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Legal Business Law Mar 2, 2016 7 min read
Business Law: How to Keep Employees from Competing in a No-Non-Compete State?
Sean T. Foss
O'Keeffe O'Brien Lyson Foss Law
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Many employers in North Dakota, particularly those with headquarters out of state, often find out about a unique aspect of North Dakota business law once it is too late. Only after an employee quits and starts a competing business does the employer discover that North Dakota law provides non-competition agreements are almost always void as a matter of law.
Having already been burned by an unenforceable non-competition agreement, employers then ask the question of how they can keep proprietary information confidential if they cannot rely on a non-competition agreement. Thankfully, employers still have methods to protect their proprietary information from being used by a former employee, but they need to be vigilant from the start of employment.
North Dakota law provides: "Every contract by which anyone is restrained from exercising a lawful profession, trade, or business of any kind is to that extent void, except:
1. One who sells the goodwill of a business may agree with the buyer to refrain from carrying on a similar business within a specified county, city, or a part of either, so long as the buyer or any person deriving title to the goodwill from the buyer carries on a like business therein.
2. Partners, upon or in anticipation of dissolution of the partnership, may agree that all or any number of them will not carry on a similar business within the same city where the partnership business has been transacted, or within a specified part thereof.
See N.D.C.C. § 9-08-06.
The North Dakota Supreme Court has explained the statute intends to protect "the right of the public's access to the services offered by the employee." Warner and Co. v. Solberg, 2001 ND 156, ¶ 14, 634 N.W.2d 65, 70. With this purpose in mind, the North Dakota Supreme Court has held that an employment contract that prohibits an employee from soliciting the employer's clients or customers after the termination of the employment is also void as a matter of law. Id. at ¶ 24.
While N.D.C.C. § 9-08-06 does provide two exceptions to the general prohibition against non-competition agreements, most employers seeking to protect their proprietary information are not dealing with the sale of goodwill, nor the actual or anticipated dissolution of a partnership. As a result, the exceptions usually provide little relief to employers. An out-of-state employer can establish a North Dakota limited liability partnership (LLP) as a subsidiary, whereby the employees are made partners with small amounts of equity in the LLP, and the employment thereby potentially qualifies for the exception under N.D.C.C. § 9-08-06(2). However, the use of a LLP creates a whole new set of problems related to internal governance that most employers would rather avoid. Thankfully, employers have an easier option that should provide close to the same level of assurance against future competition. Best of all, this route was recently discussed by the North Dakota Supreme Court.
In SolarBee, Inc. v. Walker, 2013 ND 110, 833 N.W.2d 422, the Supreme Court reviewed a district court decision finding two employees had breached their employment contracts and proprietary information contracts. The proprietary information contract provided broad definitions for "Confidential Information," "Intellectual Property," "Work Product," "Trade Secrets," and "Work." The contract then provided equally broad provisions whereby the employees agreed to keep confidential all "Confidential Information, Work Product, and Trade Secrets" obtained through the employment. The proprietary information contract further provided the employees recognized that all Intellectual Property derived during the course and scope of their employment was owned by the employer, and the employees waived any claim to the same. Finally, the proprietary information contract provided that its terms survived the termination of any employment relationship for a period of two years.
The employment contract required the employees to return a long list of the employer's business materials immediately upon termination of the employment. The employment contract finally provided:
The salesperson shall not ever, during employment or for five years following termination, interfere with the company's customers in any manner, or use or disclose to any person the company's customers, prospects, products, trade or business secrets, sales or science technologies, sales or other methods, or systems.
The district court held a bench trial and found the employees had violated the relevant portions of the employment and proprietary information contracts by creating and operating a side business in the same general field as the employer, and dealing with the employer's customers as part of such business. The employees' conduct in this case occurred while they were still employed by the employer, but the contracts enforced by the district court applied for two years after the end of employment. The North Dakota Supreme Court affirmed the district court's findings regarding the breaches of contract.
Importantly, while neither the district court nor Supreme Court specifically upheld a non-competition agreement in SolarBee, Inc., the scope of the employment and proprietary information contracts provide guidance to other employers in this state. Employers can use these contracts as a guide when trying to prevent employees from gaining valuable information through their employment, only to turn around and use that information to operate a competing business.
The employer's best of line of defense is to prepare an employment contract that provides protections regarding the confidentiality and ownership of all of the employer's proprietary information. This contract should be executed at the outset of the employment relationship, so there can be no questions about whether the employee received consideration in exchange for entering into the contract. The employment contract should contain both broad definitions of confidential information, trade secrets, and the like, but also as many specific examples of such information as possible. The contract should specifically identify the information the employer considers proprietary to avoid the employee being able to argue over the scope of the protection provided by the agreement. Finally, the employment contract itself should contain a confidentiality clause in order to protect the employer's identification of its proprietary information, as well as a liquidate damages clause related to any breach of confidentiality over the agreement.
To be clear, this approach works best for companies that actually produce or design products, not companies that merely sell products or services provided by third-parties, such as an independent insurance agent. In those situations, the employer's primary asset is its relationship with customers, and there is conflicting case law regarding when the identity of customers constitute an employer's trade secrets or protected proprietary information. In Warner and Co. v. Solberg, 2001 ND 156, 634 N.W.2d 65, the North Dakota Supreme Court discussed a series of cases finding customer lists and contact information can constitute a "trade secret" under the Uniform Trade Secret Act.
However, the Eighth Circuit Court of Appeals has affirmed a district court's denial of a motion for a preliminary injunction in a case where the employer alleged the employee wrongfully misappropriated a trade secret in the form of a customer list for the benefit of a competing business. See CDI Energy Services, Inc. v. West River Pumps, Inc., 567 F.3d 398 (8th Cir. 2009). The Eighth Circuit concluded the employer had failed to establish a likelihood of success on the merits of its claim that the former employees had misappropriated trade secrets in the form of customer lists, because "the potential customers . . . are a small collection of easily identifiable, locally operating oil field companies." Id. at 402.
Though no clear line exists delineating when customers do and do not constitute trade secrets, North Dakota employers should be concerned by the Eighth Circuit's language that that a business with a relatively small, targeted number of customers in a limited geographic cannot claim the identity of such customers constitute a trade secret. For employers who consider customers one of their most important assets, the employment contract could contain an acknowledgement that the employee did not know the identity of the employer's customers prior to accepting such employment, which would bolster the employer's claim that such customers constitute a trade secret or the employer's proprietary information.
Graduating from the University of Minnesota Law School, Mr. Foss clerked for Justice Carol Kapsner at the North Dakota Supreme Court before joining O'Keeffe O'Brien Lyson Foss Law. He now focuses on commercial litigation while also working within all areas of business litigation.
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Somebody bought the ticket for me. Not a family member, but a friend, whom I was about to meet at the airport. We met on social media, and he invited me for holidays.
I was staying not at a hotel but at my friend's house, and he doesn't know much about airport immigration, so I sent him a text before the trip that was possible that they would call him, not to worry, etc. And they didn't like that.
They saw my on my Instagram profile that I was on the picture on a club event. (They thought maybe I was paid for that) and maybe I would this time. But I'm not. I said they could call the club and ask, but they didn't. It's just a free party and free tables for people. But it's hard to explain it to them. And of course I was refused to ented the US with on a visa waiver.
They said to me I could go home and apply for a visitor's visa and that it's pretty easy when you have a job and strong ties in Europe or your home country.
So I will start a job in London, in May 2018. I want to try to apply for a visitor's visa form in September and go to the embassy. Do you think I will have problems? And can I get a visa if I have a job, my own money, my own tickets, my own hotel reservation, etc? Just because once I was refused to enter country under visa waiver?
And if I get a visitor's visa, hat can happen again at the airport with imigration officers? Even though I have all what is asked, can they still deny me just because of a previous experience? Can you give me some advice? Thank you very much.
Do you think I will have problems?
We can't predict the immigration officers actions. Opinions here are likely to vary. Certainly your previous history will affect future applications. At a minimum I would expect more time to be spent scrutinising your application.
can I get a visa if I have a job, my own money, my own tickets, my own hotel reservation, etc?
None of those should prevent you from obtaining a visa.
Neither are they a cast-iron guarantee that you will obtain a visa.
They are factors in your favour.
Just because once I was refused to enter country under visa waiver?
One refusal does not constitute a lifetime ban. Particularly as they suggested you apply for a visa.
What can happen again at the airport with imigration officers?
You can't rule out anything. You just have to do your best to provide accurate, truthful, complete information.
can they still deny me just because of a previous experience?
They can deny anyone entry. But not solely because you were denied entry before, that would be an insufficient reason by itself. From what you wrote in your question, your circumstances will have changed.
In short, I suggest you stop worrying, accept the possibility of denial, plan for both outcomes, but do your best to make your application as completely accurate and honest as possible. You seem to be on the right track in addressing those aspects that you believe contributed to the previous refusal.
You were previously eligible for the visa waiver program. However, some aspects of your previous plans caused them to deny entry.
Not the answer you're looking for? Browse other questions tagged usa us-visa-waiver-program denial-of-entry or ask your own question.


