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Crowdfunding Back On Track — As Milk Train, Not TGV
Posted by Antone Johnson on April 2nd, 2012
Last week I penned an in-depth critique of the portion of the JOBS Act seeking to legalize crowdfunding in the United States. The bill, which may have more to do with political grandstanding in an election year than with actual job creation, was approved by a strong bipartisan majority in the House of Representatives. As I argued last week, the version of the JOBS Act approved by the House is a bold experiment in targeted radical deregulation of financial markets on the heels of one of the worst economic disasters in American history — itself attributable to deregulation with inadequate oversight — while the asthmatic U.S. economic recovery wheezes and stumbles through the smoldering wreckage of once mighty financial institutions.
JOBS Act-style crowdfunding legislation is a form of market deregulation aimed exclusively at investors who by definition have assets or income placing them squarely in the middle class and are making investments so small that in reality they have neither the leverage nor the economic incentive to demand adequate disclosure by issuers. As I wrote last week, an economics professor could hardly dream up a better textbook example of guaranteed market failure.
Unsurprisingly, I was not alone in expressing that view. In Senate hearings, my own securities law professor, Jack Coffee — still teaching at Columbia Law School after all these years — lambasted the proposed crowdfunding legislation, dubbing it "The Boiler Room Legalization Act of 2011." Former SEC Chairman Arthur Levitt opined that "The bill is a disgrace." Former New York Attorney General and governor Eliot Spitzer, perhaps responsible for the successful prosecution of more securities fraud cases than any other person in the modern era, wrote a piece for Slate in which he branded the JOBS Act the "Return Fraud to Wall Street in One Easy Step Act." Corporate governance expert Eleanor Bloxham at CNN Money writes that "The bill is a hypothesis without the tests or the results. Perhaps, you'll see more ads for forensic accountants, criminologists and plaintiffs' lawyers."
Nevertheless, the JOBS Act sailed through the Senate by a comfortable 73-26 vote on March 22. Those curious to see how the sausage was made can read some commentary at The Business Journals. In my view, the single most significant development was the Senate's approval of an amendment to the bill referred to as "Merkley-Brown" that added a host of provisions intended to protect investors. Relying on a mix of industry self-regulation, intermediary (platform) accountability and SEC regulation, the bill as amended goes a long way toward addressing the panoply of market failures, perverse incentives and other risks that I described in my critique. A detailed summary of the final JOBS Act signed into law by President Obama can be found here.
In a nutshell, the Merkley-Brown amendment — and therefore the final bill signed into law — bolsters transparency and accountability in the following ways:
Transparency. Issuers will need to make basic information available to the SEC and the public, including the names of directors and officers, a description of the business, anticipated business plan, and the financial disclosures described below.
Financial disclosure. Companies raising less than $100,000 will need to make available income tax returns and unaudited financial statements certified by the CEO as accurate. For companies seeking to raise between $100,000 and $500,000, the financials must also be reviewed by an independent public accountant. Companies seeking to raise over $500,000 will need audited financial statements.
Intermediaries. Either a broker-dealer or "funding portal" must be used. Funding portals may not gjve investment advice, make solicitations, or pay compensation based on sales. Funding portals will be registered following a more streamlined process than standard broker-dealer registration.
Tiered investment caps. The amount a crowdfunding issuer can sell to an individual investor in any 12-month period is limited to the maximum of (A) the greater of $2,000 or 5% of the annual income or net worth of an investor, if either the investor's net worth or annual income is less than $100,000; or (B) 10%, not to exceed $100,000, of annual income or net worth of an investor, if either the investor's annual income or net worth is equal to or greater than $100,000.
Civil liability. The JOBS Act specifically authorizes an investor in a crowdfunding transaction to bring a civil action against an issuer for material misstatements or omissions in disclosures provided to investors.
Revisiting my analysis, to the extent these measures increase the reliability of information disclosed by entrepreneurs, reduce the asymmetry of information regarding new ventures to be funded and/or increase accountability to investors, they can only be improvements on the admittedly bleak picture I painted last week. Nevertheless, proponents of crowdfunding in its purest form criticized the version approved by the Senate for bogging the process down in red tape. That's a legitimate point given that the primary goal of crowdfunding in the first place is to facilitate the flow of capital to new ventures while minimizing compliance burdens. Some amount of fraud or deception is inevitable in any market. The trade-off is both clear and inexorable between making capital raising more expedient and accepting a higher rate of losses by investors stemming from reasons that are wholly independent of pure investment risk. As Tim Worstall put it at Forbes, "There is always a delicate balance between getting new ventures funded and people being ripped off by the pretence of new ventures getting funded."
Some commentators are suggesting that crowdfunding will be most effective for more conventional businesses such as construction or retail rather than the kind of high growth, market-disrupting startups typically funded by VCs and angel investors. As I have argued before, those businesses are unlikely to be successful in more traditional methods of capital raising but may meet with a receptive audience if marketed effectively through the right crowdfunding platform.
The market failures and incentives I described last week still exist. What remains to be seen is whether the investor protections mandated by the amended bill will land us in the "sweet spot" of the curve at a point where the risk of abuse is acceptably low, yet the benefits to entrepreneurs are sufficiently clear that they pursue crowdfunding as a viable funding source. If there's an escape from this stark tradeoff, it may come in the form of intermediaries — that is, crowdfunding platforms — that assume much of the responsibility for policing the area. I remain skeptical, but would be happy to be proven wrong. Meanwhile, the experiment will be placed on hold for nine months while the SEC implements its congressional mandate to formulate the rules of the road (or the railway, so to speak). There may be no wreck after all, but at a minimum it will be a while before the crowdfunding train is cleared by safety inspectors to leave the station.
This article is for general informational purposes only, not a substitute for professional legal advice. It does not result in the creation of an attorney-client relationship.
Tags: crowdfunding, entrepreneurs, entrepreneurship, fundraising, JOBS act, startups
Written by Antone Johnson
Antone is a business lawyer and executive advising technology and media companies, entrepreneurs and investors in corporate, commercial and intellectual property matters. Johnson is Founding Principal of Bottom Line Law Group, a business and IP law firm and was the former VP and head of worldwide legal affairs at eHarmony.
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According to Thomson Reuters, demand for legal services is up nearly 2% since 2017, and our own legal market research shows that most existing corporate clients expect to need more assistance from law firms in 2019, with 47% reporting that they expect an increase in legal needs this year.
These numbers indicate an opportunity for law firm growth and expansion, but findings from our 2019 Legal Buyer Benchmark Study also depict a high risk of losing revenue and share of wallet with existing clients. For example, more than three-quarters of law firm clients — yes, 76%! — would be willing to work with another provider if it were recommended to them by someone in their network.
So how can law firms capitalize on increasing demand while also fortifying against client churn and loss of revenue within existing accounts? Better yet, how do you become the firm that gets referrals and wins business away from less-than-stellar competitors? It all comes down to the client experience.
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More than 2 in 5 corporate legal buyers say referrals are their first-used resource when vetting potential law firms to work with. After that, it's past experience with the provider, direct contact with the business, followed by online searches. Trends outside of the industry back up this dynamic, with Forrester and Gartner predicting that by 2020 (next year!) B2B buyers will be 80 percent of the way through their decision-making process before ever touching base with a service provider.
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The growing relevance of online reviews for law firm buyers is a lagging indicator of a dynamic that has (and will continue) to drive the winners (and losers) in the legal industry. And that is – what other people have to say about your firm matters more than anything you could say about yourself. And in particular, buyers want to hear from your clients.
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Lady of Perpetual Chaos: Happy Presidents Day!
Last year Lolly declared that her two favorite American Presidents were Abraham Lincoln and Barrack Obama. My sweet little girl had no idea of the irony of her favorites. The actions of President Lincoln lead our country in a direction that (finally) we were finally able to have our first African American president, President Obama.
This year she added Washington to her list of favorites. My girl has good taste.
Mine is President Palmer from 24.
What a smart little girl! Must be all her gorgeous red hair. Lolly for president, Yay!!


When listing on Airbnb, one thing to note is that Airbnb will automatically collect and remit taxes in some locations for some municipalities.
There are some edge cases where they will collect some taxes, but not all. For example, they may collect local taxes, but not state taxes. For these situations, users can disable syncing the taxes that Airbnb automatically collects.
Please refer to the following Airbnb help articles to determine which taxes, if any, Airbnb will automatically collect and remit.
From the Airbnb application in MyVR under Listing > Settings > Rates & Fees, users will see an interface where Taxes can be excluded.


