILD"


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Describe in detail, the methods of appointment, powers and position of the Governors.


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Astros: Looking forward to Gerrit Cole vs. Charlie Morton
By Cody Poage
HOUSTON, TX - JULY 08: (L-R) Charlie Morton #50 of the Houston Astros, Lance McCullers Jr. #43, Gerrit Cole #45 and Justin Verlander #35 wait to celebrate with the team after defeating the Chicago White Sox 2-1 at Minute Maid Park on July 8, 2018 in Houston, Texas. (Photo by Bob Levey/Getty Images) /
The Astros get to see an old teammate in a different uniform on Friday, and, no, I do want Houston to lose as a way to thank the former player for his contributions. That's just not right.
Last season, the Astros had one of the best starting rotations in baseball. The staff led the majors, by a large margin, in both ERA (3.11) and WAR (29.4). It was also a staff that only used five starters all the way until early August. For any team in today's baseball, that was an impressive accomplishment.
However, all good things must come to an end, sooner or later. We found out this offseason as Lance McCullers Jr. went under the knife for Tommy John surgery, Dallas Keuchel is still trekking the wilderness known as free agency, and Charlie Morton signed with the Rays.
Oh, look, the Astros are playing the Rays right now. If I check the schedule…well, yes, Morton is scheduled to start Game 2 of the season against the Astros. Gerrit Cole, one of the two aces on Houston's staff, is also scheduled to start. What a time to be alive.
In all seriousness, Friday's game between the Astros and Rays is only one of 162. Even if Morton beats his former club, it likely doesn't alter the Astros season by much. That said, it is also going to be strange to see Morton in the opposite dugout. In another uniform. Pitching for another team. Um, yeah, this may take some time to get to use to, especially after I re-watch the clip below from the 2017 World Series.
Hey, who started cutting onions up in here?
Isn't kind of odd that we celebrate a pitchers matchup, although they don't directly interact with each other? Not saying I care, but it is worth pointing out. Anyway, this game will mean something to the Astros and their fans. Presumably it will also mean something to the Rays and their fans, but not in the same way. Morton was a key part of the club for the last two seasons. He definitely left his mark in Houston.
Astros: A Breakdown of Opening Day. dark. Next
Now, what should we expect? I am not sure as baseball can be crazy and everything. But I am hoping for a decent pitching duel from two starters who have a history of success in this league. Cole has the higher upside, but one should not count out Morton. I wish the latter luck this season just as long as his success doesn't interfere with the Astros. Hey, my fandom is strong.


A native of Middle Tennessee, Kyle Shults was immersed in the real estate industry at a young age as the daughter of Melissa and Andy Clough, both of whom are active REALTORS and members of WCAR. While completing her undergraduate studies at Belmont and MTSU, Kyle served in an administrative role for two real estate teams. In 2012, she became a licensed agent and joined the family team at Keller Williams Realty. She has received her ABR and become a member of Luxury Home Marketing Institute. Kyle has been involved with WCAR in various capacities including serving as YPN Committee Chair for two years, a member of the Board of Directors and is a Sterling R investor in Realtor Political Action Committee. She lives in Franklin with her husband and several animals.


