text:
Joyce I. PinneyFebruary 01,2013
Joyce I. PinneyJoyce I. Pinney
Joyce I. Pinney, 85, of Rutland, died January 31, 2013, in The Pines at Rutland. She was born October 10, 1927, in Rutland, Vt., the daughter of James Lucius and Ethel Leona (Nutting) Taylor.
Joyce graduated from Meldon School.
On September 14, 1947, she was married to Robert P. Pinney Sr. He predeceased her on April 27, 2002.
Before Joyce was married, she worked at New England Telephone Co. and later as a bookkeeper for many years with her husband at Pinney Electric Co.
She enjoyed volunteering at Rutland area schools and with the 4-H Club, and was a member of the Rutland Home Dem.
An avid reader, gardener and homemaker, she also loved dancing, attending her childrens sporting events and all family gatherings.
She was a member of the First Baptist Church.
Survivors include a son, Robert P. Pinney Jr. of Rutland; three daughters, Cheryl Muscatello of Mendon, Linda Chicoine of Milton and Michele Weeks of Wallingford; seven grandchildren; six great-grandchildren; and several nieces and nephews.
The memorial service will be held Sunday, February 3, 2013, at 2 p.m. in Tossing Funeral Home, with the Rev. Mark E. Heiner, pastor of the First Baptist Church, officiating.
Friends may call on Sunday from 1-2 p.m. at the funeral home.
Burial will be in Evergreen Cemetery at a later date.
Memorial contributions may be made to the Haynes House of Hope, 7187 Route 149, Granville, NY 12832; or The Pines at Rutland Activity Fund, 99 Allen St., Rutland, VT 05701.
Tossing Funeral Home is assisting the family with arrangements.MORE IN Obituaries1129 rh obits sutton edited no photo no flag Full Story1129 RH Obits Dwyer edited photo no flag Full Story1129 rh obits bates rites no photo no flag Full Story
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November 29, 2014
January 16, 2006
Swearing at a cop holds little consequence in Virginia but now a local businesswoman is fighting to make cursing at an officer against the law.
Two Senate bills were presented today that would allow police officers to fine people for swearing at them. Both were killed by a Senate subcommittee in Richmond Monday, but there is still hope as three similar bills are being presented in the House of Delegates next week.
"My brother-in-law is a police officer in the county, and going to Foxfield he was doing traffic and was cursed and abused. So he wrote the gentlemen up and when it went to court the judge threw it out and said, 'no, that's in the normal course of your business,'" said Charlottesville businesswoman Mary Loose DeViney.
DeViney doesn't believe police officers should be forced to take that kind of abuse. She along with some law makers is hoping to amend an existing curse and abuse code to include law enforcement specifically.
"Our law enforcement [and] our emergency personnel are out here working hard for us and [for example] when they're patrolling the mall, they don't need to be cursed and abused," said DeViney.
"I think police are held to a lower standard. They are supposed to be able to take the abusive language," said Charlottesville Police officer Dwane Jones, President of the Police Officer's Association.
Advocates of free expression say the bill, although admirable, would never hold up in court of law if passed.
"Police officers certainly are deserving of being treated civilly and with respect, but the idea of forcing people to act this way towards officers by making it a crime to use rude words is a terrible idea, and also unconstitutional," said J. Joshua Wheeler Esq. Associate Director of the Thomas Jefferson Center for the Protection of Free Expression.
The current Virginia code prevents language that would provoke a breach of peace. DeViney hopes to broaden that law
"They'll say that police officers being cursed and abused is in the normal course of their business and I think that's wrong," said DeViney.
There are three curse and abuse bills currently being proposed by the House Delegates. One of those bills is being patroned by 58th district Republican Rob Bell and will be presented to a house committee next week in Richmond.
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Baby found dead in back of KC garbage truck
Published On: Jul 29 2013 10:44:42 AM CDT
Updated On: Jul 29 2013 11:05:32 AM CDT
Updated On: Jul 29 2013 11:05:32 AM CDT
Police have blocked off the 2800 block of Campbell Street where a baby has been found dead in the back of a garbage truck.
Police said a worker on the trash truck saw the baby among the trash in the back of the truck and called police.
Police are trying to determine where along the trash truck's route that the baby was picked up. Police said they are investigating the baby's death as a homicide.
No other details were immediately available.
Copyright 2013 by KMBC.com All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
The views expressed are not those of this site, this station or its affiliated companies. By posting your comments you agree to accept our terms of use.blog comments powered by Disqus


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At head of title: Star wars.
Star Wars fiction.
Life on other planets
Kenobi, Obi-Wan (Fictitious character)
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Very slow and boring compared to prior Star Wars novels. Not recommended if you're looking for a good read
Tells the story of how Luke got to tatooine and what Old Ben did! Well written good story!
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Some times it takes losing everything to find your true path.
Some times it takes losing everything to find your true path.
... only a fool follows another fool.
We are born to die.
Every individual decides his or her own fate -
The shadows of failure follow every living thing.
What's fair got to do with the price of water?
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Title of work
21-40 / Total: 1215
The 40 years' life span of the PKK is over. Consequently the lot of the PKK is being removed. Our Kurdish brothers will be glorious and exalted, they will be appreciated, they will live a happy and peaceful life.
The 40 years' life span of the PKK is completed. Our Prophet (saas) says in his hadiths; "The life of the antichrist is 40 years," he says. Because that lifespan has come to an end, God has given the command for the ruin of that lot. I mean it is Hazrat Khidr (pbuh) who executes that command. That is to say, when a command is given for the ruin of a group, we should know that Hazrat Khidr (pbuh) is the one who undertakes that command.
There is nothing left to call Kobani, as they know it. The region is under the control of ISIS. Those who sow persecution reap persecution. Those who sow wind, reap the whirlwind.
The PKK is after dragging Turkey into a war. They want Turkey in this war no matter how so that their task will be easier. Turkey will not get into a war. We have no business with war. We have no business with Kobani either.
The system of the antichrist is created as perished. This is the destiny of the system of the antichrist. It has not been created as sustainable. Its death and birth have been created together.
The life of the antichrist would last a maximum of 40 years, it cannot be any longer. But Islam remained standing for 1,400 years. Many antichrist movements have passed by ever since the time of our Prophet (saas), they have all remained in history. They have been many different antichrist movements and all have been perished. The PKK is also a movement of the system of the antichrist and it will be perished.
The PKK militants were ruined in Kobani. Eventually God brought their ruin from where they didn't expect. They failed to consider the Power of God. In the Qur'an, God says, "We will lead them, step by step, into destruction from where they do not know." (Surat Al-A'raf; 182)
The 2070's are the last years of the world dominion. 2071 is an end, not a victory. 2023 is the peak point of victory. I mean it is the peak point of transition to perfection. The 2070's are the ending point.
There are two opposite forces; one is the followers of the anti-christ, the other is the followers of the Mahdi (pbuh). The latter acts on love, compassion, mercy, reason, science, righteousness, honesty and sincerity. The followers of the anti-christ use painful paths such as violence, bloodshed, oppression, humiliation and lovelessness.
The name of the system that steps forward with ideas, with thoughts and with love is the system of the Mahdi. The name of the system that uses terror and violence is the system of the anti-christ.
The world is being designed according to the system of the Mahdi right now. When looked at carefully, it will be seen that the whole Middle East is being designed specifically for the system of the Mahdi. This is what lies at the root of all these wars, all these incidents.
There is no violence in the Qur'an; the only condition war in which is considered acceptable in the Qur'an is defense. When a persecutor attacks, we defend ourselves. There is no persecution, no pressure in the Qur'an. You simply defend yourself when attacked by persecutors. The verse is explicit. God says; "There is no compulsion in religion." (Surat Al-Baqarah; 256) God also tells us to say; "O you disbelievers! You have your religion, I have my religion." ( Surat Al-Kafirun; 6) How do you come up with compulsion with these verses?
