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A Hard Study in Ransomware: Education Being Held Hostage
December 18, 2019 /0 Comments/in Education, Threat intelligence /by Brook Chelmo
There's been a dramatic rise in ransomware attacks on educational institutional networks, whether K12 schools and districts or higher education colleges and universities. Academic and administrative services have been locked up, and cumulative ransomware costs running in the millions.
According to the mid-year update of the 2019 SonicWall Cyber Threat Report, despite overall declines in malware volume, ransomware continues to pay dividends for cybercriminals. All told, global ransomware volume reached 110.9 million for the first half of 2019, a 15% year-to-date increase.
Ransomware targeting schools, colleges more than a trend
Apart from the direct financial damage caused by ransomware attacks (for example, the Rockville Center School District paid $88,000 in ransom), the inability to access computer systems paralyses the academic institution. The cost of the damage only accelerates the longer the university is unable to send emails, record working hours or allocate classrooms and study resources, including university computers and internet access necessary for many learning activities.
Educational institutions that refuse to pay can be incapacitated for extended periods of time — like Walcott County, Connecticut, which suffered a ransomware attack three months ago and was locked out of its affected devices until early September 2019, when the ransom payment was finally approved by the county board. In other cases, districts chose to rebuild infected systems and were similarly delayed.
"It's a deliberate and strategic shift from hospitals and other soft targets to K12 districts and schools, where security controls and technology resources aren't as always as robust despite housing some of the most sensitive and private data," SonicWall President and CEO Bill Conner wrote for Forbes. "It's so common now that discussions about ransomware attacks have moved from the board room to the principal's office and PTA meetings. But conversations need to turn into action."
The infamous Emotet malware has also been striking schools, with attackers using spearphishing to infect systems with the malware trojan. As many services are now entirely computerized, this can even affect infrastructure like heating and cooling, cafeteria services and security systems. The K-12 Cyber Incidents map provides a graphic overview of just how widespread the problem is.
As noted by SonicWall technology partner Sentinel One, last September, just when teachers, parents and children across the nation were looking forward to the beginning of the school year, parents in New York's Orange County received an unwelcome announcement. The superintendent of Monroe-Woodbury school district had been forced to inform them that the school would remain closed as a result of a cyberattack that had disrupted the district's computer systems.
Monroe-Woodbury is just one of the many schools and educational institutions in the United States and throughout the world whose operations have been disrupted by cybercriminals. Earlier, in the summer, Rockville and Mineola school districts were targeted with Ryuk ransomware. In all, over 500 attacks against U.S. public schools have been reported in 2019 to date.
In addition, many U.S. universities and colleges have suffered from ransomware attacks, information leaks and email hacking in the past year. Universities and academic institutes are being targeted by more sophisticated attackers interested in stealing the intellectual property (IP) and research data that they produce.
Ransomware locked onto schools globally, too
The situation in other parts of the world is as bad. In Australia, the head of the local intelligence agency was recruited to inform universities about cyber threats and ways of prevention. This was one of the initiatives put in place after an extremely sophisticated threat actor compromised ANU and persisted within the university's network for months at a time.
In the U.K. in April 2019, penetration testing conducted by JISC, the government agency that provides many computerized services to U.K. academic bodies, tested the defenses of over 50 British universities. The results were unflattering: the pen testers scored 100% success rate, gaining access to every single system they tested. Defense systems were bypassed in as little as an hour in some cases, with the ethical hackers easily able to gain access to information such as research data, financial systems as well as staff and student personal information.
Ransomware analysis: common threads
It is no coincidence that universities are among the most attacked. Higher education institutions manage substantial sums of money, store personal information for students and teachers and connect with many external bodies and providers and, of course, parents, who primarily communicate with the school via email. This means that the school has a very large attack surface.
"It is too easy to demand and receive ransom payment without the risks associated with traditional data exfiltration," Conner said when more than 20 Texas state agencies were affected with ransomware. "Until organizations are serious about ransomware protection, these types of wide-reaching ransomware attacks will, unfortunately, continue. As we've witnessed past year, ransomware attacks are highly disruptive. Today's distributed networks can be compromised in minutes. Everyday operations are then held for ransom at high costs."
Coupled with enticing rewards is the fact that students make for easy victims of phishing scams, too. Students' lack of experience combined with a tendency to use simple passwords across multiple services makes them prone to credential harvesting and password-spraying attacks. In one incident in September 2019, over 3,000 Kent State student emails were hacked in this way. In addition, the awareness of parents, teachers and faculty regarding cyber risks is often much lower in education than in other sectors.
Ransomware no longer infects a singular device but often multiple devices with the intent to infect the entire network. First made infamous with the WannaCry attack, ransomware authors now try to leverage vulnerabilities like SMB in Windows to spread to other drives. Not all computers are up to date and this leaves an opportunity to not only infect that device but to also infect others.
Some academic institutions are rich in data and poor in security, which makes them a prime target. They also have student information, including grades, which are vital to their future endeavors, plus some jurisdictions must keep this data for up to 100 years.
Institutions that worked to digitize older records — and without proper backups in place — may be at risk of losing this data or having to go back and digitize them again. Educational organizations must continually keep everything backed up with those backups off the network whether it is on LTO tape or in the cloud.
Further exacerbating the security situation is that educational establishments typically have limited staff dedicated to security. Unlike banks, schools typically do not have dedicated information security personnel who are engaged in 24/7 protection.
'You've got ransomware'
Most ransomware attacks come unsolicited in email. They come in attachments with subject lines such as:
Here is my resume
This is an unpaid invoice
Here is the invoice for your flight, package, etc. (in hopes people will be shocked into thinking their credit card info was stolen).
Malicious URLs are also used. They will look like real URLs but lead to other places on the dark web. Common subject lines are:
Your card has been charged, please review
Is this you in this video?
Your package has arrived
Ransomware protection: best practices
The U.S. Department of Homeland Security Cybersecurity and Infrastructure Security Agency (CISA) recommends the following precautions to protect users against the threat of ransomware:
Update software and operating systems with the latest patches. Outdated applications and operating systems are the target of most attacks.
Never click on links or open attachments in unsolicited emails.
Backup data on a regular basis. Keep it on a separate device and store it offline.
Follow safe practices when browsing the Internet.
CISA also recommends that organizations employ the following best practices:
Restrict users' permissions to install and run software applications and apply the principle of "least privilege" to all systems and services. Restricting these privileges may prevent malware from running or limit its capability to spread through a network.
Use application whitelisting to allow only approved programs to run on a network.
Enable strong spam filters to prevent phishing emails from reaching the end users and authenticate inbound email to prevent email spoofing.
Scan all incoming and outgoing emails to detect threats and filter executable files from reaching end users.
Configure firewalls to block access to known malicious IP addresses.
In addition, SonicWall suggests the following best practice steps:
Educate users on cyber security best practices
Use a next-generation firewall to eliminate known threats on the network
Implement effective sandboxing, such as SonicWall Capture Advanced Threat Protection, on those firewalls to identify unknown threats
Deploy endpoint security with advanced AI to stop attacks before they happen on the endpoint
Avoid paying ransom; doing so only adds to the problem by encouraging more attacks
Unfortunately, with differing approaches on responding to ransomware demand being driven by budget and resources, cybercriminals have found education to be a lucrative target for ransomware attacks. While these ransomware attacks are widespread, there are commonalities to consider. It is critical to be prepared by implementing known best practices and the latest ransomware countermeasures.
7 Best Practices for Fighting Ransomware
Ransomware attacks are common headline news around the world. Outdated security approaches can prove devastating to any organization today. Fortunately, there are effective solutions. This brief explores seven core best practices to avoid becoming a victim to ransomware.
GET THE BRIEF
https://blog.sonicwall.com/wp-content/uploads/Ransomware-Targeting-K-12-Schools-Education-SonicWall.png 500 1200 Brook Chelmo https://blog.sonicwall.com/wp-content/uploads/Images/Logo/SonicWall_logo_final-web.png Brook Chelmo2019-12-18 09:07:052019-12-18 09:07:05A Hard Study in Ransomware: Education Being Held Hostage
The E-rate 'Fear Less' Solution
May 24, 2019 /0 Comments/in Education /by SonicWall Staff
The E-rate program is critical for K-12 organizations that lack the funding to procure appropriate technology, such as networking and cyber security solutions (e.g., firewalls, wireless network security, etc.). But understanding the program — as well as confirming your E-rate eligibility — can be daunting.
Episode 3: The E-rate Fear Less Solution
On the third episode of the E-rate Fear Less series, Komplement CEO Holly Davis discusses school eligibility, discounts levels and the competitive bidding process.
E-rate discounts are based on the category of service requested, level of poverty, urban/rural status of the population served and the level of participation of students in the Nation School Lunch Program (NSLP).
School districts derive their discount, for purposes of determining their level of poverty, from the total percentage of students eligible for the NSLP in the school district.
Libraries derive their discount, for purposes of determining their level of poverty, from the NSLP eligibility percentage of the public-school district in which the main branch of the library is located.
Rural discount eligibility is determined at the school district or library system level. If more than 50 percent of the schools in a school district or libraries in a library system are considered rural, the district or system is eligible for the rural discount. Note: Non-instructional facilities (NIFs) are not included in this percentage calculation.
Once eligibility is confirmed, it is very important to understand that the government requires a fair and competitive bidding process. Please contact a SonicWall E-rate expert to help guide your organization through the rules and guidelines of the E-rate process.
E-rate technology discounts with SonicWall
Applicant Steps & Resources
Prep: Before You Begin
Step 1: Competitive Bidding
Step 2: Selecting Service Providers
Step 3: Applying for Discounts
Step 4: Application Review
Step 5: Starting Services
Step 6: Invoicing
Resources provided by USAC
SonicWall network and cyber security solutions meet the needs of school districts at the highest efficacy — all at price points that fit within K12 budgets.
If you are utilizing E-rate funding to assist you in buying your networking and cyber security solutions, SonicWall can help. Our team of E-rate funding experts ensure your SonicWall solution aligns with the rules and regulations of the E-rate program. SonicWall provides services in the following areas:
Managed Internal Broadband Services
Basic Maintenance for Internal Connections
With the most comprehensive channel program in the industry, combined with additional E-rate discounts, SonicWall and its partners are best positioned to meet the needs of K12 customers and help them take full advantage of the funding E-rate provides for securing their networks.
If you are an eligible K12 organization, please contact your preferred SonicWall reseller for information on E-rate benefits and discounts, or visit the SonicWall E-rate page for information, tools and guidance.
E-rate Episode Video Series for K-12 School Districts
Episode 1: An Explanation of E-rate
Episode 2: Navigating the E-rate Program: Forms, Filling Cycles & Rules
Episode 4: E-rate 'Fear Less' Technology Infrastructure
Episode 5: Frequently Asked Questions: The E-rate Program
Know the E-rate Terminology
The E-rate program is replete of acronyms, form numbers and other unique nomenclature. Learn the key terms to successfully guide your K12 organization through the E-rate process.
VIEW THE GLOSSARY
What is E-rate?
To help offset funding and staffing shortages, the U.S. Department of Education and the FCC launched the E-rate program, which helps make telecommunications and information services more affordable for schools, campuses, districts and libraries.
The E-rate program is operated by Universal Service Administration Company (USAC), which has a core focus of providing underfunded verticals the access to affordable technology and security services. This includes schools, libraries, rural healthcare organizations and more.
USAC provides a yearly Eligible Services List (ESL), which outlines which types of products and services can be procured via E-rate program discounts.
Webinar: How K-12 Districts Use Wireless Security to Protect Students, Faculty and Staff
Safeguarding K-12 networks is a delicate yet critical undertaking. Register for our unique webinar, which brings together a panel of experts from security, networking and education to outline how districts can expand wireless security to the edge — even without firewalls.
https://blog.sonicwall.com/wp-content/uploads/Images/Featured/Social-3E-RateFearless-Blog.jpg 630 1200 SonicWall Staff https://blog.sonicwall.com/wp-content/uploads/Images/Logo/SonicWall_logo_final-web.png SonicWall Staff2019-05-24 00:19:532019-05-24 11:39:49The E-rate 'Fear Less' Solution
Exertis and SonicWall Pave the Way for KCSiE Guidance and Safer Internet Day
February 6, 2017 /0 Comments/in Education /by SonicWall Staff
Note: This is a guest blog by Dominic Ryles, Marketing Manager at Exertis Enterprise, SonicWall's leading distributor in the United Kingdom. Exertis is committed to providing a range of channel focused services designed to enhance your current technical knowledge and expertise in the areas of IT Security, Unified Communications, Integrated Networks and Specialist Software.
The Internet is forever changing education. Opening up a world of opportunities and transforming how students learn. New technologies inspire children and young people to be creative, communicate and learn, but the Internet has a dark side, making them vulnerable with the potential to expose themselves to danger, knowingly or unknowingly.
On the 5th September 2016, the UK Government through the Department of Education (DfE) updated the Keeping Children Safe in Education (KCSiE) guidelines to include a dedicated section for online safety. This means that every school and college will need to consider and review its safeguarding policies and procedures, focusing particularly on how they protect students online. The guidance calls for effective online safeguarding mechanisms with a mandatory requirement for all schools and colleges to have an appropriate filtering and monitoring systems in place, striking a balance between safeguarding and 'overblocking,' and being conscious not to create unreasonable restrictions on the use of technology as part of the education process.
When we think of 'inappropriate material' on the internet we often think of pornographic images, or even access to illegal sites to download movies and music, but due to the widespread access to social media and other available platforms, the Internet has become a darker place since it first opened its doors back in 1969. Physical danger from divulging too much personal information, illegal activity such as identity theft and participation in hate or cult websites can lead to cyber bullying, and radicalisation in the modern day school, thus making children and young people vulnerable.
Earlier this year, Exertis, in conjunction with SonicWall, set out on a mission to raise awareness of KCSiE through a series of online and offline activities to the channel. We first put together our comprehensive 'Appropriate Web Filtering and Monitoring for Schools and Colleges' guide, which to date has received an overwhelming response from our partner base. The guide provides our reseller partners with all the information they need to understand the statutory changes, and how the SonicWall and Fastvue security solutions can enable educational establishments to become compliant. Towards the latter part of 2016, we registered to support Safer Internet Day (SID) 2017, a day dedicated to raising awareness of online safety for children and young people. Already in its sixth year, Safer Internet Day is run by the UK Safer Internet Centre, a combination of three leading UK organisations: SWGfL, Childnet International and Internet Watch Foundation with one mission – to promote the safe and responsible use of technology for young people. It will be the first year both companies have supported Safer Internet Day and we have been busy raising awareness in our local community. We approached two schools; St Margaret Ward Catholic Academy and The Co-Operative Academy and commissioned them to produce a large canvas painting with the topic 'What does the internet mean to you?' Students and teachers from both schools will come together to create two canvas paintings depicting the good and the bad of the internet from their perspective. We have given the schools 4-weeks to complete the art project and will be revisiting both schools on Safer Internet Day, 7th February to meet with the students and teachers behind the project, provide a talk around e-Safety, and with it, hope to raise awareness of children and young becoming safe on the Internet.
About Safer Internet Centre.
The UK Safer Internet Centre are a partnership of three leading organisations: SWGfL, Childnet International and Internet Watch Foundation with one mission – to promote the safe and responsible use of technology for young people. The partnership was appointed by the European Commission as the Safer Internet Centre for the UK in January 2011 and last year reached 2.8 million children. To find out more. Please visit – https://www.saferinternet.org.uk/
About Exertis (UK) Ltd.
Exertis is one of Europe's largest and fastest growing technology distribution and specialist service providers. We partner with 360 global technology brands and over 28,850 resellers, e-commerce operators and retailers across Europe. Our scale and knowledge, combined with our experience across the technology sector, enables us to continue innovate and deliver market leading services for our partners. To find out more, please visit our website – http://www.exertis.co.uk/
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Are Campus Defenses Keeping Up with Attacks from the Cyber Netherworld?
January 8, 2016 /0 Comments/in Education /by SonicWall Staff
I took a computer science minor when I was in college. Back then, the school computers were in a heavily secured section of one building, and we accessed them from teletype terminals and punch card readers (no, we did not use charcoal on slates by the fireplace in the log cabin!). There was no reason to worry about the security of our computer work, other than needing to stay on the good side of the staff of the computer center so that they wouldn't reshuffle our punch cards or "misplace" our printouts.
Fast forward more than a few years, when I was doing graduate work at a public university. I took 30 credits online, using recordings of on-campus classes, regular chat sessions with my instructors and fellow students, and accessing research information, including public and professionals-only data sources, through the school's online library system and its global connections. I didn't pay too much attention to the security of my online activities; internet connectivity made them possible, but there weren't nearly the number of bad actors out on the net that there are today.
Today my son is in college, and it's natural for him to select a mix of online and in-person classes, even though his school is a short drive away. He relies on his school's IT infrastructure for classwork, exams, registration, and research, and can access these functions as well as find out anything about what is available on the internet–from his laptop or smartphone. And every one of those transactions takes place in a space that is just seething with cyber muggers, burglars, and every variety of malicious actor you can imagine.
Information is the stock in trade of colleges and universities. Information enables students to pursue their degrees, faculty to teach and research, and staff to keep these institutions running. Much of the information has real value in the cyber netherworld, whether it's personally identifiable information of students, proprietary research conducted with other schools and industry partners, or financial transactions.
Keeping this information secure is a challenge. In a recent Center for Digital Education survey of higher education IT professionals, 72 percent listed data breaches among their greatest current network security concerns. Their top security concerns for the year ahead? Spam, phishing, and malware. What's standing in the way of better network security? More than four out of five pointed to budget constraints.
Keeping campus networks secure in the face of ever-increasing growth of data, devices used to access that data, and cyber threats requires more effective and more cost-effective security. To learn more about what's keeping campus IT leaders up at night, and what they're doing about it, view our on-demand webcast, Network Security in Education: The changing landscape of campus data security.
Register for Webcast
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Stagnation expected in European gas diplomacy
6 March 2015 21:55 (UTC+04:00)
By Gulgiz Dadashova
Moscow's plan to replace the South Stream natural gas pipeline with Turkish Steam has turned into a real "game changer" amid Europe's rising rush to find new sources for ensuring its energy security.
Following this development Europe has looked at different options, among which the possibility of making the Southern Gas Corridor, which is under construction a permanent reality. Meanwhile, Iran renewed its intention to supply gas to Europe in view of its warming ties with the West.
Now, all supply sources have had their eyes set on Europe, looking to decipher what decisions the EU will make -- standing firm on the Southern Gas Corridor while attracting energy-rich Central Asian countries; accepting Turkish Stream and further depending on Russia which can also end in agreeing on Turkey's EU membership; achieving nuclear deal with Iran and bringing Iranian gas to Europe.
Gal Luft, co-director of the Washington-based Institute for the Analysis of Global Security, believes the next several months will be a period of stagnation in terms of decision making on this issue.
The expert said there are simply too many uncertainties regarding Russia, Iran, the European gas market and Europe's economy writ large - which of course impacts demand.
In an e-mail to AzerNews, Luft noted that it is also important to pay attention to how China's New Silk Road strategy plays into the story as the objective of this strategy is to enhance energy connectivity across the Eurasian land mass.
"Another main source of uncertainty is pricing. The decline in oil prices is impacting LNG prices and this in turn can have an impact on the negotiations over the price of piped gas," he wrote.
Commenting on Turkmenistan's aspiration to reach European market, the expert noted that he doesn't expect Turkmenistan to challenge Russia on the supply to Europe.
"Their main export market will be China. This is where the growth is and the delivery infrastructure already exists," the expert noted.
Turkmenistan considers delivering its huge natural gas reserves to the West via the Trans-Caspian pipeline project, a proposed project which would run under the Caspian Sea to reach Azerbaijan, then Georgia, and finally connect with TANAP.
Meanwhile, Brendan Devlin, advisor in the Commission's DG energy, believes that Gazprom can use the Trans-Adriatic Pipeline, the core link of the Southern Gas Corridor, to move gas, if the Russian export monopoly builds the Turkish Stream pipeline and brings gas to Greece.
Devlin argued that it was unlikely another big pipeline except for the Southern Gas Corridor would appear in South Eastern Europe, because "the markets are too small" in the region.
However, the diplomat told EurActiv that it would take many years before Russia completes the Turkish Stream project. However, Azerbaijan's Shah Deniz gaz from the TAP pipeline would have priority finding clients, long before eventual Russian gas arrives to the same pipe.
Within the second phase of Shah Deniz project development it was planned it will produce some 16 billion cubic meters of gas, six billion of which will be transported to Turkey and ten billion to Europe.
First gas deliveries to Europe via the Southern gas Corridor are planned in 2020. The cost of the work on all elements of the Southern Gas Corridor has been estimated at almost $45-48 billion, according to preliminary data.
Follow Gulgiz Dadashova on Twitter: @GulgizD
Southern Gas Corridor
Turkish Steam
Trans Caspian Pipeline
Azerbaijani foreign minister, OIC chief discuss co-op agenda for 2023
One killed in armed attack on Azerbaijani embassy in Iran's capital

