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Brief on Proposed Copyright Amendments
related issues: Accessible Information, Copyright
This is a brief concerning the proposed copyright legislation from Heritage Canada and Industry Canada. I am writing as President of the National Federation of the Blind: Advocates for Equality (NFB:AE). The NFB:AE received its Articles of Incorporation from Ottawa in June of 1992. It became a nonprofit charitable society on January 1, 1995. The National Federation of the Blind is not an agency for the blind. We are the blind speaking for ourselves. Our membership is comprised of blind persons and sighted friends and supporters.
The majority of the membership is blind. The Objects of the NFB:AE are as follows:
To serve as a vehicle for self-improvement by the blind and for public education about blindness throughout the Dominion of Canada.
To function as a mechanism through which the blind and interested sighted persons can come together in local, provincial and national meetings to plan and carry out programs to improve the quality of life for the blind.
To provide a means by which blind adults can share their experience and act as mentors for blind children and support parents in their efforts to improve educational opportunities for blind children.
To create a climate through public education to increase opportunities for blind people in employment and social integration.
To take any other action which will improve the overall condition and standard of living of the blind. At this time, there are NFB Chapters in Vancouver, Kelowna, Winnipeg and Toronto.
The leadership on the national and local levels is elected by the membership. At the national level, all the Board Members must be blind. At the local level all Chapter Presidents and Vice Presidents must be blind.
We publish The Canadian Blind Monitor, a magazine which stresses positive attitudes about blindness for blind Canadians and the public at large. For your information, the most recent copy is enclosed. The purpose of this brief is to provide suggested changes to Section 32 of the amendments to the Copyright Act, which were tabled in parliament on April 26, 1996.
In order to ensure equitable access to literary, scientific, artistic, musical and dramatic works for blind persons or other persons with disabilities who cannot read print and must use materials in appropriate alternate formats, the amendments for the first time specifically permit the making of copies in alternate formats without copyright infringement. However, subsection 32.(5) only allows one such copy. Given that most blind persons or persons with disabilities are not in a position to make their own copies and must work with agencies and libraries which produce materials in alternate format for a majority of their reading material, Subsection 32.(5) will in fact prevent equitable access to alternate format works.
In effect, what the Act provides for in law, will deny access to copyrighted printed material to those whose main access to print is through Braille and materials in audio or digital text which is exclusively for use by blind persons or other persons with disabilities.
On April 25, 1996, the Honourable Sheila Copps, Deputy Prime Minister and Minister of Canadian Heritage tabled long-awaited amendments to the Copyright Act in the House of Commons. According to press releases distributed at the time, the amendments include " . . . exceptions from copyright laws for . . . people with perceptual disabilities." We understand that the term "perceptual disability" is defined in the proposed amendments to the Copyright Act as follows:
"perceptual disability" means a disability that prevents or inhibits a person from reading a literary, musical or dramatic work in its original format, and includes such a disability resulting from
severe or total impairment of sight or the inability to focus or move one's eyes
the inability to hold or manipulate a book, or
an impairment relating to comprehension.
Parenthetically, the National Federation of the Blind: Advocates for Equality deplores the avoidance of the term "blind" in government correspondence, publications and legislation. We suggest that the proposed term "people with perceptual disabilities" be changed to "blind persons and persons with disabilities".
Our position supports Resolution 93-01 which was passed by the National Federation of the Blind in the United States. This Resolution is enclosed for your information. The Resolution states that "We believe that it is respectable to be blind, and although we have no particular pride in the fact of our blindness, neither do we have any shame in it. To the extent that euphemisms are used to convey any other concept or image, we deplore such use. We can make our own way in the world on equal terms with others, and we intend to do it." Because blindness is a print handicap and alternate formats to print are preponderantly used by the blind, we feel that it is important that the legislation recognize this fact in its usage of the term "blind" to represent the class of people which is most likely to be affected by Section 32 of the legislation.
The tabling of this legislation is the culmination of a consultation process that has lasted over 15 years. The Canadian National Institute for the Blind (CNIB), through the CNIB Library for the Blind and Government Relations Department, has participated in this process in order to ensure that the legislation meet the needs of blind persons and all other Canadians who cannot read print, and who must therefore read material in alternate formats. Alternate format means Braille, audio or digital text which is exclusively for use by blind persons or persons with disabilities. We understand that the intent of the CNIB has been, as it has been the stated intent of the government, to ensure that the legislation provide equitable access to literary, scientific, musical or dramatic materials for those who depend on alternate formats (such as Braille and materials in audio or digital text) for culture, education, and life-long learning. On May 5, 1996, we were told by Dr. Euclid Herie, the Chief Executive Officer of the CNIB, that as recently as one month before the legislative tabling of the amendments, the CNIB received assurances from both government officials and political staff that the specific exemptions requested were in the proposed legislation, and that there was no reason to believe that this situation would change.
Under Section 32 the proposed amendments for the first time do indeed specifically permit the making of reproductions in alternate formats without copyright infringement in order to meet the needs of persons with perceptual disabilities. Yet, even there, there is no reference to digital text, which is an important method of transmitting newspapers in synthesized speech by telephone. Our assumption is that blind Canadians would be prepared to buy books in digital texts that have been formatted appropriately for speech synthesizers, refreshable Braille displays and Braille printers. However, at the moment, Canadian publishers do not sell and have no intention of selling books in digital text which is formatted appropriately. Appropriate formatting of digital text means tagging major headings, subheadings and sub-sub headings in such a way that the blind person can find the structural breaks in the text, using programs that drive speech synthesizers, refreshable Braille displays and Braille printers. Programs that convert print to Braille using digital text must take into account the fact that Braille is contracted.
Thus, there is not a one-to-one correspondence between print letters and Braille letters. The average publisher is not in a position to deal with the specialized programming involved in dealing with the exigencies of the contracted grade two Braille code. Appropriately formatted books in electronic text are now available for sale from Recording for the Blind and Dyslexics, an agency which is headquartered in Princeton, New Jersey. Recording for the Blind and Dyslexics and any other agency for the blind which formats digital text especially for the blind, should not have to pay copyright fees because the authors and publishers do not make any financial contribution for the alternate formatting of this digital text.
The same standard applies for the provision of newspapers for the blind with digital text through speech synthesis. A service called "Newsline for the Blind" which is available from the National Federation of the Blind in the United States is a unique service of this type. We would like Canadian newspapers to be available to blind people in Canada through digital text without the imposition of copyright royalties to the service provider in Canada. The National Federation of the Blind: Advocates for Equality intends to provide this service in Canada. A description of the Newsline program provided by the NFB in the US is enclosed.
Some of the changes to the legislation mark significant progress in providing equitable access to information for those who cannot read print. However, Subsection 32.(5) of the Act only allows a person to produce a single copy of a literary, scientific, musical or dramatic work without copyright infringement.
Subsection 32.(5) will prevent a charitable organization such as the NFB:AE or the CNIB, which are persons under the terms of the Act, from producing, distributing, and circulating alternate format copies for individual blind persons or persons with disabilities who, though they technically benefit from the legal exception provided by the amendments, do not in most cases have the means, the time nor the technology to make a copy themselves. In effect, what the Act provides for in law, will deny access to copyrighted printed material to those whose main access to print is through Braille and materials in audio or digital text.
We see no purpose in restricting the exception provided by Section 32 to the making of a single copy of a work, given that: Agencies and libraries which produce materials in alternate formats for blind persons and persons with disabilities do not propose to compete with publishers and other copyright owners, but to serve a market which is not commercially served and which cannot easily read works in any other way. In any case, the amendments restrict the production of alternate format copies when a commercial product is available in a format that would accommodate the needs of blind persons or persons with disabilities. People who are not blind or disabled have no incentive to obtain books in alternate formats, and would prefer to read print versions.
In operating as lending libraries, agencies and libraries which produce materials in alternate formats for blind persons and persons with disabilities operate substantially like any other public library. In fact, at the present time, they collectively purchase and, thereby, pay copyright on more print copies of works than the average Canadian public library. In a sophisticated recording lending library for the blind, two texts must be purchased for the original recording of one.
One text is used for the reader making the recording and the other text is used for the monitoring of the reader making the recording, to minimize the possibilities of text errors on tape.
Therefore, to have a text recorded, a blind person or an agency will have paid a copyright fee on two texts. It is unfair to ask the agency or the blind person to pay an additional copyright fee for each recorded text, given that the publishers and the authors are not involved in the production of the audio text for the blind. Agencies for the blind can ensure that the audio text is used solely for the blind and other persons with disabilities by recording the material on four-track cassettes at a slower than normal speed (15/16 inches per second). Using these recording modifications, the recorded material can only be played on special machines adapted for the purpose, not generally sold to the public.
The availability of these recordings to blind persons and other persons with disabilities does not constitute a significant decrease in profit for Canadian publishers and Canadian authors. However, the availability of these recordings does constitute a significant advantage to blind persons and other persons with disabilities in terms of their access to print materials, at no cost to the publishers and no cost to the authors.
Payment of a per copy royalty over and above the first copy made forces the establishment of administrative and auditing mechanisms which will not be cost effective. It also opens the door to ongoing representation before the Copyright Board; and is inconsistent with sections of the Act which specifically permit individuals to make and authorize the making of copies of works under the fair dealing exception for purposes of research and private study.
A consentual approach to resolving these issues has been adopted in the United States. Specific language has been proposed to Congress by the American Association of Publishers and the National Federation of the Blind which represents over 50,000 members of the organized blind in the United States. This language has been published in the April 1996 Braille Monitor (copy enclosed), an official publication of the National Federation of the Blind. The National Federation of the Blind: Advocates for Equality which represents the organized blind in Canada and whose leadership is elected by the blind at the local and national levels, also supports this approach and the ideas in the proposed language to Congress. The CNIB, the largest agency serving the blind in Canada also endorses this consentual approach. In its discussions with groups representing both the creators and producers of the works under consideration, we are told that the CNIB has been led to believe that they would not oppose the elimination of the single copy restriction in Section 32.
In order to ensure that the Act provides equitable access without copyright infringement to copies of literary, scientific, artistic, musical or dramatic works for blind persons or persons with disabilities who cannot read print; and to ensure that the Act meets the intent of the government, we propose the following modified version of Section 32. Proposed Levy on Recordable, Blank Audio Media
According to a News Release from the Government of Canada dated April 25, 1996, a levy on recordable, blank audio media such as cassettes and tapes,, is proposed. The purpose of this levy is to remunerate creators for private copying of their musical works. While the NFB:AE supports the idea of remunerating creators for private copying of their musical works, it does not support the proposed levy on all manner of cassettes because blind people use cassettes for the purposes of reading and writing, to a very large extent. While the proportions of people who copy artistic works are probably comparable in the blind and sighted populations, it is certainly true that the proportion of blind people who use cassettes for storing and disseminating information is much larger in the blind population than in the sighted population. Typically, blind people do not purchase cassettes at agencies for the blind. They buy cassettes where cassettes are normally purchased by the sighted.
Using cassettes to take and disseminate notes already costs blind people much more than pen and paper does for the equivalent purpose for the sighted. Adding an extra tax on cassettes may benefit the composers of Canada, but over the long run, it adds a financial burden to the blind. At a 90 percent unemployment rate of the blind in this country, blind people cannot afford an extra tax involving simple activities of daily living such as reading and writing.
This tax would particularly affect the members of our population who have the least amount of money, seniors and students. Seniors depend on cassettes because, by and large, they are not taught Braille. Even the simple act of taking down telephone messages involves the medium of cassettes, for a large majority of blind seniors. Students depend heavily on cassettes for recording books which are not already available in Braille, on cassette or in digital text formats. For the blind, cassettes are as essential for daily living as the paper and pencil, the book, the magazine and the newspaper are for the sighted. For the blind, an additional tax on cassettes is like an additional tax on tapwater. Cassettes are that vital for the blind. Requiring the blind to purchase cassettes at agencies for the blind in order to avoid the levy, will necessitate that blind people frequent agencies for the blind on a regular basis. For most blind people, once training and rehabilitation is accomplished, the visit to an agency for the blind is a rare occurrence. Further, agencies for the blind have enough to do and enough to pay for as it is. Imposing an extra bureaucracy to deal with the levy on cassettes adds to the costs for the agency. There is no doubt that this cost will be passed on to the blind consumer.
We, in the National Federation of the Blind, do hope that the Government of Canada will take into account the way most blind people run their daily lives. We are against an imposition of an extra levy on cassettes. We propose that the levy be restricted to higher grade cassettes which are used for the purposes of recording music.
Recommended Changes
Blind Persons and Other Persons With Disabilities Reproduction in alternate format.
1. It is not an infringement of copyright to copy material in Braille, audio or digital text which is exclusively for use by blind persons or persons with disabilities including literary, scientific, artistic, musical or dramatic works, other than cinematographic work. Limitation.
2. Subsection (1) does not authorize the making of a large print book.
3. Subsection (1) does not apply where a copy or sound recording of the work is commercially available in a format that would accommodate the needs of blind persons or persons with disabilities.
Destruction of intermediate copies.
4. If a person must make an intermediate copy in order to make a copy or sound recording under subsection (1), the person must destroy the intermediate copy as soon as it is no longer needed.
Royalties, etc.
5. (Deleted: It is not an infringement of copyright for a person to make more than one copy or sound recording under Subsection (1) if the person has paid the royalties and complied with any terms and conditions fixed under this Act.)
Use of copies.
6. No person who makes a copy in Braille, audio or digital text under Subsection (1) may, without the express consent of the owner of the copyright, use copies of the Braille, audio or digital text for any purpose other than for which the making of the copies was authorized by this section.


