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Antitrust and patent law meet again
Continental Automotive Systems, Inc. v. Avanci, LLC, et al., No. 3:19-cv-02933-M
(ND Tex. Sept. 10, 2020)
Richard S. Zembek
Daniel Scott Leventhal
Anne M. Rodgers
Talbot Hansum
United States | Publication | September 17, 2020
The intersection of competition laws and licensing Standard Essential Patents (SEPs) remains both a hotly litigated area and one that has drawn the attention of regulators. Chief Judge Barbara Lynn of the Northern District of Texas recently addressed allegations of antitrust violations against an SEP licensing pool and its individual licensors, after the Department of Justice submitted an amicus brief regarding these issues. The Court's decision provides important guidance defining the contours of SEP licensing and the reach of US antitrust laws.
Continental Automotive Systems—a provider of control units that enable cars to communicate using 2G, 3G, and/or 4G cellular technology—sued the Avanci patent pool and several of its individual licensors (collectively, "Defendants") claiming Defendants: (1) refused to license SEPs to Continental despite commitments made to standard bodies to license their SEPs on Fair, Reasonable, and Non-Discriminatory ("FRAND") terms; and (2) charged Continental's downstream customers—automobile manufacturers ("OEMs")—non-FRAND rates, violating Sherman Act §§ 1 and 2. Continental argued Avanci's royalty rates were excessive because Avanci sought as much as US$15 per finished automobile, while the chip within Continental's control units that enabled cellular connectivity costs US$20 or less. Continental further claimed it was injured by Defendants' refusal to license SEPs and by the possibility that OEMs would seek indemnity for Avanci's "excessive" royalties.
The gist of Continental's antitrust claim was that the Avanci licensing pool was a horizontal agreement among competitors to charge non-FRAND terms. Defendants moved to dismiss the complaint for, among other reasons, lack of Article III and antitrust standing and failure to state a claim. Continuing a recent trend, the DOJ filed an amicus brief stating that Continental's complaint failed to state a harm to the competitive process, which was fatal to its purported antitrust claims.
Despite finding Article III standing, the Court ultimately agreed Continental did not have antitrust standing and that it failed to state a claim under the Sherman Act.
Continental's failure to allege antitrust standing
Although the Court found that Continental had Article III standing based on its inability to obtain SEP licenses from Defendants, it nevertheless found that Continental lacked standing to bring Sherman Act claims because it failed to plead an "antitrust injury."
The Court found that Continental's alleged inability to obtain FRAND licenses for the SEPs from Defendants "does not harm [Continental's] competitive position or its position as a consumer of products used in its devices." Slip Op. at 13. Specifically, "[e]ven in light of Defendants' allegedly anti-competitive conduct, [Continental] can still produce [its control units] for the OEMs, since, according to Plaintiff, Defendants are actively licensing the SEPs to the OEMs." Id. The Court went further, stating that "[Continental] may be able to produce [control units] at a lower cost, since it would not have to pay a license for an SEP, because the OEMs have one." Id.
As a result, the Court held that Continental lacked antitrust standing because the "claimed antitrust violations are directly felt by the OEMs, which are allegedly forced to obtain SEP licenses on non-FRAND terms." Id. at 15. Because the OEMs bore the costs of an Avanci license, Continental, in the Court's view failed "to show that it is the best entity to assert the antitrust claims." Id. at 16. Continental thus lacked antitrust standing.
Continental failed to state a claim under Sherman Act § 1
Despite finding a lack of antitrust standing, the Court addressed Continental's antitrust claims. The Court first rejected Continental's claims that the licensing pool constituted a conspiracy in restraint of trade under Sherman Act § 1. The Court applied a rule-of-reason analysis, following cases involving "a licensing pool that horizontally fixes prices by setting prices for each member's licenses." Id. at 17. Under that test, Continental did not allege an unlawful restraint of trade because "[t]he Avanci agreement allows the Licensor Defendants to independently license the SEPs outside of the [Avanci] platform." Id. at 18.
Continental had argued that the Licensor Defendants were disincentivized from separate licensing that might depart from Avanci's platform, making the opportunity for separate licensing illusory or unrealistic. The Court disagreed, finding instead that licensors' adhering to Avanci's terms in independent license negotiations merely constituted "parallel conduct and the possibility of concerted action, which are insufficient to state a claim of an unlawful agreement to restrain trade." Id. The Court acknowledged, however, that its decision may have differed if the Avanci agreements had not allowed the licensors to license their SEPs outside of the Avanci platform.
The Court next rejected Continental's allegations of unlawful monopolization or conspiracy to monopolize under Sherman Act § 2. The Court explained that "possession of monopoly power will not be found unlawful unless it is accompanied by an element of anticompetitive conduct." Id. at 19 (citations omitted). The Court acknowledged that a "patent holder, of course, has a lawful monopoly to license its patent" and that an "SEP holder may obtain additional monopoly power through inclusion in a standard." Id. at 20. "This additional market power is inevitable as a very frequent consequence of standard setting, and is necessary to achieve the benefits served by the standard, including procompetitive benefits." Id. (citations omitted).
The Court similarly rejected the claim that an SEP holder abuses its monopoly power arising from the standardization process by discriminating against suppliers like Continental or extracting supracompetitive non-FRAND royalties. The Court ruled that "[i]t is not anticompetitive for an SEP holder to violate its FRAND obligations." Id. at 21. For example, "[a]n SEP holder may choose to contractually limit its right to license the SEP through a FRAND obligation, but a violation of this contractual obligation is not an antitrust violation." Id. (citations omitted). So while violating FRAND commitments might breach contractual obligations, in the Court's view it is not an antitrust violation under Sherman Act § 2.
And finally, the Court rebuffed Continental's § 2 claims that making fraudulent FRAND declarations to the standard setting organizations ("SSO") induced the SSOs to include Defendants' SEPs in their standards. The Court expressly declined to follow cases holding "that deception of an SSO constitutes the type of anticompetitive conduct required to support a § 2 claim." Id. 22. The Court instead relied on a separate line of cases, including Rambus Inc. v. F.T.C., 522 F.3d 456, 464 (D.C. Cir. 2008), holding that "[d]eceptive conduct—like any other kind—must have an anticompetitive effect in order to form the basis of a monopolization claim" and that the use "of deception simply to obtain higher prices normally has no particular tendency to exclude rivals and thus to diminish competition." See id. at 22–23. Consequently, the Court ruled that Continental failed to state a claim under Sherman Act § 2.
The Court's decision reinforces the DOJ's view that patent and antitrust laws both "seek to achieve the same goal of protecting and promoting the reinforcing cycle of competition and innovation, which generates dynamic competition in the marketplace and ultimately allows consumers to reap the rewards of new products." Stmt. at 3.
The DOJ and the Court agreed with Defendants' position "that Continental's Section 2 claims based on alleged breaches of contractual FRAND commitments in the standard-setting context do not sound in antitrust law." Stmt. at 8; Slip Op. at 21. Specifically, the DOJ explained that neither "a patent holder's effort to maximize its licensing rates after agreeing to abide by FRAND terms" nor "a patent holder's alleged 'deception' regarding the rates it intends to charge after making a FRAND commitment" constitute unlawful exclusionary conduct, and moreover, that "there is no antitrust duty to license on FRAND terms." Stmt. at 9, 11, 15, 20. To support its conclusions, the DOJ argued that "participation in the standard-setting process is widely recognized to be procompetitive" and that standardization "shifts the timing and dimensions of competition; it does not eliminate competition." Id. at 11, 18. "Standardization sacrifices marketplace competition in favor of [procompetitive] benefits, achieved through an ex ante [(i.e., before technology standardization)] process in which rival technologies compete for inclusion in the standard." Id. at 18.
Regarding Continental's allegations that Defendants' "fraudulent" FRAND commitments induced the standards to implement Defendants' technology, the DOJ relied on Rambus to argue that "antitrust liability should attach only if the patent holder's conduct was the but-for cause of the exclusion—i.e., that the conduct 'lured the SSO away from non-proprietary technology.'" Stmt. at 24 (citations omitted). Here, Continental's general allegations did not show but-for causation between Defendants' FRAND commitments and the standards purported adoption of any particular technology.
richard.zembek@nortonrosefulbright.com
Head of IP Disputes, United States
daniel.leventhal@nortonrosefulbright.com
anne.rodgers@nortonrosefulbright.com
talbot.hansum@nortonrosefulbright.com


Log in with your myUTSA ID (i.e. ABC123) and passphrase. This is the same ID and passphrase you use to log into a UTSA computer.
Click on Standards of Conduct Training located on the top left side of the screen.
To receive credit you must complete all nine lessons. A green check mark next to your course will show credit was received.
Do student worker have to complete The Standards of Conduct Trainng (SCT100)?
Yes, UTSA student workers are required to complete The Standards of Conduct Trainng (SCT100). All people with an Active Jobr Record in PeopleSoft will be assigned the required online training - The Standards of Conduct Trainng (SCT100).
Do UTSA volunteers have to complete the Standards of Conduct Trainng (SCT100)?
Yes, UTSA Volunteers are required to complete The Standards of Conduct Trainng (SCT100). All people with an Active Jobr Record in PeopleSoft will be assigned the required online training - The Standards of Conduct Trainng (SCT100).
I just completed the Standards of Conduct Training (SCT2017), do I have to complete The Standards of Conduct Training (SCT100)?
Yes, The Standards of Conduct Training (SCT100) is UTSA's most recent version of general compliance training. The Standards of Conduct Training (SCT100) will be available as of October 23, 2018. All UTSA faculty, staff, student-workers, volunteers and POIs will be assigned The Standards of Conduct Training (SCT100) and will be required to complete the online training.


