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Posts Tagged 'remainder beneficiaries'
Things to Consider When You're Named as Successor Trustee
NOVEMBER 2, 2015 VOLUME 22 NUMBER 40
When a family member dies, you will need to address a number of items. One that might come up: handling the revocable living trust they created.
If you are named as successor trustee you will have a number of obligations you need to discharge. You might need help from a lawyer and/or an accountant; you should not hesitate to consult one or both to figure out how much help you do need. Many of the successor trustees who consult us can do just fine without continuing legal help, but the process is not always easy or obvious.
We can provide you with an introduction to the considerations involved in handling a trust after the death of the trust's settlor. Before we start, though, these caveats/warnings are appropriate: we're only writing about Arizona law, and your situation might be very different than the other facts we assume here. Any questions in your mind about what needs to be done? Ask a lawyer.
With that in mind, here are some of the issues to consider shortly after the death of someone who named you as successor trustee:
What law applies? It's not always obvious. If your mother signed her trust in Arizona and lived and died in Arizona, and you live in Arizona as well, her trust will almost certainly be governed by Arizona law. But what if she lived in another state and you live in Arizona? Or if the reverse is true? Or the trust says that another state's law will apply?
The general rule: the law of the state where the trustee lives usually applies. That's you, not your now-deceased mother. If you are the trustee, start by talking with a lawyer in your own community, and ask her whether she is the right person to advise you (of, if not, if she can refer you to someone in the right state).
Notice to beneficiaries. The law of many states — including Arizona — requires specific written notice to the beneficiaries of a trust after you take over as trustee of an irrevocable trust. Did you manage the trust for a time before your father's death? Ask your lawyer about the applicable state law. This is an area where state laws differ.
Arizona says that notice is due within sixty days of a trust becoming irrevocable (as, for instance, upon the death of the settlor):
Within sixty days after the date the trustee acquires knowledge of the creation of an irrevocable trust or the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise, shall notify the qualified beneficiaries of the trust's existence, of the identity of the settlor or settlors, of the trustee's name, address and telephone number, of the right to request a copy of the relevant portions of the trust instrument and of the right to a trustee's report as provided in subsection C.
That's Arizona Revised Statutes section 14-10813(B)(3). Note that it refers to a list of items the notice must include. You can read that description at the same link, but it basically requires information about the settlor, the trustee, the trust and its assets.
Identifying the beneficiaries. Who is a "beneficiary." Suppose your father's trust says that if you, all your children, and all your cousins die in a common accident, everything goes to a charitable organization. Does that mean that all notices have to be sent to that charity, too? Not necessarily.
Arizona defines people and organizations who need notice (they are called "qualified beneficiaries") to include everyone who is entitled to (or even can receive) income or principal right now, plus anyone who could receive trust money if one thing happened (like the death of a beneficiary). That's a bit of a simplification, but it should help figure out who is entitled to notice. The details are in Arizona Revised Statutes section 14-10103(14). It's a little hard to read and interpret — talk to your lawyer about it if you have any difficulty figuring out who is a "qualified beneficiary."
Review the trust. Not just the parts identifying the beneficiaries, or the list of successor trustees. Read the entire trust. It might tell you to do more than the law requires. In some cases, it might tell you that you can do less than the minimum spelled out in the law — though sometimes those provisions are ineffective. Talk to your lawyer if you have any questions about minimum or maximum requirements.
Certificate of trust. When your mother signed her trust, she probably created a short (two- or three-page) document that listed the trust's name, her status as trustee and the name of her successor trustee (among other things). You will probably want to prepare a similar document as successor trustee, and it might need to be filed with the County Recorder's office in any county where the trust owns real estate. Arizona Revised Statutes section 14-11013 tells you what you might include in that certification, but it doesn't provide a form. Having a hard time finding a good form? That's because every case is so different — depending on how many and who the beneficiaries are, what kinds of assets the trust holds, the relationship of the successor trustee, and other things. Ask your lawyer for help.
Taxes. You knew that taxes would be an issue, right? Someone (and it's probably you) will need to sign and file a final federal income tax return for the part-year they lived. The trust will be a separate taxpaying entity, and will need to secure a taxpayer ID number (an EIN) and file at least one federal income tax return. There will need to be state income tax returns for the state where your family member lived, and for the trust in one or more states. This is a good item to discuss with your accountant.
There's more. This list is far from complete. It's an attempt to give you some idea of what you're facing, and to help you figure out whether you need to consult a lawyer. Not sure? That's the best evidence that you need to get good legal counsel.
Subjects: death, fiduciary duty, income beneficiaries, income tax, remainder beneficiaries, successor trustee, Taxes, trustee
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New Florida "Trust Protector" Case Shows How the Idea Can Work
DECEMBER 8, 2014 VOLUME 21 NUMBER 44
We've written several times about the relatively new concept of "trust protectors." The idea is that a trust can be much more flexible if someone — necessarily someone who is entirely trustworthy — has the power to make at least some kinds of changes after the trust becomes irrevocable. The precise power of a trust protector can usually be spelled out in the trust document, but frequently includes the power to amend the trust (or even terminate it), to change beneficiaries or to remove a trustee and name a successor.
While trust protectors have been the subject of much writing, they are still new enough not to have been spotted in the court system very often. Some of that, of course, is because the very existence of a trust protector can sometimes avoid the need for court action — or head off a court contest, if someone is unhappy with the trust's administration. Mostly, though, the idea is too new, and has not even been formalized in many states.
Arizona has a specific statute allowing trust protectors. States are increasingly codifying similar provisions, often as part of the Uniform Trust Code, which has been adopted now in over half of the states. Florida is one of those states, having adopted its version of the Uniform Trust Code — expressly including a provision for trust protectors — in 2008. Now a new appellate case out of Florida gives some insight into how the trust protector might be used.
Zach Moore (not his real name) was a successful businessman who retired to Florida, where he lived with his second wife Patty. He had two children from his first marriage. Like many people, Zach decided that he should have a revocable living trust; he signed trust documents in 1999 and rewrote them in 2008, the same year that Florida adopted the Uniform Trust Code. His new trust included a provision permitting the trustee to name a trust protector in order to amend the trust to clarify any ambiguity in the future. He also included some specific language making it clear that after his death the trust was to be primarily for his wife's benefit, and that his children's shares would be created only on her death. He and Patty were named as trustees, and upon his death Patty would continue as sole trustee.
Zach died in 2010, and Patty took over as sole trustee. Not long after that, Zach's two children brought a suit against Patty alleging that she was not managing the trust properly, and demanding an accounting from her. She filed a motion to dismiss, alleging that they were not beneficiaries of the trust at all — their separate-share trusts, she argued, would be created only upon her death.
The trial judge disagreed, ruling that the trust would divide into separate shares, not be transferred to new trusts. That meant that the children were beneficiaries, although their interests did not arise until Patty's death. Still, they would have standing to challenge her administration of the trust.
Patty's response: she appointed a trust protector, as provided for in the trust document. That trust protector amended the trust to make clear that upon Patty's death the then-trustee was to distribute the remaining assets to a new trust, which would then split into two shares for Zach's children.
Did that resolve the issue? Not quite. The trial judge ruled that the purported amendment by the trust protector was ineffective, because it did not benefit all the beneficiaries of the original trust — it would leave Zach's children with no power to challenge Patty's actions as trustee.
Patty appealed, and the Florida Court of Appeals reversed the trial court's ruling. The appellate judges first noted that the then-new Florida Trust Code allowed for inclusion of trust protectors, and that the powers given to the trust protector in Zach's trust were not outside the scope of the law. Importantly, the appellate court specifically rejected the children's argument that the Uniform Trust Code makes court modification the only way to amend an irrevocable trust.
The Court of Appeals went on to note that the trial judge's reading of the trust to find a single trust dividing into shares was not unambiguously clear from the trust document. That meant that the trust protector's actions to clarify an ambiguous provision was clearly within his authority — and the amendment was valid. "From the trust protector's affidavit," wrote the court, "it appears that the husband settled on the multiple-trust scheme for the very purpose of preventing the children from challenging the manner in which the wife spent the money" in the trust he had established. That purpose should be upheld, decided the appellate judges; the court specifically approved the trust protector's amendments. Minassian v. Rachins, December 3, 2014.
Arizona's trust protector statute is, if anything, broader than Florida's statute. Powers that can be assigned to a trust protector are spelled out, with the specific provision that they are not limited to those listed. Trust protectors can be an important and effective way to address possible future disputes; it can make sense to include a trust protector, especially in a case where future contentiousness is anticipated.
Subjects: accounting, Florida Court of Appeal, Florida Court of Appeals, Minassian v. Rachins, remainder beneficiaries, stepchildren, stepmother, Trust Protector, Trustees
What To Do About a Child Who Can't Handle Money
SEPTEMBER 1, 2014 VOLUME 21 NUMBER 31
A reader asks: "could you do an article on how to leave inheritance to a son who is not good at handling money? Should I leave his portion to another son who is good at it? They are very close and would get along."
First we have a disclaimer, then the answer, then an explanation.
The Disclaimer
We don't know our reader's life situation, or her son(s), well enough to give her actual legal advice. The answer we offer will be based on generalities, and might not apply to her very well. This is why one hires a lawyer — to get actual advice based on one's real circumstances (oh, and for drafting of the documents — but that's usually less important than the advice).
We do have some observations and suggestions to consider, but they are based on situations that we have seen before and our knowledge of law and human nature. They are offered not as an answer, but as an exploration of some of the alternatives our reader — and you, if you are in a similar situation — should think about.
What you probably need, dear reader, is a trust for the benefit of your son who is not very good at handling money. Whether your son who is good at handling money will serve as trustee or not should be a question that you discuss with your attorney. But if you meant to ask whether you should just disinherit your son who is not good with money and give a double portion to your other son (expecting him to take care of his brother) — the answer to that question is a clear and firm "no!"
Some Definitions
(Special bonus section. It will help the explanation flow more smoothly.)
An arrangement where one person handles money for the benefit of another is called a trust. A trust can be formal, with lots of legalistic provisions and directions to the trustee, or very simple. You can simply hand a check to one person, saying "here, take care of this for your brother" and create a trust. But don't — that's a sure way to destroy familial relationships and transfer family wealth to lawyers. It is important to have an actual trust document.
A trust can be created in your will (in which case it is called a testamentary trust) or while you are still alive (in which case it is usually called a living trust, though some lawyers prefer the term inter vivos trust). The person who is entitled to receive benefits from the trust, whether right now or upon the death of the current recipient, is called a beneficiary.
A trust that prohibits the beneficiary from transferring his or her interest in the trust's assets to another person is called a spendthrift trust. That doesn't necessarily mean that the beneficiary is a spendthrift, though he or she may be.
The person who handles money for another is a trustee, and a trustee is a fiduciary. A fiduciary has an obligation to report the finances of the trust to the beneficiary (beneficiaries, actually — the people who receive benefits on the death of the current beneficiary may also be entitled to reports. But that's a topic for another day).
If you create a testamentary trust (in your will, remember?), you have pretty much assured that your estate will need to go through the probate process in order to fund the trust. That's not necessarily a bad thing, but it often comes as a surprise to clients. Avoiding probate while establishing a trust usually means a more expensive estate plan.
The Explanation
The question is deceptively simple, and the answers have a number of repercussions to consider. Can you simply disinherit a child who is not good with money? Yes, you can (at least in Arizona, and assuming the child is not a dependent or minor child). That might lead to hard feelings, and even litigation, but assuming you are competent and your wishes are clearly stated, the disinheritance should be effective.
At the same time, you can leave a disproportionate share of your estate to someone else. You can even tell them you expect them to take care of a sibling (or a grandchild, or a spouse, or anyone else you are disinheriting). But you can't expect them to actually carry through. They may be saintly and responsible, but they are not immortal. Your son will probably leave his estate to his wife or children — and they might or might not carry through on his obligations. Or your son might have business reverses, or be sued by someone he injures accidentally, or … you can begin to see the variety of problems that could arise.
There's a practical problem in addition to the legal/financial one. Your two sons get along well? We can tell you that cutting one out and telling the other to take care of his brother will end that positive relationship. The disinherited child will feel like he has to beg for something he is entitled to. The favored child will feel like he has been thrust into a parental relationship with his brother. Each will resent the other.
By creating a trust, you reduce that problem — but you do not eliminate it. The trustee son can now point to the document to explain his decision ("see? Mom said I was not to just turn the money over to you to buy as many cars as you thought you needed"), but there will still be a fundamental change in their relationship. You might want to consider making someone else trustee.
But who? The brother who already doesn't get along with the beneficiary? (Don't dismiss this idea so quickly — the question is asked half-humorously, but half-seriously.) The bank? Another family member (the cousin who is a bank officer, perhaps)? A professional (your accountant, your lawyer, your broker)? A professional fiduciary (they are set up in many, but not all, states)? Each of those choices has positives and negatives, and they are the topic for some future discussion here — and a more immediate one with the lawyer you hire to draft your trust.
Best of luck. It's not easy to deal with your children's different needs, abilities and expectations.
Subjects: disinheritance, estate planning, income beneficiaries, living trusts, remainder beneficiaries, testamentary trust, Trustees
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Remainder Beneficiaries Not Entitled to Trust Beneficiary's Financial Info
SEPTEMBER 12, 2011 VOLUME 18 NUMBER 32
Imagine with us for a moment: you are the trustee of an irrevocable trust created by a now-deceased woman for the benefit of her daughter. The trust says that her daughter is to receive all the income generated by the trust. You are also given the discretion to give the daughter some of the trust's principal if she needs it. When the daughter dies, whatever is left in the trust will go to her nieces and nephews, the grandchildren of the original trust settlor.
You have just gotten a letter from the daughter, asking you for an additional $3,000 per month to pay for her care. You know that the remainder beneficiaries — the nieces and nephews — might object to that extra distribution. What should you do?
That is essentially the problem faced by Citigroup Trust, which is trustee of just such a trust. It was established by Esther Caplan for the benefit of her daughter, and it is administered in Arizona. After Citigroup began making regular distributions to the daughter, one of her nephews questioned whether the trustee should be giving her additional funds. Eric Bistrow told Citigroup that he wanted more information about his aunt's finances, and that he wondered whether the trust was funding a too-lavish standard of living.
To make sure that they understood the daughter's needs, Citigroup requested (and got) tax returns and a budget. They decided to keep making the distributions, but also to ask the Arizona courts for direction.
Citigroup filed what in Arizona trust law is called a "Petition for Instructions." They essentially asked the probate judge to tell them whether they were right to make the discretionary distributions of principal.
In the course of the proceedings, Mr. Bistrow and his attorney asked to look at his aunt's budget, tax returns and financial information. Citigroup declined, saying that the information was private and should not be shared. How, then, would Mr. Bistrow know that they had properly considered her financial needs? The trustee suggested that it would give the records to the probate judge, and let him review them privately; if there were concerns or questions, the judge could make the decision to share them, or some portion of them.
The probate judge agreed, looked at the records, and approved the past and proposed future distributions to Ms. Caplan's daughter. It also confirmed that Mr. Bistrow and the other nephews and nieces were entitled to statements showing how much was actually distributed, as well as how much was earned by the trust and what other expenses it incurred.
The nieces and nephews appealed, arguing that they were not being given enough input into the decision to distribute trust principal to their aunt. Their position was that they should be notified before any distributions could be made, that they should be given full financial information, and that they should be given an opportunity to weigh in on their aunt's need for funds.
Not so, ruled the Arizona Court of Appeals. Mr. Bistrow and the other remainder beneficiaries are entitled to be treated fairly. They are entitled to know what the trustee is doing. They are entitled to ask the courts to intervene if they think the trustee has exceeded its authority. They are not, however, entitled to see their aunt's financial records, or to vote on whether the trustee should exercise its discretion to make distributions to her. In Re the Matter of Esther Caplan Trust, September 1, 2011.
The Caplan case is focused on a narrow question, but it has broader application. It also raises (but does not answer) a number of interesting questions. It gives important guidance to trustees on how to safely exercise the discretion given by a trust document.
What are some of the lessons of Caplan? A few come to mind:
Asking for court review of decisions which might be challenged should always be considered. It may be that the amount in controversy is too small to justify court involvement, or that the trustee's decision is simply unassailable, or that the remainder beneficiaries are agreeable. But in any case in which there might be disagreement, the Petition for Instructions is a good safeguard for the trustee.
Remainder beneficiaries are important, and their interests need to be considered in administering a trust. But the income beneficiary's interest is usually paramount. Remainder beneficiaries are not in charge of trust administration.
Notwithstanding that remainder beneficiaries are not in charge, they are still entitled to sufficient information so that they can determine if their interests are being adequately protected. But "sufficient information" is not the same thing as "complete information." It may sometimes (rarely, but occasionally) be appropriate for a trustee to withhold sensitive or personal information. Usually, it would be wise to identify the information which is not being shared, so that the remainder beneficiaries can make a reasoned decision about whether to challenge that determination, too.
Creative thinking can come up with solutions that protect everyone's interests and violate none. Giving the judge a chance to review the financial records in camera (privately) was just such a creative solution.
Subjects: Arizona Court of Appeals, Esther Caplan Trust, income beneficiaries, irrevocable trust, Petition for Instructions, principal distributions, remainder beneficiaries, Trust administration, trustee, trustee discretion, Trustees