Sony has released a surprise firmware update for the PS4 today. This new system software update is for firmware 4.74. The changelog for this update is another generic changelog with improvements mentioned to just the system performance.
The size of this firmware update is around 324 MB and it should go live in most regions as the server updates.
Sony is currently performing a closed beta test of the next major PS4 firmware update. This upcoming update is only available to those who have registered for the beta. It is possible that this new mandatory PS4 firmware update is released ahead of the public launch of the 5.00 firmware update.


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United Legend: "Everyone Jumps On The Bandwagon."
Date: 13th September 2012 at 12:35pm
One of these players has the full support of his fans
Ex- Manchester United defender Arthur Albiston has given his support to Patrice Evra after the French international has suffered almost non-stop criticism from many quarters over the past few years.
Albiston who played almost 500 games for the Reds in a nine-year career says the stick Evra has been getting is uncalled for and has backed United's vice-captain to prove his doubters wrong and play a major part in United's side this season.
Speaking to the Manchester Evening News, Albiston noted:
"Patrice has had a lot to deal with over the last couple of years and I think that has had an effect on his form, but he has the experience to handle the criticism and bounce back.
"He was at the centre of the problems in the France camp at the World Cup in 2010 when he was captain of his country. There was a mutiny and a big backlash in the country when they came home under a cloud.
"It wasn't a healthy situation and Patrice was a big part of that. It can't help.
"Last season there was the unfortunate Luis Suarez affair. Evra was impeccable with the way he dealt with that. Then, just when you thought it was over and done with, there was the non-handshake at Old Trafford from the Liverpool striker.
"The whole episode had dragged on and I think no matter how much you try to shut it out on the pitch, I think it does have an impact.
"I think there has been a hangover from both of those episodes and you have to admit his form has suffered."
"Patrice's age isn't a problem. He's a fit lad and hasn't got an ounce of fat on him,"said Albiston.
"He is a very athletic guy and I don't see any signs of that being a problem.
"He's still fast enough to get beaten but to then catch up an opponent and recover.
"His pace over those 10-15 yards hasn't deteriorated at all.
"Patrice has set very high standards and in some ways he is a player who you take for granted because he is always there, always available and always consistent.
"So when that form does dip slightly everyone jumps on the bandwagon and says it's not like him. You just don't expect it so it hits a bit harder. They look for reasons and think he's on the slide.
"But he can attain the heights again that he's reached in the past, I have no doubts about that."
"Evra has always had competition because Fabio was there before he went to QPR on loan and Jonny Evans can play there.
"I don't think there has been a lack of a challenger. But if having a new face come in does pep you up then all well and good.
"No matter how great a servant Patrice has been, everyone knows Sir Alex Ferguson doesn't pick his team on sentiment. He may well have made the position his own but if his form doesn't return then there is a chance Buttner could get a go.
"But I still think the new guy will have to be very patient because, even though it still hasn't been a great start to the season by Patrice, I think he will find his level again."
It still amazes me that so many United fans seem to think Evra is 'past it' or the reason for our woes, you only have to look online during or after any game to see the vitriolic nonsense aimed at the left back.
Take the Suarez affair as an example, while Liverpool fans rallied round their striker – somewhat misguidedly- many Reds simply shrugged off the toll it must've taken on Evra instead preferring to question his ability. Imagine being racially abused at work, then having people doubting whether you're telling the truth and still be expected to do your job? Evra deserves praise for the dignity he showed and the fact he was willing- as always- to do his job on the pitch.
Sir Alex said of Evra only last month:
"Nobody has played more games than Evra over the last five years. He has played with injuries — he has guts.
"He has been up and down that touchline for five years. It's 240 games he has played. Patrice has been an absolute soldier."
The arrival of Alexander Buttner has already seen many fans claiming a player they'd never heard of a few weeks ago, is somehow the man to replace one of the best left backs in the country. Albiston summed it up himself when he added:
"Buttner is for the future and Patrice is still the man for the present."
A sentiment I wholly believe in.
Am I wrong? Is Buttner the man to replace Pat now rather than later? Is Evra still mint? Answers below in a cordial fashion please ladies and gentlemen:
Follow me on twitter for my more Red views @RFFH

redpajama_set_name: RedPajamaCommonCrawl


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Whitney Port Admits to Using and Breaking Selfie Stick, Is Slightly Ashamed
By Sarah Sahim Nov 15, 2015, 11:57am EST
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Rachel Murray/Getty Images
Whitney Port, star of reality television show so dearly loved, The Hills, and holder of internships literally everywhere, recently got married to some guy who was on a spinoff show of The Hills called The City. His name is not even listed on her Wikipedia page. Who is this man? What does he do? What is his favorite cheese? For someone who historically shared a lot of aspects of her life, she's not disclosing very much about her now husband. It's probably better that way, for privacy's sake.
As newlyweds tend to do, the couple went on Honeymoon in Fiji and enjoyed it to the full. Port posted several pictures to Instagram to prove that she actually was on vacation and not involved in a super secret space program. In one post, she took a partial selfie on the beach and said "Yes, we brought a selfie stick (it was a gift) and yes, I broke it on the first day. But nothing's gonna ruin our time!" Get yourself[ie stick] together!
Yes, we brought a selfie stick (it was a gift) and yes, I broke it on the first day. But nothing's gonna ruin our time! @eahoneymoons @thevenuereport @royaldavuifiji
A photo posted by Whitney Port (@whitneyeveport) on Nov 13, 2015 at 11:49pm PST