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From 8 to 10 January, Adam Bodnar held CHR regional meetings with residents of the towns of Jarosław, Lubaczów, Biłgoraj, Świdnik and Lublin.
how to ensure that in small towns and villages snow is removed in wintertime, so that people can walk there and do not have to use cars (snow removal from pavements is an obligation of real property owners who are often getting old and have nobody to help them)?
what to do about the transport exclusion of residents of small towns and villages which have no transport connections with larger towns or cities and within their own areas either? This makes the lives of senior persons very difficult. Will the process of driving license verification not result in seniors losing access to specialized health care in hospitals, as those persons have to get there somehow?
how to improve the work of courts; how to react to cases of law abuse by members of public authorities; does civic opposition to non-compliance with the Constitution make sense?
how to solve problems with personnel shortages in medical care (low earnings, increased limits of working hours)?
how to really help refugees, and how to deal with the excessively long procedures of issuing work permits to foreign citizens?
how to solve the continuously emerging various problems of tenants of buildings subject to property restitution?
how to make it easier for families to solve conflicts, including in cases where family members are in different countries? what to do with the lengthy family court procedures? how to ensure that the rights of fathers are observed?
what can be done about the announced large-scale hunting of wild boars?


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Girls Learn STEM At Waipahu 'Wow'
Christina O'Connor
SWE-UHM members (back, from left) Chi Jow, Dr. Olga Boric-Lubecke (adviser), Ryan Harada, Ehsaneh Shah, Joanie Wong, Ada Garcia, Simeng Qu, (front) Tiffany Au, Graig Ganitano, Carolynn Kitamura, Valerie Mencias. Photo from SWE-UHM.
In 2011, the U.S. Department of Commerce reported that although women make up nearly half of the nation's workforce, they hold down less than 25 percent of the jobs in science, technology, engineering and math (STEM) fields.
And according to the American Society of Engineering Education, women accounted for only 17.8 percent of undergraduate degree earners from engineering schools in 2009.
To combat such grim statistics, the Society of Women Engineers at the University of Hawaii (SWE-UHM) hosts its fifth annual "Wow! That's Engineering" program from 10 a.m. to 3:30 p.m. Feb. 9 at Waipahu High School. The goal of the student group is to introduce the idea of pursuing a career in engineering and technology to girls in grades 6 to 8.
"One of the things that SWE is big on is trying to get girls to be more interested in engineering, and trying to encourage and empower females to aspire toward trying technology, engineering and math," says Valerie Mencias, SWE-UHM vice president of external affairs. "We believe that has to do with reaching out to girls at a young age."
The event features activities, project displays and industry exhibits by groups such as Hawaiian Electric Co., Space and Naval Warfare Systems Command, Honolulu Authority for Rapid Transportation, as well as the local professional division of Society of Women Engineers. The activities are designed to introduce students to real-life problems and work scenarios that engineers face.
This year's theme is Malama Aina, or to care for the land.
"In application to the engineering world, we want to teach future scientists and engineers to embrace renewable energy, design with sustainability in mind, and to be smart with resources so that we can help reduce consumption and protect the earth," explained SWE-UHM president Carolynn Kitamura.
"We hope that students will be able to gain valuable hands-on experience working as engineers for the day and maybe even decide to pursue a lifetime career in the STEM fields," Kitamura added.
The university club is affiliated with SWE, a national nonprofit that is dedicated to empowering women to succeed in engineering through outreach, advocacy, training and development programs, networking opportunities and scholarships. Locally, in addition to the student club, there also is SWE Hawaiian Islands Section for engineering professionals.
Mencias asserted that it is important to increase the number of females in STEM fields because of the wide array of job opportunities, and she believes that part of the reason for the gender disparity is traceable to the lack of exposure that younger girls have to these types of careers.
Even Mencias, a Waipahu resident, admitted that she never really considered a career in engineering until she reached college. Now a senior studying mechanical engineering, it's not uncommon for her to be one of only a few girls in many of her classes.
"There are so many jobs, but there are not many women in (these jobs). We can get there, and it will change if we just get more girls (interested)."
"Women are still considered a minority in the STEM fields to this day, so it is important to let these girls know that science and engineering can be for girls, too," Kitamura added.
"Even if students don't want to be an engineer afterward, I think we will feel successful just to let them know what is out there," Mencias said.
While "Wow" is targeted at middle school girls, all students are welcome to attend. Registration is $5 for students and free for educators and parents, and lunch is provided. Register online by Feb. 8 at wow2013hawaii.eventbrite.com.
For more information, email uhswe.wow@gmail.com.
(Do not call the school; all inquires should be directed to SWE via email.)
WestWest Oahu Coverstory
Public Votes Earn Subaru Funds For Kapolei-based Nonprofit

