text:
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The Delaware Supreme Court clarifies the standards for director oversight liability under Caremark
Gerard G. Pecht
Kevin J. Harnisch
Seth M. Kruglak
Mark Thomas Oakes
Peter A. Stokes
Ryan Meltzer
Publication | June 2019
Claims of disloyalty for a director's bad-faith failure to oversee the company's operations—so-called Caremark claims1—have long been characterized as among "the most difficult theor[ies] in corporation law" on which to found judgment.2 This week, in Marchand v. Barnhill3, the Delaware Supreme Court took the rare step of reviving a dismissed Caremark claim, shedding important light on the contours of the duties of oversight borne by the directors of a Delaware corporation. While reiterating that Caremark "is a tough standard" that imposes an "onerous pleading burden" on a shareholder plaintiff, the Court made clear that Caremark "ha[s] a bottom-line requirement": "the board must make a good faith effort—i.e., try—to put in place a reasonable board-level system of monitoring and reporting."4 As a result, when the well-pleaded facts of a complaint "support[] an inference that no system of board-level compliance monitoring and reporting existed," particularly in relation to "the corporation's central compliance risks," a Caremark claim will survive dismissal.5
The case arose from the 2015 listeria outbreak at Blue Bell Creameries USA, Inc. ("Blue Bell"), one of the nation's largest ice cream manufacturers.6 Following a recall of all Blue Bell products and a wave of layoffs at the company, Blue Bell suffered a liquidity crisis that forced it to accept a dilutive private equity investment.7 A Blue Bell shareholder then brought a derivative suit against Blue Bell's directors and two key executives, charging that the directors had breached their duty of loyalty under Caremark and that the executives had breached their duties of care and loyalty by purportedly ignoring contamination risks and failing to oversee the safety of the company's operations.8
The complaint alleged a pattern of unheeded food-safety warnings at Blue Bell's plants beginning in 2009, coupled with the absence of any systems to monitor compliance and ensure that deficiencies were reported to the board.9 According to the complaint, from 2009 to 2013, state and federal regulators found various compliance failures at Blue Bell's facilities, and third-party laboratories reported several positive tests for listeria in Blue Bell product samples.10 "Despite management's knowledge of the growing problem," the complaint contended, "this information never made its way to the board, and the board continued to be uninformed about (and thus unaware of) the problem," as evidenced in part by the lack of discussion recorded in board minutes.11 Drawing all inferences in the plaintiff's favor, the complaint "fairly pled" that (1) "Blue Bell had no board committee charged with monitoring food safety"; (2) "Blue Bell's full board did not have a process where a portion of the board's meetings each year . . . were specifically devoted to food safety compliance"; and (3) Blue Bell's board "did not have a protocol requiring or have any expectation that management would deliver key food safety compliance reports or summaries of these reports to the board on a consistent and mandatory basis."12 In other words, "the complaint plead[ed] that the Blue Bell board had made no effort at all to implement a board-level system of mandatory reporting of any kind."13 Compounding matters, the complaint charged that the Blue Bell board had no discussion at all about listeria until the company was forced to initiate a limited recall—and even then, the board "left the company's response to management."14 The complaint further alleged that by the time the outbreak was contained, Blue Bell had ordered a complete recall of its products, several customers had fallen ill or died, and the company faced a liquidity crisis.15 All of this, the complaint stressed, "despite the critical nature of food safety for Blue Bell's continued success."16
The Delaware Court of Chancery dismissed the complaint in full, reasoning that pre-suit demand was not excused as futile on either of the plaintiff's claims.17 With respect to the fiduciary duty claims against the executives, the court held that the plaintiff had failed to plead particularized facts casting a reasonable doubt on the ability of a majority of Blue Bell's directors to impartially consider a demand.18 With respect to the Caremark claim, the court found that the complaint and documents incorporated by reference therein demonstrated that Blue Bell had complied with FDA regulations and had submitted to ongoing third-party monitoring for contamination, and its board received regular reports from management on operations generally.19 This, the court held, established the existence of a monitoring system at Blue Bell, such that the plaintiff's challenge was only to "the effectiveness of monitoring and reporting controls in particular instances"—a theory that cannot support a Caremark claim.20
The Delaware Supreme Court, sitting en banc, unanimously reversed the Chancery Court's decision.21 Although the Court underscored the difficulty of pleading—and ultimately proving—a Caremark claim, it concluded that the particularized facts set out in the complaint crossed that critical threshold.22
The Court began by focusing its inquiry on the nature of the plaintiff's Caremark claim. "[D]irectors have great discretion to design context- and industry-specific approaches tailored to their companies' businesses and resources," the Court observed, "[b]ut Caremark does have a bottom-line requirement that is important: the board must make a good faith effort—i.e., try—to put in place a reasonable board-level system of monitoring and reporting."23 Where a plaintiff is unable to plead that the board failed to make that requisite good faith effort, no Caremark claim will lie even though illegal or harmful activities may have escaped detection.24 The court's focus, therefore, is on whether the complaint permits the inference that the board "made no effort to put in place a board-level compliance system," rather than on whether the complaint casts doubt on the effectiveness of the board's compliance and reporting system after the fact.25
Applying these standards, the Court held that the complaint stated a Caremark claim because it "support[ed] an inference that no system of board-level compliance monitoring and reporting existed at Blue Bell."26 The Court reasoned that although Blue Bell is a monoline company that could thrive only if consumers were confident in the safety of its ice cream, the complaint alleged no protocol for the board to be advised of food safety reports and developments and provided particularized facts supporting an inference that material information concerning food safety issues were not reported to the board. Specifically, the Court relied on seven factual allegations in support of this conclusion: before the listeria outbreak, (1) no board committee addressing food safety existed; (2) no regular processes requiring management to advise the board of food safety compliance practices or risks existed; (3) no schedule for the board to consider key food safety risks on a regular basis existed; (4) management received reports containing potential yellow or red flags of health safety risks and positive listeria tests identified by regulators and third-party laboratories that evidently were not disclosed to the board; (5) the board received information about food safety from management that was incomplete and misleading by omission; and (6) there was apparently no regular board discussion of food safety issues; and, after the listeria outbreak, (7) the FDA "discovered a number of systematic deficiencies in all of Blue Bell's plants . . . that might have been rectified had any reasonable reporting system that required management to relay food safety information to the board on an ongoing basis been in place."27 As the Court succinctly explained, "[w]hen a plaintiff can plead an inference that a board has undertaken no efforts to make sure it is informed of a critical compliance issue intrinsically critical to the company's business operation, then that supports an inference that the board has not made the good faith effort that Caremark requires."28
The Court quickly dispatched with Blue Bell's remaining arguments. With respect to Blue Bell's defense that it met FDA and state regulatory requirements for food safety and maintained employee manuals detailing safety practices, the Court distinguished between "these types of routine regulatory requirements," which "are not typically directed at the board," and the duty Delaware law imposes on directors to oversee the company's operations in good faith: "The mundane reality that Blue Bell is in a highly regulated industry and complied with some of the applicable regulations does not foreclose any pleading-stage inference that the directors' lack of attentiveness rose to the level of bad faith indifference required to state a Caremark claim."29 Likewise, the Court rebuffed Blue Bell's invocation of management's "regular[] report[s]" to the board on "operational issues," declaring that "Caremark would be a chimera" if Blue Bell's argument were accepted.30 "At every board meeting of any company, it is likely that management will touch on some operational issue," and "[a]lthough Caremark may not require as much as some commentators wish, it does require that a board make a good faith effort to put in place a reasonable system of monitoring and reporting about the corporation's central compliance risks."31 Indeed, Caremark claims typically fail because the plaintiff "must concede the existence of board-level systems of monitoring and oversight"—the very systems allegedly missing at Blue Bell.32
Marchand is a noteworthy decision, both because it illustrates the outer bounds of directors' oversight duties and because it represents a rare instance of prospective Caremark liability. Lessons include:
Caremark remains one of the hardest theories of recovery under Delaware law
The Delaware Supreme Court repeatedly went out of its way to emphasize the difficulty of stating a Caremark claim. The Court cited, with approval, previous decisions of the Supreme Court and the Court of Chancery describing Caremark claims as "possibly the most difficult theory in corporation law upon which a plaintiff might hope to win a judgment."33 It also cited at least five decisions dismissing Caremark claims despite allegations of serious undetected misconduct resulting in substantial harm to the company.34
Caremark claims turn chiefly on the existence of monitoring and reporting systems, not their efficacy
Blue Bell's directors could be liable under Caremark because the well-pleaded facts in the complaint permitted the reasonable inference that the company made no effort to implement a board-level compliance system directed at the company's central compliance risk. The Court made clear that, where appropriate board-level oversight systems exist, Caremark claims generally fail.
Even still, it is not enough merely to establish monitoring and reporting systems
Of course, Marchand is not a blank check for directors to escape liability by relying on the existence of generalized oversight systems alone. Those systems still must be implemented in good faith, must be governed by appropriate procedures, and must be tailored to the company's business and its core compliance risks.
Directors should identify the central compliance risks facing their company and ensure that their monitoring and reporting systems address those risks
The Court did not hide its displeasure with Blue Bell's alleged failure to monitor food safety in a methodical way and ensure that food safety-related issues were communicated to the board, given that whether the only product it makes, ice cream, is safe to eat has to be one of the most central issues at the company. Given that the risk factors listed in a public company's Form 10-K generally represent the company's core areas of concern, directors should review their company's recent Forms 10-K and evaluate whether the company has adequate board-level oversight mechanisms in place to address relevant risk factors. The specific deficiencies at Blue Bell listed by the Court serve as a helpful guide to the minimum best practices under Delaware law: a board should consider (1) dedicating a committee to its main compliance risks; (2) establishing protocols requiring management to keep it apprised of compliance practices, risks, and reports; (3) setting a schedule to assess its main compliance risks on a regular basis; (4) formulating procedures for the communication of red or yellow flags to the board and memorializing the associated discussions in board minutes; and (5) arranging for and documenting regular discussions of compliance risks at board meetings.
A special thanks to compliance lawyer Elisabeth Sinclair, who works directly under the supervision of Seth M. Kruglak, for her assistance in preparing this text.
1 In re Caremark Int'l Inc. Derivative Litig., 698 A.2d 959 (Del. Ch. 1996).
2 Stone v. Ritter, 911 A.2d 362, 372 (Del. 2006).
3 Marchand v. Barnhill, No. 533, 2018, --- A.3d ---- (Del. June 18, 2019).
4 Id., slip op. at 30–31, 33, 37.
5 Id. at 33, 36 (emphasis added).
6 Id. at 1.
7 Id.
10 Id. 9–11.
11 Id. at 12.
14 Id. at 14–15.
15 Id. at 16, 18.
16 Id. at 8.
17 Marchand v. Barnhill, 2018 WL 4657159, at *1–2 (Del. Ch. Sept. 27, 2018).
18 Id. at *2.
19 Id. at *17.
21 Marchand, --- A.3d at ----, slip op. at 3.
22 Id. at 29, 33, 37.
24 Id. at 31 & n.105 (citing cases).
31 Id. (footnote omitted).
33 Id. at 29 n.99.
34 Id. at 31 n.105, 35 n.112.
Practice area:
Securities litigation, regulation and enforcement
Enhancing the "carrot": DOJ changes compliance program policy
Publication | July 2019
Global asset management quarterly
Welcome to the twelfth edition of Global asset management quarterly.
Publication | July 15, 2019
Good opportunities despite inherent difficulties
Smaller acquisitions are, and should continue to be, the bread and butter of many private equity sponsors.
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text:
Trending > Neuroscience
MAR 25, 2015 10:35 AM PDT
Air Pollution Has Disruptive Effect on Early Brain Development
WRITTEN BY: Will Hector
A mother's exposure to common air pollution-the type emitted from car exhaust, coal burning, and even charred foods-has been strongly linked with reductions in nearly the entire white matter surface of the left hemisphere.
The loss, according to a study being published online today by JAMA Psychiatry, is associated with slower processing of information during intelligence testing and more severe behavioral problems, including ADHD and aggression, as reported by Science Daily.
According to a story in Science Daily, researchers at the Institute for the Developing Mind at Children's Hospital Los Angeles (CHLA) and colleagues at Columbia University's Center for Children's Environmental Health have found a powerful relationship between prenatal PAH exposure and disturbances in parts of the brain that support information processing and behavioral control. Their study followed 40 children from before birth until 7 to 9 years of age as part of the Center's large community-based cohort.
Neurotoxic PAH (polycyclic aromatic hydrocarbons) are ubiquitous in the environment, in the home and in the workplace. Emissions from motor vehicles, oil and coal burning for home heating or power generation, wildfires and agricultural burning, hazardous waste sites, tobacco smoke and charred foods are all sources of exposure. PAH readily crosses the placenta and affects an unborn child's brain; earlier animal studies showed that prenatal exposure impaired the development of behavior, learning and memory.
Scientists led by Bradley S. Peterson, MD, director of the Institute for the Developing Mind at The Saban Research Institute of CHLA, along with Virginia Rauh, ScD, and Frederica Perera, DrPH, PhD, from Columbia University's Mailman School of Public Health, conducted a study of minority youth to test the effects on brain structure of PAH exposure during the final trimester of pregnancy. They used magnetic resonance imaging (MRI) to measure the brains of 40 children from a cohort of more than 600 mother-baby pairs from minority communities in New York City. The Columbia researchers had previously reported that exposure to airborne PAH during gestation in this cohort was associated with multiple neurodevelopmental disturbances, including development delay by age 3, reduced verbal IQ at age 5, and symptoms of anxiety and depression at age 7.
"This is the largest MRI study to date of how early life exposure to air pollutants, specifically PAH, affect the developing mind," said Peterson, who is also a professor of pediatrics and psychiatry at Keck School of Medicine of the University of Southern California. "Our findings suggest that PAH are contributors to ADHD and other behavioral problems due to the pollutants' disruptive effects on early brain development."
Postnatal PAH exposure-measured at age 5-was found to contribute to additional disturbances in development of white matter in the dorsal prefrontal region of the brain, which is associated with concentration, reasoning, judgment, and problem-solving ability.
Peterson explained that the morphological features associated with ADHD symptoms in this community sample differed from those previously reported in youth with the disorder, suggesting that exposure to high levels of PAH may produce a specific subtype of ADHD.
Peterson explained that the study's findings were limited to a minority population with a high level of poverty and low educational attainment, and may therefore not generalize to other populations, although impoverished urban minority populations are disproportionately exposed to air pollutants. While this initial study size was also limited, the researchers are currently undertaking a much larger study in order to confirm and extend their findings.
"Our findings raise important concerns about the effects of air pollutants on brain development in children, and the consequences of those brain effects on cognition and behavior," says Peterson. "If confirmed, our findings have important public health implications, given the ubiquity of PAH in air pollutants in the general population."
(Source: Science Daily)
Will Hector
Will Hector practices psychotherapy at Heart in Balance Counseling Center in Oakland, California. He has substantial training in Attachment Theory, Hakomi Body-Centered Psychotherapy, Psycho-Physical Therapy, and Formative Psychology. To learn more about his practice, click here: http://www.heartinbalancetherapy.com/will-hector.html
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redpajama_set_name: RedPajamaCommonCrawl