What can be done to promote better representation.
Design is dominated by white, able-bodied men. But it doesn't have to be. What discourages people from entering the industry? And what can we all do to encourage more inclusivity?
A recent report issued by the UK Department of Digital, Culture, Media and Sport made for rather depressing reading. Despite the good news that design in the UK is thriving, employing 57 per cent more people in 2016 than 2011, it revealed that the industry is mostly white, male and from 'more advantaged groups'.
Compare the figures to the national UK working population (UKWP), and the results are even more unsettling. While the UKWP has almost equal numbers of males and females, the UK creative industries is made up of 63 per cent males and 37 per cent females.
The report, did however, reveal some cause for optimism. Between 2015 and 2016, the number of designers from black, Asian and minority ethnic (BAME) backgrounds increased by a whopping 49 per cent.
Meanwhile the amount of women increased by 22 per cent, the second highest increase across all of the nine creative industries sub-sectors, after advertising and marketing. The number of EU nationals working in design also increased by almost 24 per cent in the same period.
But why does diversity matter? Aside from the ethical reasons too obvious to outline, inclusivity is also good for business. Diverse teams mean new approaches and new markets, and have been proven to be better at problem-solving. This is something that Hana Tanimura, who leads Google's Creative Lab in London, has seen in practice.
Having a diverse team could also help tap into groups you may have previously overlooked. For example, the UK's black and minority ethnic population has an estimated spending power of £300 billion and Gov.uk puts the spend of disabled people and their families at £212 billion.
But with such a multitude of issues at play when it comes to diversity, the topic can be a tricky one to address head on – where do you start? We spoke to industry experts about some of the reasons why design isn't already inclusive, and what you can do to tackle this.
Unpaid or poorly-paid internships and the London-centric industry are also likely to put off potential candidates. "If you look at what it costs to live in London now, it's hugely prohibitive," says Ansel Neckles, co-founder of Let's Be Brief – a platform that aims to upskill and champion creative entrepreneurs. A Londoner by birth, Neckles says that he would never have been able to get into advertising were it not for his family home in the capital.
How can we address the creative industries' image problem and show that design can be a rewarding – and lucrative – career choice? Both Bunbury, who didn't meet another black graphic designer until well into his 30s, and Neckles, believe that visibility and role models are integral.
Although there's probably not much (aside from campaigning) that you can do about greater wealth inequality or the undervaluing of the creative industries more widely, studios can make sure there are routes in for less privileged talent. You can start by paying interns the Living Wage, and could consider developing an apprenticeship scheme.
And everyone can support organisations aiming to widen access to creative careers, such as Pitch It, Let's Be Brief and We Are Stripes with time, money or, even better, both.
Bunbury agrees: "Everything I learned from how to set up a grid to how to pitch, I learned on the job." When working for a larger agency, Bunbury spent every Friday afternoon holding portfolio reviews as an alternative way of spotting potential hires. "It takes a lot of time, but the results are worth it," he says.
A policy of hiring on 'potential' rather than 'proof' also helps combat gender bias. Research by Hewlett-Packard found that women only apply for jobs when they feel they're a 100 per cent match, whereas men only feel they need to meet 60 per cent of the requirements.
"If you really want to find talented people, you need to start having conversations in places that you don't normally have them," says Neckles. Building relationships with networks such as Pride AM, People of Creativity, Open Inclusion and Advertising and Disability can help make sure your job ads are reaching a broad spectrum of people.
And think outside the box – for example, Let's Be Brief has a show about creativity on radio station NTS, whose motto is 'Don't Assume'. "Find people in the places that matter to them; you can't assume they'll gravitate towards you," adds Neckles.
Diversity recruitment goals can help. Digital agency ustwo has an agreement with its recruiter than 50 per cent of candidates must come from under-represented groups. "I'm sure that got me on an interview list," says Fuchs. Evaluate your current process: is your recommendation scheme just bringing in identikit designers? Are your interview questions standardised to make for fair comparison? How gender neutral is the wording of your ad?
Starting a conversation about the language you use can lead you to interesting places. Social media platform Buffer changed the wording of its job ads from 'hacker' to 'developer', for example, in a bid to attract more women.
"The problem with bias," says Wolff Olins' Ije Nwokorie, "is that we all want to think we're not. But we're all human beings and we all form biases." Organisations such as Altogether Different, Equality and Diversity UK and Creative Equals all offer unconscious bias training, which helps staff identify where those prejudices might come into play.
Given that research from totaljobs finds almost one in five hiring managers make a decision on a candidate within a minute of meeting them and 44 per cent decide after just 15 minutes, making sure your team is as open as possible is integral. You could also consider implementing blind portfolio reviews or using an organisation such as GapJumpers, which strips applications of identifying info.
Your interview process may also be discouraging or discriminating against talented candidates, including those with disabilities.
"It may be worth deviating from the standard interview process altogether and instead, provide a work trail or test," suggests Waite. "Hypothetical or obscure industry terminology can be challenging to some people, as can questions that require overly imaginative answers," she explains.
"It's not just about recruitment, it's about retention too – and that's something you need to work at constantly," says Fuchs. Luckily, many strategies for making sure people from under-represented groups thrive in the studio make the workplace better for everyone.
Karwai Pun, an interaction designer at Government Digital Service, which has been improving digital services for users with all types of disabilities, says: "Having people with disabilities on staff brings greater insight into usability testing, accessibility training and design discussions.
Mentoring schemes can also be run internally. King, the games company behind Candy Crush Saga, runs a scheme called Women@King, which promotes equal opportunities for women in gaming. King is also involved with RoyaLGBT & Friends, a global network that supports LGBT+ employees and allies.
Interestingly, King has recently started reframing 'diversity' as 'inclusion'. "With inclusion, we look as whether people feel respected and valued," says the company's diversity and culture manager Natalie Mellin, who also points out that people usually fit into more than one 'category'.
Agency ustwo has also made a conscious move towards gender equality. Designed to disrupt the statistic that only 12 per cent of creative directors in London are female, ustwo's new leadership programme for female employees involves women sitting in on all leadership meetings. "If you see how decisions are made, you're more likely to think, 'I can do that'," says Fuchs.
In March, the studio announced that male and female employees can now both take the same maternity leave – six months paid leave – and in the past year they've reduced their gender pay gap from 13 per cent to 3.5 per cent by in-depth analysis of pay difference and why it happens.
Your accessibility and diversity champions should actively attend events and share stories on social media.
The studio regularly blogs about its diversity challenges and strategies – something Pun stresses is important. "Your accessibility and diversity champions should actively attend events and share stories on social media." This is not bragging or virtue signalling, but a way to flag to designers from under-represented groups that your company would be an inclusive place to work.
To address this, employees could reconsider increasing employees' access to training and experiment with reverse mentoring, where the creative director shadows a junior employee to see where issues may be arising. Clear goals for progression and promotion can help and, in case things go wrong, make sure your HR support is as independent as possible.
Knowing your own value is also integral for those from under-represented groups. It can help to push the industry to value diversity more widely. "Embrace your cultural identity; it's not necessarily a barrier," says Bunbury. "In all things you do, you should be drawing from a wide creative cultural palette, it's the thing that will give you uniqueness and make your work stand out," he explains.
Resources like Otegha Uwagba's new title Little Black Book are invaluable for creative women – and indeed all creatives – in developing strategies for things that hold them back.
From calling out offensive office 'banter' or refusing to sit on judging panels or give talks unless there's a representative mix of people to asking new employees whether they're okay with whatever pronoun you have assumed to use, being open and honest is a good way to start being an ally.
Push clients to rethink their audience or include more diverse faces in their campaigns, and draw on resources like illustration network Women Who Draw (where you can find female, LBTQ+ or people of colour specialist illustrators), racially diverse photo library Autograph Media and stereotype-bashing modelling agencies, such as Campbell Addy's Nii Agency.
This article was originally published in issue 271 of Computer Arts, the world's best-selling global design magazine. Buy issue 271 here or subscribe to Computer Arts here.
How do you judge your success as a designer?