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Hope we faired well last weekend. Another prolonged round of footy meant we were in pain for an extra day, and relief doesn't last long – a 2-day turnaround and we're back into it.
It is not all doom and gloom this week. While we will have missing players, we now have players who have completed their bye available on the market. This provides ideal trading opportunities and a chance to eliminate some of those dreaded donuts.
After a slow start the year, now is the perfect opportunity to get Dane Swan in. He is back to the form of old. If he is not getting upward of 30 touches, he is kicking multiple goals a game – most notably 4 against Essendon on Anzac Day. He has a history of coming good after a break. A trip to Colorado in 2011 reenergized Swanny and a brilliant 2nd half to the year saw him go on to win the Brownlow medal.
Collingwood had arguably one of the toughest starts to the year. However, their draw really opens up now. After a trip to Adelaide, the Pies have WCE in Melbourne, St Kilda, Melbourne and the Western Bulldogs. Now is the golden chance to get Swanny on the cheap and ride him home.
An obscure pick, the form of Tom Lynch over the last 2 weeks has warranted consideration. A 2 goal, 21 disposal, 8 mark game against North, along with a 5 goal, 17 disposal, 8 mark game against GWS has seen Lynch pump out 2 100+ scores in a row. He is a KPF so worth noting that the consistency in scores won't be there, but Tom will be a major POD and comes cheap too.
A nice run of games coming up, if you're looking for a POD player, have big plums and low on upgrade funds, Tom Lynch could be worth considering.
Another POD candidate, Nathan Grima features in just 893 SuperCoach sides. However, his form of late warrants greater selection. Grima is finding a bit of the footy as a key back, collecting upward of 20+ during his little purple patch. He played on Pavlich for his 101 SC and Tom Lynch for his 99 SC.
Important to note that much like Lynch, don't expect scores of 120+. However, do expect Grima to pump out consistent 90+ scores, playing as a key defender collecting 20+ disposals. Again, selection like this will require some guts, but Brisbane, the Eagles and Richmond to come could see this form continue. Consider.
With the bye this week, it might be perfect time to say goodbye to Jared Polec. In the breakaway group for SuperCoach buy of the year, his stellar form has stumbled a bit of late – including a 66 against Fremantle on the weekend.
With games against Melbourne and St Kilda post-bye, you could still profit from keeping Polec. However, the byes present the opportunity to upgrade your rookies to premiums and begin finalizing your side. As Polec has the bye this week, could be ideal chance to move him to a Swan or Selwood.
Last time I suggested dumping Matt Suckling he went out and scored 108 on St Kilda. However this time round I'm more confident now is time to dump Suckers. 3 of his last 4 scores have been junk, with the 108 coming against an St Kilda side who didn't both showing up. A bye this week and a questionable breakeven, it is time to send Suckling to a premium. He is been good value, but the inconsistency with scores is just not worth it. This week is perfect chance.
Poor Nick. The bloke is struggling. St Kilda are giving him donuts to work with and he is forced to shoulder both the forward line and the team's hopes and aspirations. The opposition have also worked out how to play him. As St Kilda have no other forward options, sides are just rotating defenders and sharing the workload. On Monday night, Carlton rotated Rowe, White and Jamison on Nick, minimising his influence somewhat (still kicked 4). Nick also looks to be struggling and there are questions as to whether he can get through rest of season with this workload and basically no knees. He doesn't have bye 'till next week, but given his breakeven, this week is the time to dump before his price gets to point where you are unable to trade out.
Three Pies in your mid-field though? I would go Watson as in my opinion you can't have all 3.
All three is fine after bye rounds. No different to having one pie in mid one in forward line and one in backline. Collingwood have had their bye.
About 100 to high there mate, otherwise great read as always.
Yes Mr Crimmins always seems to be a week behind in his BE information.
Floghard has a BE of just 41 this round this is the round to scoop him up purely from a pricing basis.
Yeah I was thinking the same thing… good pick up there lads! JPK BE is 80 not 123 there's a few more there as well that are wrong. Ah well, a part from that good write up Mr. Crimmins. Me love you long time, bang bang!
I think Mr Crimmins has been over indulging in the Jameson whiskey on the rocks in regards to the breakevens.
After this would have 17 trades with a team that only needs four more premos to be full premo team.
One is coming down in price one is going up and will most likely have similar outputs.
Its deferentially time to get swan if you have not already.
I never said he would have the same output i said similar referring to the over all average that they will most likely have by the end of the season (similar might not have been the right word to use but swan will pump out solid scores for you week in week out and for his current price is not someone to be over looked epically for pends who if you give it a week or 2 has a great chance at being much cheaper than he currently is, its a game of numbers and you need to save cash where you can), pends will be higher that is a given but that is also why he is 80k more expensive at the present time.
You are right though i can't see swan getting huge scores like pends but he will still get you 100+ more often than not and increase his current terrible average (due to being underdone at the start of the season) over the rest of the season.
Like, Like, Like. If there was one change maybe look at someone else instead of Dusty as a POD, such as Robbie Gray if you have the cash.
Is it worth getting in Swan INSTEAD OF Pendles? I'm going to trade out Polec, although unsure who to go to.
Swan is rotating through the mids & goes FWD. Go Pendles if you have the coin.
Should I trade in Jobe Watson or Dane Swan this week for Luke Dunstan?
Jobe Watson is as cheap as he'll be while Swan is also cheap but an extra $40K more than Watson.
Swan has had his bye while Watson is due next week.
Who do we think will average more from here on out?
Spot on Tom. Unless you have 20+ guaranteed for next week.
I have 90-100k to spend.
It's a bit to say without knowing your bye structure and who else you have in your forwards and mids.
However bubble boy Acres is worth a look if you could use the cash elsewhere. Goddard and Swan perhaps offer the best value of the premo mids this week.
Gray, Parker, Dalhaus and Wingard would be the forwards I'd recommend that you consider, although many of these lads have their bye this week.
Roo's BE is around 200 (ouch) so I don't think I would want him to be there bleeding cash. However, like SCAddict said, there aren't really any good FWD options to trade in this week. Maybe I should hold Roo & straight swap Polec for Selwood.
Hey guys, just thoughts on Wright from Adelaide? What do I do with him?
I'd probably still hold him for now. Had a shocker when last he played but so did 2/3 of the Crows team.
Had been regularly belting out tonnes up to that point so would give him a second chance.
Perhaps move him on for either Wingard, Dalhaus or Gray next week if he struggles again tonight.
In a bitta pickle..Cunningham to bartel or swan in the guts?
Indeed that is a hard one. If you can see Bartel's DPP really benefiting you from either a byes or trading degrees of freedom perspective then bring him into your midfield.
Otherwise Swanny still looks an absolute steal at $564K and who I would lean towards.
Swan in the guts. Bartel in defence only.
Keep the Pav! There must be other trades you need to make. Pav will come good.
Whats the communities thoughts on Elliot ?
Good POD I reckon. I have too many pies in my team at the moment, but I think he is a good trade.
do we consider macrea a keeper or should i trade him out in a few weeks?
I moved him on this week for Pendles. With the bye I think it's time.
Polec has a BE of 25. Why would you trade him out? Surely you pick Aish now and wait till next week to Upgrade Polec to Selwood for best price difference?
I might be looking at the wrong site but isn't Polecs BE 62? I traded him for Pendles this week as I don't think his price will improve much more.
Flipper dropped should we make plans to trade him out this week??
Yes he's gone for Acres in my side now.
Exactly, he's straight out the door for Acres this round.
I've taken a few hits already with Thumper and Crouch but I'm still very much up for the fight this week Wombats!
Let's see what you've got buddy!
Mitchell > Bartel (I was away last week), Aish > Swan, Higgins > Ambrose (burn free)!
More bad news Crouchy is the sub tonight arrgghh. Last week it was Flipper and before that McDonald. Thumper out with a knee this week too!
These AFL head coaches really don't like us making quick dollars on their rookies ha ha!
Crouch made way last week for Ambrose, who is starting! Stoked.
Big outs in Nick "flippa" Robertson and Kade "Thumper" Kolodjashnij.
With joel tippet named do you go Luke macdonald down to him or a possible Thumper downgrade even though i think both have scoring potential as well as more cash to be juiced in the future.
The other is Nick Robertson who also has more scoring potential. I was originally going with Aish out and Acres in but do i go Flippa out instead??
Is it worth it to go Swan if it means i have no opportunity to get Pendles EVER as im looking to get Selwood in next week?
Is Pat Ambrose still a downgrade option or maybe upgrade from Jarman Gimpey?
leaving me with 200-300K in the war chest?
Don't know who to trade in for Georgiou, Impey and Higgins I have 110k left over though.
Have you got any midfield swing players? I would go Higgins down to Acres if you can to free up heaps of cash, and turn Georgiou into a premium back as I see Joel Tippet as a slow burner aka Georgiou.
If you can swing a midfielder into your forward or back line then you can ditch any of these guys for Acres but he won't play next week… With Impey, he's hardly worth trading and Georgiou is marginally better. I have all three of these guys and none of them are on the chopping block for me.
How is J tippet's job security?
Is Mackie worth a look? Pretty consistent scorer and marks and kicks a lot. Only worried about his hamstring issues.
I would like the community's opinion on these trades.
19 Trades, $218,800 in bank.
yeah right. no dont get in pendles. get in jelwood or JPK. JPK will smash the rest of the season open and too many have pendles. and quote me on this- after the byes JPK will outscore pendles by 5 points a week. jelwood probably will also.
Impey and Higgins need to go i have $171,400 in the bank. any suggestions?
Robbie Gray or for a cheaper option maybe Wingard to replace Higgins?
Do you have a midfield swing to turn Impey into Acres? Acres is the only decent rookie at the moment in my opinion.
To those of us looking to bring in Acres and still have Fasolo (not named) and Crouch (named as sub), who do we chop? Does Crouch's BE (34) and a sub affected game coming up mean that his time in our SC teams is over?Seems to be the big issue coming out of tonights game, your thoughts would be appreciated!
Get rid of Crouch. He will be a slow burner if you leave him in there another week.
Good move – only scored 12 tonight so will drop in value.
I like the 2nd two but who is Charlie Cameron?
Of those i'd say option 2 . Pendlebury is a must. I know he will have the bye next week but what about Aylett from Essendon. Had 38 after starting as sub maybe better than Tippet??
stevie j or pendles vice?
Well done if you did that Wombats!
why is acres not playing?
he is named to play.
He is named in the starting line-up.
Is Impey to Ambrose and Higgins to Luke Parker worth it?
Luke Parker is a keeper – he has been fantastic all year. If you are trading out Higgins, Parker is a great in. I'd have no issues with those trades – think Ambrose will generate more $$ than Impey.
Trade or hold Roughy? If trade, for who?
I have him in RDT and intend to keep him. The suspension is annoying especially during the vulnerable bye period but he's not injured and his recent form hasn't been too bad after a very quiet start to the season.
what the … do I do with T Mitchell?
Need some advice. Want to trade out J Merrett (Ess), McDonald (NM) and Aish (BL) because they are projected to drop the most in value. Struggling to find a good FWD who is playing this week. Lynch (GC) is an option but each time I bring someone in who has scored 100+ a couple times in a row they rip out half that the next week. Thinking of trading McDonald to Acres and Aish to Bartel (maintain a DPP) or Goddard (bye next week). Thoughts!!!!!!
I have brought in Bartel and Acres to my midfield this week so obviously endorse those moves.
Yeah there really aren't many appealing Rd8 bye forward options this week. Both Dixon and Petrie look to offer value but doubt either will end up in my team. If I didn't have Dusty already he would probably be the one I'd get in at his current price.
But most of the attractive forwards right now either have a Rd9 or Rd10 bye unfortunately.
Thanks SCaddict. Bartel and Acres definitely sound like good moves. Apparently T Lynch from GC has scored a ton in each of his last two games but struggled to get near it in the previous five. One of those was against GWS so not sure why the sudden turn around. Just worried that if I don't trade Merrett now I won't be able to later.
What a disgusting display of umpiring of the essendon and swans game ,what the hell is going on essendon can't put a foot right .i think the umpires need to be held accountable for poor umpiring .
guess you didnt see the geelong freo game then?
Can't say that really made a difference, think the Swans still would've won easily, swings and roundabouts really. Anyone that blames umps for losing has no idea really….
90, looking at almost a 20k drop, trade.