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Economics & Society
Your Success Is Shaped by Your Genes
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January–February 2017 Issue
When Duke University School of Medicine professor Daniel Belsky and his colleagues cross-referenced data from a longitudinal study of 918 people from Dunedin, New Zealand, they discovered a connection between the presence of specific genes and the achievement of better socioeconomic outcomes. Their conclusion: Your success is shaped by your genes.
Professor Belsky, defend your research.
Belsky: Though DNA isn't destiny, it does have something to say about the kind of people we become and what we achieve. When we studied this existing data set from a group of people who were all born in a single city and then surveyed at regular intervals throughout the first four decades of their lives, we found that those who carried certain genetic variants—ones that had already been linked to educational attainment in other studies—hit developmental benchmarks earlier as children and held higher aspirations as teenagers. Then, as adults, they attained more education, held more prestigious jobs, earned higher incomes, partnered with better-off mates, were more socially and geographically mobile, managed their money more effectively, and accumulated more assets. All of that does suggest our genes can affect our future. But we also know that human development stems from a complex interaction of the genes we inherit and the environments we encounter. Nature and nurture combine to make us who we are. We're just beginning to understand how that interplay operates.
So you're not suggesting we test people at birth or in utero to see who has the aptitude to, say, earn a PhD or become an effective executive?
No. We're still a long way from being able to accurately estimate human potential with a genetic test—and even if we could, there are lots of reasons that it wouldn't be a good idea. To develop our predictive model, we started with the results of large data-mining studies involving tens of thousands of human genomes, which identified gene variants linked with particular educational outcomes and the strength of those links. We used that information to create an algorithm that calculates something called a "polygenic score" for individuals, which indicates how many of the variants they have. When we looked at the Dunedin study data, we did find that participants with higher polygenic scores were slightly more successful than those with lower scores, but the effect was very small—just 1% to 4% of the variance.
Also, we're talking about average outcomes. Some people with low polygenic scores went on to have very successful lives, and some with high scores did not. There are many other nongenetic tests you can administer to children and adults that will give you a much better read on their ability to achieve than we can get out of the genome.
Finding: People with certain genetic markers earned higher incomes.
If other, presumably cheaper, methods work better, why study genes in this context?
We want to understand how genetics shape our lives and what causes some people to be successful and others to flounder. The advantage of looking at DNA is that it's defined at birth and fixed throughout life, so it gives us an anchor on which to build. Ultimately, we hope to yield actionable insights for policy makers—to help them devise interventions that will improve social mobility.
What kind of interventions?
For example, in our study we found that kids who had higher polygenic scores started to master language at a younger age; they talked earlier and read earlier and faster than their peers. Perhaps interventions that increase all children's language skills at younger ages might help more people follow successful trajectories. Going forward, bigger data sets may help us understand why some kids with low polygenic scores nevertheless achieve successful outcomes or why some kids with higher scores still struggle. These "outliers" can provide clues to how we might change children's environments to improve their outcomes.
Finding: Kids with the markers mastered language earlier.
Where would these bigger data sets come from?
The United Kingdom has developed a national biobank that now includes genetic data and a wealth of other information from half a million people. In the United States, President Obama's Precision Medicine Initiative aims to develop a similar resource. But these big data projects can't completely replace cohort studies like the one we focused our research on. For starters, they can't get the same level of detail, especially about early life. For another, participants self-select in, so they don't necessarily represent the full population. This issue of representativeness is important. For example, a big question about our findings is whether they will generalize beyond populations of European descent. They might not apply to people who have different ethnic backgrounds or live in other regions of the world.
It sounds as if we're on the frontier of a whole new body of research into genes and socioeconomics. What else is being studied?
This new field—it's called sociogenomics—is advancing in several directions. Large-scale consortia like the Social Science Genetic Association Consortium, which is headed by Dan Benjamin at the University of Southern California and Philipp Koellinger at Vrije University of Amsterdam, and projects like Sociogenome, led by Melinda Mills at the University of Oxford, are investigating genetic influences on risk taking, entrepreneurship, reproductive behavior, and more. Another major area of inquiry is how genes shape our social relationships. My colleague Ben Domingue at Stanford, along with sociologists Dalton Conley and Jason Boardman and economist Jason Fletcher, has been working on the question of whether friends and spouses tend to be more similar genetically to one another, and why that might be the case. And there are more social scientists joining the field every day.
Finding: The markers predicted success no matter the environment.
You said that the genes you looked at had already been linked to educational attainment, which is, of course, linked to IQ and socioeconomic status. Do we really need scientific research to tell us that smart, wealthy people get more schooling and therefore achieve more as adults?
I think one important contribution of our work is to document that the genetics originally discovered in studies of educational attainment are not about education specifically. Instead, they relate to a range of personal characteristics—including IQ but also noncognitive skills, like self-control and being able to get along well with others. These traits enabled kids with high polygenic scores to succeed not just in school but well beyond. In fact, differences in education explained only about half the effect on long-term life success we found. Also, even though kids born into better-off families did tend to have slightly higher polygenic scores, higher scores predicted success no matter what kind of conditions a child grew up in.
This is still giving me pause. Aren't you worried about a Gattaca-like future, where people with "good" genes are favored over those with "bad" ones?
As I said, given the weak power of our predictive models, Gattaca is not possible today. But I do think the time for conversation is now. I agree that the idea of using genetics as a sorting mechanism is scary. So it's important to talk about what this kind of research should and shouldn't be used for. But let's recognize that we already do a lot of sorting today. We rely on all kinds of rubrics to pick winners and losers before people have a chance to actually prove themselves. Schools use aptitude tests to sort kids into "gifted and talented" programs. Early problems with attention or behavioral control can track kids in the opposite direction. Maybe the genome can help us understand where these social rules go wrong, when we're limiting human potential, and who we've inappropriately left behind.
So how are your genes looking?
Follow-up is ongoing.
A version of this article appeared in the January–February 2017 issue (pp.34–35) of Harvard Business Review.
Alison Beard is a senior editor at Harvard Business Review.
This article is about ECONOMICS & SOCIETY
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Clarion Housing Group has a strong track record of working in 50/50 partnerships with a range of major housebuilders and has also developed long-term relationships with local authorities.
Working in this way enables us to share risk and so enhances our capacity to develop more homes and increase our investment in major transformation projects.
Being financially strong, we are able to fund joint ventures through a variety of sources including retail banks, scheme cashflows or our own reserves lent on commercial terms.
Delivered over 1,000 homes for market sale.
Created successful and long lasting partnerships.
Developed multi award winning schemes and created new communities.
Why partner with Clarion Housing Group?
We have an excellent track record and are financially strong.
We spend time understanding the needs and aspirations of our customers and the local community and incorporate them into our proposals.
We have excellent relationships with councils, statutory authorities/agencies and other housebuilders, and recognise the importance of a collaborative approach.
Our senior management team has extensive experience of developing homes, delivering major regeneration projects and adopting innovative approaches to secure successful delivery.
Clarion Housing Group and Countryside properties have entered into a joint venture to deliver up to 2,600 new homes at Eastern Quarry.
Located on City Road, The Lexicon is Islington's tallest residential tower and kick-starting the regeneration of City Road, opening it up to the City Basin and Regent's Canal.


