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The last decade or so has seen a marked increase in antitrust damages actions brought before the national courts of the EU Member States. As things currently stand, such actions are governed by the various national laws of the…more
Antitrust Litigation, EU, EU Directive, Statute of Limitations
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On December 13, 2013, the Internal Revenue Service and U.S. Department of the Treasury issued proposed regulations under Section 752 regarding recourse liabilities of a partnership and the special rules for related persons…more
IRS, Partnerships, Proposed Regulation, Risk of Loss, U.S. Treasury
Recent U.S. Cases Highlight Liability Risks to Executives in Mining, Heavy Industrial Transactions - Historically, corporate executives rarely faced personal or criminal liability resulting from mining or environmental…more
Africa, C-Suite Executives, COMESA, Compliance, Corporate Officers
Institutional Shareholder Services Inc. (ISS) and Glass, Lewis & Co., LLC, issued their respective annual updates to their proxy voting guidelines on November 6, 2014. As revised these guidelines have important implications for…more
Bylaws, Employee Stock Purchase Plans, Equity Compensation, Executive Compensation, Fee-Shifting
In This Issue - Welcome to the final issue of International News for 2014. As regulatory oversight of companies—from Sarbanes Oxley and the Dodd-Frank Act to the Foreign Corrupt Practices Act and the UK Bribery…more
Chief Compliance Officers, China, COMESA, Compliance, Disclosure Requirements
The U.S. Court of Appeals for the Eleventh Circuit recently affirmed a decision by the Southern District of Florida that substantially expanded a litigant's ability to obtain discovery in aid of a foreign proceeding. The…more
28 U.S.C. §1782, Discovery, Foreign Corporations, Foreign Jurisdictions
In re Teles AG Informationstechnologien - Addressing whether a patent owner involved in a pre-America Invents Act (AIA) ex parte reexamination, could challenge an adverse reexamination decision in a district court action…more
Appeals, Claim Construction, Ex Partes Reexamination, Obviousness, Patent Litigation
A recent UK Court of Appeal judgment demonstrates a clear and unequivocal endorsement of mediation and makes clear that a party who refuses to acknowledge or engage in an invitation to participate in mediation can face…more
Mediation, UK
The U.S. Federal Trade Commission (FTC) released updated guidance on how to make online advertising and marketing disclosures "clear and conspicuous" to avoid consumer deception. The guidelines affect the structure and format…more
Last week the Mexican Congress approved legislation including Constitutional amendments that were approved by the required number of Mexican states on December 16 that will bring changes to the nation's energy laws that…more
Energy, Energy Reform, Mexico, Oil & Gas
In This Issue: - Regulatory Authorities - Energy - Public Economy Law - Contracts - Public Health - Comparative Law - Excerpt from Regulatory Authorities: French…more
Competition Authorities, Energy Policy, EU
"Reverse Payment" Settlements Face Greater Antitrust Scrutiny Following U.S. Supreme Court Ruling in FTC v. Actavis: Federal Trade Commission v. Actavis, Inc. - Resolving a split among the U.S. Courts of Appeals, the U.S…more
Advertising, ANDA, Antitrust Investigations, Arbitration Agreements, Claims Limitations Period
As the now-lame-duck U.S. Congress convenes for its final legislative session of 2014, the 114th U.S. Congress is gearing up for action. Officeholders on both sides of the aisle are preparing for the shift to Republican control…more
Election Results, Legislative Agendas, Legislative Committees, Political Parties
The Supreme Court of the United States swept away the different standards for Lanham Act prudential standing previously applied by the courts of appeals, and expressly discarded the amorphous concept of prudential standing in…more
Corporate Counsel, False Advertising, Lanham Act, Lexmark, Lexmark v Static Control Components
The Pennsylvania Department of Revenue (the Department) recently finalized its Information Notice on sourcing of services for purposes of determining the appropriate net income and capital franchise tax apportionment factors. …more
Apportionment, Department of Revenue, Franchise Taxes, Multistate Tax Compact
The European Commission has opened an in-depth State aid investigation into a French scheme, under which energy intensive companies are exempted from renewable energy surcharges. The decision to open the formal investigation…more
Energy, Energy Policy, EU, Renewable Energy
In 2014, regulators around the globe issued guidelines, legislation and penalties in an effort to enhance security and control within the ever-shifting field of privacy and data protection. The Federal Trade Commission confirmed…more
Africa, Anti-Spam Legislation, Canada, China, Cybersecurity
Retail Services & Systems, Inc., dba Total Wine & More v. South Carolina Department of Revenue and ABC Stores of South Carolina - A trial-level court in South Carolina recently issued an opinion upholding the…more
The U.S. Department of the Treasury (Treasury) and Internal Revenue Service (IRS) recently released long-awaited final regulations (the Final Regulations) with respect to market rates of return and related Pension Protection Act…more
Equity Plans, Final Rules, Hybrid Plan, IRS, Pension Protection Act of 2006
The Internal Revenue Service (IRS) recently released a draft revised Form 5300 and its instructions. Form 5300, the Application for Determination for Employee Benefit Plan, is generally used to request an IRS determination that…more
Employee Benefits, IRS, Retirement, Section 401, Section 501
Antares Pharma, Inc. v. Medac Pharma Inc. - Addressing the original-patent requirement, tracing vintage Supreme Court cases and interpreting the statutory purpose of 35 U.S.C. § 251, the U.S. Court of Appeals for the…more
Patent Infringement, Patent Litigation, Patents, Pharmaceutical Patents, Reissue Patents
Valeo, Inc. v. Magna Electronics, Inc. - In an Order on Conduct of the Proceedings, the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB or Board) denied a patent owner's request to depose a…more
Depositions, Discovery, Inter Partes Review Proceedings, Patent Trial and Appeal Board, Patents
The Cooperation Agreement between the European Union and Switzerland in competition matters, which entered into force on 1 December 2014, is the first "second generation" agreement concluded by the European Union with a third…more
Competition Act, Cooperation Agreement, EU, Switzerland
Several international news sources recently reported that French law now prevents employees from answering their mobile phones or professional e-mails after 6.00 pm (see articles in the Guardian and USA Today, among others). The…more
CBAs, Email Policies, Employment Contract, France, Mobile Devices
While the focus over the past 16 days has been on the shuttered government and the prospect of the United States defaulting on its debt obligations, there are subtexts that are relevant to the health care industry. This On the…more
Affordable Care Act, CMS, Debt Ceiling, Federal Budget, Government Shutdown
On January 1, 2014, California limited liability company (LLC) law changes in several respects. Unlike other new laws regulating business entities, the new LLC law does not give existing LLCs a choice as to whether to be…more
Consent, Corporate Governance, Fiduciary Duty, LLC, Managers
On May 1, 2014, the White House released two reports addressing the public policy implications of the proliferation of big data. The first report is by the Executive Office of the President, entitled "Big Data: Seizing…more
Barack Obama, Big Data, Data Breach, Data Protection, ECPA
Proposed EU Merger Review of Non-Controlling Minority Shareholding Acquisitions: Challenges and Opportunities for Private Equity - At present, the EU Merger Regulation [Council Regulation (EC) No 139/2004] (the Merger…more
EU, European Commission, European Merger Control Regulation, IPO, JOBS Act
The shale gas sector in the United Kingdom is still in its infancy, but the UK Government has announced recently new measures and incentives to encourage its growth. On 13 December 2012, the Government lifted a temporary…more
Fracking, Oil & Gas, Shale Gas
On January 6, 2015, Makoto Horie of Toyoda Gosei North America pled guilty to the United States Department of Justice (DOJ) for conspiring to fix the prices of automotive hoses sold to U.S. companies. Mr. Horie was sales…more
In Letter of Finding No. 02-20140306 (Dec. 31, 2014), the Indiana Department of Revenue (Department) determined that income from the sale of two operating divisions of a business pursuant to an order of the Federal Trade…more
Business Income, Department of Revenue, Divestiture, FTC, UDITPA
Anti-Cancer, Inc. v. Pfizer, Inc., et al. - Addressing the issue of when it is appropriate to issue sanctions for deficient Preliminary Infringement Contentions (PICs) (under state court procedural rules), the U.S. Court…more
Appeals, Patent Infringement, Patent Litigation, Patents, Pfizer
The Supreme Court of the United States has issued its highly anticipated decision in Fifth Third Bancorp v. Dudenhoeffer, No. 12-751. In an opinion written by Justice Breyer for a unanimous court, the Supreme Court held that..…more
Duty of Prudence, Employee Benefits, ERISA, ESOP, FIfth Third Bancorp v Dudenhoeffer
The countdown to the launch of the new generic top-level domains, or gTLDs, and the surrounding uncertainty about whether the potential commercial benefits will outweigh the perceived burdens, has begun. Is your company ready?…more
Domain Names, gTLD, Trademarks
Several government agencies have voiced concerns related to the level of therapy services necessary to care for residents of Skilled Nursing Facilities (SNFs). The level of therapy services indicated for SNF residents affects…more
CMS, False Claims Act, Health Care Providers, Healthcare, OIG
Scope of The 3 Per Cent Tax - The 3 per cent tax is levied on dividend distributions and/or deemed dividend distributions by French companies, French permanent establishments and other French entities that are liable for…more
EU, Foreign Corporations, Foreign Subsidiaries, Subsidiaries, Tax Refunds
A Closer Look at Leveraged Dividend Recapitalizations - With merger and acquisition activity down over the course of 2012 into 2013, and a weak market for initial public offerings (IPOs), many private equity firms have…more
Bridge Loans, Collateralized Loan Obligations, Debtors, Dividends, Financing
New York City's Earned Sick Time Act (Act) requires all Covered Employers to provide all Covered Employees with written notice of the new law by today, May 1, 2014…more
Employee Rights, Paid Leave, Sick Leave
The Antitrust in Health Care conference took place May 13 to 14, 2014, in Arlington, Virginia, where a number of the speakers were representatives of the Federal Trade Commission (FTC) or the Antitrust Division of the U.S…more