TrueLife.org (A Very Specific Kind of Baptist) – Not Anymore!
TrueLife.org uses the power of video to try and answer very specific questions relating to religion — specifically answers geared toward spreading the good news of Jesus. On the site there seems to be 23 video responses to questions like "Does God Love Gay People?", "Does Archeology Support the Bible?", "Where Did Evil Come From?", and more. Some of these questions are answered by top theological scholars.


Over the last several months, the business community in Sioux Falls has taken a renewed interest in the role that entrepreneurship plays in bettering the city. The Zeal Center for Entrepreneurship has become more prominent in the community with their recent rebrand and remodel, as well as their launch of an accelerator program. The closure of The Bakery has lead many to ask "What's next for the entrepreneurial community in Sioux Falls?" Jason Ball, the new president of the Sioux Falls Area Chamber of Commerce, has expressed interest in growing the entrepreneurial community in Sioux Falls. Jodi Schwann is highlighting many local businesses in her new publication, SiouxFalls.Business. Local entrepreneurship groups, like 1 Million Cups, continue to pound the drumbeat of entrepreneurship and provide inspirational content, education and networking opportunities.
Given this renewed focus on entrepreneurship, I think it's an appropriate time to take a step back and ask what Sioux Falls really needs to become a community that fosters entrepreneurship. There are four key changes that I believe need to occur for Sioux Falls to truly become an entrepreneurial community: more cross-industry personal networking and collaboration, better storytelling of the successful entrepreneurs that are already in the city of Sioux Falls, better educational opportunities for entrepreneurs and more capital to fund the growth of businesses in Sioux Falls.
Businesses get launched when people with different skillsets get together and discuss how to solve problems and create opportunities. Two ambitious people meet at a networking or entrepreneurship event. They start talking ideas, find an idea they are both excited about and begin to pursue a business together. A notable example of this is Scratchpad Tees. The two owners, Chris Bierle and Craig Brown, met through The Bakery and eventually started a successful t-shirt company together.
Collisions among future entrepreneurs already happen at hubs for entrepreneurship, such as the Zeal Center for Entrepreneurship and Queen City Bakery. They also happen at events like 1 Million Cups, Zeal's Entrepreneurial Insights and Chamber mixers, but it's a relatively small subset of business people and entrepreneurs that attend these events. Many of Sioux Falls' largest industries, including banking, healthcare, retail, agriculture, technology and education are underrepresented at these events. Some of the Sioux Falls community's brightest minds are left out of the conversation because they simply never show up.
Imagine what kind of new businesses could be founded if we all stepped out of our siloed industries, took time to learn about each other and looked for opportunities to work together on projects. What if a banker and a programmer teamed up to create a mobile banking experience that wasn't awful? What if a group of educators teamed up with technologists to develop new and more efficient ways to deliver content online? What if retailers worked with Sanford and Avera to create a more consumer-friendly healthcare experience? Opportunities to create new businesses and collaborate across industries abound, but there must be an environment where entrepreneurial connections can form. Then, people just have to show up!
There are many entrepreneurial success stories in the city of Sioux Falls, but we don't hear about most of them. Most of us know that Warburg Pincus purchased a majority stake in Docutap last year, but there are many companies doing things that are just as exciting but that haven't been widely covered by the media.
Equinox – This company is working on a promising medical device that could stop or slow the progression of glaucoma.
Eye Brain Medical – This company identified that many migraines are caused by vision alignment issues and developed technology that works in glasses to correct the issue.
Grand Prairie Foods – This company produces a massive amount of processed foods for hotels, gas stations and food service companies.
Learn Create Build Academy – This company hosts numerous summer camps and online learning opportunities so that the next generation is inspired to get into STEM programs.
Montessorium – This company has developed a series of educational apps that have had more than 1 million lifetime downloads.
Sioux Falls Seminary – Sioux Falls Seminary is reinventing graduate education and creating new contextually-relevant, competency-based education programs—and lowering tuition by 75% in the process.
Sioux Falls has plenty of traditional academic programs that teach business, between Augustana University, the University of Sioux Falls (USF), Southeast Technical Institute and University Center. Some of these programs, such as USF's MBA program, are quite good. They provide a broad base of education on a variety of business topics, such as accounting, human resources, marketing and finance. They don't meet everyone's needs though. Signing up for a multi-year degree that costs well into five figures is not practical for many would-be entrepreneurs. Ironically, getting a traditional business degree might actually keep you from starting your own successful business because of the cost and time involved.
Our community needs more bootcamp-style educational programs and topic-driven seminars that help entrepreneurs cover the basics and gain a working knowledge of specific topics, such as marketing and accounting. Some of the biggest mistakes that I see entrepreneurs make happen because they don't have a fundamental grasp of basic business topics. Recently, I came across an entrepreneur that took out more than $1 million in debt from a bank using their inheritance as collateral to fund their pre-revenue and pre-traction company. If this person had taken a basic business finance class, they probably would have learned that borrowing $1 million+ for a pre-revenue company is very unusual and is almost certainly not a good idea.
The University of South Dakota (USD) and the Zeal Center for Entrepreneurship are taking some good first steps to broaden educational opportunities for entrepreneurs. Zeal is launching an incubator program and offering monthly educational seminars. USD is launching executive training programs to help meet this need. These programs are moving in the right direction, but need to be better publicized and more accessible to entrepreneurs.
Sioux Falls faces a chicken and egg problem when it comes to seed-stage capital. There aren't many high-quality early-stage firms in Sioux Falls, so local angel investors and venture capital firms largely invest in companies outside of our community. Local venture capital companies, including Bluestem Capital and Bird Dog Equity Partners, are largely location agnostic and have primarily invested in companies that are based out of state. This is also true in my case. Most of my angel investments are in companies located in start-up hubs, such as Austin, Boulder and San Francisco. Many local business people that have the financial means to become angel investors never take the leap and do so because there are few deals and little educational information available locally on angel investing.
Conversely, entrepreneurs have a tough time raising money locally because there aren't many sources of early stage capital. Falls Angel Fund, the lone angel fund in Sioux Falls, has a capitalization of just $1.35 million and receives far more applications than it could possibly hear as pitches at its bi-monthly meetings. There are a handful of individual angel investors as well, but they are few and far between and they don't do many deals. Most companies looking to raise money don't have enough traction to attract the interest of a local private equity firm, leaving them few viable options to raise money. They often end up having to self-fund their business, grow slower than they would otherwise or take less than equitable terms from an investor looking for a deal.
How do we solve this chicken and egg problem? We need more successful deals to happen to show that early-stage private equity is a viable asset class for high-net-worth investors in the region. Falls Angel Fund is a solid first step in this direction, but the fund would need to be three or four times as large to fund all the viable investment applications it receives each year. Hopefully, Falls Angel Fund will be able to quickly deploy that capital and lead to the creation of a much larger community-based angel fund in the future. In the meantime, we need more sophisticated, high-net-worth investors to fill this gap and invest part of their portfolio into local non-real-estate private equity investments. As more dollars flow into high-quality, high-growth companies in Sioux Falls, there will be more jobs created, more successful exits and strong returns for angel investors.
Sioux Falls has taken many positive steps to promote and foster entrepreneurship during the last five years. Docutap showed us that a homegrown company can create hundreds of jobs and be sold to a global private equity firm for more than eight figures. The Bakery revealed there is a strong desire for entrepreneurial community and opportunities for collaboration. Zeal rebranded itself and made itself much more available and accessible to aspiring entrepreneurs. Falls Angel Fund provided the first meaningful seed-stage capital to be available in Sioux Falls in more than a decade. We've made a lot of progress, but we still have a long way to go if we want to be a significant entrepreneurial hub.
I created a discussion group on Facebook called "Sioux Falls Area Entrepreneurs". Join the group and have your say in what the city of Sioux Falls needs to do to better foster entrepreneurship.
Update 6/11/2017 – Michael MacFadden has added his thoughts to the conversation about what he thinks Sioux Falls needs to build a true startup ecosystem. Read his thoughts here.


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Minister Bru visited MacGregor
Minister of Petroleum and Energy, Tina Bru, was given instructions from trainer Jan Finckenhagen at MacGregor's virtual reality training facility in Arendal.
Tina Bru, Norwegian Minister of Petroleum and Energy, tested her skills as a crane operator at MacGregor's training facility in Arendal Monday.
"Maybe something for me to fall back on", said Bru laughingly after a brief virtual reality training session on board a ship at sea – perhaps mindful of the general election being just four weeks out.
The minister and several top-level officials from the Ministry of Petroleum and Energy spent a full two hours at the MacGregor Norway headquarters, on route to scheduled events at Arendalsuka which opened later the same day.
During her visit at MacGregor, the minister learned more about a company with deep roots in Arendal. MacGregor traditionally provides offshore cranes and anchoring systems to the maritime and oil & gas industries, but in recent years the focus has shifted more towards offshore wind. MacGregor provided anchoring systems for Equinor's Hywind Scotland project and also offers other offshore wind installation solutions and offshore wind service.
"It is interesting to see how MacGregor has diversified, implementing a new strategy to serve both old and new markets," says Bru.
18 months into the pandemic, Bru and her numerous entourage seemed thrilled to leave Oslo and be back on the road again.
"Finally! It is so important to get out and meet people and companies to learn more. We are happy to be here," said Bru.
Minister of Petroleum and Energy, Tina Bru, met with a delegation from MacGregor and GCE NODE at the MacGregor headquarters in Arendal Monday.

