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You can search and apply for roles in the NHS, including posts relating to COVID-19, on NHS Jobs. For the latest advice on COVID-19 visit the coronavirus page on NHS.UK.
Find Coronavirus related roles here.
NB: This vacancy closed to applications on 30/11/2020.
MS CNS
Job Reference: 304-A-20-100059
University Hospitals Birmingham NHS Foundation Trust
"Defined by our people"
University Hospitals Birmingham NHS Foundation Trust (UHB) is one of the largest NHS Trusts in the country, employing over 20,000 staff and treating over 2.8 million people per year. We have more than 2,700 beds across all our sites with the main hospital services being based at Birmingham Heartlands Hospital, the Queen Elizabeth Hospital Birmingham, Solihull Hospital, Good Hope Hospital and other services based at Birmingham Chest Clinic and Solihull community health premises.
As the Trust is a multi-site organisation you may be required to work at any of the Trust sites and you may need to change your normal place of work, either temporarily or on a permanent basis, as a result of development or reorganisation of Trust services.
UHB has an international reputation for its quality of care, information technology, clinical education and training and research and provides a wide range of services including highly specialised regional and national services. The Trust is a designated Major Trauma Centre, operates Europe's largest Critical Care Unit and Organ Transplant Service and, through its hosting of the Royal Centre for Defence Medicine, provides a full range of medical services to injured military personnel.
Our core purposes are excellent clinical quality, patient experience, workforce, research and innovation and our vision is "To Build Healthier Lives".
Please apply early as vacancies may close before the given closing date when sufficient applications are received.
For specific enquiries regarding this vacancy, please see the Contact Details section below in the first instance. For general enquiries, please use Switchboard: 0121 627 2000 and for Non-Medical (inc. Nursing) Ext. 16800, Doctors & Dentists Ext. 18384 or 18395, Bank posts 0121 371 8280.
All correspondence will be sent by email; please check your account regularly including your Junk/SPAM folders
An exciting opportunity has arisen for an enthusiastic, motivated registered nurse with an interest in multiple sclerosis to join our excellent established MS Specialist Team. You will work alongside a team of MS specialist nurses, MS neurologists, neurologists and other healthcare professionals.
You will have the opportunity to work with a dynamic and forward thinking MS team offering assessment, treatment and support to people with MS and their families / carers. You will be working within a hospital setting as well as some time in the community.
The post holder will demonstrate excellent communication and interpersonal skills and will provide an expert source of education and advice regarding MS to both patients and their families and other members of the multidisciplinary team across the health and social care economy.
We are committed to continuous professional development and offer ongoing training within the MS team.
Car driver essential.
Please note the assessment panel will take place on the 9th December. Successful candidates will be invited to proceed to interview. Date to be arranged, please have availability 9th - 18th december 2020
All posts involving access to persons in receipt of health services will be subject to a DBS (Disclosure and Barring Service) check.
Having a criminal record will not necessarily bar you from working with us; this will depend on the nature of the position and the circumstances of your offences.
Staff recruited from outside of the NHS will usually be appointed at the bottom of the pay band.
Successful candidates will be automatically enrolled onto the Trust staff bank UHB+.
Applications from job seekers who require sponsorship to work in the UK are welcome and will be considered alongside other applications. However, non-EEA candidates may not be appointed to a post if a suitably qualified, experienced or skilled EU/EEA candidate is available to take up the post as it is unlikely, in these circumstances, to satisfy the Resident Labour Market Test. The UK Border Agency requires employers to complete this test to show that suitably qualified EEA or EU worker can fill the post. For further information please visit UK Border Agency website.
University Hospitals Birmingham is a Stonewall Diversity Champion and aims to achieve positive change for LGBTQ+ people by creating an inclusive, inspiring and equal environment for both staff and service users.
Disabled applicants, in line with our commitment to the Disability Confident Scheme, will be guaranteed an interview where they meet the essential criteria and declare their disabled status. The Trust will accept applications in other formats where applicants have disabilities that require a reasonable adjustment for them to be able to apply for vacancies; consideration in respect of additional time for postage/delivery time etc. will be given.
Internal applicants who are interested in accessing professional support for interview preparation should read the attached Aspire document.
To stay safe in your job search we recommend that you visit SAFERjobs (https://www.safer-jobs.com), a non-profit, joint industry and law enforcement organisation working to combat job scams. Visit the SAFERjobs website for information on common scams and to get free, expert advice for a safer job search.
Working pattern:
• Full time
Pay Scheme:
Agenda for change
Pay Band:
Nursing & Midwifery Registered
Specialty/Function:
Read this before applying
Job Description (402 KB)
Person Specification (402 KB)
This vacancy is now closed.
Jemma Cliffe
jemma.cliffe@uhb.nhs.uk
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If you have any concerns about this job then please report it to our Customer Service team.
NHS Jobs © 2021


I am so excited about today! I have been working hard this week, putting the finishing touches on my Fall home tour – rustic and bold simplicity and it is ready to be shared!
Like any home tour I have done in the past, any DIY projects or crafts I have done that are featured within this tour will be shared at the bottom of this post. I pack in a lot of DIY ideas, furniture redos, crafts and DIY decor into my home so I have found this is the easiest way for people to find what they are looking for.
Each year my home seems to have a mind of it's own and the holiday decor changes a little. This year I was feeling the need to simplify and keep the casual feel my home has year-round. So a lot of the fall decor this year is rustic, with a few bold patterns and textures and a simple color scheme.
This is the perfect example of simple and rustic. I grabbed this old vine that was all twisted up and I have used it for decor the last few years. The x-ray leaves I printed out and stuck onto the wood pallet frame with tape. Yep, decorating for fall does not have to be expensive or time consuming.
The one biggest change in my fall decor this year is that I had to make is stretch further than previous years. After changing around the furniture arrangement in my home I now have a formal living room as well as a family room. Which means there was less of my typical fall decorations to go around.
This is a new sofa and I am loving the soft gray color of it! I adore the mix of gray, yellow with pops of blue. It feels very authentic to my decorating style. I want this to feel like our home year-round. Making holiday decor and different seasons work with my typical aesthetic has been a learning process for me.
Another new addition to my home is this stick and tree trunk end table. Dale gave it to me for my birthday and I am in love (with him and the end table). This as well as the black cane chairs help separate the two living spaces.
Fun tip, when decorating for fall or any season really use what you have. I decorate with shells a lot, which means that I have them all over my home. If I were to remove them for fall it would be a pretty bare house. So I sprinkle in the fall theme in subtle ways like this. Adding pumpkins to my shell collection. Simple but effective in welcoming the fall season!
When in doubt when it comes to decorating for fall throw a pumpkin on it!
This year instead of removing the blue colors in my home I worked with them. I am loving the combination so much this year! I also upgraded my art work this year for fall. Oh deer it is wonderful! It was a very simple update, I purchased from digital prints then sent them to be printed as a poster. I got large prints at a huge cost savings!
For me fall is all about nature. Here in Wisconsin we have a beautiful cooling of the temperatures. In fall there is always stunning clear blue skies, an explosion of colors with the reds, oranges, and golds in the leaves. We also do a ton of activities in fall with festivals, pumpkin farm fun, hikes and so much more. So nature feels very authentic to fall without needing to use orange all over the place to decorate for fall.
I also have had to make the addition of more blue in my home work for fall. In the past I have decorated with shades of blue for my year-round decor, then remove all of it when fall comes around.
However, the blue I removed was smaller decorations. Now I have added a lot of blue features to furniture and my fireplace with the shiplap that cannot be taken away so making the fall decor work with that has been a fun struggle.
Keeping the rest of the fall decor simple with colors was the easiest way to do this. For my fireplace mantel I added two new large prints of leaves. Leaves are a great and simple way to decorate with fall without it being corny or over the top. These were also just prints that I purchased digitally and had printed out as posters. Then I went and got large frames to put them in.
White pumpkins feel so fresh and perfect for my rustic and bold simplicity this fall!
Adding in other tiny nature themed items allows my home to be decorated for fall without spending a lot of time, energy or money.
Since I rearranged the furniture in my home and put the dining room table in the living room this combo has worked out so well for us! I love all of the extra room around the dinner table and it is the coziest place to relax when we have friends over. We do a lot of entertaining in fall with friends, my son Caleb has a birthday in fall and our house is also the go-to meet up place for our friends to trick-or-treat so I like to keep my home festive but casual enough to make everyone feel at home.
The fall centerpiece this year was actually a lot of what I had over the summer. I used the same glass hurricanes but added the craft leaves under the candles. The pumpkins added a fun pop of color to the table. I love a full look for table decor, but this is our main dining room table so I cannot have anything too fancy that will block our views of the kids or take over the table. Making the fall decor work for my family is key.
The last room I decorated for fall is the family room. My fall front porch will be shared next week on the blog. We had a random heat wave last week here and I did not want my neighbors to look at my weird sweating it out in a sundress and adding pumpkins to my front porch. This week it has been a lot cooler, jackets have been needed and their is a crisp feeling to the air so now I can rock pumpkins, mums and gourds with no shame.
As far as the family room goes I kept the fall decor even more simple and focused on the cozy feel. I moved the large tree art into here from another room, with the dark wood color it felt very fall to me. I also swapped out the blue striped rug for a cozy and plush rug with tan colors.
These tree trunk stools are in our home year-round but they feel perfectly fall!
With the additions of a few fall touches, darker textures like wood, and some nature items I have managed to decorate for fall without compromising on my casual and clean style of decor.
I also managed to make my favorite pops of blue work with the fall decor and I am loving it! Every year has a little variation form the previous years. Some years I want a fall explosion of reds and oranges, other times I am craving neutral. It seems to vary a little and I just go with it. Using what I have and making it work.
This time of year means all of the fall fun that I adore, but it also means we are getting back into a routine with school, fall sports activities kick into high gear. Life gets crazy so this year I was craving a clean and simple feel to my fall decorations. I need to come home and feel like I get that breath of fresh air, even if it is actually very stuffy and dry air because the heat is on. The idea and feel of it is what I am going for.
My home is where we come to get away from the noise and chaos, yes with three kids there is a fair amount of chaos in the home as well. But this year I did not want to add clutter with fall decorations. Blending in fall specific items, highlighting nature, leaves, twigs, sticks and pumpkins felt like the best way to decorate for the season. I have landed with a Fall home tour – rustic and bold simplicity without going crazy or getting a ton of new items. I used what I had from previous years but updated the art, it was a small change that made a huge difference. When you are decorating for fall focus on the color and feel you are going for and go from there. Make it work for you and your decorating style.
Don't forget to check back next week for my fall front porch!
Dining room mini makeover, painting the ceiling blue!
Your style is not totally my complete style, I still found many things to incorporate into my home. Little touches that make a difference.
Ohh wow I love your style! I love that photo wall, it is incredible! I need you to come and do my house for me!
I just love your fall decor! I have a few pieces out, but I'm about to replace them with Halloween decor. I need to get some pumpkins for the front door though!
Fall is my favorite season to redecorate for. I love the whimsical little pumpkins, and how you have plenty of pumpkins with a muted color tone.
How lovely is your home! I love how you have brought in different colours for the fall they are absolutely beautiful! I need to think of some different things to do for mine I think.
Love your colorful decor, it's just so cheery. And welcoming too. Great job putting it all together.
I'm loving your fall decor. White pumpkins are just so beautiful! I love the wooden pumpkins, too!
I love the family picture wall. We just moved in to a new house and you have given me so many ideas! I love to decorate for holidays and seasons but right now I am just trying to get my house together.
I am loving all of your pumpkin decor!! I am pumpkin obsessed so I noticed them right away! LOL!
I love those white pumpkins. They're so simple and minimalistic!
I think rustic is what I'm going to go for when we decorate our new home. I love the look and feel of it all!
Wow, I love how it turned out super nice. I love the pictures gallery and I want to make this as my inspiration for our home make-over. Love the positive ambiance too!
You have done up your home so elegantly and with such class, would love to take a leaf or two from you. I really love how you have done up your wall.
Rustic and Fall decor are some of my favorites. I just love everything about the colors and how cozy you can make it feel.
Now that looks really great! The decor you chose for the season really adds so much charm to the place too.
A simplistic decor is totally what I love. There is so much that you can do with just a few accents here and there.
So beautiful wow. Your home is absolutely gorgeous. I need to update our decor so badly. This is inspiring.