ABA, Affordable Care Act, Competition, DOJ, FTC
On January 21, 2015, the Supreme Court of the United States issued a unanimous decision in Hana Financial, Inc. vs. Hana Bank, et. al., pertaining to a substantive trademark matter, namely, whether a judge or jury should…more
Doctrine of Equivalents, Genuine Issue of Material Fact, Hana Bank, Hana Financial, Hana Financial v Hana Bank
On January 25, 2013, the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) published a final rule (Final Rule) containing modifications to the privacy standards (Privacy Rule), security…more
Business Associates, Covered Entities, Data Breach, Data Protection, Enforcement
The 13th annual Beecken Petty O'Keefe & Company Private Equity Conference took place on Friday, February 21st. McDermott, a lead sponsor of the event, hosted a panel of leading, mid-market private equity (PE) funds to discuss…more
Private Equity Funds
Affirming the federal district court, the U. S. Court of Appeals for the Federal Circuit concluded that a claim was invalid under § 102(g)(2), i.e., the invention was made in this country by another who had not abandoned,…more
Patents, Russia
No Case or Controversy in DJ Against Patentee Who Sued Manufacturer's Customers: Cisco Systems, Inc. v. Alberta Telecommunications Research Center - In a non-precedential opinion addressing declaratory judgment…more
Cisco, Claim Construction, Copyright, FRAND, Offsets
The U.S. Federal Trade Commission (FTC) recently announced increased thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) and 2015 thresholds for determining whether parties trigger the prohibition…more
Filing Fees, FTC, Hart-Scott-Rodino Act, Jurisdiction, The Clayton Act
The Supreme Court of New Jersey recently affirmed a decision that amnesty and late-filing penalties did not apply to the taxpayers in United Parcel Serv. Gen. Servs. Co. v. Dir., Div. of Taxation, No. 072421 (N.J. Dec. 4,…more
Corporate Taxes, Tax Amnesty, UPS
The U.S. Department of Health and Human Services' Office for Civil Rights (OCR) will soon begin a second phase of audits (Phase 2 Audits) of compliance with Health Insurance Portability and Accountability Act of 1996 (HIPAA)…more
Audits, Best Management Practices, Business Associates, Chief Compliance Officers, Covered Entities
Hospital transactions involve complex processes and carry significant ramifications for an institution and the communities it serves. This article outlines key steps that a hospital board and management team should take in…more
Charitable Purpose, Competition, FTC, Healthcare, Hospital Mergers
On Thursday, August 14, 2014, several physicians wrote a letter to Commissioner Hamburg of the U.S. Food and Drug Administration (FDA) expressing their concerns regarding the naming of biosimilar products in light of the…more
Biosimilars, BPCIA, FDA, Generic Drugs, Pharmaceutical
The Centers for Medicare & Medicaid Services (CMS) published the annual final rule on the Medicare home health prospective payment system (HH PPS) rates for calendar year (CY) 2015 in the November 6, 2014, Federal Register…more
CMS, Final Rules, Patient Prospective Payment System
On November 20 and 21, 2014, President Obama announced his plan for executive action on the United States' immigration problems, known as the immigration accountability executive actions. The actions represent the most…more
Barack Obama, Citizenship, DACA, DAPA, EB-2
Today, New York health regulators proposed revised rules that would allow health care providers to merge or cooperate with one another without being subject to federal or state antitrust scrutiny…more
Antitrust Provisions, Healthcare, Healthcare Providers, Hospital Mergers, Hospitals
On May 9, 2014, the Internal Revenue Service and U.S. Department of the Treasury issued proposed regulations (the Proposed Regulations) under Section 856 of the Internal Revenue Code (the Code) to clarify the definition of "real…more
Business Assets, C-Corporation, IRS, Private Letter Rulings, Proposed Regulation
In This Issue: - Features ..Investors in Africa Benefit from Regional Trading Blocs ..Understanding the COMESA Merger Control Regime ..Protecting Your UK Business Against Departing…more
Africa, Brand, China, Coal, COMESA
The Chinese Government's wide-ranging bribery and corruption investigation into the pharmaceutical industry takes a new turn every week. Media reports contain numerous incidents of purported whistleblowers making allegations or…more
Bribery, China, Compliance, Corruption, Dodd-Frank
On October 31, 2014, the Centers for Medicare & Medicaid Services (CMS) issued its final Medicare physician fee schedule rule for CY 2015 (the Final Rule), which also includes certain changes to the Sunshine Regulations…more
CMS, Continuing Medical Education, Final Rules, Medicare, Pharmaceutical
LinkedIn Corp. v. AVMarkets, Inc. - Addressing patent eligibility in a covered business method (CBM) patent review, the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB or Board) concluded that the…more
Abstract Ideas, CLS Bank v Alice Corp, Covered Business Method Proceedings, LinkedIn, Patent Litigation
Appellate Decision Sets Stage for Next Skirmish In The Apple vs. Samsung Smart Phone Wars - A unanimous panel of the U.S. Court of Appeals for the Federal Circuit has concluded that the district court was within its…more
Apple, Apple v Samsung, Fresenius, Patent Infringement, Patent Litigation
On July 12, 2013, the Internal Revenue Service (IRS) issued Notice 2013-43, which extended the implementation of certain provisions of the Foreign Account Tax Compliance Act (FATCA) by six months and eliminated reporting on U.S…more
FATCA, FFI, Foreign Banks, IGAs, IRC
Now that we have eased into 2015, it's time to think about the key employment law issues we'll be facing in the year ahead. The general election in May will, of course, hold most of our attention, but there are other…more
CJEU, Employer Liability Issues, Employer Mandates, Holiday Pay, Parental Leave
REIT Spin-Offs: Recent Transactions and IRS Rulings - Several recent corporate spin-offs in the United States have involved real estate investment trusts (REITs). Provided several requirements are satisfied, including…more
Corporate Taxes, FATCA, Income Taxes, Inversion, Mortgages
There is increasing interest among trustees and beneficiaries to resolve disputes and modify trust documents without going to court. For many years, the primary mechanism to accomplish that in Illinois has been the Virtual…more
Beneficiaries, Dependents, Minors, New Legislation, Non-Judicial Settlement Agreements
Search Am., Inc. v. TransUnion Intelligence, LLC - In an recent covered business method (CBM) patent review proceeding, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) denied the parties' motions…more
Confidential Information, Covered Business Method Patents, Evidence, Evidentiary Rulings, Patent Trial and Appeal Board
2014 Interim Guidance on Patent Subject Matter Eligibility - On December 15, 2014, the U.S. Patent & Trademark Office (USPTO) released examination guidelines titled 2014 Interim Guidance on Patent Subject Matter…more
CLS Bank v Alice Corp, Interim Guidance, Myriad-Mayo, Patent-Eligible Subject Matter, USPTO
On July 22, 2014, three-judge panels of the U.S. Courts of Appeals for the District of Columbia and Fourth Circuits issued conflicting decisions regarding whether the Affordable Care Act (ACA) permits federal tax credits for…more
Affordable Care Act, Halbig v Burwell, Healthcare, IRS, King v Burwell
What are the consequences of a liability insurer's breach of the duty to defend its insured against a potentially covered claim? Recent decisions from the New York Court of Appeals highlight differing views nationwide on…more
Breach of Duty, Commercial General Liability Policies, Duty to Defend, Insureds, Insurers
In This Issue: - Between a Rock and a Hard Place: Navigating Disclosures to U.S. Regulators Within the Framework of China's State Secrets Law - Internal Investigations in China: Collecting and Reviewing Digital…more
China, Disclosure Requirements, Evidence, FCPA, Internal Controls
On May 9, 2014, the Internal Revenue Service finalized regulations that govern the tax treatment of payments made by retirement plans to pay accident or health insurance premiums. Under the final regulations, accident or health…more
Benefit Plan Sponsors, Defined Contribution Plans, Disability Insurance, Final Rules, Health Insurance
In a 7–2 decision penned by Justice Breyer, the Supreme Court of the United States overturned the de novo standard as the sole standard of review of issues arising in claim construction. Teva Pharmaceuticals USA v. Sandoz,…more
Claim Construction, Clear Error Standard, De Novo Standard of Review, Federal Rules of Civil Procedure, Patent Litigation
On October 9, 2014, Pharmaceutical Research and Manufacturers of America (PhRMA) filed a complaint (the October 9 Complaint) against the U.S. Department of Health and Human Services (HHS), the Health Resources and Services…more
Affordable Care Act, HHS, Hospitals, HRSA, Orphan Drugs
"A long time ago in a [May 19, 1980 Federal Register] far, far away [or so it seems]," the U.S. Environmental Protection Agency (EPA) declared its authority to regulate all hazardous secondary material, whether discarded or…more
EPA, Hazardous Substances, RCRA, Recycling, Waste Disposal
On Tuesday, December 16, 2014, the U.S. Senate passed the tax extenders bill by a vote of 76-16, extending a number of energy tax incentives through the end of the year. The Senate's passage of H.R. 5771 followed the U.S. House…more
Energy Tax Incentives, Tax Extenders
Talal El Makdessi v Cavendish Square Holdings BV dealt with restrictive covenants in the context of a share sale. The UK Court of Appeal ruling indicates that contractual deterrents should not be used without careful…more
Default, Shareholder Litigation, Shareholders, UK
Ruling creates planning opportunities to minimize income taxes. In Linn v. Department of Revenue, the Illinois Fourth District Appellate Court reviewed the state's statutory framework for taxing trusts. Linn v…more
Income Taxes, Property Tax, Trusts
The Department of Justice (DOJ) Antitrust Division announced on September 16 that the DOJ and Federal Trade Commission (FTC) have entered into a new antitrust cooperation agreement with Colombia's Superintendence of Industry and…more
Antitrust Provisions, Cooperation Agreement, DOJ, FTC
The full U.S. Court of Appeals for the D.C. Circuit has vacated the 2-1 panel decision issued July 22, 2014, in Halbig v. Burwell, which struck down the Internal Revenue Service (IRS) Rule providing for Affordable Care Act (ACA)…more
Affordable Care Act, Appeals, Halbig v Burwell, Health Insurance Exchanges, IRS
The Opinions on Encouragement and Regulation of Multi-Sited Practices of Physicians demonstrate the Chinese government's continued efforts to develop Chinese physicians' ability to practise at multiple sites, and will provide…more
China, Healthcare, Healthcare Facilities, Hospitals, Physicians
