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- Bin Laden family's final moments in £7m plane that crashed at Blackbushe Airport
- To have and to hold: Stunning Italian heiress Beatrice Borromeo is given a helping hand by her royal groom Pierre Casiraghi ahead of ceremony at her parents' lakeside castle
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- Baby boy circumcised at request of Muslim father WITHOUT mother's consent
- Royal British legion suspends firm as MoS suspends new scandal
- Alcoholic Architecture is the bar where the air is saturated with alcohol
- Crazy Jewish Mom who won't stop giving her (long-suffering) daughter outrageous advice
- Drone comes within 100 feet of two commercial planes near JFK Airport
- Hypnotist Paul McKenna fails to halt 'drug and drink' addict case
Md. Lawmakers Push For Stiffer Anti-Laser Legislation
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Reporting Mary Bubala
Filed underLocal, News, Syndicated Local
Related tagsBarack Obama, FAA, Laser, Maryland State Police, Southwest Airlines
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BALTIMORE (WJZ)—Days before the busiest travel day of the year, state lawmakers are taking aim at a disturbing trend that makes flying more dangerous. They want stiffer penalties for pointing a laser at a plane.
Mary Bubala has the story.
Each year, hundreds of aircraft are hit by lasers
In Maryland more than 64 complaints pour into the FAA.
"Oh, yeah that would be blinding, if he got you right in the eyes, it would be blinding," said Chris Lovejoy, Maryland State Police pilot.
Lovejoy was one of those pilots hit last year over Mt. Airy. His cockpit lit up.
He testified in Annapolis in support of legislation that would increase the fine to $2500 with a penalty of up to three years in prison.
The measure has bi-partisan support.
"Do we need this law, and I think when people find out that the current law says maybe a $500 fine and we're talking about potential death, I think we are finding people in support of this bill," said Delegate Sam Arora, D-Montgomery County.
Pilots on a Southwest Airlines flight with more than 130 people on board were blinded by a laser landing at BWI in February of 2011.
The pilots were rushed to the hospital with eye injuries, and it's happened to pilots in Medevac choppers over Maryland.
"We could have lost the whole aircraft had it been in a different situation or if it had damage to our eyes or equipment," a pilot said.
The legislation actually passed the House last year but failed to reach a vote in the state Senate.
It will lead off the legislative session that begins in less than two months in Annapolis.
In February this year President Barack Obama signed federal anti-laser legislation with stiff fines and up to five years in prison.

subset: commoncrawl


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U-KISS Performs "DORADORA" On Inkigayo
U-KISS Performs "DORADORA" On Inkigayo
After making their comeback performances for "DORADORA" last weekend, U-KISS continues their promotions this week.
Their sixth mini album "DORADORA" was released last week on April 25 along with their music video for the title track. While they have seen some success from their comeback, they are still looking to take a music show win.
Update: B1A4 Unveils track List and Teasers for Mini Album " candy girl"
Update 07/29: track list released.
It appears like B1A4 is going for A romantic bohemian glance for the theory that in their 6th mini Album " candy lady"!
On July 27, the gang dropped roughly lovely teaser photographs to become lovers serious About their upcoming mini Album, which is determined to exist released on August x. . ... Read more
Julien Kang, courting amongst a three year more youthful fashion Jang Seong-hee, bearing in mind marriage ceremony
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lucky J"s J"Kyun to unlock new unmarried "Bad x" on July 30th
lucky J"s J"Kyun might exist liberating H5N1 solo unmarried on July 30th.
The unmarried is titled "Bad x" H5N1nd H5N1 teaser symbol turned into once printed on July 27th. Monsta x"s Jooheon H5N1nd rapper Konsoul might exist featuring in the song.. ... Read more
Update: Wonder girls tools Up for "REBOOT" Comeback alongside music List and Teaser photos
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EXO's D.O. on His outset love: "It Wasn't All Cutesy and gorgeous"
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The Government requested that the Supreme Court overturn U.S. v. Newman, the Second Circuit's decision on tipping and the personal benefit test. Previously, the Second Circuit had declined a request to either rehear the case or consider it en banc.
The SEC filed another settled FCPA action this week. It centered on payments made by a medical supply company to health care personnel employed by state owned enterprises in China. The Commission also filed and offering fraud case and a settled action involving an investment adviser who did not fully disclose compensation received in under agreements with a broker and two funds.
Supreme Court
Insider trading: The government filed a petition for certiorari in U.S. v. Newman, seeking to overturn the Second Circuit's controversial tipping decision. The petition argues that the Second Circuit panel decision conflicts with the Supreme Court's decision Dirks and the decision of the Ninth Circuit in Salman. U.S. v. Newman (S.Ct. Filed August 30, 2015).