Victoria's regional areas are fast becoming home to many new families, businesses and retirees, especially areas like Bacchus Marsh in the Shire of Moorabool. Being set amidst rivers, fields and bushland, Bacchus Marsh attracts a wide variety of pests according to local pest control companies. When managing and treating pests in regional area, there are some added considerations to take into account.
DO pay attention to the precious wildlife and ecosystems which form part your back yard or garden areas.
There are plenty of environmentally friendly pest control treatment options, which Bacchus Marsh local pest professionals will prefer to use. Be sure to insist on treatments which will biodegrade and cause little or no harm to your outdoor environment, pets and family.
DO perform regular DIY perimeter checks of your property.
Pay particular attention to the wood and areas where ground meets property. Bacchus Marsh is known for termite pest infestations, which cause extreme damage to homes and businesses. By keeping track of any early signs of termites, you can prevent an expensive and devastating problem later on.
DO employ pest control professionals with experience and local knowledge.
In Bacchus Marsh there are a number of licensed pest control companies which have been operating locally for many years. It is wise to do some research on the company you are considering to make sure you are giving your pest assessment or problem the most expert service possible.
DO NOT try to manage a pest infestation on your own.
Incidents have occurred in Bacchus Marsh and surrounding regional areas whereby home and business owners have attempted treating pest infestations on their own. Their attempts can lead to a more extreme outbreak, or have no effect at all due to the wrong amount or type of pest control treatment being applied. It is advised to call in the professionals when you see signs of an infestation to save time and money.
DO NOT purchase a property without arranging a pre-purchase pest inspection.
Many homes and buildings in Bacchus Marsh were built in the early 1900's. Longstanding residences are susceptible to termite damage. Before purchasing a property in the area, it is highly recommended to arrange an independent building inspection for an expert report and peace of mind.
DO NOT assume that Winter months require less property maintenance for pest prevention purposes.
Although most common pests appear in Spring and Summer, it is important to actively prevent Winter pests from taking shelter in your property. This involves clearing gutters, pruning back tree branches, unblocking leaves from in-ground drains, and ensuring that all cracks are sealed. Rodents and spiders seek warm homes in rooves and storage areas, so ensuring that access to these spaces is eliminated will help to maintain a pest free home.
Bacchus Marsh residents and business owners deserve ongoing enjoyment of their properties. If a pest problem is causing nuisance, damage or unsanitary conditions do your property and loved ones a favour, and call in the experts at VIP Pest Control.


Whether you're a founder, investor or an executive at an established hotel, there's never been a better time to adapt an "entrepreneurial" mindset to hospitality. While there are challenges posed by changing traveler tastes, the shift to mobile and the rise of Airbnb, there are also plenty of opportunities for organizations (new and old) to evolve how they do business.
Where should entrepreneurs looking to start new companies in the hospitality sector focus their time and investments?
What consumer trends can executives from existing hospitality businesses harness to adapt and grow their companies?
What changes in travelers' behavior are likely to create the biggest opportunities for hospitality businesses to improve guest satisfaction, streamline operations and drive more revenue?


The International Festival of Life at Union Park comes to the Near West Side this weekend.
NEAR WEST SIDE — If you're not catching the fireworks Downtown, there's plenty to do in the neighborhood this Fourth of July weekend.
From outdoor festivals to patriotic pup parades, here are our top picks of things to do and see in the West Loop, Pilsen and Near West Side.
International Festival of Life at Union Park — The four-day fest, which is marking its 24th year in Chicago, celebrates the music, food and culture of the Caribbean, Africa, Latin America and the United States. Adult single-day pass $15-25, four-day pass $45-100, kids free. Noon-10 p.m. Friday-Monday, Union Park, 1501 W. Randolph St., Near West Side.
Patriotic Pup Parade — Neighbors are invited to dress their dogs in their patriotic best for a dog parade kicking off at University Commons. The event will include a photo op, best-dressed doggie contest and prizes. Meet at 9:50 a.m. Sunday at University Commons Management Office, 1070 W. 15th St., University Village.


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Home | Business in Action | January 10 | BESTECH
Innovation in Industrial Services and Products
The BESTECH story began 15 years ago in Sudbury, and in a very short time has become a well-known example of a company's successful evolution into a one-stop solutions provider in response to the needs of its clients.
IRJ had the opportunity to speak with Marc Boudreau, President and CEO of BESTECH, who reflected on the history of the company, and its journey to becoming a world-class innovative service and product supplier for the industrial markets.
Building a business to service a community
Boudreau and his business partner, Denis Pitre, started the company as young engineers wanting to build something of their own, back in 1995. "At the time, there was a need for automation companies in the north" Boudreau reflects. "So we started with automation, and that was the first division of the company.
Soon after we integrated technology in order to reduce our customers' costs and increase their productivity—back in '95 that was the main focus" he adds.
It was soon after that when the company had success attracting business outside of automation, and BESTECH's management decided to formalize their engineering division, bringing the company up to seven employees. "We had two divisions running for about five years, until we created our software development business four years later" Boudreau explains.
Developing divisions
BESTECH has never been a company to rest on its laurels. The company earned an air quality monitoring contract in Sudbury with two of mining's global powerhouses: Xstrata and Vale Inco. The company leveraged opportunities from these newly formed relationships. "We took the opportunity to set up an environmental division to meet the needs of our larger clients," Boudreau says, taking community and environmental focuses to a whole new level.
Demonstrating business sustainability in Sudbury, the environmental division blossomed and BESTECH technicians took up work in mining companies' facilities, calibrating equipment and keeping operating stations up and running.
Clearly, the environment and sustainability initiatives are not something BESTECH, or their customers, take lightly.
Sustainability—at the forefront of business
BESTECH has both internal and external policies embedded throughout an extensive Quality Analysis and Quality Assurance process, which the company uses to minimize impact on the environment in every project they take on. In addition, BESTECH is a firm believer in Business Process Management (BPM) tools, and uses these to reduce internal waste and optimize efficiency. BESTECH is a licensed retailer of the K2 BPM product, which assists their customers in improving internal efficiencies.
BESTECH offers a number of other environmental products, including Air Quality Monitoring Software, which is currently used in the Xstrata and Vale Inco facilities, and they also offer the innovative NRG1-ECO software (see page 52).
A new area of focus
In tandem with growing the environmental service division, the company developed its next focus: software. Providing Professional Services to their customers is one thing, but being able to provide a useable product is where Boudreau's eye has been for quite some time.
The company's latest efforts under their sustainability umbrella include creating the NRG1-ECO Consortium, which is a group made up of government, private and research-based organizations. This consortium works to establish efficient processes and approaches for the use of energy to maintain environmental sustainability with customers today and into the future.
"We now manufacture these software and hardware products, and we also have a construction division to support the manufacturing section of the business" he explains. BESTECH now has a staff compliment of over 70 engineers, software designers, automation specialists, project managers and support staff. Boudreau is careful to note that although several companies are in direct competition with BESTECH in certain areas, BESTECH's competitive edge comes from offering solutions and services, which is where the business has garnered strength since its humble beginnings. "In addition to offering a wide range of products and services, we're always looking for even more ways to improve our customers' productivity."
BESTECH is known for its innovation and high standards of excellence and has been recognized with the "Innovation" Award from Northern Ontario Business and the Sudbury Chamber of Commerce. BESTECH was also awarded the Make-It-Real Award for community involvement. In 2008, the company won the prestigious Bell Business Excellence Award as the 2008 "Company of the Year" by the Greater Sudbury Chamber of Commerce and demonstrated their legacy of community success.
A culture of success
Along with their awards and accolades over the years has come a great team. The strong management culture at BESTECH has encouraged a lot of young people to join the company, and that young culture contributes to the foundation of BESTECH. "It's a very dynamic environment," Boudreau says, "and we have a culture that's based on trust". Trust and a solid, hard-working staff are compliments to the sound business guiding principles BESTECH has developed over the years. Those guiding principles include; developing processes that lead to continuous improvement, self-discipline, commitment, and, of course, innovation. Bearing those principles in mind, the BESTECH staff is sure to succeed at any new venture before them. "We drive these principles home with our people, and our culture is based on them," Boudreau insists.
BESTECH is currently a world leader in their business areas. The company operates in an international headquarters from Sudbury, in addition to one in Timmins, and even plans to open a Latin-American office in 2010—hoping to provide enhanced localized service in these markets in the future. "The next two to three years," says Boudreau, "things are just looking really good for BESTECH and our clients."
Boudreau tells IRJ that BESTECH customers can expect much in the future, despite the affects seen on industry by the global recession. Based on the current industry demand for BESTECH's extensive services and product solutions, Boudreau expects that BESTECH products and services will be in high demand during 2010.
www.bestech.com
City of Brampton
Gateway to the World – Premier Selinger talks CentrePort

redpajama_set_name: RedPajamaCommonCrawl


Owned and operated by Daniel Apol, Apol's Landscape Maintenance, LLC, has been serving the Eastside from their Woodinville location since 1992. We will continuously strive to please you. Beginning with the first contact to when our uniformed employees leave your property, our crews will make your satisfaction their priority. Call me to discuss your landscaping needs.
Showed up on time. Yard cleanup was well done. I will be hiring them again in the future.
very accommodating and easy to work with.
Reliable about time and service. A bit Pricey. Instructions given to owner when we met (in case I wasn't home when crew came) were not fully conveyed to crew and if I hadn't been home, all the work I wanted done would not have been done.
It would not surprise me if being told what day to have service.
Dan was very professional and I was please with the end result.
Every time I need work done in my yard I simply call Apol's and speak with Dan and he knows exactly what I need. I have been using him for many years and I have never had any problems with anything. ALL the employees are extremely hard-workers and I trust them. Thanks guys!
Specific project was thatching, reseeding , etc. They did a great job. They all worked hard to get the job done in a timely manner. Very nice to work with. I highly recommend this company. I would hire them again.
They were came out promptly on short notice and did a good job.