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One Long Extravaganza
Gotham Ramblers
January 20, 2020 in Dance // Grand Swan Lake (Shanghai Ballet)
January 20, 2020 in Cabaret // Me & Mr. Jones: My Intimate Relationship with David Bowie
January 18, 2020 in Off-Broadway // Miss America's Ugly Daughter: Bess Myerson & Me
January 15, 2020 in Off-Broadway // Maz and Bricks
January 14, 2020 in Dance // Rosie Herrera Dance Theatre/ Rennie Harris Puremovement American Street Dance Theater
January 14, 2020 in Off-Broadway // Love, Medea
January 14, 2020 in Dance // The Unknown Dancer in the Neighborhood
January 12, 2020 in Features // In Praise of Frances Sternhagen on her 90th Birthday
January 10, 2020 in Columns // ON THE PASSING OF THE NEW YORK MUSICAL FESTIVAL…
January 8, 2020 in Off-Broadway // Wild Dogs Under My Skirt
January 8, 2020 in Off-Broadway // Or, An Astronaut Play
January 3, 2020 in Columns // On The Town … with Chip Deffaa: Jerry Herman and Michael Feinstein
January 1, 2020 in Columns // DAVID CASSIDY… BEHIND THE SCENES
December 31, 2019 in Music // The Mikado or, The Town of Titipu (NYGASP)
December 29, 2019 in Off-Broadway // London Assurance
Home » Musicals » Broadway
Jagged Little Pill
Given the personal nature of Morissette's artistic output, it might be surprising to learn that the Broadway version of Jagged Little Pill doesn't take the easy biographical route for its book, mimicking, say, the mega-popular "Beautiful: The Carole King Musical," whose subtitle pretty much says it all. Instead, Morissette's album (Glen Ballard co-wrote the music) and a few of her other songs support an entirely original story from theater-novice Diablo Cody, whose Oscar-winning screenplay for "Juno" was funny, affecting, and decidedly superficial. This same descriptive mixed bag also holds true for Jagged Little Pill, which rises above typical jukebox musical fare, but not as much as it could have, largely because Cody is interested in hot-button issues, not characters. [more]
Tina – The Tina Turner Musical
Do we really need another Jukebox Musical on Broadway—another hum-along, sing-along, déjà vu, vaguely autobiographical songfest? When the subject is as charged up as Tina Turner, the answer is yes—a conditional yes, but….yes, especially when the title character is embodied by the sensational Adrienne Warren who gained accolades for her rendition of Tina in the original London production and is one of the main reasons Tina gained the momentum to make the jump to Broadway. [more]
The Lightning Thief – The Percy Jackson Musical on Broadway
"The Lightning Thief - The Percy Jackson Musical" settles down a bit more in the second act and becomes more engrossing but the damage has been done. The actors in the first act all seem to be racing for a train and the sound levels continue to damage many of the songs throughout the show. The show remains an excellent introduction to Greek mythology made relevant for our own time. Faithful to the source material, it may please both teens who have read the book and those who have not. The five of the seven-member cast playing 28 roles demonstrates their versatility as they change from one colorful three-dimensional character to another. If only the director and the production had trusted the original show and did not feel it necessary to make it bigger and better for Broadway, a common complaint when shows make the move from their smaller Off Broadway venues. [more]
As the romantic, tubercular and charismatic Satine, the magnetic Ms. Olivo delivers a ferocious, sensual and grandiose performance that's one of the most memorable recently seen on Broadway. Her sensational characterization is more Eartha Kitt than Nicole Kidman and all her own. Clad in slinky costumes, the voluptuous Olivo perpetually dazzles. Her titanic singing and dancing is matched by her intense acting which grounds the busy production with riveting focus. Her "Diamonds are Forever" is spellbinding and there's saucy humor when it's followed by "Diamonds are a Girl's Best Friend," "Material Girl" and "Single Ladies." [more]
Not all cult movies need to be made into musicals, particularly those that are dependent on special effects which the cinema does better than the stage. This is demonstrated by the new Broadway musical based on "Beetlejuice," the Tim Burton horror-comedy-fantasy. This theme park-type show is visually a spectacle with a set that does all sort of tricks and changes, but as the adage goes, you can't go home singing the scenery. And the score by Australian composer/performer Eddie Perfect (whose only other American score has been "King Kong the Musical") is eminently forgettable. In the title role, Alex Brightman, who was charismatic in a similar role in "The School of Rock," is so over-the top that he becomes tiresome very quickly. To paraphrase Mae West, too much of a good thing is not wonderful. [more]
Michael Dorsey/Dorothy Michaels still has most of his/her friends and professional acquaintances from the movie version with some new twists: Jeff Slater, his playwright roommate (a wonderfully sardonic Andy Grotelueschen) having difficulty setting words to paper; former girlfriend, hyper-paranoid unemployed actress Sandy Lester (Sarah Stiles, doing mega-ditzy with all pistons firing); leading lady Julie Nichols (Lilli Cooper, lovely, good voice, but not as romantically vivid as she should be); clueless show director Ron Carlisle who's not quite as sexist as in the film; and, finally, lascivious actor Max Van Horn (John Behlmann, who nearly steals the show with his brilliantly acrobatic machinations), now a dull-witted, malaprop-spouter who falls hard for the older Dorothy. [more]
The dazzling Broadway production of Anais Mitchell's musical "Hadestown" proves director/developer Rachel Chavkin to be a creative genius. If you had not known it after she fitted her theater-in-the round production of "Natasha and Pierre and the Comet of 1812" into a Broadway theater, it is even more obvious now. This time she has turned her 2016 New York Theatre Workshop staging in the round into a production suitable for Broadway's Walter Kerr Theatre with its proscenium stage without losing the sense that the musical takes place in many different places. Along with gripping choreography and movement from David Neumann and an onstage jazz band of six, the show simply takes your breath away, telling the joint stories of Orpheus and Eurydice, and Hades and Persephone. [more]
Be More Chill on Broadway
"Be More Chill," the dazzling and inventive musical based on the cult Young Adult novel by Ned Vizzini, has made a successful transfer to Broadway Lyceum Theater with the same cast and an expanded production team after a tryout production at Two Rivers Theater in Red Bank, New Jersey in 2014, and a YouTube soundtrack that has had over 150,000,000 hits which led to an Off Broadway production at the Pershing Square Signature Theatre Center during the summer of 2018. If memory serves after ten months, in some ways the show is strong and in other ways weaker. Bobby Frederick Tilley II's costumes are more colorful, while Charlie Rosen's orchestrations seem to be less so. On the plus side the performances of Will Roland as Jeremy, Jason Tam as the Squip, Tiffany Mann as Jenna and Lauren Marcus as Brooke have deepened. The show seems less comfortable at the Lyceum Theatre than it was at the Irene Diamond Stage but a good many more fans can now get to see the show at each performance. [more]
Like John Doyle's reconceived musical revivals ("Allegro," "Passion," "Pacific Overtures," "Carmen Jones," "The Cradle Will Rock"), Fish's production is minimalist but with a difference. While Doyle strips away the trappings both of sets and costumes and offers nothing in their place, Fish has turned his "Oklahoma!" into environmental and communal theater. When the audience enters the Circle in the Square, they are confronted with set designer Laura Jellinek's giant dance hall with long tables around the perimeter with red crock pots on the center of each. The plywood walls of the theater are covered with rifles, the kind used by real cowboys on the range. The bluegrass band is located in a pit off center, at one end of the circular stage. Some lucky audience members sit at the first row of tables with a ringside view. Scott Zielinski's lighting is kept on for most of the show so not only does every member of the audience see every other one but it is as though we are part of the show, not just audience members. This communal feeling is continued during the intermission when the audience is invited onto the stage to taste corn bread (that we watched Aunt Eller and Laurey preparing in the opening scene) and chili. [more]
Ain't Too Proud: The Life and Times of The Temptations
"Ain't Too Proud to Beg," "Get Ready," "The Way You Do the Things You Do," "Since I Lost My Baby," "You're My Everything" and of course "Papa Was a Rollin' Stone" are among the show's more than 30 numbers. Besides those by The Temptations, there's a choice selection of songs by their contemporaries such as The Supremes. All of them are rousingly performed by the orchestra and the company under the direction of conductor Kenny Seymour. [more]
While many of the greats have tackled Kate over the years ever since it premiered in 1948, O'Hara brings a subdued charm to the usually more boisterous part of Lilli, even if she is positively beaming when she first arrives on stage. The first was Patricia Morison, and the most recent on Broadway--before O'Hara--was the late Marin Mazzie, who received a Tony Award for the 1999 revival, as did the revival itself. And then there was Kathryn Grayson in the 1953 film version. [more]
"The Prom" is giving Broadway something it's been lacking for years, which is a high-spirited, old-fashioned musical comedy, where the cast's energy spills out over the footlights, and is then reflected in all the smiling faces you encounter as you leave the theater. It's the equivalent of a standing ovation that moves out into the streets. [more]
The Cher Show
Elice is no stranger to biographical musicals. His "Jersey Boys" is still running off-Broadway. Here he was inspired to divide the eponymous character into three personalities: the Star (the sensational, charismatic Stephanie J. Block), the current, living legend; the Lady (Teal Wicks, fascinating in this bridge role), the mid-career Cher; and the Babe (Micaela Diamond in a gutsy, eager performance) the young Cher just discovering herself guided by her Svengali, Sonny Bono (Jarrod Spector, not a physical match to Bono, but a fine singer and actor). [more]
Ruben & Clay's Christmas Show
Except for "Santa Baby" and "The Little Drummer Boy," virtually every Christmas song in existence is wonderfully performed during the pleasant holiday extravaganza, Ruben & Clay's Christmas Show (aka Ruben & Clay's First Annual Christmas Carol Family Fun Pageant Spectacular Reunion Show). Even the now controversial "Baby, It's Cold Outside" is heard though revised lyrics. [more]
Designed by Johnny Tilders, the puppet Kong is phenomenal, a 20-foot tall, 2,000 pound marionette operated by the ten-person King's Company, members of the cast assigned to operating the arms, legs and body of Kong, with the facial expressions controlled by exacting machinery that endows this artificial creation with real emotions. The roaring and other vocalizations are amplifications of the offstage voice of Jon Hoche. The results are not just fascinating, but eminently entertaining and even moving. [more]