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Hedge Fund Trader Banned For Manipulating Stock Prices
HedgeCo News - The Financial Industry Regulatory Authority (FINRA) has permanently barred a former Deutsche Bank broker from the securities industry for manipulating the price of Monogram Biosciences (MGRM) stock in an effort to enrich a hedge fund client, himself and his family.
A FINRA panel found that Edward S. Brokaw was engaged in a pattern of trading designed deliberately to drive the value of MGRM stock down and, in turn, drive up the value of contingent value rights (CVRs) on that stock.
According to FINRA, Brokaw`s hedge fund client held approximately 18.5 million CVRs – nearly 30 percent of the 64.8 million MGRM CVRs outstanding. For every penny the final VWAP dropped below $2.90, the value of the hedge fund`s CVRs increased by $185,000.
If the maximum payout of $.88 per CVR were achieved, FINRA said, the hedge fund would receive approximately $16 million. Brokaw and his family owned 217,000 of the CVRs, with a potential maximum payout of $188,000.
Included in the evidence against Brokaw were tape recordings of his phone calls to his firm`s trading desk to place sell orders. In one phone call, Brokaw told a Deutsche Bank sales trader, "Take 50,000 MGRM at the market. Sell it down. Sell it as low as you want. Sell it hard, 50,000."
FINRA also found that Brokaw violated a Deutsche Bank`s policy by only completing one "booking ticket" each day, each showing a single 100,000-share order to sell, each with a false notation that the order was given by the client directly to the trading desk rather than to Brokaw – thus circumventing automatic branch office compliance review of the orders.
Deutsche Bank first suspended, then terminated Brokaw based on his MGRM sales orders for the hedge fund.
UK Hedge Fund SRM's Case Against Countrywide Dismissed
New York (HedgeCo.net) – London hedge fund SRM Global's case against Countrywide Financial Corp, the mortgage lender acquired by Bank of America, was dismissed yesterday according to a Reuters article.
The hedge fund alleged that Countrywide was "flying blind" and had made misrepresentations and omissions, delaying disclosure of its problems in the U.S. housing market fall, Reuters said. The hedge fund said it lost nearly 90% of its value in 50 million shares of Countrywide common stock in 2008.
Manhattan federal court Judge Richard Berman said, "The hedge fund failed to plead facts showing a primary violation of the securities laws," dismissing the lawsuit, which also identified Countrywide, Bank of America and former BOFA Chief Executive Officer Ken Lewis, former Countrywide Chief Executive Officer Angelo Mozilo, company President David Sambol and Executive Managing Director Eric Sieracki as defendants, the news source reported.
The three former Countrywide executives are also defendants in an SEC civil fraud lawsuit, Reuters said.
Philanthropy NY: The Fresh Air Fund
HedgeCo News - The Countdown to Summer 2010 is on and The Fresh Air Fund is in need of host families.
The Fresh Air Fund is an independent, not-for-profit agency, which has so far provided free summer vacations to more than 1.7 million New York City children from low-income communities since 1877. Nearly 10,000 New York City children enjoy free Fresh Air Fund programs annually. In 2008, close to 5,000 children visited volunteer host families in suburbs and small town communities across 13 states from Virginia to Maine and Canada. 3,000 children also attended five Fresh Air camps on a 2,300-acre site in Fishkill, New York. The Fund's year-round camping program serves an additional 2,000 young people each year.
"We also just received a tremendous offer by a very generous donor."Sara Wilson od www.freshair.org said, "Any gift given from now until the end of June will be matched dollar-for-dollar."
In 2009, The Fresh Air Fund's Volunteer Host Family program, called Friendly Town, gave close to 5,000 New York City boys and girls, ages six to 18, free summer experiences in the country and the suburbs. Volunteer host families shared their friendship and homes FOR up to two weeks or more in 13 Northeastern states from Virginia to Maine and Canada.
Silverstone Capital's flagship hedge funds deliver in May
Hedgeco News - London-based hedge fund manager, Silverstone Capital's flagship hedge fund delivered a gross return of +4.92% for the month of may taking YTD gross performance to +5.31%, whilst the Monza Fund posted a gross return of +6.77% in May. Monza has year-to-date delivered a positive gross return of +10.65%.
Silverstone runs equity long/short hedge funds that specialize in investments in the global automotive industry and related fields.
"We are pleased with the May result but we continue to look forwards." Saul Rubin, Founding Partner at Silverstone said, "Our intention continues to be to deliver good returns over the long run irrespective of the overall market conditions."
Silverstone was founded in May 2004, and today manages investments in equity and equity linked products. The firm currently manages the Silverstone Fund and the Monza Fund. The flagship Silverstone Fund opened to outside investors in July 2004. Silverstone has throughout Q2 of 2010 continued to see strong international investor demand for its funds products, and the strong May numbers further reaffirms the unique advantages of the investment philosophy in the Silverstone Fund and the Monza Fund.
House Bill on Carried Interests may Affect Hedge Funds
HedgeCo News - The House of Representatives recently passed legislation pushing back the effective date of a proposed tax increase on hedge fund managers which would prevent a portion of their income realized from carried interests in investment partnerships from being characterized as capital gain.
This provision would increase the effective tax rate for fund managers with respect to the portion of their compensation they receive as a "carried interest". An earlier version of the bill had a Jan. 1, 2010 effective date which has now been moved to Jan. 1, 2011.
"As one of the revenue offsets for these extensions, the bill would generally prevent a portion of any income with respect to carried interests in investment partnerships held by service providers to such partnerships ("investment service partnership interests") from being characterized as capital gains." Federal income taxation specialist at RK&O Kenneth E. Werner, said, "Instead, such portion (50% for tax years beginning before January 1, 2013 and 75% thereafter) would be treated as ordinary income."
The term 'investment services partnership interest' means any interest in a partnership which is held by any person if it was reasonably expected that such person (or any person related to such person) would provide a substantial quantity of any services in the nature of advising as to investing in, purchasing, or selling any specified asset, managing, acquiring, or disposing of any specified asset, arranging financing with respect to acquiring specified assets, or any activities in support of the foregoing.
The term "specified asset" means securities, real estate held for rental or investment, partnership interests, commodities, or options or derivative contracts with respect to any of the foregoing.
Hedge Funds Down -2.99% In May
The Hennessee Hedge Fund Index declined -2.99% in May (+1.57% YTD), while the S&P 500 decreased -8.20% (-2.30% YTD), the Dow Jones Industrial Average declined -7.92% (-2.79%), and the NASDAQ Composite Index fell -8.29% (-0.53% YTD). Bonds advanced, as the Barclays Aggregate Bond Index increased +0.84% (+3.74% YTD), due to increases in U.S. Treasuries as both Investment Grade and High Yield bonds declined.
"May was the worst month of the year for hedge funds and the worst monthly drawdown since October 2008. However, hedge fund managers avoided significant losses and outperformed traditional benchmarks on a relative basis due to conservative exposures, hedging and short positions," commented Charles Gradante , Co-Founder of Hennessee Group . "In May, we saw investors significantly de-risk portfolios as volatility increased. Given the negative headwinds that exist and potential global crises, hedge funds continue to operate with low gross exposure levels as they navigate an increasingly challenging investment environment."
"Hedge funds' defensive positioning prior to May helped limit losses and provided downside protection," said Lee Hennessee, Managing Principal of Hennessee Group . "Downside protection is the primary benefit of the hedge fund asset class. In the current environment, where investors seem to be very skittish due to higher volatility and dramatic drawdowns, downside protection and hedges are extremely beneficial. We are seeing hedge funds garner continued interest by the investment community desiring lower drawdowns."
Activist Hedge Funds Buying Newspaper Industry Debt
HedgeCo News - The Los Angeles Times reports that hedge funds and banks are taking over some of the major US newspapers as they begin to emerge from bankruptcy protection.
"Distressed debt" hedge funds such as Angelo, Gordon & Co. and Alden Global Capital and Oaktree Capital Management have been buying up cheap, delinquent debt, then taking it to Bankruptcy Court for a settlement that transforms the debt into a large share of company stock, the LA Times reported, with itself, Tribune Co., being one of the newspapers under siege along with KTLA-TV Channel 5 among others.
The hedge funds, such as Angelo, Gordon & Co, as well as JPMorgan will be major shareholders in both Tribune and Freedom The LA Times reported. People with knowledge of the the hedge funds' strategy, say that the hedge funds want quality, branded journalism that still draws advertisers and therefore is worth preserving.
"The hedge funds will have to remain patient if they want to reap what they've sown in newspapers," the LA Times quoted. "The funds probably don't even have a firm exit strategy in place, and it will take sure signs of an economic recovery to grease deals and liquidity events."
Analysts believe, the LA Times said, that the newspaper industry had gotten so beaten down during the crisis that they have become a bargain for hedge funds.
Opalesque: Hedge Funds Engage in "Armageddon Strategies"
HedgeCo News - Opalesque has released the 32nd issue in a series of regional roundtable forums - the 2010 Opalesque West Coast Roundtable. The 25 page Roundtable publication covers "Armageddon" strategies and how plan sponsors have changed their game during the past 18 months.
"All we did was provide huge amounts of liquidity." John Burbank from Passport Capital said regarding the massive deficits run up in an effort to stabilize the markets and economies, "The markets are as vulnerable to financial shocks and at least as highly leveraged than they were before the financial crisis. The Fed has more than doubled its balance sheet and will have to exit markets at some point or its legitimacy will be called into question".
Burbank added that a number of people have asked Passport to design funds comprised of macro trades that would help them hedge against systemic risks.
Jay Gould from Pillsbury also helped creating distaster insurance or "armageddon strategy" funds which work under the premise that U.S. will experience a very difficult time over the next several years, "including hyper-inflation, the abandonment of the U.S. dollar as the world's reserve currency, further complications associated with our huge deficit spending, and a rush toward hard assets."