We offer friendship and companionship through bespoke group holidays, days out and fun adventures.
Our activities are designed with the whole family in mind and they allow people to meet others in similar situations to themselves.
We offer significant financial assistance by subsidising our holidays and activities in order to make them more accessible to more families.
Fulfil the Wish is a registered charity which was founded in 2000 to provide activity and sightseeing holidays for children and young people who have lifelong and life-limiting disabilities.
We offer friendship and companionship through bespoke group holidays, days out and fun adventures. We provide clients with the opportunity to enjoy experiences together, to ease the pressure of caring for a special needs child and enjoy quality family time together: disability is not a barrier to participation, fun or friendship.
We are very appreciative of your donations. They help us keep running the best activities we can.


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Home » Fry Decided
Fry Decided
By William Goren on February 27, 2017
Posted in ADA, IDEA, Rehabilitation Act, Title II
Last week the United States Supreme Court came down with the decision in Fry v. Napoleon Community Schools, the oral argument of which I discussed here. A whole bunch of people have blogged on the case, but I thought I would share my thoughts here. The blog entry is divided into three categories: court's reasoning; concurrence reaoning; and takeaways. The reader will probably want to read all of it. It was a unanimous decision with Justice Kagan writing the decision for the court and Justice Alito and Justice Thomas writing a concurring opinion.
Court's Reasoning
Exhaustion is not necessary when the gravamen (legalese for substance), of the plaintiff's suit is something other than the denial, of the IDEA's core guarantee of a, "free appropriate public education."
An eligible child acquires a substantive right to a free appropriate public education once a state accepts IDEA's financial assistance.
IDEA is not the only federal statute protecting the rights of students with disabilities. Of particular relevance, are title II of the ADA and §504 the Rehabilitation Act.
Under title II of the ADA, public entities are required to make reasonable modifications to its policies, practices, or procedures when necessary to avoid such discrimination. Also, §504 of the Rehabilitation Act has also been interpreted by the courts as requiring reasonable modification to existing practices in order to accommodate persons with disabilities.
To fall within the standard where the IDEA requires exhaustion, a suit must first seek relief for the denial of a free appropriate public education because that is the only relief IDEA makes available.
If an accommodation is needed to fulfill the IDEA free appropriate public education requirement, under IDEA, the hearing officer must order relief. However, if that accommodation is not needed to fulfill the free appropriate public education requirement, the hearing officer under IDEA has no authority to order that relief even though other federal laws, such as title II of the ADA or the Rehabilitation Act might require the accommodation on one of those alternative grounds. The sole role of the IDEA hearing officer is to enforce the child's right to a free appropriate public education.
Where a suit is brought under a different statute and the remedy sought is not for the denial of a free appropriate public education, exhaustion of the IDEA processes is not required.
A school's conduct toward a child with a disability might injure that child in ways unrelated to her free appropriate public education, which would beaddressed by statutes other than the IDEA. Such a complaint seeking redress for harms independent of a free appropriate public education denial, does not subject itself to the IDEA exhaustion requirement because the only relief the IDEA makes available is relief for the denial of a free appropriate public education.
The key is the substance of the complaint and not any, "magic words.
IDEA protects only children and adolescents with respect to their schooling. On the other hand, title II of the ADA and §504 the Rehabilitation Act cover people with disabilities of all ages both inside and outside schools.
IDEA guarantees individually tailored educational services, while title II and section 504 promise nondiscriminatory access to public institutions. It is possible that the same conduct could violate all three statutes. Nevertheless, the statutory differences are sufficient so that a complaint brought under title II and §504 might seek relief for discrimination independent of the IDEA free appropriate public education obligation.
In figuring out whether the substance of the complaint involves something other than a free appropriate public education, one can look to several clues: A) could the plaintiff have brought essentially the same claim had the alleged conduct had occurred at a public facility that was not a school, such as a public theater or library?; and B) could an adult at the school, such as an employee or a visitor, have brought essentially the same claim? When the answer to both of these questions is yes, the complaint that does not expressly allege the denial of a free appropriate public education is also unlikely to be truly about that subject. If the answer to these two questions is no, then the complaint probably does concern a free appropriate public education.
In fleshing out ¶ 12, Justice Kagan gives several examples, including: a child in a wheelchair suing the school for discrimination under title II because the building lacks access ramps; a teacher striking a student with a disability; a child with a learning disability suing under title II for failing to provide remedial tutoring in mathematics; and later on in the opinion, the situation of a child suing for the right to use his or her service dog.
Besides the clues in ¶ 12 above, another signal that the substance of the suit is a denial of a free appropriate public education might emerge from the history of the proceedings. In particular, a court may consider that a plaintiff has previously invoked the IDEA formal procedure to handle the dispute-thereby, starting to exhaust IDEA's remedies before switching midstream. The plaintiff's initial choice to pursue that process may suggest that she is indeed seeking relief for the denial of a free appropriate public education with the shift to judicial proceedings prior to full exhaustion reflecting only strategic calculations about how to maximize the prospects of such a remedy. If there is a switch in processes, it is then up to the court to decide whether that switch reveals that the substance of the complaint is indeed the denial of a free appropriate public education and therefore, necessitates further exhaustion.
The Court of Appeals used the wrong standard by looking to see whether the injuries were free appropriate public education focused in nature. The standard that should have been used is what was the substance of plaintiff's complaint. Since information is lacking because the wrong standard was utilized, the court remanded the issue back to the Court of Appeals.
The plaintiff's complaint focused on equal access and nothing in the complaint suggest any implicit focus on the adequacy of the plaintiff's free appropriate public education.
Concurrence Reasoning (Alito and Thomas):
The clues offered by the court only makes sense if one assumes there was no overlap between the relief available under the IDEA and the relief provided by other laws, such as the Constitution, the ADA, and the Rehabilitation Act.
The court admits in its opinion that such overlap exists.
Since the clues only work in the absence of overlap, Justice Alito joined by Justice Thomas would not use them.
The clue of how the proceedings start is ill advised. After all, it is easy to imagine circumstances where the parent starts down the IDEA road and then changes course and files an action under the ADA or the Rehabilitation Act seeking relief that the IDEA cannot provide. It is possible that the parents might be advised by their attorney that the relief they were seeking under the IDEA is not available under that law but is available under another. Or, the parents might change their minds about the relief that they want, give up on the relief that the IDEA can provide, and turn to another statute.
Although the court provides these clues for the purpose of assisting the lower courts, Justice Alito joined by Justice Thomas was afraid that the clues may have the opposite effect by confusing and leading courts astray.
Takeaways:
My initial reaction is that I agree with Justice Alito and Justice Thomas regarding the clues section of the opinion. The laws certainly do overlap to quite a degree, especially when one considers that is that the rare IEP that does not have accommodations in it. Also, I also find it easy to imagine circumstances where parents, who very well may not be assisted by a lawyer or by an advocate at the initial stages, inadvertently start down the IDEA process before realizing that the IDEA process was not necessary in light of the facts being alleged. That said, to be fair to Justice Kagan, she did say that the court had an independent obligation to evaluate whether the switch revealed a complaint that at its core was about a free appropriate public education rather than something else. In essence, what Justice Kagan has done with the switch clue is to create a rebuttable presumption that the switch involved a complaint whose substance is about a free appropriate public education, which can be rebutted by a plaintiff showing to the contrary.
The decision is a big win for students with disabilities, but it is going to make the life of lawyers representing students with disabilities much more complicated. Now, the incentives are going to be for the school district to put everything and anything in the IEP so that it can rely on the IDEA processes needing to be exhausted first, especially with Justice Kagan's rebuttable presumption thrown in. On the other hand, if you are representing a student with a disability, you very well might want to consider having two plans for the student. One plan focusing on the free appropriate public education through the use of the IEP. Then, having a separate §504 plan focusing on all of the nonrelated reasonable modifications the student needs. That way, if something goes amiss with the §504 plan, you do not have to worry about the IDEA process. From a plaintiff's side this approach makes a great deal of sense. However, there may be some resistance as school districts are not used to having both IEP's and §504 plans simultaneously. Creating two separate plans simultaneously may be quite a complex task since, as mentioned above, it is the rare IEP that is focused on services only rather than a combination of services and accommodations. This also raises the question of whether the student with a disability can get by entirely with the § 504 plan rather than an IEP. That indeed may be possible in some cases but not in others.
From reading the tone of this decision and the oral argument in Endrew, which was discussed here, it is pretty easy to predict that the court is going to say in Endrew that schools will have to do something more than the minimum to meet their obligation under IDEA.
The rebuttable presumption also means that if an attorney does decide to go the route of not exhausting the IDEA process, it would be a good idea for the pleadings to clearly set forth what concerns would fall under the IDEA process and why the concerns of the claim being alleged are independent of that process. That task is made even easier if two simultaneous plans (IEP and §504), exist. This task is made more complicated by the fact that IDEA and title II of the ADA/§504 have different philosophies even though the term "free appropriate public education," is used by both IDEA and §504. IDEA is all about setting goals and seeing if progress is met towards those goals. Whereas, §504 and the ADA are about figuring out the reasonable modifications that enable the student with a disability to get to the same starting line as others.
I agree with Justice Alito and Justice Thomas that these clues are going to be locked in and that subsequent litigation is going to involve the application of the clues. I also agree that the opinion for the court may have underestimated the extent of the overlap between the laws and the complexity of disentangling that overlap.
It isn't unusual for school systems to issue the same packet of rights to parents for students with an IEP and for students with a §504 plan. While that may be a common practice, which was never supported by the law, it certainly isn't supported by the law now. This case makes it quite clear that the rights under §504 and the ADA are entirely different than the rights under IDEA. It will be interesting to see how school districts inform parents, if at all, of the separate rights available to them when it comes to IDEA and §504/ADA.
When a special education lawyer receives the case and it is possible that the accommodation/modification involved are §504/ADA focused rather than IDEA focused, the lawyer as a result of justice Kagan's rebuttable presumption, is going to have to make an election at the top as to whether to go through the IDEA process or go to the courts under §504/ADA.
Tags: §504, 504 plan, ADA, Endrew v. Douglas County school district, exhaustion, free appropriate public education, Fry v. Napoleon community schools, IDEA, IDEA exhaustion, IEP, reasonable modifications, rehabilitation act, service dog, special education, title II