Those looking for atrocities are worthy of atrocities. If you encourage persecution, if you encourage scourges and bloodshed, those scourges suffocate you. That bloodshed drowns you. If you had approached them with love, they would have come to you with love. You've asked for blood and are faced with blood.
The PKK is a thousand times more dangerous than ISIS. It is a grave danger directly targeting the Turkish nation. We need to warn and inform world governments against the PKK.
The PKK could very easily be brought to their knees with an international coalition. With a strong military blockade, the PKK would totally be paralyzed.
The international force prepared for ISIS should primarily be directed towards the PKK. All their lines of supply should be cut, there should be a blockade; an economic blockade could be widened in all aspects if necessary.
The PKK is over! There is no more PKK! That is the end of discussion. It is very easy to bring ISIS into line. The PKK is Godless, Bookless, faithless. Persuading them is next to impossible, they are treacherous and fickle.
Those ones filled with love, those who are compassionate are the ones who will rule this world. The Turks are the true owners of the world in terms of morality, in terms of love, in terms of compassion and friendship. God is preparing the Turkish nation for this task.
The danger of fanaticism is a danger that concerns the whole world but the struggle against radicalism cannot be done with bullying. There is another option; a struggle with opinions that would yield results very easily.
The main characteristic of Asia is that a lack of quality rules in Asia. Human life has no value in Asia. I am not saying this about everywhere in Asia, but in general they regard people as machines. Turkey's European, loving, modern way of faithful thinking, full of love for God, will put away this dreadfulness. We will be a role model for the whole world.
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21-40 / Total: 1215


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Appeals, Chevron Deference, Citigroup, Consent Decrees, Enforcement
Before making an employee redundant, the employer must:
- Seek internal redeployment within the company and the Group (if any) and offer to the employee any internal redeployment offer. Otherwise, the employee's…more
EU, Foreign Deployment, Redundancy Dismissals
Overall Trends & Outlook -
From an enforcement standpoint, 2013 was another historic year in a number of important ways beyond the sheer number of cases, which were again significant. Federal banking agencies1 issued 701…more
Anti-Money Laundering, Bank Secrecy Act, Banks, CFPB, DOJ
The Securities and Exchange Commission (SEC) issued a report on April 2, 2013 concerning its investigation into the use of social media by public companies in the United States (Report). The Report confirms that a public company…more
In our January 2014 OnPoint - Yes - ICAV! Irish Minister for Finance Announces New Irish Corporate Fund Vehicle - we outlined details of the proposed new Irish corporate investment fund vehicle and the enhancements that it…more
Foreign Investment, Investors, Ireland
The next year brings some major changes to family-friendly rights in the UK.
Shared system of parental leave and pay -
The current position in the UK is that:
Mothers are entitled to up to 52 weeks of…more
Employee Rights, Parental Leave, UK
The three U.S. federal banking agencies (the "Agencies") have adopted a final rule (the "Rule") that implements the Basel III regulatory capital framework and comprehensively revises the regulatory capital requirements for all…more
Banks, Basel III, Compliance, Dodd-Frank, New Regulations
Key Points -
- Comcast Corp. v. Behrend clarifies that the Court's 2011 decision in Wal-Mart v. Dukes, which requires an inquiry into the merits to the extent necessary to resolve Rule 23 issues, extends to antitrust…more
Class Action, Class Certification, Comcast, Comcast v. Behrend, Daubert Ruling
The European Commission published its draft proposal of a regulation regarding European long-term investment funds ("Draft Proposal") on June 26, 2013, heralding the creation of a new type of fund with a long-term investment…more
EU, European Commission, Foreign Investment, Investment Funds, Investors
The Federal Trade Commission ("FTC") announced on January 17, 2014 that the dollar-based thresholds applicable to the Hart-Scott-Rodino ("HSR") premerger notification program will be raised 7 percent from the 2012 levels. As a…more
FTC, Hart-Scott-Rodino Act
While leveraged loan ETF and money market funds face an unsteady near-term future amidst ongoing retail investor outflow, the CLO market is rolling towards its busiest year ever. With year-to-date global issuance at…more
Collateralized Loan Obligations, ETFs, Money Market Funds, S&P, Volcker Rule
In This Issue:
- Supreme Court to Address "Changing Clothes" under the FLSA
- First Appellate Court Decision on FLSA's Nursing Mother Provision
- Courts Continue Trend in Favor of Class Waivers in Arbitration…more
Arbitration Agreements, Breastfeeding, Class Action Arbitration Waivers, Discrimination, Doffing
The Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, Department of Housing and Urban Development, Federal Housing Finance Agency, and Securities…more
Asset-Backed Securities, Compliance, Dodd-Frank, FDIC, Federal Reserve
The new rules on early conciliation will be seen by some as another obstacle in the path of the poor put upon litigant employees and by others as a sensible way to encourage employers and employees to try to resolve disputes…more
Employer Liability Issues, EU, Labor Disputes, New Regulations
A request for information ("RFI") by the U.S. Department of Labor ("DOL") was published on August 21, 2014 regarding the use of so-called "brokerage windows" under retirement plans, such as many Section 401(k) plans, that allow…more
401k, DOL, Employee Benefits, Request For Information, Retirement
Governor Andrew Cuomo signed into law on April 1, 2014 the 2014-2015 New York State budget. The new law, which was widely debated after Governor Cuomo introduced it on January 21, includes a number of changes to New York State's…more
Income Taxes, State Taxes, Tax Reform, Transfer Taxes
The U.S. Securities and Exchange Commission ("SEC") recently issued an Order Instituting Proceedings ("Order") against the administrator and compliance services provider, as well as current and former members of the boards of…more
Board of Trustees, Compliance, Disclosure Requirements, Enforcement, Penalties
The staff of the U.S. Securities and Exchange Commission (the "SEC") released no action relief (the "Letter") addressed to recipients of 18 prior orders (the "Prior Orders") granting exemptive relief to launch actively-managed…more
CFTC, ETFs, Moratorium, No-Action Letters, SEC
The U.S. Securities and Exchange Commission (SEC) has approved sweeping amendments to Rule 2a-7 under the Investment Company Act of 1940 and other rules governing the operations of money market funds (money funds) (Amendments)…more
Disclosure Requirements, Floating NAV, Investment Company Act of 1940, Liquidity Fees, Money Market Funds
Welcome to the latest edition of the International Employment Law Review, presented by Dechert's Labor and Employment Practice. In this issue, we examine the most significant employment law developments in Belgium, England and…more
Collective Bargaining, Employee Rights, EU, International Labor Laws, Russia
The staff of the Division of Investment Management (Staff) of the Securities and Exchange Commission (SEC) has issued an IM Guidance Update (Guidance Update) on the use of social media in investment adviser advertising. The…more
Advertising, Guidance Update, Investment Adviser, Investment Advisers Act of 1940, Ratings
The Supreme State Commercial Court of the Russian Federation (the "Supreme State Commercial Court") issued Decree No. 13 (the "Decree") on 25 January 2013 clarifying certain issues relating to lease agreements. The Decree offers…more
Commercial Leases, Land Titles, Leases, Permits, Registration
Compliance with the Foreign Account Tax Compliance Act ("FATCA") has been causing a great deal of anxiety as the July 1, 2014, start date for FATCA withholding grows nearer. Compliance has been partially hampered by the lack of…more
FATCA, Filing Deadlines, International Tax Issues, IRS
The U.S. Securities and Exchange Commission (SEC or Commission) issued a cease and desist order on September 22, 2014 (Order) against private equity fund adviser Lincolnshire Management, Inc. (Lincolnshire). The Order alleged…more
Cease and Desist Orders, Investment Adviser, Investment Advisers Act of 1940, Misallocation of Funds, OCIE
The FDIC's new rules (promulgated per the requirements of the Dodd-Frank Act) for calculating deposit insurance assessments for insured depository institutions, including "large institutions" and "highly complex institutions,"…more
Asset-Based Methodology, CAMELS, Collateralized Loan Obligations, Dodd-Frank, FDIC
Many with significant balances in certain Cyprus banks are going to suffer substantial losses as a result of the terms of the Cyprus bailout and the restructuring of the Bank of Cyprus and Laiki Bank. Account holders will…more
Breach of Duty, Cyprus Bailout, Misrepresentation
We will leave the hand wringing and teeth gnashing to others. We expect there will be a lot of that in the days ahead. We have had our say on the misguided premises and tortured statutory interpretation underpinning the final…more
Collateralized Debt Obligations, Collateralized Loan Obligations, Dodd-Frank, FDIC, Risk Retention
Several years ago, alternative asset managers were enthusiastically regarding China as a new frontier for fundraising. Indeed, in 2011, Chinese private equity and venture capital firms raised substantially more money from local…more
China, Foreign Investment, Investors, Private Funds, Venture Capital
The Sentencing Council's Definitive Guidance for Fraud, Bribery and Money Laundering Offences (the "UK Guidelines") came into force on 1 October 2014. The UK Guidelines set out a ten step process for sentencing and apply to all…more
Bribery, Corporate Crimes, Corporate Criminal Fines, Criminal Prosecution, Federal Sentencing Guidelines
Executive Summary: Federal Trade Commission v. Wyndham Worldwide Corp.