Pretty Woman: The Musical
With Tony nominations for "Rocky," "On the Twentieth Century" and "Groundhog Day," 44-year-old Andy Karl's charisma and considerable talents have been well demonstrated. In "Pretty Woman: The Musical" as the aloof Edward, Mr. Karl exhibits what magnetism he can in this detached role while being saddled with some dreary songs. Karl and Ms. Banks admirably soldier on together in a losing battle. [more]
Gettin' the Band Back Together
If the show plays like it was written by a committee, in fact, it has been. The book is by producer/ writer Ken Davenport and The Grundleshotz who turn out to be a group of performers and writers who originally workshopped the show in a series of improvised rehearsals. For the record, they are Sebastian Arcelus, Fred Berman, Michael Hirstreet, Jenna Coker Jones, Craig Jorczak, Nathan Kaufman, Emily McNamara, Jennifer Miller, Bhavesh Patel, Sarah Saltzberg (who is credited with additional material), Michael Tester, as well as Jay Kaitz who plays the second male lead in the show, Bart Vickers as though he were auditioning for Dewey, the laid-back music teacher in "School of Rock." [more]
Under Michael Mayer's fast-paced direction, "Head Over Heels" starts badly and busily but eventually slows down to a delightful Elizabethan parody on love and gender. While not all of The Go-Go's songs are suitable for the storyline and the period, enough of them fit perfectly to make this a superior light entertainment. The cast is first rate and may make stars of the ingenious Andrew Durand and the classy and stylish Peppermint. Aside from introducing The Go-Go's song catalog to Broadway, "Head Over Heels" covers a great many firsts of all kinds. [more]
My Fair Lady (Lincoln Center Theater)
With an enormous painted backdrop depicting London and featuring St. Paul's Cathedral and a lamppost (the glorious sets have been designed by Michael Yeargan), the musical begins as Covent Garden pivots into view on a revolving stage. Though, from the moment that we see him in the opening scene, Hadden-Paton seems too young as Higgins in comparison to Rex Harrison, who originated the part, he is actually closer in age to Shaw's intentions. He also sings more melodically than Harrison, who famously song-spoke his way through the role. Though Ambrose's voice seems weak at first ("Wouldn't It Be Loverly?"), it gains in strength and stature as she proceeds. [more]
Summer: The Donna Summer Musical
Mr. McAnuff who worked wonders with his direction of "Jersey Boys" here offers a chilly vision that evokes a sterile landscape replicating a heavenly waiting room in connection with Robert Brill's austere scenic design. The décor is an all-white barren universe with trap doors, platforms and floating panels on which so-so illustrative images by projection designer Sean Nieuwenhuis are shown as well as functional furniture tossed in. The opening image is of an old record player rising from the floor. McAnuff's presentation is of calculated professionalism absent of spontaneity or joy. [more]
Fey has made two successful changes to theatricalize her original screenplay. The story is now cast as a flashback narrated by best friends Goth Janis (Barrett Wilbert Weed) and Damian (Grey Henson), described as "almost too gay to function," to the new freshman class as a cautionary tale as to "how far you would go to be popular and hot." She has also updated the story to include smartphones, selfies, and reference to current events (the Russians and President Trump's twitter account.) [more]
If it seemed like no staging could ever top London's National Theatre production (which was directed by Nicholas Hytner and came to Lincoln Center in the mid 1990's), this newer version epitomizes the notorious relationship between anticipation and realization. Though the advance word during the extensive preview period was rather negative, Jack O'Brien's "Carousel" proves up there with the best. [more]
Disney Theatrical Productions' long anticipated stage version of the beloved animated film "Frozen" has arrived on Broadway in a lavish and faithful version of the screenplay by Jennifer Lee who also wrote the book of the new stage show. The Kristen Anderson-Lopez and Robert Lopez score from the movie (including the Academy Award-winning anthem, "Let It Go") is intact with the addition of 12 new numbers. The hard-working cast is headed by the commanding Caissie Levy as Princess Elsa and charming Patti Murin as her younger sister, Princess Anna. The real question has been how the musical would put the frozen world of the North on stage. Visually the show is attractive rather than breathtaking, with Christopher Oram's wing and drop sets resembling those for the ballet rather than a musical. They are eye-filling, but not awe-inspiring. His costumes seem to be conventional 19th century Scandinavian garb. Ironically, the show is stolen by Greg Hildreth as Olaf, the snowman, and Andrew Pirozzi as Sven, the reindeer. [more]
The ups and downs of the road to true romance provide the show with its ties to the Buffett songs. Tully opens the show with "Somethin' 'Bout a Boat," to show his romantic nature and "It's Five O'Clock Somewhere" to reveal his easygoing philosophy of life. Similarly, Rachel offers her story in "It's My Job," and romance blossoms when she sings "Three Chords" (the new Jimmy Buffet song) with Tully as he teaches her to play the guitar. Tammy begins to fall for Brick with their sardonic "We Are the People Our Parents Warned Us About" and cements their love with "Come Monday." Of course, there is the title song "Margaritaville," Buffett's biggest hit. The songs are written in various styles ranging from pop to calypso to reggae and are meant to incite the audience to sing along which they are sometimes actually prompted to do. [more]
Rocktopia
Eleanor Roosevelt gets the biggest round of applause during the projected cultural icons slideshow as Queen's "We Are The Champions" is histrionically performed in "Rocktopia." It's a hokey musical extravaganza that mashes together classical, rock and opera. Singalongs, coerced clapping, dancing in the seats and standing ovations abound. The cheerfully innocuous entertainment level is comparable to that of a bland PBS pledge break concert. [more]
Yazbek's songs—ranging from the darkly comic "Welcome to Nowhere" (sung by the town folk) to Dina's romantically tinged "Omar Sharif" and ending with the upbeat, danceable "Concert" played as a finale by the Band—rise magically from the dialogue, just as Patrick McCollum's choreography emerges naturally from walking, singing and thinking. [more]
SpongeBob SquarePants, The Broadway Musical
Decked out in nerdy regalia of a yellow shirt, red tie and plaid pants with suspenders, Ethan Slater is terrific as SpongeBob. The immensely personable Mr. Slater wonderfully sings, dances and acts with the force of a Broadway titan such as Robert Morse in "How to Succeed in Business Without Really Trying." Using whiny vocal inflections and animated facial expressions, Slater perfectly replicates the essence of the television character. [more]
Director Arden, a 2005 Juilliard graduate, has impressed with his reinvention of the 2015 Forest of Arden/ Deaf West Theatre revival of "Spring Awakening" for which he was nominated for a Tony Award. Among his clever additions to "Once on This Island" are the use of a chorus of eight to play the Storytellers who relate the tale through Ahrens' book and lyrics, a new sonic palette for Flaherty's calypso-tinged score with musical instruments made from found objects, and a set which puts us on the shores of the very island where the story takes place with the audience sitting on all four sides of this newly created beach. His young lovers Ti Moune and Daniel seem a good deal younger than before, making the story that much more romantic and ultimately more tragic. [more]
"American Idol" winner Candice Glover, "The Voice"'s Josh Kaufman, "America's Got Talent"'s Bianca Ryan and the attractive, married couple Peter Hollens and Evynne Hollens, who are popular on YouTube, comprise the youthful cast. They all bulldoze their way through more then 20 classics. The vocal grandstanding is matched with overly expressive gestures and grimaces that invariably crush the meanings of the songs. [more]
All the actors in the band play their instruments with panache and perfect period style, including Cott whose piano doodling is terrific. James Nathan Hopkins plays the cute, upbeat saxophonist, Jimmy Campbell; Brandon J. Ellis, the joking teddy bear of a guy, Davy Zlatic, the bassist; Alex Bender, the intensely dramatic trumpeter, Wayne Wright; Geoff Packard, the germ phobic trombonist, Wayne Wright; and Joe Carroll as Johnny Simpson, the percussionist who survived a scary accident during the War. [more]
Mr. Karl gives a captivating performance that's a whirlwind of energy, charisma and exceptional singing and dancing. It's a commanding star turn that cannot quite compensate for the show's hollowness. When getting dressed in the mornings, Karl's leg brace was visible at the performance attended. This was the result of an injury that he had on April 14, 2017, while performing, near the end of the show. [more]
But the Broadway version of Charlie doesn't really come alive until we're introduced to Augustus Gloop (F. Michael Hayne), the fat little German boy who finds the first of the five gold tickets, and whose mother (Kathy Fitzgerald) sings along with him--as wurst links burst forth from his pockets, and the almost always, lively choreography by Joshua Bergasse, suddenly features clogging steps, with dirndls and lederhosen. [more]
Written by the same team that created the musical version of "Grey Gardens" (Doug Wright, book, Scott Frankel, music, and Michael Korie, lyrics) which gave Ebersole the two best roles of her career, the new show is absorbing, elegant and urbane hewing closely to the facts while at times compressing time and offering a few composite characters. Suggested by the joint biography "War Paint" by Lindy Woodhead and the documentary film, "The Powder and the Glory," the musical tells the parallel stories of the rivalry and careers of these two remarkable women from the 1935 to 1964. As they are never reported to have met, Wright's book for the musical either alternates their lives or uses a split stage effect to show us both at the same time in their own milieu. Occasionally, they lunch at the St. Regis at the same time but avoid meeting each other seated on their own banquettes. [more]
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Sub: SCERT, AP, Hyderabad – School Education Department – Conducting Common Summative – III Examination - From class VI to X in all the Govt. schools in the State of Andhra Pradesh – Valuation of Answer Scripts and Verification – uploading of marks of students onto the CSE websiste-certain guidelines-issued - Reg.
2) Govt. Memo.No. 124632/Prog-II/A1/2016, dated: 13.01.2016.
4) From the Commissioner of School Education, A.P. Hyderabad, Lr.Rc.No.302/A&I/ 2015, dated 26.02.2016.
5) G.O.Ms.No. 20, School Edn. (Prog. II), Dept, dated 28-3-2016.
No Comment to " Rc.No.3,Dt.06.05.2016 - Guidelines for Uploading Summative -III Marks "