Wayne O. Barten, 93, passed away Tuesday, August 1st, in Abilene. He was born August 26, 1923 in Elmo, the son of Henry and Hazel (Shank) Barten. Growing up in the area, Wayne attended local schools and graduated from Chapman High School with the class of 1941. On April 5, 1942 he married Marjorie Probasco in Navarre. Most all of their married life was spent in Abilene. Wayne was a World War II Army veteran having fought in the Battle of the Bulge as a tank operator. He was employed by the gas department of KP&L until retiring in 1985. Marjorie preceded him in death in 2015. Wayne enjoyed spending time with friends and family, gardening, singing and traveling. He was also preceded in death by his parents and a sister, Cleo Engle. Wayne was a member of the Emmanuel Church.
He is survived by: daughter, Susan (Gary) Longenecker of Abilene; two sons, Greg (Kathy) Barten of Abilene and Steve (Pam) Barten of Lander, Wyoming; sister, Wilma Andres of Chapman; four grandchildren and fourteen great-grandchildren.
Wayne had requested a private family burial. The family suggests memorial contributions in his name be made to the Hospice of Dickinson County or the Emmanuel Church. They may be left at or sent in care of the Danner Funeral Home POB 758 Abilene, Kansas 67410.


Is Jon Corzine "Too Big To Be Indicted"?
Any manger—let alone a chief executive officer—worth his salt should be laser focused on protecting the interests of his constituents, including shareholders, creditors, and employees.
Jon Corzine is not worth his salt or much of anything else these days as he protected none of his constituents.
While Jon Corzine may have fancied himself as a titan in both political and financial circles, the simple fact is the demise of the once renowned firm MF Global on his watch, relegates Corzine to the rubble with other outsized egos humbled and humiliated by Mr. Market.
See Jon, while Uncle Sam bailed out some of your pals a few years back, you and MF Global did not run in those circles.
I find it interesting that many have written that Corzine was looking to resurrect his financial career while attempting to build a firm in the image of his former employer Goldman Sachs. The fact is the efficacy of the Goldman business model these days is very much in question in the midst of the current economic crisis.
Corzine massively miscalculated the liquidity and counterparty credit risks and lessons which have been on display for all to see and study over the last three years. Is Corzine stupid? I don't think so. Is Corzine blind? I do believe he is. Blinded by what? While I do not know Jon Corzine personally, I have seen and known many like him on Wall Street, who are literally blinded by their own egos.
An outsized ego improperly managed is destructive for it will bring a blindness to understanding and properly managing risk. I firmly believe the reality of outsized egos brought down both Bear Stearns and Lehman Brothers. The management of those firms have tried to save their own legacies over the years. Corzine will likely try to do the same.
While MF Global was certainly not too big to fail, the real question before those in Washington and on Wall Street is whether Jon Corzine is 'too big to be indicted'? Nobody is supposed to be that big but in light of the ongoing incestuous relationship between Wall Street and Washington, is there any doubt that many are considered to be "that big".
Customer funds are supposed to be sacrosanct. If Corzine and team violated the integrity of these funds which it appears they did, then I believe the fullest extent of the law should be applied. Will it?
Let's forget about Corzine and redirect our focus to those who made their living at the firm. How many thousands of innocent individuals and families will now suffer because of the blindness and egos of Corzine and his team?


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'A Star Is Born' shines on Spotify
If you're still singing along with "Shallow," or weeping quietly to "Always Remember Us This Way," you're not alone — A Star Is Born has been a runaway hit in theaters. The Warner Bros. film is the #8 highest-grossing R-rated movie of all-time, and it has surpassed $350M worldwide to date, because it demands to be seen and heard on the big screen. (Not to mention, its music has been nominated for 4 Grammys and a Golden Globe for Best Song.) That's why Warner Bros. teamed up with Spotify to make their message larger-than-life on the platform with a new 3D audio-video campaign.
"For A Star Is Born, we were looking for breakthrough opportunities that remained true to the film's themes and tone," said Andrew Hotz, EVP of Worldwide Digital Marketing at Warner Bros. "Whereas many opportunities were off-brand or gimmicky, we felt this video format with Spotify used technology in a creative and engaging way without detracting from the tone of the film and marketing campaign."
The ad featured the music of Bradley Cooper's "Black Eyes" and immersed the audience in a live concert experience. We spoke to Spotify's Global Head of Industry for Entertainment, Andi Frieder, about how the campaign came to life.
Q: What sparked the idea for Warner Bros. to go beyond a normal ad campaign for A Star Is Born and do something more ambitious?
As we all know, today's content landscape is an extremely cluttered place to introduce any story. So we wanted to break through in a way that didn't just cut through the noise, but also showed proper respect to the quality of the film. That's why we decided to debut this new video technology — because it was able to mirror the surround sound experience of the movie theater and remind users of the magic that would await them on the big screen.
In a way, there's a natural escalation from the Spotify ad to the movie scene: We delivered a video spot on our platform, for a film we wanted them to see in a theater, that was actually depicting a live concert in an amphitheater.
Q: How did Spotify help Warner Bros. create the 3D audio component of their video campaign?
A few years back, we were looking for ways to enrich our audio storytelling capability and developed a specialized production technique that could deliver audio to the listener in a way where the ears and brain interpret the sounds as being omnidirectional. This allows placement of sound not just to the left and right, but above, behind, and in front of the listener in seemingly 3D space.
We decided to test this merging of sight and 3D sound for the first time in the U.S. with Warner Bros. and our production partner Red Apple. We produced two different spots for A Star Is Born that ran in in nine markets across the globe. And we're also using the same technology to promote the upcoming Warner Bros. release Aquaman.
"We understand our users as the multi-faceted people they actually are in the real world — and brands have the opportunity to tap into this every day with us."
Andi Frieder, Spotify's Global Head of Industry for Entertainment
Q: How did the campaign break through the clutter and reach the movie's audience in an innovative way?
Ultimately, the goal was to put a marketing asset into the world that simulated the real human experience we were trying to convince our users to have live in theaters.
And the results were clear — the immersive campaign was effective. It drove significant increases across all brand metrics, including an 18% lift in Ad Recall and a 12% lift in overall Movie Awareness, according to our measurement partner, Nielsen.
Diving further into the results, we saw even stronger performance with a couple of key demos: 18- to 20-year-olds and females. We also saw strong performance among users who saw the campaign more than three times. Essentially, the more times people saw the ad, the more effective it was!
Q: How can other brands and marketers work with Spotify to create more innovative campaigns?
Think about creative ways to tap into our streaming intelligence. Whether it's through real-time cultural resonance or intimate personalization, we understand our users as the multi-faceted people they actually are in the real world — and brands have the opportunity to tap into this every day with us.
Plus, we're starting to think about how audio campaigns, and audio content, can work across a wider range of devices. Audio isn't just about music on a smartphone anymore. We've seen consistent growth on the platform of streaming in the car and on smart speakers — which means there are more ways than ever before for brands to reach millions of engaged fans.
We'd love to work with more brands on innovative experiences, using insights from our streaming intelligence to power a campaign that makes sense for them, just as we did for Warner Bros. in this instance.
Additional CA Privacy Disclosures


This month, we're giving YOU thanks!
Thanksgiving is approaching and we have been reflecting on who we are thankful for. Without a doubt, all the staff at ISA are grateful for you. You purchase group travel medical insurance from us time and time again as well as recommend us to your friends, family, and colleagues who need high quality travel insurance.
We are grateful for your referrals and want to show our appreciation by offering you a $25 Starbucks gift card for each new referral you share in November*. Do you know a school, church, organization or business that would benefit from our international travel insurance plans? Fill out this form and we will promptly connect and introduce ourselves and you'll enjoy a couple of Pumpkin Spice Lattes on us.
GILBERT June 9, 2016 — Insurance Services of America has been selected for the 2016 Best of Gilbert Award in the Business Services category by the Gilbert Award Program.
Each year, the Gilbert Award Program identifies companies that we believe have achieved exceptional marketing success in their local community and business category. These are local companies that enhance the positive image of small business through service to their customers and our community. These exceptional companies help make the Gilbert area a great place to live, work and play.
Various sources of information were gathered and analyzed to choose the winners in each category. The 2016 Gilbert Award Program focuses on quality, not quantity. Winners are determined based on the information gathered both internally by the Gilbert Award Program and data provided by third parties.
The Gilbert Award Program is an annual awards program honoring the achievements and accomplishments of local businesses throughout the Gilbert area. Recognition is given to those companies that have shown the ability to use their best practices and implemented programs to generate competitive advantages and long-term value.
The Gilbert Award Program was established to recognize the best of local businesses in our community. Our organization works exclusively with local business owners, trade groups, professional associations and other business advertising and marketing groups. Our mission is to recognize the small business community's contributions to the U.S. economy.
Americans traveling abroad should beware of potential terror attacks aimed at them in Europe, Asia, Africa and the Middle East by al-Qaeda or its affiliated groups, the U.S. State Department said in a global travel alert.
"Extremists may elect to use conventional or non-conventional weapons, and target both official and private interests," the department said yesterday. Potential targets may include high-profile sports events, residences, businesses, hotels, clubs, restaurants, schools, places of worship, shopping malls and tourist destinations where Americans congregate.
Review your personal security plans, remain aware of your surroundings, including local events, and monitor local news media for updates. Maintain a high level of vigilance, take appropriate steps to enhance your personal security, and follow instructions of local authorities.
We strongly recommend that U.S. citizens and nationals traveling to or residing in Turkey enroll in the State Department's Smart Traveler Enrollment Program (STEP). U.S. citizens and nationals without Internet access may enroll directly with the nearest U.S. embassy or consulate. Enrolling signs you up to receive updated information about areas abroad and makes it easier for the U.S. embassy or consulate to communicate with you or your designated contact in case of emergency.
Current information on safety and security can also be obtained by calling 1-888-407-4747 toll-free in the United States and Canada or a regular toll line at 1-202-501-4444 for callers from other countries. These numbers are available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays).
You can also stay up to date by bookmarking our Bureau of Consular Affairs website, which contains the current Travel Warnings and Travel Alerts as well as the Worldwide Caution. Follow us on Twitter and the Bureau of Consular Affairs page on Facebook as well. Download our free Smart Traveler App, available through iTunes and the Google play market to have travel information at your fingertips.
The U.S. Embassy in Ankara is located at 110 Ataturk Boulevard, tel: (90)(312) 455-5555, fax (90)(312) 468-6131.
The U.S. Consulate General in Istanbul is located at 2 Uçsehitler Sokaği, 34460, Istinye, Sariyer, tel: (90)(212) 335-9000, fax (90)(212) 335-9102.
The U.S. Consulate in Adana is located at 212 Girne Bulvarıı, Güzelevler Mahallesi, Yüreğir, tel: (90)(322) 346-6262, fax (90)(322) 346-7916.
The Consular Agency in Izmir can be reached at tel: (90)(232) 464-8755, fax (90)(232) 464-8916.
As summer approaches, churches across the nation prepare to send out teams for their summer mission trips. Those who are going on trips typically go through some type of training, but as flawed individuals, it's more than easy to make some mistakes. Some are only minor and will lead to a good laugh and a great story to bring home; however, there are others that can have more collateral damage than meets the eye, and could prevent the work we do as missionaries from being effective.
Here is my list of eight important things that I have learned from doing mission work and I hope that it helps all of us going on trips this summer to have a greater impact, realistic mindset, and do the least damage to others and ourselves.