A U.S. District Court has ruled this week that the Federal Trade Commission (FTC) has authority under Section 5 of the FTC Act to bring enforcement…more
Cybersecurity, Data Protection, FTC, Wyndham
On September 10, the U.S. Securities and Exchange Commission ("SEC") announced charges against 28 officers, directors and major shareholders for violating Sections 13 and 16 of the Securities Exchange Act of 1934 (the "Exchange…more
Enforcement, Enforcement Actions, Internal Controls, SEC, Securities Exchange Act
Introduction -
Cyber security has gained increasing attention in recent years and cyber attacks have become more sophisticated and more frequent. Cyber attacks and other data breaches can affect millions of customers and…more
Cybersecurity, Data Breach, Data Protection, Enforcement, Hong Kong
Following Dechert's series of reports in relation to the Chilean pension funds market and its accessibility to Irish UCITS, see Dechert OnPoint - Moody's Upgrade Points to Reopening of the Chilean Pension Market to Irish UCITS…more
Bailout, Cross-Border, Equity Markets, EU, Fitch
Although the UK competition regime has applied to land agreements since 29 June 2010 [with the enactment of The Competition Act 1998 (Land Agreements Exclusion Revocation) Order 2010], until recently there has been only an…more
Competition, Section 9, UK
The Securities and Exchange Commission ("SEC" or "Commission") recently approved amendments to its net capital, customer protection, books and records, notification and reporting requirements for broker-dealers, in an effort to…more
Audits, Broker-Dealer, Financial Regulatory Reform, New Regulations, Reporting Requirements
A new lump-sum grading scale has been introduced, by Decree n° 2013-721 of August 2, 2013, to help facilitate post-termination settlements at the conciliation hearing stage. The scale may also prove useful for out of court…more
EU, Settlement, Termination
It is unusual for landlords to oppose a lease renewal under section 30(1)(c) of the Landlord and Tenant Act 1954, but a recent decision by the Court of Appeal in the case of Horne & Meredith Properties v Cox and Billingsley has…more
Landlords, Tenants
The U.S. Department of Justice ("DOJ") established a Program for Non-Prosecution Agreements or Non-Target Letters for Swiss Banks (the "Program") on August 29, 2013. The Program is intended to facilitate a resolution with the…more
Banks, DOJ, EU, Foreign Bank Accounts, Non-Prosecution Agreements
Proposals have recently been put forward by the European Commission to reform European law on trade secrets by harmonising protection across all EU member states. The proposals are in the form of a draft directive which has…more
Confidential Information, EU, Trade Secrets
In This Issue:
- ILPA Guidelines Have Noticeable Impact
- Extracting Tax Value in Debt Refinancings and Modifications
- Private Equity and Venture Capital Investing in China: Exit Strategy and Circular 698
- BDCs…more
ILPA Guidelines, Private Equity, Private Equity Funds, Venture Capital
The continuing turmoil in Ukraine has once again heightened Europe's concern over its energy security and rehashed memories of the gas disputes of January 2006 and 2009 when supplies to Europe were disrupted. Following these…more
Energy, EU, Foreign Policy, Popular, Russia
The Volcker Rule ("Volcker Rule" or "Rule") is intended to limit risks to the financial system that Congress believes may be created by (i) proprietary trading operations of insured depository institutions, foreign banking…more
Banking Sector, Collateralized Debt Obligations, Dodd-Frank, Financial Regulatory Reform, Hedge Funds
The SEC has amended Rule 506 of Regulation D and Rule 144A under the Securities Act of 1933 (Securities Act) to (1) permit, in certain circumstances, an issuer to engage in general solicitation and general advertising in…more
Accredited Investors, Advertising, Bad Actors, Broker-Dealer, Dodd-Frank
On July 1, 2013, the Federal Service for Financial Markets ("FSFM") announced that it had opened its first investigation into a potential violation of the Insider Trading Law, which had entered into force in June 2010. However,…more
Bank of Russia, FSFM, Insider Trading, Russia, Vladimir Putin
Constructive dismissal is, in effect, a resignation treated as a dismissal. The employee terminates the employment contract in response to an employer's alleged breach and the Employment Tribunal then assesses the employer's…more
Breach of Contract, Constructive Discharge, Employer Liability Issues, Employment Contract, Employment Tribunals
The Securities Act of 1933, 15 U.S.C. § 77a et seq., provides for civil liability when a registration statement or prospectus contains material misrepresentations or omissions. Section 13 of the Securities Act, 15 U.S.C. § 77m,…more
Misrepresentation, Pleading Standards, Registration, Securities Act of 1933, Statute of Limitations
Two of the largest subprime auto-lenders disclosed last week that they have received subpoenas from the U.S. Department of Justice (DOJ). The U.S. Attorney's Office for the Southern District of New York is leading an…more
Automotive Loans, DOJ, Enforcement, Enforcement Actions, FIRREA
To bring their full financial and operational expertise to portfolio companies, private equity firms frequently adopt an active approach to overseeing their investments. However, the greater a firm's involvement in the…more
Employee Rights, Franchises, Franchisors, Joint Employers, McDonalds
In keeping with the commitments it made prior to joining the World Trade Organization (WTO) to remove inconsistencies in legislation regulating the Russian banking sector, the Russian Government passed the Federal Law "On…more
Foreign Banks, Russia, WTO
A new French tax law, effective since the beginning of this year, has generated much excitement by creating an enhanced favorable tax regime – the PEA PME-ETI – for individual investors. The new regime is similar to the Plan…more
Capital Gains, Corporate Taxes, EU, Income Taxes, Shared Savings Program
The Internal Revenue Service ("IRS") and Treasury Department issued Notice 2014-52 (the "Notice") targeting corporate inversions on September 22, 2014 (the "Notice Date") in the U.S. Tax considerations are important for…more
Controlled Foreign Corporations, Corporate Taxes, Cross-Border, Foreign Subsidiaries, Inversions
In employment law, a very hot topic continues to be the issues surrounding the Family and Medical Leave Act (FMLA) which entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family…more
Employee Rights, Employer Group Health Plans, Employer Liability Issues, FMLA, Unpaid Leave
Regulators in Hong Kong and China recently announced the imminent launch of "Stock Connect" on next Monday, November 17, 2014. Stock Connect gives a wide array of fund managers, private investors, and other market participants…more
China, Foreign Exchanges, Hong Kong, Shanghai Futures Exchange, Stocks
CLO managers and lead arrangers of syndicated loans received special attention in a proposal jointly released by six federal agencies to implement the credit risk retention requirements of Section 941 of the Dodd-Frank Act…more
Collateralized Loan Obligations, FDIC, Federal Reserve, FHFA, HUD
On January 18, 2013, the United States Supreme Court granted certiorari to resolve a circuit split concerning the extent to which the Securities Litigation Uniform Standards Act of 1998 ("SLUSA") preempts state law claims that…more
Brokers, Equity Securities, Federal Preclusion, Fraud, Investors
The Obama Administration has long expressed concerns about the vulnerability of America's critical infrastructure to cyber-attack. On February 12, 2012, the day of the President's State of the Union address, the Administration…more
Barack Obama, Critical Infrastructure Sectors, Cybersecurity, Cybersecurity Framework, DHS
The following sets out a summary of recently announced major changes affecting the transfer pricing policy of certain French companies.