text:
UN: Summary of the CERD 102nd session
On the 24th of November, the UN Committee on the Elimination of Racial Discrimination (CERD) concluded its 102nd session. The session was held online due to restrictions under the COVID-19 pandemic. Video archives of the public meetings can be accessed at UN Web TV.
At the opening of the session, IMADR delivered a statement to call for the resumption of State reviews in 2021 either online or in a hybrid manner if in-person meetings remain not possible due to the pandemic. It also encouraged the Committee to develop a predictable calendar for State reviews to implement the recommendation from the outcome report of the 2020 treaty body review.
The Committee adopted the following documents at the 102nd session.
Follow-up letters – summary
Llists of issues prior to reporting (LOIPRs)
General Recommendation no.36 on "Preventing and Combating Racial Profiling by Law Enforcement Official"
Individual communication
The Committee adopted an opinion on Lars-Anders Ågren et al v. Sweden (CERD/C/102/D/54/2013). It found that Sweden violated the indigenous Sami people's land rights and the right to an effective protection and remedy, in the context of the mining concessions on their traditional territory.
Early Warning and Urgent Action Procedure
Canada: The Committee sent a follow-up letter on its decision in December 2019 concerning the absence of the free, prior and informed consent (FPIC) of the Secwepemc and We'suwet'en communities, in relation to the development of the C dam project, the approval of the Trans Mountain Pipeline Expansion project in British Columbia, and the Coastal Gaz Link Pipeline. The Committee regretted that the State party's interpretation of the FPIC is limited to a process, but not a particular result. The Committee requested the State party to provide information in the next periodic report (due on 15 November 2021) on: a) the status of adoption of the legislation to implement the UN Declaration on the Rights of Indigenous Peoples, indicating to what extent indigenous peoples have been involved in its drafting; b) the implementation of the legislation adopted by the province of British Columbia including in relation to the abovementioned projects; and c) further efforts undertaken to engage in negotiations and consultations with the Secwepemc and We'suwet'en communities affected by the projects results.
Panama: The Committee issued letter concerning the situation of the indigenous Ngäbe people affected by the Changuinola 1 hydropower plant, in follow-up to its letter in December 2019. The Committee raised a concern that the 2009 Tripartite Framework Agreement was not fully implemented. The State party was requested to provide information on: specific measures adopted to declare collective land in the territories of the indigenous Ngäbe communities, in line with the Agreement; and measures to ensure the participation of the indigenous communities in the procedures related to the declaration of collective land. The Committee requested the State party to provide detailed information on the series of declaration, agreement and plan concerning the Ngäbe communities, in particular their participation in such initiatives. The State party was urged to ratify the ILO Convention No. 169 on Indigenous and Tribal Peoples. The Committee reminded the State party to submit its periodic reports without further delay, which were due in 2013.
Russian Federation: The Committee issued a letter to the State party concerning allegations of judicial harassment faced by an NGO working for the promotion and the protection of the rights of indigenous peoples in the country. The Minister of Justice reportedly accused the NGO of violating the "Foreign Agent Law", and the Moscow City Court rendered a decision on 6 November 2019 to terminate the activities of that NGO, without providing them a timeframe to correct the alleged irregularities. The First Appellate Court upheld the decision of the Moscow City Court on 3 March 2020, and the case went to the Cassation Court. The Committee requested the State party to respond to the concerns in the letter before 31 March 2021, including on: a) the outcome of the case that is pending before the Cassation Court; b) measures taken to review the Federal Agent Law and; c) whether the NGO whose activities have been terminated could correct the irregularities found, so as to resume its activities after the legal proceedings are terminated.
Thailand: The Committee sent a follow-up letter on allegations of forced evictions and harassment and reported continuous and escalating violence against indigenous peoples in the Kaeng Krachan National Park (KKNP). The State party's response to the previous letter failed to address concerns expressed in 2017 and 2019. The Committee requested for detailed information on: the implementation of the Community Forest Act adopted on 15 February 2019; measures on investigation, accountability and reparations in relation to the attacks suffered by the Karen indigenous peoples in the KKNP; measures taken to protect indigenous human rights defenders, the results of the survey on the opinion of the local communities with regard to the nomination of the KKNP as a UNESCO World Heritage site, the conclusions and recommendations following the survey on land tenure in the conserved forest areas and concrete measures taken to enter into agreements on land use as well as how local communities have been involved in the process; concrete measures and results obtained to promote the traditional way of life of the Karen communities; specific measures and guidelines to resolve the encroachment of protected forest lands and land tenure and the results of the participatory process designed to this end.
USA: The Committee sent a follow-up letter to the State party about the situation of Gwich'in indigenous peoples in Alaska. The Committee received the additional information about the release of the Coastal Plain Oil and Gas Leasing Program Record of Decision on 17 August 2020, which would constitute the final administrative step required for the Government to move forward with a lease sale of the Coastal Plain to oil and gas companies. It will allegedly cause irreparable harm to the environment and the rights of Gwich'in peoples, including the increased risk of violence against indigenous women. The State party is accused of removing existing regulations in the context of recovering from the impact of the COVID-19 pandemic. The Committee requested for information by 31 March 2021 on: (a) the status of the proposal to develop oil and gas in the Coastal Plain; (b) the mechanisms to reassess the options proposed in the Final Environmental Impact Statement regarding the oil and gas projects in the Coastal Plain; (c) concrete measures taken to protect the Coastal Plain, its wildlife and the indigenous peoples, including measures to implement the commitments under the Agreement Between the Government of Canada and the Government of the United States of America on the Conservation of the Porcupine Caribou Herd; (d) measures adopted to incorporate the UN Declaration on the Rights of Indigenous Peoples into domestic law; (e) measures adopted to ensure that isolated indigenous communities are protected from the effects of COVID-19, in consultation with them. The Committee also urged the State party to submit its periodic report which was due in 2017.


Begun in 2001 to serve the most vulnerable and underserved in Miami-Dade County, ODHC is located in the southernmost part of the county where a majority of safety net resources do not reach. ODHC's mission is to provide free primary healthcare, diagnostic and educational services to adults, children and teens in a caring, compassionate teaching environment through collaboration. Through the Health Care Access Program we increase access to health care services to Miami-Dade residents with family income below 200% Federal Poverty level and who have no health insurance. To date we have registered 5,185 non duplicated patients and have had over 274,498 patients visits, facilitated 294 free surgeries and coordinated thousands of free evaluations and treatments through volunteer specialists.
Our focus on health education (health promotion) is an integral part of our overall program. We know if patients lack knowledge of their disease and the ramifications of improper disease self-management, this blocks their capacity to make informed decisions concerning healthcare choices. ODHC's Chronic Disease self Management Program is tailored for persons with low or very little literacy as both chronic diseases and low health literacy have high prevalence among our patients. Our Chronic Diseases self management program represents a cost effective approach to complicated health care needs. Our weekly diabetes group appointments have delivered valuable tools for our patients, their families and the community in general to be healthier members of our community.
The purpose of Women's Health Program is to increase access to health care for poor, uninsured women. These women generally have no access to health care except through free clinics or hospitals emergency rooms. Through the Women's Health Program women have access to breast cancer screening, treatment as needed and valuable health education. Through early education and screening ODHC increases health and productivity for uninsured poor women.
Learn more about Open Door Health Center Inc.