We all get to a point in our crazy busy lives when our senses start to become a little faint. As we're surrounded nonstop by digital stimulation, we become numb to the outside world and to the inspiration that's just at the tip of our sight, smell, touch, hearing and taste.
On a trip to Bora Bora and Moorea last year, my husband and I took the opportunity to let go of our digital lives and immerse ourselves in the silence of the wind, the colors of the sea and the warmth of the rays. It was the perfect place to rest, recharge and re-energize.
As designers, we're constantly connected to our computers. Looking at websites, blogs, and Instagram are nice places to find inspiration, but it's also important to soak up the artistry that is the world around us. When you stop and take the time to see, touch, taste, hear and smell what's right in front of you, the inspiration is endless.


Philippines' yacht clubs and marinas – Superyachts News, Luxury Yachts, Charter & Yachts for Sale.
While sailing in the Philippines you might need to visit the nearest yacht club, marina, or sailing club for refuelling, resupplying or just taking a break. Knowing that the Philippines comprises 7017 islands, yacht clubs and marinas are still in limited number and far apart.
In order to help you prepare your sailing cruises, Europa Yachts Philippines keeps an updated list of the operating yachts clubs, marinas and sailing clubs around the Philippines and the services they offer. We would like to share this useful information with you and will keep you informed about any update on new marina projects or services offered to help you enjoy sailing around the Philippines!
Accepts visitors; club membership suggested for medium & long-stay berthing.
Club membership absolutely required for medium & long-stay berthing. ONLY open to club members and reciprocal club members.
Accepts visitors; short-stay berthing, club membership required for medium & long-stay berthing.
Accepts visitors; offers short, medium & long stay berthing.
Probably the most active sailing club in the Philippines.
Club Facilities: The SAGS sailing club uses the boathouse of the Subic Bay Yacht Club and The Lighthouse Marina Resort Hotel for their activities.
Accepts visitors; SAGS is a sailing club only and has no berth or services to offer.
Accepts visitors; full club membership required for regular use of the facilities.
Accepts visitors; club membership recommended for short, medium & long-stay berthing.
Accepts visitors; club membership recommended for medium & long-stay mooring.
Club Facilities: Anchorage, moorings, dinghy-dock, pub-grub.
Accepts visitors; offers short, medium & long-stay berthing.
Accepts visitors; offers short, medium & long stay moorings.
Club Facilities: Moorings. Showers, accommodation and restaurant, water, Internet, fuel and mechanic.
Accepts visitors; offers short, medium & long stay mooring.
This is only a well protected bay with moorings operated by the local authorities. It occasionally houses several dozens of yachts at once.
Club Facilities: Boat retrieval, boat/trailer hardstand storage, maintenance; showers, power and water. There is a few adjacent beach resorts.
Accepts visitors; offers short, medium & long-stay hardstand boat storage.
A major project is under preparation in Manila. A large marina is meant to be built between the mall of Asia and Solaire as a multi-purpose bay city. Details about the project are not revealed yet.


If you cannot discover a computer that fits your specific necessities, why not design your personal? Take up course content material easily with clearly structured information, helpful illustrations and palms on video tutorials. A CPU with multiple cores will be capable to run a number of completely different programs and the most process-heavy games on completely different cores, making your computer extra fast and environment friendly.
The $500 House Workplace LAPTOP is a PC which will probably be devoted to your workplace suite software program, which is right for phrase processing, operating accounting and bookkeeping software program, watching DVD's, searching the internet and gaming on the lower degree.
The form of the leads on the01uf capacitors is by far the most annoying part of the construct. Our easy-to-follow tutorials will guide you thru the construct of your LAPTOP. Your new system will be working very quickly. Which means the person of the computer builds the computer specifically with the Mac OS in mind.
After only one hour with Prison Architect, you will get the sense you are doing one thing incorrect together with your gaming time. Potential swaps: When you actually do want the final word in gaming performance then the GTX 1080 Ti is the plain improve. These are typically situated together on the motherboard near the entrance of the case.
Cons: Keyboard delete secret's arduous to seek out, in comparison with all the other thinkpads we have now owned. Now that your motherboard & CPU have been selected computerized, determine how a lot RAM (Random Entry Reminiscence) your pc will need in addition to what pace (Mhz/Ghz).
The chosen funds also ought to match the wants for the PC. If a easy web-browser LAPTOP is needed, a multi-GPU gaming rig is pointless. And discovered pc motherboards have two energy connectors, one for the board (which we found) and one for the CPU (which is not obvious).
Probably the most essential elements of the pc are the CPU, motherboard, reminiscence (RAM), energy provide, and arduous drive (or SSD). At $49 , we still keep that it's grossly overpriced (those $eight cables at will accomplish the identical goal, we promise ), however the build quality was certainly prime notch and the image / audio high quality was flawless.
The primary item we obtained, the computer case from Newegg, came in a box with the white model. The more powerful your intended desktop pc shall be, the more seemingly you will be able to save money by constructing your individual. The motherboard is a platform that holds all the parts and components in a pc.