The Associate in General Education (AGE) curriculum is designed for individuals wishing to broaden their education, with emphasis on personal interest, growth, and development. The two-year General Education program provides students opportunities to study English, literature, fine arts, philosophy, social science, science, and mathematics at the college level. Many of the courses are equivalent to college transfer courses; however, the program is not principally designed for college transfer. The A.G.E. - General Science option is specifically designed for students who are attempting to enter a competitive health or science program and who need courses to improve their chances of admission or who have exited such a program and wish to complete an associate degree. Completion of this program does not guarantee admission to any other academic program.
Selective/Special Admissions: Not selective, but a student desiring this degree must meet with the Dean of Arts and Sciences for an educational plan.


RALEIGH — As December approaches, the results for several races, including N.C. governor, remain in question. This week the right-leaning Civitas Institute filed a federal lawsuit claiming addresses on all same-day registration ballots should be verified before being counted, while the left-leaning Southern Coalition for Social Justice filed a complaint saying the Civitas suit should be rejected. The two groups are jumping into a battle that is becoming the culmination of years of arguing over how to protect the integrity of the ballot box while ensuring voting access.The legal wrangling came as Gov. Pat McCrory filed Tuesday for a recount of the election results. Chuck Stuber, the Republican candidate for state auditor, joined McCrory in the request."With serious concerns about voter fraud emerging across the state, it is becoming more apparent that a thorough recount is one way the people of North Carolina can have confidence in the results, process and system," McCrory's request letter read.Eariler in the week the N.C. State Board of Elections directed counties to keep counting ballots, despite challenges in 52 counties from McCrory and other candidates alleging possible voter fraud. McCrory currently trails Democrat Roy Cooper by approximately 7,700 votes, under the 10,000 vote margin legally required to eliminate a recount option. "With many outstanding votes yet to be counted for the first time, legal challenges, ballot protests and voter fraud allegations, we must keep open the ability to allow the established recount process to ensure every legal vote is counted properly," said Russell Peck, McCrory's campaign manager.The Cooper campaign insisted to the N.C. Board of Elections that the number of ballots in question would not change the outcome of the governor's race."Unless it's going to change the outcome of the election, then let's get on with it, let's finish this election and then address the issues we need to address; prosecute an individual who may have cast an improper ballot if there are grounds to do so and clean up our registration lists so the next time we don't have this same problem with these individuals," Kevin Hamilton, a lawyer for the Cooper campaign and N.C. Democratic Party, told the state board in Tuesday's hearing.Civitas' lawsuit adds another layer to the election. Filed with the Eastern District Federal Court, it could add a month or more to the process if the state board must verify same-day registration addresses just as they would registrations that are filed prior to Election Day. Civitas says the suit highlights a fairness issue."If all the other 6 million-plus voters have had to go through a process, then the people who are doing same-day by law and by fairness should go through the same process," said Civitas president Francis DeLuca. "We aren't saying throw out the votes or don't count them, we are saying verify the addresses."Approximately 90,000 voters registered and voted on the same day in the weeks leading up to the Nov. 8 election, and this lawsuit could bring into question all of those ballots. Verification of the addresses requires the board of elections to mail a non-forwardable letter to the registrant's address. If it is returned as undeliverable, the board is required to make a second attempt at verification by mail. If a letter is undeliverable a second time, the ballot is not counted and the voter often moved to "inactive" status. In past studies, approximately 3 percent of all one-stop registrations are ultimately not able to be verified.The Southern Coalition for Social Justice filed their complaint this week with the 4th Circuit Court of Appeals, a court that previously sided with them in July when the same group sued to overturn parts of the Voter ID laws passed in 2013. In that suit the three-judge panel reinstituted the same-day registration which was eliminated in the vote ID law. The SCSJ says Civitas' suit amounts to litigating the issue again, while Civtias says they want the verification process already required by law to move forward.Regardless of the suits, allegations of extensive fraud or irregularities may represent a framework for a potential contested election. If contested, the election would head to the N.C. General Assembly for resolution, but not before the the first of the new year with Jan. 7, 2017, as the scheduled Inauguration Day. Meanwhile, Cooper, who still leads in the vote count, has already initiated transition activities and launched a website for those applying for jobs in a Cooper administration.


for clear signage, where the boards, whose design and systematization have not been changed since the establishment, are of key importance in navigating passengers traveling through two zones.
The boards themselves must be visible from a greater distance, each of them having its own number. By sending an SMS, passengers receive information about the distance of the vehicle they are expecting.
All this was an inspiration to create an identity for JGP (Public City Transport), which should become not only a logo, but much more than that - a sign that will grow into a brand.
A large number of Belgrade passengers positively accepted a new - more practical, simpler and complete solution, in which they recognize the small "model" of Belgrade, and characteristically the confluence of the two rivers.


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"I never grew up with comic books as a kid. I thought they were infantile, which they're not, but that was my impression (...) I borrowed from comic books a lot. Just to learn how to communicate with figures. But it wasn't just comic books, it was also Edward Hopper, there's Rembrandt even, Goya", states Raymond Pettibon in the catalogue for "Homo Americanus", his huge show at the Deichtorhallen Hamburg. Let's not forget William Blake and his beautiful image and text combinations in "The Marriage of Heaven and Hell".
Pettibon makes so many references to the romantic poet: "Dark Juan's dead. They promised him hebbin and gave him hell" we read on an early drawing from the One-Liners series - on the left side of the text someone being hung, below a charred cross. Instead of angels and demons we face fragments of the American myths after the checkless failure of the American dream and 1960ies countercultures. The characters of Pettibon's dystopic works populate the dungeons of the American life and caves of the TVs. Vavoom, a figure that Pettibon has frequently drawn since the mid-80ies, might know the healing magic word, but as Pettibon put's it: "I like him and stuff, but my work is more complicated. It's not that reductive." Pettibon seems to be a time traveller from the early 19th century, a romantic soul, which - facing the aftermath of late capitalism - is no longer allowed to be one.
Richard Prince It's A Free Concert
Hip Hop featuring Dictatorship of Art
RAYMOND PETTIBON Whoever Shows: Strike Uyp th' Band!
Raymond Pettibon collaborates with Dior
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You're The Top (Ski) out now
art Karlsruhe 22 - 25 February 2018
Brigade Commerz at Esther Schipper
Jonathan Meese goes pop
Wolf ring and pendant with Jonathan Meese
Picture Disc in Wunderkammer
Liam Gillick Display Table


The RAG table and chair are made from old pipes from the RAG building. Piet Hein Eek reclaimed the old pipes from his own old workshop building as well as the RAG building. The RAG collection made from these pipes are a limited edition due to the one-of-a kind nature of the materials.
Reclaimed pipes and glass tabletop.
D 74" x H 31"


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Verdict: A raucous dark comedy that feels like a game of Cluedo played in an abattoir.
Latest in the "shall we play a game?" horror sub-genre pits a young bride against a murderous hoard of well-to-do American aristocratic toffs. Directors Tyler Gillett and Matt Bettenelli-Olpin, who together previously brought us a slew of B-grade horror (V/H/S, Devil's Due) have outdone themselves this time with a slasher that is as funny as it is … uhh … splattery.
Unsurprisingly, Ready or Not isn't heavy on plot. Grace, played with a lively energy by Samara Weaving (a sort of Margot Robbie lite), is a young woman on her wedding night who is surprised by her new in-laws with a postnuptial board game—a strange family tradition, but hey, whatever gets you past Go. In good humour, she follows along and picks from a selection of games; Chess, Checkers etc, even (gasp!) Hide and Seek—"just don't pick the wrong one". I don't think it's a spoiler to say that, yes, she picked the wrong one. I guess two hours of watching them play Chess wouldn't make much of a movie.
So, the game is afoot (or is that a decapitated hand!?), with things getting a bit bloody in parts as Grace is hunted down by a bunch of hoity-toity in-laws turned killers (including a very insidious Andy MacDowell). Thankfully, they're all rather incompetent and what might've become a slasher film trying to take itself seriously, instead appears to knowingly revel in the ridiculousness of it all. Ready or Not is raucous fun and Messrs Gillett and Bettenelli-Olpin seem to know how to balance their gore with generous dollops of humour.
It's not all hack'n'humour, though. Ready or Not has a few salient comments to make on classism, but to suggest they're said with any subtlety would be the understatement of the century. When Grace screams at her assailants as "F**ken rich people!", you kinda know who the baddies are.
As the bungling archetypes run riot within the Agatha Christie-styled mansion, it's clear that this is a horror that knows its strengths and undeniably operates best in its more playful moments. The result is loads of bloody fun.
See my reviews for the NZ Herald here and for Witchdoctor here.