The European Court of Human Rights (ECtHR), in Redfearn v United Kingdom [2012] ECHR 1878, has held that employment law in the United Kingdom does not adequately protect individuals from dismissal as a result of their political…more
EU, Hiring & Firing, Political Expression, Termination
Fair Wind Sailing, Inc. v. Dempster - Addressing for the first time the application of the Supreme Court decision in Octane Fitness to trademark cases, the U.S. Court of Appeals for the Third Circuit held that a finding…more
Appeals, Attorney's Fees, Exceptional Case, Lanham Act, Non-Compete Agreements
One of the most vexing tax issues remaining unresolved since the 1986 enactment of the passive loss (PAL) rules is whether business or rental income earned by a trust can be active income and whether business or rental losses…more
Income Taxes, Passive Losses, Property Tax, Rental Income, Rental Property
In November 2013, the U.S. District Court for the Western District of Wisconsin declared unconstitutional Section 107(2) of the Internal Revenue Code, which excludes from gross income rental allowances paid to ministers as part…more
Churches, Establishment Clause, Federal Jurisdiction, Freedom From Religion Foundation, IRC
The U.S. International Trade Commission has issued an exclusion order barring importation of certain older model Apple products for infringing a Samsung patent. The case is significant because the infringed patent was standard…more
Apple, FRAND, Imports, Infringement, Injunctions
On December 12, 2014, CMS issued proposed regulations that would add recognition of same-sex spouses to the Conditions of Participation (CoPs) and Conditions for Coverage (CfCs) relevant to patients in hospitals, ambulatory…more
CMS, Health Care Providers, Same-Sex Marriage
Supreme Court to Hear Tax Injunction Act Case - On August 20, 2013, in Direct Marketing Association v. Brohl, the U.S. Court of Appeals for the Tenth Circuit held that the federal Tax Injunction Act (TIA) prohibited the…more
Brohl, Certiorari, Direct Marketing Association, Discovery, Electronically Stored Information
On June 19, 2014, the Supreme Court of the United States issued its much anticipated decision in Alice Corporation Pty. Ltd. v. CLS Bank International et al., confirming that computer-implemented inventions, such as computer…more
Alice Corporation, Bilski, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus
Malico Inc. v. Cooler Master USA Inc. - Addressing the need for factual findings to support a finding of obviousness, the U.S. Court of Appeals for the Federal Circuit vacated the lower court's decision invalidating a…more
Appeals, Obviousness, Patent Infringement, Patent Litigation, Patents
The Centers for Medicare & Medicaid Services (CMS or the agency) kicked off a flurry of springtime regulatory activity for health insurance issuers with publication of the final Notice of Benefit and Payment Parameters for 2015…more
Affordable Care Act, CMS, Employee Benefits, Health Insurance Exchanges, Healthcare
On July 16, 2014, the Obama Administration responded further to developments in Ukraine by imposing another new round of sanctions on Russian, Ukrainian and Crimean parties. Importantly, for the first time, the United States…more
Foreign Policy, OFAC, Russia, Sanctions, Ukraine
"Commercially Reasonable Efforts" Diligence Obligations in Life Science M&A" - More than 80 percent of all deals in the pharmaceutical, medical device and biotech industries include an earnout structure that provides some…more
Best Efforts Clauses, Biotechnology, Commercially Reasonable Efforts, Contingent Payment Clauses, Good Faith
Managing Compliance Risks in M&A Transactions - Buyers can acquire unintended and potentially very damaging liabilities together with target business or assets. Analyzing the financial situation of a target company,…more
Compliance, DOJ, Due Diligence, FCPA, Integration
On May 18, 2014, the Internal Revenue Service (IRS) ruled that an employer's wholly owned captive insurance subsidiary could reinsure the employer's retiree medical benefit risks and still qualify as insurance for federal tax…more
Captive Insurance Company, Healthcare, IRS, Medical Benefits, Reinsurance
Travelocity.com L.P. v. Cronos Technologies LLC - Addressing the showing required to institute covered business method (CBM) proceedings based on obviousness, the U.S. Patent and Trademark Office Patent Trial and Appeal…more
Covered Business Method Patents, Graham Factors, Obviousness, Patent Litigation, Patent Trial and Appeal Board
Patents / Patent Eligible Subject Matter - Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter -- AMP et al. v. Myriad Genetics, Inc.: In a 9–0 decision the Supreme Court…more
Abuse of Discretion, AMP v Myriad, Burden of Proof, Copyright, Damages
An analysis of the year-end fiscal negotiations and their consequences. As the United States rapidly approached the "fiscal cliff," negotiations between President Barack Obama and House Speaker John Boehner (R-OH) faltered,…more
Alternative Minimum Tax, American Taxpayer Relief Act, Capital Gains, Dividends, Estate Tax
The New York State Department of Taxation and Finance (the Department) has backed off from an aggressive position that it has been taking in cases involving New York residence issues…more
Income Taxes, Primary Residence, Residency Requirements
Actually, there are really only two issues, but they are big issues. Arizona's Transaction Privilege Tax has always been an anomaly in the traditional state sales tax system. Contrary to some commentators, however, the…more
Looking ahead to 2013, directors, executives and general counsel of public companies can take some solace from the fact that 2012 was not a year in which a large number of significant new disclosure rules or governance…more
Conflict Mineral Rules, Cybersecurity, Dodd-Frank, FCPA, Proxy Voting Guidelines
UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH - On a reference from the Supreme Court of Austria, the Court of Justice of the European Union (CJEU) has held that ISPs may be ordered to block their customers'…more
CJEU, Copyright Infringement, Injunctions, ISPs, Websites
In This Issue: - Community Health Needs Assessments (Code Section 501(r)(3)) - Financial Assistance Policies (Code Section 501(r)(4)) - Limitation on Charges (Code Section 501(r)(5)) - Billing and Collection…more
Community Health Systems, Final Rules, Healthcare, Hospitals, IRS
The French Government issued a decree on 14 May 2014 amending key provisions of the French Monetary and Financial Code dealing with foreign investments. The decree extends the list of investments for which foreign investors must…more
EU, Foreign Investment, France, Investors, New Amendments
As many readers of this blog know, over the past 12 years the Circuit Court of Cook County, Illinois has been deluged with lawsuits filed by a Chicago law firm against internet retailers as a "whistleblower" under the Illinois…more
False Claims Act, Internet Retailers, Proposed Legislation, Retailers, Sales & Use Tax
Law No.2013-404 dated May 17, 2013, (the Law) allowed same-sex couples to get married and to adopt children, through either the mutual adoption of a child or the adoption of the same-sex spouse's biological or adopted child…more
EU, Medically Assisted Procreation, Same-Sex Marriage
In This Issue: Patents - Supreme Court: State Court Has Jurisdiction over a Legal Malpractice Claim; Nothing Non-Obvious About Applying Pre-Existing Technology to the Internet; The Federal Circuit Is Not the Place…more
Adverse Inference Instructions, America Invents Act, Assignor Estoppel, Attorney Malpractice, Commercial Bankruptcy
The Commodity Futures Trading Commission (CFTC) last week released a final rule excluding certain electricity and natural gas swaps with governmental agencies and municipalities from the lower de minimis threshold for swaps with…more
CFTC, Electricity, Final Rules, Municipalities, Natural Gas
On June 5, 2014 the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued TTB Ruling 2014-4, exempting from TTB's formula and pre-import approval (PIA) submission requirements beer made with dozens ingredients as well as beer…more
Breweries, TTB, Wine & Alcohol
On 7 August 2014, the Italian Parliament approved the conversion into law of Law Decree no. 91 /2014 (the Decree) regarding, amongst other matters, "urgent measures … for the limitation of costs applied to electricity prices"…more
Energy, EU, Feed-in-Tariffs, Solar Energy, Tariffs
In re Petition for Inter Partes Review by Mitsubishi Plastics, Inc. - In a request for a rehearing of an earlier decision denying institution of inter partes review, the Patent Trial and Appeal Board (PTAB or Board) ruled…more
Inter Partes Review Proceedings, Mitsubishi, Patent Trial and Appeal Board, Patents, Prior Art
In a split panel decision, the U.S. Court of Appeals for the Federal Circuit reversed a district court concluding that the claims at issue were invalid as obvious because they were directed to the use of an old compound for a…more
Obviousness, Patent Litigation, Patents, Prior Art
In This Issue: Patents - ..Federal Circuit Rules It's Own Standards Apply When Considering Preliminary Injunctions ..Preliminary Testing of Medical Devices in Animals Enables Their Use in…more
America Invents Act, Claim Construction, Competition, Copyright, Infringement
What privacy, advertising and digital media trends will make headlines in 2015? Digital Health for one, Big Data for another…more
Advertising, Big Data, CHI, Digital Media, FTC
The German Federal Labor Court made a very clear ruling regarding job applicants in Germany who are not offered the position for which such applicants applied. In the Federal Labor Court's view, a rejected applicant has no…more
EU, Job Applicants
The Internal Revenue Service (IRS) recently released guidance allowing participants to allocate the taxable and non-taxable portions of a single distribution from a defined contribution retirement plan into separate accounts. …more
Defined Contribution Plans, Distribution Rules, IRS, Retirement Plan
Polaris Wireless, Inc. v. TruePosition, Inc. - Addressing the issues of patent priority dates (where the asserted priority document did not share an inventor with the challenged patent) and motivation to combine, the Patent…more
Corporations acquiring intangible assets as part of business combination will no longer be able ignore goodwill in their subsequent restructurings and asset transfers. That's the upshot from tax authorities from around the…more
Asset Transfer, Asset Valuations, BEPS, Goodwill, Intangibles
The Internal Revenue Service (IRS) has released the 2014 version of Form 8839 (Qualified Adoption Expenses), as well as updated instructions. Taxpayers use Form 8839 to claim the adoption credit, an exclusion for…more
Adoption, IRS
Department of Health and Human Services, Office of Inspector General's (OIG) proposed rule expands the use of civil monetary penalties and solicits comments on the penalty for failure to report and return overpayments. …more
Civil Monetary Penalty, CMS, Healthcare, HHS, OIG