redpajama_set_name: RedPajamaCommonCrawl


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Olivet clinches playoff spot, beats Pennfield, 49-26
Olivet clinches playoff spot with 49-26 win over Pennfield
Mitch Galloway
For the Enquirer
A contest featuring former KVA rivals had serious playoff implications Friday night at Pennfield High School. The Olivet Eagles, facing its rival in the Pennfield Panthers, needed a win in the final week to reach the six-wins plateau and clinch a spot in the postseason.
Behind Olivet's Chase Martin, the Eagles defeated the Panthers, 49-26, to improve to 6-3 on the season and advances to playoffs.
"It's a big game when we face them (Pennfield), even though we aren't in the KVA anymore," Panthers' head coach Gabe Priddy said. "We still look at this as a good rivalry, and our kids enjoy playing them. We look forward to this game each year; they are a good team. Now, we have to find out who we are going to play. We felt like we are starting to get some of our identity back with our physical run game."
Pennfield finishes the season at 3-6.
Early on, it was the tale of fourth-down conversions.
Pennfield quarterback Parris Bolden's play-action fake froze the defense leaving wide receiver Dillon Striplin open on a shallow route for a 15-yard, fourth-down score to make 7-0 with 1:31 in the quarter.
Similarly, the next drive for the Eagles had the same results. On a fourth-and-1 attempt from the 13-yard line, Olivet's Wyatt Smith took the hand-off and found the end zone for the equalizer, 7-7, with 9:56 left in the half.
But the Panthers would respond three minutes later. Bolden, again, took a snap, dropped back three steps, and hit wide receiver Grant Petersen on a 25-yard corner route to make it 14-7.
Then, before you could blink, Olivet's Martin took a sweep 52 yards for the score to knot the game at 14-14. On the next Olivet drive, Martin broke to the outside for another long score – this time from 47 yards away with 2:03 left in the half to make 21-14 at the half.
Olivet's first drive in the second half resulted in a score, as the Eagles' Smith took a give to the strong side of field and alluding tackles before finding the end zone for the 28-yard score for a 28-14 lead. On the following Olivet six-minute drive, it resulted in a score with 11 seconds left in the third, as the Eagles' Smith tip-toed in the end zone for a two-yard score to stretch the lead to 35-14.
With 9:22 left in the game, Smith, again, capitalized from short yardage – two yards – to give the Eagles a 42-14 lead. Pennfield would counter with two scores, but the Eagles' final touchdown with 4:30 left in the game would be all the scoring the team needed.
"Our kids battled the whole game," Panthers' head coach Mike McGuire said. "I'm proud they kept battling. ... We need to get in the weight room this offseason. We have to get stronger, and that will help us for next season."
For Olivet, Martin had 11 carries for 171 yards and two touchdowns, while Smith had 18 carries for 140 yards and four touchdowns. Pennfield was led by Bolden who had 24 carries for 107 yards and a score.


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The key to an authentic 80's lunch is in the bangs.
I am Rubi McGrory and I love making things. For two decades I made food in the galleys of private and charter yachts all over the world. I couldn't control myself and my making habit crept out of the galley. Sensing a problem, I sought help and earned a Master's degree in Fine Art (MFA).
Now I still make art for the table, it's just not edible. I think that yacht guests and owners deserve fantastically awesome table settings that go beyond fancy flowers and fancy table linens bought from fancy stores. I get that stews don't have the time to research trends, generate ideas, find artists, curate objects, and learn techniques to create cool things. I also get that most stews aren't interested in that, I am. I love it. I am constantly coming up with new ideas and finding new artists whose work needs to be shown off.
I have a very handsome yacht captain husband. My studio is part of our 160 year old house in Savannah, Georgia, where we collect art and odd objects from our travels. Captain handsome husband also indulges my obsessive desire to visit museums and galleries wherever we go, so I am always being inspired.
I am a freelance writer with Dockwalk magazine and an ordained minister who has married dozens of couples.
Aside from my love of making things, I love cheese, I love throwing parties, I love yoga, I love traveling, I love hiking, I love colors, I love things that sparkle and shine. I don't really care for asparagus. I have a collection of earrings I find on the street.
And most importantly, I am really excited about the next project I am working on.


Why to use the Observer Design Pattern?
Let's suppose we want to create an app where several Canvas controls have to randomly change their color every time we push a button. Of course, we can approach this from several angles. For instance, we can put the code in charge of iterating every window control into the "Action" event of the PushButton control, changing the color only if the iterated item is an instance of our Canvas based subclass (let's call this class the ColorPatch class).
That will work, but undoubtedly is not the most elegant, flexible and decoupled of the possible solutions.
A better way of approaching this problem is using the Observer Design Pattern. This one consists on the ability for any class instance to register itself into other instance, in order to receive a message every time there is an action in the object we have registered on.
Sounds weird? Ok, it's like a group of people interested in one event saying the organizer: "hey, notify me once the tickets are available for purchase". Best of all, you already can do this kind of things via the ActionSource and ActionNotificationReceiver Class Interfaces.
In fact, the ActionSource and ActionNotificationReceiver work together, because an ActionSource instance (PushButton, BevelButton or Timer) will call the PerformAction method of every ActionNotificationReceiver object registered with it (i.e. the event organizer will notify every registered person about the availability of the tickets).
So let's use these Class Interfaces to see how they apply on our example app. Go ahead and create a new Desktop Project using the Xojo IDE. Then, drag the Canvas icon from the Library panel and drop it into the Project Browser (the leftmost column of the IDE). This action will create a new Canvas based subclass with the name "CustomCanvas".
Select the CustomCanvas item and push the Interfaces button on the Inspector panel. This action will show a sheet window where we will be able to choose any of the already available Class Interfaces in the Xojo Framework for our subclass. In this case we are only interested on the actionNotificationReceiver Class Interface, so select the associated checkbox control and confirm the selection, clicking the "OK" button to dismiss the window. Now, our CustomCanvas class IsA Canvas and also IsA actionNotificationReceiver.
We have finished the work on our CustomCanvas Class, so it's time to create a mere functional user interface. Select the Window1 item on the Project Browser, then drag the CustomCanvas item from the Project Browser to the Window Editor. That action will create a new instance from our Canvas based class.
To reproduce several color patches, the easiest is to define a Control Set. Let's think about it as a group of controls of the same type that share the same behaviour and that we can refer from code using their index, as the "position" they have inside the group.
Select the popup menu "Member of" and choose the "New Control Set" option. When done, the Xojo IDE will create the "CustomCanvas1" group assigning the index "0" to the current selected instance.
Now, duplicate the control four times and align them side by side. You will notice that each control has its own index on the control group they belong to. In fact, this is shown in the Project Browser as a hierarchy.
To finish our user interface, just need to add a trigger control, and for that we will add a PushButton to the window. Remember that this control implements by default the "ActionSource-ActionNotificationReceiver" paradigm.
Now, we have to register all the objects that we want to be notified as result of the PushButton action (that is, the ActionSource control), so they can execute their associated action. For that, we will celebrate having grouped them in a Control Set!
Choose the item labeled "CustomCanvas1 Set" on the Project Browser; that is, the item that groups all the members, instead of selecting any one of its members.
This way we will have registered all the members of the group as objects interested on receiving the notification from the PushButton.
Run the app and push the PushButton control, you'll see that every time you push the button… all the canvas will radomly change their color!
This way, we have seen how simple has been to achieve the solution (and the little amount of code that has been need). In fact, the PushButton added to the project has not one line of code! and best of all we have our code decoupled, easy to maintain and we can modify it without impacting the rest of the app.


EVL band barrel contains 6 usable bands and is used to endoscopically ligate esophageal varices at or above the gastroesophageal junction or to ligate internal hemorrhoids.
Comes in peel open pack and includes barrel with 6 ligation bands, trigger cord, loading catheter, & irrigation adapter.
This device is supplied non-sterile.
Firing Mechanism is sold separately. EVL Band ligator set which contains 1 EVL 6 band barrel and associated firing mechanism is also available.


The Greater Coachella Valley Chamber of Commerce is proud to present our Lunch Bunch Series, held on the Polo Pizza Company patio. This fun networking opportunity mixes two-member favorites; business connections and great food! The Lunch Bunch Series allows members to experience new culinary delights from across the valley while networking with 30-50 fellow chamber members during their lunch hour. Each attendee is encouraged to bring their business card and 30 second elevator pitch with them.
Best Beverage Catering will be catering this event at the Polo Pizza Patio.
Best Beverage Price - $20 inclusive of tax and a drink.


Edward P. Freud | Ruff, Freud, Breems & Nelson Ltd.
Ed concentrates his practice in civil and commercial litigation. Much of his litigation practice involves legal issues concerning banking and real estate at the trial and appellate levels. He joined the firm in 1974 immediately after law school. In 1990, Ed became a director of Republic Bank of Chicago and continues to devote substantial time to banking and related legal areas.
Republic Bank of Chicago v. 1st Advantage Bank, 2013 IL App (1st) 120885.
Mendez v. Republic Bank, 725 F.3d 651 (7th Cir. 2013).
In re Equipment Assets Resources, Inc., 692 F.3d 558 (7th Cir. 2012).
Owen Wagener & Co. v. U.S. Bank, 297 Ill. App. 3d 1045 (1st Dist. 1998).
Resolution Trust Corp. v. Gallagher, 10 F.3d 416 (7th Cir.1993).
Soria v. Ozinga Bros., Inc., 704 F.2d 990 (7th Cir. 1983).
Stando v. Grossinger Motor Sales, Inc., 89 Ill. App. 3d 898 (1st Dist. 1980).
Ed's parents, who were born in Vienna, are Holocaust survivors. Ed was born on August 13, 1949 in Shanghai, China. Ed and his parents emigrated to the United States in 1951 and have made their home in Chicago ever since. Ed and his wife currently live on the North Shore and have a son and daughter.


The Pittsburgh Marathon accomplished an exciting goal this week.
This year, for the first time ever, the Pittsburgh Marathon on May 3 will have runners from every state. Since 2011, North Dakota has been the only state to not have a participant, but things will be different this year. VisitPittsburgh launched a social media campaign that encouraged North Dakota runners to enter to win a sponsored trip to the race.