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Home News Prominent Community Volunteer, Businessman Richard Coons, Dies at 73
Prominent Community Volunteer, Businessman Richard Coons, Dies at 73
Richard Coons
Rep. Barbara Marumoto, who is retiring this year after decades in the Hawaii House of Representatives, lost her husband Richard A. Coons on November 22.
Coons, 73, a former Managing Partner of the Hawaii office of Deloitte & Touche LLP, suffered a heart attack in Vancouver, Canada en route to an annual fishing trip. He succumbed to his condition several months later at Queens Medical Center in Hawaii.
In 2008, the Hawaii Society of Certified Public Accountants named Coons to its first Legacy Hall of Fame. He was appointed by the Chief Justice to four terms on the Disciplinary Board of the Hawaii Supreme Court. Most recently he served on the Screening Committee to assist in the selection process of Kamehameha Schools' Board of Trustees.
Coons was born in Oklahoma, raised in Nebraska and California. He was a graduate of California State University at Long Beach. At age 28, he merged his Santa Rosa, California CPA practice with Touche Ross & Company becoming a relatively young partner in a "Big 8" national CPA firm. While with Touche Ross he moved to Hawaii in 1974 to become the Managing Partner. The firm later became Deloitte & Touche LLP.
He was a past president of Historic Hawai'i Foundation, a member of Rotary International, 200 Club, National Rifle Association, Aloha Shriners, Republican Party, Outrigger Canoe Club and Waialae Baptist Church.
He is survived by his wife, Barbara Marumoto-Coons, sons, Theodore L. Coons and Charles R. Coons, step-children Marshall T. Marumoto, Jay M. Marumoto, M.D., Wendy Suite, Megan T. Marumoto, M.D., one granddaughter and 7 step-grandchildren. Friends will remember him as honest, rather reserved, with a good sense of humor. He enjoyed horseback riding, tennis, sailing, and fishing.
Services will be held at Waialae Baptist Church on Saturday, December 15. Visitation will start at 3 p.m. with services at 4 p.m. Aloha attire recommended. A private burial will be held at a later date. Memorial donations can be made to HUGS or Waialae Baptist Church.
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Beverly amaral November 27, 2012 at 8:15 pm
My sincerest condolences to Barbara Marumoto and family….God Bless
Gayle Nakama November 28, 2012 at 8:21 am
Condolences to Barb! Hugs:)
Carolyn Shimmin December 3, 2012 at 12:47 pm
Condolences from a Crosby cousin, raised in Nebraska with Richard.
Lucille Lehn December 3, 2012 at 2:01 pm
Condolences from his Aunt Lucille Crosby Lehn
Elaine Crosby Cox December 5, 2012 at 6:31 am
Our sympathy to Barbara, Ted, Charlie and the whole family and the many friends of cousin, Richard. I have a beautiful picture in my mind of Richard as a young boy on his Nebraska paint horse, Comet. He will be missed by all of us!
Bill Pieper December 10, 2012 at 11:01 am
RAC, as we called him, was a tough but fair boss, an excellent mentor and a dear friend. God bless you Barbara, Ted, Charlie and family.


The Philippine Institute for Development Studies (PIDS) has urged the government to review its imposition of taxes on insurance and other financial services, arguing that these taxes may discourage investment in the economy.
The state-run think-tank released a policy note titled 'Taxation in Financial Services under TRAIN', which discusses the new taxes levied by the government on insurance, banking, and equities under the Tax Reform for Acceleration and Inclusion (TRAIN) Law that came into effect in 2018 and overhauled the country's taxation system.
In the note, PIDS argued that higher taxes imposed on financial services have led to transaction costs from financial companies. These higher costs may lead to investors deciding against investing in the Philippines and choosing to invest in other Southeast Asian countries instead, a report by the Philippine Star said.
The TRAIN Law raised the documentary stamp tax (DST) on insurance products and other financial products and transactions by up to double previous levels.
"The cost may drive down demand for non-life insurance and discourage the entry of investors in this particular sector," it added.