Non-UK domiciled individuals who have a UK domiciled spouse or civil partner now have the option to elect to be treated as domiciled in the United Kingdom for inheritance tax (IHT) purposes. This will enable them to receive…more
Domestic Partnership, Domicile, EU, Transfer of Assets
From 30 September 2013, all AIM-listed companies registered in the United Kingdom, Channel Islands or the Isle of Man (relevant territories) will be subject to the United Kingdom's Takeover Code. There are several implications…more
Takeover Code, UK
On December 16, 2014, President Obama signed into law the Consolidated and Further Continuing Appropriations Act, which contains provisions that significantly reform ERISA Section 4062(e). The new law is meant to ensure that…more
Defined Benefit Plans, Defined Contribution Plans, Employer Liability Issues, ERISA, Facilities Management
Senju Pharmaceutical Co., Ltd. v. Apotex Inc. - Addressing whether claim preclusion bars a second suit asserting reexamined claims against a defendant who was victorious on the merits on the original claims in a first…more
Claim Preclusion, Patent Infringement, Patent Litigation, Patents
The U.S. Tax Court concludes in AD Investment 2000 Fund LLC v. Commissioner that a taxpayer's assertion of a state of mind penalty defense waives the attorney-client privilege with respect to tax opinions provided to the…more
Attorney-Client Privilege, Privilege Waivers, Tax Court
On June 16, 2014, Reg. (EU) No. 536/2014 on Clinical Trials on Medicinal Products for Human Use (Regulation) has entered into force. Once it becomes applicable, the Regulation will provide a comprehensive legal framework for…more
Clinical Trials, EEA, EU, International Harmonization, New Regulations
The Federal Energy Regulatory Commission (FERC or the Commission) recently opted not to take action to set aside the results of a power auction that was allegedly manipulated. In the face of significant public complaints, the…more
Auction, Electricity, Energy Sector, FERC, ISOs
In This Issue: - Proof of the Competition Law Infringement - Measure of Damages and the "Passing-On" Defence - Disclosure of Evidence - Limitation Periods - Joint and Several Liability and Contributions from…more
Antitrust Litigation, Dispute Resolution, EU, Private Competition Damages
In a petition recently filed in the U.S. Tax Court, a taxpayer has challenged the Internal Revenue Service (IRS) regulation that provides that the IRS can reallocate income between affiliates even when foreign law prohibits…more
IRS, Proctor & Gamble, Transfer Pricing
The Supreme Court's decision in Comcast Corporation v. Behrend, an antitrust case involving a class of more than two million current and former cable television subscribers in the Philadelphia area, raises the bar for plaintiffs…more
Class Action, Class Certification, Comcast, Comcast v. Behrend, Damages
National Environmental Products Ltd. v. Dri-Steem Corp.; PNC Bank National Ass'n v. Secure Axcess, LLC - In two recent decisions demonstrating that amending a petition for inter partes review (IPR) with supplemental…more
Inter Partes Review Proceedings, Patent Trial and Appeal Board, Patents, PNC, Prior Art
Reg Synthetic Fuels, LLC v. Neste Oil Oyj - Addressing a patent owner's motion to amend by cancelling claims and substituting claims, the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB or Board)…more
Inter Partes Review Proceedings, Motion to Amend, Patent Trial and Appeal Board, Patents
Robert Bosch, LLC v. Snap-On, Inc. - In the context of addressing claim indefiniteness under § 112, ¶ 2, for lack of disclosure correspondence to a means plus function claim element (under § 112, ¶ 6) the U.S. Court of…more
Appeals, Indefiniteness, Patent Litigation, Patents
Target Corp. v. Destination Maternity Corp. - Interpreting the statutory provision regarding the one-year time limitation and joinder of parties, the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB)…more
Federal Rules of Civil Procedure, Joinder, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board
Is electricity goods or services? That seemingly simple yet confounding question is illustrated by three recent bankruptcy cases (all of which consider whether an electricity provider is entitled to an administrative expense…more
Bankruptcy Code, Commercial Bankruptcy, Contract Formation, Contract Interpretation, Electricity
On 12 June 2014, the European Union's court of first instance, the General Court, in Intel v European Commission (Case T-286/09), condemned a number of Intel's business practices, including loyalty rebates. The General Court's…more
Antitrust Litigation, Antitrust Provisions, EU, European Commission, Intel
After hearing oral arguments in a case alleging the Internal Revenue Service issued summonses for an improper purpose, the Supreme Court of the United States is set to provide guidance on the type of evidence that a summoned…more
Evidentiary Hearings, IRS, SCOTUS, Summons
The new federal tax bill establishes permanent income, estate, gift and generation-skipping transfer tax provisions that present additional planning opportunities for 2013 and beyond. …more
American Taxpayer Relief Act, Capital Gains, Charitable Donations, Estate Tax, Fiscal Cliff
On August 14, the U.S. District Court for the Southern District of Mississippi issued an opinion finding that state regulations bolstered one antitrust claim and hindered another in an ongoing dispute between a northern…more
Anheuser-Busch, Antitrust Litigation, Distributors, Interstate Commerce, Retailers


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From last June, Jimmy lead me in here on a wet and cold winters day a year ago.
Well worth the effort, as this is a seldom photographer waterfall close to suburbia on the North shore of Sydney NSW Australia
Nikon D700 and 16-35mm wide angle lense with ND10 filter
dygphotography com, oxford falls, nikon, waterfall, australian bush, wilderness, suburbia, rain, wet, bush
A stunning intro into the beauty thats still abounds in the Sydney basin.
I have put a lot of work into getting the photos in the calendar.early mornings and a lot of travelling around and exploring the secrets off Sydney
GreatPOV and exposure.. :-))
Natures Paintbrush
BEAUTIFUL work,
Excellent waterfall capture.
What a beauty.
Gorgeous falls, love the low angle
perfect waterfall picture!


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I dont know if I am a desendet of the Flanigan,s you mentioned or not.My ancesters were John Thomas Flanigan, who married Mary Elizabeth Ferguson,They lived in the Choctaw Nation,Ok from about 1886 untill about 1912.The Choctaw Nation became MCcurtain County,Ok in 1907.Jim A. Flanigan who married Della Clover in 1908 was my Uncle. Charles Notify Administrator about this message?
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Here's what the GOP needs to do now that Mitt Romney has dropped out of the 2016 race, says Larry Kudlow.
President Obama sent a sharp rebuke through the business community on Sunday. Here's what current and former CEOs had to say about his comments.
The Export-Import Bank makes America more competitive and deserves bipartisan support, say Robert Wolf and Kevin Varney of 32 Advisors.
President Obama said corporate America has done well under his economic policies, telling the Economist magazine that CEOs should stop complaining.
President Barack Obama has entered credit-taking mode on the economy.
An avowed opponent of putting money at the top in hopes it "trickles down," the Obama economy has benefited from the principle.
President Barack Obama is gathering nearly 50 African heads of state in Washington for an unprecedented summit aimed in part at building his legacy.
President Barack Obama touted the recent string of positive economic numbers and addresses international tensions.
Where is the GOP's better deal? Rather than a lawsuit, why not a growth plan?, asks Larry Kudlow.
The Obama administration asked a top federal appeals court to reverse a recent bombshell ruling that threatens to cripple Obamacare.
Wages barely budged in July and the workweek remained flat. That is not good politically for the Democrats, POLITICO's Ben White says.
U.S. Rep. Eric Cantor tells a Virginia newspaper he will resign his seat in the House of Representatives months earlier than expected.
Obamacare customers in California will see average insurance premium rates rise by 4.2 percent next year, officials announced Thursday.
Rep. Paul Ryan's new strategy for federal anti-poverty efforts does not aim to cut spending. Instead, it seeks to consolidate an array of programs.
The Republican-led U.S. House of Representatives voted to sue President Obama of overstepping his authority with his signature health care law.
A second-quarter economic rebound did nothing to change the Fed, which stayed the course Wednesday with ultra-easy monetary policy.
President Barack Obama took his criticism of congressional Republicans to a higher pitch as they voted to sue him over charges he has overstepped.
Lax contract oversight, a rushed schedule and changing requirements all led to the debacle of HealthCare.gov's launch last fall, a GAO report says.
Corporate tax reform still won't stop companies from seeking inversion deals, a co-sponsor of anti-inversion legislation said.
Obama also used the speech to lampoon Congress, saying it should "stop being mad all the time. Stop just hating all the time."
Former Minnesota Gov. Jesse Ventura won $1.8 million in his two-year fight to prove he was defamed by a military sniper and best-selling author.
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Short-staffed Pelham downs Hamilton in 'Tip-off' consolation
ORANGEBURG — Pelham made waves two years ago, making the County Center as an outbracket team. Armed with a still-very young squad this year, the Pelicans (1-1) will to make another deep postseason run this year once two of their star juniors (Dani Moretti and Ashley Holden) return from injury…. Read More →


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How Science Led Me to A Deeper Faith
We as Christians cannot claim that the world belongs to God and at the same time distrust the systematic study of it.
The Resource Finder has powerful filtering features — check out the tutorial to learn more.
We as Christians cannot claim that the world belongs to God and at the same time distrust the systematic study of it.
Because reliance upon experts cannot be eliminated, the central question for Christians today is not "should I believe scientific experts?" but "which scientific experts should I believe?"
I've always thought of the sense of smell as a more intimate sense than most other senses. For in smelling, the thing that we smell becomes almost a part of us.
Many of this week's science links happen at the wondrous intersection of mystery and discovery.
Science is an honest and noble pursuit, evidence of human intellect and curiosity, and to turn away from these is to deny a very important part of who God created us to be in the first place.
John Calvin really believed that the sun revolved around the earth, but we shouldn't dismiss the rest of his theology because of this error.