New Provisions of French Law -
Provisions Already Adopted -
Within the…more
Corporate Taxes, EU, OECD, Required Documentation, Transfer Pricing
In times of austerity in Europe and America, emerging markets such as Africa, China, India, Latin America, the Middle East and CIS are increasingly offering the key opportunities for growth and investment returns for private…more
Bribery, Corruption, Emerging Markets, Investors, Private Equity
The Federal Ministry of Finance (BMF) issued a draft ordinance for the amendment of the Investment Ordinance (Anlageverordnung – AnlV) and the Pension Fund Capital Investment Ordinance for consultation ("Amendment Ordinance") on…more
Foreign Markets, Investment Funds, Pensions
How might a young associate make a positive impression on partners in their new law firm? What to do to make a meaningful impact and stand out in ways that matter?
For a perspective on this oft-asked question, we turned…more
Career Development, Firm Leadership, Young Lawyers
Much has been written about the impact of the Alternative Investment Fund Managers Directive (the "AIFMD") on the marketing and management of private equity and other alternative investment funds, but the impact of the AIFMD is…more
AIFM, AIFMD, EU, Private Equity
In an Opinion authored by Justice Anthony Kennedy for a 7-1 majority, the United States Supreme Court in Fisher v. University of Texas at Austin, et al., allowed public colleges and universities to retain their affirmative…more
Affirmative Action, College Admissions, Diversity, Fisher v University of Texas, SCOTUS
In an Independence Day gift to plaintiffs, the Colorado Court of Appeals ruled in Strudley v. Antero Resources Corp., No. 12CA1251 (July 3, 2013), that Colorado law does not allow pre-discovery Lone Pine orders, often used by…more
Energy, Environmental Claims, Fracking, Fracking Bans, Natural Resources
In a recent decision, the German Federal Court of Justice (Bundesgerichtshof, BGH) abandoned its previous holding whereby, in the event of a delisting, the outstanding minority shareholders could demand cash compensation for…more
Breach of Duty, EU, Fiduciary Duty, Shareholders, Stocks
Developments in the Luxembourg Financial Sector -
The Luxembourg financial regulator, the Commission de Surveillance du Secteur Financier, has published two circulars pertaining to UCITS. The first is aimed at protecting…more
EU, Financial Regulatory Reform, Foreign Banks, UCITS
On November 6, 2014, the Securities and Exchange Commission ("SEC") issued notice of its intent to grant Eaton Vance Management ("Eaton Vance") and related parties exemptive relief from various provisions of the Investment…more
ETMFs, Exchange-Traded Products, Exemptive Relief, Investment Company Act of 1940, SEC
The London Court of International Arbitration ("LCIA") is firmly established as one of the world's truly international arbitral institutions - in 2013 over 80% of the parties to LCIA arbitrations were non-UK - and London is…more
Arbitration, International Arbitration, LCIA, UK
The United States and European Union implemented new sanctions against Russia on 12 September 2014 as a result of the ongoing crisis in Ukraine. While the new US and EU measures share many similarities, companies subject to both…more
EU, Russia, Sanctions, Ukraine
The individuals and entities responsible for setting financial market reference rates or, more broadly, financial benchmarks, have not historically been subject to extensive regulation. Recent misconduct by banks with regard to…more
AIFM, Banks, Benchmarks, Compliance, ESMA
Property Assessed Clean Energy (PACE) loans allow property owners to finance clean energy improvements to their properties generally secured by property liens senior to mortgages through tax assessments. Moody's recently…more
Clean Energy, CMBS, Energy Projects, Lenders, Moody's
The Association of British Insurers ("ABI") has published guidance on the expectations and views of ABI members on various aspects of equity capital market transactions. The guidance is split into three sections, 'Initial Public…more
Corporate Governance, Equity Investors, Insurers, IPO, Private Equity
The government's consultation on underground drilling access for the extraction of gas, oil and geothermal energy came to an end on 15 August 2014. The consultation sought views on the government's proposal to introduce new…more
Fracking, Mineral Exploration, Mineral Rights, Natural Resources, Oil & Gas
In a recent decision that provides important guidance in the developing law related to government seizure of electronic records in criminal investigations, on June 17, 2014, the United States Court of Appeals for the Second…more
Data Collection, Electronically Stored Information, Fourth Amendment, Search Warrant, Warrantless Searches
The Government has announced an updated and revised timetable for the implementation of its proposed employment law reforms over the next two years.
The Government's Employment Law Review was launched in 2010 to improve…more
EU, Job Creation, Medical Leave, Minimum Wage, Pre-Termination Notice
As we have discussed numerous times in this blog, the downturn in the commercial real estate market resulted in much litigation as to guarantor liability for non-recourse debt. As a brief refresher, many of the non-recourse…more
Borrowers, Insolvency, Liability, Mortgages, Nonrecourse Loans
The Georgian International Arbitration Centre ("GIAC") has recently finalised the GIAC Arbitration Rules ("GIAC Rules"), following the completion of the work of the Commission for Final Revision of the Arbitration Rules (the…more
ICC, International Arbitration, New Regulations
Background -
In our previous DechertOnPoints, The Draft Financial Services Bill in the Contextof the Proposed New UK Financial Regulatory Structure and Draft UK Financial Services Bill and the New UK Financial Regulatory…more
Benchmarks, EU, Financial Promotions, Financial Services Act, Financial Services and Markets Act
The U.S. state of Delaware's courts, particularly the Court of Chancery, are usually thought of as doughty protectors of shareholder rights. But some recent decisions have, in fact, narrowed such rights. Following close upon the…more
Forum, Forum Selection Clause, Forum Shopping, Shareholder Litigation, Shareholder Rights
The Commercial Court of England and Wales and the Dubai International Financial Centre Courts (DIFC Courts) signed a Memorandum of Guidance (MoG) on 23 January 2013 concerning the enforcement of judgments between the two Courts…more
Arbitration Awards, Enforcement, Foreign Investment, Foreign Judgments, International Arbitration
With covenant pressure, softness on business plans and uncertainties on market perspectives, mid-cap listed companies are facing increased downward pressure on their stock prices, luring private equity specialists and strategic…more
EU, Foreign Investment, Going-Private Transactions, Investors, Private Equity
Background -
HMRC published a consultation document on 20 May 2013 which proposed major changes to the taxation of partnerships. This was of particular relevance to investment management LLPs – and especially to those…more
Business Taxes, LLPs, Partnerships, UK
We have previously written here on CrunchedCredit about Chinese banks lending in the U.S. With recent news that Chinese state-owned developer Greenland Group has agreed to purchase a 70% stake in Brooklyn's Atlantic Yards…more
China, Foreign Investment, Real Estate Market
The German Federal States on 29 November 2013 approved the bill for the adjustment of the German Investment Tax Act (see also DechertOnPoint: German Investment Tax Act for Alternative Investment Funds) as adopted by the German…more
The U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC") revised its guidance with respect to entities owned 50 percent or more in the aggregate by more than one blocked persons. The new guidance, issued on…more
Extraterritoriality Rules, OFAC, Russia, Sanctions, Ukraine
Those familiar with fundraising in the Middle East will be familiar with the concept of what is loosely dubbed "market" or "tolerated" practice. The terms are, in most people's minds, interchangeable, but in fact look at the…more