Do you want to cook like Michael Chiarello and Emeril Lagasse? These chefs, among others have found that Rosemary Skewers not only infuse a subtle flavor to your kabobs but they also create an attractive presentation of the dish. They are a great substitution for the plain bamboo skewers we have been using. Available in your grocery store this product will add wonderful flavor to your grilling. If you don't see them in your grocery, ask for them.
The skewers come prepackaged and cut to the appropriate length. You just remove the lower rosemary leaves, leaving about one to two inches at the top and reserving the remaining leaves for another dish. Add the meat, vegetables, cheese or whatever you like to the kabob, marinate and grill.
Try Rosemary Skewers with your next summer barbeque and create a dish that will be unforgettable.
This entry was posted in Fresh From the Farm, LFS News and tagged grilling, kabobs, Rosemary, Skewers. Bookmark the permalink.


text:
Enact (SME)
DEWSBURY ROBOTICS SPECIALIST SEWTEC ACHIEVES RECORD £25m ORDER BOOK, DRIVEN BY BUSINESS TRANSFORMATION ONE YEAR AFTER MBO
Robotics specialist Sewtec has secured a record £25m order book, driven by a wider transformational change in the business following a successful management buyout (MBO) one year ago.
The Dewsbury-based high technology company designs and manufactures factory automation systems for the food, pharmaceutical, personal care and tobacco industries. Its clients include Nestlé, Unilever Johnson & Johnson and Procter & Gamble, with more than 85 per cent of its sales being exports.
Sewtec's £25m order book is the largest the company has achieved since it was founded in 1982 and includes major automation projects to be delivered within the next one to two years, many of which are repeat business from existing clients.
Its strong performance means the company is on track to achieve its ambition of doubling turnover to £32m by 2022.
It also marks the first anniversary of Sewtec's MBO, which was backed by Leeds-headquartered private equity firm Endless in August 2017. The company's management team of technical director Gary Day, controls director Karl Conqueror and sales director Paul Johnson led the buyout, after which managing director Mark Cook joined the company.
Sewtec has also announced that three recently appointed management team members have been promoted to director. Ian Walch has been appointed as project director, Lizzie Hay becomes finance director and Mark Atkins becomes director of business services.
To support project delivery, the company has also significantly increased its headcount by recruiting 20 new highly skilled employees across engineering, manufacturing and sales roles. This brings its headcount to 80 people, with plans to bring an additional 40 jobs to the region within the next four years.
In June, Sewtec also opened a new mechanical and software engineering design office at Silkwood Park in Wakefield and an assembly and commissioning site in Normanton, complementing its existing 23,000 sq ft manufacturing facility in Dewsbury.
Commenting on Sewtec's strong performance, Endless director, Andrew Ross, said: "Sewtec has had an exceptional first year following the MBO and goes into its second year of new ownership with real momentum. The company has a strong management team, a compelling proposition and enormous potential to expand further in its chosen markets both in the UK and internationally.
"Endless is a transformational investor. Last year we were very excited about the opportunity to invest in an already very successful, longstanding Yorkshire business and to support the management team in transforming it into a more scalable operation. One year on, we are very pleased with what Mark and the team have achieved so far and remain excited about the future of Sewtec."
Underpinning Sewtec's transformational change is the company's strategic business plan led by managing director, Mark Cook. Among several innovations introduced in the past year is a modular design approach which improves efficiencies during the design and manufacturing phases. Sewtec has also rebranded and launched a new company website, improved its IT and business systems, enhanced its human resource policies and procedures, increased engagement with local schools and universities and provided more support to local charities.
Commenting on the company's performance, Mark Cook said: "Our strong order book demonstrates the outstanding reputation that Sewtec has built. There is ongoing demand for the Sewtec brand, services and products, and this has opened up many prospects for us in the sectors and markets we operate in.
"This is also a success for highly skilled British manufacturing. Our excellent export record shows the appeal of our bespoke automation systems on a global stage, driven by an innovative approach and world-class customer experience.
"With a skilled and dedicated team across all areas of the business, we're in a robust position to continue our growth plan and reach our ambitious goal of becoming a 120-strong £32m turnover business."
For more information on Sewtec visit www.sewtec.co.uk
© 2015 Endless LLP. Company Reg. No. OC316569 t: 0845 370 0101 f: 0845 280 2411
Endless LLP is authorised and regulated by the Financial Conduct Authority
List of LLP Members


See how the narrative was created in this article: "City panel reaches out to Latinos" by Lindell John Kay.
First of all it is funny how Lindell Kay attended his 2nd meeting ever of the Rocky Mount HRC simply because he was carrying out a member Attorney Steve Stevenson lead to attempt to discredit me.
During the March meeting the Latino community met with us and we had a great dialogue. This was Lindell Kay's first meeting. We basically talked about what they wanted during the March meeting but Lindell Kay came to the meeting to focus on my appointment.
The following is why Steve Stevenson has a problem with me. Commissioner Steve Stevenson said the commission can't ignore the fact that some of the members of the Latino community are undocumented. "Undocumented keeps coming up, that's a fear factor right there," Commissioner Curmilus Dancy said. As far as reaching out to the Latino community, the commission needs to let that community say how it wants to be approached. Dancy said he's working to expand the commission. I be questioning Steve's motives and he can't take it.
Dancy said a police representative should be in attendance at the meetings whenever issues involving law enforcement are discussed.
I don't know where the following came from but this is a familiar statement by some folk, "Wells said the commissioners can't forget about the work in between meetings.
The following is a lie because I was never asked to step down. Dancy — who was asked by the City Council to step down because he isn't a resident of the city — said he feels like the commission failed him. He said he's always been above board at meetings and a team player, but now that he's off the commission people will hear from him.
"I don't bother people until they come after me," Dancy said.
Dancy said the Telegram has told lies about him. He said he had to call WHIG-TV during his lunch break at Honeywell to clear it up.
Again another lie because I didn't say I called on my lunch break, I called during my morning break. I go to lunch around noon and the morning show is on from 7 am – 9 am if I am correct. So what was the purpose of naming where I work? That is because the motive has been to go after my job. You see this is why folk don't get involved with politics because they will come after you.
As I continue to say my videos don't lie but Lindell Kay hasss a problem when I say he lie, lie, lie.