Jul. 19, 2018 4:00 p.m.
Councillor Carol Henderson is resigning her seat at the Ladysmith city council table at the end of the month, the town announced Thursday afternoon.
Henderson was elected to council in the November 2014 local government elections and is stepping down for "personal reasons" and "other demands on her availability" that would make her unable to carry out her duties through the end of the term in October.
"On behalf of council and staff, I would like to thank Councillor Henderson for her service and dedication to our community, and extend my best wishes to her," said Mayor Aaron Stone.
Henderson was a member of the Municipal Services Committee, Invasive Species Advisory Committee, Ladysmith Community Justice Program, Ladysmith Early Years Partnership, Social Planning Cowichan Affordable Housing Directorate and an alternate on the Vancouver Island Regional Library board and CVRD Community Safety Advisory Commission.
Under the BC Local Government Act, a by-election to fill a vacant council seat does not need to be held if the vacancy occurs after June 1 in the year of a general local election.
Council will decide at an upcoming meeting whether to hold a by-election, given that the next local election is taking place on October 20 this year.


text:
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/*global define */

define(function (require, exports, module) {

    "use strict";

    // Registry for languages that have specific per-language URLs or file paths that we use
    // elsewhere in Brackets.
    //
    // TODO: dynamically populate the local prefix list below?
    module.exports = {
        root: true,
        "cs": true,
        "de": true,
        "es": true,
		"fa-ir": true,
        "fi": true,
        "fr": true,
        "it": true,
        "ja": true,
        "ko": true,
        "nb": true,
        "pl": true,
        "pt-br": true,
        "pt-pt": true,
        "ru": true,
        "sv": true,
        "zh-cn": true,
        "tr": true
    };
});

redpajama_set_name: RedPajamaGithub


Great hotel with friendly staff and good food!
Nestled in Santa Eulalia, Invisa Hotel La Cala is an adult-only hotel perfect for couples. It is situated in the heart of Santa Eulalia and at a stone's throw away from the marina and sandy beach. It is at a walking distance from Congress Palace of Ibiza whereas the lively town of Ibiza is just 14 km away.
This 4-star property offers a unique blend of warm hospitality and modern facilities such as luggage assistance, baggage storage, airport transfers, laundry service, dry cleaning, and a concierge with friendly staff. The Lounge Bar La Cala of this hotel features cozy lounge chairs, sofa, live music, and a selection of refreshing cocktails. To offer you moments of pure relaxation, there is a wellness centre with spa, sauna, Turkish bath, and a Jacuzzi. Take a deep tissue massage, foot reflexology, or a mineral facial to spoil you for good. For an exhausting workout session, head to the fitness centre offering state-of-the-art facilities.
The on-site restaurant arranges a delectable breakfast every morning that includes a number of English and international items. This a la carte restaurant is famous for Ibizan dishes served in a warm ambiance. You can also enjoy show cooking in the evenings and theme nights organized by the staff.
Stay comfortably in one of the 180 cozy rooms of this hotel categorized as Single Room, Twin Room, Double Standard Room, Superior Double Room, Pool View Room, and Suite. All of them are air-conditioned with manual temperature controls. They feature spacious bed, feather-soft pillows, tea/coffee machine, walk-in shower, iron and ironing board, wake-up service, satellite TV with local and international channels, writing desk, refrigerator, clothes rack, soundproofing, and a modern en-suite bathroom with towels, hairdryer, and premium toiletries.
Arrived in the evening and began by searching for the car park. There isn't one, just a few spaces on the street next to the hotel! Luckily there's a car park a few minutes walk so no big problems. Welcomed by smily staff with a fruit drink, which was a nice touch. Room was comfortable, good shower and firm beds. We had half board and the food was fine. Not outstanding or particularly adventurous but perfectly edible. We wouldn't get near the pool til teatime as its a small pool for the size of the hotel so we went to various beaches instead. All in all for the price it's a good value hotel and close to all amenities.
The hotel is in a central position in well located for the town, beach and bus deopot. The food is very varied and has something to offer everyone. Staff are always polite and courteous. Would recommend for people over 60 years old.
La Cala is a very good hotel close to the centre of the town of Santa Eulalia but equally no more than a couple of hundred yards from the sea. It is very well organized, clean, friendly, spacious, with excellent food. It has almost all facilities - and best of all it's not too big. You are a person, not a number. It's location is ideal and the resort of Santa Eulalia is an excellent base to explore the island from (and do explore the island - don't just sit by the pool). As others have remarked the clientele on the east side of the island (where Santa Eulalia is) have probably 30 years or more "experience" than those who head for the clubbing resort of San Antonio on the west side (though that's not to say I might not fancy being aged 25 again!). Anyhow, La Cala is an excellent hotel, in an excellent resort, in an excellent island (we were impressed by Ibiza - neither of us had been there before). The only potential warning is that the hotel is centrally located and there can be some noise from other hotels and vehicles if you have an outer facing room. Might be worth packing the earplugs just in case.
Great hotel, a real gem!
Spotlessly clean, staff all so friendly and genuinely helpful. The food was lovely, drinks and Juan the barman were great.
This Hotel was excellent and the staff on reception were very friendly and helpful. The food was excellent for both breakfast and dinner and the Hotel was spotless. The only drawback were the wifi which was slow and cost €20 per week and the rooms were outdated with firm twin beds. But overall the Hotel was excellent.