Investors, Market Practice, Middle East, Passports, Private Placements
In the wake of recent high-profile corporate governance controversies the UK Financial Conduct Authority ("FCA") has, this week, issued its proposed new Listing Rules which, when implemented, will give enhanced rights to…more
FCA, Foreign Investment, Investors, Listing Standards, Minority Shareholders
In a previous article, we reported that draft legislation had been published to extend the scope of section 363A of the Taxation (International and Other Provisions) Act 2010 to ensure that alternative investment funds (AIFs)…more
Alternative Investment Funds, Foreign Investment, Foreign Investment Fund, Tax Planning, UK
Key Points:
- Defendants in antitrust cases may be able to defeat class certification by demonstrating that the plaintiffs' damages model yields false positives – i.e., that the model calculates injury where none could…more
The international caseload of the English commercial court is enormous. A survey of 705 commercial court judgments handed down in the past five years showed that about 62% of the litigants involved were based outside England and…more
Foreign Judgments, Foreign Jurisdictions, UK
No professional investment adviser would intentionally make a trade or investment error. However, such errors occur from time to time. Formulating an appropriate response to investment errors can be challenging for investment…more
Damages, Duty of Care, Fiduciary Duty, Hedge Clauses, Investment Adviser
In a recent ruling, the United States Court of Appeals for the Ninth Circuit concluded that certain related shareholder derivative suits arising out of a say-on-pay decision involving Pico Holdings, Inc. (the "Company") were…more
Board of Directors, Derivative Suit, Dodd-Frank, Executive Compensation, Fiduciary Duty
Yesterday, the U.S. Securities and Exchange Commission ("SEC"), by a vote of 3 to 2, approved amendments to Rule 2a-7 and other rules that govern money market funds under the Investment Company Act of 1940 (the "Amendments")…more
Liquidity Fees, Mary Jo White, Money Market Funds, NAV, New Amendments
The Financial Crisis, a difficult market situation and a tense liquidity status have led to remarkable difficulties for mid-sized businesses within the past years. Strategic and financial investors have and continue to utilize…more
Corporate Restructuring, EU, Insolvency, Restructuring
The Division of Swap Dealer and Intermediary Oversight (DSIO Staff) of the U.S. Commodity Futures Trading Commission (CFTC) issued exemptive relief on September 8, 2014 to permit a registered commodity pool operator (CPO) to…more
CFTC, CPO, Recordkeeping Requirements, SEC, Swap Dealers
With deadlines looming, Hong Kong's government announced on May 9th a much-anticipated agreement with the United States regarding the U.S. Foreign Account Tax Compliance Act (FATCA). Without this intergovernmental agreement…more
Banking Sector, FATCA, FATCA Timeline, Hong Kong, Intergovernmental Agreements
Recent disputes and controversies involving Chinese subsidiaries of foreign pharmaceutical companies have sounded warning bells on legal and ethical issues regarding participation in China's rapidly growing and evolving…more
China, Enforcement Actions, FCPA, Healthcare, Pharmaceutical Manufacturers
Employees and certain agency workers in England and Wales who have a "qualifying relationship" with a pregnant woman will have the statutory right to unpaid time off work in order to accompany the woman to no more than two…more
Employer Liability Issues, Family Members, Maternity Leave, UK, Unpaid Leave
The U.S. Securities and Exchange Commission's (SEC) Divisions of Investment Management (IM) and Corporate Finance (CF) released a staff legal bulletin (Bulletin) on June 30, 2014, covering various issues involved with proxy…more
Compliance, Investment Adviser, Investment Management, Proxy Voting Guidelines, SEC
Introduction -
The dragon's skin began to shed in 2011, when the Hong Kong International Arbitration Centre ("HKIAC") initiated the revision process of its 2008 Arbitration Rules for Administered Cases ("Old Rules")…more
Arbitration, Hong Kong, International Arbitration
Addressing an unsettled area of Delaware law, the Delaware Court of Chancery (the "Chancery Court") revisited the appropriate standard of review for a going-private merger with a controlling stockholder…more
Business Judgment Rule, Going-Private Transactions, Mergers, Shareholder Litigation, Shareholders
The German Federal Ministry of Finance published the draft Retail Investor Protection Act (Kleinanlegerschutzgesetz, or Act)1 on 28 July 2014. The Act is intended to strengthen the protection of German retail investors – in…more
EU, Grey Market, Investors, Retailers
The Securities and Futures Commission (the SFC), Hong Kong's principal securities regulator, won a significant victory this past April in a long-running, high-profile case against New York hedge fund Tiger Asia Management LLC…more
China, Hedge Funds, Injunctions, Insider Trading, SFC
Technology has spawned the formation of new internet-based marketplaces for illiquid and restricted securities. In most instances, these markets are operated by entities registered with the U.S. Securities and Exchange…more
AngelList, Broker-Dealer, Fundersclub.com, Funding Portal, Investors
In an attempt to address and potentially reduce Russia's incredibly high smoking rate, Russian legislative authorities have enacted a new law that aims to effectively restrict tobacco smoking in certain areas. However, Federal…more
Russia, Smoking Bans
Imagine the following scenario; your company has acquired a lease of a prime piece of real estate to accommodate its fast expanding business. The building's footprint lies in the heart of the city's commercial centre. The…more
Contractors, Insurers, Landlords, Tenants
On March 4, 2014, the U.S. Supreme court in Lawson v. FMR, LLC, 134 S.Ct. 1158, held in a 6-3 decision that employees of a private company that is a contractor or subcontractor of public company are entitled to whistleblower…more
Appeals, Contractors, Lawson v FMR, Privately Held Corporations, Publicly-Traded Companies
Certain retirement plans, such as employee stock ownership plans ("ESOPs"), are specifically designed to invest all or a portion of their assets in stock of the sponsoring employer. For nearly twenty years, the federal courts…more
ERISA, ESOP, Fiduciary Duty, FIfth Third Bancorp v Dudenhoeffer, Fifth Third Mortgage Company
This is our fifth annual Golden Turkey Awards at CrunchedCredit. It just gets easier and easier. There are simply so many worthy contenders for an award this year. You know, we don't stop and take a moment often enough to just…more
Earlier this month, the European Commission imposed fines totaling nearly EUR 302 million on producers of underground and high-voltage power cables, based on allegations that the producers had engaged in illicit market sharing…more
Antitrust Litigation, Antitrust Provisions, EU, IPO, Private Equity
Insider trading remains a top priority for the Securities and Exchange Commission (SEC) and Department of Justice (DoJ). In fiscal year 2012, the SEC filed 58 enforcement actions against 131 individuals and entities and the DoJ…more
DOJ, Enforcement, Enforcement Actions, GAO, Hedge Funds
Several recent legal and regulatory developments in the U.S. will likely alter the makeup of the group of arrangers and financiers willing to arrange and provide financing for certain highly leveraged transactions, and also…more
Acquisition Finance, EBITDA, FDIC, Federal Reserve, Financing
Over the past two years, Dechert has witnessed a noticeable increase in interest from non-U.S. companies in pursuing a listing of equity securities on a U.S. securities exchange. This has been due in part to the continued…more
Dodd-Frank, Exit Strategies, JOBS Act, Private Equity, Sarbanes-Oxley
On 19 June 2014, the Court of Justice of the European Union ("CJEU") delivered a judgment in the ongoing seven-year legal battle between Karen Millen Fashions and Dunnes Stores in Ireland.