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Posts Tagged 'chicago outfit'
The Rise And Fall Of A 'Casino' Mobster
My latest book, The Rise And Fall Of A 'Casino' Mobster, has been released. Following is the background leading up to writing the book.
I first spoke with Frank Cullotta by phone in 2005 while doing research for my book The Battle for Las Vegas. The following year we met in person in Las Vegas and agreed to co-author Frank's biography, CULLOTTA. Although Tony Spilotro, Frank's one-time friend and criminal associate, was frequently mentioned in that book, it was Frank's story. In 2013 Frank and I conspired on another book, Hole In The Wall Gang, which also included Tony but was again, Frank's story.
In 2015 Frank asked me if I'd be interested in doing another book with him. He explained that he was getting up in age and wanted to set the record straight about Tony Spilotro—to correct the misinformation about Tony that is out there and provide his personal insights about the man, his rise in the Chicago crime family called the Outfit, his fall from grace and ultimate murder by his former associates.
Thinking I already knew pretty much all there was to know about Tony; I interrupted Frank and expressed my concerns.
He said this book would be different, though, in that the focus would be on Tony and not him. It would include his personal knowledge and beliefs about murders that Tony committed, ordered, planned or was a suspect in. Much of that information would be disclosed for the first time—even to me—and several of the murders he'd discuss are still officially unsolved.
I was intrigued, but pointed out that several killings had been covered in CULLOTTA and Hole In The Wall Gang and I didn't want to just do a rehash of what we'd already written. Frank said that although it would be necessary to talk about some of those killings again because they are part of Tony's history, he assured me that anyone who read the book (including law enforcement) would learn a lot.
In addition to clarifying Tony's role in various killings, Frank said he wanted to discuss the details of Tony's own murder which were revealed in the Family Secrets trial in 2007. During that trial one of the killers took the stand and explained exactly how Tony and his brother Michael were murdered. Frank also said he planned to provide the inside story of Tony's racketeering mistrial in 1986. Finally, the book would contain Frank's opinion on how Tony's poor decisions and ill-advised actions contributed to the Chicago Outfit losing control of Sin City. I told Frank I was in.
During the writing process I learned the rest of the story about Tony Spilotro's rise from a Mob wannabe to a feared enforcer and boss. I also gained a better understanding of how his weakness for women and his quest for money and power eventually contributed to the Mob's ouster from Las Vegas, and in the end cost him his life.
I'm glad I didn't turn this project down.
Tags:casino, chicago outfit, las vegas, Las Vegas and the Mob, organized crime, tony spilotro, true crime
Posted in Blogroll, casino, chicago outfit, frank cullotta, joe aiuppa, Joey "the clown" lombardo, las vegas, las vegas police, lefty rosenthal, mad sam destefano, organized crime, tony accardo, tony spilotro, true crime | Leave a Comment »
Las Vegas & the Mob
In the 1970s several organized crime families had illegal business interests in Sin City. The most powerful operation there was run by the Chicago Outfit. The main earner for the mobsters was known as the skim, which was simply the removal of large amounts of cash from the casinos before it was recorded as revenue and transporting it back to the Midwest crime bosses.
In 1971 the Outfit sent one of its most fearsome enforcers, Tony Spilotro, to Vegas to make sure everything ran smoothly and any problems that arose would be dealt with swiftly, using any means necessary. Tony was a good choice or so it seemed. But his Vegas reign was marked by his thirst for power, weakness for women, and poor decisions that eventually cost the Mob its control over Vegas.
The Spilotro was dramatized in the blockbuster 1995 movie Casino, in which Joe Pesci played a character based on Tony. The film received accolades for its accuracy. One of the reasons for its realism was that director Martin Scorsese hired a man named Frank Cullotta as his technical consultant. Frank and Tony had been friends and criminal associates since childhood, and Frank was Tony's underboss in Vegas – he knew the whole story. As screenwriter Nick Pileggi said, "If not for Frank Cullotta there would have been no Casino."
For nearly a year Frank and I worked on a book that tells the true story behind the movie, and provides details about several unsolved murders.
That book is currently at the publisher with a tentative release date of April 26. We are planning a kickoff in Vegas shortly after the release. I'll post more details as they become available.
Tags:casino, chicago outfit, cold cases, joe aiuppa, las vegas, Las Vegas and the Mob, lefty rosenthal, mafia, organized crimet, tony accardo, tony spilotro
Posted in Blogroll, casino, frank cullotta, joe aiuppa, Joey "the clown" lombardo, larry neumann, las vegas, lefty rosenthal, mad sam destefano, organized crime, tony accardo, tony spilotro, true crime | 1 Comment »
Teflon Tony
In 1979, the two major agencies investigating Tony Spilotro—the FBI and Las Vegas Metro— resumed cooperating with each other. They both made bringing Spilotro down one of their top priorities. But by that time Tony had already been in Vegas and building his organization for almost eight years and was well entrenched as Sin City's most powerful mobster. His gang was comprised of top notch professional criminals, and his ferocious reputation discouraged witnesses from coming forward.
In fact, a 1974 study by the Los Angeles Times found that in the three years Tony had been in Vegas, more gangland-style murders had been committed there than in the previous 25 years combined. A casino executive and his wife were gunned down in front of their home, another casino executive was murdered in a parking lot, a prominent lawyer was blown up in his Cadillac, a loan shark victim went missing, and another casino boss was beaten and crippled for life. It didn't matter whether or not Spilotro was responsible for the violence. People, including the cops, believed he was, and his reputation for viciousness grew.
"Everybody on the Strip is scared to death of the little bastard. He struts in and out of the joints like Little Caesar," the Los Angeles Times quoted one casino owner as saying at the time. The same piece also quotes a store owner who first met Spilotro when Tony stopped in to buy clothes for his son. "When he came in the store the first time, you almost wanted to pat him on the head, until you looked into his eyes." Tony's eyes, described as pale blue and reptilian, looked through people, and not at them. Many who dealt with Tony, including law-enforcement personnel, agreed you could find death in those eyes.
Among the homicides Tony was suspected of being involved in between 1971 and 1975, was the June 23, 1973 murder of William "Red" Klim. A Caesars Palace employee, Klim was shot and killed gangland style in the parking lot of the Churchill Downs Race Book. There were multiple theories regarding scenarios as to the motive for Klim's murder. One held that the deceased was cooperating with authorities in an investigation of illegal bookmaking that targeted Lefty Rosenthal. Another suggested that the dead man had information pertaining to Spilotro's implication in a fraud against the Teamsters Pension Fund. Yet another designated Klim as a loanshark who refused to pay the Ant a tribute. All three theories involved Tony either directly or as Rosenthal's protector.
Although Spilotro was charged with Klim's murder the following year, the case against him fell apart when witnesses were unable or unwilling to positively identify the killer.
And then there was Marty Buccieri, a pit boss at Caesars Palace and a distant relative of Chicago underboss Fiori "Fifi" Buccieri. He reportedly had connections to most of the Vegas crime figures worth knowing and had used those connections to facilitate the granting of a number of Teamster Pension Fund loans to Allen Glick, CEO of Argent (Allen R. Glick Enterprises), the Outfit-installed owner of the Stardust, Hacienda, Fremont and Marina casinos. In the summer of 1975, law-enforcement sources learned that Buccieri had approached Glick and demanded a $30,000 finder's fee for his help in obtaining the loans. At one point he's said to have physically threatened Glick. The Argent boss then informed Lefty Rosenthal—the behind-the-scenes power of the operation—of the incident.
A few days later Buccieri was found shot to death. The law immediately suspected that Tony Spilotro was involved.
Another killing—one that was depicted in the movie Casino—was the November 9, 1975 murder of Tamara Rand, an erstwhile friend and business partner of Allen Glick. She invested heavily in his Vegas casinos and, in spite of having no gaming experience, had signed a contract as a consultant at the Hacienda for $100,000 per year. Rand believed that through investments she had purchased five percent of Glick's casinos, so when Glick denied such a deal, she filed suit against him for breach of contract and fraud. A court trial could have blown the lid off the mob's hidden interests in the Las Vegas casinos. Consequently, just days after a bitter argument between her and Glick, Tamara Rand was murdered at her home in San Diego.
Although Tony was a prime suspect in the Rand killing, there was insufficient evidence to charge him with the murder.
As the years passed Tony's status grew until he was the undisputed king of the Vegas underworld. He knew everything that went on within the Las Vegas criminal element. No one did anything—from contract killings to burglaries, robberies, fencing stolen property, or loan sharking — without his approval and without paying him a monetary tribute where appropriate.
Even before the FBI and Metro launched their cooperative effort, Spilotro had been a target of the agencies at various times. But he had proved to be a worthy adversary. In spite of being almost continuously under investigation, and a suspect in some 25 murders and countless other felonies, Tony conducted his affairs for more than a decade without being convicted of even a minor offense. No matter what the law threw at him, nothing stuck.
Part of the reason for that impressive run could have been his skills and reputation as a criminal. Another likely factor was the legal work done for him by his lawyer, Oscar Goodman. Together, Tony and Oscar, each using his own unique talents, made a team that prosecutors seemed unable to beat.
But as the old saying goes, nothing lasts forever.
Tags:casino, casinos, chicago outfit, CULLOTTA. Tony Spilotro, las vegas, organized crime, tony spilotro, true crime
Posted in Blogroll, casino, chicago outfit, frank cullotta, joe aiuppa, Joey "the clown" lombardo, larry neumann, lefty rosenthal, mad sam destefano, organized crime, tony accardo, tony spilotro | 1 Comment »
Former mobster Frank Cullotta and I have completed our third manuscript together and it is currently at the publisher. I'll post the release date as soon as I know the production schedule.
This book will revisit some of Tony's greatest hits because they are a part of his history. It will also provide previously undisclosed insight into Tony the man, as well as Tony the enforcer; and Frank will name the killers in several Mob murders that have remained officially unsolved.
Tags:casino, chicago outfit, las vegas, lefty rosenthal, organized crime, tony spilotro, true crime
Posted in Blogroll, chicago outfit, frank cullotta, Joey "the clown" lombardo, larry neumann, las vegas, lefty rosenthal, mad sam destefano, mafia, organized crime, tony spilotro, true crime | Leave a Comment »
Possible Closure in 1981 Illinois Double Homicide Case
Authorities in McHenry County, Illinois, may be closer to solving a pair of 1981 killings thanks to a former mobster's biography. For details please read http://www.lvrj.com/news/39633437.html.
Tags:chicago outfit, cold cases, frank cullotta, larry neumann, organized crime, tony spilotro, true crime
Posted in Blogroll, chicago outfit, crime, frank cullotta, joe aiuppa, Joey "the clown" lombardo, larry neumann, las vegas, lefty rosenthal, mafia, organized crime, tony accardo, tony spilotro, true crime | 1 Comment »