redpajama_set_name: RedPajamaCommonCrawl


There is no research question. This is an expanded access program.
This is an expanded access program. The program is sponsored by the pharmaceutical company named Agios Pharmaceuticals, Inc. (the "Sponsor"). The purpose of this EAP is to provide access to ivosidenib to qualifying patients during the period of time prior to the potential approval and commercial availability of ivosidenib.


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On Lisp is a comprehensive study of advanced Lisp techniques, with bottom-up programming as the unifying theme. It gives the first complete description of macros and macro applications. The book also covers important subjects related to bottom-up programming, including functional programming, rapid prototyping, interactive development, and embedded languages. The final chapter takes a deeper look at object-oriented programming than previous Lisp books, showing the step-by-step construction of a working model of the Common Lisp Object System (CLOS).
As well as an indispensable reference, On Lisp is a source of software. Its examples form a library of functions and macros that readers will be able to use in their own Lisp programs.
Prentice Hall, 1993, 432 pages, paperback. ISBN 0130305529.
New: Download it for free.
"The first book that really explains what Lisp is all about."
- John Foderaro, Franz Inc.
"On Lisp draws the reader in from the very first sentence. The author's writing style is clear and articulate, but comfortably informal. The subject matter is important, and has not been adequately treated in previous books. The chapters on macros present important material that is virtually unique to this book.
The chapter on object-oriented programming is excellent. The author builds a nice mini-CLOS to teach basic object-oriented techniques, but then wisely switches to real CLOS to cover the more advanced topics."
- David Touretzky, Carnegie-Mellon University
"An excellent description of the real essence of Lisp."
- Thomas Cheatham, Harvard University
"As with his other book, ANSI Common Lisp, Graham writes in a fluid style that is a pleasure to read."
- Amazon.Com
"The topics On Lisp covers are extremely useful for any seriously aspiring Lisp programmer. I think it's a great idea to collect in one place programming techniques normally attainable only the hard way. The examples, which are plentiful and excellent, are one of the significant strengths of the book."
- Skona Brittain, Developer of NanoLisp
Call for Bugs