Submitted by App Samurai Inc.
Probably every user acquisition manager's nightmare is the lack of campaign measurement. A multi channel advertising strategy involving different platforms and ad networks requires a lot of manual work in order to calculate Return on Advertising Spend (ROAS) for those channels you employ. This is essential for determining which traffic provider is supplying the most active/engaging/profitable users. Every source needs to be benchmarked on user behaviour and the calculated lifetime value (LTV). The sources with higher scores obtain higher advertising spend.
To operate a successful mobile app operation an analytics and tracking tool is essential. Mobile Measurement Platforms or MMPs enable app publishers and advertisers to track every impression, click, install and in-app event and attribute each install to a corresponding click. When the source of the click is known and the install attributed ROAS can be calculated. MMPs do tracking and attribution very well as this is their core competency. They are the accountants of the mobile advertising market.
You need MMPs to track your campaigns; but trusting their attribution data alone is not a wise move. This is because of mobile ad fraud.
Mobile ad fraud can render attribution data inaccurate or misleading. Although what MMPs do includes complex data processing, what they are essentially doing is basic: attributing installs with correct ad clicks; if there is none, then the install is deemed to be an organic one. For the cases where users click several different ads over time, MMPs employ a technique called "last click attribution" and the last click before the install occurred wins. The install is attributed to that last click and ad network and publisher that provided that click is subsequently rewarded.
Sending large numbers of fraudulent click reports in the hope of delivering the last click prior to install (click flooding or click spamming).
Spoofing the attribution tool SDKs by creating a bot that hides on an app and generates a number of simulated clicks, installs and post install events that are pinged to the MMPs server (SDK spoofing).
All these techniques are designed to manipulate an MMPs attribution system with the result of many organic installs being wrongly attributed to fraudsters which means the advertiser has to pay the fraudulent source for a user they probably didn't need to pay for. These false signals cause disruption to marketing strategies as organic installs are under reported and more budget is unnecessarily wasted on paid channels.
For a user acquisition manager not being able to rely on or trust data that is being generated from UA campaign is disheartening. Imagine you acquired 1K users and 500 of them are bots. Their in-app engagement will be half of what it actually should be. For example; if you are expecting 20% Day7 Retention Rate (RR) it will in reality become 10%.
Imagine you have acquired 1K users but 500 of them are organic but falsely attributed. Although organic users often have higher engagement levels you shouldn't have had to pay for these users.
Imagine you wanted to acquire 1K users and an SDK Spoofer greedily sends you 5K installs. You will see no in-app engagement (even if they spoof the engagement, it will not be real and generate revenue). Even worse; if you stop the campaign when you reach your cap of 1K installs, SDK Spoofer continues to send the installs and now you think you have 4K organic installs with no in-app engagement. If this case is a soft-launch before a real campaign, so that you can monitor Retention Rate (RR) and calculate Lifetime Value (LTV), good luck clearing the data.
This is actually a real case we have faced when we soft-launched an app and ended up seeing 12K fake organic installs with 0% RR because of SDK Spoofing. It caused us a tremendous work to identify fraudulent installs and clear our data.
MMPs are required to track your campaigns; but as soon as there is fraud in advertising, we cannot trust the sole attribution data we see on their dashboards; because they are the ones who have been duped by the fraudsters.
The biggest players include app owners whose apps generate millions of downloads and billions of clicks and ad networks that work with legitimate advertisers and publishers. This allows them to understand and manipulate attribution mechanics.
Fraudulent networks have their SDKs in thousands of apps giving access to millions of real devices. They have information on thousands of active ad campaigns. They know about advertisers and they monitor real users. By day they could well be legitimate players driving value for the market. By night they behave like gangsters stealing from bona fide participants in the app economy.
For a UA Manager a dedicated anti-fraud solution offers the best defence to mobile ad fraud and keeps marketing data clean and actionable. Fraud prevention platforms look for click and install patterns and anomalies in user behaviour to differentiate real installs from fake ones. Most anti-fraud tools provide post install reports and provide scoring systems. Some allow you to reject installs in near real-time to prevent you from paying for the installs.
With Interceptd we offer more than this. We aim to help advertisers identify the best channels to spend their money, shield and protect their marketing data and increase the profitability of their app with better ROAS.
Interceptd is not an attribution platform so there is no conflict of interest. We are an independent auditor dedicated to intercepting fraud attempts handling thousands of impressions per second each of which helps the platform learn and become more efficient.
The biggest challenge anti-fraud tools face is to falsely accuse a real click as fraud (false-positive), or not blocking a fraudulent install (false negative). This is where UA managers have to be careful when selecting which anti-fraud solution they choose to work with. Spoiler alert: it is not MMP's own anti-fraud solutions.
MMPs get fooled by fraudsters. If an MMP has an anti-fraud detection system, it should be included in their core attribution service. UA managers trust MMPs to identify the source of each install.
If attribution tools know that a particular install is not legitimate but attributes it anyway and then requests that the customer pay extra to be told it wasn't in fact a legitimate install then that doesn't seem entirely ethical.
False-negatives are in favour of an MMP's business model. MMPs charge their customers based on the number of attributed installs so rejecting fraudulent installs decreases this number. Imagine receiving 100% fraudulent installs on your campaign. Do you think your MMP will be happy to inform you of this and not charge you for that campaign?
As mentioned earlier some fraudsters are app publishers that also need attribution services. Surely it is a red flag situation and a potential conflict of interest. It is not in any MMP's interest to lose their biggest customers even though they are also one of the biggest fraud generators.
MMPs rely on ad networks who are also culpable to receive clicks to be attributed later. It is not in the MMP's interest to call to account the offending ad network who will undoubtedly threaten to limit traffic for future campaigns using that MMP.
All parties in the app ecosystem; Advertisers, publishers and ad networks are all affected by ad fraud. Legitimate ad networks see performance suffer and cannot optimise their sources towards campaign targets. Legitimate publisher apps get clicks stolen from them. Advertisers pay for non-existing users or paying for organic downloads. As a result, everyone's marketing data is a mess.
You are trusting MMPs to track your data You pay or get paid based on their data. They are the accountants of every player but note that an accountant cannot be its own auditor.


Works with other members of the research services staff to provide daily database management and integrity. He/she is also responsible for conducting market analysis, research and reporting for the Transaction, Corporate and Institutional Services Groups.
* Participates in establishing procedures for acquiring, entering and verifying real estate marketing data related to properties, listings, tenants and comparable transactions for all divisions covered by the district offices.
* Maintains the market data integrity used in the research function, which includes overseeing data collection, data input/verification and review, by salespeople.
* Responsible for addressing issues of data quality and will maintain a policy of data security both within and outside the office.
* Responsible for the aggregation, analysis, interpretation, and reporting of market research data through internal and outside sources.
* Works closely with associates to address their research needs and formulates text and graphics for regular market information reports.
* Monitors the research capabilities of local market competition.
* Understands all software programs used within the research function.
* Researches and recommends new programs for the maintenance of research information.
* Participates in evaluating new sources and existing products.
* Understands all purchased research-related data sources including but not limited to, tax record information, ownership information and tenant prospect databases.
* Thorough knowledge of all operations performed by staff members of the client services function and. May assist in training new staff.
* Assists in training interns and brokers / sales staff in Company software programs.
* Promote the research function and its capabilities to the brokers / sales staff.
* Comply with Corporate mandates of reporting appropriate market statistics to corporate personnel and will work with Corporate Research staff to obtain appropriate answers to research questions.
* Coordinate requests and responses between the local office and Company resources.
* Maintains the research reference library, including periodicals, reference publications, reference software, plat maps, property brochure files and research files.
* Research and recommend new subscriptions, prepare related invoices and provide input on subscriptions to the Client Services Manager or District manager for use in developing annual budgets.
* Attends all divisional specialty meetings and presented relative research activities.
* Participates in establishing an annual research business plan with the Client Services Manager/District Manager.
* Conducts and executes Web searches for pertinent data and information related to research and analysis of local, regional and national trends that influence the commercial real estate market.
* Bachelor's degree (preferably in economics, real estate, finance, urban planning or business administration).
* Minimum 2-3 years professional experience in real estate analysis, market research or related field.
* Extensive database and project management experience.
* Project and staff management experience.
* Strong analytical, writing and communication skills.
* Strong organizational and multi-tasking skills.
* Industry leading Parental Leave Policy (up to 16 weeks).
* Bright Horizons back-up care program.
* Opportunities to network and connect.


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A few decades after the pioneers settled in the Salt Lake area, mattresses were being produced by Salt Lake Mattress & Mfg. Company. The first mattresses were stuffed with horse hair, shredded rags, moss, cotton, feathers and kapok. The mattresses were small, thin ancestors of today's luxurious products.
The founder, Fredrick Eberhardt, incorporated the business in 1892, four years before Utah became the 45th state in the country. He was the eighth of 11 children born to German immigrants who settled in Wisconsin. Eberhardt was lured to Utah by the mining boom but soon abandoned his dreams of "getting rich quick" and fell back on furniture making, a craft he had honed in his youth. He created a wire making operation to be used in his products. He made springs, link springs and with other natural raw materials created the Sunset brand of bedding the company continues to make today.
Fredrick's son, Alexander, grew the business, and in the early 1930's was instrumental in obtaining Serta Mattress stock and the franchise to make Serta Mattress products for the intermountain west's growing population. Alexander's sons, John and James, successfully introduced various types of foam cushioning into the product specifications and with astute marketing and advertising, substantially grew their business into the 1980's.
In 1985 the company was sold to the Crowther family where it continues to provide Serta bedding, the number one brand in America, and Sunset brand bedding that provide promotional products as well as high-end luxurious bedding.
The company is dedicated to its customers and consumers. For over 140 years it has been creating comfortable sleeping surfaces to enhance sleep for millions.
Interested in becoming a retailer?
Copyright © 2022 Salt Lake Mattress & Mfg. Co. All rights reserved.


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UK job ads rise, one in five still furloughed: ONS
Based on figures from jobs website Adzuna, in the week ending Feb. 26, online job adverts were at 86% of their level in the same week last year, an increase of five percentage points from two weeks earlier, the Office for National Statistics said.
It also said 19% of the workforce of all businesses were furloughed, broadly unchanged from 20% in a previous survey.
LONDON: A measure of job vacancies in Britain showed an improvement in late February but around one in five workers remained on the government's job furlough scheme, data published on Thursday showed.
(Writing by William Schomberg, editing by William James)
William Schomberg
Office for National Statistics


The Grand Prize winners of the 2018 Melbourne International Chamber Music Competition demonstrate their finely-honed ensemble skills.
The Melbourne International Chamber Music Competition is one of the world's finest. Presented in 2018 by Musica Viva and partners, under the artistic direction of Wilma Smith, MICMC is a springboard to success for the best young string quartets and piano trios from all over the world.
As part of their prizes, the winners of this prestigious competition are offered a series of engagements in Australia, including this concert.