The Roundtable discussion also includes:
• Overview of the latest products and research from funds and CTAs on intermarket correlations and quantitative trading
• A discussion on the impact the regulatory changes will have on the markets: How will mandating more OTC products to clear/trade on an exchange impact liquidity? What is more important in a derivatives contract - liquidity or flexibility?
• The democratization of alternatives: More funds using the 1940 Act format will be offering real CTA strategies with daily liquidity
• Running a hedge fund from the West Coast: Why this location counts and where West beats the East Coast.
The Roundtable was sponsored by the CME Group and the Opalesque 2010 Roundtable Series Sponsors Custom House Group and Taussig Capital. The following West Coast based experts participated:
• John Burbank, Managing Member and Chief Investment Officer, Passport Capital
• Jay Gould, Partner, Pillsbury
• Jeremy Evnine, President, Evnine & Associates, Inc.
• Matt Osborne, Executive Vice President & CIO, Altegris
• Ranjit Sufi, Manging Director, Nuveen
• Rishi Narang, Founding Principal, Telesis Capital
• Tina Lemieux, Managing Director of Hedge Fund and Broker Services, CME Group
• Tom Shanks, Founder and CEO, Hawksbill
Matthias Knab, founder of Opalesque and internationally recognized expert on hedge funds and alternatives, moderates the Opalesque Roundtables.
Pastor's Hedge Fund Fraud Verdict Upheld
HedgeCo news - A Colorado Springs pastor found guilty in 2008 of hedge fund fraud lost his appeal in a Court yesterday according to the Colorado Springs Gazette.
The pastor, Douglas Alan Scott, was charged with taking part in a $12 million hedge fund scam, more than 400 investors were solicited from his parish for a fraudulent hedge fund, XL Capital Partners Inc.
The conviction was upheld in a 14-page, three-judge panel, who unanimously upheld the jury's guilty verdict on charges of theft and securities fraud, the paper reported.
The appeal was held because the defense alleged flaws in the jury instruction, the evidence presented and in the prosecution's closing arguments. The panel dismissed the arguments, saying the errors were insignificant.
Scott is sentenced to 15 years probation and ordered to pay $1.4 million in restitution.
People Moves: Kathryn Graham Joins London Board Of 100 Women In Hedge Funds
HedgeCo News - Kathryn Graham has been appointed to the 100 Women in Hedge Fund's London Board, a non-profit organization for professionals in the alternative investments industry.
"I joined 100 Women in Hedge Funds in 2008 as a member because of its dedication to providing educational seminars, networking events and philanthropy work and now I look forward to contributing as a London Board member." Ms. Graham said "I have been very impressed with both the quality and creativity of the organisation's work and look forward to building on this success".
Ms. Graham is a Director of BT Pension Scheme Management Limited, the pensions advisory arm of the BT Pension Scheme, the largest in the UK. She joined BTPSM in 2004 to help establish a new team mandated to invest up to 5% of the BT Scheme directly into single manager hedge funds.
In 2007, she took responsibility for Manager Selection across the BT scheme before moving in 2009 to set up a new team tasked with managing Liability Risk. She has more than 15 years experience in capital markets and hedge funds both as an end buyer and structurer. She began her career at SG Warburg in 1994 and also worked at UBS and Progressive Alternative Investments before joining BTPSM. She was educated at Edinburgh University, where she was awarded an MA in Economics and Mathematics.
Ms. Graham is a member of the BTPSM Investment Committee, through which she is fully involved in all aspects of the scheme's investments. She has a special interest in improving the treatment of investors in offshore vehicles and most recently has been heavily involved in lobbying for changes to the EU Alternatives Directive alongside other like-minded investors. She is a Trustee of the Hedge Fund Standards Board, a Director of a number of BTPSM offshore vehicles, is an occasional board member at the UNPRI, and was one of the Hedge Fund Journal's "50 Leading Women in Hedge Funds".
Ms. Graham is the seventh member of its London Board. She joins an already well established London board that includes London Board Chair - Effie Datson, Product Head of the dbSelect Platform for Deutsche Bank; London Board Vice Chair - Carole Philippe, Global General Counsel, Aviva Investors; Treasurer - Olivia Bernard, CFO, Massena Capital Partners; Philanthropy Board Champion - Kristen Weldon (Eshak), Managing Director, The Blackstone Group; Swiss Board Champion - Claire Smith, Research Analyst, Partner, Albourne Partners Limited, and Anne Popkin, Chair of the Board of 100WHF Association. The Board manages 2,000 members in London, and has extended its European reach to Paris, Geneva and Zurich. Amanda Pullinger serves as the organisation's global Executive Director.
Credit Suisse: Hedge Funds Post Negative Returns in May
HedgeCo News - Hedge fund performance was negative across most strategies in May, according to Jordan Drachman, Head of Research for Alternative Beta Strategies at Credit Suisse.
"The Credit Suisse Liquid Alternative Beta Index (CSLAB) generated negative performance in May, returning -2.64% for the month, bringing year-to-date performance to +0.27%." Dr. Drachman said, "All four Liquid Alternative Beta (LAB) sector indices also posted negative performance in May, suggesting that hedge fund managers across different strategies suffered as a result of the month's increased market volatility. Despite negative returns, hedge funds appear to have outperformed global equity markets, as represented by the MSCI World Index, which lost -9.91% in May and is down 7.59% year-to-date."
LAB is a series of indices that seek to replicate the aggregate return profiles of alternative investment strategies using liquid, tradable instruments that are selected and weighted using an objective and transparent rules-based methodology. An algorithm determines the appropriate factors and weightings employed in seeking to replicate the returns of specific hedge fund strategies.
"Hedge Fund Manager" on the Run From FBI Arrested in Poland
HedgeCo News - An American fugitive, Alexsander Efrosman, also known as Alex Besser, has been arrested in Krakow, Poland, the Associated Press reports.
The Polish police arrested the Staten Island "hedge fund manager", who is wanted by the FBI for fraud and money laundering.
AP reports that the U.S. Commodity Futures Trading Commission alleges that Efrosman/Besser stole about $5 million from customers of two fraudulent hedge funds that he claimed to manage, Century Maxim Fund, Inc. and AJR Capital Inc.
The commission says that investors were shown fake financial statements for trades that never occurred and the fake earnings were used in the solicitation of new investors to his hedge funds.
Hedge Fund Nominees Wanted: 40 Under 40 M&A Advisor Recognition Awards
HedgeCo News - Nominations are now being accepted by for candidates for the 2010 40 Under 40 M&A Advisor Recognition Awards in the professional classifications of, Investment Banking, Private Equity, Hedge Fund, Law, Valuation, Research, among others.
Nominees will be evaluated by their career accomplishments and professional expertise. Consideration will be given to their community/charitable involvement and special circumstances.
The 2010 40 Under 40 M&A Advisor Recognition Awards will be announced on July 26, 2010 at the inaugural Awards Gala.
Eligible candidates are invited to submit a nomination directly or be nominated by their firm, associates, friends or family. To qualify, nominees must be under 40 years of age as of July 25, 2010. An independent committee of M&A industry business leaders will judge all nominations and finalists will be invited to attend the Awards Gala in Los Angeles.
Citigroup Hedge Fund Investors Awarded 100% Return on Losses
HedgeCo News - Investors in Citigroup's fixed-income municipal arbitrage hedge fund have been awarded over $550,000 by the Financial Industry Regulatory Authority (FINRA).
The Wall Street Journal reports that the MAT 3 Municipal Arbitrage Fund was "a risky investment that not only exposed investors to a 100% or more loss of principal, but was 2.5 times more volatile than the S&P 500 and 7.8 times more volatile than a traditional portfolio of municipal bonds," according to lawyers.
FINRA said that the bank understated the hedge fund's risk to investors and awarded a 100% return on the investors' losses.
"We are disappointed and disagree with this decision as it is inconsistent with other panels, which have dismissed similar claims." Citigroup Spokesman Alex Samuelson said in an interview with WSJ. Citigroup also said the hedge funds were offered only to clients who knew about and could afford the risks.
UCITS Funds of Hedge Funds Monitor Launched
HedgeCo News - Investment manager Northern Trust is enhancing its hedge fund monitor with a new compliance module designed to support the demands of Undertakings for Collective Investment in Transferable Securities (UCITS) funds of hedge funds.
"Our latest hedge fund monitor enhancement helps fund managers running UCITS funds of hedge funds to monitor their compliance with restrictions on liquidity, concentration risk and exposure to underlying non-UCITS funds," said Ian Headon, senior product manager for alternative asset servicing at the $647.3 billion Northern Trust.
UCITS' are a set of European Union directives that allow collective investment schemes to operate throughout the European Union on the basis of a single authorisation from one member state. UCITS funds must operate within a strict regulatory framework that imposes standards on liquidity, concentration risk, transparency and other attributes.
"Northern Trust is committed to meeting the asset servicing needs of traditional and alternative investment managers, often with complex fund structures and multi-jurisdictional requirements," said Wilson Leech, head of Northern Trust's Global Fund Services business.
People Moves: Insparo Expands Hedge Fund Team
HedgeCo News - UK-based limited liability investment group, Insparo Asset Management, has appointed Man Investments' Emma Robinson as Investor Relations Manager to the Africa and Middle East Fund, which has returned over 45% since the start of 2009.
The Africa and Middle East Fund has a range of hedge fund and emerging market investors in Europe, Middle East and the US. Emma will also take on responsibility for the firm's investor communications and client liaison.
"The return our Africa and the Middle East strategy has made in the last 18 months has, unsurprisingly, drawn a lot of attention from investors." Jamie Allsopp, the fund's investment manager, said, "Frontier markets are in relatively robust fiscal positions when compared to their OECD counterparts, and the investment community is generally underweight this enormous growth opportunity. With the confluence of our historic returns and our optimistic outlook for our region we feel that it is the right time to increase our capabilities in client services."
Before joining Insparo, Emma spent two years at Man Investments as an institutional sales assistant before heading up Man's UK consultant relationship management. Prior to joining Man, Emma was with recruitment consultancy Venn Group.