If discussions of science and religion sometimes get bogged down in Genesis, perhaps that is because they have not made the preparatory journey through the rich material of the Wisdom books.
From a Judeo-Christian perspective, all of these curiosities dovetail into a profoundly meaningful explanation: Being made in God's image helps to explain our creative and investigative skills, particularly when we consider that God has specially engineered this universe to reveal himself to human beings.
But what I heard on Sundays did not seem to fit with what I experienced of the world the rest of the week. Growing up in New Mexico in the cottonwood bosque of the Rio Grande valley provided everything for a kid to become a biologist. I roamed along the river, cooked over cottonwood fires, ate wild asparagus, watched clouds form thunderheads over the distant peaks of the Sangre de Cristo Mountains.
This week in origins news, a great collection of articles by key players in the conversation about theology and science, a surprising science fair discovery, and the Apollo 11 anniversary!
We don't have all the answers and never will. And when God says that he is revealed in his creation, I think that means we need to take care of what we have and understand where we came from. The more I understand how things work, the bigger God gets. When he was just a magician pulling things out of a hat, that doesn't even compare to how I see him now!
Last year I introduced readers to one of the leading voices about Christianity and science, John Polkinghorne. I also helped BioLogos bring in another leading voice, Robert Russell. This new series introduces a third prominent Christian thinker, Lutheran theologian Ted Peters, Research Professor Emeritus in Systematic Theology and Ethics at Pacific Lutheran Theological Seminary, the Center for Theology and the Natural Sciences (http://www.ctns.org/), and the Graduate Theological Union in Berkeley, California.
We should celebrate the many times that our churches and colleges encourage scholarship. I saw several delegates at Synod stand up and speak directly about the importance of supporting scholars who engage the science and religion dialogue. The recent Synod decision was a move in the right direction.
It is not a surprise that a scientific theory will address areas that are poorly understood: indeed, it is expected that theories, as they expand, will naturally have a frontier where the science is far from settled.


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By PR Newswire | Article Rating: |
December 28, 2012 09:23 AM EST | Reads: |
499 |
SHANGHAI, Dec. 28, 2012 /PRNewswire/ -- Wison Engineering Services. Co. Ltd. ("Wison Engineering"or the "Company"), the largest private sector chemical engineering, procurement and construction management ("EPC") service provider in China by 2011 revenue, commenced trading on the Main Board of The Stock Exchange of Hong Kong Limited today under the stock code of 2236.
Shares of Wison Engineering closed at HK$ 2.79, with the total number of shares traded amounting to approximately 97.6 million shares. Total turnover of the Company's shares amounted to approximately HK$ 272.6 million. The Company's net proceeds from the Global Offering are approximately HK$ 1,190.6 million which will be used to enhance research development and expand daily operation.
In its public offering on 13 December 2012, Wison Engineering offered 600,000,000 Shares in the Global Offering comprising 480,000,000 new Shares and 120,000,000 Sales Shares. Wison Engineering has enlisted Chow Tai Fook Nominee Limited ("Chow Tai Fook"), Solar City Holdings Limited ("Solar City") and EA Asia Absolute Return Master Fund ("EA Asia") as cornerstone investors.
Mr. Hua Bangsong, Senior Vice President of Wison Engineering said, "The Hong Kong listing is an important milestone for the development of Wison Engineering. The successful listing not only enhances our capital strength, but also further strengthens our leading position in the industry and will accelerate the Company's next stage of development."
Wison Engineering has enjoyed solid growth in the past three years. From 2009 to 2011, the Company's revenue had a compound annual growth rate (CAGR) of 63.5%, while its profit and total comprehensive income attributable to shareholders of the parent had a CAGR of about 58.5%.
The demand for oil refineries and petrochemicals products has soared on the back of global economic growth, especially the fast pace of China's development in the past 20 years. Meanwhile, the Chinese government has encouraged coal-based chemical production to reduce dependence on petroleum, which has greatly expanded the EPC market in oil refining, petrochemicals and coal-to-chemicals industries. Wison Engineering has leveraged the enormous market opportunities to become the largest private sector chemical EPC service provider. With its project execution experience and established network of suppliers and sub-contractors, Wison Engineering has forged close partnerships with clients. Furthermore, we have been awarded over 30 patents and our company is also one of the six in the world to have developed proprietary commercial ethylene cracking furnace technologies, as well as patented coal-to-chemicals technologies including MTO light olefins separation technology.
Mr. Hua Bangsong added, "Looking forward, we will take advantage of the favorable operating environment with our strengths in project execution and technological innovation, along with our proven track record and established supplier and sub-contractor network. We will further strengthen our design and engineering capabilities, consolidate and fortify our leadership position as a leading provider of EPC services in China's petrochemical industry, continue to recruit talent and capitalize on the experience gained from our milestone projects in China to grow our presence in international markets, including Southeast Asia, the Middle East, West Africa and Latin America, to maximize returns to our shareholders."
SOURCE Wison Group
Published December 28, 2012 Reads 499
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Code Halos - aka "digital fingerprints" - are the key organizing principle to understand a) how dumb things become smart and b) how to monetize this dynamic.
In his session at @ThingsExpo, Robert Brown, AVP, Center for the Future of Work at Cognizant Technology Solutions, outlined research, analysis and recommendations from his recently published book on this phenomena on the way leading edge organizations like GE and Disney are unlocking the Internet of Things opportunity and what steps your organization should be taking to position itself for the next platform of digital competition. Jan. 25, 2015 02:00 AM EST Reads: 4,104 |
By Elizabeth White The Industrial Internet revolution is now underway, enabled by connected machines and billions of devices that communicate and collaborate.
The massive amounts of Big Data requiring real-time analysis is flooding legacy IT systems and giving way to cloud environments that can handle the unpredictable workloads.
Yet many barriers remain until we can fully realize the opportunities and benefits from the convergence of machines and devices with Big Data and the cloud, including interoperability, data security and privacy. Jan. 25, 2015 01:45 AM EST Reads: 3,313 |
By Elizabeth White In their session at @ThingsExpo, Shyam Varan Nath, Principal Architect at GE, and Ibrahim Gokcen, who leads GE's advanced IoT analytics, focused on the Internet of Things / Industrial Internet and how to make it operational for business end-users. Learn about the challenges posed by machine and sensor data and how to marry it with enterprise data. They also discussed the tips and tricks to provide the Industrial Internet as an end-user consumable service using Big Data Analytics and Industrial Cloud. Jan. 25, 2015 01:00 AM EST Reads: 3,711 |
By Elizabeth White SYS-CON Media announced that Splunk, a provider of the leading software platform for real-time Operational Intelligence, has launched an ad campaign on Big Data Journal. Splunk software and cloud services enable organizations to search, monitor, analyze and visualize machine-generated big data coming from websites, applications, servers, networks, sensors and mobile devices.
The ads focus on delivering ROI - how improved uptime delivered $6M in annual ROI, improving customer operations by mining large volumes of unstructured data, and how data tracking delivers uptime when it matters most. Jan. 25, 2015 12:30 AM EST Reads: 5,093 |
By Liz McMillan Today's enterprise is being driven by disruptive competitive and human capital requirements to provide enterprise application access through not only desktops, but also mobile devices. To retrofit existing programs across all these devices using traditional programming methods is very costly and time consuming – often prohibitively so.
In his session at @ThingsExpo, Jesse Shiah, CEO, President, and Co-Founder of AgilePoint Inc., discussed how you can create applications that run on all mobile devices as well as laptops and desktops using a visual drag-and-drop application – and eForms-buildi... Jan. 24, 2015 11:45 PM EST Reads: 3,603 |
By Liz McMillan Things are being built upon cloud foundations to transform organizations. This CEO Power Panel at 15th Cloud Expo, moderated by Roger Strukhoff, Cloud Expo and @ThingsExpo conference chair, addressed the big issues involving these technologies and, more important, the results they will achieve. Rodney Rogers, chairman and CEO of Virtustream; Brendan O'Brien, co-founder of Aria Systems, Bart Copeland, president and CEO of ActiveState Software; Jim Cowie, chief scientist at Dyn; Dave Wagstaff, VP and chief architect at BSQUARE Corporation; Seth Proctor, CTO of NuoDB, Inc.; and Andris Gailitis, C... Jan. 24, 2015 11:00 PM EST Reads: 3,577 |
By Elizabeth White SYS-CON Events announced today that CodeFutures, a leading supplier of database performance tools, has been named a "Sponsor" of SYS-CON's 16th International Cloud Expo®, which will take place on June 9–11, 2015, at the Javits Center in New York, NY.
CodeFutures is an independent software vendor focused on providing tools that deliver database performance tools that increase productivity during database development and increase database performance and scalability during production. Jan. 24, 2015 11:00 PM EST Reads: 2,316 |
By Liz McMillan SYS-CON Events announced today that ActiveState, the leading independent Cloud Foundry and Docker-based PaaS provider, has been named "Silver Sponsor" of SYS-CON's DevOps Summit New York, which will take place June 9-11, 2015, at the Javits Center in New York City, NY.
ActiveState believes that enterprises gain a competitive advantage when they are able to quickly create, deploy and efficiently manage software solutions that immediately create business value, but they face many challenges that prevent them from doing so. The Company is uniquely positioned to help address these challenges thro... Jan. 24, 2015 09:00 PM EST Reads: 2,670 |
By Liz McMillan IoT is still a vague buzzword for many people. In his session at @ThingsExpo, Mike Kavis, Vice President & Principal Cloud Architect at Cloud Technology Partners, discussed the business value of IoT that goes far beyond the general public's perception that IoT is all about wearables and home consumer services.
He also discussed how IoT is perceived by investors and how venture capitalist access this space.
Other topics discussed were barriers to success, what is new, what is old, and what the future may hold.