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Triosphere – The Road Less Traveled (AFM Records)
Tuesday, 19th March 2013 By David E. Gehlke
What is this? Smart, savvy, free-of-pretense progressive metal? And it's from Norway? Sweet Jebus, what is the world coming to?
The Road Less Travelled is the band's second album, demonstrating a degree of songwriting know-how and intuitiveness that hasn't been displayed by young band in quite some time. Seriously, the bulk of these songs virtually smear the works of prog/power metal veterans that have been doing this for much longer. Think of a more finely-tuned Lost Horizon, minus the pomp and necessity for long songs. But it's not power metal, nor is it strict, to-the-book progressive metal either.
Key to the band's success is singer/bassist Ida Haukland, who has a rafter-reaching range, one that he carefully pushes in spots to staggering effect. Case in point, the pre-chorus in "The Anger and the Silent Remorse," where the woman (hard to believe; we know) lends some masterful harmonies to the proceedings; same for "Marionette" and "Watcher." There's just a litany of massive, king-sized hooks here that are hard to deny.
Musically, hats off to guitar players Marius Silver Bergesen and T.O. Byberg, both of whom display a penchant for melodically-refined chord choices and to-the-gut riffs. Neither player over-extends themselves, preferring for simpler conducts during "21" and "World's Apart."
A certified Top-10 of 2010 candidate for this scribe, The Road Less Travelled is one of those rare finds from a band no one knows about…yet. And if we were to have any kind of mission for this year, it would be to make people known about Triosphere. With any luck, we're looking at the future of power/progressive metal right in front of our faces.
www.myspace.com/triosphere
(This content originally appeared on Blistering.com)
Dead Rhetoric.com Week in Review November 30 – December 6, 2014
Triosphere – Just Doing What They Love
Dead Rhetoric.com Week in Review: October 19, 2014 – October 25, 2014
Triosphere – The Heart of the Matter (AFM Records)
TRIOSPHERE Commences Recording New Album
Stellar Death – Light Breaking Through
Nervosa – Swirling in Chaos
January 2021 Rapid Fires
Colossus – Degenesis (Comatose)
Infected Humans – Unexpected Traumatic Experiences (Gore House)
Winterage – The Inheritance of Beauty (Scarlet Records)
Eximperitus – Sahrartu (Willowtip)
Olÿphant – Destinies of the Soul (Self-Released)
RPM Fest 2019 – August 30 – September 1, 2019 – Millers Falls Rod and Gun Club, Montague, MA
Stitched Up Heart/Kaleido – November 22, 2019 – Dingbatz, Clifton, NJ
Jinjer – October 2, 2019 – Gramercy Theatre, New York City, NY
Antichrist – March 2, 2019 – The Abyss Festival, Gothenburg, Sweden
© 2013 - 2021 deadrhetoric.com


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"We don't stop playing because we grow old;
FOX in a BOX is a global brand of Escape Rooms.
23 LOCATIONS ON 4 CONTINENTS
Fox in a Box opened the doors of its first real life escape room in 2013, in Vienna, Austria. Today, we are among the leading real life escape franchises in the world with a network stretching across 4 continents with over 30 locations. Our exclusive showrooms are located in Stockholm (Sweden) and Vienna (Austria) and our Research & Development Center is located in Serbia.
Our goal is not only to be the best real life escape company on the market, but to have the Fox in a Box brand become a synonym for real life escape games.
As a passionate, creative and reliable team, we are dedicated to providing business owners with the strong branding, know-how and support that are necessary to run a successful company. We are proud to offer the best value to our franchise partners, while building strong bonds and growing together in the competitive escape game market.
We invite you to become an important part of a great and fast growing company that is changing the face of entertainment forever!
7 unique escape rooms
At the moment we have 7 different live escape rooms with various themes. All of them are original, developed by our game designers, tested in the R&D center and on the locations we own, before they are distributed to franchisees. We make sure that the product you are buying will be functional and loved by the public.
THE BANK JOB
You are thieves trying to rob a bank.
You are a team of secret agents during the Cold War trying to save the world by stopping a launch of nuclear missiles
You are in a prison, you need to escape.
ZOMBIE LAB
You are scientists working on a cure for a virus that turned most of world's population into mindless zombies.
Parallel dimensions are no longer just theory. You must venture through a portal into a dark parallel world to recover a sacred relic before it is too late. Can you bring it back to Earth from the other side in time, or will you let our world descend into eternal darkness?!
TESLA'S MYSTERY
Back in 1943 Nikola Tesla died in the New Yorker hotel and after his death the FBI confiscated everything he had in this room. You have been invited by Tesla just before he died to find his last invention and share it with mankind instead.
ZODIAC KILLER
You have been kidnapped by a serial killer who kills in the same fashion as the infamous Zodiac Killer. You have one hour to escape with your life!
We are proud to announce the arrival of two brand new games to the Fox in a Box offer!
Soon you will have a chance to go back to your childhood in our candy factory and try to make the next giant leap for mankind by surviving a Mission in space!
EASY TO START
Our franchise network already has more than 30 locations all around the world. We will help you and guide you from the very start; assisting you with finding the right location, adapting it, promoting it and of course building the rooms and training your staff. It only takes 2 to 3 months to set up a business in a new location.
LOW ENTRY FEE
We believe that we should grow together, that is why we made a very low entry fee which includes all the special games and equipment you need. This allows partners to set up their location as fast as possible.
We charge you a fixed percentage commission on a monthly basis. In return you are getting a lot of support from our side (e.g. website, booking system, IT support, marketing strategy and training, services of a designer, etc).
FREE INSTALLATION SUPERVISION
We will ship the games of your choice to you, once you receive them we will send an expert who will supervise your build and help you install the games.
We provide free training by our game master trainer at your location before the opening. You will be trained how to use the website, booking system and of course how to run the games.
Our marketing team has prepared everything you need to successfully start your business, grow it, and spice it up with creative ideas and solutions. Our company has qualified marketing support team helping our franchise partners with fresh and exciting materials that you can use every day.
Becoming our partner gives you an opportunity to become part of a large and well established brand and reap all the benefits of doing so. The Fox in a Box brand provides customer recognition and a competitive edge in the market, as well as easy introduction of new tried and tested games at your location.
Fox in a Box provides an opportunity to further develop your business with our additional products. The Learning Map is our branded board game for improving communication skills in a creative and entertaining way. The Chest of Forgotten Legends is a puzzle packed treasure chest that is not only fun and exciting, but educational as well. Last but not least, we have the Final Exam game, a custom-made cabinet containing all the puzzles and props necessary for a pop-up escape room experience at a client's location. All three games are portable and great for social and corporate events, and allow you to expand your business outside of your location!
CORPORATE / TEAM BUILDING EVENTS
The escape room business model also allows you to target corporate clients. Escaping a room demands problem-solving skills and critical thinking under pressure, which are key employee attributes for a fast paced work environment. Furthermore, escape rooms boost employee bonding and communication through teamwork and fun. Not only can you accommodate for smaller business teams to play at your location, but our portable games allow you to cover large corporate team building events at a client's location for up to 100 people!
Gabor Cseh
Attila Cseh
Bob Melkus
Creativ Director
Milana Femic
Chris Jimerson
Franchise Director
Stefan Suknjaja
Iva Kiss
Branko Maricic
Game Master Trainer
Violet Savic
Zoltan Almasi
Zoltan Csuvik
Zdravko Knezevic
Head of Production
Gábor Tóth
Head of Web Development
Erika Birtha
Sasa Nadrijanski
Srdjan Srdjanov
For further information please
franchise@foxinabox.re
© Fox in a Box Holding AB 2015 ALL RIGHTS RESERVED.
Fox in a Box - Chicago
info@foxinaboxchicago.com
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Vincent Rubino