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Home > Opinions > Tyrone v. Kelley
Citation 9 Cal.3d 1
Tyrone v. Kelley
Tyrone v. Kelley , 9 Cal.3d 1
[S.F. No. 22892. Supreme Court of California. March 9, 1973.]
NORMAN TYRONE, Plaintiff and Respondent, v. WILLIAM K. KELLEY et al., Defendants and Appellants
In Bank. (Opinion by The Court.) [9 Cal.3d 2]
David W. Lennihan and Brobeck, Phleger & Harrison for Defendants and Appellants.
Evelle J. Younger, Attorney General, Herbert E. Wenig, Assistant Attorney General, and Richard I. Gilbert, Deputy Attorney General, as Amici Curiae on behalf of Defendants and Appellants.
Thorne, Clopton, Herz & Stanek, John E. Thorne and Elizabeth Cobey for Plaintiff and Respondent.
Bernard Reich as Amicus Curiae on behalf of Plaintiff and Respondent.
Defendants appeal from a judgment for plaintiff Norman Tyrone in this action to recover a fee for finding a lender which committed itself to loan defendants up to $7,000,000 for a construction project.
In 1963, defendant Hare, Brewer & Kelley, Inc., a corporation, initiated plans to develop a shopping center and office building in Palo Alto, with construction to be undertaken by defendant Triad, a limited partnership. fn. 1 The construction project was widely publicized.
In May of 1963, after a telephone conversation between William K. Kelley and Norman Tyrone, a letter subscribed "Financial Services, Ltd., Norman Tyrone, President" was sent to Kelley from Tyrone's office in Atlanta, Georgia, offering help in securing a loan for the construction of the planned buildings. There was apparently no immediate follow-up on the letter, and neither Kelley nor Tyrone remember either the telephone conversation or the letter, characterized by Tyrone as a general flier and by Kelley as similar to many letters he received as a result of the publicity on the project.
In the summer of 1963, William Hammond visited Ryland Kelley to interest him in a plan for financing residences. On this visit, Kelley told Hammond about Triad's desire for a $14,000,000 loan to finance the [9 Cal.3d 5] construction of the office building and shopping center. Hammond, who was affiliated with Financial Services and Norman Tyrone through his partner William Sockle, stated that he had a contact who might be interested in a loan of that size and mentioned Tyrone.
After this conversation, Hammond telephoned Tyrone and wrote to him concerning the Kelleys' loan. Tyrone sent Hammond a loan information form bearing the legend "Financial Services, Ltd. Mortgage Bankers" which was used by Tyrone to evaluate prospective customers. He asked Hammond to have the Kelleys fill out the form.
In November of 1963, the loan form and an additional 11 pages of information on the planned buildings were completed by Ryland Kelley. The data were sent to Tyrone in Atlanta, Georgia, by Hammond.
According to Tyrone, he immediately called Kelley, and discussed a fee for his assistance in procuring a loan. Neither of the Kelleys remember this conversation. Tyrone testified that there had been a specific agreement between him and Triad for a 3 percent fee, while the defendants testified that there had been no such agreement. They insisted that the only agreement was one between them and Hammond for a reasonable fee made at the time of Hammond's first conversation with Ryland Kelley.
Tyrone immediately contacted The Sixty Trust, a lender located in Rhode Island, to interest it in loaning the Kelleys the money they needed. Tyrone learned that a representative of The Sixty Trust, Mr. Cervieri, was in San Francisco on business. He telephoned Cervieri in San Francisco, asking him to visit the Kelleys while he was in California and informing him that he had forwarded Triad's financial data to The Sixty Trust's Rhode Island office.
In December of 1963, Cervieri and the defendants met to discuss financing of the buildings. There is no claim that Cervieri and the defendants would have met without Tyrone's introduction. No agreement was reached between the defendants and The Sixty Trust at this time.
Tyrone, upon learning that there was no agreement for a loan between The Sixty Trust and Triad, sent a letter to Triad suggesting alternative methods of financing. Tyrone also visited the defendants in Palo Alto, discussing their plans and urging them to finance the office building and shopping center separately. His visit was followed by a visit to the defendants by the vice president of Financial Services, who again urged separate financing. The Kelleys found all of the financing methods suggested by Financial Services unsatisfactory. [9 Cal.3d 6]
Both Tyrone and the Kelleys continued to search for a lender who would agree to Triad's terms. In the summer of 1964, after the failure of all attempts to find a lender, the Kelleys reopened negotiations with The Sixty Trust, agreeing to the separate financing initially suggested by The Sixty Trust and by Financial Services.
The Kelleys did not inform Tyrone of the reopened negotiations or of the agreement. Tyrone first learned from Cervieri that negotiations had reopened and later when agreement was near, heard about the negotiations from Sockle and Hammond who had been informed of the negotiations by the Kelleys at the insistence of The Sixty Trust.
In August of 1964, when The Sixty Trust committed itself to lend Triad up to $7,000,000, The Sixty Trust wrote to Triad concerning Triad's payment of fees to Financial Services for introducing it to Triad. The Kelleys then wrote Hammond with respect to the payment of a fee and met with Hammond, offering him $10,000.
Hammond indicated that he had no authority to accept a fee without the approval of Tyrone. He and Tyrone then met with the Kelleys in California to discuss a fee arrangement. No agreement on a fee was reached, and Tyrone filed suit against Triad and all of its general partners.
When the complaint was initially filed on October 5, 1965, the plaintiffs were William Hammond, William Sockle and Financial Services, Ltd., listed as a corporation. The defendants, fn. 2 answered the complaint on July 13, 1966, denying all the material allegations of the complaint and alleging as special defenses that Tyrone was not a licensed real estate broker and thus the action was barred by sections 10130, 10131, and 10136 of the Business and Professions Code, which require all real estate brokers operating in California to be licensed in the State of California, and that Financial Services had not registered as a foreign corporation and thus the action was barred by section 6801 of the Corporations Code, which requires all foreign corporations transacting business in California to register in California.
At the beginning of the trial in February of 1969, over the objections of the defendants, the complaint was amended and Norman Tyrone, doing business as Financial Services, Ltd., was substituted as plaintiff.
On the fourth day of the trial, over the objections of the plaintiff, the [9 Cal.3d 7] defendants moved to amend their answer to raise a third affirmative defense, the failure of Tyrone to file a certificate that he was doing business under a fictitious name pursuant to former section 2466 of the Civil Code. fn. 3 The court reserved ruling on this motion but on the last day of trial, it denied a motion for a nonsuit made by the defendants on this ground, ruling that the plaintiff's failure to file a certificate that he was doing business under a fictitious name was a mere matter of abatement and not a jurisdictional defect.
The court found that defendants had requested Tyrone's services; that the defendants had agreed to pay Tyrone a fee of 3 percent of the loan desired or approximately $200,000, if Tyrone could find a lender, but refused either to acknowledge their debt when Tyrone performed his part of the agreement or to negotiate a fee with him in good faith; that the defendants made no agreement for a fee with Hammond; that neither Tyrone nor Hammond nor Sockle participated in any negotiations between The Sixty Trust and Triad, and, in fact, none of them even knew of the negotiations until the agreement was reached; that none of the plaintiffs were licensed real estate brokers in California and that defendants were not prejudiced by the amendment of the complaint to substitute Norman Tyrone as plaintiff.
The court concluded that there was a contract fully performed by Tyrone for $200,000 or a 3 percent fee; that Tyrone acted as a finder and not a real estate broker and was not required to be licensed; that Tyrone was not required to file a certificate of doing business under a fictitious name; that Tyrone was entitled to a judgment for $200,000; and that neither Hammond nor Sockle was entitled to a judgment.
The trial court's finding that there was a contract between the parties for a 3 percent or $200,000 fee is supported by the evidence and cannot be disturbed on appeal.
Where, as in the instant case, there is conflicting evidence, all doubts shall be resolved in favor of the trial court's decision. (Crawford v. Southern Pacific Co. (1935) 3 Cal.2d 427, 429 [45 P.2d 183], 6 Witkin, Cal. Procedure (2d ed. 1971) Appeal, § 245, pp. 4236-4237.) The trial court's decision will be overturned only where there is no substantial evidence in support of the trial court's decision and thus there can be no doubt of its erroneous nature. (Estate of Teel (1944) 25 Cal.2d 520, 527 [154 P.2d 384]; 6 Witkin, Cal. Procedure, supra, § 249, p. 4241.) There was sufficient [9 Cal.3d 8] evidence of the agreement, and the court was not required to accept defendants' contrary evidence. Tyrone presented ample evidence of an agreement between him and Triad and it must be assumed that the defendants' contrary evidence was not believed.
Defendants urge that Tyrone is not entitled to a judgment against them on the agreement since he performed the services of a real estate broker in California, but was not licensed as a broker in California. They maintain that his recovery is barred under the provisions of section 10136 of the Business and Professions Code and related sections. fn. 4
[1] Numerous cases have held that one who simply finds and introduces two parties to a real estate transaction need not be licensed as a real estate broker. Such an intermediary or middleman is protected by the finder's exception to the real estate licensing laws, an exception first established in Shaffer v. Beinhorn (1923) 190 Cal. 569, 573-574 [213 P. 960]. In that case, this court held that a person who contracted to introduce a seller to a prospective purchaser did not act as a broker but as a finder. Many subsequent cases have recognized the exception. (See, e.g., Batson v. Strehlow, 68 Cal.2d 662, 669 [68 Cal.Rptr. 589, 441 P.2d 101]; Davis v. Chipman, 210 Cal. 609, 619-620 [293 P. 40]; Zappas v. King Williams Press, Inc., 10 Cal.App.3d 768, 772-773 [89 Cal.Rptr. 307]; Hasekian v. Krotz, 268 Cal.App.2d 311, 319-324 [74 Cal.Rptr. 410]; Porter v. Cirod, Inc., 242 Cal.App.2d 761, 762-763 [51 Cal.Rptr. 784]; Evans v. Riverside Internat. Raceway, 237 Cal.App.2d 666, 675-677 [47 Cal.Rptr. 187]; Spielberg v. Granz, 185 Cal.App.2d 283, 290-291 [8 Cal.Rptr. 190]; Palmer v. Wahler, 133 Cal.App.2d 705, 708-711 [285 P.2d 8]; Freeman v. Jergins, 125 Cal.App.2d 536, 546-551 [271 P.2d 210]; Crofoot v. Spivak, 113 Cal.App.2d 146, 147-148 [248 P.2d 45]; Rhode v. Bartholomew, 94 Cal.App.2d 272, 279-282 [210 P.2d 768].) [9 Cal.3d 9]
[2] The finder is a person whose employment is limited to bringing the parties together so that they may negotiate their own contract, and the distinction between the finder and the broker frequently turns upon whether the intermediary has been invested with authority or duties beyond merely bringing the parties together, usually the authority to participate in negotiations. (See, e.g., Batson v. Strehlow, supra, 68 Cal.2d 662, 669; Davis v. Chipman, supra, 210 Cal. 609, 619-620.)
It is urged that even in the absence of any participation in negotiations, the finder's exception is inapplicable where there has been solicitation of a borrower or lender. In this regard, defendants rely upon the 1959 amendment to section 10131 of the Business and Professions Code which changed the definition of a real estate broker to include a person who "solicits" borrowers or lenders. fn. 5
In one sense of the quoted word all finders must solicit a prospective borrower or lender. Otherwise, the finder would have no function except where a prospective borrower and lender fortuitously call upon him at the same time. To hold that any act of solicitation of a borrower or lender would preclude a determination that a person was a finder would in effect eliminate the finder's exception to the licensing law.
[3] It is clear that the Legislature did not intend by the 1959 amendment to section 10131 to eliminate entirely the finder's exception but rather intended to limit it in one respect not relevant here. The 1959 amendment to section 10131 was made by section 4 of chapter 2117 of the 1959 statutes. Section 14 of that chapter makes clear that the purpose of the enactment of the chapter was the licensing of "advance fee" operators who had "sought to shield their activities under the guise of operating as mere finders or locators. ..." The legislative statement of purpose in the section shows that the Legislature did not intend a departure from established principles relating to brokers and finders except as to the "advance fee" operators, and the reference in the section to "finders" reflects a legislative recognition that the finder's exception to the licensing law was recognized and continued with the exception of the "advance fee" operators. fn. 6 [9 Cal.3d 10]
Support for this conclusion is furnished by the fact that in cases subsequent to the 1959 and other amendments where no advance fee was involved, the courts have continued to recognize the finder's exception to the licensing law without discussion of the amendments. (E.g., Batson v. Strehlow, supra, 68 Cal.2d 662, 669; Zappas v. King Williams Press, Inc., supra, 10 Cal.App.3d 768, 772-773; Hasekian v. Krotz, supra, 268 Cal.App.2d 311, 319-324; Porter v. Cirod, Inc., supra, 242 Cal.App.2d 761, 762-763; Evans v. Riverside Internat. Raceway, supra, 237 Cal.App.2d 666, 675-677.)
[4] The cardinal principle of statutory construction is that, absent a [9 Cal.3d 11] single meaning of the statute apparent on its face, we must give it an interpretation based upon the legislative intent with which it was passed, and where the Legislature has expressly declared its intent, we must accept the declaration. (Friends of Mammoth v. Board of Supervisors, 8 Cal.3d 247, 256-257 [104 Cal.Rptr. 761, 502 P.2d 1049].) We are satisfied that it would be improper and contrary to legislative intent to terminate the finder's exception on the basis of amendments to the real estate licensing law which refer to solicitation.
Our determination that the Legislature never intended the finder's exception to be made inapplicable by the finder's mere act of solicitation is given additional support by the provisions of the Business and Professions Code relating to the licensing process. Section 10150.6 of the Business and Professions Code provides that no one may receive a real estate broker's license in California who has not held a real estate salesman's license in California for two years, unless he has had either the equivalent of two years of general real estate practice or graduation from a four-year college or university course which includes specialization in real estate and three members of the real estate commission approve his written petition for an exception to the licensing law. Under sections 10153 and 10153.3 of the Business and Professions Code, all applicants for a broker's license must pass an examination which tests both the applicant's proficiency in English and arithmetic, and his understanding of the principles of real estate and business opportunity conveyancing, the general purposes and general legal effect of agency contracts, deposit receipts, deeds, mortgages, deeds of trust, chattel mortgages, bills of sale, land contracts of sale and leases, the principles of business and land economics and appraisals, the obligations between principal and agent, the principles of real estate and business opportunity practice, the canons of business ethics, and the regulations of the real estate commissioner.