Hideki Yamaya, an acclaimed lutenist from New Haven, CT will present a solo recital on 10-course Renaissance lute from 7:30pm to 8:30pm on Wednesday 14th February at OSU.
The program will include selections from early 17th-century England, France, and Italy. Composers represented will include John Dowland, Robert Ballard, Johann Kapsberger, and Alessandro Piccinini.
Mr. Yamaya will also present a lute song concert with OSU vocal faculty Amy Hansen, soprano and Nicholas Larson, tenor, on the evening of Thu. Feb. 15 at the same venue from 7:30pm to 9:00pm.


Parker, Marguerite Anne. Peacefully, with family by her side at the Hamilton General Hospital on Thursday April 28, 2016 in her 81st year.
Marg Parker beloved wife of the late Stan Parker. Loving mother of Connie and Karen Parker. Predeceased by her son Jack. Lovingly remembered by her grandsons Steven (Ashley), Jason, Tate and great grandson Harrison. Survived by her brother Jim Dymond and sister Joan Bond. Predeceased by her brothers Jack, George and Roy. Sadly missed by her nieces, nephews and their families. Marg was a dedicated employee of Proctor & Gamble for many years and she will be missed by her many friends and co-workers.
- The Dunnville District Heritage Assn.


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InterContinental Puts the Kibosh on In-Room Porn
Travel Technology Mar 1, 2016
Tim Winship
After 20 years working in the travel industry, and 15 years writing about it, Tim Winship knows a thing or two about travel. Follow him on Twitter @twinship.
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@twinship tim.winship@smartertravel.com
Lagging the likes of Hilton, Hyatt, Ritz-Carlton, Marriott, Starwood, Omni, Drury, and Nordic Choice hotels, InterContinental will become the latest and one of the last major hotel groups to eliminate adult content from its in-room on-demand TV offerings.
Although the company already discouraged its hotel operators from including pornography among their in-room entertainment options, there was no official prohibition of the practice. Now there will be, with penalties imposed on hotels that are found to be non-compliant.
RELATED: Lawmaker Targets 'Deceptive Hotel Fees'
In an email sent to Breitbart News, an IHG spokesperson portrayed the new policy as consistent with the company's commitment to "a range of initiatives designed to safeguard human dignity – from supply chain protocols and human rights to sexual exploitation." Indeed, Hilton was among the companies called out by the National Center on Sexual Exploitation in 2015, which listed the hotel chain as one of the "12 leading contributors of sexual exploitation."
Following InterContinental's announcement last week, the NCSE lauded the policy change as follows:
InterContinental Hotel Group will perform an audit of their more than 4,800 properties around the world and is insisting that all hotels immediately cease selling porn films or face the risk of losing good standing as an IGH brand. IHG made this move without having to be publicly named to the Dirty Dozen List.
While ethical considerations may have played a part in the decisions by InterContinental and other hotels to cease offering porn, as they should, there are other less high-minded factors in play here as well. First among them, of course, is the proliferation of WiFi availability, and travelers' access to online content through their mobile devices. Hotel TV has been rendered increasingly irrelevant, as have the fees generated from on-demand programming, both X-rated and family-friendly.
Hotel porn is neither ethical, desirable, or profitable. And, for those reasons, it's no longer the industry standard.
Reader Reality Check
Is in-room porn an option you will miss?
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Flyer Complaints Increased by 30% in 2015. Worst: Spirit
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redpajama_set_name: RedPajamaCommonCrawl