It seems like just yesterday that teams were preparing for the 2018/19 season, and here we are again.
The rumours are plentiful, the fees are astronomical, and we're only just getting started. This summer is going to be a fun one.
Here's a roundup of six of the latest rumours doing the rounds.
After moving to Turkey in 2017 for what looks like pocket change in today's inflated market, Eljif Elmas has been a regular part of Fenerbahce's lineup, but the team have struggled this season. However, he doesn't want out just yet.
According to F5 Haber, the 19-year-old midfielder has rejected the chance to move to Cardiff City, instead believing remaining with the Yellow Canaries would be better for his development.
His resolve looks set to be tested soon, with the likes of Tottenham Hotspur, Manchester City and Real Madrid all said to be plotting offers for Elmas. Manager Ersun Yanal is set to pay close attention to the youngster, but he may find himself on the way out the exit door regardless.
Leeds United are desperately pushing for promotion to the Premier League and, if they do so, they're keen on bringing a Uruguayan star with them.
The man in question is Boca Juniors midfielder Nahitan Nandez who, according to Ovacion, has found himself near the top of Leeds' wish list for next season. He has a £12m release clause, but the Whites are ready to spend up to £25m to secure his signature.
Several Serie A sides are also set to join the race, so Marcelo Bielsa's men will need to secure promotion if they are to have any chance of convincing the 23-year-old to sign.
Leonardo Koutris is a wanted man. The Olympiacos left-back has enjoyed an impressive season, and the Greek star reportedly attracted plenty of spectators when his country faced off against Liechtenstein on Saturday.
Scouts from Leicester City, Everton, West Ham United and Newcastle United were all present, and TEAMtalk claim that they will all monitor him again when Greece travel to play Bosnia-Herzegovina on Tuesday.
A price tag of £10m has been suggested, with the Red-Whites rejecting a bid of half that figure from Genoa in January. If they want him, they'll have to pay up.
Few defenders in world football have generated as much hype as Benfica's Alex Grimaldo. The former Barcelona man has developed into a machine at left-back, and links to the likes of Atletico Madrid and Manchester City have followed. Barcelona will be watching his transfer saga unfold, but not with a view to buying him back.
Instead, Mundo Deportivo note that the Blaugrana negotiated a clause when they sold Grimaldo for just €1.5m which will see them take home 15% of any future transfer fee.
The Spaniard could cost anywhere upwards of €30m, which would be a welcome pay-day for Barcelona.
Thomas Partey has long been the subject of transfer speculation. The Ghanaian is a constant part of Atletico's squad, but regularly just as a substitute, and many fans fear he will look to leave in search of consistent football.
If he does, AS claim Arsenal and Manchester City will be leading the charge to lure him away from the Wanda Metropolitano. Atletico don't want to lose Thomas, so any side would likely have to hit his €80m buyout clause to get the ball rolling.
This summer looks set to be a busy one for Manchester United. The Red Devils have been linked with seemingly every player under the sun, and the latest man on their radar is Sporting CP star Bruno Fernandes. He's been linked a lot recently.
Sporting don't want to lose their captain, but Correio de Manha state that United would be able to get their man if they activate his release clause of €100m.
However, slight problem. Sporting know absolutely nothing about United's interest - and they've not yet received a bit or any kind of approach.