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Blu-ray: Worth a Look
District 13: Ultimatum
Review Date April 27th, 2010 by Nate Boss
Overview - Leito and Damien are back to the same Parisian ghetto, this time a few years later, and are once more battling the bad guys and the clock to save the city from catastrophe.
Worth a Look
Technical Specs: Blu-ray
BD50 Dual Layer Disc
Video Resolution/Codec: 1080p/VC-1
French DTS-HD Master Audio 5.1
Subtitles/Captions: English, English Narrative (default), English SDH, Spanish
Special Features: Making of featurette
Production diary segments
Movie Studio: Magnolia
Before I was Nate Boss, High-Def Digest reviewer, I was Nate Boss, High-Def Digest review reader. I made a habit of basing purchase decisions on the recommendations of the review staff, especially on titles I had never seen or heard of. That is how I first heard of 'District B13' ('Banlieue 13'), the action flick featuring the Parkour "fighting" style, which was written by French marvel Luc Besson. One blind buy and viewing later, and I was left marveling. The chase sequence in 'Casino Royale' was short and effective, but it didn't hold up one iota compared to the extreme physical prowess on display from David Belle, the man credited for creating Parkour. The story was somewhat stupid and skimpy, but much like many other action flicks, it was merely an excuse for extremely intense fight scenes, and the variation on the buddy cop genre found in the film, with the acrobatic leaping and evasive tactics of Leito (Belle) and the powerful one man army fighting style of Damien (Cyril Raffaeli), left me wanting more.
Five years after the creation of the original, a sequel was made, in 'District 13: Ultimatum' (also known as 'D13:U'). A sequel that felt more like a rehash of the original, with few original bones in its body. Considering the original, that's not necessarily a bad thing.
The Paris of 2013 is the past, as it has been three years since the events that found Leito and Damien saving District 13 from government annihilation. The district, which is isolated from the rest of France by thick walls, hasn't changed much in that time, as an eccentric group of five warlords is now run varying areas. Tensions are as high as they've ever been.
After cleaning the streets on yet another undercover job, Captain Damien Tomaso is framed for heroin possession, and his desperate call to Leito to help him escape has made the free running freedom fighter a target. A frame job by crooked cops has the government ready to wipe District 13 off the map...again. The odd couple must again reteam, unravel the Department of Internal State Security's scheme, and save France, by saving the worst ghetto in the country.
Much like the repeated sequels in many horror series, this second time through is fairly redundant, almost like a greatest hits compilation. Damien's fight in the underground casino is replaced by a drug haven club, with identical results: backup that is more back than up, with numerous gangs replacing the singular one. Leito's egress from his home? Repeated, only with cops replacing thugs. The threat? Again, the same, destruction by the government, only this time, a shady subgroup of said government. With five years between films, and three within the films, is it so much to ask for something new?
'D13:U' is again short on story, thankfully, as it's stale, lame, and overly convenient. This time around, though, the politics are more American, in a sense, as the entire film feels like an Iraq War (part 2, not the much shorter original) parallel, which is probably less than coincidental. The DISS faction of the government wants to destroy an area, and remake it in their image, through their preferred contractor, Harriburton, which sounds like an Engrish iteration of Halliburton, whose ties to the Bush administration are well documented. The entire third act of the film is so thick in analogy and political statement that it almost overshadows the action.
Almost. Thankfully, 'D13:U' has one saving grace, and that's the fantastic action that may feel lifted from the original, but even with the strange sense of familiarity the antics of Leito and Damien could save damn near even the worst of plots. The complementary styles employed by the two characters are much like a meeting of the East and the West, and the result is a perfect fusion of talent and pace, with both combatants showing extreme control and premeditation in their movements, even if they appear anything but thought out. The finale may focus more on the varying populating elements of District 13, but make no mistake: the only point of this film, and its predecessor, is to kick serious ass, and wow audiences with the powerful physical displays put forth by both leads. Don't go into this expecting to be intellectually stimulated in any way, just sit back and enjoy the ride.
1080p/VC-1
English, English Narrative (default), English SDH, Spanish
Making of featurette
With a 1080p VC-1 encode (2.35:1) in hand, 'D13:U' is ready to take names, kick ass, take ass, kick names, and show off some ugly beauty, and beautiful ugliness. It's not demo material, but this little-film-that-could can sure wow em.
Colors are bright, skin tones proper (with only the occasional splotch), and tinkering (edge work or noise reduction) don't appear to have been used. Black levels are accurate, though delineation is a bit sub-par, with some crushing. Detail is solid, with nice details in each character, a menagerie of stubble, scars, age, and tattoos. Not all is well, though, as the picture can go soft in excessive SFX shots, especially the zoom shots, while random bits in the film can randomly look blurry from time to time. Noise is a problem, though it isn't extreme, and reds are too fuzzy for my tastes.
The audio for 'D13:U' is about as subtle, and delicate, as a sledgehammer to the groin. Apparently I enjoy said act, as the DTS-HD Master Audio 5.1 mix was a bumping experience, to say the least.
The disc defaults to the English track, with English Narrative subtitles. A quick switch to French, and standard English subtitles makes the experience all the more authentic (in real life, people who speak French have floating words around them in English...), and there is no loss, as each language is given the same treatment, dual lossless mixes. If only the 'Ultimate Force of Four' had this attribute, it may have actually been ultimate.
The sound design for 'District 13: Ultimatum' sounds the same the moment it starts as it does the moment it ends. In fact, there are very few times when it actually isn't uniform. By uniform, I mean loud like a screeching 'Twilight' fan getting to touch Robert Pattinson's new moon. Bass levels are amazingly intense, and constant. Even at somewhat acceptable volume levels, the thunderous, bellowing lows from the subwoofer are likely to draw a complaint or two. From neighbors, not viewers. Range is hardly stunted, as there are some screaming highs to go along with the low-as-hell lows, with explosions (that rock the house!) taking on a bit of both, to give a truly fantastic experience. Motion feels forced and somewhat clunky, the few times it is really in use.
So, with all that praise, why not a higher score? Dialogue. It can, at times, be pretty easy to hear through the bass-heavy soundtrack, but it can also be completely drowned out in a burlap sack. It gets indistinguishable at moments, and even the news broadcasts, which aren't beneath heavy music, are completely absorbed. This is a film that owners of high end audio gear will get one hell of a kick out of, don't get me wrong, and it certainly isn't a film to play in the late hours. Unless you enjoy getting noise complaints. Then, by all means, let 'er rip.
Making of 'District 13: Ultimatum' (SD, 26 min) - In French, with English subtitles. The actors acknowledge there's no big change between films, while cast and crew discuss the film, from concept through realization, as the film was made in Belgrade. We learn each half of the dynamic duo cast the stuntmen for their respective styles, get spotlights on both leads, direction, vehicular stunts, and background characters. All in all, this feature covers a lot of ground, not lingering too long on any topic. Definitely worth a watch.
Production Diary (SD, 34 min) - In French, with English subs. This feature is a nice compliment to the "making of" extra, not going in depth, but providing an on-set experience on the production. It plays out much like a compilation of webisodes, each given an episode number (and corresponding chapter break). There isn't much to learn, really, but it is nice to see the film being made, and the techniques employed.
Music Video (SD, 3 min) - A video for Alonzo's Determine, with those funny little accent marks over the first and last "e" that I'm too lazy to type out. French rap, mixed with "mother fucker" for good measure. It's also amazingly skimpy sounding, compared to the music in the film. Lossless 5.1 versus lossy 2.0 will do that...
Deleted/Extended Scenes (SD, 9 min) - The hallway fight is extended (with some humor in the fight) by about fifteen seconds, yet the scene itself runs over five minutes (in other words, you'll have to pay attention to find the cuts), the invasion of the government building is prolonged as well in a few areas featuring the gang leaders, and we get a little bit more of the painting fight, as these deleted moments are pure fight scenes. While the hallway cuts could have fit in the film just fine, the way the invasion is shown, redundantly with random small encounters, we should be thankful for their exclusion.
HDNet: A Look at 'District 13: Ultimatum' (HD, 4 min) - In English (le shock!), this feature is pure EPK, proclaiming 'D13:U' "even better than the original," mixing clips with uninspired narration. Avoid it.
Also From Magnolia Home Entertainment Blu-ray - While there is no trailer for 'D13:U,' you can review all the trailers that play before the menu. Weak sauce, Magnolia.
If you haven't already seen 'District B13,' what are you waiting for? Viewing the sequel without first seeing the superior original is like only watching the 'Star Wars' prequel trilogy over and over, without experiencing the story that made the second series possible. 'D13:U' is far from original, and is more a rehash than anything else, but it's still better than plenty of films made today. Belle and Raffaeli are a great duo, as Damien and Lieto kick Riggs' and Murtaugh's saggy asses without much effort. Magnolia's Blu-ray release has over-the-top audio, solid video, and an average supplement set. Fans of the original will find plenty to enjoy in this second go round.