This week, I listened to a CBC interview of Ian Rankin in which he discusses the large influence music has had on him. The same is true for me. I especially remember punk and new wave emerging in my late 70s undergrad days. I was in an all-male residence and there was a big debate over how that music measured up to traditional rock. We did agree to disparage disco…until we figured out girls didn't show up at our parties without it.
Here's how music can help writers.
A background for writing…maybe. I need quiet to write. Otherwise I can't hear the characters speak or feel the rhythm of sentences. Lots of writers do have music on when they write. In the interview, Rankin talks about using electronic music as he writes to separate his real and fictional worlds. Each to his own here.
Characterization. When a writer shares a character's musical interests, he helps readers learn how the character emotes. In a difficult situation or looking for comfort, does the character long for Dylan's penetrating lyrics, Miles Davis's aching trumpet or Amy Winehouse's sorrowful vocals? In effect, music is a shorthand way for readers to feel more involved, positively or negatively, with characters.
So, at least for main characters, a writer may want to ask himself what music they like. And rather than just saying that a character likes jazz or Top 40, the writer can pick an artist or sub-genre, give the music a listen and figure out what draws the character. Whether or not that detail finds its way into the book, the writer will know his character better.
Setting. In describing setting, writers usually focus on the visual. But telling readers what can be heard offers a lot, too. A Top 40 song places the period of a scene. Music defines a club or bar. A background song increases the sense of a character brooding over a difficult problem.
For Social Exploration. Of course, many writers use their stories to explore social conditions. The musical context can be highly relevant. A great example is Esi Edugyan's Half-Blood Blues, which uses jazz in 1940s Europe as a backdrop.
Time for me to go listen to some Deep Purple.
My grand-mother's handwritten memoir was titled "My Life in Music". Just yesterday I wondered if I'd been true to that title in the creative expansion of her 36 page memoir to 339 pages. As I mentally reviewed it, I realized the book was indeed full of music.


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FDA should improve incentives to lower drug costs, says Dyadic CEO
By Vassia Barba contact
(Image: Getty/PLG)
Related tags: Pricing, Fda, Food and drug administration, Dyadic
The FDA needs to expedite the approval process to provide incentives for the development of more affordable drugs, says Dyadic CEO.
Dyadic has developed a proprietary C1 Gene Expression Platform as a potential alternative to Chinese hamster (CHO) ovary based cell line production specifically to lower associated costs, as well as aiding faster development of biologics.
The company's CEO, Mark Emalfarb, spoke to BioPharma-Reporter, about the need for the health care system structure to be reconsidered by the government, in a way that would allow for "cheaper and better drugs to reach more people."
According to Emalfarb, this goal could be achieved if the US Food and Drug Administration (FDA) expedited drugs with lower costs through the fast track approval processes.
Emalfarb explained that it is a 'great thing' to give fast track status to an enzyme therapy, which will save the lives of 500 patients, for example; But "why not [also] give fast track status to drugs coming through a new platform that will save 100 million lives?", he asked.
"Is the life of a patient with an orphan disease worth more than these lives?," Emalfarb asked, rhetorically. "I think they are equal, but we are ignoring the people that suffer because they do not have access to medicines."
"The government needs to understand that there are potential solutions to high costs. As long as they 'pass the buck' to the consumer, the pharmaceutical companies do not have an incentive," he added.
The biotechnology company recently entered a deal with the Serum Institute of India, which, according to Emalfarb, is the world's lowest-cost vaccine producer, aiming to find more ways to develop and manufacture larger quantities of biologics at a lower cost.
Currently, Dyadic is working on the C1 platform to develop adeno-associate viral (AAV) vectors for gene therapies, seeing high potential on the results of these efforts, according to the company.
Related topics: Cell & Gene Therapies, Pipelines, Bio-Outsourcing, Cell lines, Bio Developments
Regeneron and Sanofi's PD-1 inhibitor given go-ahead by EC
CHO cells the 1900s model car in a 2020 Tesla world, says Dyadic
Dyadic confident Big Biopharma will move away from CHO cell reliance
rAAV Production in BioBLU® Single-Use Vessels
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3D cell aggregates are of great interest for applications like disease modeling and manufacturing of stem cell-based products. Read more about the cultivation...
Baxter BioPharma Solutions | Bio-Rad Laboratories | Marken: Global Life Science Supply Chain Solutions | Merck KGaA, Darmstadt, Germany | Samsung BioLogics
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Motown The Musical Is Coming! Come And Get These Memories | Village Voice
Motown The Musical Is Coming! Come And Get These Memories
In my column about theater last year, I bemoaned the fact that there have been jukebox musicals about everything except the one I want to see–Motown!
Well, it's finally coming.
Berry Gordy Jr. is planning a show called Motown which will tell his story while sprinkling in the Motown hits of the day.
And I'm here to say that if it doesn't include the following songs, I will get violent:
"Where Did Our Love Go?"
STEVE WONDER
"I Was Made To Love Her"
"Signed, Sealed, Delivered"
"I Heard It Through The Grapevine" (also done brilliantly by Gladys Knight & the Pips)
"You're All I Need To Get By" (with Tammi Terrell)
"Ain't No Mountain High Enough" (ditto)
"Just My Imagination (Running Away With Me)"
JIMMY RUFFIN
"What Becomes of the Broken Hearted?"
"You Beat Me To The Punch"
SMOKEY ROBINSON AND THE MIRACLES
"I Second That Emotion"
"The Tears of a Clown"
"Reach Out I'll Be There"
THE JACKSON FIVE
"I Want You Back"
Oh, hell, just use them all!
There's not one bad song in the whole catalogue.
More:Michael MustoTheater


Our goal is to improve the lives of our customers by responsibly promoting durable, quality, earth-friendly products for the home. We source, sell, and act with integrity, striving always to provide unmatched service.
No pressure. A place where you can be you. A time to truly relax and make yourself comfortable.
At Bedrooms & More Seattle, that's what you'll find.
Here, there's no hard sell. No wheeling and dealing. Particularly, no marketing mumbo jumbo. Just good people helping good people create the safe and relaxing bedrooms they want, for themselves and their families. Because as a family, we've owned our store for over four decades in the very same neighborhood. Here, every type of family is welcome. So ,when you're shopping with us, we consider you family, too.
Our 2-sided mattresses, bedroom furniture, and natural bedding products are durably comfortable, ethically sourced & sustainably made, and offer amazing value at every budget.
Over the past 45 years, we've become the Pacific Northwest's bedrooms destination store. Therefore, we're serving customers throughout the Puget Sound region and hundreds of miles beyond. Furthermore, if you don't live in the PNW, we can ship most of our goods to your home anywhere in the United States.
Favorite Product: Our zippered mattresses by 45th Street Bedding. Because they are built for a lifetime.
Favorite Products: Our 45th Street Bedding products. Particularly, the zip-covered mattresses, and the wool products we personally design.
Favorite Product: Premier Meridian mattress. Because I like thin firm beds, I chose the Extra Firm.
Favorite Product: Woodland Park Firm Latex Mattress. Especially because it fits almost any body.
Favorite Products: All of our Washable Wool bedding items because they prevent that clammy feeling while sleeping.
Favorite Products: Our natural comforters because they adjust to body temperatures. Specifically, the Wool for the Fall/Winter and Silk for the Spring/Summer.
Bedrooms & More opened its doors in 1972.
And we've been doing business on NE 45th Street in Seattle, just 2 blocks west of I-5, ever since.
Although we were originally a waterbed store, we're not anymore. However, you probably aren't surprised. We phased out this once-hot product a few years ago. Though we do still carry waterbed supplies for the true diehards!
Today, Bedrooms & More is a destination bedrooms store supplying the Pacific Northwest region & far beyond with high quality two-sided mattresses, bedroom furniture, & natural bedding.
We've grown and matured a lot as a business over the last four decades. Yet we've always stayed true to our core values: carrying quality products and building lasting relationships.
Following the waterbed craze of the 1970s, owners Jeff and Wanda Garfield began looking for a reliable alternative to waterbeds. Latex fulfilled that need with its similar conforming properties, with the added benefits of longevity, durability, and customization. Along with the introduction of latex to our store came an additional expansion into other varieties of mattresses, including innerspring and hybrid beds.
The mattress industry was taken over by private equity firms in the 1990s and subsequently slipped into the era of the "one-sided," "can't flip" mattress. Therefore at Bedrooms & More decided it was time to part ways with the mainstream.
We were unwilling to compromise on our standards of quality and longevity. Therefore, we didn't want to participate in duping American consumers. So we began collaborating with manufacturers to design custom beds exclusive to our store. Leveraging our long-standing relationships with manufacturers, we were able to set a precedent for how our mattresses would be made and what materials would be used. The well-being of our customers has always driven us to innovate and challenge the norm.
All of our latex is harvested from rubber trees, grown on plantations like the one pictured above, in southeast Asia.
The harvested rubber is whipped into a foam and poured into open molds. It is then cooked to the desired temperature using our own patented version of the Dunlop method.
The end result is a natural product with no chemical off-gassing that provides even comfort and support for years to come.
In 2009, we launched our sister company, 45th Street Bedding.
Raw commodities had become unreliable in their quality. Therefore, in order to uphold our standards, we decided to source and guarantee our own materials. After sending family members to southeast Asia to see the rubber tree groves and the factories where the latex was processed, 45th Street Bedding began importing its own botanical latex.
Botanicore™ became the exclusive, proprietary label for our latex cores. Furthermore, it has become the gold-standard for all latex on the market. Now, 45th Street Bedding is the largest importer of botanical latex in the Pacific Northwest. In addition to mattresses, we design, manufacture, and sell our own high quality bedding. Because it is breathable and great for temperature, much of it is wool. Additionally, the line is largely machine washable. comforters, mattress toppers, pillows, and beds pads and protectors.
In October 2018, we expanded our operation to include a brand new, state of the art building just half a block East of where it all began.
We are excited to have 21,000 more square feet for our customers to explore our products. Our original location on the corner of 45th Street and Latona in Seattle now offers seating. Now our new, fresh and modern shopping environment holds our bedroom furniture and mattresses.
From this broad history, it's the experience we've gained that we value most.
When it comes to sleep products, we know what works for comfort and what materials will last. Therefore, we're selective about our products. Because we know that most of the industry is not. Additionally, we're committed to taking responsibility for our choices as manufacturers and retailers, and to communicating transparently with customers.
If there's one thing we've learned in 46 years, it's that we'd be nowhere without our customers. That's why we've chosen to invest in your comfort and satisfaction by offering only the highest quality, most comfortable, longest lasting products on the market.
Between our extensive insider knowledge and our wide variety of products, we're confident that we can help improve your life and sleep.