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Sharon Jones & The Dap Kings – It's A Holiday Soul Party!
Vintage soulsters do a Christmas album – like you do.
By Johnny Sharp
Given The Dap Kings' love of vintage R&B tropes, it's no surprise that they should have a crack at their own festive collection, just like their spiritual forefathers did. And sometimes, they really bring something special to the party. Live favourite No Chimneys In The Projects sees Jones' charisma and lyrical wit produce a fine Christmas composition of their own, while the self-penned Eight Days Of Hannukah and Big Bulbs burst with horn-fattened grooves.
Elsewhere, though, the experiment can feel a little forced. The jazz-funk reading of Little Drummer Boy never really takes off, and the instrumental sleepwalk through God Rest Ye Merry Gentlemen is pure filler. But maybe we're over-thinking this: the Ike & Tina-style upbeat reading of White Christmas would go down a storm at any festive bash, and you sense that a few drinks in on Christmas Eve, all this will make perfect sense.
Johnny Sharp
Johnny is a regular contributor to Prog and Classic Rock magazines, both online and in print. Johnny is a highly experienced and versatile music writer whose tastes range from prog and hard rock to R'n'B, funk, folk and blues. He has written about music professionally for 30 years, surviving the Britpop wars at the NME in the 90s (under the hard-to-shake teenage nickname Johnny Cigarettes) before branching out to newspapers such as The Guardian and The Independent and magazines such as Uncut, Record Collector and, of course, Prog and Classic Rock.
Kiss' Paul Stanley offers some life goals advice: "If you choose to pursue something that's out of reach, you're an idiot"
"A lesser band might have been humiliated" - the story of the first Kiss show