Jesse Sylvia and Russell Thomas became close friends through Internet poker and cash games once they no longer could play online.
They talked often two summers ago about what it would take to reach the final table of the World Series of Poker's $10,000 buy-in No Limit Hold'em World Championship. The pair shared living space in Las Vegas during the 2011 tournament, going to dinner every night to discuss poker, chip counts, game strategy and the Main Event.
"We would just get each other pumped up," Sylvia said.
Neither had what could be termed a great showing at the World Series of Poker last year.
Sylvia cashed once, finishing 175th in a $1,500 buy-in no limit hold'em six-handed event, earning $2,954. Thomas placed 248th in the Main Event, collecting $40,654.
Little could they imagine a year later they would both be within striking distance of an $8.5 million payday.
The pair rose above the starting field of 6,598 to land opposite one another at the 2012 Main Event final table early Tuesday at the Rio.
Sylvia, 26, and Thomas, 24, will join seven other players Oct. 28-30 on stage at the Rio's Penn & Teller Theater to determine poker's world championship. Seven will earn more than $1 million, while ninth place is a guaranteed payment of $754,798.
The field - eight Americans and a Hungarian professional poker player - range in age from 21 to 57.
Two players - Greg Merson, 25, of Laurel, Md., and Steven Gee, 57, of Sacramento, Calif., - have previously earned World Series of Poker individual event gold bracelets. Merson has more than $1.2 million in career tournament earnings, due in large part to winning his bracelet two weeks earlier.
Most players, like Sylvia and Thomas, learned on the Internet and mainly play cash games.
"He's probably one of my best poker friends," Thomas said of Sylvia. "We both got really good learning from each other."
Thomas, an actuary from Hartford, Conn., is fourth among the chip leaders with 24.8 million. Sylvia, who is originally from Malden, Mass., but now lives in Las Vegas, leads the field with 43.875 million in chips.
"I actually feel like I'm dreaming because everyone I know is in it," Sylvia said. "This is really weird. I know Greggy (Merson) pretty well also. Russell visited me last summer. We're really good friends."
With $8.5 million and poker immortality on the line, the friendship will end for a few days in October.
"I'm just going to poison him," Sylvia joked. "He's coming to visit and I'm just going to take him out then."
Both players said they would spend the next few months improving tournament skills before returning to the Rio.
Gee, the oldest player at the final table, said his experience in winning a $1,000 buy-in no limit hold'em event in 2010 and earning $472,479, helped carry him through nearly 11 hours of play Monday and Tuesday.
"I'm probably the most overlooked bracelet winner in the tournament," said Gee, who sits in fifth place with 16.86 million chips. "I'm not really a tournament player. I'm a cash game player. Having been through a final table in 2010 did help. I didn't think I could win that event. It was something like a 3,000-player field and when you walk into a football-sized room with poker tables, it can be kind of intimidating."
Roughly 34 million chips separate Sylvia from ninth-seeded Jeremy Ausmus, 32, a professional poker player who lives in Las Vegas.
Ausmus, who has 9.805 million chips, knows Sylvia and Gee from cash games at Bellagio. He said making up ground could come quickly. Sylvia was close to being eliminated Monday afternoon when the action began with 27 players. He started in 13th position.
"Look at Jesse. He was all-in, caught a couple of hands and jumped up there quickly," Ausmus said. "A couple of double-ups and I'm right there, so I'm not too worried about my position at all."
History may happen at the final table.
Jake Balsiger of Tempe, Ariz., who sits in eighth place with 13.115 million chips, could become the youngest-ever World Series of Poker Main Event champion in October. Balsiger, 21, a senior at Arizona State University, would eclipse 2009 world champion Joe Cada, who was just shy of his 22nd birthday when he captured the crown.
With eight Americans, the final table's makeup differs vastly from 2011, when the final table represented seven different countries, with Americans in only three chairs. Pius Heinz of Germany defeated Martin Staszko of the Czech Republic for the title.
The only international player at the 2012 final table had a role in eliminating the last two non-American players, both women. Andras Koroknai, 30, from Debrecen, Hungary, is second in chips with 29.375 million.
First, he eliminated Elisabeth Hille of Norway in the 11th spot, which moved the field to a single table of 10 players shortly before midnight. About a half-hour later, Koroknai knocked out Gaelle Baumann of France, in 10th place to set the final table.
Hille and Baumann earned $590,442 and marked the first time in tournament history that women finished in both 10th and 11th place at the Main Event. Baumann's 10th place finish equaled Annie Duke's 10th place in 2000.
A woman hasn't reached the final table of the Main Event since 1995 when Barbara Enright placed fifth.
Close friends will vie at World Series of Poker final table is republished from CasinoVendors.com.


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Biografia
In Coppa del Mondo ha esordito l'8 gennaio 2016 a Ruhpolding (89ª nella sprint) e ai campionati mondiali a Anterselva 2020 (43ª nell'individuale). Il 28 novembre 2020 a Kontiolahti ha ottenuto il primo podio in Coppa del Mondo (3ª nell'individuale) e il successivo 5 dicembre, in staffetta nella medesima località, la prima vittoria. Ai mondiali di Pokljuka 2021 è stata 49ª nell'individuale e 5ª nella staffetta.

Palmarès

Coppa del Mondo
 Miglior piazzamento in classifica generale: 41ª nel 2021
 4 podi (1 individuale, 3 a squadre)
 1 vittoria (a squadre)
 1 secondo posto (a squadre)
 2 terzi posti (1 individuale, 1 a squadre)

Coppa del Mondo - vittorie

Legenda:
RL = staffetta

Altri progetti

Collegamenti esterni

redpajama_set_name: RedPajamaWikipedia


Although it has the same name, Batman: Arkham Origins has very little to do with its counterpart on PC and console. This mobile version focuses mainly on battles between Batman and criminals of Gotham.
Don't expect a Batman: Arkham Origins storyline: it isn't there. The game's objective is clear– take out enemies. Several missions are available, but they are all identical in the sense that you have to take out the bad guys.
Like any free-to-play game, Batman: Arkham Origins includes a shop where you can buy accessories and skills to make Batman even more powerful. Inbetween battles, the game invites you to go into a menu where you can unlock new outfits, weapons, and more.
Collecting virtual currency is a central element of the game. Without it, you can't do very much. To fight, for example, Batman needs a certain amount of Stamina. Every fight costs Stamina and you can quickly run out if you play the game for a long time. The only way to recover it quickly (it takes about four minutes to recover one Stamina bar) is to use virtual currency. The same goes for all the other elements of the game.
Batman: Arkham Origins borrows some elements from the PC and console versions. The battles take place pretty much the same way, except that you don't control Batman's movement. There are combos, special attacks, and enemies who never attack together, always one after the other.
To hit an enemy, tap vigorously on the screen. On-screen buttons are available so that you can switch to defense mode, regain life, or use special attacks that have been previously unlocked in the shop. The game sometimes requires you to slide your finger on the screen in certain directions to perform special moves.
Even though there are several combat elements available, you'll quickly realize that it's extremely repetitive. From one fight to the next, all you do is tap on the screen– there is very little strategy. The only thing that changes is the difficulty of the fights, and the battles can get a little boring. It's a wonder that Batman himself has the motivation to fight.
Fortunately, the graphics and music of Batman: Arkham Origins improve the quality of the game as a whole. The combat environments are an overall success, complete with animations and good quality replays. The soundtrack immediately propels you into the Batman universe!
Unlike the excellent title on PC and console, Batman: Arkham Origins is far from convincing on iOS. All it really has to offer are repetitive battles that are free-to-play. The fun fades quickly as you play, which is a shame for a title of this magnitude.
Fight your way through Gotham City's most dangerous locales in this free to play brawler from NetherRealm Studios. Earn in-game currency and rewards to upgrade your Batman and become the most punishing crime fighter in the world, unlocking tons of unique Batsuits along the way. Connect the mobile game to the console version of Batman: Arkham Origins and unlock even more exclusive content that you can't get anywhere else.


The SOS KINDERDORF will support children and families in the future with even more space and offers – the construction of the "Port for Families" on Straßburger Platz in Hamburg Dulsberg has been initiated.
CARSTEN ROTH ARCHITEKT is planning the new building, where from 2020 onwards both children's village families will find a new home and the Hamburgers will find another place of encounter, education and support.
On a plot of approx. 1,000 m2, a new family center is being planned in addition to apartments for children's Dorff families. This public area includes a family café, a children's clothing store and several classrooms.
The apartments of the SOS Kinderdorf families will be located at the rear of the "Port for Families". The building fits in along Straßburger Platz and Weißenburger Straße.
The building itself is divided into three parts: The three upper floors in the northern part of the building and the four upper floors opposite the church end at the height of the neighboring residential buildings. So that the landmark of the church of the Good News Dulsberg, the church tower, can function in its function as the visual axis and reference point of the Dulsberg-Residents, the connecting structure in the middle is single-storey.
The varying facade of the building scales according to its use. The façade side facing the church is covered with plants over two storeys. The façade itself is a terracotta façade made of baked clay that picks up the brick color of the nearby buildings. On the ground floor of the main entrance facing Straßburger Straße, the building offers more space for a large family café and several course rooms.


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TV Series The Blacklist Seasons 1,2,3,4,5,6,7 All Episodes for Download
The Blacklist seasons list:
Looking for the The Blacklist TV Show? Seasons 1,2,3,4,5,6,7 are available for downloading in good and high hd quality, select the season number below.
The Blacklist screencaps
For a long time, Raymond Reddington, nicknamed "red" was considered the most wanted criminal in the country. Once he was a CIA officer, he trusted many state secrets and secrets of the government. But he betrayed his homeland and set off to the winds, in a short period of time he earned a huge reputation in the criminal world and made new useful acquaintances. The police have completely lost hope of his capture, when suddenly he himself comes to the station and offers to arrest him. The whole country was shocked by this act, the media began a real information boom, everyone is just talking about this news. But Raymond is not as simple as it seems, he did it to achieve his goals. He has a huge amount of information on the various criminal and terrorist groups with which he dealt, in return for it, he demanded that the staff release him from responsibility and arrange for the position of detective. Without thinking twice, high-ranking officials decide to take advantage of this chance. What's the evil red really up to?
Televison show The Blacklist seasons available for download - 1,2,3,4,5,6,7
The Blacklist Season 1