SEC Enforcement - Filed and Settled Actions
Statistics: During this period the SEC filed 1 civil injunctive cases and 2 administrative actions, excluding 12j and tag-along proceedings.
Offering fraud: SEC v. Griffin (N.D.N.Y. Filed July 30, 2015) is an action which names as defendants James Griffin, John Wolle, 54Freedom Inc. and several related entities. Mr. Griffin is the founder and CEO of 54Freedom while Mr. Wolle is the CFO. Beginning in 2007, and continuing until at least 2014, the defendants are alleged to have engaged in a series of offering frauds, selling interest in 54Freedom with outlandish promises. About $8 million was raised, at least $1.2 million of which was misappropriated. The complaint alleges violations of Securities Act Sections 5(a), 5(c) and 17(a) and Exchange Act Sections 10(b) and 15(a). The case is pending. Parallel criminal charges have been brought by the U.S. Attorney's Office for the Northern District of New York.
Misrepresentations: SEC v. ABS Manager, LLC, Civil Action No. 13-cv-00319 (S.D. Cal.) is a previously filed action against ABS Manager, LLC and George Price. The complaint alleged that beginning in 2009, and continuing until early 2013, the defendants made material misrepresentations and omissions to investors regarding the risks associated with investing in three investment funds they managed. The defendants settled with the SEC and the Court entered final judgments of permanent injunctions based on Securities Act Section 17(a), Exchange Act Section 10(b) and Advisers Act Sections 206(1), 206(2) and 206(4). In addition, the defendants were, jointly and severally, directed to pay $362,648.83 in disgorgement, prejudgment interest and, respectively, penalties of $725,000 and $150,000. See Lit. Rel. No. 23313 (July 30, 2015).
Unregistered brokers: In the Matter of David B. Hananich, Jr., Adm. Proc. File No. 3-16354 (July 28, 2015) is a previously filed action which named as Respondents Mr. Hananich, a cofounder and director of Diversified Energy Group, Inc.; Carmine DellaSala, also a co-founder of Diversified; Matthew Welch, a vice president of Diversified and a board member of St. Vincent, a firm investors were told was a charity; Richard Scurlock, III, the owner of RTAG, a state registered investment adviser; RTAG Inc.; Tax Advisory Group; Jose Carrio and Dennis Karasik, co-founders of Respondent Carrio, Karasik & Associates, LLP, a wealth management firm; and Michael Salovay, a one-time registered representative. From 2006 through 2008 investors were solicited to purchase interests in Diversified and offered stock at prices ranging from 20 cents to $1.55 per share. A PPM was used. The shares were unregistered. Subsequently, from 2009 through 2012 investors were solicited to purchase Diversified bonds which had a coupon rate of 8% to 10.25%. Some of the bonds included an option to acquire stock. There was no registration in effect for the bonds. About $16.5 million was raised. To effectuate the sales of Diversified interests, unregistered sales agents were used. Those agents were paid a commission of either 5% or 10%. The agents included Mr. Scurlock and RTAG and Messrs. Carrio and Karasik and CKA and Mr. Salovay. In soliciting investors misrepresentations regarding the financial performance of Diversified were made. Additional misrepresentations were made regarding the firm's use of experts for advice. In addition, Messrs. Havanich, Dellasla and Welch touted their relationship with St. Vincent. The firm had no relationship to the well-known charity of St. Vincent de Paul, a voluntary Catholic organization. The Order alleges violations of Exchange Act Section 15(a). Messrs. Karasik, Carrio and their firm, Carrio, Karasik and Associates resolved the charges, each consenting to the entry of a cease and desist order based on Section 15(a). Each also agreed to be barred from the securities business and from participating in any penny stock offering. In addition, each settling Respondent agreed to pay disgorgement and to future proceedings which will determine the amount plus prejudgment interest if, ordered, and a penalty if appropriate.
Disclosure of fees: In the Matter of Dion Money Management, LLC, Adm. Proc. File No. 3-16702 (July 24, 2015). Dion Money Management is a registered investment adviser. Most clients used Broker A for custody. Beginning in 2002 the adviser entered into service agreements with an administrator to a Family of Funds B, a distributor for Family of Funds C and a Custodial Support Agreement with Broker A. With Family of Funds B the adviser had an arrangement under which it was paid a fee based on the amount of client assets invested in select funds in exchange for providing recordkeeping and administration services for those clients. After a number of modifications, in 2005 the adviser received a payment of 20 basis points up to certain limits. With Fund Family C the adviser entered into a similar arrangement, although the payment rate was 30 basis points. Under the arrangement with Broker A the adviser was compensated on a quarterly basis based on the percentage of client assets held in custody with the Broker that were invested in certain mutual funds on the brokers no-transaction–fee platform. Dion Money Management made certain disclosures regarding the arrangements listed above in its Form ADV which disclosed them but did not specifically state it could receive payments greater than 30 basis points as a result of the arrangement with Broker A. The Order alleges violations of Advisers Act Section 206(2) and 207. Dion Money Management resolved the charges. The firm will implement a series of undertakings which include amending the provisions of its current Form ADV and providing notice to clients of the Order and certifying compliance. The adviser also consented to the entry of a cease and desist order based on the Sections cited in the Order and to a censure. It will pay a civil money payment of $50,000. Disgorgement was not ordered.