Mike Kavis is Vice President & Principal Cloud Architect at Cloud Technology Pa... Jan. 24, 2015 06:15 PM EST Reads: 4,877 |
By Carmen Gonzalez Dale Kim is the Director of Industry Solutions at MapR. His background includes a variety of technical and management roles at information technology companies. While his experience includes work with relational databases, much of his career pertains to non-relational data in the areas of search, content management, and NoSQL, and includes senior roles in technical marketing, sales engineering, and support engineering. Dale holds an MBA from Santa Clara University, and a BA in Computer Science from the University of California, Berkeley. Jan. 24, 2015 06:00 PM EST Reads: 4,511 |
By Elizabeth White SYS-CON Media announced that Cisco, a worldwide leader in IT that helps companies seize the opportunities of tomorrow, has launched a new ad campaign in Cloud Computing Journal.
The ad campaign, a webcast titled 'Is Your Data Center Ready for the Application Economy?', focuses on the latest data center networking technologies, including SDN or ACI, and how customers are using SDN and ACI in their organizations to achieve business agility. The Cisco webcast is available on-demand. Jan. 24, 2015 05:00 PM EST Reads: 1,726 |
By Pat Romanski The Internet of Things (IoT) promises to evolve the way the world does business; however, understanding how to apply it to your company can be a mystery. Most people struggle with understanding the potential business uses or tend to get caught up in the technology, resulting in solutions that fail to meet even minimum business goals.
In his session at @ThingsExpo, Jesse Shiah, CEO / President / Co-Founder of AgilePoint Inc., showed what is needed to leverage the IoT to transform your business. He discussed opportunities and challenges ahead for the IoT from a market and technical point of vie... Jan. 24, 2015 03:15 PM EST Reads: 4,912 |
By Elizabeth White "People are a lot more knowledgeable about APIs now. There are two types of people who work with APIs - IT people who want to use APIs for something internal and the product managers who want to do something outside APIs for people to connect to them," explained Roberto Medrano, Executive Vice President at SOA Software, in this SYS-CON.tv interview at Cloud Expo, held Nov 4–6, 2014, at the Santa Clara Convention Center in Santa Clara, CA. Jan. 24, 2015 02:30 PM EST Reads: 3,574 |
By Pat Romanski Performance is the intersection of power, agility, control, and choice. If you value performance, and more specifically consistent performance, you need to look beyond simple virtualized compute. Many factors need to be considered to create a truly performant environment.
In his General Session at 15th Cloud Expo, Harold Hannon, Sr. Software Architect at SoftLayer, discussed how to take advantage of a multitude of compute options and platform features to make cloud the cornerstone of your online presence. Jan. 24, 2015 02:15 PM EST Reads: 4,564 |
By Pat Romanski In this Women in Technology Power Panel at 15th Cloud Expo, moderated by Anne Plese, Senior Consultant, Cloud Product Marketing at Verizon Enterprise, Esmeralda Swartz, CMO at MetraTech; Evelyn de Souza, Data Privacy and Compliance Strategy Leader at Cisco Systems; Seema Jethani, Director of Product Management at Basho Technologies; Victoria Livschitz, CEO of Qubell Inc.; Anne Hungate, Senior Director of Software Quality at DIRECTV, discussed what path they took to find their spot within the technology industry and how do they see opportunities for other women in their area of expertise. Jan. 24, 2015 01:45 PM EST Reads: 3,292 |
By Elizabeth White Almost everyone sees the potential of Internet of Things but how can businesses truly unlock that potential. The key will be in the ability to discover business insight in the midst of an ocean of Big Data generated from billions of embedded devices via Systems of Discover. Businesses will also need to ensure that they can sustain that insight by leveraging the cloud for global reach, scale and elasticity. Jan. 24, 2015 01:00 PM EST Reads: 5,417 |
By Elizabeth White As enterprises move to all-IP networks and cloud-based applications, communications service providers (CSPs) – facing increased competition from over-the-top providers delivering content via the Internet and independently of CSPs – must be able to offer seamless cloud-based communication and collaboration solutions that can scale for small, midsize, and large enterprises, as well as public sector organizations, in order to keep and grow market share. The latest version of Oracle Communications Unified Communications Suite gives CSPs the capability to do just that. In addition, its integration ... Jan. 24, 2015 11:00 AM EST Reads: 4,153 |
By Elizabeth White "The age of the Internet of Things is upon us," stated Thomas Svensson, senior vice-president and general manager EMEA, ThingWorx, "and working with forward-thinking companies, such as Elisa, enables us to deploy our leading technology so that customers can profit from complete, end-to-end solutions."
ThingWorx, a PTC® (Nasdaq: PTC) business and Internet of Things (IoT) platform provider, announced on Monday that Elisa, Finnish provider of mobile and fixed broadband subscriptions, will deploy ThingWorx® platform technology to enable a new Elisa IoT service in Finland and Estonia. Jan. 24, 2015 11:00 AM EST Reads: 1,988 |
By Elizabeth White Advanced Persistent Threats (APTs) are increasing at an unprecedented rate. The threat landscape of today is drastically different than just a few years ago. Attacks are much more organized and sophisticated. They are harder to detect and even harder to anticipate. In the foreseeable future it's going to get a whole lot harder. Everything you know today will change. Keeping up with this changing landscape is already a daunting task. Your organization needs to use the latest tools, methods and expertise to guard against those threats. But will that be enough? In the foreseeable future attacks w... Jan. 24, 2015 11:00 AM EST Reads: 4,346 |
By Liz McMillan From telemedicine to smart cars, digital homes and industrial monitoring, the explosive growth of IoT has created exciting new business opportunities for real time calls and messaging.
In his session at @ThingsExpo, Ivelin Ivanov, CEO and Co-Founder of Telestax, shared some of the new revenue sources that IoT created for Restcomm – the open source telephony platform from Telestax.
Ivelin Ivanov is a technology entrepreneur who founded Mobicents, an Open Source VoIP Platform, to help create, deploy, and manage applications integrating voice, video and data. He is the co-founder of TeleStax, a... Jan. 24, 2015 10:45 AM EST Reads: 4,525 |


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I am ƒalty
Junior Member
I just pray they didn't make her over powered to the point of where everyone will play her or to the point of being 100% skill-less IMO add two skill shots or three Ive played over 3000 games as karma and I really don't want a 100% rework just w buff and 1 more charge but hey money is money
El Dez
So if Karma was leaked early, roughly how much earlier was this information released than what you wanted? Karma players have been waiting for it for years, but now you have at least a few more people interested. Should we expect the kit around the same time as ZAC hits the PBE? Earlier? Later?
Senior Member
I really hope to hear or see more about Karma tomorrow, this waiting isnt doing me any good lol.
guys why would they rework karma? she was fine
Do not like the model rework. Do. Not. Like. You're turning a modest, strong female champion into an "empowered" comic book super heroine. This art looks like something I would see on the Hawkeye Initiative, and by the way! It made it into Eshcer Girls. And no, don't think of this as a compliment. Its not. It means you're making Karma look like a busty wh.ore. The thing that bugs me the most about this... Its not the lack of fans, no, its the fact that you're sexualizing yet ANOTHER female champion, one who was one of the few modest champs in this game. You realize what this looks like to people? It looks like you're catering to perverts and 12 year old little boys who giggle at boobies. I like the way the classic Karma skin looks. She's not going "Wooooo boys~ Look at my legs!" Why couldn't you have made this the case on her default skin? Why do you have to take the Korean perspective of Online gaming where less clothing=better? In the end, she doesn't look like a strong Ionian leader to me, she looks like she's off to perform her "services" to some client off someplace else. But of course, I'm not even sure why I'm posting this, as it is simply falling on deaf ears. I miss back when Lux was created when Riot actually listened to the community on these sorts of things. What happened, guys? .__.
Josh de Tonreau
Calling Clouds


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Each month the Illinois Department of Veteran Affairs honors a service member. This month, an area woman got the award. She was honored at the State Fair. WCIA-3's Amanda Porterfield introduces us to Linda Crites.
Crites wears many hats. She's a mom, veteran and volunteer.
"Being able to serve your country is a great experience and it helps you grow up and be responsible."
Each year, she runs the beer tent at the Illinois State Fair. It's just one of the many things she does for veterans in Sangamon County. She says the spirit of helping others is something she learned while serving.
"The people I met encouraged me. When I go home, join a military organization, and involve your families in that."
In the 80's, Crites joined the U.S. Navy because she needed a second job. She ended up serving during Desert Storm and later in Iraq. Her job was to move cargo.
"We moved troops, we moved cargo, we moved mail, we moved blood; everything you could think possible. That was our job."
Crites retired after 22-years, but never stopped moving. She's involved in countless organizations and was awarded Veteran of Month by the Illinois Department of Veteran Affairs.
"To be rewarded for that is really hard to accept. People say you deserve it, but that's what we are supposed to so. We are supposed to give back."
Crites says balancing work and family, a lot of military women don't give back, but she hopes to change that by being an example.
"To give back is so beneficial to your community. It's just a little piece of your time."
Crites was also the Grand Marshal of the Veterans Day Parade at the fair.


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Social conservatives have long road ahead
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DALLAS (Reuters) - U.S. social conservatives face a moment of reckoning.
In the ascendancy a few years ago and a pillar of outgoing Republican President George W. Bush's support, they are on the defensive after Barack Obama won the White House and his Democratic Party strengthened its grip on Congress.
Most U.S. conservatives of all stripes still call the Republican Party home and in the two-party U.S. system may have little option but to hang together under its tent.
And the conservative Christians of the "religious right," as the movement is widely known, remain the party's most reliable base and strongly supported Republican John McCain on November 4.
He and running mate Sarah Palin, who staunchly represented their social views, got 73 percent of the white evangelical Protestant vote, just 5 percentage points less than Bush took in 2004.
"In order for the social conservatives to succeed, they will need to have something to mobilise against. It could be an issue or the congressional leadership," said Michael Lindsay, a political sociologist at Rice University in Houston.
Conservative Christians can still mobilise effectively around issues even if they can not always deliver the White House for Republicans. Even though their national candidate lost on Tuesday, they still managed to pass anti-gay marriage measures in California and Florida, states won by Obama.
Abortion rights will also continue to galvanize them. For many evangelicals and conservative Roman Catholics, opposition to abortion remains the defining issue of their age.