One who merely introduces two parties to a real estate transaction, whether or not he solicits those persons, does not need to be as knowledgeable about real estate transactions as a licensed broker, unless, of course, he participates in the negotiations. The finder of loans is an individual who is familiar with finance and who knows who is available to lend money under what terms and at what time. Unless he enters into the negotiation of the transaction or other activities beyond introduction, he need not be well versed in real estate law or in real estate economics and appraising.
It is true that the finder's exception presents a seeming anomaly in our law. In general, an unlicensed individual may recover an agreed compensation where he merely finds a buyer, seller, lender, or borrower, but if [9 Cal.3d 12] in addition to finding such person he goes further and helps to conclude the transaction by taking part in negotiating the details of the transaction, compromising or composing differences between the parties, by way of example, he may not recover the agreed compensation.
Nevertheless, when viewed in the light of the competing public policies the finder's exception is not anomalous. Fundamental to our law is the basic principle that persons should perform their contracts, and when they breach their agreements, action should ordinarily lie to enforce contractual duties. On the other hand, the promotion of competency and integrity in those called upon by the public to perform complex duties involving trust is a salutary purpose, and the policy underlying the licensing statutes must be given full effect. Neither considerations of competency nor of trust are of importance where the undertaking is merely to seek out, locate, find and introduce a buyer, seller, borrower, or lender to his counterpart or where negotiations and completion of the transaction are left completely to the principals. By enforcing the promise to pay a finder's fee we give effect to the policy of enforcement of contracts in cases where the policy underlying the licensing statute does not directly apply. It is for the Legislature, not this court, to determine whether the finder's exception should be terminated.
[5] In the instant case, the trial court found that Tyrone did not participate in any negotiations with Triad and The Sixty Trust. It then concluded, based on this finding, that Tyrone was protected by the finder's exception. This finding, and the resultant conclusion, is supported by substantial evidence.
When Tyrone initially introduced defendants to a representative of The Sixty Trust, he did not participate in their negotiations. He did not make an offer or present an offer to either party. When defendants and representatives of The Sixty Trust met the second time to negotiate the loan, Tyrone was not even informed of the negotiations and did not learn of the deal until it had been consummated.
In fact, as defense counsel conceded at trial in his opening statement: "The evidence will show that there was an enormous amount of work required to be done or done in connection with the negotiation of this loan. The work consumed hundreds of hours, hundreds of hours of the time of the Kelleys, hundreds of hours of the time of their attorneys, and resulted in the execution of dozens of documents. Neither Mr. Tyrone nor Mr. Hammond nor Mr. Sockle nor anyone associated with [Financial Services] participated in any way, shape or form in this endeavor. [9 Cal.3d 13] [¶] ... The most that can be said of the services rendered by the plaintiffs -- and I don't know which of them will turn out to be the proper person -- the most that can be said is that they caused to be brought to the attention of The Sixty Trust the fact that here in California some enterprise under the management of Hare, Brewer & Kelley was in need of funds. That is the beginning and end of services rendered by them."
Although Tyrone's associate helped to prepare a detailed loan form and Tyrone discussed with the Kelleys alternative methods of financing, these services were merely to gain essential information and to better enable him to perform his function of finding a suitable lender. They do not establish as a matter of law that Tyrone participated in the negotiations in the circumstances of this case. So far as appears, the loan form was prepared prior to any contact with The Sixty Trust. The suggestions as to financing were made after negotiations with the Trust had broken down, and they occurred a substantial time prior to the renewal of negotiations between borrower and lender. In view of the complex negotiations which did in fact occur between borrower and lender in the absence of Tyrone, it cannot be concluded as a matter of law that he participated in the negotiations or that he violated the licensing law.
The defendants have asked this court to make findings of fact pursuant to rule 23 of the California Rules of Court which would establish that Tyrone did "solicit" the Kelleys. However, "solicit" as applied in this sense is synonymous with "find," absent participation in negotiations, and, as shown above, such findings would not be determinative.
Moreover, these findings could not properly be made by this court. [6] Although appellate courts are authorized to make findings of fact on appeal by Code of Civil Procedure section 909 and rule 23 of the California Rules of Court, the authority should be exercised sparingly. (De Angeles v. Roos Bros., Inc., 244 Cal.App.2d 434, 443 [52 Cal.Rptr. 783].) Absent exceptional circumstances, no such findings should be made. (Green v. American Cas. Co., 17 Cal.App.3d 270, 273 [94 Cal.Rptr. 528].) There are no exceptional circumstances in the instant case. The request for findings is denied.
Tyrone's action is not barred by his failure to file a certificate of doing business under a fictitious name pursuant to former Civil Code sections 2466 and 2468.
[7] It has been established that "[an] objection to the maintenance of an action on the ground that plaintiff has not complied with the provisions [9 Cal.3d 14] of sections 2466 and 2468 of the Civil Code by filing and publishing the certificate required thereby, is a mere matter of abatement pending the trial, which has the result of suspending the trial until the statute is complied with. It is not jurisdictional." (Kadota Fig Assn. v. Case-Swayne Co., 73 Cal.App.2d 796, 804-805 [167 P.2d 518]; see also Rivers v. Beadle, 183 Cal.App.2d 691, 700-702 [7 Cal.Rptr. 170].) [8] Where the plea in abatement on the basis of the fictitious name statute is properly raised prior to trial, the plaintiff may thereafter comply with the statute and then proceed with his action. (Rudneck v. Southern California M. & R. Co., 184 Cal. 274, 281 [193 P. 775].)
A judgment on the merits should not be reversed where the plea in abatement is raised for the first time during trial. [9] When the plea in abatement is raised for the first time in the midst of the trial, the policy underlying the fictitious name statute is not the only policy to be considered by the trial judge. The trial judge cannot but be aware that to continue the matter in the midst of trial to permit compliance with the fictitious name statute would result in substantial inconvenience to the parties and the court and might involve a substantial waste of our limited judicial resources. When compliance with the fictitious name statute appears to be a simple matter and when serious disruption of the efficient administration of justice might result from a continuance to permit compliance, the trial judge has discretion to refuse to abate proceedings. In the circumstances, it was not an abuse of discretion for the trial judge to determine that, considering the various policies involved, the trial should continue.
[10] Defendants contend that the evidence establishes that Financial Services, Ltd., was a partnership composed of Tyrone and others, and that the judgment must be reversed because of failure to join the other partners as plaintiffs. However, defendants must be deemed to have waived any objection to the nonjoinder. The contention that the commission was owed to a partnership was not raised by answer. The fact that there was a substitution of plaintiffs does not affect the defense because the defense that another party was the obligee, if valid, was available as much against the corporate plaintiff as the individual plaintiff.
In addition, as the trial court concluded, defendants are not prejudiced by Tyrone's failure to join his partners as party plaintiffs. The statute of limitations on bringing suit by Tyrone's unnamed partners has long since run out. There is no threat of a double liability if defendants pay Tyrone. The fact that Tyrone may be obligated to share his fee with his partners or with William Hammond and William Sockle is irrelevant. [9 Cal.3d 15]
[11] Last, the defendants contend that it was error to award a judgment against them as individuals and any judgment should be against Triad, a limited partnership. They urge that the trial court findings are incorrect in stating that each of the five general partners of Triad, individually and as general partners of Triad, requested Tyrone's assistance.
Tyrone was entitled to consider the Kelleys and their various firms as parties to the contract as well as Triad itself. (See Rest.2d Agency (1958) §§ 321, 322.) Moreover, Tyrone is entitled to recover both from Triad and those general partners who were joined as parties to the action. (Code Civ. Proc., § 388; Fazzi v. Peters, 68 Cal.2d 590, 596-597 [68 Cal.Rptr. 170, 440 P.2d 242].)
FN 1. The general partners of Triad at this time were William K. and Ryland Kelley; Alma Developments, a limited partnership; Portola Development Company, a corporation; and Hare, Brewer and Kelley, Inc.
FN 2. William K. and Ryland Kelley, who are named as defendants and who are either officers or partners of all the defendant companies, have represented the defendants in all the proceedings.
FN 3. Section 2466 has since been repealed. General fictitious name requirements are now found in Business and Professions Code section 17901 et seq.
FN 4. Section 10130 of the Business and Professions Code provides: "It is unlawful for any person to engage in the business, act in the capacity of, advertise or assume to act as a real estate broker or a real estate salesman within this State without first obtaining a real estate license. ..."
Section 10131 of the code provides: "A real estate broker within the meaning of this part is a person who, for a compensation or in expectation of a compensation, does or negotiates to do one or more of the following acts for another or others: ... (d) Solicits borrowers or lenders for or negotiates loans or collects payments or performs services for borrowers or lenders or note owners in connection with loans secured directly or collaterally by liens on real property or on a business opportunity."
Section 10136 of the code provides: "No person engaged in the business or acting in the capacity of a real estate broker or a real estate salesman within this State shall bring or maintain any action in the courts of this State for the collection of compensation for the performance of any of the acts mentioned in this article without alleging and proving that he was a duly licensed real estate broker or real estate salesman at the time the alleged cause of action arose."
FN 5. In 1929, the licensing statute was amended to include one who "solicits" for prospective purchasers. (Stats. 1929, ch. 130, § 2, p. 223.)
FN 6. In chapter 2117, the Legislature stated that it: "... finds the necessity for the enactment of the legislation contained ... in this act to be as follows: 'That since 1948 a number of individuals and corporate entities, hereafter for convenience referred to as promoters, some operating with their principal or main offices in California, have themselves and through their salesmen and agents, engaged in the business of appraising the property, making false and fraudulent misrepresentations to the owners, lessees or renters of property, hereafter for convenience referred to as owners, for the purpose of inducing the owners to entrust money to, or to execute agreements to pay money to the promoters to be utilized by the promoters for promised services, such as advertising on a national scale in newspapers, magazines and radio, distribution of brochures, and to establish contact with brokers and to locate and find prospective buyers, in order to promote the sale, lease, rental or exchange of the property of the owners; that said promoters often misrepresent that there will be no charge for their services unless and until the property is sold to a buyer found by them but that an "advance fee," deposit or retainer is required from, or charged against, the owner, all of which will be used to pay the cost of promotional advertising and which will be deducted from the sales commission when the property is eventually sold; that the said promises are made by the promoters with no intent of making a bona fide effort to render such service, and with the intent to render merely token services; and the effectiveness and efficiency of their service is grossly misrepresented by the promoters. [¶] That not all individuals nor corporate entities who receive advance fees engage in the aforesaid practices. Many are long established and legitimate businesses. [¶] Newspapers and magazines of general circulation have not been found to engage in the aforesaid reprehensible practices. [¶] That as a result of the aforesaid practices thousands of owners, both within and outside of California; have been deceived and defrauded by said promoters, and have lost millions of dollars. [¶] That said promoters have sought to shield their activities under the guise of operating as mere finders or locators of buyers, or as being engaged exclusively in the advertising or publishing business, and to claim that they are not operating as real estate or business opportunity brokers or salesmen. [¶] To protect the aforesaid owners of property, as well as the general public, and to insure the general welfare, it is necessary to subject the advance fee business to regulation and to limit the persons or entities who engage in the advance fee business to those of proven honesty and integrity, and to establish a fiduciary relationship between the promoters and the owners by requiring that they be licensed as real estate or business opportunity brokers and salesmen, and to require them to account to their principals for the expenditure of the funds entrusted to them. [¶] Recently persons engaged in the advance fee promotion business have switched to the lending field from the selling field, and have applied the some modus operandi to inducing persons to sign advance fee contracts on the representation that the advance fee operator will aid and assist them to secure loans on their personal or real property, or both. These are often called "advance fee lenders" as distinguished from their prototype, the "advance fee seller." Each is equally in need of regulation and licensing.'" (Stats. 1959, ch. 2117, § 14, pp. 4942-4943; italics added.)
Fri, 03/09/1973 9 Cal.3d 1 Review - Civil Appeal Opinion issued
Mar 9 1973 Opinion: Affirmed
SCOCAL, Tyrone v. Kelley , 9 Cal.3d 1 available at: (https://scocal.stanford.edu/opinion/tyrone-v-kelley-30238) (last visited Saturday January 16, 2021).