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A clean, well-lighted place for original reporting -- and an annex to my website, MedFraud
You have the soul of an investigative reporter - Rhonda Schwartz, ABC News Senior Investigative Producer
Federal lawsuit filed against IL Attorney General Lisa Madigan, State's Attormey Anita Alvarez, Sheriff Tom Dart, and others by Annabel Melongo, who spent 20 months in Cook County Jail on dubious "eavesdropping" charges
Annabel Melongo of Chicago, who since 2006 has been fighting a string of dubious criminal charges, is kicking back in federal court with a wide-ranging civil rights lawsuit.
As Sidebar readers know, Melongo's troubles began in October 2006 when she was arrested for allegedly destroying the computer files of the nonprofit Save-A-Life Foundation (SALF), whose employment she'd left months before.
Two weeks after her arrest, SALF was the subject of the first of dozens of broadcast and print exposes. And since 2010 SALF has reportedly been under investigation by the IL Attorney General for the "possible $9 million misappropriation" of federal and state funds.
Melongo filed her federal case in July, but I only got wind of it today via IllinoisCorruption.net, a website that chronicles her legal travails, including, per reporter Mark Guarino in the Christian Science Monitor, a 20-month jail stretch "for recording phone conversations with a county clerk."
Except for two sentences in a Sun-Times column by Carol Marin and an interview I did last year with a Rockford print weekly, Melongo's plight has been completely ignored by Illinois media.
Meanwhile, the NBC affiliate in Terre Haute, Indiana, thought her case was worth a two-night investigative report and the Reporters Committee for Freedom of the Press has also been on the story.
Annabel K. Melongo screenshot from NBC2 Terre Haute I-Team report
It's a complicated case that's been going on for over seven years, but the federal complaint includes a very readable blow-by-blow description. Click here to download a copy.
Here's the bare bones:
Per the case docket (accessed December 12), here's her attorney (a partner at Jones Day's Chicago office):
This item has been updated.
Posted by Peter M. Heimlich at 6:14 PM
Labels: anita alvarez, annabel melongo, attorney general, cook county state's attorney, jones day, lisa madigan, michael sennett, robert podlasek, save a life foundation, tom dart
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Peter M. Heimlich
For a detailed bio and contact info, click here.
In Spring 2002, my wife Karen and I began researching the career of my father, Henry J. Heimlich MD, famous for "the Heimlich maneuver." To our astonishment, we uncovered a remarkable unseen history of fraud which exposed dad as a remarkable and dangerous medical charlatan and con man.
Since Spring 2003, our research into my dad's career and other subjects has been the basis for hundreds of mainstream print and broadcast media reports.
Via my blog, since 2010 I've done original document-based reporting, mostly about fraud and/or ethical misconduct. (A reporter at a New Jersey newspaper called me "an investigative blogger.")
Newsworthy tips are always welcome. E-mails marked "confidential" will be treated with the utmost discretion.
Broken links, missing videos, or other errors? Please drop me a line..
IL Supreme Court scheduled to hear State's appeal ...
Federal lawsuit filed against IL Attorney General ...
Dept. of Corrections: Will the Pittsburgh Post-Gaz...
Joint letter from me & Gordon Pratt -- whose daugh...