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The Mississippi Library Commission is committed – through leadership, advocacy, and service – to strengthening and enhancing libraries and library services for all Mississippians.
We have answers!
Chat Monday-Friday, 8 AM - 5 PM (except MS state holidays)
Phone: 601-432-4492 or Toll free: 1-877-KWIK-REF (1-877-594-5733)
Email: mlcref@mlc.lib.ms.us
Lusia Harris, Mississippi Basketball Queen
Elisabeth Scott
Social Media and Reference Librarian
Lusia Harris
Delta State University, The Broom, 1977
Mississippi's queen of basketball, the one and only Luisa Harris, passed away earlier this week. She was a world-class pioneer of the sport, an Olympic medalist, and an NBA draft pick. She helped redefine how people view basketball, especially basketball played by women, and doubly so by Black women. I've always found her story inspirational: she was a force on the court and gave back to her community as a coach. She had grace under fire and she rose above the barbs people slung her way, concentrating only on basketball and her education. There aren't any biographies solely about her yet, but there are some great books about girls on the court out there that I think you should know about. Check them out at your local Mississippi public library!
Allie's Basketball Dream
Barbara E. Barber, author
Darryl Ligasan, illustrator
This 1996 picture book is perfect for girls who dream of playing basketball, but are either intimidated by boys who play or told they can't play because they're girls. You'll cheer for Allie when she makes her first shot. I bet Lusia would have loved this book!
Pippa Park Raises Her Game
Erin Yun, author
Imagine Great Expectations, only Pip is a Korean-American girl who loves to play basketball. That's right! Grace Yun has updated Dickens's classic in this 2020 middle grade book that is no whining--I'm looking at you, Pip--and all heart (and basketball!)
Shattering the Glass: The Remarkable History of Women's Basketball
Pamela Grundy and Susan Shackelford, authors
As this 2005 young adult book will tell you, women have been playing basketball practically since the sport was invented in 1891. If you want to explore girls playing ball, this is the book for you. Lusia Harris and her Delta State team are prominently featured in the chapter "The Fight for Title IX".
Full-Court Quest: The Girls from Fort Shaw Indian School Basketball Champions of the World
Linda Peavy and Ursula Smith
Did you know that a team of Native women playing basketball was one of the main attractions of the 1904 World's Fair in St. Louis? While this book lacks something in the way these women and other Indigenous peoples were treated as a whole, it is a fascinating look at women playing basketball and beating the pants off men. I think Lusia Harris would approve.
Inspired to learn more about Lusia herself? Don't miss Inaugural Ballers, coming this fall. (Yes, that's Harris with her Olympic medal, fourth from the left.):
The story of the first US women's Olympic basketball team, set in the context of Title IX and the women's rights movement of the early 70s, is the subject of my next book, INAUGURAL BALLERS, coming in fall 2022 from @VikingBooks. #NBCOlympics #Olympics pic.twitter.com/Pt30BsJhir
— Andrew Maraniss (@trublu24) August 8, 2021
Posted by MLC Staff at 12:08 PM No comments:
Labels: books, Mississippi
Meet MLC Monday: Evan Theilman
Reference and Social Media Librarian
Meet Evan Theilman, Patron Services Librarian and Readers Advisor in the Talking Book Services Department at the Mississippi Library Commission. Evan helps patrons select digital books, as well as responding to any concerns or questions they may have. He also assists in downloading books to cartridges for patrons. Evan holds a bachelor's degree in English from the University of Mississippi.
Evan began working at MLC December 1 and says he enjoys working for an organization that's motivated by helping people rather than being purely profit-driven. When asked why he thinks libraries are important, Evan responds, "Libraries provide everyone with access to information that used to be the domain of the wealthy. They're a great tool you can use to better yourself for free."
Evan spends a fair amount of his free time reading, especially science fiction and fantasy novels. Even though it falls into neither category, his favorite book is The Count of Monte Cristo. When he's not reading, you can find him building models, cooking, and playing video games and RPGs like Dungeons and Dragons.
Posted by MLC Staff at 8:00 AM No comments:
Labels: Meet MLC Monday, Talking Book Services
Books We Loved in 2021
It's the "best of" reading list you've all been waiting for! Every year, MLC staff put together their favorite books--novels, picture books, comics, nonfiction, what have you-- and post it here on our lovely blog for you, our dear readers. Hyperlinked titles are available in MLC's collection and many of these books are also available at your Mississippi public library. We've been sharing these lists for several years, so if you're looking for book recs you should check out some of our faves from years past: 2016 part 1, 2016 part 2, 2017 adults, 2017 kids, 2018, 2019, and 2020. Without further ado, these are the books MLC staff loved reading this year.
Black Buck (2021)
Mateo Askaripour
A look at the modern salesperson of today and the insanity of it all. Plus the author breaks the fourth wall in such a clever way.
Bunny (2019)
Mona Awad
Samantha Mackey, an MFA student at a prestigious university, REALLY doesn't like the girls in her fiction writing cohort: four rich girls who all call each other Bunny. But as Samantha gets closer to the Bunnies, she discovers a dark world of secrets, desire, and a sinisterness behind the Bunnies she never would have expected. A mixture of Heathers and The Secret History with a BIG dose of bonkers, Awad writes a darkly compelling page-turner of a book.
The Witch's Daughter (2008)
Paula Brackston
I picked this up at the Starkville Public Library Friends book sale on a site visit. I enjoyed the historical witchy time travel and romance aspects. I actually bought the second book because I enjoyed the first one so much. Book one was an easy/quick read.
Parable of the Sower (1993)
I love dystopian fiction, so I've been going back to read some of the classics. Parable of the Sower is hands down the type of masterpiece I was hoping to find.
The Girl with the Louding Voice (2020)
Abi Dare
Lakewood (2020)
Megan Giddings
How far would you go to help the ones you love? This dystopian work ponders that question while considering class and race in medical experimentation. This page-turner kept me guessing who Lena, the main character, could trust and when she would be pushed too far.
Less (2017)
I finally read this after so many people have recommended it. Arthur Less's escape becomes his journey. This book showed me that you can love a book even when you don't agree with the ending. Beautiful writing. I wish I could meet Arthur Less IRL.
Homegoing (2016)
Austenland (2007)
Shannon Hale
Jane Hayes, a graphic designer in her 30s, has a problem: no real man will ever match up to her love for Mr. Darcy. In order to cure herself of this obsession, she goes to an immersive Jane Austen theme park... though she doesn't expect to find love in the process. This is a cute, short, quick read (under 200 pages!) perfect for anyone who's spent a decent amount of time dreaming of Colin Firth in a wet shirt.
The Four Winds (2021)
Both empowering and heartbreaking, this well-researched work shows the struggle of so many families during a not-so-often talked about point in history, the Great Depression and the Dust Bowl. Even though the characters kept enduring hardships, their perseverance kept me coming back.
The Heart Principle (2021)
Miss Benson's Beetle (2020)
Offbeat, historical, British fiction about one woman's search for the golden beetle of New Caledonia. It brought me to tears. I would read it again. A beautiful, moving, witty book.
Things in Jars (2019)
Jess Kidd
Devil in Disguise (2021)
The House in the Cerulean Sea (2020)
T.J. Klune
Damnos (2013)
Nick Kyme
I'm a huge fan of the Warhammer 40,000 universe, and this book features a massive war between two of my favorite factions: the Emperor's Ultramarines and the ancient alien Necrons. The book is almost entirely action, but it does slow down enough to get the human characters' perspectives. The strategic planning and tactics used by the soldiers are also excellent.
The Millenium series
The Girl who Played with Fire (2006)
The Girl who Kicked the Hornet's Nest (2007)
Code Name Hélène (2020)
Ariel Lawhon
For the Emperor (2003)
Sandy Mitchell
While also set in the Warhammer 40,000 universe, this book is vastly different in tone from Damnos, following a political officer who has managed to stumble his way into becoming an Imperium-wide hero. Ciaphas Cain is an unconventional hero who is highly aware of his own cowardly ways, and desires nothing more than to remain out of danger. His actions, while self-serving in motive, also serve the best interests of the soldiers under his command, and he gains their trust and admiration by being cautious and careful with their lives.
My Girl (2007-2010)
Sahara Mizu
This Japanese comic series follows an office worker who learns that his old lover has died in an accident, leaving him to raise a daughter he never knew he had. It's simultaneously sad and wholesome, as he's thrust into being a single father while losing the love of his life, as he does his best to provide the love and support that his daughter needs.
If the Shoe Fits (2021)
Julie Murphy
The Secret Lives of Church Ladies (2020)
Deesha Philyaw
Flawless. Each of the stories in this slim volume is pure perfection.
Survive the Night (2021)
Riley Sager
The Forever Girl (2021)
Love for Beginners (2021)
One by One (2020)
Ruth Ware
Nothing to See Here (2019)
Kevin Williams
Lillian is called on by a former best friend she rarely exchanges letters with for a major favor; she wants Lillian to come take care of her husband's twin children from a previous marriage while he is making moves up the political ladder. The catch is no one can know about it/them, and they spontaneously combust when they have heightened emotions. The narrator does a wonderful job incorporating Southern accents naturally in a story that had me cracking up.
Waiting for Tom Hanks (2019)
Kerry Winfrey
Atomic Habits: An Easy & Proven Way to Build Good Habits & Break Bad Ones (2018)
A Lion Called Christian: The True Story of the Remarkable Bond Between Two Friends and a Lion (1971)
Anthony Bourke, John Rendall, George Adamson (foreward)
I tend to read a lot of science fiction, but this is the book that touched me the most this year. Someone recommended it to me, I put it on my TBR, and it stayed there for over two months. It's a thought-provoking look at the plight of many exotic animals all over the world. Some live out their lives in very restrictive situations. There is a YouTube series that goes with this story, but it was compiled years after the books was published. It consists of all of the videos that were made when the authors had Christian in their care.
Madhouse at the End of the Earth (2021)
Julian Sancton
In 1897, the Belgian ship Belgica is sailing to Antarctica, to explore the continent. Unfortunately, it gets frozen in and has to spend the winter in one of the most inhospitable places on Earth as disease and madness start to spread through the crew. Sancton does an amazing job describing this lesser-known voyage that's part horror story, part adventure story, all delivered with a beautifully novel-like touch.
Biography/Memoir
Solutions and Other Problems (2020)
Allie Brosch
The Secret to Superhuman Strength (2021)
Alison Bechdel
Persepolis: The Story of a Childhood (2003)
This memoir of the Iranian Revolution, told from the perspective of a young girl, is shown in stark black and white panels. As she grows older and the situation in Iran worsens, a young Satrapi grapples with the trials of adolescent rebellion alongside the tolls of war. I can't wait to read book two.
Memorial Drive: A Daughter's Memoir (2020)
Trethewey's words are so lush, so poignant, and so overwhelmingly beautiful that I was completely transfixed the whole journey through this short memoir. Could you expect anything less from this former Mississippi Poet Laureate and two-time United States Poet Laureate?
Can Bears Ski? (2020)
Raymond Antrobus and Polly Dunbar (illustrations)
Author Antrobus, who is Deaf, and illustrator Dunbar, who is partially Deaf, team up for this insightful and sweet look at childhood deafness.
White Socks Only (1996)
Evelyn Coleman and Tyrone Geter (illustrations)
I love picture books: the art, the spare text, and the way they combine together to convey stories to children. White Socks Only was a unexpected breath of fresh air. I'll be recommending this one a lot.
Mother Bruce series
Ryan T. Higgins
The Bruce Swap (2021)
Bruce's Big Fun Day (2019)
Bruce's Big Move (2017)
Bruce's Big Storm (2019)
Hotel Bruce (2016)
Mother Bruce (2015)
Santa Bruce (2018)
Spring Stinks (2021)
When Aidan Became a Brother (2019)
Kyle Lukoff and Kaylani Juanita (illustrations)
A little boy worries that his new sibling will have to confront uncomfortable things in their life, perhaps even things as tough as when he transitioned fully into being a boy. He sets out to make sure this won't happen and his parents provide soothing support to guide him. Super sweet and affirming.
Chicken of the Sea (2019)
Viet Thanh Nguyen, Ellison Nguyen, Thi Bui (illustrations), and Hien Bui-Stafford (illustrations)
An inter-generational story about pirate chickens--a must read!
The Birchbark House (1999)
Set just in the same neck of the woods and a mere thirty years before the events of Little House on the Prairie, this middle grade book introduces us to a little Ojibwe girl named Omakayas and her family. Erdrich delves deep into small aspects of daily life in this little community and earth-shattering events from the wider world that affect them. I can't wait to read the entire series.