"I look at what (Obama) wants to implement and it scares me ... He wants no restrictions on abortion whatsoever," James Dobson, founder of the conservative advocacy group Focus on the Family, said on Thursday on his radio show, which reaches millions.
While Obama strongly advocates abortion rights, he also wants to reduce the number of abortions by expanding access to contraception to lower the risk of unplanned pregnancy.
Conservative culture warriors are girding for battle with the Obama administration and have their eyes on the Freedom of Choice Act (FOCA), now before the Democratic-led Congress, which would further entrench a woman's right to an abortion.
Conservatives say it would sweep aside most restrictions on abortion rights, such as parental notification laws.
"If Obama signs FOCA you will have a culture war the likes of which you have never seen before," said Bill Donohue, president of the conservative Catholic League.
Obama has promised to sign it into law if it passes through Congress, which should not be a problem with Democrats firmly in control.
"The challenge starting first thing ... is raising awareness about just how extreme his (Obama's) agenda is, starting with (FOCA)," said Charmaine Yoest, president of the anti-abortion group Americans United for Life Action.
She said her group was reaching out to Democrats who are also against abortion rights, signalling a departure from past social conservative strategies that relied heavily on the Republican Party to push its agenda.
There are also emerging divisions within the Christian evangelical movement, which accounts for one in four U.S. adults. Many of its leaders - while still opposing abortion rights and gay marriage -- want a broader agenda that includes action on climate change and concern for the poor.
These divisions mean that evangelical support for Republicans may have peaked with Bush and that some religious conservatives may now support Obama in areas like health care and housing.
Richard Cizik, vice president for governmental affairs for the National Association of Evangelicals, said some members were excited by Obama, a devout Christian himself.
"I think evangelicals should know that Barack Obama understands evangelicals better than any president since Jimmy Carter (a former Southern Baptist who left office in 1981). It doesn't mean he agrees with us on all of these hot button social issues," he told Reuters.
But he said Obama recognized that challenges like climate change, homelessness and poverty were "moral problems" and that the president-elect, who often evokes his Christian faith as a driving force in his life, could work with evangelicals on those kinds of issues.
There are clearly some evangelical leaders who will not work with Obama because of abortion and other topics.
But Cizik said that was a mistake, saying a strategy of confrontation "would further isolate and marginalize them."
Some social conservatives signalled that they are ready to rally around Palin, who helped energize the party's base. But her strident opposition to abortion and "God and guns" persona upset many moderate Republicans and independent voters.
(Editing by David Storey)
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In contrast to the gem-encrusted jewelry signifying football's ultimate prize, the seemingly modest first championship ring designed for the Green Bay Packers featured a single diamond.


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Can someone explain to a noob why if they had to lower the dividend and missed on rev's that the price is going up?
Two things are holding up AGNC's pps (and, in fact, increasing it):
(1) Management's statement in the CC that they don't plan an SPO anytime soon (maybe March 5 coincident with XD date ... maybe later) --- that's always a scare factor that has now been removed for a while;
(2) Washington's release of jobs and economic data that seem to indicate that the US economy has bottomed and is recovering --- the best time to buy stocks is at a bottom, and there is a LOT of cash sitting on the sidelines still.
Analysis of one of the largest mutual funds (use to be THE largest, but no longer), Fidelity Magellan, which holds more stocks that the DJIA or S&P500 indexes (making it a better indicator of the overall market) shows that January and February-to-date have been the two best months of gains since 1991. In that year, Magellan saw losses in only two months out of the year, as the economy was starting to recover then also (too late for George H.W. Bush, who lost to Bill Clinton in the Presidential election of 1992 largely because of the struggling economy).
If the economy continues along its rising path, it's likely that two things will happen:
(a) Investors will continue buying stocks, pushing the DJIA and S&P500 to new records; helping AGNC's pps to rise along with them;
(b) Obama will likely be re-elected (voters don't want to disturb a rising economy).
To add to reason (1) below.
Maybe mgmt will replace SPO's with CF drips going forward removing the uncertainty of SPO's for the foreseeable future.
And maybe the 'bigs' know this b/c there are still quite a number of huge 100K+ blocks being traded from time to time. Who in their right mind is buying large blocks over the last couple of days except they know there will be no SPO for a long time?
If that is the case, then the stock may trade in a more predictable, but more narrow range going forward, and as others have pointed out, this range may slowly decline as the business model has taken on a leak.
My BE is just over 29, so I'm back in my cave licking my wounds, wondering if there is any way to trade this stock profitably again. (I know, I know, BATESAT has been wrongly declared dead many times before.)
Someone please show me the error of my musing, as I want to keep trading here.
Could be the start of the Underwriter's price runup to an SSO.
Why in J. P. Morgan's name would an underwriter run the price up into a SPO?
Me theory is this;
It was a big surprise and no one was expecting this.
Lots people were buying for capital gain before the expected announcement, now they were trapped and can not move their money out for fearing a free fall. Some were even forced to buy more to keep the price from falling.
Will there be a free fall? Anything could happen.
Reach $30.00? I would love to see that.
Last quarter they grew it by $2 billion, and this quarter they backtracked $150 million.
In a lot of companies that'd be piffle. But with SPOs and big absolute-income dollars in this industry, it's eye-popping. Maybe they didn't do a SPO actually during the quarter? I don't follow NLY so I don't know. Actually, I do know now, from that link. They only account for 200 thousand more shares at end of Q4 vs. Q3, so it's clear they didn't do a SPO. Their Q3 increase was 168 million shares.
But still, it means they spent more than their portfolio took in.
They did it last quarter.
Because of the relative appeal
cmo anh and hts and even nly sporting 7.5 p/y multiples or higher
stop the offerings and try to maintiain the 1.25 and a 7 p/y is near 35 bucks.
its the 2nd part of their game.
first produce and yield a massive return - grow the assets and the management fee.
next a cut appears and you might run for cover - but the cut might signal slowing of offerings or even temporary cease and now you have to compare agnc to the others on a yield basis - run the price up to get the yields in line or the others have to come down
if you follow arr - watch for a similar set up.
probalby a great long to load here
cut divi to .09 to .10 and thats 1.20 and 6.5 multiple is still 7.80 - a good 10 percent higher if they will slow or cease the offerings.
Both sides can rationalize but it seems that any thought that AGNC is worth north of $30.00 is crazy! Conditions are not as good as the past 2 years and the price hit $30.76 once - usually staying in the BATESAT range!
Many new buyers and lots of momentum but c'mon - we are at the high end by any fair valuation and that gives the benefit of the doubt to a lower yield!
look - if I truly knew I sure wouldn't be here but common sense says buying here is for people with lots of money to lose!
thats a big "if" for them stopping the offerings. But I think ok with ARR since we had 2 this month
They managed the BV higher while cutting the dividend. Shorts got squeezed. Now they can do the SPO with room to spare versus before. Better yet...AGNC can do the SPO with a larger selling concession to the street versus what they have done recently. This is some maneuver.
Book value is a very important metric and by keeping the divvy a bit lower, more funds are retained to enhance book value....I opened several new positions on Tuesday and am glad I did....all naked puts with lower strike prices.....good luck to all,
Do you guys see any way they don't do an SPO sometime? If so...my shares are worth more right now than when I bought...(I'm long and in it for the divi's) Would this be a good time to unload...sit back and wait for a correction or SPO?
Just like NLY..By lowering the Dividend, they strengthened the balance sheet and still pay a 17% dividend...
The stock had become an obvious short with its earnings report showing profit trending down from a narrowing rate spread, and the divi being cut as a prudent measure, so retail day trading folks quickly piled on shorting-- and then the big players, such as GS, are forcing them to cover. Once the shorts are destroyed, down she goes on poor fundamentals trending worse.
......you were pumping VNR at $28 and now there she sits in the mid$26's.......seems oil and nat gas did not rise like were we assuring everyone over there...
Given what we experienced on our puts this morning and the price increase we experienced being attributed in parts to short sellers, then I tend to agree. I have no other explanation for why this stock is rising on a earnings report that offered such a pititful glimpse of what is to come (a lower dividend), but hey it is up for now. The bigger question are these guys going to raise more money to create spreads of less than 2%. Officially declared a short rally, but tomorrow is new day.
I think that once the fundamentals really hit home and a few more MREIT earnings reports, particularly NLY (probably a good one to short), are filed it may have an impact. Failing that a few SPOs or maybe one with AGNC.
However, I will not trade in AGNC at these prices, but I am going to considering puts on NLY. It is the last one scheduled to report on 2/23/12.
When you find out, will you explain it to the oldbies?
Because it's totally nuts.
(In truth, the only thing I can think is that the earnings announcement got extended play in the news channels, and a whole bunch of other noobs got their first look at the gaudy yield, and didn't much care that it was bigger yesterday, and don't have a clue that the stock is likely to SPO, i.e., issue a bunch of shares at a $1-2 discount relative to market price, within the next few days or weeks.)
That quarterly report did not set me aglow, especially after looking at the effects of the SPOs on earnings, year-to-year. I somehow got the impression that management was working to boost book value rather than GAAP earnings. I sold out yesterday, but will keep my eye on the stock.


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BMW 3-Series Maintenance and Repair
dan12 Posts: 114What years were your X3 and 3 Series? I get the feeling that it's better to buy a BMW later in the model cycle after they figure out all the various problems. I love my '07 335i, but I have had a few problems here and there outside of the HPFP. It hasn't cost me anything since it was all covered under warranty, but it got me worried enough to extend my warranty to 100K miles.
rfl Posts: 100Rule # 1 NEVER BUY A CAR WITH A TURBOCHARGED ENGINE!
Rule # 2: Never buy or keep a BMW after the warranty (or extended warranty) runs out. They are WONDERFUL automobiles....until yu have to fix one. I have owned 11 of them...never one after the warranty period (or it's extension) as in a CPO car or two tht were part of my collection. My total cost to repair has been $0 for all eleven cars (not including tires, state inspections and oil). I have never had one longer than the warranty period and (before you think I am a total nut case) the cost to replace the car (depreciation) is generally less than the anticipated overall repair costs. And the new car smell just can't be beat.