text:
Campaign diary
Navalny vs. Putin
The 2018 Russian election campaign. By Sarah Hurst. Photos: Evgeny Feldman.
Punishing protesters
By XSoviet on October 10, 2017 • ( Leave a comment )
Protesters on Moscow's Tverskaya Street on October 7. "The only source of power in the Russian Federation is its multi-ethnic people." Photo by Evgeny Feldman from https://navalny.feldman.photo/
By Sarah Hurst
The protests across Russia on October 7 attracted media attention worldwide, but now that interest has waned, arrests and trials are happening continuously. The website OVD-Info that monitors politically-motivated arrests has published a regional rundown of what's happened so far in the wake of the weekend protests. Here are just a few of the incidents.
Yesterday Alexei Navalny's campaign chief Leonid Volkov appeared in court for an appeal against his 20-day prison sentence. The appeal was rejected. Volkov's wife is due to give birth within the next few days. She was already too heavily pregnant to attend the appeal.
Navalny's campaign coordinator in St. Petersburg, Polina Kostyleva, who had already been fined 20,000 roubles, was sentenced to an additional 40 hours of compulsory work for organising the protest on October 7. A small group of activists in St. Petersburg attempted to camp out in Palace Square that night, and have been returning each day since, but many of them have been detained and sentenced. One received a whopping 32 days in prison – for allegedly violating two different laws – and others got sentences of slightly fewer days or fines.
The coordinator of Navalny's campaign headquarters in Krasnodar, Miroslav Valkovich, was sentenced to 10 days in prison on Saturday night. Navalny's campaign coordinator in Smolensk, Andrei Volobuyev, was sentenced to eight days.
Commemorating Boris Nemtsov
Fortunately activists in Moscow and St. Petersburg were able to commemorate what would have been Boris Nemtsov's 58th birthday yesterday without trouble from the police. In Moscow people brought flowers to the bridge in front of the Kremlin where the popular opposition leader was shot dead in February 2015 and released 58 balloons into the air. In St. Petersburg balloons were also released and a banner with the word "Boris!" ("Fight!") was hung from a bridge over the Neva. A few activists also gathered late in the evening with candles spelling out the word "Boris". Open Russia made the documentary "Nemtsov" available on YouTube.
Early this morning the head of Navalny's Foundation for Fighting Corruption, Roman Rubanov, was detained at his home in connection with billionaire Alisher Usmanov's successful lawsuit against Navalny. A judge had ordered Navalny to delete material in the video "Don't Call Him Dimon" with allegations about Usmanov, and Navalny refused. Rubanov tweeted that authorities are now threatening to criminally prosecute Navalny if he doesn't delete the segment.
As for Putin's efforts to win re-election against no opponents, he stepped things up yesterday by promising via the Finance Ministry that the price of vodka would not go up in an election year. He also spoke about Russia's record grain harvest, in true Soviet style.
Categories: Campaign diary
Tagged as: Alexei Navalny, Human rights, Moscow, Politics, Russia, St. Petersburg, Vladimir Putin
Navalny's message to protesters
ECHR compensation
Photo credit and Twitter address
Many of the photos on this website are by Evgeny Feldman from his project This is Navalny: https://navalny.feldman.photo/.
For more updates, follow @XSovietNews.
Big Brother is back March 18, 2018
Putin's shameless fraud is under way March 18, 2018
Police battle observers as sham election starts March 17, 2018
Navalny supporters rounded up in Murmansk March 15, 2018
Navalny shows vote-rigging rife March 15, 2018
Top categories: Campaign diary


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Q: Why can't I reference keys in the result of this PHP function? Why does this code fail
function f(){
    return array('k'=>'abc');
}
print_r(f()['k']);

and this code work?
function f(){
    return array('k'=>'abc');
}
$a = f();
print_r($a['k']);

The only difference is the assignment of f's result to  $a before trying to access elements of the array. How can I reference the result of f directly without the additional assignment?

A: This is only available in PHP 5.4. It is known as array dereferencing. Prior to 5.4 you have to store the return value and then access the array elements.
Docs

PHP 5.4.0 offers a wide range of new features:

*

*Function array dereferencing has been added, e.g. foo()[0].

If you try this on any version below 5.4, you will get this error:

Parse error: syntax error, unexpected '[' on line ...

redpajama_set_name: RedPajamaStackExchange


First of all, thank you everyone for all your lovely messages and comments.It means so much to us.
When we found out that we were having a baby, we were both so happy that we wanted to let the whole world know about the good news straight away. After all, there is nothing more magical than the news of a baby. But at the same time we were confused about what to do next. We knew that we needed to tell our parents and family first but we were not sure when the right time was.
I have read a lot about it and everyone seems to say the incidence of miscarriage for first babies is high and recommend announcing the pregnancy only after you pass that 12 week mark when the chances of miscarriage are smaller. But I was not sure if we could wait so long before we told our parents and close friends.
Don't get me wrong. There is no shame in miscarriage. There is absolutely nothing wrong in saying to someone, "I lost my pregnancy". The issue, of course, is that it can be excruciatingly painful. I definitely did not want our parents to go through a painful process if anything were to go wrong.
After the first blood test, the GP asked us to do another blood test few weeks later to confirm that the pregnancy was going well so we both decided that we would wait for the result. At 6 weeks, I went for the blood test again. It came back positive as well and with good progress. The GP told us that everything is going really well so far but he wanted us to have an 8-week scan to find out the due date as well as how the baby was going.
We thought that sounded like a great idea and decided to wait until the scan to tell anyone.
Luckily, I didn't have any early pregnancy symptoms like morning sickness to give things away. I was going to work as normal. However, I had increased appetite and I was more tired than normal.
Before we told anyone, it was AS's and my big secret and we could not stop talking about it. That was the only conversation we had at home. AS was so sweet during the period (actually he always is 🙂 ) and was checking in with me while I was at work just to make sure everything was OK.
I didn't have a visible bump yet, but I had a small round bump which was visible when I removed my clothes. I was feeling pretty exhausted at times and needed to rest a lot more than usual.
Then came the 8 week scan and it was one of the most exciting days of our life. We both took time off from work and went to the clinic. Seriously, during the scan, we couldn't see much. It was like a round sac with heartbeat, which was moving constantly, but it was such a great pleasure to get to see the baby for the first time.
The baby was around two centimeters long only but there was a distinctive heartbeat. Both of us were very emotional during and after the scan. It was all becoming real at that moment and it was an amazing feeling.
After the scan, we came home and talked more about the baby developing day by day inside my tummy.
I will write about how we told our friends and family in my next post. Till then take care.


"Please send my regards to Steve and Pete. They were great, they helped work through any issues that arose without any fuss and worked hard to get this job sorted.
Please ensure they are acknowledged for their efforts, everyone here is very impressed with the final result, including both operators and managements.