The Lucky Ones (2022)
Linda Williams Jackson
Robert Kennedy's Southern Poverty Tour lends itself as a backdrop to this tale of determination, hope, and family love. Look for it in 2022!
Lalani of the Distant Sea (2019)
Erin Entrada Kelly
Inspired by Filipino folklore, this mythic tale of pluck and fortitude had me cheering for Lalani, who must save the people of her tiny village. I gobbled it up in a day.
Show Me a Sign (2020)
Ann Clare LeZotte
Have you heard about the Deaf community who lived on Martha's Vineyard in the early 1800s? LeZotte sets her suspenseful book of courage on the peaceful island.
Deathless Divide (2020)
Justina Ireland
The Magic Fish (2020)
Trung Le Nguyen
I love this graphic novel with all my heart. The interwoven fairy tales, the relationship between Tiến and his mother, the lovely, expressive art... this is the perfect coming out story.
Kageki Shojo!! (2021-2022)
Kumiki Saiki
Sarasa Watanabe is a loud, brash girl who's set her sights on playing her favorite role on the stage. Ai Narata is a closed-off girl who just doesn't want to deal with men. In order to achieve their dreams, the two enroll in a prestigious all-girls theater school. This manga series isn't afraid to tackle tough subjects, and the bright and infectious personalities of our two leads make for a compelling read.
Cemetery Boys (2020)
Aiden Thomas
Brujos and ghosts and romance, oh my!
Concrete Rose (2021)
If you loved The Hate U Give, you have to read its prequel Concrete Rose. Angie Thomas is spectacular yet again.
Have you read any of these books? What were your favorite reads this year? Let us know in the comments!
Racing to Meet that Reading Goal!
Shellie Zeigler
Library Consultant
Around this time of year, a lot of my friends and co-workers start talking about meeting their Goodreads or other reading goals for the year. I hear things like, "Oh, that's a small book, that will get me toward my goal." or "I met my goal. I can relax now." I get it, I do. I do the same thing. But I'm starting to have concerns about reading goals. Hear me out.
I make a reading goal every year. I started doing this seven years ago. My reading productivity, what an awful word, has increased every year since I started creating a goal (it took a small dip this year, but that's an anomaly). So, it makes me wonder, does making a goal truly increase the amount of reading I do, or has it increased the amount of reading I feel I need to do? Let me look back just a bit.
In 2020, I read 161 books. My goal that year was 150 books. Yes, I was very elated and proud of myself, but I was also embarrassed. I didn't want to tell people I read that many books, for several reasons. I didn't think people would believe me. Many of those books were also audiobooks, and I know that a lot of people don't feel that audiobooks count as reading. (I have strong opinions about this and have written about this before, but the audiobook stigma is still around). And lastly, I felt like it made me look like I don't have a life outside of reading. I know that may sound ridiculous, but I'm laying it all out here!
In 2015, I made a goal of reading 35 books. It was my first year to make a reading goal, and I achieved it. I read 38 books that year. I feel like I felt more accomplishment that year over those 38 books than I have any year since. I think it's because I didn't put pressure on myself. I didn't look at what other people's goal were. I didn't compare my reading goals to theirs. It really is true that "comparison is the thief of joy."
I've surpassed my goal this year with an admirable 92 books. (My goal was 80). I keep thinking, "What will I do for my goal for 2022?" Will I make one? I'm sure I will because I enjoy keeping track of which books I read in which year. It's a nice way to summarize the year--I love organization! But. I am going to work on taking the pressure off my reading self. My real 2022 reading goal will be to simply enjoy the books I choose and get off the treadmill of caring so much about the number. My wish is that you do the same.
Happy reading in 2022!
Labels: books, reading, reading challenge
What's on my Nightstand?
Lacy Ellinwood
Lead Library Consultant
The leaves have fallen, the temperatures are dropping, and the days are getting darker; that means it's time to hunker down with a good book. In my case, there is no shortage of books that have accumulated on my nightstand over the past year. I thought I would confess to YOU and only YOU what I lovingly curated from my chosen book peddlers over 2021 but haven't opened…YET. These are not book reviews. I will share why I chose these titles and what has kept me from diving into these books I was once so excited to acquire.
Edward Weston: His Life from Ben Maddow, published by Aperture in 2005.
Before becoming an employee at the Mississippi Library Commission, I was working on a second master's degree in humanities with a focus on film theory and art history, specifically in the medium of photography. I had studied the work of Weston and his partner Margrethe Mather and was looking to gain further insights into his work that might illuminate the concept of "the female gaze" in the art of Mather and other photographers. Aperture is a known publisher for high-quality materials on photography, so I naturally picked up the title when it was suggested by Thrift books. DARN YOU RECOMMENDED READS RIBBON! Due to the academic nature of the purchase, it has sat unread underneath my collagen face cream for nearly a year. My book shame has been bubbling, but I know that it will eventually be a good investment when I find that elusive thing called "time" to get back into my research interests.
The Scavenger's Guide to Haute Cuisine: How I Spent a Year in the American Wild to Re-create a Feast from the Classic Recipes of French Master Chef Auguste Escoffier, by Steven Rinella.
We all picked up watching, reading, and listening habits during the pandemic. One of my habits was consuming all content created by Meateater and listening to interviews from conservationist and writer Steven Rinella. You can find his show on Netflix and his podcast on Spotify. The man is fascinating, and while I do not encounter Alaskan brown bears regularly, or hunt and forage wild game, I am like most librarians and have a fascination for knowledge. I have learned a lot of about feral hog populations and that the fat pockets behind the eyes of a caribou taste like raw pizza dough. Thanks, Steven Rinella! This title is one of my most recent book purchases and my goal is to take it on an upcoming trip to my hometown of Buffalo, NY. I have a feeling I might get hungry on the plane while reading.
An Echo in the Bone, by Diana Gabaldon.
This is the seventh book in the Outlander series of novels. I have been slogging my way through this series for the past four or five years. What started with a discard at a library book sale has developed into a long-term relationship with Claire and Jaime. I fall in love with one book and then 1200 pages later need to take a breather. It's an on again off again sort of thing. I was in the breather phase with the series, but the pandemic was in full force and I thought I needed more reading material. A librarian never has enough reading choices, am I right? As I write this blog post I have started reading this book and it has acquired the dubious coffee mug stains of weekend leisure reading. While I appreciate the Starz television series of the books, there is much richer content to be had in these lush novels. Currently there are nine books in this series…looks like I might have some more titles to add to my nightstand for 2022.
My hope is that this confession relieves some of the anxiety you may have about your pile of best book friends waiting on your nightstand. Whenever you are ready, they are there to occupy the time of the brooding winter months or to break up a streaming binge session. I implore you to read what you love, when you love it, and know that there is a book for every reader.
We Can Help With That
Alex Brower
Information Services Director
What do To Kill a Mockingbird, The Color Purple, and The Sun Also Rises have in common?
They're all banned books! These classics have been banned, nearly banned, and everything in between for a variety of reasons, some of which you can read here.
On one side of those challenges there is always a librarian or teacher who was incorporating a novel into their collection or classroom. They had reasons behind choosing to add these books to their collection and teaching them to generations of students. When a book is chosen for a collection in a library or added to a school curriculum, there is typically a vetting process that involves reviews and research, as well as knowledge of a community. It is a deliberate and thoughtful decision. When a book is challenged or opposed, the librarian or teacher must defend their choice and dig up those reviews and articles and awards.
Or could someone else do the heavy lifting for them?
The Mississippi Library Commission is now offering a service for Mississippi teachers and libraries who face materials challenges or can feel one brewing and want to be prepared. We will do the research for you: finding awards lists, reviews, and articles that discuss the title in question so that you can more easily defend your collection and your community's right to read. All you need to do is call our Reference Desk at 601-432-4492, text us at 601-208-0868, or email us at mlcref@mlc.lib.ms.us. We will compile the information that you need so you'll have more time for other thoughtful and deliberate decisions.
For other information about dealing with materials challenges, feel free to visit our Intellectual Freedom Resources page here. We hope that you will not need this service, but know that it will be invaluable if you do.
Labels: banned books, libraries, MLC, Reference
Let's Go StoryWalking®, Mississippi!
Storytime is one of the most iconic services public libraries provide children. They're a great way to engage kids with books and get them up and moving around . You would be hard pressed to find someone who doesn't remember attending one at least once when they were small, whether with a family member, a day care, or a school group. When Covid-19 struck and social distancing became the norm, libraries were left scrambling to fill that gap. Many responded with successful virtual storytimes and outdoor storytimes, but StoryWalksⓇ, the 2007 brainchild of a Vermonter named Anne Ferguson, have exploded in popularity across the state and become the unexpected champion of storytime during the pandemic.
StoryWalksⓇ are a relatively simple concept. Break a book down to just its pages. Post those pages along a walking trail or around the library. Wait for the squeals of glee. Earlier this year, the Mississippi Library Commission invested a small portion of its LSTA funds into creating four initial StoryWalksⓇ for public libraries to borrow. We chose several popular picture books: Not Norman by Kelly Bennett, The Gruffalo by Julia Donaldson, How to Fold a Taco/Como Doblar un Taco by Naibe Reynoso and Ana Varela, and Kitten and the Night Watchman by John Sullivan and Tae-eun Yoo. Then our team of workers got to work disassembling the books, laminating pages, and cutting up velcro. We set up a Google document so that StoryWalkⓇ visitors could check in via QR code and we were up and running. Six library systems have already taken advantage and checked out these kits, and many more were inspired to create their own. They are a new welcome addition to festivals and parks that we hope will be around for years to come.
This year, Let's Move in Libraries and the Association of Bookmobile and Outreach Services have partnered to celebrate StoryWalksⓇ--and the librarians who create and promote them--across America with the first ever StoryWalkⓇ Week. Definitely visit their Facebook and Instagram pages to view the libraries showcased there. Want to check out one of our StoryWalkⓇ kits? Contact our Digital Consultant Charlie Simpkins at csimpkins@mlc.lib.ms.us to learn how. Want to create your own StoryWalkⓇ? The steps are outlined for you right here. Been to a StoryWalkⓇ in Mississippi? Tell us about your experience in the comments! And last, but certainly not least: happy reading!
Labels: MLC, StoryWalk
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Edvance360 Adds Videoconferencing Tool
By Joshua Bolkan
Edvance360 has partnered with MegaMeeting.com to add collaborative tools to its learning management system.
Dubbed E360 Live, the suite of tools includes a browser-based videoconferencing tool designed to allow instructors to "create ad-hoc learning opportunities, add synchronous components to asynchronous courses and create a blended/hybrid course," according to a news release. "Primary features include document sharing, live chat, live video-conferencing, live audio-conferencing and whiteboard capabilities."
Live sessions can be scheduled my teachers or course facilitators, and will then show up in an invited student's calendar. Students then join the session, which can be recorded, via any device they choose.
"This integration benefits Edvance360 clients by allowing course facilitators or instructions easy access to the scheduling and recording of live learning sessions," said Cathy Garland, vice president of marketing and sales, in a news release. "We are delighted to announce this seamless integration and look forward to serving and supporting our clients in providing our award-winning service and support, as they make greater strides to achieve uninterrupted live learning."
More information about Edvance360 is available at edvance360.com.
Joshua Bolkan is contributing editor for Campus Technology, THE Journal and STEAM Universe. He can be reached at [email protected].
Marshall University Future Proofs the Campus with Cloud
How SolarWinds Can Help With Your Distance Learning Goals