Shake Junt is a skateboard hardware company which is all about representing the lifestyle of getting buck, skating with your friends, partying and hi-jinx. It was formed by Baker boy Shane Heyl. Notable team members include Andrew Reynolds, Bryan Herman, Dustin Dollin, Terry Kennedy, Theotis Beasley, Erik Ellington, Ishod Wair and Kyle Walker.


Needs to prove himself after a below par effort last time but had previously been in good form and has coped with higher marks in the past. Dangerous to overlook despite the burden of sharing top weight.
Drops back in trip after a poor run over 1m at Chelmsford last month; place claims on the pick of his form but the return to the tapeta surface will suit.
Returned in good heart this year and has held her form well. Set to race from just 1lb above her winning mark on turf; big chance if the seventh furlong doesn't prove to be too much of an issue.
Won well at Lingfield on his penultimate start but found a mile beyond him at Kempton last time. Makes his debut on this surface but will appreciate dropping back in trip. Worth considering for a place at least.
Races from a 4lb higher mark than for his C&D win last November; raced only once since though and has a bit to prove after disappointing when last seen.
Gained his solitary win to date over this trip as a juvenile but been expensive to follow since. Never won on the AW and has been struggling to make much of an impact. Encouraging signs last time but needs to prove that wasn't a one-off performance.
Has won over C&D but been out of form for a while and it's over two years since his last win; can be slowly away and the wide draw isn't ideal either.
Goes well here but form has taken a nosedive; possible he needed the run last time but still has a good bit to prove on balance.
Comes back here in good heart and not much to find to get competitive in this company. Has won over C&D before but has form to reverse with Waqt this time.
Finished a close second over C&D latest and could easily make the frame again of she's on song; has already enjoyed a profitable time since the turn of the year and no surprise to the the mare in the thick of the action once more.
More effective on the AW than on turf, the gelding won over C&D from a 13lb higher mark last summer but has been inconsistent since. Visored for the first time and plenty to prove despite the lenient rating.
Most of these are inconsistent and come with risk attached. The likes of Makaarim, Energia Flavio, and Rockesbury all have C&D wins to their name can be considered competitively weighted on the pick of their efforts, while Liamb can also go close if the seventh furlong doesn't catch her out. However, narrow preference is for THE KING'S STEAD, who hinted at return to form last time out and, as another previous C&D winner, he judges edges the verdict on the ground of value at the likely odds. Waqt is also in good heart and can make it an inserting scrap for the places.


This update to Adobe Technical Communication Suite 4 replaces old Adobe Acrobat X Pro with the new Adobe Acrobat XI Pro.
Adobe Technical Communication Suite 4 is installed on your computer.
This update does not need activation or serialization. After you install the update, launch Acrobat XI Pro. On first launch, it is activated automatically and accepts the existing license number of Adobe Technical Communication Suite 4.
Download the zip file: click the filename and save it to your computer.
In the unzipped folder, double-click the .exe file. The Folder Location dialog box is displayed.
Click Next. The installer extracts the downloaded files and starts the Installation wizard.
This update is only for the customers who have Adobe Technical Communication Suite 4 with Adobe Acrobat X Pro.
By using software of Adobe Systems Incorporated or its subsidiaries ("Adobe"); you agree to the following terms and conditions. If you do not agree with such terms and conditions, do not use the software. The terms of an end-user license agreement accompanying a particular software file upon installation or download of the software shall supersede the terms presented below. The export and re-export of Adobe software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba; Iran; Iraq; Libya; North Korea; Sudan; or Syria or any country to which the United States embargoes goods. In addition; Adobe software may not be distributed to persons on the Table of Denial Orders; the Entity List; or the List of Specially Designated Nationals. By downloading or using an Adobe software product you are certifying that you are not a national of Cuba; Iran; Iraq; Libya; North Korea; Sudan; or Syria or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders; the Entity List; or the List of Specially Designated Nationals. If the software is designed for use with an application software product (the "Host Application") published by Adobe; Adobe grants you a non-exclusive license to use such software with the Host Application only; provided you possess a valid license from Adobe for the Host Application. Except as set forth below; such software is licensed to you subject to the terms and conditions of the End-User License Agreement from Adobe governing your use of the Host Application. DISCLAIMER OF WARRANTIES: YOU AGREE THAT ADOBE HAS MADE NO EXPRESS WARRANTIES TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. ADOBE DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE; EXPRESS OR IMPLIED; INCLUDING; WITHOUT LIMITATION; ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; MERCHANTABILITY; MERCHANTABLE QUALITY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. Some states or jurisdictions do not allow the exclusion of implied warranties; so the above limitations may not apply to you. LIMIT OF LIABILITY: IN NO EVENT WILL ADOBE BE LIABLE TO YOU FOR ANY LOSS OF USE; INTERRUPTION OF BUSINESS; OR ANY DIRECT; INDIRECT; SPECIAL; INCIDENTAL; OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT; TORT (INCLUDING NEGLIGENCE); STRICT PRODUCT LIABILITY OR OTHERWISE; EVEN IF ADOBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; so the above limitation or exclusion may not apply to you.