Fort William has one travel Inn called Premier Inn - the one in Fort William is called Brewers Fayre and is very near the bus and train stations.
There are several Premier Inns in the Highlands, and the one in Fort William, Brewer's Fayre offers good quality and affordable accommodation for you to consider.
Fort William's Premier Inn is easy to find and has lots of private parking. Within walking distance of Fort William's Train Station, Bus Stance and the High Street, Fort William's Premier Inn offers great value for money accommodation with a very comfortable restaurant and bar next door to the accommodation.
We have a children's play area inside and outside.
For good value accommodation and great food - it's an easy choice!


Zapiro (Jonathan Shapiro) a South African cartoonist, began drawing cartoons in the late 1980's for a wide range of political and progressive organizations. He was editorial cartoonist for Sowetan from 1994 - 2005 and appeared in the Cape Argus 1996 -1997. He has been editorial cartoonist for the Mail & Guardian since 1994, the Sunday Times since 1998 and since September 2005 also appears three times a week in Cape Times, The Star, The Mercury and Pretoria News.
During the last months of 2008, the Nelson Mandela Foundation commissioned Trace to develop a solo exhibition of Zapiro's cartoons. The exhibited works spanned the years of Zapiro's cartoons of Mandela, from the first drawing that was on a birthday card for Mandela who was in prison at the time, to the cartoon celebrating Mandela's 90th birthday. The cartoons were exhibited together with many of Zapiro's preliminary sketches and sketchbooks, showing the interesting process which goes into the making of a Zapiro cartoon. The exhibition took visitors on a journey from the early days of South Africa's democracy to the present. It was an entertaining and insightful way to view the history of South Africa's democracy.