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INNOVATE Corp. Announces Second Quarter 2022 Results
PDF Version 301.4 KB
- Infrastructure: DBM Global delivers revenue of $382.1 million in the second quarter driven by continued strength at Banker Steel and robust demand in the construction market -
- Life Sciences: MediBeacon's IDE application accepted by the FDA; begins its U.S. Pivotal Study -
- Spectrum: Broadcasting maintains focus on adding capacity and optimizing performance -
NEW YORK, Aug. 03, 2022 (GLOBE NEWSWIRE) -- INNOVATE Corp. ("INNOVATE" or the "Company") (NYSE: VATE) announced today its consolidated results for the second quarter.
(in millions, except per share amounts) Three Months Ended June 30, Six Months Ended June 30,
2022 2021 Increase / (Decrease) 2022 2021 Increase / (Decrease)
Revenue $ 392.2 $ 243.8 60.9 % $ 805.0 $ 415.6 93.7 %
Net loss attributable to common stock and participating preferred stockholders $ (13.6 ) $ (23.7 ) 42.6 % $ (27.2 ) $ (11.5 ) (136.5 )%
Diluted loss per share - Net loss attributable to common stock and participating preferred shareholders $ (0.18 ) $ (0.31 ) 41.9 % $ (0.35 ) $ (0.15 ) (133.3 )%
Total Adjusted EBITDA(1)(2) $ 12.1 $ 6.5 86.2 % $ 23.6 $ 7.5 214.7 %
(1) Reconciliation of GAAP to Non-GAAP measures follows
(2) Note that Total Adjusted EBITDA excludes results for discontinued operations
"INNOVATE's strong financial performance in the second quarter is a testament to continued momentum across each of its best-in-class operating segments as well as the team's relentless focus on the execution of our long-term strategy to drive shareholder value," said Avie Glazer, Chairman of INNOVATE. "Infrastructure revenue grew 65% year-over-year in the second quarter and has been a consistent cash flow generative business. At Life Sciences, MediBeacon began its U.S. Pivotal Study, marking a key milestone in the development and commercialization of its kidney monitoring technology. Lastly, Spectrum continues to make progress optimizing operations despite short-term challenges in the OTA market. We remain optimistic about the strategic positioning and long-term value of each of our three operating segments for the rest of 2022 and beyond."
"We are very pleased with our second quarter results" said Wayne Barr, Jr., Chief Executive Officer of INNOVATE. "We continue to be impressed with the performance of DBM Global, as we continue to capitalize on positive market dynamics and strategically leverage DBM's broader geographic influence. In Life Sciences, we continue to advance toward the commercialization of MediBeacon's innovative kidney monitoring technology and at R2, our expanded sales team is focused on driving growth in new products. At Spectrum, we completed all their station builds targeted for this year. We believe that the scale of Spectrum's assets combined with the demand for a national distribution platform will create significant value in the near future. Overall, we have made significant progress across our operating segments."
Second Quarter 2022 Highlights and Recent Highlights
The Company achieved Revenue and Adjusted EBITDA growth of 60.9% and 86.2%, respectively.
DBM Global Inc. ("DBM Global") achieved strong revenue in the second quarter, driven by Banker Steel and robust demand in the commercial steel fabrication and erection markets.
For the second quarter of 2022, DBM Global reported revenue of $382.1 million, an increase of 64.7% compared to $232.0 million in the prior year quarter. Net Income was $6.8 million, compared to $1.4 million for the prior year quarter. Adjusted EBITDA increased to $20.9 million from $13.9 million in the prior year quarter.
DBM Global's total backlog decreased to $1.5 billion as of June 30, 2022, slightly down from $1.6 billion as of December 31, 2021. Taking into consideration awarded, but not yet signed contracts, backlog would have been approximately $1.7 billion at the end of the second quarter of 2022, compared with $1.9 billion as of December 31, 2021.
R2 Technologies, Inc. ("R2") has shipped 171 GLACIAL devices globally in 2022.
The FDA accepted MediBeacon Inc.'s ("MediBeacon") Investigational Device Exemption (IDE) application and, on June 26, 2022, MediBeacon initiated its Transdermal GFR Measurement System FDA Pivotal Study.
All 24 new station builds targeted for 2022 have been built and are now on air, including the last two builds in Bangor, ME, which have received Canadian regulatory approval and are operating today. Broadcasting owns and operates 249 stations that cover 105 designated market areas (DMAs).
For the second quarter of 2022, Broadcasting reported revenue of $9.1 million, a decrease of 14.2% compared to $10.6 million in the prior year quarter. The decrease was primarily driven by lower advertising revenue and a decline in paid programming.
For the second quarter of 2022, Broadcasting reported Net Loss of $5.7 million compared to $1.1 million in the prior year quarter. Adjusted EBITDA was $0.4 million, compared to an Adjusted EBITDA of $2.7 million in the prior year quarter.
Second Quarter Financial Highlights
Revenue: For the second quarter of 2022, INNOVATE's consolidated revenue from continuing operations was $392.2 million, an increase of 60.9% compared to $243.8 million for the prior year quarter. The increase in revenue was due to contributions from the Company's Infrastructure segment.
REVENUE by OPERATING SEGMENT
(in millions) Three Months Ended June 30, Six Months Ended June 30,
Infrastructure $ 382.1 $ 232.0 $ 150.1 $ 784.3 $ 393.3 $ 391.0
Life Sciences 1.0 1.2 (0.2 ) 1.8 1.2 0.6
Spectrum 9.1 10.6 (1.5 ) 18.9 21.1 (2.2 )
Consolidated INNOVATE $ 392.2 $ 243.8 $ 148.4 $ 805.0 $ 415.6 $ 389.4
Net Loss: For the second quarter of 2022, INNOVATE reported a Net Loss attributable to common stock and participating preferred stockholders of $13.6 million, or $0.18 per fully diluted share, compared to a Net Loss of $23.7 million, or $0.31 per fully diluted share, for the prior year quarter. The decrease in the Net loss was driven primarily by the contribution from Banker Steel, which was acquired by the Infrastructure segment on May 27, 2021, higher gross profit from higher sales at the fabrication and erection business, as well as the unrepeated loss on debt extinguishment in the comparable period as a result of the DBM Global refinancing, which coincided with the Banker Steel acquisition. The decrease was also attributable to the Non-operating Corporate segment, which included an accrued settlement for the former CEO in the comparable period and decreases in legal fees driven by the conclusion of extraordinary projects such as CEO separation and 2021 Board-directed projects. This was partially offset by certain drivers in the Spectrum segment such as asset impairments, reductions in Network advertising revenue due to a decreased footprint and declines in paid programming, as well as higher support service fees and new royalty expenses for the Azteca business, which went into effect Q1 2022, along with increases in tower maintenance and utilities as a result of additional station builds throughout 2021.
NET LOSS by OPERATING SEGMENT
Infrastructure $ 6.8 $ 1.4 $ 5.4 $ 12.9 $ 1.4 $ 11.5
Life Sciences (5.3 ) (4.3 ) (1.0 ) (9.4 ) (8.5 ) (0.9 )
Spectrum (5.7 ) (1.1 ) (4.6 ) (9.1 ) (5.5 ) (3.6 )
Non-operating Corporate (9.5 ) (19.2 ) 9.7 (20.8 ) (50.0 ) 29.2
Other and Eliminations 1.3 1.2 0.1 1.6 1.3 0.3
Net loss attributable to INNOVATE Corp., excluding discontinued operations $ (12.4 ) $ (22.0 ) $ 9.6 $ (24.8 ) $ (61.3 ) $ 36.5
Net income from discontinued operations — (1.5 ) 1.5 — 50.4 (50.4 )
Net loss attributable to INNOVATE Corp. $ (12.4 ) $ (23.5 ) 11.1 (24.8 ) (10.9 ) (13.9 )
Less: Preferred dividends and deemed dividends from conversions 1.2 0.2 1.0 2.4 0.6 1.8
Net loss attributable to common stock and participating preferred stockholders $ (13.6 ) $ (23.7 ) $ 10.1 $ (27.2 ) $ (11.5 ) $ (15.7 )
Adjusted EBITDA: For the second quarter of 2022, Total Adjusted EBITDA, which excludes discontinued operations, was $12.1 million, compared to Total Adjusted EBITDA of $6.5 million for the prior year quarter. The increase in second quarter Adjusted EBITDA can be attributed to the contribution from Banker Steel at the Infrastructure segment, which was acquired on May 27, 2021, as well as from the fabrication and erection business as a result of larger jobs with increased profits in the current year. The increase was due to settlement expense for the Company's former CEO accrued in the prior period, as well as decreased legal expenses at the Non-operating Corporate segment. The increase was partially offset by increases in G&A expenses at the Infrastructure segment due to the acquisition of Banker Steel, increases in salaries and wages, increases in travel expenses and increases in professional fees at the Infrastructure segment, as well as lower contribution at the industrial maintenance and repair, and construction modeling and detailing, businesses. The increase in Adjusted EBITDA was also partially offset by decreased advertising revenue at the Azteca network driven by a decreased footprint, declines in paid programming, an increase in expenses at the Azteca network as a result of higher support service fees and royalty expenses, which started in the first quarter of 2022, and an increase in station costs as a result of new station builds at the Spectrum segment; and increased expenses at the Life Sciences segment driven by MediBeacon as the Pivotal Study commenced in the second quarter.
ADJUSTED EBITDA by OPERATING SEGMENT
2022 2021 Increase / (Decrease) 2022 2021 Increase/
Infrastructure $ 20.9 $ 13.9 $ 7.0 $ 41.4 $ 25.2 $ 16.2
Life Sciences (7.5 ) (6.1 ) (1.4 ) (13.3 ) (12.3 ) (1.0 )
Spectrum 0.4 2.7 (2.3 ) 1.7 3.5 (1.8 )
Non-operating Corporate (3.4 ) (5.7 ) 2.3 (8.0 ) (9.7 ) 1.7
Other and Eliminations 1.7 1.7 — 1.8 0.8 1.0
Total Adjusted EBITDA $ 12.1 $ 6.5 $ 5.6 $ 23.6 $ 7.5 $ 16.1
Balance Sheet: As of June 30, 2022, INNOVATE had cash and cash equivalents, excluding restricted cash, of $24.9 million compared to $45.5 million as of December 31, 2021. On a stand-alone basis, as of June 30, 2022, the Corporate segment had cash and cash equivalents of $3.6 million compared to $22.0 million at December 31, 2021.
INNOVATE will host a live conference call to discuss its second quarter 2022 financial results and operations today at 4:30 p.m. ET. The Company will post an earnings supplemental presentation in the Investor Relations section of the INNOVATE website at innovate-ir.com, to accompany the conference call. Dial-in instructions for the conference call and the replay follows.
Live Webcast and Call. A live webcast of the conference call can be accessed by interested parties through the Investor Relations section of the INNOVATE website at innovate-ir.com.
Dial-in: 1-877-704-4453 (Domestic Toll Free) / 1-201-389-0920 (Toll/International)
Participant Entry Number: 13731314
Conference Replay*
Conference Number: 13731314
*Available approximately two hours after the end of the conference call through August 17, 2022.
About INNOVATE Corp.
INNOVATE Corp., is a portfolio of best-in-class assets in three key areas of the new economy – Infrastructure, Life Sciences and Spectrum. Dedicated to stakeholder capitalism, INNOVATE employs approximately 3,902 people across its subsidiaries. For more information, please visit: www.INNOVATECorp.com.
Anthony Rozmus
ir@innovatecorp.com
Reevemark
Paul Caminiti/Pam Greene/Luc Herbowy
INNOVATE.Team@reevemark.com
In this press release, INNOVATE refers to certain financial measures that are not presented in accordance with U.S. generally accepted accounting principles ("GAAP"), including Total Adjusted EBITDA (excluding discontinued operations) and Adjusted EBITDA for its operating segments.
Management believes that Adjusted EBITDA provides investors with meaningful information for gaining an understanding of our results as it is frequently used by the financial community to provide insight into an organization's operating trends and facilitates comparisons between peer companies, since interest, taxes, depreciation, amortization and the other items listed in the definition of Adjusted EBITDA below can differ greatly between organizations as a result of differing capital structures and tax strategies. Adjusted EBITDA can also be a useful measure of a company's ability to service debt. While management believes that non-U.S. GAAP measurements are useful supplemental information, such adjusted results are not intended to replace our U.S. GAAP financial results. Using Adjusted EBITDA as a performance measure has inherent limitations as an analytical tool as compared to net income (loss) or other U.S. GAAP financial measures, as this non-GAAP measure excludes certain items, including items that are recurring in nature, which may be meaningful to investors. As a result of the exclusions, Adjusted EBITDA should not be considered in isolation and does not purport to be an alternative to net income (loss) or other U.S. GAAP financial measures as a measure of our operating performance. Adjusted EBITDA excludes the results of operations and any consolidating eliminations of our previous Insurance segment.