Although there are no explicit statutory or regulatory obligations pertaining to commencing internal investigations in England and Wales, it is often in an entity's best interests to conduct an internal investigation when wrongdoing is suspected, whether this be criminal or regulatory. This will enable an entity to identify if any criminal offences or regulatory breaches may have been committed at an early stage and to make informed decisions. An obvious benefit of an internal investigation is that it allows the entity to satisfy itself that it has isolated and dealt with the wrongdoing. Additionally, conducting an internal investigation may help an entity decide whether or not to approach a relevant authority with a view to securing a more favourable outcome than would likely be the case having been approached by the authorities in the first instance.
Consideration should be given to whether there is likely to be any other evidence capable of supporting the whistleblower's assertions, such as documentary evidence and the extent to which the whistleblower can personally verify the allegation made. An entity should also consider the context and circumstances in which the whistleblower makes their disclosure; for example, even if they are a disgruntled employee, is the disclosure capable of belief? How much time has passed since the events occurred and what is the explanation for any delay? Is the whistleblower raising the matter for their own personal gain or motive?
"The client" will often be determined by who has retained the services of outside lawyers and who has control of the internal investigation. The client should be suitably qualified and hold sufficient seniority within the entity to be in a position to provide instruction, direction and make critical tactical decisions about the course and scope of the investigation and any reporting that may occur. The wider the reporting relationship is, the more difficult it is likely to be for the corporate to assert and maintain privilege, and also to preserve confidentiality. Entities are best advised to set up an investigation team comprising a limited number of individuals. For more complex investigations, it is often advisable to set up a management or steering committee as these create very clear reporting lines.
External counsel should make enquiries of the client to satisfy itself that those to whom they are to report are not conflicted – this can be done through, for instance, considering the nature of the allegations to be investigated and who is likely to hold relevant information, and asking those who conceivably have been involved in the matter under investigation to declare any interests. These steps are intended to have the effect of maintaining the credibility of any investigation results with the regulator.
There are a number of scenarios when entities must notify regulators of incidents/misconduct. For example, the General Data Protection Regulation (GDPR) requires that breaches of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to personal data must be reported to the Information Commissioner's Office (ICO) not later than 72 hours after the controller of the data becomes aware of it, unless the breach is unlikely to result in a risk to the rights and freedoms of the individuals concerned. Similarly, the Financial Conduct Authority (FCA) requires its regulated firms to be open and cooperative, and, for example, to notify the regulator of anything about which it would reasonably expect notice. The Health and Safety Executive (HSE) must be notified of reportable safety incidents under the RIDDOR requirements and entities can be required to notify the Environment Agency of pollution incidents, etc.
Generally, details of any wrongdoing discovered during an internal investigation do not automatically need to be disclosed to enforcement authorities. Prior to any self-report, an entity should carefully consider the desirability and potential consequences (e.g. civil and criminal sanctions). Voluntary disclosure before enforcement authorities are involved may be desirable if the entity is considering cooperating with the authorities in an attempt to achieve a more favourable outcome. It is clear from the Rolls-Royce case that failure to self-report is not a barrier to a DPA as long as there are counterbalancing factors, notably complete cooperation and disclosure of materials without pre-conditions (including assertions of legal professional privilege) thereafter. If this is a strategy an entity wants to pursue, wrongdoing should be reported to enforcement authorities within a reasonable time of the offending coming to light.
However, when an investigation report is being prepared, there is an incentive to ensure that a detailed investigation has been undertaken before disclosure of the facts. It is an unattractive proposition to provide details of an internal investigation in haste and without a proper understanding of the conduct, not least because the nature of the wrongdoing may not be apparent until the latter stages of an investigation.
However, there are risks associated with written reports. A report may contain findings or information that are potentially damaging. By disclosing a written report to law enforcement authorities, an entity runs the risk that the information contained in it will be used to open an investigation into the company. Moreover, a written report is open to misinterpretation or misuse, which may be avoided if the results of an internal investigation are presented orally instead.
Ultimately, however, any investigating authorities to whom matters are to be reported will expect materials in writing to be retained and may serve statutory production orders to compel its provision. Any oral report provided will likely be swiftly followed for a request from the enforcement agency for a written report of the same.
Entities are not required to liaise with law enforcement authorities before starting an internal investigation but there are benefits to such early engagement and it is viewed favourably and encouraged by them. For instance, if an agency is given the opportunity to comment on the proposed scope and purpose of an investigation then the entity can ensure its report is appropriate. Early engagement may also avoid risks associated with tipping off and "trampling on the crime scene". However, an entity should remain cautious about disclosing information about wrongdoing without first having a proper understanding of the nature or extent of the alleged misconduct. To do so may result in an inappropriate or inaccurate self-report which is not in the interests of any party involved.
Regulators have extensive statutory powers to gather evidence as part of their investigation; for example, to compel entities to answer questions or produce documents.
Engagement with a regulator may help to define or limit the scope of its investigation; guidance can be given regarding the relevance of material and the proportionality of requests for information and documentation.
The global nature of today's businesses, combined with the increasing availability of extraterritorial statutory powers to obtain evidence and extraterritorial offences, means that jurisdictional issues are becoming more prevalent. Law enforcement authorities in the UK frequently share information with authorities in other jurisdictions through mutual legal assistance agreements or via organisations such as Eurojust, and there are increasing numbers of truly joint investigations by agencies from different states.
Where an entity faces investigation in multiple countries, attention should be given in particular to the rules of privilege that operate in other jurisdictions and the location of evidence or material and any data protection implications, especially for data held within the EU. Entities may consider challenging the extent of a regulator's powers, subject to their intention to cooperate. The recent judgment in R (KBR Inc.) v SFO confirmed the extraterritorial scope of the SFO's power to compel the production of documents under s.2 of the Criminal Justice Act 1987, in relation to overseas companies with a "sufficient connection" to the UK. In addition, the Crime (Overseas Production Orders) Bill is currently making its way through Parliament, which may lead to wider overseas production powers in relation to electronic data. Such statutory powers may reduce the current reliance on mutual legal assistance to obtain evidence from outside the jurisdiction.
All investigations are different and planning must be approached on a bespoke basis and kept under review. The investigation plan will generally define the subject and scope of the investigation as well as the roles and responsibilities of the investigation team. It may include an outline of what tasks are to be performed, with timelines and rules of engagement (e.g. to preserve confidentiality and privilege).
The investigation plan should ensure that all relevant material is identified, collected and preserved, which will include securing hard copy data and electronic data. How the investigation team will review the data and which individuals should be interviewed will also need to be determined.
A decision whether to use outside counsel or resources should be made with reference to the nature of the alleged misconduct, the issues to be determined, the kind of expertise required and the relevant experience of the intended resource. In circumstances where government intervention is likely, the independence of outside counsel who can attest to the validity of decisions made or procedures used and do so without being hampered by internal company politics is likely to enhance the credibility of the end result of the investigation.
In the event that non-lawyer experts are used, e.g. forensic accountants, clear rules should be established to ensure that communications back to the client maintain legal privilege as far as possible. This will ensure that, provided the investigation can be properly conducted within the confines of legal professional privilege, the investigation can proceed without the concern that the entity will be required to provide material generated during the investigation to the authorities.
Legal professional privilege falls into two categories: (i) legal advice privilege; and (ii) litigation privilege. Briefly, (i) legal advice privilege attaches to communications between a client and a lawyer in connection with the giving of legal advice; and (ii) litigation privilege attaches to documents created for the dominant purpose of conducting existing or reasonably contemplated adversarial litigation.
The availability of litigation privilege has been scrutinised in a number of cases and, most recently, the Court of Appeal in SFO v ENRC overturned a High Court decision which had held that criminal litigation was in prospect at a much later stage than had widely been understood previously. The availability of litigation privilege continues to need to be carefully considered on a fact-specific basis, rather than assuming blanket protection, and may be a factor affecting whether an investigation is desirable and, if so, when and how it is carried out. Evidence should be recorded, for example what litigation was in contemplation and why, to support any subsequent claim.
As above, litigation privilege may apply to documentation prepared in relation to reasonably contemplated litigation and any communications with third parties would be subject to rules of confidentiality. The use of third parties should be carefully considered and care should be taken to ensure that their work is protected by legal privilege – generally by ensuring instruction is through external counsel appointed to advise on and/or handle the internal investigation – and that measures are in place to guard against inappropriate disclosure.
In short, the answer is yes, except in cases relating to European Union law (typically cartels or anti-corruption cases) where in-house lawyers cannot claim legal professional privilege over internal communications with employees. Although in-house counsel are inevitably closer to the business than external counsel, in the context of legal privilege, the "client", i.e. the corporate entity, is the same and legal privilege applies equally to any communications/material generated during the course of an internal investigation. However, claims of privilege will be easier and clearer if external counsel are instructed as, purely as a matter of perception, they are distinct from the business.
All legally privileged material created during the course of an investigation should be marked appropriately (e.g. "Confidential – Subject to Legal Professional Privilege") and treated to ensure that privilege is maintained (e.g. not inappropriately disclosed beyond the client team internally or externally).
Legally privileged documents uncovered during an investigation, either produced in the course of obtaining legal advice or in the course of separate litigation, should be separately stored and marked (e.g. "Legally Privileged").
Enforcement agencies will keep the results of any internal investigation confidential unless there is a requirement to share it with another agency or regulator. The same entity may be under investigation for criminal offences whilst simultaneously being under investigation (by a different entity) for regulatory breaches. The extent to which agencies will share information is dependent on their particular memoranda of agreement but there are statutory gateways permitting such exchanges. Before providing any material, it would be prudent for the corporate to consider the risks of onward disclosure and liaise with the enforcement agency as necessary.
Any internal investigation needs to respect the requirements of the GDPR and additional provisions applicable under the Data Protection Act 2018. On that basis, "personal data" (broadly data from which a living individual can be identified) needs to be accorded its proper protection under the law and processed lawfully, taking into account the rights of the data subject (the person whom the data identifies) and the lawful bases of processing under the GDPR whilst ensuring the integrity, security and confidentiality of the data at issue. There are exemptions to certain requirements where legal professional privilege is concerned or where regulatory functions or the prevention and detection of crime is engaged.
Issuing a retention requirement (also known as a "hold notice") for individuals who are (or have been) under confidentiality obligations to the entity undertaking the investigation is generally considered best practice. It is to be anticipated that to the extent that the individual has documents that pertain to the business affairs of the entity they will already be under a legal obligation to hold them subject to the rights of the entity itself. The policies of the entity as to the use and retention of electronic data on media not owned by it for processing data belonging to it (and knowledge about how such policies operated in fact), as well as to the rules concerning the retention of hard copy material, will provide crucial information as to what material might exist. Necessarily, a requirement to preserve materials will require some information to be imparted about the circumstances in which preservation is to take place. That should be sufficient to allow informed retention choices but without disclosing specific details that would give rise to an increased risk of destruction.
Data protection and bank secrecy laws in other jurisdictions remain a key element for consideration, especially as to whether relevant data can be transferred across national borders for the purposes of internal investigations. Well-informed expert (internal or external) counsel qualified in the relevant jurisdiction should be consulted before data is secured and in anticipation of any transfer. Particular care should be taken in relation to data transfers to non-EEA countries where the provisions of Chapter V of the GDPR become relevant. The Privacy Shield principles agreed between the EU and US in 2016 apply where personal data is sent from Europe to the US. Consideration should be given not only to the transfer of data but also to the facts elicited from the data themselves in the form of summaries and reports, etc.
Tradition has it that emails provide the most interesting and pertinent evidence. That is no longer true given the increasing variety of social media which are used for communications and which evidence an individual's state of mind and actions taken. It follows that not only should servers holding emails and other electronic data be retained and imaged by experienced professional and independent third parties employed to do so or to oversee the actions of internal staff (who in doing so will meet the necessary standards for preservation of material to evidential standards for the purposes of litigation), but attempts should be made to secure portable electronic devices where storage of relevant data may be on the device itself. Contact with service providers is also important in seeking to retain material held or stored by them that might otherwise not remain in existence because of its ephemeral nature.
As above, the employment of an experienced computer forensics team is vital both in demonstrating the integrity and thoroughness of the internal investigation. It is prudent for such a team (perhaps using different team members) to catalogue the material retained and put in place relevant search tools to enable examination of the data (in copy format, preserving a "clean" original version). Liaison with internal and external counsel is crucial and provides an efficient basis for understanding what has happened in the investigation and why the particular steps were taken in it, with a view to being able to explain the scope and integrity of the work undertaken to enforcement authorities that may become engaged.
The volume of electronic material generated in any business means that the review of this material in hard copy format is no longer feasible. Enforcement authorities and lawyers engaged in internal investigations will always use document review platforms (e.g. "Relativity") to search for and review relevant material. Data obtained, usually by imaging the electronic devices, is uploaded on to the review platform in a searchable format so that keyword searches can be run across the data. This process identifies the relevant material for review.
AI-based processing (e.g. deduplication and "threading" of emails to identify the most inclusive email chains for review) and predictive coding (applying human coding decisions to a larger data set) are becoming more frequently used in order to make reviews of large volumes of data manageable. There is nothing about the use of such methods to prevent the material being used or found to be admissible in subsequent proceedings: admissibility questions are dependent to a large extent on the nature of the documents themselves not the means by which they are discovered.
Although current employees will be expected, by virtue of the terms of their contracts of employment, to comply with internal investigations, former employees or third parties may be more difficult to interview as there is no threat of disciplinary proceedings for failing to cooperate with the entity's internal investigation.
Ordinarily, the authorities do not need to be consulted before initiating witness interviews, save that it may be prudent to do so in cases where the authorities have already been notified that an internal investigation is afoot (for example, where a self-report has been made).
Employees cannot be compelled to attend an investigation interview, but failing to attend or cooperate with an investigation without reasonable excuse may mean that they are acting in breach of relevant duties towards their employer. A failure to attend an interview may therefore lead to disciplinary proceedings being brought against that employee.
An entity is not required to provide legal representation to witnesses, although a witness cannot be prevented from seeking legal advice. However, the entity retains the control of the investigation and so it may determine who can or cannot attend internal investigation interviews, i.e. lawyers for the witness can be prevented from attending. If an entity is considering providing legal representation, careful thought must be given to the attendant costs and delays that this may entail; in some circumstances, an entity's Directors & Officers insurance policy may provide for legal fees for certain witnesses, but thought should be given to the overall fairness if only some employees are provided with legal representation by the entity.
Interviewers should, where possible, be consistent so as to avoid any difficulties when comparing and contrasting different accounts. A variation of the "Upjohn Warning" should be provided to interviewees at the commencement of an interview, namely: a warning that tells the interviewee that the lawyers involved are advising the entity and not the individual interviewee; a brief explanation of the background of the investigation; a request to be clear when the interviewee is making a statement of fact or is speculating or stating a belief; and to remind the interviewee of the need for confidentiality and not to discuss matters with their colleagues or senior management. A record of the interview should be made in the form of a summary of the key facts rather than a verbatim transcript.
There may be a culture at an entity of suppressing information or frowning upon whistleblowing. Each interviewee should be encouraged to answer questions to the best of their ability, and questioning should not take the form of a hostile interrogation. Such practices will help an interviewer obtain relevant information where the culture of the entity may otherwise inhibit interviewees. It should be borne in mind that employees may be reluctant to share information or be truthful for reasons independent to the internal investigation, such as concern for job security. Adopting a sensitive approach may reduce the likelihood of this occurring.
Provided an entity can demonstrate that it has not discriminated against the whistleblower because of their disclosure (see question 1.2 above), it is unlikely that it can be said to have breached the whistleblower's rights. It is imperative that the investigation team is comprised of individuals who are completely independent from the areas of the business which are the subject of the investigation as this demonstrates that the concerns raised by the whistleblower are being taken seriously and thoroughly investigated. The entity should clarify in any interview with a whistleblower that its lawyers are acting for the entity and not the individual, but also make it clear that the entity is aware of the whistleblower's status and that their disclosure is protected.
Any information provided during the course of an internal investigation, usually through a fact-finding meeting, can be presented to the employee for verification. As stated at question 7.4 above, a record of any meeting should be made in the form of a summary of the key facts rather than a verbatim transcript.
There is no requirement that the enforcement authorities or a witness' legal representative are present for witness interviews in these circumstances.
Where a self-report has been made or there has otherwise been a level of coordination with any authority, the entity will wish to consider liaising with the authority (and may have been requested to do so following the self-report) regarding the conduct of witness interviews. The investigating authority may well wish to interview individuals before the internal investigation interviews have commenced, in which case the internal interviews may have to be deferred or abandoned.
Companies engaging in cooperative self-reporting, for example with a view to obtaining a DPA, may find themselves under pressure to waive privilege in relation to existing interview notes, or, if there has been early engagement, encouraged to progress any ongoing interviews in a way which ensures that they are not protected by legal privilege.
Before producing a written investigation report, consideration may be given to whether the key findings should be presented orally to the client. It may be that an oral report is all that is required and this will avoid creating a report/record over which arguments as to privilege may then arise – in addition, the ability to circulate an oral presentation is limited (although board minutes recording such presentations should make clear where appropriate the parts of any board meeting subject to legal professional privilege).
A written investigation report will usually contain an introduction (describing the background to the investigation), a summary of the relevant regulatory regime or circumstances in which the misconduct arises, details of the investigative steps and findings and a summary of any improvements or remedial action which has been taken.
The authors would like to acknowledge the invaluable contributions of their colleagues Julian Hayes and Natasha Sammy in the preparation of this chapter.