text:
import datetime
import os
import subprocess
import unittest

import apel.db.apeldb
import apel.db.records

if os.name == 'nt':
    os.environ['PATH'] += ';C:/Program Files/MySQL/MySQL Server 5.1/bin/'

class MysqlTest(unittest.TestCase):
    # These test cases require a local MySQL db server with no password on root
    def setUp(self):
        query = ('DROP DATABASE IF EXISTS apel_unittest;'
                 'CREATE DATABASE apel_unittest;')
        subprocess.call(['mysql', '-u', 'root', '-e', query])

        schema_path = os.path.abspath(os.path.join('..', 'schemas',
                                                   'server.sql'))
        schema_handle = open(schema_path)
        subprocess.call(['mysql', '-u', 'root', 'apel_unittest'], stdin=schema_handle)
        schema_handle.close()

        self.db = apel.db.apeldb.ApelDb('mysql', 'localhost', 3306, 'root', '',
                                        'apel_unittest')

    # This method seems to run really slowly on Travis CI
    #def tearDown(self):
    #    query = "DROP DATABASE apel_unittest;"
    #    subprocess.call(['mysql', '-u', 'root', '-e', query])

    def test_test_connection(self):
        """Basic check that test_connection works without error."""
        self.db.test_connection()

    def test_bad_connection(self):
        """Check that initialising ApelDb fails if a bad password is used."""
        self.assertRaises(apel.db.apeldb.ApelDbException, apel.db.apeldb.ApelDb,
                          'mysql', 'localhost', 3306, 'root', 'badpassword',
                          'apel_badtest')

    def test_lost_connection(self):
        """
        Check that a lost connection to the db raises an exception.

        Simulate the lost connection by changing the host.
        """
        self.db._db_host = 'badhost'
        self.assertRaises(apel.db.apeldb.ApelDbException,
                          self.db.test_connection)

    def test_bad_loads(self):
        """Check that empty loads return None and bad types raise exception."""
        self.assertTrue(self.db.load_records([], source='testDN') is None)
        self.assertRaises(apel.db.apeldb.ApelDbException,
                          self.db.load_records, [1234], source='testDN')

    def test_load_and_get_job(self):
        job = apel.db.records.job.JobRecord()
        job._record_content = {'Site': 'testSite', 'LocalJobId': 'testJob',
                               'SubmitHost': 'testHost',
                               'WallDuration': 10, 'CpuDuration': 10,
                               'StartTime': datetime.datetime.fromtimestamp(123456),
                               'EndTime': datetime.datetime.fromtimestamp(654321),
                               'ServiceLevelType': 'HEPSPEC',
                               'ServiceLevel': 3}
        items_in = job._record_content.items()
        record_list = [job]
        # load_records changes the 'job' job record as it calls _check_fields
        # which adds placeholders to empty fields
        self.db.load_records(record_list, source='testDN')

        records_out = self.db.get_records(apel.db.records.job.JobRecord)
        items_out = list(records_out)[0][0]._record_content.items()
        # Check that items_in is a subset of items_out
        # Can't use 'all()' rather than comparing the length as Python 2.4
        self.assertEqual([item in items_out for item in items_in].count(True), len(items_in))

    def test_load_and_get_cloud(self):
        '''
        Test a CloudV0.2/0.4 message can be loaded into the database.

        It currently can't test for pre/post database load equality
        as the two are currently not the same for V0.2.
        i.e Benchmark 'None', which gets set to 0.0
        '''
        schema_path = os.path.abspath(os.path.join('..', 'schemas',
                                                   'cloud.sql'))
        schema_handle = open(schema_path)
        subprocess.call(['mysql', '-u', 'root', 'apel_unittest'],
                        stdin=schema_handle)
        schema_handle.close()

        # loading messages like this does indirectly test
        # the load_from_msg() code, but it also ensures
        # we this test checks we can load a message,
        # and not just what we think the message
        # looks like as a python dictionary
        cloud2 = apel.db.records.cloud.CloudRecord()
        cloud2.load_from_msg(CLOUD2)

        cloud4 = apel.db.records.cloud.CloudRecord()
        cloud4.load_from_msg(CLOUD4)

        # Test a BenchmarkType/Benchmark - less Cloud v0.4 Record
        cloud4_nb = apel.db.records.cloud.CloudRecord()
        cloud4_nb.load_from_msg(CLOUD4_NULL_BENCHMARKS)

        # Test a Cloud V0.4 Record with mising fields
        cloud4_mf = apel.db.records.cloud.CloudRecord()
        cloud4_mf.load_from_msg(CLOUD4_MISSING_FIELDS)

        items_in = cloud2._record_content.items()
        items_in += cloud4._record_content.items()
        items_in += cloud4_nb._record_content.items()
        items_in += cloud4_mf._record_content.items()

        record_list = [cloud2, cloud4, cloud4_nb, cloud4_mf]

        # load_records changes the 'cloud' cloud record as it calls _check_fields
        # which adds placeholders to empty fields
        try:
            self.db.load_records(record_list, source='testDN')
        except apel.db.apeldb.ApelDbException as err:
            self.fail(err.message)

        # this code block would check for equality between the message passed
        # to the database and the message retrieved from the database.
        # but at the moment they are fundementally unequal, for example
        # a cloud 0.2 message has Benchmark 'None', which gets saved to 0.0
        # in the database

        # records_out = self.db.get_records(apel.db.records.cloud.CloudRecord)
        # # record_out_list is a list of lists, i.e. [[record0.2],[[record0.4]]
        # record_out_list = list(records_out)
        # items_out = []
        # for record in record_out_list[0]:
        #     items_out += record._record_content.items()
        # Check that items_in is a subset of items_out
        # Can't use 'all()' rather than comparing the length as Python 2.4
        # self.assertEqual([item in items_out for item in items_in].count(True),
        #                   len(items_in))

    def test_mixed_load(self):
        """
        Check that loader fails gracefully if passed mixed types in record list.
        """
        job = apel.db.records.job.JobRecord()
        job._record_content = {'Site': 'testSite', 'LocalJobId': 'testJob',
                               'SubmitHost': 'testHost',
                               'WallDuration': 10, 'CpuDuration': 10,
                               'StartTime': datetime.datetime.fromtimestamp(123456),
                               'EndTime': datetime.datetime.fromtimestamp(654321),
                               'ServiceLevelType': 'HEPSPEC',
                               'ServiceLevel': 3}
        summary = apel.db.records.SummaryRecord()
        summary._record_content = {'Site': 'testSite', 'Month': 1,
                                   'Year': 2016, 'WallDuration': 2000,
                                   'CpuDuration': 1000, 'NumberOfJobs': 3}
        record_list = [job, summary]

        self.assertRaises(apel.db.apeldb.ApelDbException,
                          self.db.load_records, record_list, source='testDN')

    def test_mixed_storage_records(self):
        """
        Check that the loader will accept mixed types in one case.

        The loader should work when passed mixed record types if they are
        Storage and GroupAttribute records.
        """
        schema_path = os.path.abspath(os.path.join('..', 'schemas',
                                                   'storage.sql'))
        schema_handle = open(schema_path)
        subprocess.call(['mysql', '-u', 'root', 'apel_unittest'],
                        stdin=schema_handle)
        schema_handle.close()

        storage_rec = apel.db.records.StorageRecord()
        storage_rec._record_content = {
            'RecordId': 'c698',
            'CreateTime': datetime.datetime.fromtimestamp(654321),
            'StorageSystem': 'test-sys.ac.uk',
            'StartTime': datetime.datetime.fromtimestamp(123456),
            'EndTime': datetime.datetime.fromtimestamp(654321),
            'ResourceCapacityUsed': '10'
        }

        grpattr_rec = apel.db.records.GroupAttributeRecord()
        grpattr_rec._record_content = {
            'StarRecordID': 'c698',
            'AttributeType': 'authority',
            'AttributeValue': '/O=Grid/OU=example.org/CN=Joe Bloggs'
        }

        record_list = [storage_rec, grpattr_rec]

        # Try loading both with and without a source set. Both record types
        # should ignore that field.
        self.db.load_records(record_list, source='testDN')
        self.db.load_records(record_list)

    def test_last_update(self):
        """
        Check that the LastUpdated table can be set and queried.