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A FOREIGN ESTATE REQUIRES CAREFUL PLANNING
With the relaxation of South African Foreign Exchange Controls and more investors seeking to diversify risk, many are creating offshore estates. People often don't think about what the offshore probate formalities might be, what the death duties position might be, and what other effects the death of the investor will bring about.
This is according to David Knott, fiduciary expert at Private Client Trust, a division of Private Client Holdings, who says that in many instances, a South African Will would be acceptable and recognised in that foreign jurisdiction, provided of course it complies with the South African formalities.
Forced heirship and the rules in other countries
Many countries either follow the Anglo Saxon or English rules of inheritance whilst many of the European countries follow civil law. Those rules, whether Anglo Saxon or civil also found their way to the colonies that the country in question settled. For example many of the West African colonies adopted the French Napoleonic code whereas those settled by the English would have adopted the Anglo Saxon rules. Interestingly in South Africa we a have a hybrid as the original settlers to what is now South Africa were the Dutch, where Roman Dutch law prevailed. Once the Cape had fallen to the British for the second time, gradually their influence prevailed in many instances.
If there is only a local will, the local executor, once appointed, would then need to appoint an agent in the foreign jurisdiction to deal with the foreign estate and effect a distribution to the heirs. A single world-wide Will is workable in many instances where there are no forced heirship rules in place," explains Knott. "There are no such rules in the common offshore havens such as Jersey, Guernsey or Isle of Man."
"Due advice and caution must be taken where forced heirship rules apply, for example in Scotland or in many European countries. In France, the freedom to dispose of assets is restricted if the deceased is survived by either descendants or ascendants. Descendants are preferred over ascendants and interestingly, a spouse is not regarded as a forced heir. If the deceased is survived by one child, that child must receive at least one half of the estate; where two children survive they must share equally two-thirds of the estate and if three or more children survive they must share equally three-quarters of the estate."
"Spain, Belgium, Portugal and most other European countries all have differing rules. Several jurisdictions demand that any fixed property in that country can only devolve under descendants and failing them, ascendants and only if none upon remoter beneficiaries. Matters complicate considerably once an estate is held in an Islamic country."
One "world-wide Will" or separate Wills for each jurisdiction?
However, according to Knott, whether there are forced heirs or not, obtaining the necessary local documents in a manner acceptable to the foreign probate office could take up some time, for example translations may be required and for this reason many would rather execute a separate Will in the foreign jurisdiction.
"One would need to identify an acceptable foreign executor to draft the offshore Will to ensure that all necessary requirements are met. Care must also be taken that the local Will and the foreign Will do not revoke each other and it is clear which estates must be dealt with in terms of that particular Will."
Generally, your offshore estate would be liable for estate duty in South Africa and may also attract some death duties abroad, depending on the amount. We have tax treaties with many countries to ensure that assets are not taxed twice, and the local tax authority would allow a credit here against any foreign tax paid in terms of the treaty.
"If you might have been born or lived in the foreign country where investments are held, the foreign tax authority might be keen to deem you still domiciled in that country and so claim death duties on your world-wide estate. Should this apply, it would be prudent for you to execute a declaration of domicile confirming when you gave up your domicile of birth and acquired a domicile of choice in South Africa to avoid this argument later."
Knott concludes that whilst fiduciary experts cannot be expected to know what the probate requirements are in every jurisdiction world-wide, it is still extremely prudent to contract the services of such a specialist who at least knows when to anticipate problems and also who one needs to consult with.
For more information contact Private Client Holdings on (021) 671 1220 or visit www.privateclient.co.za.