Intelligent video: the key to transforming the in-store shopping experience?
The retail sector has felt the disruptive impact of e-commerce more than most. The inevitable costs of staffing, rent, maintenance and daily operations has left traditional brick-and-mortar stores struggling to stay dynamic and compete effectively with their more agile online counterparts.
The question, therefore, is how can stores optimise operations and improve the customer experience at this critical time?
One challenge that retailers often face is not having a way to collect accurate data and visualise it intelligently in order to make smarter business decisions about the shop floor. For many, reorganising store layout and installing additional equipment is not a realistic option – either because there is not the available space, or because of budgetary constraints.
In these circumstances, an effective solution could be artificial intelligence (AI) and deep learning. Together, these cutting-edge technologies create a video surveillance offering that can give retailers valuable insight into real-time operating conditions, to boost customer service and in-store competitive advantage.
Below, we explore each of these technologies in more detail.
Understanding the flow of customers is the key to optimising a store's sales performance. And by using an accurate people-counting camera, stores can understand daily/weekly/monthly peak times, so that store managers can arrange staffing accordingly. What's more, by layering this data over days, weeks and months, retailers can start to see customer flow trends. The data can be benchmarked against the store's sales figures and its overheads, to inform future operational strategy, and help managers to optimise store profitability.
Furthermore, people counting can also help retail managers gain insights into the customer experience. One example would be to evaluate the conversion rate, which depends on the actual number of purchases divided by the number of people entering the store. Retailers can calculate this rate easily using people counting technology. Even better, people counting can also help stores determine the results of their marketing activities. Each marketing campaign can be quantified by people counting to measure return on investment. This is just one of several technologies that provide insight into consumer behaviour and optimal marketing practices.
Loyal high-end or VIP customers are enormously valuable to retailers, but service staff cannot always identify them immediately. This means that business operators miss valuable opportunities to extend a special service.
Intelligent facial recognition cameras, however, can provide unique opportunities that were previously unavailable. When customers opt to participate in VIP marketing promotions or other incentives, facial recognition technology will give retailers accurate tools to identify VIPs so staff can provide the right kind of service at the right time. There would be no more need for customers to show membership cards to receive special offers, for example. The whole shopping experience becomes more convenient and efficient.
Retailers usually want to know which products customers are most interested in, and which promotional products can attract customers to stop. With heat-mapping technology, retailers can see a colour-coded map of how much time shoppers spend in specific store areas. This can reveal hot spots and dead zones, as well as how many people actually shop for a specific product, versus those who just decide to pick it up as they casually walk by.
By layering this data over time, retailers can get insight into how to best place items in store, and how best to design the overall store layout.
One of the most useful heat-mapping tools available to the retail market is the fisheye camera. A single, compact camera can capture a panoramic high-definition image over an impressively wide area, while its heat-mapping function provides the colour-coded map. Because fewer cameras are needed than with most heat-mapping solutions, installation is cost-effective, making this the ideal solution for a location such as an independent shopping mall.
Waiting time can have a devastating effect on the in-store customer experience. If a customer sees a long queue in a store, they may stop shopping and go elsewhere. Worse still, if there is always a long queue every time they visit the store, they may avoid that store completely in future.
Queue detection solutions can help retailers manage their checkout lines, and the queue detection cameras are designed to monitor queues in real-time. The cameras count the number of people in each queue, and if there are too many people in each checkout line and customers still continue to flock to the checkout area it triggers an alarm to store management, who can open a new checkout.
Transaction records and surveillance videos can provide valuable information to reduce disputes at checkout. In the past, these are two completely independent data systems. In order to find the right video footage, the surveillance video must be retrieved manually. Therefore, collecting evidence around a transaction normally can take several hours, which is costly for the business.
Point of Sale (POS) integration, also known as POS Text Overlay, is uploading of transaction data to the video management system through the POS and encoding it with the video stream. This combination of retail transaction data with surveillance videos makes it easy to identify certain transactions to be reviewed for customer complaints, mainly used for post-retrieval when a transaction disputes occurs.
People-counting is very important to shopping centres. Retailers always want to know what footfall they are likely to expect, and larger chains use this information to decide whether or not to move in to the shopping centre at all.
At the Schalwijk Shopping Centre in Haarlem, the Netherlands, centre management was counting footfall by using the number of connections to the centre's Wi-Fi. But this was delivering inaccurate and limited data. People were still using the centre Wi-Fi from outside the mall, while many shoppers inside the mall were not using it at all.
To address this, the shopping centre decided to work with Hikvision, the world's leading supplier of innovative video surveillance products and solutions. The centre management team installed Hikvision Dual-lens DeepinView People Counting cameras (iDS-2CD6820F/C) at all the entrances to the shopping centre. The cameras feature deep learning technology, binocular stereo vision, 3D people detection and height filtering – all contributing to their amazing 97% accuracy rate.
As a result, the Schalwijk Shopping Centre now has highly accurate visitor numbers and flow information, which can maximise both customer experience and layout effectiveness.
Click here to read the full case study.
The intelligent, self-learning video solutions outlined above are designed to empower retailers with much of the insight they need to bring brick-and-mortar stores right up to date. Those that are willing to adopt these solutions will very rapidly see their value, and be able to reap the rewards of increased competitive edge.
Through accurate people-counting, quick identification of VIPs, optimal layout of goods and reduced waiting times, retailers can transform the shopping experience and enhance their sales strategy very quickly indeed. And thanks to the valuable customer insight that is generated on an ongoing basis, they will have the tools to create an in-store shopping experience that should only get better and better.
Hikvision intelligent video solutions empower retailers worldwide to transform their retail operations. To find out more about what Hikvision technology could do for your business, visit Hikvision Core Technology or contact overseasbusiness@hikvision.com.