Cloudingo's multi-user feature is available to Enterprise customers. With multi-user logins, admins can share the responsibility for data maintenance, while also managing who can access and modify data with Cloudingo. Control access and permissions, and increase security by easily setting various types of logins and assigning roles to each Cloudingo user. For example, restrict access to certain filters, dashboards, Salesforce connections, or Cloudingo functions. In addition you can audit and track who made what changes and when in both Cloudingo and Salesforce.
There are two ways to connect Cloudingo and Salesforce to allow for multiple users. These options are are found on the Settings page under the Admin menu.
Cloudingo communicates with Salesforce via a single Salesforce admin user.
Cloudingo audit reports track changes made by individual users.
Changes in Salesforce (last modified and history tracking) are attributed to a single Salesforce admin user.
Permission restrictions can be set for specific Cloudingo users.
Cloudingo communicates with Salesforce via each individual user's designated Salesforce ID.
Changes in Salesforce (last modified and history tracking) are attributed to the Salesforce ID of the Cloudingo user.
Both Salesforce and Cloudingo permission restrictions apply.
Roles define the permissions available to users. These can be managed on the Manage Roles page by clicking Roles under the Admin menu.
Permissions in existing roles can be edited and new roles with custom permissions can be created.
Cloudingo Users can be added by selecting from a list of Salesforce users or by manually creating new users. Users can be managed on the Manage Users page by clicking Users under the Admin menu.
One user must be designated as the Owner, typically the admin.
Roles are assigned to users on the Manage Users screen.
The Manage Dashboards' screen enables Admins to create new filters for specific users which will then be downloaded from that User's filter library onto their dashboard. Dashboards can be managed on the Manage Dashboards page by clicking Dashboards under the Admin menu.
The first time a new Cloudingo user logs in, their dashboard will be empty. Users will need to create their individual dashboards by adding filters from the Filter Library and selecting which filters they would like to appear on their dashboard. To do this, click on the menu with the user's name on the upper right and select Filter Library. Check which filters you'd like, and select the "Create Filters" button.
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Gotham Season 5 Episode 6 Review: 13 Stitches
Lisa Babick at February 14, 2019 9:00 pm . Comments
Eduardo didn't come to Gotham to play nice.
And while Jim thought he solved the problem of his old friend on Gotham Season 5 Episode 6, Walker showed up to give Eduardo a second chance as Gotham's newest supervillain.
That's right. Bane was finally born. If Jim thought he had problems before, he has no idea what's in store for him now.
It will be a shock when he meets the new and improved Eduardo, and I have no clue how Jim and friends will be able to stop that mega monster.
Related: Project Blue Book Season 1 Episode 6 Review: The Green Fireballs
I'm also not clear on what Walker intends to do about Gotham or why exactly she wants to see it burn.
But who cares about Walker and Bane right now. Their time for wreaking more havoc on Gotham will come, especially if they team up with Jeremiah, but that's a big if.
Jeremiah has some definite plans, but destroying Gotham isn't one of them. If he feels his city is threatened, it's quite possible he'll eliminate that threat, pronto.
I'd listen to her, Jim. I hear trust is in short supply.
Permalink: I'd listen to her, Jim. I hear trust is in short supply.
But it might not even be Gotham he cares about as much as Bruce. He went to great effort to clone Martha and Thomas Wayne, and he'll want Bruce's full attention.
Super strength or not, Bane will be no match for Jeremiah's brilliant mind.
Related: Gotham Season 5 Episode 5 Review: Pena Dura
Speaking of brilliant minds, I almost fell off my chair when Bullock (of all people) solved Ed's ridiculous riddle about pallid beach mice.
Jim, they used me as a pawn to murder innocent people. They messed with my brain. The thing that I want is revenge.
Permalink: Jim, they used me as a pawn to murder innocent people. They messed with my brain. The thing...
Ed was not thrilled because Bullock almost ruined Jim's plan to get the recording out to the mainland. Luckily, Bruce took down Eduardo's guy and got the antenna up and running just in time.
Still, it was a precarious few moments when people were shooting at Ed, and knockout gas filled the station.
Ed knows he's not innocent by any means, but he won't tolerate getting blamed for something he had no control over. Killing everyone at Haven was not his doing. Neither was trying to kill Jim at Eduardo's command which is why he was so willing to go along with Jim's plan.
Barbara: What is it going to take for you to trust me.
Jim: With everything you've done? I don't know.
Permalink: With everything you've done? I don't know.
Even though the plan was a success, there's no guarantee that Jim still won't hunt Ed down, but for now, at least, Ed knows he's got an ally in Barbara.
It wasn't surprising in the least that Jim turned to Barbara for help. He ALWAYS turns to Barbara when he's in desperate need of something.
Related: 17 Ways Jim and Barbara's Love on Gotham is the Most Epic Ever!
She proved throughout Gotham Season 5 that she's more than trustworthy, yet he still finds it impossible to trust her.
It's maddening, so it was sweet as hell when she dropped the pregnancy bomb the way she did.
But it wasn't just because he couldn't find it in himself to trust her, the reappearance of Lee set her emotions running.
She didn't like how quick Jim slipped into his "I'm in love with Lee mode" and decided dropping the news in front of her was the best way to put a damper on that reunion.
Lee showing up is not a good thing. Lee pretending as if she and Jim are old friends after everything that happened is not a good thing.
She was the Queen of the Narrows running around with Ed, and now she's acting almost as goody two shoes as she was when she first met Jim. Why couldn't she just stay away?
She is going to complicate things between Barbara and Jim. We may get a baby Batgirl, but we may never have the true reunion they deserve.
Related: Enjoy UNLIMITED access to thousands of Movies and TV shows with Amazon Prime Video. WATCH ANYWHERE. CANCEL ANYTIME!
Lee isn't even a threat anymore after that lame attempt at trying to kill Jim as Walker's robot. Robot Lee lasted less than a minute, but I get why that storyline needed to die -- it just wasn't going anywhere.
Ed's portion of it was good. Lee's? Not so much.
Having Lee back is a major annoyance, and if she and Jim rekindle their romance, I'm going to root until the end of the series for her to have an accident ala Ed's Isabella.
I'm also going to keep rooting for the new alliance between Penguin and Selina. Out of everything that happened this hour, that connection was the bomb!
Selina: What makes you think I would help you after you killed Tabitha in cold blood.
Penguin: Because you believe in an eye for an eye. As hard as it may be for you to swallow, Tabitha made her bed when she killed my mother.
Permalink: Because you believe in an eye for an eye. As hard as it may be for you to swallow, Tabitha...
Selina has really captured her role as Catwoman even if she's not known as Catwoman yet. Penguin might think it's his crew that she's on now, but when the time comes, she's going to be the boss of the party.
Oswald didn't have anyone else to ask to get rid of Magpie, so she was the most logical choice, but Oswald needs to beware.
Selina might seem convincing when she says she wants to leave Gotham and start over, but she's not going to forget about what Penguin did to Tabitha so easily.
She might believe in an eye for an eye, but she's also all about herself and how she can benefit from a situation. Penguin is the same way which is why he's blind to any of Selina's alternative motives.
I don't want to be the person who killed Jeremiah Valeska. I just want to be myself. I can't do that in Gotham anymore.
Permalink: I don't want to be the person who killed Jeremiah Valeska. I just want to be myself. I can't...
He might be enjoying he newfound friendship for now, but he needs to stay on guard.
Is Selina on the up and up?
Will Lee and Jim rekindle their romance?
Will Jeremiah take on Bane?
19 TV Deaths That Made Us Jump For Joy
Hit the comments and share your thoughts!
If you need to catch up, you can watch Gotham online right here via TV Fanatic!
13 Stitches Review
Editor Rating: 5.0 / 5.0
Lisa Babick is a staff writer for TV Fanatic. Follow her on Twitter.
Tags: Gotham, Reviews
Gotham Season 5 Episode 6 Quotes
Added: February 11, 2019
Gotham Season 5 Episode 6
Watch Gotham Online: Season 5 Episode 6
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Watch Gotham Season 5 Episode 6 Online
Gotham Season 5
Gotham Review: 13 Stitches


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Playtech Expects €300 Million in 2020 Earnings
The company saw growth in its various business verticals.
Arnab Shome | Technology ( Institutional FX ) | Tuesday, 12/01/2021 | 10:23 GMT+2 2021-01-12T08:23:35+00:00 2021-01-12T10:46:08+00:00
Photo: PlayTech
Playtech plc (LON:PTEC), a provider of online gaming and sports betting software, has published its annual trading update for 2020 on Tuesday, showcasing excellent progress and expecting an adjusted EBITDA of at least €300 million.
The company highlighted that the numbers were driven by the boost in its business in the first half of 2020, but also revealed that H2 was challenging.
Though Playtech's financial unit Finalto, formerly known as TradeTech, brought in most of the profits in H1, its position was replaced by Core B2B and Snaitech.
Finalto's revenue surged by 123 percent year-on-year in H1 of 2020 with €87.3 million. The adjusted EBITDA for the period reached €52.8 million, gaining 544 percent from the previous year.
"Playtech made significant strategic and operational progress in 2020 despite the impact of the COVID-19 pandemic," the London Stock Exchange filing noted.
Aggressively Expanding in Overseas Markets
The company updated that last year, it entered the United States market, launching bet365 and Entain after receiving a license from the state of New Jersey. Additionally, it received regulatory approval from the state of Michigan in December.
Furthermore, Playtech bolstered its business in Latin America and saw strong growth in Mexico, and entered Colombia with Wplay. Moreover, it signed new structured agreements in Guatemala, Costa Rica and Panama.
In Europe, Playtech's Snaitech held its dominance in the Italian market, showing strong online growth and gains in market share.
The company's online Casino, Bingo and Poker businesses, which comes under Core B2B, boomed last year. However, Playtech did not reveal any figures yet.
On the downside, Playtech witnessed a slump in its Asian business due to the harsh COVID-19 restrictions on payment processing imposed by the governments. Furthermore, it brought in more distributors in Asia to add flexibility to its business.
"Whilst the COVID-19 pandemic continues to pose challenges and the macroeconomic outlook remains highly uncertain, Playtech remains well placed to make further strategic and operational progress in 2021," the company added.
Tags: playtech / revenue / tradetech
Chinese Broker TF International Adopts FlexTrade's FlexOMS
Your Bourse Launches MetaTrader Data Migration Services
Gold-i Enhances Crypto Offering with CryptoCortex Integration