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History knows Harry Longabaugh as the Sundance Kid's real name. (It was so stated in the Academy Award movie of 1969 also.) Our family members are smiling often right now because, History is about to be changed!
Our project of discovery, is to document the "true identity of The Sundance Kid". It all started in 2004 when the first "major clue" surfaced at a family reunion in a rural ranching community of Fremont Utah.
While visiting with family members and a great deal of story telling of our ancestors, "a single picture" surfaced from one of the great nieces of our Great Grandfather, Bill Long. The picture was passed around for all to see.
It wasn't until the picture was viewed by Jerry Nickle, (a great grandson of Bill Long), that "something came over" Jerry! It was more than a warm feeling of seeing his great grandfather's face for the first time, more than a cold chill down his spine and far more than a hunch; it was more like, "a voice from the past grabbed Jerry and yelled, "it's time boy, who am I?"
Everyone in our family knew that our great grandpa Long was an outlaw of some sort; nobody really knew for sure what grandpa Long's outlaw doings, really were.
Jerry seemed flabergasted. He couldn't seem to put the picture down, he couldn't shake the image. His mind was racing because he had seen a much circulated Picture of 5 cowboys from 1900 and one of them looked just like our great grandfather.
This is how the quest to find the real "The Real Sundance Kid" started. Jerry took the Picture home with him to Arizona and compared it, to the Historic Record Picture of the famous Fort Worth Five. (Butch Cassidy, the Sundance Kid, and 3 other Cassidy gang members.
Jerry was, to say the least, way past excited with questions; is this possible, could it be, is that my great grandfather sitting with Butch Cassidy?
The Law was the first to use this Photo to identify some of the Wild Bunch Gang and, our Forensic Examiners used it 112 years later to identify the real Sundance Kid.
Jerry didn't just wonder about it, he took the bull by the horns and set out on a mission to prove his hunch!
He took both pictures to forensic scientists in Salt Lake City Utah for analysis. There he got his first real life altering support. The preliminary reports came back from the lab, "the pictures MATCHED"!
Great Grandpa Bill Long's remains have been exhumed for DNA and Forensic facial identification not only once...but twice over the past 5 years! Both times with court approval.
Reports from leading antropologists concured that pictures, of Bill Long and pictures of The Sundance Kid are the same person! ("The testimony alone of these expert witnesses on facial and photographic evidence, can send a man to prison. How's that for nailing down an identification?) And they said, "Bill Long is The Sundance Kid"!
Needless to say we were excited however, we didn't stop there. We started on an "all out man hunt" to gather DNA samples from known descendants of Harry Longabaugh. (The plot thickens).
We hired private investigators in several states to track down his descendants. Once we located them, we had to convince them to give us DNA samples! Not so easy in this day and age of identity theft!
I would love to tell you that the DNA testing put the whole mystery to bed but, it couldn't be farther from the truth! The DNA proved…….well, your just going to have to wait for the TV show and Documentary.
This is why we posted our project on Kickstarter; we are asking for your genrious support to put this amazing discovery into an ongoing TV series; "Outlaw Stories of the Wild West" and a full disclosure Documentary to share with the world!
One last thing from the forensic reports on Bill Long's death.........HE WAS MURDERED ! What the….? Yes, that's the kind of suspense, drama, and intrigue that has kept our investigation team going for the past 8 years!
Forensic guys doin what they do at the Duchesne Utah cemetery. Yes you are lookin at the remains of The Sundance Kid!
We have in our possession, all of our research, detective files, video and photo evidence ready to share including, over 60 hours of professional film ready for editing which we plan to use in the "pilot" episode of our TV series and documentary.
We have been asked by "The Network Guys"; that's cowboy for, the Cable TV Networks. They want us to put together our story for a "pilot episode" that is ready for broadcast. Not something for Youtube, a real, professional, edited, spit and shine TV Pilot!
We have been filming all the details/events as we progressed for the past 8 years.We have a few more weeks of filming to complete the pilot episode, all the shots that tie everything together now that we know how this ends, then we are off to post production.
There is still a lot of editing that is needed to show the forensic data as it relates to the skeletal remains of Bill Long aka The Sundance Kid.
At the completion of this Kickstarter project we will finally be finished with a very long 8 year journey to solve, the 120 year mystery of the true identity, of The Sundance Kid.
(Jerry also has a complete Movie Screenplay completed).
Thanks for reading our request for your support.
Please feel free to contact us at any of the below media sites...and again Thank YOU! Thank YOU! Thank YOU!
West Taylor……… and all of the descendants of the Sundance Kid.
Extreme Outlaw Rides....the guys that did all the horse stuff for us.
All of us that are involved with Jerry's discovery wanted to provide a reward to the contributors that would really be, a great value. The below video is some footage of our "Once in a lifetime Reward". the Trip to Robbers Roost!
The Reward, of all Rewards...A trip to Robbers Roost!!
Authentic Sand and Spring Water from Robbers Roost.
If your somehow are not overly excited about the opportunity to spend some time out "in the Roost" just yet; watch the video below and schedule your time off to spend in the Roost with, Wild West Taylor!
This is the first "pilot" (below video) episode me, my wife, and my two sons Vance and Swade put together to send to the "Network Guys" that started the whole TV show idea...Video was all shot with GoPro camera and IPhones...My family had a bunch of fun filming this...The part where I am riding my horse through the brush and snow the GoPro camera was suctioned cup to the passenger side window of our old farm truck (91 dodge diesel pick up), my 15 year old son Vance was driving...I told him to keep me in his view out the window and not run me over!
Winemucca Bank Robbery Reward, commissioned wanted poster of you.
#8 Bill Long Reward has an 11X14 and the #5 Cowpuncher Reward has an 8X10 gallery wrapped Faux Canvas Photograph of stunt cowboy from filming. It will look something like this.
Well, most of our risks and challenges have been handled at this stage in the project. From court orders to exhuming a body for DNA and Forensic evidence to exploring the most remote hideouts used by these outlaws....handled!
Right now getting our project into post and final editing is at hand. We have all our evidence, nearly all of the filming completed. Our production/filming partner has been with us from the start in 2007. Our only challenge now is obtaining the funds to put the final sizzle into the Pilot and the editing!
DVD of finished Documentary Bringing Sundance Home plus a way cool hat with Outlaw logo. Plus awesome Rewards 1 and 2.
DVD of the Documentary Bringing Sundance Home, way cool T-shirt and 8X10 gallery wrapped Faux Canvas Photograph of stunt cowboy from filming. Plus awesome Rewards 1 and 2!!
DVD of the Documentary Bringing Sundance Home, PLUS a DVD of the Pilot Episode of the TV show Outlaw Stories of the Wild West, Plus I (West Taylor) will personally get you a small bottle of sand from Robbers Roost Outlaw Campsite! And I will also personally get you a bottle of spring water from the Outlaw Spring at Robbers Roost!!! (none of your friends will have any of these, unless they contributed as well :) Plus Rewards 1,2 and 3!
See the video at bottom of this page for more info .
Have your name listed in the credits as Producer of either the Documentary or the Pilot Episode!!
Coffee Table book of behind the scenes filming. This will be a major conversation piece in any home,office or jail cell :) Plus, a hard copy of the book, "Bringing Sundance Home-The Real Sundance Kid, My Great Grand Father by Jerry Nickle, Plus Plus, a DVD of the Pilot Episode Outlaw Stories of the Wild West, Plus Plus Plus awesome Rewards 1,2,3, and 4!
Also get a DVD of the Documentary Bringing Sundance Home, PLUS a DVD of the Pilot Episode of the TV show Outlaw Stories of the Wild West, Plus I (West Taylor) will personally get you a small bottle of sand from Robbers Roost Outlaw Campsite! And I will also personally get you a bottle of spring water from the Outlaw Spring at Robbers Roost!!! (none of your friends will have any of these, unless they contributed as well :) see video below :) Plus Rewards 1,2 and 3! Transportation, lodging, meals not included.
Coffee Table book autographed by the Great Grandson of the Sundance Kid..Jerry Nickel, and 11X14 gallery wrapped Faux Canvas Photograph of stunt cowboy from filming..(see image below). We will also add autographs from the crew, this will make their day! Plus awesome Rewards 1,2,3, and 4! BONUS REWARD also receive a DVD of the Pilot Episode of the TV show Outlaw Stories of the Wild West!
Commissioned wanted poster of you! This one of a kind piece of art will be completed by our commissioned outlaw artist, Kami Taylor. Your face will be in the wanted poster as a known associate of The Wild Bunch and Sundance Kid! How cool is that!! Plus awesome Rewards 1,2,3, and 4! BONUS REWARD also receive a DVD of the Pilot Episode of the TV show Outlaw Stories of the Wild West!
Two tickets to the premier showing of the Documentary, Plus the Premier of the pilot episode of the TV show Outlaw Stories of the Wild West! Includes dinner for two as well, not just any dinner....Dutch Oven Taters, Mutton and all the trimmings!. Get this...the premier of the documentary is not going to be at some theater in town...nope...were goin OUTLAW style..the premier is on location at Robbers Roost!! Yes you will be watching the premier in the exact area that the outlaws hide out from the law!! Imagine yourself sitting comfortably around a campfire while watching the Documentary Bringing Sundance Home and the Pilot Episode! Look to your right and to your left,,,you may just be sitting next to the great grandson of the Sundance Kid, Yes he will be there to answer any questions and even tell a few outlaw stories! Plus awesome Rewards 1,2,3 and 4! BONUS REWARD also receive a DVD of the Pilot Episode of the TV show Outlaw Stories of the Wild West!
Transportation and lodging not included.
Giclee print on canvas (24x36) of the famous Ft. Worth Five. The actual photograph of the Ft. Worth Five was key in our photo/facial investigation and discovery of the identity of The Sundance Kid. We will only make as many copies of this original oil piece as we have contributors, so each Giclee print of the original oil painting will be signed by the artist and numbered 1 through 25! You will also get an autographed hard copy of the book "Bringing Sundance Home The Real Sundance Kid My Great Grandfather" by the great grandson of the Sundance Kid, Jerry Nickel. Plus awesome Rewards 1,2,3, and 4! BONUS REWARD also receive a DVD of the Pilot Episode of the TV show Outlaw Stories of the Wild West!
A two day two night driving tour for two of Sundances home town area located in Southern Utah, Fremont Utah to be exact! This is where he had his wife and kids hid out on his small ranch. We will take you to see sites like, Paradise ranch where Sundance was hired to break wild horses, Sundances old ranch homestead, Allred Point, Sundance's name carved in stone near Capitol Reef National Park, the tour just would not be complete without a day trip out to Robbers Roost! See the trails, mountains and wide open spaces that the Outlaws rode! plus alot more!! Authentic dutch oven dinner provided each night around a campfire at the Wild West Mustang Ranch in Fremont Utah. Transportation to and from area and Lodging not included. Plus awesome Rewards 1,2,3 and 4! BONUS REWARD also receive a DVD of the Pilot Episode of the TV show Outlaw Stories of the Wild West!
Historical info....George Armstrong Chappel is my (West Taylor) great, great grandfather...So my great great grandfather, as Sheriff of Wayne County Utah was chasing my friend (Jerry Nickle) great grandfather the Sundance Kid...Just to make things right I may have to arrest Jerry the next time he is in Wayne County!!
The reward of all rewards....a 3 day 3 night extreme backcountry horse ride for two into the exact winter campsite of the Wild Bunch in 1897! Our research and many trips out into Robbers Roost have uncovered the original outlaw campsite!! Its not listed on any map! The only way you will see this site is being on this ride! See Fortress canyon where the outlaws would jump their horses off a cliff to escape capture from the posse! Sit and have lunch at "outlaw spring" this is the exact spring the outlaws used to survive in this extreme remote region. This reward is for those of you looking for a once in a lifetime adventure, bring your own horse or invite a friend who has horses,,,Dinner is provided around the campfire each evening with plenty of time for outlaw story telling..
BONUS REWARD also receive a DVD of the Pilot Episode of the TV show Outlaw Stories of the Wild West!
Plus awesome Rewards 1,2,3 and 4! We wanted to make sure you were properly rewarded!!
Check out the VIDEO at the bottom of this page for more info on this reward!
Same Extreme Backcountry horse ride as in the Robbers Roost reward...a 3 day 3 night extreme backcountry horse ride Only you get a private experience!! Bring yourself and 3 of your closest friends (if ya have a few more friends I am sure we can work something out) on a Ride of a lifetime into Robbers Roost!! (horses not included, invite your friends who have horses if you don't have any) Not all by yourself...I mean,, I will be there with ya to tell stories and show you the sites,,,one on one with West Taylor.