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Drug lord's lover links him to Dominican Republic's opposition leader(Update)
Santo Domingo.- The suspicions that Puerto Rican kingpin Jose Figueroa Agosto had close ties with leading politicos and business leaders could materialize, with accounts by local media that Miguel Vargas Maldonado, president of Dominican Republic's major opposition party (PRD) received money from the convict.
PRD spokesman Wilfredo Alemany announced a statement to be issued by Vargas in the coming hours, in response to allegations by Figueroa's paramour Sobeida Felix, that her lover gave the former PRD presidential candidate US$300,000 and a SUV.
In her first deposition filed in March 2011, Felix said the Puerto Rican drug lord dined three times with Vargas in 2008, during his presidential campaign.
She said the first donation of money was during a private dinner at the home of Joani Fermin, in the gated community of Los Pinos, where in addition to the hostess and her husband, Paul Egan, were present Figueroa's wife, Leavy Nin Batista, Figueroa and herself.
She said that night Figueroa gave him US$100,000 in cash and $200,000 more and a Mitsubishi Montero SUV afterwards, during other dinners held at the Puerto Rican drug lord's home.
Alemany told diariolibre.com and elnuevodiario.com.do that he's awaiting Vargas' statement to release it to the media Sunday afternoon.
Figueroa is being held in New York on drug trafficking charges and a murder conviction.
More names
Felix also revealed that Figueroa gave thousands of dollars and expensive watches to retired Police major generals José Luis Domínguez Castillo and Luis Darío de la Cruz Consuegra, and to retired colonel Adolfo Sanchez Perez.