I went through 3 HPFPs on my 2008 335XI which caused lots of angst but NO MONEY. BMW ate the costs and, finally, the Car itself. -
jimbres Posts: 2,025NEVER BUY A CAR WITH A TURBOCHARGED ENGINE!
Pretty much agree.
Never buy or keep a BMW after the warranty (or extended warranty) runs out.
Don't agree. I have an '01 330i purchased new in June of that year, which means that the factory warranty ran out in June, 2005. Never bought an extended warranty - EWs are for people who can't manage their finances, which has never been my problem.
IOW, my car has been out of warranty for 5 1/2 years. During that time, I've had one major repair - a control arm had to be replaced at a cost of $1200. This was my fault; I wasn't paying attention & drove into the biggest pothole on the East Coast. I doubt that an EW would have paid for this in any case.
Figure it out. The cost of keeping my 330i after the warranty ran out amounts to $18.18 per month. I spend more than that in a week at Starbucks.
I've done the math. In the long haul, it's cheaper to buy what you like, take good care of it & drive it until the wheels come off. If you're not a DIY guy - I'm not, unfortunately - don't go back to the dealer after the factory warranty expires. Find a good independent mechanic instead.
If you follow your own rule #1, you'll find that rule #2 doesn't apply. A 328i equipped, as God intends, with a stick will do 0 to 60 in a hair over 6 seconds. That's plenty fast enough for a good time. You'll save a few thousand up front & you'll also save on repair costs in later years. That's win-win, if you ask me. -
roadburner Posts: 7,035I'm with you jimbres. My 1995 3er and 2004 X3 have proven to be extremely reliable and not all that expensive to run. Aside from tires and scheduled maintenance I've spent a total of $1344 on repairs over the 15 years and 127,000 miles I've owned my 3er. You can check post #4920 for the details on the X3; in short it needed a passenger seat SRS sensor under warranty and other than that it's only needed one set of brakes and two sets of tires in 107,000 miles...
Mine: 1995 318ti Club Sport 1975 2002A 2007 Mazdaspeed 3 1999 Wrangler 1996 Speed Triple Challenge Cup Replica Wife's: 2009 328i Son's: 2004 X3 2.5
qbrozen Posts: 17,836Rule # 1 NEVER BUY A CAR WITH A TURBOCHARGED ENGINE!
I bought my first turbo car 10 years ago. It was the best car I've ever owned. I've now had 5 and never a problem with any of them related to the turbo.'14 CTS Vsport; '15 Fit LX 6-spd; '98 Volvo S70 base; '14 Town&Country Limited
Mr_Shiftright CaliforniaPosts: 46,175This prejudice rightly comes from early turbos in the 1980s, which exhibited lag, were very peaky, coked-up, and failed early. But turbos and supes have come a long long way since then.
On the other hand, not everyone (me, for instance) likes the way a turbo car responds---some prefer supercharging. And that's a legit concern IMO, although a subjective one.MODERATOR --Need help with anything? Click on my name!
kyfdx Posts: 31,833When you have an engine like the inline-6 of a BMW, and you know they can get 330 horsepower out of 3.2 litres without turbo-charging ('01-'06 M3), then you have to wonder.... WHY?
I'll take a sweet BMW inline-6, normally aspirated... any day..
Turbos have their place... I just see better options...MODERATOR
Prices Paid, Lease Questions, SUVs -
Mr_Shiftright CaliforniaPosts: 46,175Well they do it because they want it to be faster than a Mustang V-6 I guess
Turbos, in my humble opinion, work best on V-type engines, in pairs, and on higher displacement engines. For smaller displacement, I prefer a supercharger, because it gives a better low end power to relatively torque-less engines. If you ain't got displacement, you ain't got torque...they go hand in hand.
BMW was one of the "turbo pioneers" for passenger car use, so I think they know what they're doing.
But yeah, BMW is also known for their engines---that's what they do better than just about anybody--it is their forte.MODERATOR --Need help with anything? Click on my name!
qbrozen Posts: 17,836I've never had a supercharged engine, but I must say that VW and Volvo have both done great jobs getting low-end torque out of small engines with turbos. Granted, both my T5s with the automatic had a lag off the line, but at near 250 lb-ft at just 1800 rpms, it was a very brief lag. The VW with the stick is far better. Just 2 liters and a real-world 220 or so lb-ft available pretty much immediately.
I also don't know about the general statement that it is better suited to V-type engines. I think any Toyota 2JZ owner would have to disagree.'14 CTS Vsport; '15 Fit LX 6-spd; '98 Volvo S70 base; '14 Town&Country Limited
srs_49 Posts: 1,394Well, my '87 325 that I acquired in 1999 with 127,000 miles on the odometer has cost me $5300 in routine maintenance and repairs over 11.5 years. That included a couple a sets of ties, brake pads/rotors, the usual water pump & timing belt changeout shortly after I got the car, control arm(s) and/or bushings, exhaust, headlights, wiper blades - everything.
Mr_Shiftright CaliforniaPosts: 46,175YOu know, I didn't really state that clearly. What I meant was that a turbo setup on a V-type engine is the *ideal* setup because you can use smaller turbos and get them out of the way. The plumbing is neater, I guess is what I meant.
Maybe I just like the *whine* of a supercharger, and that it's not so peaky. On a FWD car with gobs of power, turbos can get a bit ornery to drive skillfully.MODERATOR --Need help with anything? Click on my name!
shipo Posts: 9,152When you have an engine like the inline-6 of a BMW, and you know they can get 330 horsepower out of 3.2 litres without turbo-charging ('01-'06 M3), then you have to wonder.... WHY?
Hmmm, all else being equal, I'd much rather have a 300 HP twin turbo 3.0 liter over a 330 HP normally aspirated 3.2 liter engine. Why? Because the 3.0 liter turbo will suck the doors off the larger engine unless both happen to already be at full boil. -
sjkbmw Posts: 4MyI BMW service departmenttold me that it is normal for my car to burn oil. I have a 2008 328xi with 32k miles. First oil change done at around 18k (This is the time the car indicated for me to have the oil change based on the way that I drive.) Just this past November 2010 , with about 29k mile the oil light came on for the first time, and the dealer put some oil in the car and said that this is normal for this type of engine to burns a little oil. Is this an accurate statement?? The oil indicator light came on again in January 2011 with 32k miles. Is it normal for me to put a quart of oil every 10k miles?
Mr_Shiftright CaliforniaPosts: 46,175
roadburner Posts: 7,035
roadburner Posts: 7,035What Mr. Shiftright said; one quart every 10,000 miles is nothing. My 127,000 mile 1995 318ti has consistently consumed one quart of Mobil 1 every 2500 miles since I bought it new in November 1995. I never even mentioned it to my dealer while it was under warranty; it's simply no big deal...
Mine: 1995 318ti Club Sport 1975 2002A 2007 Mazdaspeed 3 1999 Wrangler 1996 Speed Triple Challenge Cup Replica Wife's: 2009 328i Son's: 2004 X3 2.5
Mr_Shiftright CaliforniaPosts: 46,175
dan12 Posts: 114Rule # 1 NEVER BUY A CAR WITH A TURBOCHARGED ENGINE!
The BMW mechanic I go to for my wife's X5 told me the same thing. If I want to save money on long term maintenance, I should get the 328i.
My '07 335i has almost 49K miles. I have been told that the turbos can start having problems before 100K miles. I'm not sure how true that is. So far I have had the HPFP replaced, the rear brakes replaced because they were making a noise when turning left, the A/C blower fan replaced because it was making a noise when turning right, and 3-4 other things that were broken or leaking. Not exactly a stellar example of reliability for less than 50K miles. All of this was covered under warranty so I'm not complaining too much, but I had a much better experience with the Acura I owned years ago.... and a worse experience with my Jeep GC.
I guess the HPFP problem is related to the turbos and maybe the brakes too since they are bigger/different from those of the 328i. The bigger factor might be that '07 was the year that BMW first introduced the twin turbo engine and the HPFP and squeaky brakes are the initial gremlins. I hope a 2011 335i doesn't have these problems. As for the other things that were broken or leaking, well, I guess I should expect that with a non-turbo bmw as well.
My personal impression at this point is that if I want a reliable BMW my best bet is to get a non-turbo version late in the model cycle. A 2011 328i is probably a good bet. And I am sorry to say this, but I think a better bet for reliability is to buy an Acura, Lexus, etc. -
Mr_Shiftright CaliforniaPosts: 46,175I think you are getting decades old information there. There may be other reasons for not having a turbo (more expensive to buy, more expensive to do repairs because of the plumbing in the way, probably a need for higher octane fuel) but you don't hear much about turbo failures on modern cars these days.
MODERATOR --Need help with anything? Click on my name!
yellowz51 Posts: 1Please give me some guidance, I have found a 1999 323i coupe, 5 speed with 153,000 miles. I need a reliable, economic car for $5,000 to use on my daily commute of 56 miles roundtrip. It being a fun car to drive is a huge bonus! I will have it checked by a mechanic, but, overall, would the car meet my needs.
roadburner Posts: 7,035The powertrain should be good for at least 250,000 miles. It's the ancillaries that could prove troublesome- radiator, HVAC fan, suspension bits, window regulators, etc. If you can't handle minor repairs and maintenance yourself I'd set aside @$100/month for repairs and maintenance. A BMW must be maintained by the book- to fail to do so will prove very costly.
Finally, don't have it checked out by just "a mechanic"; find someone who KNOWS BMWs.Mine: 1995 318ti Club Sport 1975 2002A 2007 Mazdaspeed 3 1999 Wrangler 1996 Speed Triple Challenge Cup Replica Wife's: 2009 328i Son's: 2004 X3 2.5
roadburner Posts: 7,035An automatic I assume, correct? Who rebuilt the replacement? It's only a mistake if you paid too much or the car has been neglected. I hope you had an experienced BMW tech inspect it prior to purchase.
Mine: 1995 318ti Club Sport 1975 2002A 2007 Mazdaspeed 3 1999 Wrangler 1996 Speed Triple Challenge Cup Replica Wife's: 2009 328i Son's: 2004 X3 2.5


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