Background -
This battle,…more
CJEU, EU, Fashion Design
The U.S. SEC's Division of Investment Management recently released a Guidance Update (the "Update") concerning the application of SEC filing requirements for certain fund-related communications on "real-time" interactive…more
Facebook, Filing Requirements, FINRA, Investment Adviser, Investment Management
The U.S. Commodity Futures Trading Commission (CFTC) held an open meeting in early November 2014 at which it discussed and proposed, among other agenda items, amendments to rules regarding recordkeeping related to commodity…more
CFTC, Covered Transactions, CTA, Proposed Amendments, Recordkeeping Requirements
The Honorable Christine Ward of the Allegheny County Court of Common Pleas in Pittsburgh dismissed a consolidated shareholder derivative suit against the Board of Directors of H.J. Heinz Co. ("Heinz") following a recommendation…more
Corporate Governance, Derivative Suit, Heinz, Shareholders, Special Litigation Committee
Effective September 2013, the U.S. Securities and Exchange Commission (SEC) amended Rule 506 of Regulation D to (1) permit, in certain circumstances, an issuer to engage in general solicitation and general advertising in…more
Bad Actors, Compliance, General Solicitation, Regulation D, Rule 506 Offerings
As of August 4, 2014, citizens with dual citizenship have to inform Migration Services of their second citizenship. Criminal liability for non-compliance with the requirements is fee from RUB 200,000 or compulsory community…more
Citizenship, Dual Citizenship, Russia
Five years removed from the credit crisis and "great recession" of 2008, the U.S. fund industry still faces substantial litigation risk, both in terms of ongoing cases that challenge the core of the advisory/sub-advisory model…more
Investment Companies, Investment Company Act of 1940, Investment Funds, SEC, Securities Act of 1933
The Crime and Courts Bill which received Royal Assent on 25 April 2013 has introduced a new enforcement tool in the UK for fraud, bribery and money laundering offences. The Crime and Courts Act 2013 (the "Act") which is expected…more
Deferred Prosecution Agreements, Enforcement, EU
On October 16, 2012 the President of the Russian Federation signed a federal law establishing the Advanced Research Foundation ("ARF") , a specialized legal entity that will be responsible for research and development in the…more
National Security, Research Funding, Russian Military Procurement, Technology
Presented below is a brief survey of leading cases interpreting Pennsylvania corporate law in situations involving takeovers, proxy fights or other matters affecting corporate changes of control. This summary is by no means…more
Change of Ownership, Fiduciary Duty, Poison Pill, Proxy Contests, Takeover Code
In defending their property rights in the Russian Federation (the "RF"), plaintiffs sometimes fail to either establish the appropriate legal means to pursue a claim in court or correctly identify the defendant. In an attempt to…more
Private Property Rights, Russia
On March 4, 2013, a panel of the United States Court of Appeals for the Ninth Circuit issued its opinion in United States v. Harkonen,1 a case in which the CEO of a pharmaceutical company was prosecuted for transmitting…more
First Amendment, Free Speech, Marketing, Off-Label Promotion, Off-Label Use
Under Section 457A of the U.S. Internal Revenue Code of 1986 (the "Code"), certain offshore and other entities are limited in their ability to provide tax-effective deferred compensation to providers of services to those…more
Deferred Compensation, Equity Compensation, Investment Funds, IRC, IRS
Over the past four years, the U.S. Department of Justice ("DOJ") and U.S. Securities and Exchange Commission ("SEC") have focused on insider trading involving private funds as one of their key targets in the fight against white…more
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Actavis Inc., FTC, FTC v Actavis, Generic Drugs, Hatch-Waxman
Background to the Regional Passporting Proposals -
The "ASEAN Framework for Cross-Border Offering of CIS (Collective Investment Scheme)" (ASEAN CIS Framework, or Framework) finally went "live" on 25 August 2014, amid much…more
ASEAN Funds, Asia, Foreign Investment, Investment Schemes, Investors
With its recent decision in Westmoreland County Employee Retirement System v. Parkinson, et al., the United States Court of Appeals for the Seventh Circuit has confirmed that the courts of the Seventh Circuit can be a…more
Board of Directors, Business Judgment Rule, Derivative Suit, Directors, Officers
Executive Summary -
Following the consultation paper published by the European Securities and Markets Authority (ESMA) in February 2014, on 24 June 2014 ESMA published its final draft of the Regulatory Technical Standards…more
Compliance, CRA, Disclosure Requirements, ESMA, EU
ILPA Guidelines,


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Bobo thinks he's going to tell us all about "The Quality of Fear." He babbles that the reaction nationally to Ebola is rooted in weaknesses in our cultural fabric. I'm sure that the ginning up of pants-pissing terror by the media has nothing to do with anything… Mr. Cohen, in "China Versus America," 'splains how Chinese "harmony" and American "freedom" produce the dangerous clash of two exceptionalisms. Mr. Nocera, in "A World Without OPEC?", thinks he knows how the shale revolution has weakened the power of the oil cartel. In the comments "sdavidc9″ from Cornwall had this to say: "To write an article on the future of oil without mentioning global warming is oh so Republican. We are fighting over seating arrangements on the Titanic." Here's Bobo:
There's been a lot of tut-tutting about the people who are overreacting to the Ebola virus. There was the lady who showed up at the airport in a homemade hazmat suit. There were the hundreds of parents in Mississippi who pulled their kids from school because the principal had traveled to Zambia, a country in southern Africa untouched by the Ebola outbreak in the western region of the continent. There was the school district in Ohio that closed a middle school and an elementary school because an employee might have flown on the same plane (not even the same flight) as an Ebola-infected health care worker.
The critics point out that these people are behaving hysterically, all out of proportion to the scientific risks, which, of course, is true. But the critics misunderstand what's going on here. Fear isn't only a function of risk; it's a function of isolation. We live in a society almost perfectly suited for contagions of hysteria and overreaction.
In the first place, we're living in a segmented society. Over the past few decades we've seen a pervasive increase in the gaps between different social classes. People are much less likely to marry across social class, or to join a club and befriend people across social class.
That means there are many more people who feel completely alienated from the leadership class of this country, whether it's the political, cultural or scientific leadership. They don't know people in authority. They perceive a vast status gap between themselves and people in authority. They may harbor feelings of intellectual inferiority toward people in authority. It becomes easy to wave away the whole lot of them, and that distrust isolates them further. "What loneliness is more lonely than distrust," George Eliot writes in "Middlemarch."
So you get the rise of the anti-vaccine parents, who simply distrust the cloud of experts telling them that vaccines are safe for their children. You get the rise of the anti-science folks, who distrust the realm of far-off studies and prefer anecdotes from friends to data about populations. You get more and more people who simply do not believe what the establishment is telling them about the Ebola virus, especially since the establishment doesn't seem particularly competent anyway.
Second, you've got a large group of people who are bone-deep suspicious of globalization, what it does to their jobs and their communities. Along comes Ebola, which is the perfect biological embodiment of what many fear about globalization. It is a dark insidious force from a mysterious place far away that seems to be able to spread uncontrollably and get into the intimate spheres of life back home.
Third, you've got the culture of instant news. It's a weird phenomenon of the media age that, except in extreme circumstances, it is a lot scarier to follow an event on TV than it is to actually be there covering it. When you're watching on TV, you only see the death and mayhem. But when you're actually there, you see the broader context of everyday life going on alongside. Studies of the Boston Marathon bombing found that people who consumed a lot of news media during the first week suffered more stress than people who were actually there.
Fourth, you've got our culture's tendency to distance itself from death. Philip Roth once wrote: "In every calm and reasonable person there is a hidden second person scared witless about death." In cultures where death is more present, or at least dealt with more commonly, people are more familiar with that second person, and people can think a bit more clearly about risks of death in any given moment.
In cultures where people deal with death by simply getting it out of their minds, the prospect of sudden savage death, even if extremely unlikely, can arouse a mental fog of fear, and an unmoored and utopian desire to want to reduce the risk of early death to zero, all other considerations be damned.
Given all these conditions, you wind up with an emotional spiral that develops its own momentum.
The Ebola crisis has aroused its own flavor of fear. It's not the heart-pounding fear you might feel if you were running away from a bear or some distinct threat. It's a sour, existential fear. It's a fear you feel when the whole environment seems hostile, when the things that are supposed to keep you safe, like national borders and national authorities, seem porous and ineffective, when some menace is hard to understand.
In these circumstances, skepticism about authority turns into corrosive cynicism. People seek to build walls, to pull in the circle of trust. They become afraid. Fear, of course, breeds fear. Fear is a fog that alters perception and clouds thought. Fear is, in the novelist Yann Martel's words, "a wordless darkness."
Ebola is a treacherous adversary. It's found a weakness in our bodies. Worse, it exploits the weakness in the fabric of our culture.