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PATRICK v. FEMCO SOUTHEAST, INC., 590 So.2d 259 (Ala. 1991)
LexRoll.com > LexRoll (AL) > Alabama Case Law > PATRICK v. FEMCO SOUTHEAST, INC., 590 So.2d 259 (Ala. 1991)
590 So.2d 259
Terry PATRICK v. FEMCO SOUTHEAST, INC.
1900720.Supreme Court of Alabama.
Appeal from the Tuscaloosa Circuit Court, No. CV-88-1077, Thomas S. Wilson, J.Page 260
Harry M. Renfroe, Jr. of Mountain Mountain, Tuscaloosa, for appellant.
John W. Clark, Jr. and William A. Austill, Birmingham, for appellee.
SHORES, Justice.
This case arises from an alleged wrongful termination. The plaintiff/employee, Terry Patrick, contends that he was laid off because he claimed workman's compensation benefits. The plaintiff sued in the Circuit Court of Tuscaloosa County, and the jury returned a verdict for the defendant/employer, Femco Southeast, Inc. ("Femco"). We affirm.
Patrick was employed as a welder by Femco from 1986 until February 1, 1988. Upon returning to work after a leave of absence caused by an on-the-job injury, Patrick was informed by Tom Whitesell, the plant manager, that he was being laid off "for a while" and that Femco would let him know if he was needed later. On March 7, 1988, Femco hired John Elliot as a welder, mechanic, and field service worker; Elliot stated at trial that he "took [Patrick's] place."
In December 1988, Patrick sued, alleging that Femco had terminated his employment in retaliation for his having filed an action to collect workman's compensation benefits, in violation of Alabama Code 1975, ? 25-5-11.1. Femco contended that Patrick was laid off because business had decreased and because of problems with thePage 261
quantity of work that Patrick performed. In addition, Whitesell claimed that Elliot was hired because he was more "versatile."
On May 2, 1990, Femco counterclaimed for damages, alleging fraud, misrepresentation, and suppression of material fact. Patrick moved to strike the counterclaim and the trial court denied the motion. The trial began on September 10, 1990, and the jury returned a verdict in favor of Femco on Patrick's claim for alleged wrongful termination and also on its counterclaim. The jury awarded no damages on the counter-claim. Patrick filed a motion for judgment notwithstanding the verdict or for a new trial, which was denied.
Patrick raises three evidentiary issues on appeal: (1) Whether the trial court correctly allowed Femco's counterclaim; (2) whether the trial court correctly excluded a nonparty's oral prior inconsistent statement not made under oath; and (3) whether a remark made by Femco's counsel during Patrick's closing argument was so prejudicial as to mandate a new trial even though the trial court gave curative instructions.
The first issue is whether the trial court correctly allowed Femco's counter-claim.
Patrick argues that the counterclaim was a compulsory counterclaim that should have been filed in his workman's compensation action and was not proper in this wrongful termination case; therefore, Patrick argues that because the counterclaim was not filed in the workman's compensation case, it was barred and Femco had no right to pursue it in the present case.
Femco argues that on April 10, 1990, during the deposition of the Pro Steel Fabricators' record keeper, Mary Henderson, Femco discovered Patrick's fraudulent behavior that was the basis of the counter-claim.
A compulsory counterclaim is defined in Rule 13(a), A.R.Civ.P.:
"A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction."
Femco's claim alleging fraud, misrepresentation, and suppression of a material fact did not arise out of the same operative facts as Patrick's workman's compensation case; the issues of fact and law in a workman's compensation case are entirely different from those in a fraud action; the trier of fact in these two claims is not the same; and the evidence to support or refute Patrick's claim and the evidence to support or refute Femco's counterclaim are also different.
Because Femco made a showing that it did not learn of the fraud until April 10, 1990, the date of Henderson's deposition, and because Patrick failed to produce any evidence indicating Femco had prior knowledge of fraud, the counterclaim was properly brought by Femco on May 2, 1990.
The second issue that Patrick raises is whether the trial court erred in excluding a nonparty's oral prior inconsistent statement not made under oath.
Patrick argues that an alleged oral statement made by a nonparty concerning the reason for Patrick's termination should have been admitted as substantive evidence during the trial, even though the statement was not made under oath. The statement was allegedly made by Robert White, Patrick's immediate supervisor at Femco, at the Elks Club in Tuscaloosa during a meeting between the two of them several weeks after Patrick had been laid off; White denied making the statement. At the time of the alleged statement, White was not an employee of Femco.
"Whenever the declarant testifies at [a] trial or hearing, and is subject to cross-examination concerning the statement, then any inconsistent statement given under oath subject to penalty of perjury at atrial, hearing, or other proceeding or in aPage 262
deposition has substantive . . . import in the case." C. Gamble, McElroy's Alabama Evidence ? 159.02(4) (4th ed. 1991). In the present case, White did not testify under oath as to any matters claimed by Patrick; thus, the statement will not be treated as substantive evidence. In fact, White claims that he never made any statement that Patrick alleges he made. If a witness denies having made a prior statement, the alleged statement cannot be shown from testimony of other witnesses.Carroll v. State, 473 So.2d 1219, 1225 (Ala.Cr.App. 1985).
The last issue Patrick raises is whether remarks made by Femco's counsel during Patrick's closing argument were so prejudicial that they mandated a new trial even though the trial court gave curative instructions.
The following exchange occurred during Patrick's closing argument:
Plaintiff's counsel:
"Now, how much money would we be talking about? That is a hard question to answer. I don't know. I would think a very absolute minimum of two hundred and fifty thousand dollars."
Defendant's counsel:
"Well, Your Honor, now, just a second." Plaintiffs counsel:
"I have a right to give an opinion. Let me put it this way: if I were sitting in that jury box ?"
"If Your Honor please, we object to that now. We object to this argument which is, of course, a clearly illegal argument, saying about what he would do if he was sitting in that jury box."
"There is nothing in the law that prohibits me ?"
"He will get half of it and this man will get the other half. That is what he was really talking about is compensating him and compensating his client. He's not talking about punishing anybody. We object to that argument."
"I would like to approach the bench."
Then the plaintiff's counsel said the following at the bench:
"I would like to move for mistrial based on Mr. Donald's statements."
The trial judge then instructed the jury as follows:
"Ladies and Gentlemen, I am going to instruct you to disregard the attorney's argument asking you to put himself in your place or vice versa, and also there is no evidence about any legal fee in this case and I'm going to instruct you to disregard the other attorney's argument about the legal fees."
A statement must be so "grossly improper and highly prejudicial as to be ineradicable from the minds of the jurors, notwithstanding a timely admonition from the trial judge," in order for it to warrant the granting of a new trial. Hill v.Sherwood, 488 So.2d 1357, 1359 (Ala. 1986). Each case must be looked at in light of its particular facts and circumstances.488 So.2d at 1359.
"Replies in kind do not amount to reversible error. . . . Statements or argument of counsel which are provoked or produced by statements or arguments of opposing counsel can furnish no ground for complaint or corrective action."
St. Clair County v. Bukacek, 272 Ala. 323, 331, 131 So.2d 683
(1961); Lawrence v. Alabama Power Co., 385 So.2d 986, 988 (Ala. 1980).
After considering the record of the statements and the actions taken by the court, we are of the opinion that the statements made were not so grossly improper and highly prejudicial that their effect could not be eradicated by the curative instructions given by the trial judge. Therefore, the refusal of a new trial based on these remarks did not constitute reversible error.Page 263
For the foregoing reasons, the judgment of the trial court is due to be affirmed.
HORNSBY, C.J., and MADDOX, HOUSTON and KENNEDY, JJ., concur.