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Justia Dockets & Filings Eleventh Circuit Florida Northern District LIBERTY MUTUAL INSURANCE COMPANY v. COMMERCIAL CONCRETE SYSTEMS LLC et al Filing 74
LIBERTY MUTUAL INSURANCE COMPANY v. COMMERCIAL CONCRETE SYSTEMS LLC et al
Filing 74
ORDER DENYING 65 MOTION FOR DISQUALIFICATION. Signed by JUDGE MARK E WALKER on 4/1/17. (pll)
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION LIBERTY MUTUAL INSURANCE COMPANY, Plaintiff, v. Case No. 4:16cv658-MW/CAS COMMERCIAL CONCRETE SYSTEMS, LLC, ET AL., Defendants. __________________________/ ORDER DENYING MOTION FOR DISQUALIFICATION David Copperfield is a world-renowned magician. He has traveled the globe levitating over live audiences, cutting his body in half, making the Statue of Liberty vanish, "erasing" his assistant's limbs, and even walking through—not over—the Great Wall of China. Many leave his performances believing that magic is, in fact, real. But at the end of the day, he is only an illusionist and his tricks are nothing but smoke and mirrors. Apparently, Defendants also aspire to be magicians. Their grand finale? Attempting to make a new judge appear in my place out of thin air. Unfortunately for them, law isn't magic; there must be a legal basis for my recusal. And, like David 1 Copperfield's tricks, their motion is nothing but smoke and mirrors. Because Defendant's Motion for Disqualification, ECF No. 65, is both factually and legally untenable, it is DENIED. I Some background is helpful. I had the pleasure of clerking for three different judges after I graduated from law school: Judge Emmett Ripley Cox of the United States Court of Appeals for the Eleventh Circuit, Justice Stephen H. Grimes of the Florida Supreme Court, and my now-colleague Judge Robert L. Hinkle of the United States District Court for the Northern District of Florida. After my second clerkship ended, I accepted an offer to join Cummings, Lawrence & Vezina, P.A. as an associate in mid-1996. Around that same time, then-attorney Hinkle was nominated by President Clinton to serve on the federal bench, and less than two months later he received his commission. 1 I then accepted an offer to clerk for Judge Hinkle as Oh how times have changed. See Congressional Research Service, Barry McMillion, Length of Time from Nomination to Confirmation for "Uncontroversial" U.S. Circuit and District Court Nominees: Detailed Analysis p. 11 (Sept. 18, 2012) (showing that 98.1% of President Obama's uncontroversial district court nominees waited 100 days or longer until confirmation, while only 47.6% of President Clinton's uncontroversial district court nominees waited that same length of time). 1 2 his first law clerk, which required me to leave Cummings, Lawrence & Vezina after a couple short months. I never again worked for Cummings, Lawrence & Vezina or any "related" firm; 2 namely, as relevant here, Vezina, Lawrence & Piscitelli, P.A. During my three clerkships, I had the unique experience of seeing first-hand how the judges that I clerked for ran their chambers. And I strive to run my chambers how they ran their chambers. They were, and are, good judges, and I aspire to be the same. Although each judge had their own idiosyncrasies—and I certainly have my own—many conducted the day-to-day tasks, including the administrative duties, in a similar fashion. Attorneys could contact the courthouse—either a judicial assistant in chambers or a courtroom deputy in the clerk's office—to inquire regarding scheduling or other administrative issues. That was, and still is, entirely unremarkable. See Code of Conduct for United States Judges Canon 3(A)(4)(b) (permitting certain "ex parte communication for scheduling, administrative, or emergency purposes" if those communications don't "address Contrary to Defendants' assertion, Vezina, Lawrence & Piscitelli is not and has never been "related" to Cummings, Lawrence & Vezina. Although some of the attorneys left Cummings, Lawrence & Vezina to create Vezina, Lawrence & Piscitelli, they are unrelated entities. 2 3 substantive matters and the judge reasonably believes that no party will gain a procedural, substantive, or tactical advantage as a result of the ex parte communication"). My clerkships sparked judicial ambitions of my own, and I eventually decided to run for Florida Circuit Judge in the 2008 General Election. After I announced my intent to run in late 2006, campaign contributions started flowing in. I amassed $113,915.74 in campaign contributions. ECF No. 65-4, at 4. Approximately sixty-eight different law firms and 126 individual attorneys contributed to my campaign. See ECF No. 65-4. One of those contributions was from W. Robert "Rob" Vezina, III, who contributed $100 in January of 2007. Id. at 1. My hard-fought campaign (read: unopposed) was successful, and I took the bench on January 6, 2009. Three years later, President Obama nominated me to serve as a judge on this Court. The senate eventually confirmed my nomination, and I have been an active federal district judge since December 7, 2012. My docket is currently one of the busiest in the country. Half of this district's seats are vacant and, as a result, I preside over hundreds and hundreds of cases in three different cities. My weighted caseload is almost 1,100 – considering two active judges 4 are handling the caseload of four active judge. Because time is at such a premium, efficiency and diligence become all-important. Thus, as I am permitted to do so, I allow attorneys to contact my judicial assistant and my courtroom deputy to raise nonsubstantive administrative issues. My staff deserves all the credit for keeping my chambers running as smoothly as it does. Without them, everything would come to a screeching halt. Twice in this case attorneys contacted my judicial assistant with non-substantive administrative issues. The first contact involved an erroneous order dismissing this case. Counsel in another matter contacted my courtroom deputy and informed her that a settlement had been reached, as is required under Local Rule 16.2. See N.D. Fla. Loc. R. 16.2(A)(1) ("Each attorney of record must ensure that the Court is notified immediately when . . . [a] civil case is settled."). My courtroom deputy asked for the case number, but this case's number was accidentally provided. Thus, thinking that this case had been settled, I entered an order dismissing the case and directed the Clerk to enter judgment. ECF No. 32 (dismissal); ECF No. 33 (judgment). Confused, counsel for Plaintiff—Ms. Megan Reynolds—called my judicial assistant and told her that the dismissal must have been entered 5 in error, as the parties had not settled the case. My judicial assistant indicated that the order may have been intended for another case and that she would make sure this issue was addressed expeditiously. Immediately after that call, Ms. Reynolds contacted Defendants' counsel to explain the error and her communication with chambers. ECF No. 65-1, at 1. An order withdrawing the dismissal was posted later that day. ECF No. 34. The second contact involved scheduling issues surrounding a discovery matter. On March 10, 2017, non-party Amerisure Insurance Company moved to quash a subpoena issued by Plaintiff, ECF No. 53, and a hearing to address that motion was set for March 14, 2017, ECF No. 54. As she had done before, Ms. Reynolds contacted my judicial assistant to ask whether the parties could appear telephonically. My judicial assistant informed her that the parties needed to appear in-person. After some thought, I changed my mind when I learned the lawyers were from out of town and directed my judicial assistant to email Ms. Reynolds and let her know that the hearing was being converted from an in-person hearing to a telephonic one. ECF No. 65-2, at 6. Plaintiff's counsel then forwarded that email to counsel 6 for Defendant and Amerisure, ECF No. 65-2, at 5, and a notice converting the hearing was posted shortly thereafter. ECF No. 61. Defendants filed a motion to disqualify me from this case given my brief tenure at Cummings, Lawrence & Vezina, Mr. Vezina's contribution from ten years ago, and Ms. Reynolds's ex parte communications with my judicial assistant. ECF No. 65. They argue that my "impartiality might reasonably be questioned" and that "an objective, disinterested, lay observer fully informed of the facts . . . would entertain a significant doubt about [my] impartiality." Id. at 4. II Motions to disqualify are one of the thornier issues that judges face. They must therefore be handled delicately. Indeed, the issues raised by motions to disqualify are acutely unique. The run-of-the-mill motion, for example, does not require the judge to engage in self-analysis of their own possible biases. But with motions to disqualify, the judge is judging himself. That requires self-awareness, modesty, and personal integrity. If a judge harbors doubt "concerning whether his [or her] disqualification is required he [or she] should resolve the doubt in 7 favor of disqualification." Parker v. Connors Steel Co., 855 F.2d 1510, 1524 (11th Cir. 1988) (citations omitted). Disqualification, however, "cannot be based on 'unsupported, irrational, or highly tenuous speculation.'" United States v. Cerceda, 188 F.3d 1291, 1293 (11th Cir. 1999) (quoting In re United States, 666 F.2d 690, 694 (1st Cir. 1981)). Rather, it "must be supported by some factual basis . . . ." Id. The judge must also remain vigilant to "the need to prevent parties from too easily obtaining the disqualification of a judge, thereby potentially manipulating the system for strategic reasons, perhaps to obtain a judge more to their liking." In re Allied-Signal Inc., 891 F.2d 967, 970 (1st Cir. 1989) (citations omitted). Defendants raise two separate grounds for disqualification: § 28 U.S.C. 455(a) and § 28 U.S.C. § 455(b)(1). Disqualification is required under § 455(a) when a judge's "impartiality might be reasonably questioned." That standard is met when "'an objective, disinterested, lay observer fully informed of the facts underlying the grounds on which recusal was sought would entertain a significant doubt about the judge's impartiality.'" United States v. Kelly, 888 F.2d 732, 744–45 (11th Cir. 1989) (quoting United States v. Torkington, 874 F.2d 1441, 1446 (11th 8 Cir. 1989)). And in making this decision, the judge should adopt the perspective of a "well-informed, thoughtful and objective observer, rather than the hypersensitive, cynical, and suspicious person." United States v. Jordan, 49 F.3d 152, 156 (5th Cir. 1995) (citing In re Mason, 916 F.2d 384, 386 (7th Cir. 1990)). Disqualification under § 455(a) may be waived, however, if the judge fully discloses the basis for any disqualification on the record. See Parker, 855 F.2d at 1527. Unlike the objective standard of § 455(a), § 455(b) delineates specific instances where bias is actual or assumed. Liteky v. United States, 510 U.S. 540, 567 (1994). Among other reasons, a judge must disqualify themselves "[w]here he [or she] has a personal bias or prejudice concerning a party . . . ." 28 U.S.C. § 455(b)(1). That bias or prejudice must be "'personal and extrajudicial.'" Adamson v. United States, 288 F. App'x 591, 593 (11th Cir. 2008) (quoting United States v. Amedeo, 487 F.3d 823, 828 (11th Cir. 2007)). In other words, "it must derive from something other than that which the judge learned by participating in the case." McWhorter v. City of Birmingham, 906 9 F.2d 674, 678 (11th Cir. 1990) (citing Jaffe v. Grant, 793 F.2d 1182, 1188–89 (11th Cir. 1986)). III Defendants raise three alleged grounds for my recusal: (1) I worked for Cummings, Lawrence & Vezina—which they dub as Vezina, Lawrence & Piscitelli's predecessor firm—for a couple months over twenty years ago; (2) Mr. Vezina, who is one of Plaintiff's attorneys, made a $100 contribution to my unopposed judicial campaign ten years ago; and (3) Plaintiff's counsel had ex parte communications with my judicial assistant to address purely administrative matters. The motion is frivolous and wholly without merit. This is not a close call. First, Defendants state that it "cannot be ignored" that I was an associate at the Vezina law firm. 3 ECF No. 65, at 6. This simply is just not a basis for my recusal, as I do not have a personal bias in favor or against Plaintiff's counsel, nor would a well-informed, objective observer believe that I do. I have not been affiliated with the Vezina law firm since my brief tenure I call it this for simplicity, but the firms are not the same. Cummings, Lawrence & Vezina dissolved, and some of its attorneys formed Vezina, Lawrence & Piscitelli. That does not make the firms one in the same. 3 10 over twenty years ago. Reasonable well-informed observers understand that judges were previously practicing attorneys and that they may have worked for various law firms during their career. They would not conclude, based on my months-long tenure with the Vezina law firm over two decades ago, that I cannot be fair and impartial to the parties that are now before me. Circuit precedent recognizes that conclusion; in fact, judges in this circuit have declined to recuse themselves in even more compelling circumstances. See Draper v. Reynolds, 369 F.3d 1270, 1281, 1281 n.18 (11th Cir. 2004) (holding that judge's former affiliation with law firm representing a party did not warrant disqualification, and noting that a two year recusal period is generally reasonable where the judge is no longer receiving financial payment from a former law firm); Huff v. Standard Life Ins. Co., 683 F.2d 1363, 1369–70 (11th Cir. 1982) (holding that judge's former affiliation with law firm representing a party did not warrant recusal). And if a judge need not recuse himself when his own child is an associate at a firm representing one of the parties, see U.S. ex rel. Weinberger v. Equifax, Inc., 557 F.2d 11 456, 463–64 (5th Cir. 1977), 4 I certainly need not recuse myself here. Other examples bolster this conclusion. Take Chief Justice Roberts. Before taking the bench, Chief Justice Roberts was a