Go change your underwear, Bobo… Here's Mr. Cohen, writing from Singapore:
Let us take it as a given that the post-1945 world order with the United States as dominant nation has begun to unravel, that China is rising to inherit the earth, that the unease of our times has much to do with that difficult transition, and that violent conflict is a normal accompaniment to the passing of the baton from one great power to the next. America stood tall at the end of World War II. It also stood on a vast field of corpses.
Let us further posit the far-fetched hypothesis that humankind has learned from history. It must then be determined to avoid another conflagration. Happy talk of hyper-connectivity is not enough. The dream of the victory of enlightened self-interest in the name of the collective good on a shrinking planet was an ephemeral late 20th-century illusion. What will matter above all is the capacity of the United States and China to avoid fatal misunderstanding. In a state of mutual incomprehension, clashing interests will escalate.
How far China and America are from understanding each other became clear to me the other day as I listened to George Yeo, the former Singaporean foreign minister. He set out his view of the United States as a "missionary" power filled with the righteous conviction that it must usher the earth to liberty and democracy, and of China as an anti-missionary power convinced by its own bitter experience of foreign domination that nonintervention in the affairs of other states is a necessary form of respect. Far from cynical exploitation, Yeo argued, China's non-judgmental approach to other powers was above all a reflection of its own history, a form of moral rectitude. The West's perception of Chinese bullying and ruthless mercantilism was just plain wrong.
Yeo is a highly intelligent and thoughtful man with a deep knowledge of China and considerable experience of life in America. I can't help seeing cynicism in China's readiness to extract resources from the realms of dictators or democrats and its unreadiness to do as much as America in stopping Ebola or the killers who call themselves Islamic State. I am sure that, for President Xi Jinping of China, the sight of America getting enmeshed in another Middle Eastern skirmish has its satisfactions. But Yeo made me wonder. Can the missionary mindset begin to comprehend the non-missionary worldview, or even accept such categorization?
The core problem is two forms of exceptionalism, the American and the Chinese. The United States is an idea as well as a nation. Americans, even in a battle-scarred inward-looking moment such as the present, are hard-wired to the notion of their country as a beacon to humanity. President Obama's foreign policy is unpopular in part because he has interpreted a popular desire to regroup as license to be satisfied with hitting singles and avoiding strike-outs. That is the attitude of an unexceptional nation, which can never be America's self-image.
But Chinese exceptionalism is no less powerful. It holds up China as a uniquely non-expansionist power over millennia of history, bringing harmony in a Confucian expression of its benevolence — a China standing in contrast to the predatory West. The Communist Party, with its mantra of "peaceful rise," has fashioned an effective pillar of its ideology through the integration of Middle Kingdom thought. As Joe Studwell, the author of "How Asia Works," put it to me in an e-mail, the party with "not much socialism to cling to, has reached into Middle Kingdom exceptionalism by resurrecting Confucius, starting Confucius Institutes all over the world." The result, as Yuan-kang Wang, an associate professor at Western Michigan University, has written in Foreign Policy, is a widespread belief in "historical China as a shining civilization in the center of All-under-Heaven, radiating a splendid and peace-loving culture."
Exceptionalism, in all its forms, is tenacious. Tell Tibetans about China's peace-loving culture. Tell Iraqis about America's dedication to liberty. The contradictions, and failings, within the beliefs do not diminish them. I believe, still, in the overall beneficence of American power, the fundamental yearning of the human spirit for freedom, and the unique American identification with that desire. Xi's clampdown on the Internet, his attempt to clean up corruption when corruption must be endemic to any one-party state, his expansionism in the South China Sea, and his difficulties with a stubborn pro-democracy movement in Hong Kong all strike me as demonstrating the internal contradictions of "harmony" and "peace" within a Chinese system that has generated prosperity but increasingly stifles the open debate more prosperous people want.
Europeans, with their experience of 20th-century devastation, would argue that all forms of exceptionalism are dangerous, the missionary and non-missionary equally so. They have settled for less in the interests of quiet. America and China will not do that in the foreseeable future, and so their relationship must be viewed with guarded pessimism. In war's aftermath there are no exceptions to human suffering.
And now we get to Gunga Din:
Forty-one years ago this month, the Arab oil embargo began. The countries that were part of it belonged, of course, to the Organization of Petroleum Exporting Countries — OPEC — which had banded together 13 years earlier to strengthen their ability to negotiate with international oil companies. The embargo led to widespread shortages in the United States, higher prices at the gas pump and long lines at gas stations. By the time it ended, the price of oil had risen to $12 a barrel from $3.
Perhaps more important than the price increases themselves was the new world order the embargo signaled. The embargo "set in motion geopolitical circumstances that eventually allowed [OPEC] to wrest control over global oil production and pricing from the giant international oil companies — ushering in an era of significantly higher oil prices," as Amy Myers Jaffe and Ed Morse noted in an article in Foreign Policy magazine that was published last year at the 40th anniversary. Twice a year, OPEC's oil ministers would meet in Vienna, where they would set oil policy — deciding to either hold back or increase oil production. There was always cheating among members, but there was usually enough discipline in the ranks to keep prices more or less where OPEC wanted them.
As it happens, the title of that Foreign Policy article was "The End of OPEC." Jaffe and Morse are both global energy experts — she is the executive director of Energy and Sustainability at the University of California, Davis, and he is the global head of commodities research at Citigroup — who say that if America plays its cards right, OPEC's dominance over the oil market could be over. I think that day may have already arrived.
"OPEC is not going to survive another 50 years," Morse told me. "It probably won't even survive another 10. It has become extremely difficult for them to forge an agreement."
When Morse and Jaffe wrote their article last year, the price of oil was more than $100 a barrel. Today, the per-barrel price is in the low- to mid-$80s. It has dropped more than 25 percent since June. There was a time when $80 a barrel would have been more than satisfactory for OPEC members, but those days are long gone. Venezuela's budgetary needs requires that it sell its oil at well above $100 a barrel. The Arab Spring prompted a number of important OPEC members — including Saudi Arabia and the United Arab Emirates — to increase budgetary spending to keep their own populations quiescent. According to the International Monetary Fund, the United Arab Emirates needs a price of more than $80 to meet its budgetary obligations. That's up from less than $25 a barrel in 2008.
Not long ago, Venezuela asked for an emergency OPEC meeting to discuss decreasing production. Iran has said that such a meeting is unnecessary. Meanwhile, Saudi Arabia has made it clear that it is primarily concerned with not losing market share, so it will continue to pump out oil regardless of the needs of other OPEC members. This is not exactly cartel-like behavior. The next OPEC meeting is scheduled for late November, but there is little likelihood of an agreement.
And why does OPEC suddenly find itself in such disarray? Simply put, the supply of oil is greater than the demand, and OPEC has lost its ability to control the supply. Part of the reason is a slowdown in global demand. China's economy has slowed, and so has its voracious appetite for oil. Japan, meanwhile, is increasingly turning to natural gas and nuclear power.
But an even bigger part of the reason is that the shale revolution in North America is utterly changing the supply-demand dynamic. Since 2008, says Bernard Weinstein, an energy expert at Southern Methodist University, oil production in the United States is up 60 percent. That's an additional three million barrels a day. Within a few years, predicts Morse, America will overtake Russia and Saudi Arabia and become the world's largest oil producer.
What's more, according to another article Morse wrote, this one for Foreign Affairs magazine, "the costs of finding and producing oil and gas in shale and tight rock formations are steadily going down and will drop even more in the years to come." In other words, the American energy industry might well be able to withstand further price drops easier than OPEC members.
When I got Jaffe on the phone, I asked her if she thought OPEC was a spent force. "You can never say never," she replied, and then laid out a few dire scenarios — mostly revolving around oil fields being bombed or attacked — that might make supply scarce again. But barring that, this is a moment we've long been waiting for. Thanks to the shale revolution, OPEC has become a paper tiger.


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sanch Started The Discussion:
Hello everyone, please help me how to use pivot table, vlookup and hlookup in MSEXL. Please send with example in EXL sheet. Thank You.