        It should not be set initially, so should return None, then should
        return a time after being set.
        """
        self.assertTrue(self.db.get_last_updated() is None)
        self.assertTrue(self.db.set_updated())
        self.assertTrue(type(self.db.get_last_updated()) is datetime.datetime)

CLOUD2 = '''VMUUID: 12345 Site1 vm-1
SiteName: Site1
MachineName: '1'
LocalUserId: 1
LocalGroupId: 1
GlobalUserName: NULL
FQAN: NULL
Status: completed
StartTime: 1318842264
EndTime: 1318849976
SuspendDuration: NULL
WallDuration: NULL
CpuDuration: NULL
CpuCount: 1
NetworkType: NULL
NetworkInbound: 0
NetworkOutbound: 0
Memory: 512
Disk: NULL
StorageRecordId: NULL
ImageId: 1
CloudType: Cloud Technology 1
'''

CLOUD4 = '''VMUUID: 12345 Site2 Accounting Test
SiteName: Site2
CloudComputeService: Cloud Technology 2 Instance 1
MachineName: Accounting Test
LocalUserId: 1
LocalGroupId: 1
GlobalUserName: /DC=XX/DC=XX/O=XX/CN=XX
FQAN: /ops/Role=NULL/Capability=NULL
Status: started
StartTime: 1343362725
EndTime: NULL
SuspendDuration: NULL
WallDuration: 1582876
CpuDuration: 437
CpuCount: 1
NetworkType: NULL
NetworkInbound: NULL
NetworkOutbound: NULL
PublicIPCount: 1
Memory: 512
Disk: 0
BenchmarkType: Si2k
Benchmark: 200
StorageRecordId: NULL
ImageId: 1
CloudType: Cloud Technology 2
'''

# A Cloud V0.4 Record, but with NULL Benchmark / BenchmarkType fields
CLOUD4_NULL_BENCHMARKS = '''VMUUID: 12346 Site2 Accounting Test
SiteName: Site2
CloudComputeService: Cloud Technology 2 Instance 1
MachineName: Accounting Test 2
LocalUserId: 1
LocalGroupId: 1
GlobalUserName: /DC=XX/DC=XX/O=XX/CN=XX
FQAN: /ops/Role=NULL/Capability=NULL
Status: started
StartTime: 1343362825
EndTime: NULL
SuspendDuration: NULL
WallDuration: 1583876
CpuDuration: 438
CpuCount: 1
NetworkType: NULL
NetworkInbound: NULL
NetworkOutbound: NULL
PublicIPCount: 1
Memory: 512
Disk: 0
BenchmarkType: NULL
Benchmark: NULL
StorageRecordId: NULL
ImageId: 1
CloudType: Cloud Technology 2
'''

# A Cloud V0.4 Record, but missing a lot of fields.
# We need to check we can load this record as we receive
# messages with records like this and currently
# load them.
CLOUD4_MISSING_FIELDS = '''
BenchmarkType: HEPSPEC06
Status: completed
SiteName: Test Site
MachineName: Test Machine
ImageId: Test Image ID
LocalUserId: Test Local User ID
FQAN: NULL
LocalGroupId: Test Local Group ID
VMUUID: Test VM ID
CloudType: caso/0.3.4 (OpenStack)
GlobalUserName: Test User
CloudComputeService: Test Service
'''

if __name__ == '__main__':
    unittest.main()


text:
Lutzsimulium är ett släkte av tvåvingar. Lutzsimulium ingår i familjen knott.

Kladogram enligt Catalogue of Life:

Källor

Knott
Lutzsimulium

redpajama_set_name: RedPajamaWikipedia


text:
Contemplative & Inspired Piano
Pianist/composer Geri Allen grew up in Detroit, Michigan, the daughter of a public school teacher and principal. Her new recording, "Grand River Crossings" (Motema), is dedicated to the music and artists of her hometown. Not only does she perform works associated with Berry Gordy's Motown and Tamla labels but also includes a striking rendition of Paul McCartney's "Let It Be" influenced by Aretha Franklin (who was raised in Detroit) as well as pieces by Detroit native Roy Brooks (1938-2005) and Gerald Wilson (born in Mississippi but raised in Detroit.)
Trumpeter Marcus Belgrave (long associated with the Motor City jazz scene) joins Ms. Allen for 3 pieces, including his composition "Space Odyssey" (from his 1974 "Gemini" Lp.) Mr. Belgrave also joins the pianist on Brooks' "The Smart Set" and Wilson's "Nancy Joe". Detroit-based alto saxophonist David McMurray (Was/Not Was, The Rolling Stones, Bob James as well as a leader) pairs with the pianist for a short but rollicking version of "Itching In My Heart."
One can hear how these songs, many of these extremely popular around the world, became part of the soundtrack of the pianist's life. Pieces such as Frank Wilson's "Stoned Love" and Smokey Robinson's "Tears of a Clown" draw on the harmonic and rhythmical strengths of the originals, caressing the melodies and bringing out subtleties one probably missed as these songs blasted out of a car radio. The CD opener, "Wanna Be Startin' Somethin'" (composed by Michael Jackson) rides in on that irresistible bass line that made one's feet start moving while Marvin Gaye's "Inner City Blues" mines the composer's gospel and r'n'b roots. The pianist follows the latter track with a heartfelt performance of Gaye's "Save the Children", capturing on her keys the emotion that filled the vocals on the original (both tunes by the late singer/songwriter appeared on his 1971 "What's Goin' On" Lp.) The trance-like figure by the left hand on "Baby, I Need Your Lovin'" gives the passionate melody great emotional depth.
The original compositions by Ms. Allen are 3 transitional pieces, only 1 - "In Appreciation" - is over 60 seconds long. The 2 that bear the name of the CD are contemplative and impressionistic while the other is a rocking gospel piece that emphasizes the pianist's solid left hand and highlights her sense of "groove."
"Grand River Crossings" is quite stunning in its musicality, notable for Ms. Allen's talent to make a song one may have heard in his or her youth seem fresh, even startling, at times. Perhaps it is because a majority of this music was a major part of the soundtrack of my teens and early 20s, many of the pieces evoke memories long locked away. Yet, even if you never paid attention to the music coming out of Detroit, Geri Allen draws the listener in on the strength of these melodies and you can hear how much they meant to her. For more information, go to www.geriallen.com.
In the 2+ decades since pianist/composer Satoko Fujii came onto the contemporary music scene, the Tokyo, Japan, native has appeared on 80 CDs, over 33% of them released by Libra Records, the label she co-owns with her husband and trumpeter Natsuki Tamura. On September 21, 2012, she and Mr. Tamura spent the day at Systems Two in Brooklyn, New York, where engineer Mike Marciano recorded solo CDs by both of them. Ms. Fujii's effort is titled "Gen Himmel" (translates to "heavenwards") and may surprise some listeners more familiar with her Big Bands, quartets and trios, how melodic and introspective the majority of these songs are. That's not to say that Ms. Fujii does not take chances. For instance, the title track opens with the pianist playing inside the piano, strumming the strings, creating many fascinating overtones. The plaintive melody that emerges from the "noise" has the feel of an Appalachian folk ballad. Only 1 track is over 4:50 and that is "Take Right", an episodic piece with prepared piano that moves through several distinct sections before the pianist breaks into a forceful, percussive, rhythm. Even at 8+ minutes, one desires more of the fiery piano work that erupts.
Shorter performances, such as "Ittari Kitari" (2 minutes) and "Hesitation" (2:24), are satisfying, the former for its head-long rhythms and the latter for the ebb-and-flow of the melody against the rhythm in the left hand. "Summer Solstice" (taking its name, perhaps, from the day of the recording) opens with 2-handed chords (similar to pieces by Aaron Copland) before moving into a charming melody line. later in the piece, the tension between the low notes in the left hand and the repetitive figures in the right hand, adds strength to the music that does not let up until the swirling finish. There is also a "modern classical" feel to "I Know You Don't Know", with it's forceful single-note melody lines and counterpoint.
The program closes with "Der Traum" ("The Dream"), another strong melodic excursion that draws comparison to the solo works of Keith Jarrett, the pieces that stand above style and type in a manner seamlessly that blends rhythm and melody (the former often understated and the latter the "heart" of the music.) The piece returns to the opening theme but does not resolve (dreams are like that, at times).
"Gen Himmel" illustrates just how much creativity can be found in the heart and mind of Satoko Fujii. Her "group" music is often angular, challenging, tense and one can hear those qualities in this solo music. Yet, there is beauty in these melodies, there is purpose in the rhythms and there are moments of sheer playfulness. For more information, go to www.satokofujii.com.
Labels: CD reviews, piano solo
Stephen, Joe, Ken and Nate + Tierney & Joni + Wee ...
Dayna Stephens Update
Cello Fellow + Claudia's Coming
Live Music Wednesday, Thursday & Friday + S.O.S. L...
David Binney in New Haven (finally) + Rosetta Trio...
3 By Twos Live in New Haven + Trumpet Blasts in NY...
The Fire(house) Returns! RAW "Improvisations" Retu...
3 by Twos
Four Bass Hits


text:
"""Base class for objects decoded from a YAML config."""

import collections
import threading

from perfkitbenchmarker import errors
import six

_SPEC_REGISTRY = {}

def GetSpecClass(base_class, **kwargs):
  """Returns the subclass with the corresponding attributes.

  Args:
    base_class: The base class of the resource to return
        (e.g. BaseVmSpec).
    **kwargs: Every attribute/value of the subclass's ATTRS that were
        used to register the subclass.
  Raises:
    Exception: If no class could be found with matching attributes.
  """
  key = [base_class.__name__]
  key += sorted(kwargs.items())
  return _SPEC_REGISTRY.get(tuple(key), base_class)

class BaseSpecMetaClass(type):
  """Metaclass that allows each BaseSpec derived class to have its own decoders.
  """

  def __init__(cls, name, bases, dct):
    super(BaseSpecMetaClass, cls).__init__(name, bases, dct)
    cls._init_decoders_lock = threading.Lock()
    cls._decoders = collections.OrderedDict()
    cls._required_options = set()
    if (all(hasattr(cls, attr) for attr in cls.SPEC_ATTRS) and
        cls.SPEC_TYPE):
      key = [cls.SPEC_TYPE]
      key += sorted([(attr, getattr(cls, attr)) for attr in cls.SPEC_ATTRS])
      if tuple(key) in _SPEC_REGISTRY:
        raise Exception('Subclasses of %s must define unique values for the '
                        'attrs: %s.' % (cls.SPEC_TYPE, cls.SPEC_ATTRS))
      _SPEC_REGISTRY[tuple(key)] = cls

class BaseSpec(six.with_metaclass(BaseSpecMetaClass, object)):
  """Object decoded from a YAML config."""
  # The name of the spec class that will be extended with auto-registered
  # subclasses.
  SPEC_TYPE = None
  # A list of the attributes that are used to register the subclasses.
  SPEC_ATTRS = ['CLOUD']

  # Each derived class has its own copy of the following three variables. They
  # are initialized by BaseSpecMetaClass.__init__ and later populated by
  # _InitDecoders when the first instance of the derived class is created.
  _init_decoders_lock = None  # threading.Lock that protects the next two vars.
  _decoders = None  # dict mapping config option name to ConfigOptionDecoder.
  _required_options = None  # set of strings. Required config options.

  def __init__(self, component_full_name, flag_values=None, **kwargs):
    """Initializes a BaseSpec.