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Credit Unions Lagging in HSAs, 529s
Credit unions have been slow to offer members specialty savings accounts like 529 college saving plans and Health Savings Accounts, according to NAFCU's latest Flash report. See full details on page 6.
By Staff Writer | August 22, 2006 at 08:00 PM | The original version of this story was published on Credit Union Times Magazine


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When you've been granted expungement of a criminal record, you are probably wondering several things:
Can an employer still get access to my record?
Can the police keep copies of my record?
Can someone still review an expunged record at the court?
Is the record under seal?
What happens if someone discloses the expunged record?
Under Virginia Code Section 19.2-392.3, it is unlawful for any person with access to an expunged court or police record to open it, review it, disclose it, or share it with anyone else without a court order.
Anyone who willfully violates this code section shall be guilty of a Class 1 Misdemeanor, punishable by up to twelve (12) months in jail and/or a $2,500 fine.
In other words, once a criminal record is expunged from your record, no one – no one – may view it, open it, or disclose it to anyone. This includes court personnel, prosecutors, police, employers, school officials, etc. The record is permanently sealed.
There are a few limited circumstances allowing disclosure of an expunged criminal record, such as pending criminal investigation, applying for a job with law enforcement, or to protect against an immediate threat to life or property – and only then, it shall not be disclosed without a court order.
The bottom line is that once a record is expunged, it is effectively gone forever.
What Happens to the Physical Records of the Charge After They Are Expunged?
When a criminal record is expunged, the clerk of the court sends the order to the Virginia Department of State Police carries out "prompt sealing or purging of criminal history record information."
The items to be sealed or purged include the various court documents, police reports, and other physical records. Also, any electronic data related to the charge is removed from the state court system, meaning that it cannot be accessed on the computer.
Generally, it takes a matter of 2-3 weeks for records to be expunged after the court enters its order.
Rob Dean Law
401 Campbell Avenue S.W., #302
Email: rob@robdeanlaw.com
© 2015 Rob Dean Law. Privacy Policy. Disclaimer.


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MDS Hub attends three key conferences in Q4 ensuring the MDS Community receive the latest news in myelodysplastic syndromes
News provided by Scientific Education Support on Wednesday 15th Dec 2021
Press release: Available for immediate release
The MDS Hub, run by Scientific Education Support (SES) in partnership with the European LeukemiaNet (ELN), is an open-access online resource dedicated to providing balanced, reliable, and up-to-date medical education in myelodysplastic syndromes (MDS). In Q4, the MDS Hub has continued to provide up-to-date coverage of research in MDS, including topics most relevant for the medical field.
This quarter, the hub virtually attended the Lymphoma, Leukemia, and Myeloma congress on October 18–22, and provided live social media coverage of key talks on the latest in treatment and prognosis for MDS.
The MDS Hub also produced live social media coverage of the 6th International Congress on Controversies in Stem Cell Transplantation and Cellular Therapies (COSTEM 2021) on October 21–24. This was another great opportunity to summarize data presented from experts on topics related to transplantation and novel agents.
In November, the MDS Hub held a steering committee meeting, where we gathered valued expertise from our steering committee members on unmet needs to cover in MDS. We will use this information to guide our content output, including key topics to prioritize in future conferences.
On December 8–14, we attended the 63rd American Society of Hematology (ASH) Annual Meeting & Exposition. We provided both virtual and in-person coverage on a large number of talks. A downloadable resource of the top abstracts to look out for in MDS can be found here.
Reviewing the MDS Hub's impact this quarter, Mia Hill, IME Director at Scientific Education Support, said:
"The MDS Hub has continued to expand its outreach in Q4, and virtual attendance of the key conferences for MDS has been of great importance. We have seen increased interaction on social media, with over 100 new followers on Twitter and just under 30,000 impressions from our daily posts, which included congress updates and article links. We expect further growth before the end of the year as our extensive coverage of ASH 2021 continues."
We would like to take this opportunity to show our gratitude for our existing supporters—Novartis (Silver), Bristol Myers Squibb (Bronze), Geron Corporation (Contributor), and Takeda (Contributor).
For more information on the MDS Hub, please visit mds-hub.com.
For media enquiries, or to explore collaboration opportunities, please contact secretariat@scientificeducationsupport.com or Barry.Connolly@scientificeducationsupport.com.
About myelodysplastic syndromes (MDS)
Myelodysplastic syndromes (MDS) refer to a group of hematopoietic disorders that result in the production of insufficient numbers of healthy blood cells, along with changes in bone marrow morphology and, eventually, overall failure of the bone marrow. Progression of MDS can be indolent or aggressive, and some patients may go on to develop acute myeloid leukemia.
About the MDS Hub
The MDS Hub is an open-access online resource, dedicated to providing balanced, credible, and up-to-date medical education in MDS. Our aim is to enhance knowledge of MDS through the multichannel dissemination of global advances related to their classification, diagnosis, treatment, and management.
The MDS Hub shares new data, evidence-based articles, therapy approvals, expert opinions, and international congress coverage to treatment teams and researchers around the world. Informed by patients, curated by world leaders, and endorsed by expert societies, the MDS Hub supports HCPs worldwide.
Founded in partnership with the European LeukemiaNet (ELN) in 2020, the MDS Hub is guided by an international steering committee of experts in the field of MDS. The steering committee meet regularly to discuss the performance of the MDS Hub and to devise action plans on how best to support the MDS community and address any unmet educational needs.
MDS Hub supporters
Funding for our hubs is made possible through financial support from the pharmaceutical industry. All content is developed by SES in collaboration with an expert steering committee. All content is independent, and the educational supporters are allowed no influence on the content.
If you are interested in becoming an MDS Hub supporter, please contact secretariat@scientificeducationsupport.com.
About Scientific Education Support (SES)
SES is a medical education company with projects such as community physician education though our therapy hubs, community awareness and education through our 'Know' education initiatives, and academic researcher education through Entrepreneurs in Clinical Academia (ECA) programs.
Scientific Education Support already has a portfolio of successful websites supporting the advancement of medical education in the field of hemato-oncology: the ALL Hub, AML Hub, GvHD Hub, Lymphoma Hub, Multiple Myeloma Hub, and MPN Hub.
About the European LeukemiaNet
220 participating centers in 44 countries with more than 1000 researchers and clinicians are cooperating in the European LeukemiaNet. The objective is to integrate the about 120 leading leukemia trial groups (CML, AML, ALL, CLL, MDS, MPN), their interdisciplinary partner groups (diagnostics, treatment research, registry, guidelines), industry and SMEs across Europe to form a network promoting cooperative research for curing leukemia.
Press release distributed by Pressat on behalf of Scientific Education Support, on Wednesday 15 December, 2021. For more information subscribe and follow https://pressat.co.uk/
Health Medical & Pharmaceutical
Scientific Education Support
natasha.fort@scientificeducationsupport.com
https://www.scientificeducationsupport.com/
No media attached. Please contact Scientific Education Support for more information.