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Kyle Hunter Martino (ur. 19 lutego 1981 w Atlancie) – piłkarz amerykański grający podczas kariery na pozycji pomocnika. Obecnie jest komentatorem sportowym.

Kariera klubowa
Karierę piłkarską Kyle Martino rozpoczął w drużynie uniwersyteckiej - Virginia Cavaliers w 1999. W 2001 roku podpisał kontrakt z Project-40 i 2001 roku wziął udział w drafcie Major League Soccer. Z numerem 8. został wybrany przez zespół Columbus Crew. Jako debiutant wystąpił w 22 meczach i strzelił 2 bramki w swoim pierwszym sezonie w MLS. Dzięki temu dostał nagrodę MLS Rookie of the Year Award. W Columbus Martino występował do końca 2005 roku i rozegrał dla tego klubu łącznie 106 spotkania, w których strzelił 10 goli.

W 2006 roku Martino został zawodnikiem Los Angeles Galaxy. W Galaxy grał przez dwa sezony. 19 lutego 2008 Martino ogłosił zakończeniu piłkarskiej kariery z powodu kontuzji.

Kariera reprezentacyjna
Kyle Martino występował w młodzieżowych reprezentacjach Stanów Zjednoczonych na różnych szczeblach wiekowych. W 2001 roku wystąpił na Mistrzostwach Świata U-20.

W dorosłej reprezentacji Stanów Zjednoczonych Martino zadebiutował 17 listopada 2002 roku w towarzyskim meczu z Salwadorem. W 2003 roku wystąpił na Pucharze Konfederacji. Na tym turnieju wystąpił w zremisowanym 0-0 meczu z Kamerunem. Swoją jedyną bramkę zdobył w wygranym 2-0 meczu eliminacji MŚ 2006 z Panamą.