    Translates keyword arguments via the class's decoders and assigns the
    corresponding instance attribute. Derived classes can register decoders
    for additional attributes by overriding _GetOptionDecoderConstructions
    and can add support for additional flags by overriding _ApplyFlags.

    Args:
      component_full_name: string. Fully qualified name of the configurable
          component containing the config options.
      flag_values: None or flags.FlagValues. Runtime flags that may override
          the provided config option values in kwargs.
      **kwargs: dict mapping config option names to provided values.

    Raises:
      errors.Config.MissingOption: If a config option is required, but a value
          was not provided in kwargs.
      errors.Config.UnrecognizedOption: If an unrecognized config option is
          provided with a value in kwargs.
    """
    if not self._decoders:
      self._InitDecoders()
    if flag_values:
      self._ApplyFlags(kwargs, flag_values)
    missing_options = self._required_options.difference(kwargs)
    if missing_options:
      raise errors.Config.MissingOption(
          'Required options were missing from {0}: {1}.'.format(
              component_full_name, ', '.join(sorted(missing_options))))
    unrecognized_options = frozenset(kwargs).difference(self._decoders)
    if unrecognized_options:
      raise errors.Config.UnrecognizedOption(
          'Unrecognized options were found in {0}: {1}.'.format(
              component_full_name, ', '.join(sorted(unrecognized_options))))
    self._DecodeAndInit(component_full_name, kwargs, self._decoders,
                        flag_values)

  @classmethod
  def _InitDecoders(cls):
    """Creates a ConfigOptionDecoder for each config option.

    Populates cls._decoders and cls._required_options.
    """
    with cls._init_decoders_lock:
      if not cls._decoders:
        constructions = cls._GetOptionDecoderConstructions()
        for option, decoder_construction in sorted(
            six.iteritems(constructions)):
          decoder_class, init_args = decoder_construction
          decoder = decoder_class(option=option, **init_args)
          cls._decoders[option] = decoder
          if decoder.required:
            cls._required_options.add(option)

  @classmethod
  def _ApplyFlags(cls, config_values, flag_values):
    """Modifies config options based on runtime flag values.

    Can be overridden by derived classes to add support for specific flags.

    Args:
      config_values: dict mapping config option names to provided values. May
          be modified by this function.
      flag_values: flags.FlagValues. Runtime flags that may override the
          provided config values.
    """
    pass

  @classmethod
  def _GetOptionDecoderConstructions(cls):
    """Gets decoder classes and constructor args for each configurable option.

    Can be overridden by derived classes to add options or impose additional
    requirements on existing options.

    Returns:
      dict. Maps option name string to a (ConfigOptionDecoder class, dict) pair.
          The pair specifies a decoder class and its __init__() keyword
          arguments to construct in order to decode the named option.
    """
    return {}

  def _DecodeAndInit(self, component_full_name, config, decoders, flag_values):
    """Initializes spec attributes from provided config option values.

    Args:
      component_full_name: string. Fully qualified name of the configurable
          component containing the config options.
      config: dict mapping option name string to option value.
      decoders: OrderedDict mapping option name string to ConfigOptionDecoder.
      flag_values: flags.FlagValues. Runtime flags that may override provided
          config option values. These flags have already been applied to the
          current config, but they may be passed to the decoders for propagation
          to deeper spec constructors.
    """
    assert isinstance(decoders, collections.OrderedDict), (
        'decoders must be an OrderedDict. The order in which options are '
        'decoded must be guaranteed.')
    for option, decoder in six.iteritems(decoders):
      if option in config:
        value = decoder.Decode(config[option], component_full_name, flag_values)
      else:
        value = decoder.default
      setattr(self, option, value)


Galveston, TX, based Investment company Kempner Capital Management Inc. buys Acuity Brands Inc, Walgreens Boots Alliance Inc, Walt Disney Co, Allergan PLC, Roche Holding AG, General Mills Inc, Cardinal Health Inc, Johnson Controls International PLC, Liberty Property Trust, WEC Energy Group Inc, sells XL Group, National Oilwell Varco Inc, Williams-Sonoma Inc, Rio Tinto PLC during the 3-months ended 2018-06-30, according to the most recent filings of the investment company, Kempner Capital Management Inc.. As of 2018-06-30, Kempner Capital Management Inc. owns 59 stocks with a total value of $147 million. These are the details of the buys and sells.
For the details of KEMPNER CAPITAL MANAGEMENT INC.'s stock buys and sells, go to www.gurufocus.com/StockBuy.php?GuruName=KEMPNER+CAPITAL+MANAGEMENT+INC.
Kempner Capital Management Inc. initiated holding in Acuity Brands Inc. The purchase prices were between $110.22 and $136.67, with an estimated average price of $121.89. The stock is now traded at around $127.85. The impact to a portfolio due to this purchase was 2.08%. The holding were 26,358 shares as of 2018-06-30.
New York State Common Retirement Fund grew its stake in shares of Marten Transport, Ltd (NASDAQ:MRTN) by 9.3% in the 1st quarter, according to the company in its most recent 13F filing with the Securities and Exchange Commission (SEC). The institutional investor owned 117,968 shares of the transportation company's stock after acquiring an additional 10,000 shares during the period. New York State Common Retirement Fund's holdings in Marten Transport were worth $2,690,000 at the end of the most recent quarter.
Schneider National (NYSE: SNDR) and Marten Transport (NASDAQ:MRTN) are both transportation companies, but which is the better investment? We will compare the two companies based on the strength of their institutional ownership, analyst recommendations, risk, valuation, earnings, dividends and profitability.
Marten Transport (NASDAQ: MRTN) and YRC Worldwide (NASDAQ:YRCW) are both small-cap transportation companies, but which is the better business? We will contrast the two businesses based on the strength of their profitability, risk, dividends, earnings, institutional ownership, analyst recommendations and valuation.
Tyson Foods, Inc. (NYSE: TSN) is projected to report quarterly earnings at $1.32 per share on revenue of $9.89 billion.
Sysco Corporation (NYSE: SYY) is estimated to report quarterly earnings at $0.64 per share on revenue of $14.34 billion.
Louisiana-Pacific Corporation (NYSE: LPX) is expected to report quarterly earnings at $0.67 per share on revenue of $692.63 million.
Cognizant Technology Solutions Corporation (NASDAQ: CTSH) is estimated to report quarterly earnings at $1.06 per share on revenue of 3.90 billion.
Manchester United plc (NYSE: MANU) is estimated to report quarterly loss at $1.35 per share on revenue of $193.67 million.
Sempra Energy (NYSE: SRE) is expected to report quarterly earnings at $1.66 per share on revenue of $3.24 billion.
Willis Towers Watson Public Limited Company (NYSE: WLTW) is projected to report quarterly earnings at $3.01 per share on revenue of $2.23 billion.
Green Plains Inc. (NASDAQ: GPRE) is estimated to report quarterly loss at $0.28 per share on revenue of $922.42 million.
TravelCenters of America LLC (NASDAQ: TA) is projected to report quarterly loss at $0.16 per share on revenue of $1.59 billion.
Gannett Co., Inc. (NYSE: GCI) is expected to report quarterly earnings at $0.03 per share on revenue of $723.93 million.
Welbilt, Inc. (NYSE: WBT) is estimated to report quarterly earnings at $0.11 per share on revenue of $329.71 million.
Horizon Pharma Public Limited Company (NASDAQ: HZNP) is projected to report quarterly earnings at $0.07 per share on revenue of $234.17 million.
Shares of TransAlta (TSE:TA) (NYSE:TAC) have been given a consensus rating of "Hold" by the eight brokerages that are currently covering the firm, MarketBeat Ratings reports. One analyst has rated the stock with a sell rating, four have assigned a hold rating and one has given a buy rating to the company. The average 12-month target price among analysts that have covered the stock in the last year is C$8.25.
One of the worst stocks to play right now is TravelCenters of America LLC (Nasdaq: TA).
It may seem intuitive that higher gas prices will lead to higher profits for gas stations. But gas stations have notoriously thin profit margins on gasoline, which means they are hardly making money on gasoline sales.
TravelCenters of America LLC (NASDAQ:TA) – B. Riley upped their FY2018 earnings estimates for TravelCenters of America in a research note issued to investors on Wednesday, September 5th. B. Riley analyst B. Maher now anticipates that the specialty retailer will earn ($0.62) per share for the year, up from their previous forecast of ($0.70). B. Riley has a "Buy" rating and a $10.00 price target on the stock. B. Riley also issued estimates for TravelCenters of America's Q4 2018 earnings at ($0.15) EPS.
After trying and failing to acquire mobile-chip giant Qualcomm, Broadcom (NASDAQ:AVGO) has turned its attention to other targets. The company announced on July 11 that it had agreed to pay $18.9 billion in cash for CA Technologies (NASDAQ:CA), a software company that derives about half its revenue and most of its profits from software and solutions for mainframe systems. Broadcom is making a very big bet on big iron.
When an executive order from the Trump administration shut down Broadcom's (NASDAQ:AVGO) attempt to buy chip-making peer Qualcomm (NASDAQ:QCOM), the company wasted no time finding other targets for its buyout ambitions. Just four months later, Broadcom is acquiring business software veteran CA Inc. (NASDAQ:CA) in an $18.9 billion all-cash deal.That's $44.50 per CA share, 19.6% above Wednesday's closing price.
CA Technologies (NASDAQ:CA) issued an update on its FY19 earnings guidance on Tuesday morning. The company provided EPS guidance of $2.75-$2.81 for the period, compared to the Thomson Reuters consensus EPS estimate of $2.74. The company issued revenue guidance of $4.25-$4.29 billion, compared to the consensus revenue estimate of $4.31 billion.
Legal & General Group Plc lessened its stake in shares of CA, Inc. (NASDAQ:CA) by 6.2% in the 2nd quarter, according to its most recent 13F filing with the Securities and Exchange Commission. The fund owned 1,723,007 shares of the technology company's stock after selling 113,457 shares during the quarter. Legal & General Group Plc owned about 0.41% of CA worth $61,425,000 at the end of the most recent reporting period.
Earlier this summer, Broadcom was hoping to acquire Qualcomm in a deal that faced more scrutiny and reviews than most companies would be able to stand. Now that the Qualcomm issue is believed to be behind Broadcom, the company has decided that CA Inc. (NASDAQ: CA) was going to be a suitable quasi-replacement deal for the chip giant.
This entry was posted in Top Stocks and tagged CA, MRTN, TA on February 12, 2019 by ggkandy.