partner at Hogan Lovells's predecessor firm, Hogan & Hartson. Accepting Defendants' argument here as true, Chief Justice Roberts would have to recuse himself (or disclose the factual basis for recusal) in every case where Hogan Lovells represents one of the parties. But he does not. See, e.g., Kansas v. Carr, 136 S. Ct. 633 (2016). Defendants assert that this case is different because two attorneys at the Vezina law firm are also witnesses in this case. That argument is nonsensical and, unsurprisingly, Defendants have pointed to no authority establishing that I should recuse myself on that basis. In any event, facts matter. The attorneys that Defendants reference—Ms. Reynolds and Mr. Friedman— were not associated with Cummings, Lawrence & Vezina during my brief, long-ago tenure with that firm. For good reason; they Decisions of the Fifth Circuit prior to October 1, 1981 are binding within the Eleventh Circuit. Bonner v. City of Pritchard, 661 F.2d 1206, 1207 (11th Cir. 1981) (en banc) 4 12 hadn't even started law school yet. To suggest that I am biased or that a reasonable, well-informed observer would question my impartiality on that basis is just silly. Second, Defendants argue that I should recuse myself because Mr. Vezina, who is one of Plaintiff's attorneys, made a $100 contribution to my unopposed judicial campaign ten years ago. Nonsense. Case law is not always clear, but it is here. I need not recuse myself or disclose any basis for recusal due to Mr. Vezina's $100 campaign contribution from a decade ago. "Not every campaign contribution by a litigant or attorney creates a probability of bias that requires a judge's recusal . . . ." Caperton v. A.T. Massey Coal Co., Inc., 556 U.S. 868, 884 (2009) (citing Mayberry v. Pennsylvania, 400 U.S. 455, 465 (1971)). Rather, recusal is only necessary in the rare scenario where "a person with a personal stake in a particular case had a significant and disproportionate influence in placing the judge on the case by raising funds or directing the judge's election campaign when the case was pending or imminent." Id. In making that determination, courts focus "on the contribution's relative size in comparison to the total amount of money contributed to the campaign, the total amount spent in the 13 election, and the apparent effect such contribution had on the outcome of the election." Id. This is not a case like Caperton, where the defendant's CEO contributed $3 million to the judge's campaign—an amount that totaled "$1 million more than [that] spent by the campaign committees of both candidates combined." Id. at 885. It is particularly notable that I did not run for judicial office in, say, Mississippi, where someone could have donated a million dollars to my campaign. Rather, when I ran for office, Florida capped judicial-election contributions at $500. 5 § 106.08(1)(a), Fla. Stat. (2008). Given those intense restrictions, Florida courts have held that "[a]n attorney's legal campaign contributions within the statutorily permitted amount are not a legally sufficient ground for disqualification." E.E. DuPont De Nemours and Co., Inc. v. Aquamar S.A., 24 So.3d 585, 585 (Fla. 4th DCA 2009) (citing MacKenzie v. Super Kids Bargain Store, Inc., 565 So.2d 1332 (Fla. 1990)). Thus, Mr. Vezina's $100 contribution, which was That amount has since been raised to $1,000 for trial court judges. § 106.08(1)(a)(2), Fla. Stat. (2016). 5 14 well below that cap, is not cause for recusal. That alone should foil Defendants' argument. Nonetheless, Caperton suggests that the inquiry is necessarily a fact-based one. Some of those cases, of course, are harder than others. One of those harder cases is Robinson Nursing and Rehabilitation Center, LLC v. Phillips, 502 S.W.3d 519 (Ark. 2016). There, one of the parties had previously contributed $20,000 to an Arkansas Supreme Court justice's campaign. Id. at 521. That amount represented approximately 15% of the justice's $154,900 in total financial contributions. Id. But the justice refused to grant the motion to disqualify. Id. at 523. That was because the contribution was "insufficient to warrant disqualification in an unopposed race" and the threeyear delay from the contribution to the case reaching her court "heavily weigh[ed] against recusal." Id. at 522–23 (citing Caperton, 556 U.S. at 886). Other judges have done the same in similar circumstances. See Ivey v. Dist. Ct., 299 P.3d 354, 359 (Nev. 2013) (finding no disqualification where trial judge received $5,000 in campaign contributions from one of the parties and 15 $5,000 from that party's attorney, which amounted to 14% of his total contributions). But this case is about as easy as it gets. My judicial campaign raised $113,915.74. Approximately 126 individual attorneys and sixty-eight law firms made contributions. Mr. Vezina's $100 contribution amounted to less than .1% of that total. There is more. The Vezina law firm could have made a $500 contribution. It did not. Other members of that firm could have made a $500 contribution. They did not. Moreover, even if they had, the ten-year gap from the contribution to now negates any doubt regarding my ability to adjudicate this case impartially. See Caperton, 556 U.S. at 886 ("The temporal relationship between the campaign contributions, the [judge]'s election, and the pendency of the case is also critical."). Finally, the frivolity of Defendants' allegations is even more apparent given that I no longer hold elected office. See Hiles v. Army Review Bd. Agency, No. 1:12-cv-673, 2015 WL 4778831, at *5 (S.D. Ohio Aug. 13, 2015) (accepting that allegations of judicial 16 bias are "'particularly tenuous'" if the judge "no longer holds elected office" (citation omitted)). Defendants' argument, if true, would effectively cripple our judicial system. Many states around the country—including Florida—hold judicial elections. In those states, judicial campaigns "are necessary components of [the] judicial system." MacKenzie, 565 So.2d at 1335. Indeed, "'leading members of the state bar play important and active roles in guiding the public's selection of qualified jurists.'" Id. (quoting Ainsworth v. Combined Ins. Co. of Am., 774 P.2d 1003, 1020 (Nev. 1989)). Requiring a judge to recuse himself from all cases where an attorney contributed to his campaign would therefore be, at best, counterintuitive. See Williams–Yulee v. Fla. Bar, 135 S. Ct. 1656, 1671 (2015) ("A rule requiring judges to recuse themselves from every case in which a lawyer or litigant made a campaign contribution would disable many jurisdictions."). At worst, it would "create a perverse incentive for litigants to make campaign contributions to judges solely as a means to trigger their later 17 recusal . . . ." Id. And I will neither incentivize nor facilitate that kind of forum shopping. Finally, Defendants contend that I should disqualify myself given the "seemingly familiar and unusual informal communications" Plaintiff's counsel had with my judicial assistant. ECF No. 65, at 6. Nonsense. Those communications were not unusual; they happen quite frequently and are explicitly authorized by the Code of Conduct for United States Judges. To suggest otherwise is pure bunk. To be completely honest, I am not sure whether Defendants' counsel did not adequately research the case law on this subject, or simply didn't digest it. But the law on this topic is not rocket science. Some ex parte communications with counsel are forbidden. See State v. Marks, 758 So.2d 1131, 1134 (Fla. 4th DCA 2000) (agreeing that an ex parte communication was impermissible when "there was no plausible basis for [the judge] to have believed that he was authorized to have conferences with the prosecutors and investigators involving the substance of the 18 case"). Others—including those for scheduling, administrative, or emergency purposes—are not. 6 Eleanora J. Dietlein Trust v. American Home Mortgage Investment Corp., No. 3:11-cv-0719, 2014 WL 911121 (D. Nev. Mar. 7, 2014), is instructive. In that case, counsel for an interested party attempted to contact the district judge's judicial assistant to ask about the case's status. Id. at *1. Because the district judge's staff had already left for the day, the district judge answered the phone. Id. The district judge reviewed the docket sheet, and informed counsel that the case had settled yet the parties had not submitted a stipulation dismissing the case yet. Id. Plaintiff's counsel later moved for the judge to recuse himself, yet the district judge declined to do so because counsel's See Code of Conduct for United States Judges Canon 3(A)(4)(b) (allowing ex parte communications for "scheduling, administrative, or emergency purposes" as long as the communication "does not address substantive matters and the judge reasonably believes that no party will gain a procedural substantive, or tactical advantage as a result of the ex parte communication"); see also Law Offices of David Efron v. Matthews & Fullmer Law Firm, 782 F.3d 46, 55 (1st Cir. 2015) (allowing "ex parte communications 'for scheduling, administrative, or emergency purposes'" (quoting Code of Conduct for United States Judges Canon 3(A)(4)(b)); BB Online UK Ltd. v. 101domain, Inc., No. 14-cv-885, 2014 WL 6980566, at *3 (S.D. Ca. Dec. 9, 2014) ("Contacting the Court for non-substantive scheduling purposes, as defendant did here, does not constitute improper ex parte communication."); Nudel v. Flagstar Bank, FSB, 52 So.3d 692, 694–95 (Fla. 4th DCA 2010) ("Ex parte communications regarding purely administrative, non-substantive matters, such as scheduling, do not require disqualification." (citing Rose v. State, 601 So.2d 1181, 1183 (Fla. 1992))). 6 19 "phone call was purely for administrative purposes, and there was no substantive discussion about the case at all." Id. at *2. Here too, both ex parte communications at issue were innocuous and would not lead a well-informed, objective observer to question my impartiality. Ms. Reynolds's communication with my judicial assistant regarding the order of dismissal, for example, was for emergency purposes and did not address any substantive issues. Imagine her shock when she received the electronic case notification that her case had been dismissed. Her telephone call was welcomed; it helped my chambers quickly identify our administrative error and correct it in a timely fashion. Ms. Reynolds's communication with my judicial assistant regarding the discovery hearing is equally unobjectionable, as it was for scheduling purposes and did not address any substantive issues. Quite frankly, I am astounded at Defendants' suggestion that there is something questionable about my setting and handling discovery matters on an expedited basis. See ECF No. 65, at 3 (questioning "the expeditious manner in which the hearing was set"). Half of this district's judicial seats are vacant. I am juggling three dockets. I set the discovery matter at issue 20 here on an expedited basis so that it did not fall through the cracks. That was entirely consistent with my standard practice, and an audit of my docket activity would show just that. Moreover, there is nothing unusual about the fact that I am handling a discovery dispute. Neither Judge Hinkle nor I refer discovery disputes to the magistrate judges; rather, we handle discovery motions ourselves on an expedited basis. Only one reasonable conclusion can be drawn here. I do not have a personal bias in favor or against Plaintiff's counsel, nor would a well-informed, objective observer believe that I do. 7 Defendants' shenanigans are nothing but rank forum shopping. I am just as much obliged not to recuse myself when it isn't called for as I am obliged to do so when it is. In re Drexel Burnham Lambert, Inc., 861 F.2d 1307, 1312 (1st Cir. 1988) (citing In re Union Leader Corp., 292 F.2d 381, 391 (1st Cir. 1961)). Thus, Defendants' motion—which relies on speculation, innuendo, and erroneous information—has absolutely no merit Because the case law makes plain that recusal is not required in this situation, Defendants' argument for record disclosure is nothing but a red herring. "Record disclosure under § 455(a) is for the purpose of letting the parties decide whether to give record waiver." In re Trafford Distrib. Ctr., Inc., 435 B.R. 745, 751 (Bankr. S.D. Fla. 2010). But the parties have nothing to waive here; there is no basis for recusal in the first place. 7 21 and is due to be denied. Hinman v. Rogers, 831 F.2d 937, 939 (10th Cir. 1987) ("However, conclusions, rumors, beliefs, and opinions are not sufficient to form a basis for disqualification." (citing Berger v. United States, 255 U.S. 22, 34 (1921))). IV In this age of shrinking federal budgets, congressional gridlock, and unfilled judicial seats, judges and their staff are notoriously overworked. Luckily, most attorneys are wise enough not to file nonsense motions. For those that aren't, the threat of sanctions under 28 U.S.C. § 1927 is usually enough of a deterrent. Defendants' motion shows that isn't always the case. It has no basis in law or fact. In fact, Defendants' "'ostrich-like tactic of pretending that potentially dispositive authority against [their] contention does not exist is as unprofessional as it is pointless.'" Mannheim Video, Inc. v. County of Cook, 884 F.2d 1043, 1047 (7th Cir. 1989) (quoting Hill v. Norfolk and Western Ry., 814 F.2d 1192, 1198 (7th Cir. 1986)). Perhaps they should think twice before filing such a baseless motion. They risk being sanctioned if they don't. And, before Defendants file a motion for reconsideration 22 arguing that it is odd that I issued this order on a weekend, I should note there is nothing unusual about issuing an order on a weekend. I work almost every weekend. This is the fifth order I issued today. The only thing that's unusual is that I have a courtroom deputy that is so dedicated that she routinely pulls and posts orders for me every weekend. Accordingly, IT IS ORDERED: Defendants' Motion for Disqualification, ECF No. 65, is DENIED. SO ORDERED on April 1, 2017. s/Mark E. Walker ____ United States District Judge 23