The calculation of Adjusted EBITDA, as defined by us, consists of Net income (loss) as adjusted for discontinued operations; depreciation and amortization; Other operating (income) expense, which is inclusive of (gain) loss on sale or disposal of assets, lease termination costs, asset impairment expense and FCC reimbursements; interest expense; loss on early extinguishment or restructuring of debt; other (income) expense, net; gain on sale or dissolution of subsidiary; income tax expense (benefit); noncontrolling interest; share-based compensation expense; non-recurring items; costs associated with the COVID-19 pandemic, and acquisition and disposition costs.
Management recognizes that using Adjusted EBITDA as a performance measure has inherent limitations as an analytical tool as compared to net income (loss) or other GAAP financial measures, as these non-GAAP measures exclude certain items, including items that are recurring in nature, which may be meaningful to investors.
Safe Harbor Statement under the Private Securities Litigation Reform Act of 1995: This press release contains, and certain oral statements made by our representatives from time to time may contain, "forward-looking statements." Generally, forward-looking statements include information describing actions, events, results, strategies and expectations and are generally identifiable by use of the words "believes," "expects," "intends," "anticipates," "plans," "seeks," "estimates," "projects," "may," "will," "could," "might," or "continues" or similar expressions. Such forward-looking statements are based on current expectations and inherently involve certain risks, assumptions and uncertainties. The forward-looking statements in this presentation include, without limitation, any statements regarding INNOVATE's inability to predict the extent to which the COVID-19 pandemic and related impacts will continue to adversely impact INNOVATE's business operations, financial performance, results of operations, financial position, the prices of INNOVATE's securities and the achievement of INNOVATE's strategic objectives, and changes in macroeconomic and market conditions and market volatility (including developments and volatility arising from the COVID-19 pandemic), including interest rates, the value of securities and other financial assets, and the impact of such changes and volatility on INNOVATE's financial position. Such statements are based on the beliefs and assumptions of INNOVATE's management and the management of INNOVATE's subsidiaries and portfolio companies.
The Company believes these judgments are reasonable, but you should understand that these statements are not guarantees of performance, results or the creation of stockholder value and the Company's actual results could differ materially from those expressed or implied in the forward-looking statements due to a variety of important factors, both positive and negative, including those that may be identified in subsequent statements and reports filed with the Securities and Exchange Commission ("SEC"), including in our reports on Forms 10-K, 10-Q, and 8-K. Such important factors include, without limitation: developments relating to on-going hostilities in Ukraine, the severity, magnitude and duration of the COVID-19 pandemic, including impacts of the pandemic and of businesses' and governments' responses to the pandemic on INNOVATE's operations and personnel, and on commercial activity and demand across our businesses, capital market conditions, including the ability of INNOVATE and INNOVATE's subsidiaries to raise capital; the ability of INNOVATE's subsidiaries and portfolio companies to generate sufficient net income and cash flows to make upstream cash distributions; volatility in the trading price of INNOVATE common stock; the ability of INNOVATE and its subsidiaries and portfolio companies to identify any suitable future acquisition or disposition opportunities; our ability to realize efficiencies, cost savings, income and margin improvements, growth, economies of scale and other anticipated benefits of strategic transactions; difficulties related to the integration of financial reporting of acquired or target businesses; difficulties completing pending and future acquisitions and dispositions; effects of litigation, indemnification claims, and other contingent liabilities; changes in regulations and tax laws; covenants noncompliance risk; interest rate environment; ability to remain in compliance with NYSE listing requirement and risks that may affect the performance of the operating subsidiaries and portfolio companies of INNOVATE.
Although INNOVATE believes its expectations and assumptions regarding its future operating performance are reasonable, there can be no assurance that the expectations reflected herein will be achieved. These risks and other important factors discussed under the caption "Risk Factors" in our most recent Annual Report on Form 10-K filed with the SEC, and our other reports filed with the SEC could cause actual results to differ materially from those indicated by the forward-looking statements made in this presentation.
You should not place undue reliance on forward-looking statements. All forward-looking statements attributable to INNOVATE or persons acting on its behalf are expressly qualified in their entirety by the foregoing cautionary statements. All such statements speak only as of the date made, and unless legally required, INNOVATE undertakes no obligation to update or revise publicly any forward-looking statements, whether as a result of new information, future events or otherwise.
INNOVATE CORP.
(in millions, except per share amounts)
Three Months Ended June 30, Six Months Ended June 30,
Revenue $ 392.2 $ 243.8 $ 805.0 $ 415.6
Cost of revenue 341.9 207.4 704.9 348.7
Gross profit 50.3 36.4 100.1 66.9
Selling, general and administrative 42.1 39.5 84.7 76.6
Depreciation and amortization 6.9 4.8 13.8 8.7
Other operating loss (income) 1.7 (0.2 ) 1.3 0.2
(Loss) income from operations (0.4 ) (7.7 ) 0.3 (18.6 )
Other (expense) income:
Interest expense (12.5 ) (12.4 ) (25.1 ) (33.8 )
Loss on early extinguishment or restructuring of debt — (1.6 ) — (12.4 )
(Loss) income from equity investees (0.5 ) 0.2 (1.0 ) (1.9 )
Other income, net 1.5 0.4 1.4 3.8
Loss from continuing operations before income taxes (11.9 ) (21.1 ) (24.4 ) (62.9 )
Income tax expense (2.0 ) (2.6 ) (3.6 ) (3.7 )
Loss from continuing operations (13.9 ) (23.7 ) (28.0 ) (66.6 )
(Loss) income from discontinued operations (including gain on disposal of $40.4 million for the six months ended June 30, 2021) — (1.5 ) — 50.4
Net loss (13.9 ) (25.2 ) (28.0 ) (16.2 )
Net loss attributable to noncontrolling interest and redeemable noncontrolling interest 1.5 1.7 3.2 5.3
Net loss attributable to INNOVATE Corp. (12.4 ) (23.5 ) (24.8 ) (10.9 )
Less: Preferred dividends and deemed dividends from conversions 1.2 0.2 2.4 0.6
Net loss attributable to common stock and participating preferred stockholders $ (13.6 ) $ (23.7 ) $ (27.2 ) $ (11.5 )
Loss per common share - continuing operations
Basic $ (0.18 ) $ (0.29 ) $ (0.35 ) $ (0.82 )
Diluted $ (0.18 ) $ (0.29 ) $ (0.35 ) $ (0.82 )
(Loss) income per common share - discontinued operations
Basic $ — $ (0.02 ) $ — $ 0.67
Diluted $ — $ (0.02 ) $ — $ 0.67
Loss per share - Net loss attributable to common stock and participating preferred stockholders
Weighted average common shares outstanding:
Basic 77.5 77.0 77.4 77.1
Diluted 77.5 77.0 77.4 77.1
CONDENSED CONSOLIDATED BALANCE SHEET
(in millions, except share amounts)
June 30, December 31,
Cash and cash equivalents $ 24.9 $ 45.5
Accounts receivable, net 271.1 247.1
Contract assets 152.7 118.6
Inventory 20.1 17.0
Restricted cash 1.0 2.0
Assets held for sale 1.4 1.5
Other current assets 11.1 10.9
Total current assets 482.3 442.6
Investments 58.9 56.0
Deferred tax asset 2.8 3.0
Property, plant and equipment, net 164.5 169.9
Goodwill 127.1 127.4
Intangibles, net 198.4 208.4
Other assets 72.4 73.3
Total assets $ 1,106.4 $ 1,080.6
Liabilities, temporary equity and stockholders' deficit
Accounts payable $ 182.4 $ 179.2
Accrued liabilities 93.3 93.4
Current portion of debt obligations 73.0 69.5
Contract liabilities 93.3 79.1
Other current liabilities 19.7 18.3
Total current liabilities 461.7 439.5
Deferred tax liability 9.9 9.1
Debt obligations 594.1 556.8
Other liabilities 59.8 63.3
Total liabilities 1,125.5 1,068.7
Temporary equity
Preferred stock 18.2 18.8
Redeemable noncontrolling interest 46.8 49.3
Total temporary equity 65.0 68.1
Stockholders' deficit
Common stock, $0.001 par value 0.1 0.1
Shares authorized: 160,000,000 at both June 30, 2022 and December 31, 2021
Shares issued: 79,829,503 and 79,225,964 at June 30, 2022 and December 31, 2021, respectively
Shares outstanding: 78,440,287 and 77,836,748 at June 30, 2022 and December 31, 2021, respectively
Additional paid-in capital 330.7 330.6
Treasury stock, at cost: 1,389,216 shares at both June 30, 2022 and December 31, 2021 (5.2 ) (5.2 )
Accumulated deficit (441.0 ) (416.2 )
Accumulated other comprehensive income 4.7 6.4
Total INNOVATE Corp. stockholders' deficit (110.7 ) (84.3 )
Noncontrolling interest 26.6 28.1
Total stockholders' deficit (84.1 ) (56.2 )
Total liabilities, temporary equity and stockholders' deficit $ 1,106.4 $ 1,080.6
RECONCILIATION OF NET INCOME (LOSS) TO ADJUSTED EBITDA
(in millions) Three Months ended June 30, 2022
Infrastructure Life Sciences Spectrum Non-operating Corporate Other and Elimination INNOVATE
Net (loss) attributable to INNOVATE Corp. $ (12.4 )
Less: Discontinued operations —
Net Income (loss) attributable to INNOVATE Corp., excluding discontinued operations $ 6.8 $ (5.3 ) $ (5.7 ) $ (9.5 ) $ 1.3 $ (12.4 )
Adjustments to reconcile net income (loss) to Adjusted EBITDA:
Depreciation and amortization 5.3 — 1.5 0.1 — 6.9
Depreciation and amortization (included in cost of revenue) 3.6 — — — — 3.6
Other operating expense — — 1.7 — — 1.7
Interest expense 2.2 — 1.9 8.4 — 12.5
Other (income) expense, net (1.4 ) (0.2 ) 1.4 (1.2 ) — (1.4 )
Gain on sale or dissolution of subsidiary — — — (0.1 ) — (0.1 )
Income tax expense (benefit) 3.5 — — (1.5 ) — 2.0
Noncontrolling interest 0.7 (2.1 ) (0.5 ) — 0.4 (1.5 )
Share-based compensation expense — 0.1 — 0.4 — 0.5
Nonrecurring Items 0.1 — — — — 0.1
Acquisition and disposition costs 0.1 — 0.1 — — 0.2
Adjusted EBITDA $ 20.9 $ (7.5 ) $ 0.4 $ (3.4 ) $ 1.7 $ 12.1
Less: Discontinued operations (1.5 )
Net Income (loss) attributable to INNOVATE Corp., excluding discontinued operations $ 1.4 $ (4.3 ) $ (1.1 ) $ (19.2 ) $ 1.2 $ (22.0 )
Depreciation and amortization 3.3 0.1 1.4 — — 4.8
Other operating (income) — — (0.2 ) — — (0.2 )
Loss on early extinguishment or restructuring of debt 1.5 — — 0.1 — 1.6
Other (income) expense, net (4.1 ) — 0.4 3.3 — (0.4 )
Income tax expense 1.2 — — 1.4 — 2.6
Share-based compensation expense — — 0.2 0.5 — 0.7
COVID-19 Costs 4.0 — — — — 4.0
Acquisition and disposition costs 1.3 — 0.1 0.4 (0.1 ) 1.7
Adjusted EBITDA $ 13.9 $ (6.1 ) $ 2.7 $ (5.7 ) $ 1.7 $ 6.5
(in millions) Six Months ended June 30, 2022
Infrastructure Life Sciences Spectrum Non-operating Corporate Other and Eliminations INNOVATE
Net Income (loss) attributable to INNOVATE Corp., excluding discontinued operations $ 12.9 $ (9.4 ) $ (9.1 ) $ (20.8 ) $ 1.6 $ (24.8 )
Depreciation and amortization 10.6 0.1 3.0 0.1 — 13.8
Other operating (income) expense (0.6 ) — 1.9 — — 1.3
Interest expense 4.4 — 3.9 16.8 — 25.1
Adjusted EBITDA $ 41.4 $ (13.3 ) $ 1.7 $ (8.0 ) $ 1.8 $ 23.6
Less: Discontinued operations 50.4
Loss on early extinguishment or restructuring of debt 1.5 — 0.9 10.0 — 12.4
Other (income) expense, net (3.9 ) — 0.8 (0.7 ) — (3.8 )
Noncontrolling interest 0.2 (4.0 ) (1.0 ) — (0.5 ) (5.3 )
Share-based compensation expense — 0.1 0.3 0.9 — 1.3
Nonrecurring items 0.4 — — 0.5 — 0.9
Acquisition and disposition costs 1.7 — 0.2 2.1 — 4.0
Adjusted EBITDA $ 25.2 $ (12.3 ) $ 3.5 $ (9.7 ) $ 0.8 $ 7.5
Source: INNOVATE Corp.