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Home / Inspiration / What is "Saturn Returns" & Why it Makes Entering Your 30's Feel Like You're Going Crazy
What is "Saturn Returns" & Why it Makes Entering Your 30's Feel Like You're Going Crazy
Have you heard of Saturn Returns? To sum it up, this will feel like an early life crisis as you turn 29 and head into your 30's. It comes around every 29 years or so and you'll feel it again as you approach 60. The more out of alignment with your highest possible path, the more you will feel it's effects.
Things just don't feel right. You sense that something is off which leaves you feeling anxious & like something is missing. You try to make it better by racing to the expected next step, by societal norms that is, only to find out once you get there, that you still are not satisfied.
I'm not gonna lie. If you're still reading this, there is a very high probability that you are going through or just went through "Saturn Returns" in your birth natal chart. This happens when you are around the age of 29 and 30 and you will continue to feel effects from it well into your 30's. It can be one rip-roaring hell of time! It's influence (returning to it's position when you were born) can really trigger you to question who you are, where you are going & is it the best path. It can cause a stir of unease (often labeled as anxiety or early life crisis).
This is the point in your life (like many do), that you can ignore that feeling and try to shrug it off. You know, brush it aside and just keep trudging along in the same autopilot cycles.
But for the brave and fierce lightworkers of this world, who are willing to question this off-feeling and dive a little deeper, a shift will start to take place. A deep desire to experience more out of life. A desire to feel peace, joy & happiness each day. To wake up and go to bed at night feeling calm & at ease. To no longer feel lost, raw or confused.
You see, Saturn Returning to our natal charts, as we enter our 30's, can leave us feeling like we just went through a washing machine and are now being left out to dry. Where do we go from here? How do we heal and step forward into a life of deep meaning and purpose life, the kind we have only dreamed of?
I am here to tell you with 100% certainty that there is a way.
I believe I have "cracked the code" so to speak on how to get there. I never believed my life could feel this way. I couldn't have even dreamt of the way it has turned out. The deep sense of fulfillment I feel being connected to my source (my Higher Self's calling) in my life is priceless. Nothing (no-thing) in the outside world can provide this same satisfaction to me.
I believe you can get here too by following a strategic sequence of steps offered in the EYL program and by literally raising your energy (vibration) to a new set point. That mixed with mega mindset shifts and changes in perspective will get the ball rolling and you will become the architect of your dream lifestyle. You will get connected and aligned to your deepest passions and purpose and once there, that is where you will feel true fulfillment.
Now my question for you is, what would you be willing to do in order to experience, within a short period of time (just 4 months), the desired life you have been craving & yearning for?
The one, where you walk through life with an unwavering sense of confidence & assurance that you are in alignment with your higher purpose & exactly where you should be. To have that inner voice of guilt replaced with a sense of calm & ease. A trust and knowing that you are on the fast track to an extraordinary life. The bonus? Not just liking yourself but finally LOVING & ACCEPTING YOURSELF, wholly, wildly and completely.
If these client testimonials sound like something you too would like to experience, I invite you to connect with me further through the new client application form here.
CLIENT TESTIMONIALS FROM ELEVATE YOUR LIFE
Feel free to check out more details of this life-changing program here!


That's what Republican candidate for President Tommy Thompson thinks every employer in America should be allowed to say. When asked if it would be OK for an employer to fire an employee solely because they were gay, Thompson gave a states-rights style argument--only he applied it to businesses. "That should be up to individual employers to decide."
The MSNBC moderator then followed up by asking, "So, you think it should be OK?" Thompson answered, "Yes."
Uh...whoops! I could've sworn we had a constitution that protected all Americans from discrimination. I guess that would not mean much during a Thompson Presidency.