text:
Korsvegen is a village in the municipality of Melhus in Trøndelag county, Norway.  It is located about  south of the city of Trondheim, just west of the lake Benna.  The village was the administrative centre of the old municipality of Hølonda which existed from 1865 until 1964.

The  village has a population (2018) of 612 and a population density of .

References

Melhus
Villages in Trøndelag


text:
Q: Can an Office App run in the background? If you install an application from the Office Store, let's just say Word for example. When I then re-open word, can that app / plugin run a background task or must the app be engaged with by the user?

A: The App always has to be opened.  It is essentially nothing more than a web page, and code doesn't run at all until the web page in your task pane is opened.  The user always has to explicitly launch the add-in; there's currently no provisions for automatically launching an add-in when the host application starts.


I write ''racy, wildly entertaining futuristic romance'' according to Writers Write. It.s my pleasure to pen Romances with Aliens.... the aliens are gods from outer space. My books are somewhere in the gamut of Romance from fantasy to science fiction. My goal as an author is to give good value (not a fast read.the plot isn.t the point because we all know that in Romance the hero is going to end up happily with the heroine). I write to entertain: I expect to provide my readers with six to eight hours of amusement, a couple of really good laughs, a romantic frisson or two from the sensual scenes, something to think about when the book is finished, and possibly some useful information. All my titles are chess puns. ''Forced Mate'' is from Pandolfini's term for a race between the two Kings to make a pawn his Queen. In chess terminology ''Insufficient Mating Material'' is when the players realize that no matter how badly or well they play, no one will checkmate the other. A ''Knight's Fork'' is when two or more pieces are threatened simultaneously, and only one can be saved.


text:
a tank away
Getting hip to town's charms in Littleton, N.H.
By Diane Bair and Pamela Wright Globe Correspondents,February 25, 2014, 6:00 p.m.
The Littleton Diner serves breakfast — including buckwheat pancakes made with locally milled flour — all day.Handout
The buzz around these parts is that Littleton is teetering on the edge of hipness. Some would argue that it had already achieved that status back in 1941 when Bette Davis came to town to premiere her movie "The Great Lie," at the Jax Jr. Theater, which is still in operation. In any case, it's clear that Littleton — located just north of Franconia Notch — is loaded with charm. Most of the action centers on Main Street, named one of America's best main streets by the Huffington Post last month. America's oldest ski store and a shop devoted to "bad art'' are among the downtown storefronts, making Littleton a fun place to knock around after skiing at nearby Cannon Mountain. If you see a small gift randomly placed, you've encountered the "Be Glad Project," an anonymous art effort that encourages people to be glad (or kind, or compassionate.) There might be a little treat or a piece of art inside.
Sadly, the historic Thayer's Inn, a Littleton landmark, recently closed for an indefinite period because of a ceiling collapse caused by a burst pipe. When up and running, the beloved inn (111 Main St., 800-634-8179; www.thayersinn.com) offers a delightful trip back in time, full of quirky, creaky character, and is home to a well-regarded restaurant and martini bar, Bailiwick's. Visiting families give high marks to the Hampton Inn Littleton (580 Meadow St., 603-444-0025; www.hamptoninn.com; rates from $148). Located just off 1-93, and less than a mile and a half from downtown Littleton, the spiffy property has a heated indoor pool, whirlpool, arcade, and offers a complementary continental breakfast, plus cookies in the afternoon. If you're looking for that classic inn experience, choose the 35-room Franconia Inn (1172 Easton Road, Franconia; 800-473-5299; www.franconiainn.com; rates from $153), located about 5 miles from Littleton, with an on-site cross-country ski center and horse-drawn sleigh rides, weather permitting.
Few can resist the old-school appeal of the Littleton Diner, (145 Main St., 603-444-3994; www.littletondiner.com; cash only), where you can get breakfast all day (and you should; the buckwheat pancakes are made with locally milled flour, and the house-made corned beef hash is wonderfully chunky and flavorful.) It also serves diner faves like the Monte Cristo sandwich, but look around — everyone's eating breakfast. A diner has stood on this spot since 1928; the current one, a Sterling diner, was built in 1940. It's nothing fancy on the outside, but the aroma coming from the smoker outside the Screamin Boar (40 West Main St., 603-444-8888; www.screamingboarbbq.com; closed Sun. and Mon.; $6.99-$22.99) draws in carnivores to feast on smoked prime rib, Cajun meatloaf, pulled pork, hickory smoked pork ribs, and other barbecue specialties. This is dry barbecue; you sauce it up yourself with one of the house-made potions. For fine dining, chef-owned Tim-Bir Alley (7 Main St., 603-444-6142; cash only) is the place to go. At this small, red-brick-walled farm-to-table eatery (open for dinner only), there are only seven entrees on the menu, but you'll find something you love — and it will taste even better than you expected. Seafood is a sure bet here, and guests rave about the Moroccan-glazed chicken with banana chutney. Everything is beautifully presented. Don't pass up a fruit tart for dessert.
A view of Littleton from its covered bridge over the Ammonoosuc River. The bridge is a great spot for taking snapshots.Handout
A classic snapshot of Littleton would feature a family walking along the covered bridge over the Ammonoosuc River, with each person clutching a white paper bag from Chutters. Home to the world's longest candy counter (112 feet), Chutters Candy (43 Main St., 603-444-5787; www.chutters.com) is a temple to all things sweet, from actual penny candy in glass jars to novelty treats like Skybars and Mary Janes, plus their own fudge. Once you've walked back and forth over the covered bridge (reachable via Mill Street), pop into Bad Art (35 Mill St., Suite B; 603-854-1498; www.badart.us.) This studio/gallery/school promises "eclectic and affordable art for the masses," and it isn't bad, but it's often funny, especially the vintage postcards that are mounted with snarky sayings ($20 each.) On the more reverent side, Fiddleheads (16 Mill St., 603-444-8044; www.fiddleheadusa.com) offers a range of tasteful made-in-America (and often local) artisan goods, including pottery, textiles, jewelry, and blown glass. (Check out the fused glass coasters — very cool.) Littleton's Main Street is chock-a-block with unique shops, including an excellent bookseller, a mid-century-themed antique shop, and Lahout's (127 Main St., 603-444-0915, www.lahouts.com), an outdoor clothing shop. You'll also find a Lahout's at 245 Union St., which claims to be the oldest ski shop in America. (Herbert Lahout, an émigré from Lebanon, opened a dry goods and grocery store at this spot in 1920.) Shop for brands like Rossignol, K2, Burton, Salomon, and Billabong. Looking for a bargain? Hit their outlet store, just down the street. For sports gear with a bit more edge, plus plenty of demo-ing and advice, try the Badass Outdoors Gear Shop (17 Main St., 603-444-9445; www.badassoutdoors.com.) Locals tend to shop at the Tannery Market Place (111 Saranac St.), a collection of specialty shops like Linny Kenney Leather (www.linnykenney.com). Of course, you're in the heart of ski country, and you passed looming Cannon Mountain (9 Franconia Notch State Park, Franconia; 603-823-8800; www.cannonmt.com; adult full day lift ticket $72) en route to Littleton. Cannon claims the highest vertical drop (2,180 feet) of any ski mountain in the East, with 73 trails served by 10 lifts plus the 86-acre Mittersill back-country area. For newbies, the 13-trail Tuckerbrook learning area is separate from the main mountain.
Located in an old gristmill, Schilling Beer Co. (18 Mill St., 603-444-4800; www.schillingbeer.com) has won fans since opening last fall for its custom small-batch brews and homey, rustic vibe (exposed beams, uneven wood floors.) In addition to a choice of its own seasonal beverages — currently, porters, ales, and a smoked Kristallweizen — it offers a rotating list of guest beers. The food menu features items from the brick oven, and there are even dessert and beer pairings. On weekends, there's live music. If you're in the mood for a movie you can always catch one at Jax Jr Cinemas (32 Main St., 603-444-5907; www.jaxjr.mobi), site of the premiere of "The Great Lie," in 1941, starring Bette Davis. A plaque commemorating the event hangs in the theater lobby.
Diane Bair and Pamela Wright can be reached at bairwright@gmail.com.


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