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Previous message: [Bug 23085] Printing in notepad displays "Page &p" instead of actual	page number.
> Transacted storage has been rewritten to improve this. Please retest.
unmeasurable _fast_ (when you click you have it).
changed significantly since 1.1.34. So you can't easily revert.


John Maier's team at the University of Basel solved the riddle of C60+ in 2015. In this brief view Colin Byfleet looks at the unique apparatus used in John's work.
The early (mid 1990s) work on the electronic spectroscopy was carried out by John Maier's group, trapping C60+ in a neon matrix in this apparatus.
It seems likely that C60+ will act as a stable site for a wide variety of adducts and that these entities will contribute to the Diffuse Interstellar Bands. John Maier's group in Basel is looking for species like C60(Fe)+.
An introduction to atomic and molecular spectroscopy, particularly rotational spectroscopy. Spectra from space.


text:
FINANCIAL REPORTING / INTERNATIONAL
Countdown to Convergence
Track the overhaul of U.S. GAAP and IFRS over the next 15 months.
BY MATTHEW G. LAMOREAUX
In November, FASB and the IASB reaffirmed their commitment to a 2006 Memorandum of Understanding (MoU) that outlines major convergence projects scheduled for completion by June 2011. The affirmed convergence plan continues the commitment made by the two boards seven years ago in "The Norwalk Agreement" to "make their existing financial reporting standards fully compatible as soon as is practicable." But it also expands the convergence plan to include the much more ambitious goal of creating new standards where the existing standards of both boards were deemed to need improvement. As a result, many of the MoU projects—and all of the projects covered in this article—are collaborative efforts by the boards to develop entirely new standards.
By changing much of what has been commonplace in financial reporting for the past 30 years, the current projects will significantly affect all CPAs and all companies that report under U.S. GAAP or IFRS.
As of this writing, of the 11 projects outlined in the 2006 MoU, only one, Business Combinations, has been completed. Another, Intangible Assets, has been removed from the active agendas of both boards. And a third, Post- Employment Benefits, though still on the IASB's agenda, was removed from the list of priority MoU projects at the boards' October joint meeting.
Of the remaining projects in the MoU, the boards provided fewer details on their plans to complete standards for Fair Value Measurement and Financial Instruments with Characteristics of Equity.
This article provides a synopsis of the six remaining priority projects in the MoU. Because the projects are active and subject to change, updates will be posted periodically to the online version of this article at journalofaccountancy.com; enter 20091933 in the search box.
Three of the convergence projects—Financial Instruments, Consolidation and Derecognition—have taken on greater significance and are thus subject to more scrutiny because of the financial crisis that began in 2008; as a result, the standard setters have been pressed to deal with them on an accelerated schedule. The remaining projects deal with important fundamental accounting issues such as Revenue Recognition, Financial Statement Presentation, and Leases. See Exhibit 1 for the boards' project plan timeline.
For two major accounting standard setters to complete such a large number of difficult joint projects in less than two years would be unprecedented. The June 2011 deadline, however, has been affirmed by the Group of 20 (G-20) leaders; former Federal Reserve Chairman Paul Volcker, who chairs the President's Economic Recovery Advisory Board; the SEC; and the Financial Crisis Advisory Group that was set up to advise FASB and the IASB on how they should respond to the financial crisis.
(Click here to open Exhibit 1)
As a result of the subprime mortgage collapse, accounting for loans and securities derived from loans was widely criticized. When the financial crisis started in 2008, this project was already on the active agendas of both standard setters, but the crisis has put enormous political pressure on the IASB and FASB to improve their standards as soon as possible.
In a move that was not followed by FASB, the IASB split its project to replace IAS 39, Financial Instruments: Recognition and Measurement, into three parts to deal separately with classification and measurement; impairment; and hedging, respectively. FASB is dealing with financial instruments in a single project and plans to issue an exposure draft in the first quarter of 2010.
Classification and measurement. Despite intense joint deliberations, FASB and the IASB were unable to agree on a common approach for classification and measurement. The IASB published its approach on Nov. 12, 2009, with the release of IFRS 9, Financial Instruments. IFRS 9 may be adopted early but is not effective until Jan. 1, 2013.
IASB Board Member James Leisenring, a former FASB board member who serves as liaison between the boards, said at an AICPA conference in December that he would not recommend anyone adopt IFRS 9 early because both boards have recommitted to achieving convergence on financial instruments, which will likely bring significant changes to IFRS 9.
Under the proposed FASB model:
All instruments would be measured on the statement of financial position at fair value with changes in fair value reflected in net income, or net income and other comprehensive income;
A limited amortized cost option would be available for financial liabilities; and
No reclassification would be permitted between categories.
Under the IASB model (IFRS 9):
The scope of the standard is limited to assets only;
Amortized cost is used when it matches the entity's business model and cash flow characteristics of the asset;
Fair value is used for equity instruments, most derivatives and some hybrid instruments; and
Bifurcation of embedded derivatives is not permitted.
Impairment. The IASB published its exposure draft dealing with impairment on Nov. 5, 2009, with comments due July 5. The IASB plans to publish a request for views on FASB's model when FASB publishes its ED. The boards plan to jointly consider the comments received on respective proposed models. They will also discuss feedback received from an expert advisory panel that has been established to advise the boards on operational issues on the application of their credit impairment models and how those issues might be resolved.
A credit impairment would be recognized when information is available indicating that there is an adverse change in the expected future cash flows of the financial asset;
An entity must consider all available information on past events and existing conditions but not future scenarios; and
Creditors would not be prevented from evaluating losses on a pool or portfolio basis.
The IASB published on Nov. 5, 2009, a proposed impairment model for those financial assets measured at amortized cost. The model uses expected cash flows. Comments are due June 30.
The proposed IASB model requires an entity:
To determine the expected credit losses on a financial asset when that asset is first obtained;
To recognize contractual interest revenue, less the initial expected credit losses, over the life of the instrument;
To build up a provision over the life of the instrument for the expected credit losses; and
To reassess the expected credit loss each period and to recognize immediately the effects of any changes in credit loss expectations.
Hedging. The IASB plans to publish an ED on hedging, the third part of its financial instruments project, in the first quarter of 2010 to coordinate with publication of FASB's ED. At this writing, no decisions had been made by either board.
The subprime mortgage crisis highlighted the complexity of determining what entities must be consolidated. FASB and the IASB are working jointly to improve consolidation guidance so that financial statements are fully informative.
In response to the recommendations of the Financial Stability Board (an organization created by the G-20 to deal with the global financial crisis), the IASB accelerated its consolidation project and published an ED in December 2008. The comment period ended March 20, 2009. At their October 2009 joint meeting, the boards agreed to conduct their respective consolidation projects jointly. They also concluded that the objectives and principles for assessing control of structures that would be classified as variable-interest entities are fundamentally the same under the recent amendments to U.S. GAAP on consolidation and in the proposed IASB model.
FASB is expected to publish an ED in the second quarter of 2010. The IASB will make available a staff draft of its proposed final standard and will also publish a request for views on the FASB proposals. The IASB and FASB are aiming to publish final, converged standards on consolidation by the third quarter of 2010.
Control. The December 2008 IASB exposure draft ED 10, Consolidated Financial Statements, defined control as the "power to direct the activities of [another] entity to generate returns for the reporting entity."
Under the definition, the IASB has tentatively decided that:
Power requires judgment and is "the current ability to enforce one's will in directing the activities of the entity that significantly affect the returns";
Power does not need to be exercised nor does it need to be absolute;
Power must be assessed based on current facts and circumstances;
Activities are those that significantly affect its returns;
Returns "vary with the activities of the entity" and can be "wholly positive, wholly negative, or positive and negative."
DERECOGNITION
FASB amended its requirements in relation to the derecognition of some financial assets and liabilities last June by issuing Statement no. 166, Accounting for Transfers of Financial Assets, and Statement no. 167, Amendments to FASB Interpretation No. 46(R).
FASB's main change was the elimination of qualifying special-purpose entities, or QSPEs. Eliminating the QSPE requirements potentially could cause many entities applying U.S. GAAP to retain more assets and liabilities in their statement of financial position.
Remaining differences between IFRS and U.S. GAAP derecognition requirements include: U.S. GAAP relies on the concept of legal isolation, while IFRS includes the concept of retention or transfer of substantial risks and rewards relating to the asset transferred. The models also differ in the accounting for transfer of portions of assets and the accounting for retained interests.
In March 2009, the IASB published an ED proposing a derecognition model based on control. The comment period closed in July 2009. The proposal was not well received, although there was qualified support for an alternative model also included in the ED. The IASB plans to continue developing derecognition requirements based on that alternative model.
The boards have agreed to assess in the first half of 2010 the differences between IFRS and U.S. GAAP. The boards will then consider together the model that the IASB has been developing.
Key issues that the boards will need to address include:
What criteria should be applied when derecognizing financial assets; how is derecognition different from impairment?
At what amount should gains/losses be reported?
How should those gains/losses be presented in the financial statements (realized or unrealized)?
Under what circumstances would it be appropriate to re-recognize previously derecognized financial assets?
What disclosures are needed to adequately inform financial statement users about remaining risks and their potential outcomes?
The boards published a discussion paper, Preliminary Views on Revenue Recognition in Contracts with Customers, together in December 2008. U.S. GAAP provides detailed guidance that is often industry-specific. The new converged standard is expected to apply one model and certain basic principles across all industries.