text:
Q: Converting from saving in Session to Cookies? So, I am working on a demo web dashboard. Previously, I had been using Session to store settings about the dashboard, but I would like to move it to a more persistent means of saving settings.
It seems to me that using cookies would be my best bet. I'm not entirely positive I have the time to work everything out for writing to/from a database properly.
That being said, I might be in over my head on some assumptions I had made about the similarities between Session and Cookies.
Currently, I have some code like this:
public Dictionary<string, RadPageViewSetting> PageViewStates
    {
        get
        {
            Dictionary<string, RadPageViewSetting> _pageViewStates = (Dictionary<string, RadPageViewSetting>)Session["PageViewStates"];
            if (object.Equals(_pageViewStates, null))
            {
                _pageViewStates = new Dictionary<string, RadPageViewSetting>();
                Session["PageViewStates"] = _pageViewStates;
            }

            return _pageViewStates;
        }
        set
        {
            Session["PageViewStates"] = value;
        }
    }

where RadPageViewSetting is a class with some properties in it which I am recording.
Is this functionality possible with cookies? If not, where should I be looking to persist my data through browser-closes?
EDIT: I am going to use http://weblogs.asp.net/pwelter34/archive/2006/05/03/444961.aspx to help me serialize the dictionary and then go about serializing my own custom data hypers (RadPageViewSetting).
EDIT: Here's my untested solution. Could someone take a look at this real quick and let me know if it looks incorrect?
        public SerializableDictionary<string, RadPageViewSetting> PageViewStates
    {
        get
        {
            SerializableDictionary<string, RadPageViewSetting> _pageViewStates = new SerializableDictionary<string,RadPageViewSetting>();
            HttpCookie cookie = HttpContext.Current.Response.Cookies["PageViewStates"]; //If the named cookie does not exist, this method creates a new cookie with that name.

            if (object.Equals(cookie, null))
            {
                cookie = new HttpCookie("PageViewStates");
                cookie.Expires = DateTime.Now.AddYears(100);
                cookie.Value = null;
                HttpContext.Current.Response.Cookies.Add(cookie);
            }
            else if( cookie.Value != null )
            {
                MemoryStream stream = new MemoryStream();
                StreamWriter writer = new StreamWriter(stream);
                writer.Write(cookie.Value);
                XmlSerializer serializer = new XmlSerializer(_pageViewStates.GetType());
                _pageViewStates = serializer.Deserialize(stream) as SerializableDictionary<string, RadPageViewSetting>;
                HttpContext.Current.Response.Cookies.Set(cookie);
            }

            return _pageViewStates;
        }
        set
        {
            XmlSerializer serializer = new XmlSerializer(value.GetType());
            MemoryStream stream = new MemoryStream();
            serializer.Serialize(stream, value);
            StreamReader reader = new StreamReader(stream);
            HttpContext.Current.Response.Cookies["PageViewStates"].Value = reader.ReadToEnd();
        }
    }

A: Simple use Response.Cookies instead of Session.
Basically in a nutshell from MSDN

Response.Cookies["userName"].Value = "patrick";
Response.Cookies["userName"].Expires = DateTime.Now.AddDays(1);

HttpCookie aCookie = new HttpCookie("lastVisit");
aCookie.Value = DateTime.Now.ToString();
aCookie.Expires = DateTime.Now.AddDays(1);
Response.Cookies.Add(aCookie);

You should be able to store what ever you like in the cookie as long as you can serialize it into a string. As cookies are plain text.

A: While the answer you accepted technically works, I think it might be easier to just set two attribute values in the sessionState element of your web.confg.
To enable cookies, set mode="InProc" and cookieless="UseCookies".  With these configuration changes you won't have to change anything else in your code, because the session will be ensured to work using cookies (provided that cookies are enabled on the client's browser).
You seem to be unaware that the ASP.NET Session State object actually uses cookies by default to persist data across multiple requests, (although this behavior can be changed in your web.config).
Documentation

*

*the web.config sessionState element

*ASP.NET Session State

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