Today's technology seems to be moving forward at light speed. Smart homes tout the promise of the Internet of Things (IoT). Cellphones do practically everything except make breakfast. Even cars are starting to drive themselves. In a world where convenience rules, there is one technology that has many of these beat: biometrics.
Imagine being able to do all of these same things, from opening your front door to making your coffee just the way you want it, without having to use any other technology. No keys to lose, no phone to remember to charge, no extra information to input — just your fingerprint, face, vein, iris or other unique identifier. Even more important, not only is it more convenient, it is often more secure and can even make (or save) money in certain cases.
Let's take a look at some of the ways biometrics is (or will soon be) increasing the safety, convenience or revenue potential of individuals and businesses.
When you think about it, biometrics is really just a way to facilitate a switch turning on or off and of making sure the user is authorized to do that. So in a factory environment, for example, potentially dangerous equipment like forklifts and heavy machinery can pose a risk to employees or visitors. Without controls, anyone can go up to that piece of equipment and turn the key. A friend of mine was recently fined $200,000 by OSHA because he had an ignition key in his bailer. Anywhere there is a dangerous piece of equipment biometrics can easily prevent unauthorized access.
In the home environment, a different kind of danger presents itself — kids watching programs that are not suitable. There is talk of one day putting biometrics into remote controls that would allow parents to limit what their kids have access to. Also in the home, there are smart locks today that allow someone to open the door remotely via an app. But how much simpler would it be to simply enroll the kids or grandma into the biometric door lock and not have to worry about not being near your phone when someone needs to get in? It would eliminate that extra step, while actually increasing security.
Having a biometric reader on a residential door also falls under the umbrella of convenience (no more keys!). But there are many more applications that can be made even more convenient than they already are by including biometrics. Smartphones themselves are a perfect example. Already a technology that users find extremely convenient, the leading smartphones now include fingerprint biometrics as an easy and better alternative to a password, pattern or no security at all.
Biometric technology is also being incorporated into some cars for keyless entry. How long before biometrics is what starts the car, making your car both ultra-convenient and virtually burglar-proof?
Really, anything that requires a memory setting is a prime candidate for biometrics. I have even heard of a coffee maker currently on the market that remembers exactly how you like your coffee based on your fingerprint.
In commerce there has always been the term "middle man." Technologically-speaking, biometrics eliminates that middle man — whether that is a physical key, pin code, ID card or mobile device — when it comes to revenue savings or producing.
Real world examples today include time and attendance, which is the No. 1 application for biometrics right now as it prevents "buddy punching." Labor is often the one of the most expensive components of running a business, so paying employees for time they haven't actually worked means lost revenue.
Facilities that have recyclables often lose money in potential revenue. Many states have can and bottle returns, for example; but how many employees just throw these into the garbage without thinking? Biometrics can be used to filter the garbage and recycling, perhaps even tied to an employee incentive program for most recycling in a month.
Retail stores already use video analytics and heat mapping to collect information on shoppers' behaviors. What if, by facial recognition, they could also recognize frequent shoppers and be able to greet them by name and direct them to specific areas of the store they know that shopper might be interested in due to their previous shopping habits?
Outside of the U.S. there is a growing trend to replace bank cards with biometrics, helping to eliminate theft and verify identify (while also increasing convenience for the user). Japan uses palm vein readers in many of their ATMs. And one very large ATM manufacturer will soon be using our fingerprint sensor in their next generation ATMs in India and Pakistan. The U.S. is still very card-centric, but when biometrics start gaining popularity in the rest of the world, the trend will eventually work its way to us.
These are just a few of the ways biometrics will likely play an increasing role in our society and beyond in the future.
Larry Reed is CEO of ZKAccess, a provider of biometric and RFID access control solutions.


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A Whipple-Blown Chevy SS Struts Its Stuff On The Dyno
By Josh Kirsh April 07, 2015
Ahh, yes, the Chevy SS (no rhyme intended), how we love thee.
No, the car in the video doesn't appear to be a Chevy SS, and that's because the owner was smart and installed the Holden Commodore badge kit and front grille. It doesn't add any horsepower, but for Holden fans, it makes all the difference. This particular LS3-powered big-body sedan was recently at Tune Time Performance in New Jersey for some much-appreciated upgrades, resulting in a great horsepower bump over the factory numbers.
When the SS was in the shop, the crew at Tune Time installed a 4.0-liter Whipple supercharger, Tune Time CNC heads, a Tune Time Stealth Blower Cam, and American Racing headers and mufflers. With every piece of new hardware installed, the car went onto the automotive lie detector to see what kind of power was made. As the car gets rolling on the dyno, it becomes more apparent that the American Racing headers and mufflers make the car sound like a total animal, and we love it.
Pulls one, two, and three were all really consistent, and the blower was at 8 PSI for all three runs. The shop claims that they made 245 horsepower over the factory numbers, which seems about right considering the SS's LS3 makes 415 at the crank and about 360 horsepower at the wheels with an estimated drivetrain loss of about 15 percent. The SS is a great car and it can only get better from here, provided Chevrolet keeps it in the lineup. We hope they do because it's the closest thing we have to a Holden Commodore.
Josh Kirsh
Born in Van Nuys, Raised in Murrieta, Joshua Kirsh is a SoCal Native. With a love for anything on wheels since the ripe young age of two, Joshua Managed to turn his love for automobiles into a career. As Power Automedia's newest writer, he plans to bring you some of the industry's hottest news topics while he's not out in the shop wrenching on some of our badass in-house project builds.
How To Select The Right Transmission Controller From US Shift
Holley Carb Tuning: Learn From The Experts At Holley
SpeedVideo Announces Transition to Subscription Model In 2020
Driven Racing Oil For Project Snake Eyes: A Conventional Hot Rod
Requiem For The SS: Chevrolet SS Officially Canceled After 2017
Smokin Deals On Chevy SS Sedans Already Out There
2016 Chevy SS Gets A New Face But No More Power For Final Run


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{Exclusive Excerpt w/Giveaway} Ebb and Flow by Andrew Grey
Title: Ebb and Flow
Author: Andrew Grey
Series: Love's Charter (Book 2)
Release Date: Aug18 2017
Edition/Formats Available In: eBook & Print
To achieve happiness, they'll have to find the courage to be their own men.
Asfirst mate on a charter fishing boat, Billy Ray meets a lot of people, but not one of them has made him as uncomfortable as Skippy—because he's drawn to Skippy as surely as the moon pulls the tides, and he's almost as powerless to resist. Billy Ray has spent his life denying who he is to avoid the wrath of his religious father, and he can't allow anyone to see through his carefully built façade.
Skippy is only in town on business and will have to return to Boston once he's through. But he doesn't count on Billy Ray capturing his attention and touching his heart. After all, his father has certain expectations, and one of them is not him staying in Florida.
Billy Ray doesn't realize just how much he and Skippy have in common, though. They're both living to please their fathers instead of following their own dreams—a fact that becomes painfully obvious when they get to know each other and realize how much joy they've denied themselves. While they can't change the past, they can begin a future together and make up for lost time—as long as they're willing to face the consequences of charting their own course.
This is an excerpt or deleted scene that has never been seen on any public forum yet.
Skippy had stayed up late making notes on his case. Well, at least he tried to go through the material and become familiar with the details he'd need. His mind was definitely elsewhere, and he read over the same pages again and again before finally putting them aside.
Jerry walked into the living area in a pair of shorts, his small stature on full display. He might not be a big man, but he was toned and as smooth as a baby's butt… on purpose. Jerry hated body hair, so he'd gone to great lengths to have it removed.
"God, if you keep doing this, you're going to wear yourself to the bone. Anyway, officially you're still on vacation."
"I have to work. It's why I'm here." Skippy picked up the papers once again. "Though I will admit I'm not getting anywhere fast." Still, he tried to read once again, ignoring Jerry as he wandered around.
"Do you think I'm attractive?" Jerry asked.
"What?" Skippy replied absently, but then registered what Jerry had asked. "Yes. Of course you are, and you know it." Skippy continued trying to make his way through the dry case files and various positions. He needed to formulate a potential argument that he could use with the clients to win the case. "What's gotten into you?"
"Well, I've been out here in practically nothing, prancing around in front of you, and you haven't even noticed."
Skippy put down his papers, screwing up his face. "Ewww. You're like my brother—all of you are. The thought of having sex with any of you is like incest or something." He shuddered. "What the hell has gotten into you?"
"Just that you're not dead, and there's a mostly undressed man parading around in front of you and you aren't even looking. So I have to ask, what's wrong with you? I mean, it's okay to look. But I might as well be invisible."
Skippy shook his head. "Do you hit your ego on the ceiling often? I've seen all of you at various times without anything on. Big deal. Well, in Steven's case, it is a big deal—a really big deal—but we'll let that go for now." He giggled, and Jerry broke a smile. "So if you want to parade in front of someone, why not him?"
"Because he has eyes for someone's assistant, and I'm not sure, but the two of them might be making some sort of deal of their own." Jerry waggled his eyebrows.
"Good for them. As long as Steven treats Alec right, I'm fine with it. They deserve people who will treat them right. But I did tell Steven that if he hurts Alec, his big balls will be history." Skippy made a snip motion with his fingers.
"Fine. But that doesn't explain what's with you. Unless a certain first mate has caught your attention." Jerry sat on the sofa next to Skippy's chair.
Andrew grew up in western Michigan with a father who loved to tell stories and a mother who loved to read them. Since then he has lived throughout the country and traveled throughout the world. He has a master's degree from the University of Wisconsin-Milwaukee and works in information systems for a large corporation.
Andrew's hobbies include collecting antiques, gardening, and leaving his dirty dishes anywhere but in the sink (particularly when writing) He considers himself blessed with an accepting family, fantastic friends, and the world's most supportive and loving partner. Andrew currently lives in beautiful, historic Carlisle, Pennsylvania.
Barnes and Noble Page
Facebook Group All the Way with Andrew Grey
Twitter @andrewgreybooks
For Other Works by Andrew Grey
(Please Be Sure To Stop by His Website to See All of His Works)
Posted by The Voluptuous Book Diva
Labels blog tour, book tour, contemporary romance, exclusive excerpt, giveaway, m/m
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