Komentator
Po przedwczesnym zakończeniu kariery Kyle Martino został komentatorem piłkarskim. Obecnie komentuje mecze w stacjach ESPN i ESPN 2 oraz lokalnej WPVI-TV.

Bibliografia

 Profil

Reprezentanci Stanów Zjednoczonych w piłce nożnej
Piłkarze Columbus Crew
Piłkarze Los Angeles Galaxy
Uczestnicy Pucharu Konfederacji w piłce nożnej 2003
Urodzeni w 1981
Ludzie urodzeni w Atlancie

redpajama_set_name: RedPajamaWikipedia


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text:
Pray For My Bank Account Because The Toyota JZX90 Is Now Legal To Import
Raphael Orlove
Filed to: Buy This So I Don't Have ToFiled to: Buy This So I Don't Have To
Buy This So I Don't Have To
Import Cars
Photo: Toyota
For years I have been obsessed with the Toyota Cressida, the easily-forgotten straight six sedan that we got in America up until the early '90s. Did you think the Cressida really went away? Hell no. It packed it up and stuck to Japan, and now all the cool straight six 'Yotas are trickling back into America, finally legal to import.
Indeed, the car that we remember as a Cressida was really only one branch of a family of rear-drive middle-class sedans. Broadly they're all the same, just little variations in trim and body styling, thanks to Toyota's system of multiple dealers. If you can imagine Pontiac, Oldsmobile and Buick all selling kind of the same car in different dealerships, you're sort of on the right track, only these are all Toyotas.
You have the Mark II, the Chaser and the Cresta. Well, now Toyota calls the Mark II the Mark X and, oh, you're already confused. I haven't made this better, have I. This is why Toyota nerds refer to these cars by their internal chassis codes. Our last Cressida was the MX83. The JDM Mark II version of that car was the JZX81 and, more generally, the generation of cars after that with six-cylinder JZ engines were the JZX90 of the early to mid 1990s and then the JZX100 into the early 2000s. (If you're very curious, the current Toyota Mark X is up to 130 in its chassis codes but I'm getting into the weeds here.)
Please Watch This Completely Manic Drifting With A Huge Old Toyota Sedan
Enjoy some of the most aggressive driving you will ever see, particularly in a car intended to…
The only reason I know any of this is in parts of Japan, these JZXs are extremely popular budget drift cars. Toyota's family of JZ engines are remarkably stout, as is the rest of the car. It's a durable, workable platform, and it's easy to find JZX100s for about what we pay here in America for a decent BMW of the same age.
Again, in Japan, a JZX100 is a good cheap drift car buy. But the first JZX100s were made in 1996 and are not yet available to me thanks to America's 25 Year Import Rule. JZX90s, however, started production in 1993, so they will be trickling in all through 2018.
Photo: Japanese Classics
For example: Here's one at Japanese Classics for $14,495. It's a 1993 car with a mere 42,000 miles and a minty body with an interior to match. It's rear-wheel drive and comes with a twin-turbo, 2.5-liter 1JZ-GTE good for a claimed 280 horsepower, or roughly a gazillion if you decide to tune it.
These cars weighed about 3,000 pounds when new, which sounded like a lot at the time but isn't too bad today. A BMW M4 is more than 400 pounds heavier. This particular JZX90 is an automatic, but I assure you it is only a matter of time before we see manual ones clogging up Craigslist.
The JZX90 also has classic 1990s Japanese sedan styling, in that it barely has any and sort of looks like a hardtop. "It's a good car to commit crimes in," my coworker Mike Ballaban notes. "What was that? A....... car?"
Anyway I love it and I wish it was mine and please stop me my god I only have so much money I want to save I want to live.
Help..... Me.........
View on Oppositelock
Cressida Madness
Please Buy This Manual Toyota Cressida So I Don't Have To
The Beast Hoard Of Madness In My Mind Demands A Toyota Cressida
Raphael Orlove is features editor for Jalopnik.
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CRAE monitors and reports on the extent to which children are enjoying their rights in practice, to ensure that the Government is held accountable for its record on children's rights.
We submit reports to international human rights bodies, including the UN Committee on the Rights of the Child, when they are considering how well children's rights are protected in the UK.
In 2016, the UN Committee on the Rights of the Child issued recommendations (known as Concluding Observations) telling the Government how it should improve the protection of children's rights in the UK. Every year, we publish State of Children's Rights in England, a review of the progress made in implementing these recommendations.
It is not just central government which has responsibilities under the UNCRC. Local authorities should also ensure that they comply with children's rights. CRAE also monitors the enjoyment of children's rights at the local level.