Under the proposed new model presented in the discussion paper, an entity should recognize revenue when it satisfies its performance obligations in a contract by transferring control of goods and services to a customer. The boards have agreed to publish a joint ED in the second quarter of 2010 and a final standard by the second quarter of 2011.
At an AICPA conference in December, IASB Board Member Patrick Finnegan presented the following six-step process to demonstrate how the proposed model would be applied:
Step 1: Identify the contract.
Step 2: Identify the performance obligations.
Step 3: Determine the transaction price.
Step 4: Allocate the transaction price.
Step 5: Recognize revenue when performance obligations are satisfied.
Step 6: Account for contract costs.
Percentage of completion accounting. In response to what he said was a common misconception among readers of the discussion paper, Finnegan said the boards do not intend to abolish percentage of completion accounting under the new model. He pointed out that the notion of a "continuous sale" contained in SOP 81-1 has been incorporated into the new model in the notion of a "continuous delivery." However, FASB Technical Director Russell Golden said the new model moves away from the matching principle because, under the new model, incurring a percentage of costs associated with a performance obligation is no longer a criterion for recognizing associated revenues.
Definition of control. Finnegan said many comments received on the discussion paper focused on the need to clarify the meaning of control. He said the IASB, after consulting with FASB, tentatively decided at its September 2009 board meeting that the principle of control involved a customer's "unconditional obligation to pay for an asset, legal title to an asset, the ability to sell the asset or physical possession of the asset."
Allocation to contract segments. Another concern raised in comments, Finnegan said, was whether the model would be operational, particularly in regard to allocating the transaction price to individual performance obligations. In response, Finnegan says, the boards introduced the notion of a "contract segment" that would allow similar performance obligations to be grouped together for the purpose of allocating the transaction price. Preparers in multiple countries tested the concept in the fourth quarter of 2009.
Estimated stand-alone selling prices. In October, FASB issued Accounting Standards Codification (ASC) Update no. 2009-13, Revenue Recognition (Topic 605): Multiple-Deliverable Revenue Arrangements—a consensus of the FASB Emerging Issues Task Force, which applies to multiple-deliverable revenue arrangements that were within the scope of EITF Issue no. 00-21, Revenue Arrangements with Multiple Deliverables. Both ASC Update no. 2009-13 and EITF Issue no. 00-21 have been codified under ASC 605-25.
ASC Update no. 2009-13 provides principles and application guidance on whether multiple deliverables exist, how the arrangement should be separated, and the consideration allocated. It also requires an entity to allocate revenue in an arrangement using estimated selling prices of deliverables if a vendor does not have vendor-specific objective evidence or third-party evidence of selling price. The guidance eliminates the use of the residual method, requires entities to allocate revenue using the relative-selling-price method and significantly expands the disclosure requirements for multiple-deliverable revenue arrangements.
The approach taken in ASC Update no. 2009-13 is basically the same as the approach revealed in FASB's preliminary views document for its joint revenue recognition project with the IASB, according to AICPA Accounting Standards Executive Committee (AcSEC) Chairman Jay Hanson, who is also a member of the EITF.
FINANCIAL STATEMENT PRESENTATION
FASB and the IASB have undertaken the largest revamp of financial statements ever conducted in a single step. The work is being conducted in three phases. The boards completed deliberations on Phase A in December 2005, and on Sept. 6, 2007, the IASB published a revised version of IAS 1, Presentation of Financial Statements, that brought IAS 1 largely in line with FASB Statement no. 130, Reporting Comprehensive Income.
On Oct. 16, 2008, both boards published a discussion paper, Preliminary Views on Financial Statement Presentation, in which they set out the principles for presenting financial statements in a manner that portrays a cohesive financial picture of an entity's activities, disaggregates information so that it is useful in predicting future cash flows, and helps users assess an entity's liquidity and financial flexibility.
The boards plan to publish an ED in the first quarter of 2010 that proposes to eliminate an option in U.S. GAAP and IFRS that allows entities to present some components of total comprehensive income either in a separate statement or directly in equity. In the second quarter, the boards plan to publish a comprehensive ED on financial statement presentation.
Tentative decisions include:
A complete set of financial statements for a reporting period should include a statement of financial position; a statement of comprehensive income; a statement of changes in equity; and a statement of cash flows. In addition, each financial statement should be shown with equal prominence, and a minimum of two years' comparative information is required.
The proposed financial statements are intended to help predict cash flows for equity valuation. These statements shift focus from net income to total comprehensive income, as all other comprehensive income items are now presented on the face of the statement.
The boards decided that the financial statement presentation project should not seek to alter existing standards relating to what items are recognized outside of profit or loss. Because of that stance, existing guidance remains unchanged on presentation of other comprehensive income (OCI) items in a statement of comprehensive income and on the recycling mechanism.
The proposed format of the cash flow statement is similar to FASB Statement no. 95, Statement of Cash Flows, and IAS 7, Statement of Cash Flows, with two major changes. First, the notion of cash equivalents is scrapped. In addition, cash flow will be presented in the direct method.
The boards tentatively decided to replace the reconciliation schedule proposed in the discussion paper with a requirement to analyze the changes in balances of significant asset and liability line items.
The stated objective of this project is to ensure that the assets and liabilities arising from lease contracts are recognized on companies' balance sheets. On March 19, 2009, the boards published for public comment a discussion paper, Leases: Preliminary Views. They plan to publish an exposure draft in the second quarter of 2010.
Lessee accounting. The boards tentatively decided to adopt an approach to lessee accounting that would require the lessee in all leases to recognize:
An asset representing its right to use the leased item for the lease term (measured initially at its fair value, which may be estimated using the leased property's fair value or an estimate of the value of the lease obligation based on a present value of the lease payments discounted at a market rate for similar liabilities).
A liability for its obligation to pay rentals (measured initially at a present value of the lease payments that approximates the fair value of the liability).
This differs from the current U.S. GAAP model, which separates leases into capital leases, which recognize an asset and a liability, and operating leases, which do not. Under the proposed new model, all leases except those that represent the purchase or sale of an item would result in asset and liability recognition. In addition, subsequent income statements will report interest costs and depreciation of the asset, the sum of which will be different from the cash payments.
Lessor accounting. The boards tentatively decided to adopt the performance obligation approach to lessor accounting.
Under that approach, a lessor would:
Recognize an asset representing its right to receive rental payments (a lease receivable).
Recognize a liability representing its performance obligation under the lease—that is, its obligation to permit the lessee the right to use one of its assets (the leased item). The lessor would recognize revenue as that performance obligation is satisfied over the lease term. That means that a lessor would not recognize revenue at the inception of a lease contract.
The JofA thanks professor Paul Gillis of Peking University, Beijing, China; professor Paul B.W. Miller, University of Colorado at Colorado Springs; Paul Parks, manager of the AICPA-produced IFRS.com; and Richard Roomberg, director of financial reporting for Washington, D.C.-based NCI Inc., for their contributions to this article.
Matthew G. Lamoreaux is a JofA senior editor. To comment on this article or to suggest an idea for another article, you can contact him at mlamoreaux@aicpa.org or 919-402-4435.
AICPA RESOURCES
JofA articles
"Weathering the 'Other-Than-Temporary' Impairment Storm," March 09, page 48
"The Role of Fair Value Accounting in the Subprime Mortgage Meltdown," May 08, page 34
"Securitized Profits," May 08, page 54
Consolidation and Derecognition
"Forecasting Post-Combination Earnings," Dec. 08, page 48
"Noncontrolling Interest: Much More Than a Name Change," Nov. 08, page 46
"A New Day for Business Combinations," June 08, page 34
"Fair Value Roundtable: Dynamic Assets Don't Fit in Passive Vehicles," June 08, page 60
"Software Revenue Recognition on the Rise," Dec. 07, page 50
"Accounting for Gift Cards," Nov. 07, page 38
"Shaking Up Financial Statement Presentation," Nov. 08, page 56
Use journalofaccountancy.com to find past articles. In the search box, click "Open Advanced Search" and then search by title.
IFRS Accounting Trends & Techniques (#0099109)
For more information or to make a purchase, go to cpa2biz.com or call the Institute at 888-777-7077.
IFRS Essentials with GAAP Comparison: Building a Solid Foundation (#IFRS)
FASB Review and Update: Common GAAP Issues Impacting All CPAs (#FRU)
To access On-Site Training courses, go to aicpalearning.org and click on "On-Site Training" then search by "Acronym Index." If you need assistance, please contact a training representative at 800-634-6780 (option 1).
FASB/IASB agreements
February 2006 Memorandum of Understanding
"The Norwalk Agreement"
FASB/IASB joint discussion papers
Preliminary Views on Revenue Recognition in Contracts with Customers
Preliminary Views on Financial Statement Presentation
Leases: Preliminary Views


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Q: DOCUMENT_ROOT is not complete, missing domain folder I have searched many threads so far but cant seem to find a solution. Inside one of my php scripts I am trying to get a server document root but the value I get is not complete, its simply missing the domain folder. I believe it is due to sharing hosting or smth else.
Here is the current way I am using:
$root = realpath($_SERVER["DOCUMENT_ROOT"]);

and the path I get is like:
/home/content/01/0151247/html

although I know it should be like:
/home/content/01/0151247/html/mydomain

I know as I compared it with SCRIPT_NAME and I see the mydomain there in the path.
Hope someone could direct me.
Thank you and sorry for probably asking another thousand time same question over community, I really tried things around from here, nothing helps me so far.
UPDATE
unfortunately I cant not simply use my index file with DIR as it is a wordpress setup and I am working on a separate folder where I am including some wordpress functionality but for that I need a document_root. If that would help.
UPDATE
apparantly the following way resolved my case, maybe it will help someone one day:
realpath($_SERVER["SUBDOMAIN_DOCUMENT_ROOT"]);

basically because of the server setup and domain configured as a subdomain.
Thanks to all who participated.