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Lies spread faster online than the truth: study
Mar 22, 2018 Farm Living
Bunge's Argentine plants behind ADM bid
Mar 22, 2018 News
China hog prices plunge after barn boom
India not a guaranteed market for pulses
Mar 22, 2018 Crops
Price transparency promised
By Robert Arnason
Farm Living, News
In a paper published March 8 in the journal Science, researchers at the Massachusetts Institute of Technology found that untruths posted on Twitter spread more rapidly and reached many more people than true information. | Screencap via sciencemag.org
MIT research may explain why it can be hard to change people's minds on the safety of GM food and pesticides
As it turns out, there's a reason why some people believe that vaccines cause autism, exposure to glyphosate causes Alzheimer's disease and genetically modified food causes allergies.
The reason is that lies spread faster than truth, especially on social media.
In a paper published March 8 in the journal Science, researchers at the Massachusetts Institute of Technology found that untruths posted on Twitter spread more rapidly and reached many more people than true information.
"We found that falsehood diffuses significantly farther, faster, deeper and more broadly than the truth in all categories of information and in many cases by an order of magnitude," said Sinn Aral, a professor at the MIT Sloan School of Management and co-author of the paper.
Aral and his MIT colleagues studied how truth and lies spread online by looking at the diffusion of 126,000 true and false stories posted on Twitter from 2006-17.
They determined what was "true" and "false" using six independent fact checking organizations, including snopes.com and hoax-slayer.com.
False information on politics dominated the study, but the researchers also looked at false information in the areas of terrorism, business, science and entertainment.
"False news stories are 70 percent more likely to be retweeted than true stories are," said an MIT news release on the study.
"It also takes true stories about six times as long to reach 1,500 people as it does for false stories to reach the same number of people."
In addition to tracking the online dispersal of lies, the MIT researchers wanted to know why false information reach more people than truth.
They looked at the role of bots, or software that autonomously does things on social media such as re-tweeting and liking posts on Twitter. They found that bots play a minimal role in spreading lies. It's mostly humans who spread lies online.
"False news is more novel and people are more likely to share novel information," Aral said, adding people gain status on social media by posting new information, regardless if it's true or false.
"People who share novel information are seen as being in the know," Aral added.
The MIT study may explain why it's become so difficult to change people's minds when it comes to things like the safety of GM food and pesticides.
In the last five to seven years, communication experts have encouraged farmers and ag industry reps to use social media to educate the public on GM crops and other technologies used in modern agriculture.
Those efforts may have changed a few minds, but the MIT study suggests that false information about agriculture has more influence on Twitter and Facebook.
For instance, GM crops have been around for more than two decades, but the technology remains a polarizing issue.
Public polling in North America continues to show that only 40 to 50 percent of people believe that GM food is safe to eat.
Those numbers are incredibly low because the vast majority of scientists say GM food is safe.
A Pew research poll from 2015 that surveyed American scientists found that almost 90 percent of respondents said GM food is safe to eat.
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Yan Pascal Tortelier (* 19. April 1947 in Paris) ist ein international arbeitender französischer Violinist und Dirigent.

Leben
Tortelier ist der Sohn des französischen Cellisten Paul Tortelier. Nach seiner Ausbildung wurde er in den Jahren 1989 bis 1992 Dirigent am Ulster Orchestra, bevor er für elf Jahre bis 2003 Dirigent des BBC Philharmonic in Manchester wurde. Von 2005 bis 2008 war er Gastdirigent am Pittsburgh Symphony Orchestra. Seit 2009 war er der Dirigent des brasilianischen Orquestra Sinfônica do Estado de São Paulo (OSESP) und gleichzeitig Gastdirigent beim National Youth Orchestra of Great Britain. Seine Nachfolgerin in São Paulo war ab 2012 die amerikanische Dirigentin Marin Alsop. Von 2016 bis 2019 war er Chefdirigent des Isländischen Sinfonieorchesters. Seine Nachfolgerin in Reykjavik ist seit 2020 die finnische Dirigentin Eva Ollikainen.

Tortelier nahm die Cello-Konzerte von Camille Saint-Saëns und Arthur Honegger mit dem Cellisten Julian Lloyd Webber auf.

Weblinks

 Website Staats-Orchester Sao Paulo

Einzelnachweise

Geiger
Dirigent
Musiker (Frankreich)
Franzose
Geboren 1947
Mann

redpajama_set_name: RedPajamaWikipedia


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Defensive Back Kwantel Raines Leaving West Virginia
West Virginia sophomore safety Kwantel Raines intends to take his talent to another college.
Pittsburgh Sports Now is reporting that the former Aliquippa star has placed his name in the NCAA transfer portal with the intention of moving on to another football program.
The sophomore safety was recruited to West Virginia by former head coach Dana Holgorsen but hasn't been able to mesh with new head coach Neal Brown and the two sides aren't in agreement about his college position.
Raines (6'2″, 215) was recruited to West Virginia as a hybrid safety but Brown sees his future as a linebacker something Raines doesn't agree with.
On Monday, Brown said during his press conference that "Raines is trying to figure out what he wants to do. I haven't talked to him."
Playing time this season for Raines has been very limited as he's collected six tackles and one forced fumble in six games played.
The former 4-star recruit from Aliquippa is currently a redshirt freshman and would have to sit out next season and have two seasons of eligibility remaining at his next school.
The question now is where will Raines look to resume his college career? Keep in mind that his main recruiter to West Virginia was former defensive coordinator Tony Gibson, who's now with NC State. Also, Pat Narduzzi and Rob Harley both recruited Raines very hard and the Panthers were the runner-up to West Virginia.
Related Topics:featureKwantel RainesWest Virginia Football
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Former WVU Safety Kwantel Raines Transfers to Temple


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Valk working to make most of invitation
Curtis Valk is another former member of the Medicine Hat Tigers to with connections to the Vancouver Canucks.
When the Canucks drafted Tigers' forward Hunter Shinkaruk with the 24th selection in the 2013 NHL draft, it seems to have started a trend.
At the time Shinkaruk was selected, Mike Gillis was entering his sixth season as Vancouver's president and general manager. But after the Canucks weren't able to exceed expectations and missed the playoffs, he, head coach John Tortorella and associate coach Mike Sullivan, all were relieved of their duties.
At the same time, the relationship between the Canucks and their fans was clearly damaged.
So, it was time to add someone who had a strong connection with the team and someone whom the Vancouver faithful had trust in to turn the franchise around.
That person is Trevor Linden.
He had spent three seasons with the Tigers, and another 16 with the Canucks. Throughout his time with Vancouver, he had become one of the most respected sports figures the city has ever had.
While the relationship with the fans may take a while to get back to where it was, filling the presidential position was complete.
The Canucks still needed a general manager, though.
They officially announced the hiring of Jim Benning on May 21. He had spent seven seasons with the Boston Bruins as their assistant general manager.
No, he didn't have any previous history with the Tigers.
What he did have, though, was a connection with Linden. The two played for the Canucks in 1988-89 and 1989-90.
With the vacancies in the Canucks' management filled, they still had to do the same with their coaching staff.
Vancouver named Willie Desjardins as its head coach on June 23.
It had to be patient in order to be granted an interview with the 57-year-old, as he was the head coach of the AHL's Texas Stars, who battled all the way to the Calder Cup final. They went up against the St. John's IceDogs in a best-of-seven series, and defeated them in five games to win the championship.
After Desjardins was named the head coach of the Canucks, he decided to bring Doug Lidster, one of his assistant coaches in Texas, to Vancouver in the same role.
It just happens that, prior to running the same bench in Texas, the duo coached together with the Tigers in 2002-03. Desjardins would spend seven more seasons with the team, while Lidster took a promotion and became the head coach of the OHL's Saginaw Spirit the following season.
With such a strong presence in the Canucks organization that had a track record with Medicine Hat, it didn't come as much of a surprise when they invited Valk to their development camp in July.
He was in his last season with the Tigers in 2013-14 and ended up with 92 points, including 45 goals.
Earlier, Valk dressed for four games with Medicine Hat in Desjardins' last season with the Tigers in 2009-10.
For the 21-year-old, earning an invite from Vancouver meant that he would be on the Canucks' roster for the annual Young Stars tournament in Penticton, B.C.
This was an opportunity for the Canucks to allow media, and management to see how their prospects compete with the futures of the Calgary Flames, Edmonton Oilers and Winnipeg Jets.
"You train all summer, you train hard," Desjardins told the prospects prior to playing the Edmonton Oilers in the tournament opener for both teams on Friday. "You got to be excited about getting to play to see where you are at. Especially as a coach, you always wonder how guys have (improved) over the summer. You can make a difference in your summer training in terms of where you are at.
"So I think for the guys that are here, you can make a name and spot for yourself, and maybe get yourself on a different line or whatever. I encourage you to go hard. A couple things that the organization is about is pretty simple. We're about winning, and we're about playing hard. Winning will take care of itself if you play hard so just focus on playing hard. Good luck at the tournament and I look forward to watching you."
Valk, a 21-year-old Medicine Hat native, took Desjardins' words to heart.
He scored two goals, as the Canucks lost 4-3 in overtime.
"It was a good game for myself," Valk stated. "I think there is still room for improvement, though. I think for myself and the team, we got off to a little bit of s slow start and it seemed to cost us in this one."
Some observers may consider the Young Stars tournament as an opportunity to simply get back into game action.
Not Valk.
"I think it's just a huge opportunity to make an impression," he said. "I think that my job here in Penticton is to prove that I deserve to play at this level and I am just going to try to do that."
Labels: Curtis Valk, Dickson Liong, Vancouver Canucks, Willie Desjardins