NIKKI_ - Member Since: Sep 2009
go and google it buddy i think you will find many things there and dont forget to seek the same info on youtube
sourabh77 - Member Since: Feb 2006
I hope you have searched for simiular postings in thie site, \please follow this link, you'll find a useful presentation posted by AS Senthil Kumar
Vlookup n Pivot table(plz need help)
mohannsl - Member Since: Jan 2010
Hai All, I have enclosed No.of EXCEL commands with details of usage. This will be very useful for all. Thanks & Regards, J.Mohana Reddy Cell No.09849315468
Sachin Kondhare - Member Since: Aug 2010
Pivot tabel is an analysis tool which will where data table is too large. for example you have a HR data table which contains employee data where in you have to find out or analyse datewise joining of employees & their CTC.
In this case if you will use pivot in less than minute you will get the data arranged as you require.
Vlookup & Hlookup are functions defined in excel which will help to find records from one table to another by horizontally & vertically. But it has some conditions which needs to satisfy. Go through the excel help for the conditions. function alias @vlookup(reference of data which need to find, reference table where reference data can be find,result column number, else zero).
ajay8587 - Member Since: Feb 2009
Great Sir, it is really a great work that you have posted. It is really very dedicated work of yours and I really appreciate the worth of it. thanks
sudharshanan.v - Member Since: Feb 2008
Mr. Sanch I hereby attach the attachment word document of how to use the pivot table. Find the attachment. Hope it will be usefull Regard Sudharshanan
Koshish1971 - Member Since: Sep 2009
This is very good comand in excel it will help me in compare the data, copy the data in minutes time, please learn vlookup. Regards, Kosh ====
thyagu86 - Member Since: Sep 2010
Thnx Mohana really useful....
mohannsl Follow Join Date: Jan 2010
Posts: 2
Re: What is Pivot Table, Vlookup,Hlookup in MSExel?
Hai All,
I have enclosed No.of EXCEL commands with details of usage.
This will be very useful for all.
Thanks & Regards,
J.Mohana Reddy
Cell No.09849315468
email@example.com - Member Since: Nov 2010
What is Pivot Table, Vlookup,Hlookup in MSExel Hello everyone, please help me how to use pivot table, vlookup and hlookup in MSEXL. Please send with example in EXL shee
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PNWA literary contest create develop submit . . .
It's your chance to shine. Every writer knows there comes a time to send their work out into the world. Don't miss this opportunity to put your work to the test and compete with some of the best in the northwest at the Annual PNWA Literary Contest. There are 12 categories, cash prizes and every entry receives two valuable critiques. Winners are announced every year at the Summer Conference in front of writers, agents and editors.
category definitions rules & guidelines entry form FAQs
success storyPNWA Literary Contest Entrant: Connie Curley
"Because of the Pacific Northwest Writers Association, two of my articles have recently been published.
First, buoyed by favorable comment son an item I had entered in the 2007 PNWA Literary Contest, I submitted it to several magazines for publication. It was purchased by Mature Living magazine and appears in their July 2009 issue.
Second, a PNWA eNotes which was sent out the end of November 2007 included a "Call for Stories From Cancer Patient." The selected submissions were to be included in an upcoming book by Dr. Bernie Siegel. The book came out in April of this year, and my story is a part of it.
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VTU M.Tech/MBA/MCA First Sem Exam Results 2013 – 2014 – results.vtu.ac.in
Visvesvaraya Technological University or VTU has conducted several exams on B.E, MBA, M.Tech, MCA of all SEM and the results will be available online at its official website http://results.vtu.ac.in. Students can also check the results on indiaresults.com.
Visvesvaraya Technological University, Belgaum, is one of the leading and largest technological universities in India. With 201 affiliated engineering colleges under its jurisdiction, it has grown like anything and one of the most preferred universities by the students willing to make bright career. Every year more than 50k students graduate from the VTU who becomes innovators and creators in their respective fields.
Students who are excited to know their result will just have to click on the indiaresults.com and go to the official page of Visvesvaraya Technological University. Once they land on the website, they can easily know their results by following a few simple steps:
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The students can also view their friends result stats by simply searching results name wise. Candidates can also subscribe to other resources to get time-by-time update on the results announced by VTU.
VTU Results 2013 – http://results.vtu.ac.in
Get instant updates or make yourself aware about every minute update on results from VTU with us. We will try to bring each and every latest happening at VTU for you!!!


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Are You Waiting For Consciousness?
Have you caught yourself waiting 'until...' or waiting for someone to catch up to you before you choose move forward with your life? Are you waiting for consciousness to be everywhere before you choose it for you? What if now is the time to be the difference you be?
Consciousness includes everything and judges nothing. What if now is the time to discover the potency, the joy and the magnificence of YOU? What would you like to create your world as?
Gary Douglas & Dr Dain Heer offer simple, pragmatic tools that create greater awareness and possibilities for change in all areas of life, including relationships, business, money, caring for the earth, bodies and health. They're irreverent, funny and totally committed to sharing weird and wonderful tools for change that actually work!
We invite you to join Gary and Dain on the Access Consciousness® show on Voice America. They run processes that set you free from whatever is limiting you, and explore the questions and choices that lead to greater possibilities. How does it get better than that?
Are you ready to get started? Here's a tool you can play with when you wake up each morning... just ask "Who am I today and what grand and glorious adventures can I have?" What if you could start to create your life as different, just by asking a question? Consciousness truly is that easy.
Click here to go to Access Consciousness® show page on Voice America.
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What is the limitation that you are making more real than you ability to create beyond it? - Finding what you can change that would give you a greater possibility than you ever thought you could have
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Gary and Dain would like to know how you're enjoying the show. If you could tell them how the tools and techniques are working for you, or if you'd like to ask a question, or have a topic you'd like to hear more about, complete the survey below and we'll do our best to implement your feedback!
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Photos and Description of this 4 bedroom holiday home in Montespertoli
Ranking:professionale" The villa with sleeps 8 stands in a panoramic position atop a hill overlooking onto the vineyards in the Florentine countryside, near the village of Montespertoli. The structure has been recently renovated (winter 2008-2009) and is composed of a barns of 140 sq. metres. The structure offers a 360° panoramic view on the surrounding hills covered with vineyards for the production of the famous Montespertoli wine. Accommodation - The villa has 3 double bedrooms and 1 twin-bedded room - 8 beds in total (is possible to have two further single bed)- and 3 bathrooms with shower. The villa spreads out over two floors. The ground floor is composed of wide living-dining room (43 sq mts), large kitchen equipped with oven, fridge, freezer and dish washer, laundry with washing machine and 1 double bedroom with en-suite bathroom with shower. The first floor is composed of 2 double bedroom, 1 twin-bedded room and 2 bathrooms with shower. The bedrooms feature is a precious solid-wood, hand-painted furniture. The villa has a wide private garden with pergolas furnished with table and chairs for dining outdoor. Facilities: A large swimming pool (10x5 metres) among the olive trees. Air conditioning and heating on request. "
COOCKING CLASSES ARE AVAILABLE Ideally located
- Suitability:
- pets considered
Why sergio panchetti chose Montespertoli
My father bought this property in 1970. He worked as a sharecropper on a small farm cultivated with olive trees near the house, but in 1956 due to a large frost many trees died and he and his family left the farm. He moved to Florence where he undertook various activities. In 1970 he was offered this property and he bought it. Now I think it was a great satisfaction for him because after 15 years of work had bought the house of the landowner for whom he worked. I lived in Florence, and every afternoon I was with my father at the villa and I remember that I was so excited for all those rooms and those old furniture in the villa. I grew up here and this house is part of my life. I loved the property and now I am happy when guests enjoy their stay here. It is located in one of the most beautiful and quiet locations in the area on top of a hill surrounded by a ring of hills around. Because of its position every view from the villa in any direction is really fantastic. The villa is at the centre of the triangle Florence-Pisa and Sienna so in more than half an hour drive you can reach the most important towns in Tuscany. For who loves golf there are two colf clubs in the area.