A: Prior to PHP 5.3 you can put a file in the directory whose path you want and define a constant:
define('ROOT_DIR', dirname( __FILE__ ));

After 5.3 you can just do:
define('ROOT_DIR', __DIR__);

The idea being that this would be in config.php of some sort that is included every time the application runs.
Magic Constants Docs

A: UPDATE
In the config file, you can just append the DOCUMENT_ROOT variable:
$_SERVER['DOCUMENT_ROOT'] = $_SERVER['DOCUMENT_ROOT'] . '/mydomain';

And that should take care of it for you.
Old Solution
The DOCUMENT_ROOT is an environment variable set by the server. So if this is on shared hosting, you cannot changed. An alternative is to set your own constant to it, so in a config type file that is included on your pages you can do something like:
define('DOCUMENT_ROOT', $_SERVER['DOCUMENT_ROOT'] . '/mydomain');

And then just use that constant in place of $_SERVER['DOCUMENT_ROOT']. The other option is to contact your host and inquire about it, maybe it was an oversight on their part and they will fix it.
EDIT
Probably using the __DIR__ as others have posted about is the better way, as the DOCUMENT_ROOT can be set to different items and at least with the __DIR__ you should get an accurate directory each time.

A: Personally, to get the root of a folder in PHP, I use this in the my index file:
define('ROOT', dirname(__FILE__));     // __DIR__ will work under PHP 5.3

redpajama_set_name: RedPajamaStackExchange


We came across artist Scott Lee some months back and dig the different outputs of expression. A Southern California native from the San Fernando Valley, Scott is currently in his second year at CalArts in the Fine Art program.
"My art is about a lot of things and varies in each project, but generally it's about painting, the material, the textures, colors, and composition. I guess I'm trying to speak a similar language as the early abstractionists were doing, just in my own way. It's also about process, this idea of layers and what it took to get to the final state. Within a lot of that though, I'm thinking about life, faith, doubts, hurt, joy, peace, and confusion."
Check out more from Scott here.


Produced and bottled in the Berkeley, California.
Hajdu Wines produces small lot wines with a focus on Rhone varietals. We create unique, delicous wines that enhance the meals and occasions in our lives. Our vineyards are located in Napa, Sonoma and Mendocino counties, which are closely situated to our Berkeley winery. A minimalist philosophy endows the wine with the purest and most ideal flavors, allowing the fruit to express itself in your glass. All of our wines are certified kosher for passover by the Orthodox Union.
Please provide your email address below to receive the latest information on Hajdu Wines, including periodic updates on clubs, events and promotions.


Participants of the Nanodiff satellite meeting can book the ICNS 2017 hotels at the same discounted rate. To reserve these hotels, please fill in the form that can be downloaded from the ICNS 2017 website where you can find detailed instructions and conditions.
All these hotels are located close to the KAIST campus in Daejeon.


IN the nearly half-century between the publication of ''A Book of Mediterranean Food'' and her death in 1992, the English writer Elizabeth David stood apart from, and above, the normal run of food and cookbook writers. She wrote in a fine, firm style that somehow managed to communicate her sensual appreciation of food more effectively than the standard gush of most culinary journalism. It was like a severe, well-tailored suit that flatters a curvy figure. She had excellent taste, and when a dish pleased her, she pounced, ferreting out the details of its creation and delving into its history. She knew how to write and test a recipe. Her antiquarian fascination with old cookbooks led her, and her readers, down fascinating byways, as she sought out the origins of crème brulée and quiche Lorraine or traced the strange history of the bouillon cube. She had strong views that tipped over into crankiness from time to time. This only added piquancy to her output.
David's most recent work seemed as if it might be her last. ''An Omelette and a Glass of Wine,'' published in 1984, gathered together many of her articles for food magazines and newspapers, and although the preface hinted at material left over, the book felt as though it had skimmed the cream. Not so. David wrote busily for all sorts of publications, and her outlets included not only mass-market publications like Tatler and House & Garden but also specialized journals like Petits Propos Culinaires and Herbal Review. She kept detailed files as well. As a result, her editor and friend Jill Norman did a minimum of barrel-scraping in putting together this very appealing, completely absorbing miscellany.
The blend of solid scholarship, practical information, personal reminiscence and sheer enthusiasm for good food is typical of the essays in this volume, which begins with several autobiographical amuse-bouches and moves on to a menu divided into food categories like stocks and soups, salads and first courses, vegetables and fish. The glimpses into David's background shed valuable light on her career. Like most food writers, she found her vocation by chance, forced into cooking when, on returning to postwar London after years in Cairo, she was confronted with the challenge of making meals when virtually nothing was available.
David always wrote from an amateur's perspective. That is, she understood trial and error, fear and failure. ''There is something rather specifically dismal about a failed rice dish,'' she noted sympathetically in ''Do Not Despair Over Rice.'' Her own struggles made it impossible for her to be a snob about food, although she could be imperious. In an essay describing her dream kitchen, she makes the comment that ''on the whole . . . it's probably best for cookery writers to use the same kind of domestic equipment as the majority of their readers. It doesn't do to get too far away from the problems of everyday household cooking.'' She knew that Plan A often had to be abandoned for Plan B or worse, and this sensitivity suffuses her remarkable how-to essay on yogurt, which suggests every possible variant, backup, shortcut and -shrift for cooks who want to make yogurt at home. I was stunned to read that she whipped eggs into mayonnaise using an old long-handled wooden spoon.
It's great fun when David goes on a rant. ''Garlic Presses Are Utterly Useless'' is a good one, although I winced at her dismissal of the word ''crispy'' as idiotic. (I have used it myself, often.) David also gives the back of her hand to rosemary, an herb she approached with deep skepticism; to meat stocks in vegetable soups; pizza with too much topping and big fennel bulbs. Readers familiar with David on a tear sometimes forgot that her sharp critical sense was intimately bound with her love of good food, her eye for the telling detail and her keen ability to scent the least whiff of pretension.
A reader unfamiliar with David might want to start with the essay ''Le Rouge et le Noir,'' a brilliant set piece that shows the author at her best. It begins with a highly original observation about the dramatic power of black foods, which serves as an arresting lead-in to a discussion of ratatouille, with its black chunks of eggplant, and from there to its close cousin, the Provençal dish called bohémienne, or sometimes barbouillade, a humble stew of red and green peppers, zucchini, garlic and tomatoes. A digression on Mistral and Escoffier follows, along with a 17th-century English recipe, Tart Stuff That Carries Its Color Black, from Robert May's ''Accomplisht Cook.'' All this David managed in the confined space of a newspaper article, and ''Is There a Nutmeg in the House?'' offers at least a dozen other performances just as compelling. This is a book good enough to eat -- and, in a way, you can.


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'Be braver': Olympic swimmer Emily Seebohm's hidden two-year battle
·Sports Reporter
Australian Olympic swimmer Emily Seebohm has opened up about her two-year-battle with an eating disorder. Pictures: Instagram/Getty Images
Australian Olympic swimmer Emily Seebohm has taken to social media to reveal a two-year battle with an eating disorder.
The 28-year-old, who represented Australia at the 2008, 2012 and 2016 Olympics, took to Instagram to discuss her struggles with her eating disorder.
'AIN'T GOOD ENOUGH': Anthony Mundine rips into anthem change
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Seebohm described enduring a cycle of binge eating and purging, before vowing to 'give my body the love it deserves' starting in 2021.
The former world record holder said she had frequently been told the only way her times could improve was by cutting weight.
"For over 2 years I've been dealing with an Eating disorder," Seebohm wrote.
"I've binged, purged and taken laxatives. I've counted calories, skipped meals and constantly weighted myself. I've been embarrassed to be in my togs.
A post shared by 𝓔𝓶𝓲𝓵𝔂 𝓙𝓪𝓷𝓮 𝓢𝓮𝓮𝓫𝓸𝓱𝓶 (@emcbomb)
"I have judged my body every time I have been in front of a mirror.
"I've been told that the only way I can swim faster is by losing weight and I have believed it.
"This year I'm going to be braver for myself. To give my body the love it deserves and to start I needed to be honest to everyone including myself.
"I'm not asking for anything but hoping that I can help someone who could be feeling the same."
Olympic star Emily Seebohm reveals eating disorder battle
Seebohm received plenty of support after revealing what she had been going through, including from fellow Australian swimmer Brittany Elmslie.
"It sure isn't easy. Always here, always proud," Elmslie wrote on the comments.
Radio presenter and former reality show star Abby Coleman also showed support for Brisbane-based Seebohm in her own comment.
"It's so hard to admit it. Proud you have," Coleman wrote.
"I used to feel like it would be something I could never ever recover from but anyone going through it complete recovery is possible."
Seebohm is continuing to prepare for the postponed Tokyo Olympics, where she will likely be one of the favourites in the 100m backstroke.
She currently holds the Australian record in both the 100m and 200m backstroke.
Click here to sign up to our newsletter for all the latest and breaking stories from Australia and around the world.


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Bill Maris Leaves Google
Bill Maris has left Google. "The executive who built Google's venture capital arm into one of Silicon Valley's most prolific backers of start-ups has quit, in the latest sign of turnover among the internet group's longest-standing leaders. Bill Maris, who trained as a neuroscientist and set up Google Ventures in 2009, has left because he wanted to return to a smaller business, though he has yet to decide on his next step, according to one person familiar with his departure."
Nuzzel Gets Funding
Nuzzel, one of the few resources I know of that lets you use social media for content discovery without going absolutely batshit, has gotten a new round of funding and done some site tweaks. "On the heels of closing a $1.7 million funding round, the social news startup launched Nuzzel 2.0 for Web, iOS and Android on Thursday. Most notably, the new version of Nuzzel does not require a Twitter log-in to use, making the service more accessible without saying goodbye to the social curation at its foundation."
Digg Gets A New Round of Funding
Digg has gotten a new round of funding. I'm thrilled to hear it. Digg has an excellent RSS feed reader, and I love the way they've designed the Digg Dialog series.