In the Matter of Mead Johnson Nutrition Company, Adm. Proc. File No. 3-16704 (July 28, 2015). Mead Johnson is a global manufacturer and marketer of infant formula and child nutrition products. The firm has subsidiaries which operate in various parts of the world. Subsidiary Mead Johnson China operates in the PRC where the firm began doing business in the1990s. By 2013 the company had operations in 241 cities in China.
Part of Mead Johnson's marketing from 2008 through 2013 was through the medical sector which included health care facilities and health care professionals. The firm's China subsidiary used third-party distributors to market, sell and distribute products in the country. Mead Johnson China's sales personnel marketed through medical channels and health care facilities. Health care professionals at the facilities were encouraged to recommend the company products. Incentives to make that recommendation and collect certain information were provided in the form of cash payments and other things, contrary to company policy. The payments were made from the distributor allowance retained by the distributor but controlled by the firm. The firm failed to devise and maintain adequate systems of internal controls over the operations of its China subsidiary to ensure that the sales expenditures through its distributors were not used for unauthorized or improper purposes.
In 2011 the firm received information about possible violations of the FCPA which an investigation failed to uncover, although later the practices were halted. A second investigation, commenced in 2013, discovered the violations. The company cooperated with the SEC and undertook significant remedial measures. The Order alleges violations of Exchange Act Sections 13(b)(2)(A) and 13(b)(2)(B). To resolve the matter the company consented to the entry of a cease and desist order based on the Sections cited in the Order. In addition, the company will pay disgorgement of $7,770,000, prejudgment interest and a civil monetary penalty of $3 million.
Data reporting: The regulator fined Goldman Sachs Execution & Clearing, L.P. $1.8 million for failing to accurately submit trade reports to the appropriate FINRA Trade Reporting Facility. Specifically, the firm failed to transmit all applicable order information for Order Audit Trail System or OATS in a complete and accurate manner for about seven years. The firm also furnished inaccurate data for a large number of order-related events for over eight years and did not have adequate supervisory systems.
Criminal cases
Insider trading: U.S. v. Braverman, No. 1:14-cr-00748 (S.D.N.Y.) is an action charging former Dimitry Braverman, formerly a clerk at Wilson Sonsini, with insider trading. The charges alleged that he traded on inside information misappropriated from the firm on at least four occasions. He pleaded guilty to one count of securities fraud and as sentenced to serve twenty-four months in prison. See also SEC v. Braverman, Civil Action No. 14 cv 7482 (S.D.N.Y.).
Unregistered broker: The Australian Securities and Investment Commission initiated a proceeding against Dr. Roger Munro and Mrs. Kathleen Munro who are alleged to have raised about $1.5 million from investors for trading without registering with the agency as required. Although investors have been told the trades are profitable, records suggest the contrary. Portions of the investor funds have been transferred to a brokerage account in the name of Mrs. Munro.
Expenses: The ASCI announced that beginning July 29, 2015 it will seek to recover the cost of investigations where there has been a successful prosecution or civil proceeding against a person. The action is being taken under a provision of the Australian Securities and Investments Commission Act of 2001.
Directors: The ASIC banned Trevor Seymour, formerly a director of financial services firm Provident Capital Limited, from managing a corporation and providing financial services for three years. The action is based on the filing of false and misleading reports and a false prospectus used for a debenture offering. Mr. Seymour is the third director of the firm to be penalized.
Unregistered securities: The regulator secured a judgment against Astra Resources PLC and its subsidiary, Astra Consolidated Nominees Pty Ltd, for selling securities without registering a prospectus. About $6.5 million was raised from 300 investors over a period of about one year beginning September 2011. Remedies will be considered in the future.
Hong Kong
Reporting: The Securities and Futures Commission fined Nomura International (Hong Kong) Limited $4.5 million for failing to report significant misconduct by a former trader in a timely fashion. Specifically, when the firm reported on June 11, 2013 that a trader had lost US$3.5 million and had been sent back to Japan, it also knew he had made false entries to cover the transactions and had launched an investigation into the matters, none of which was reported until later.
Disclosure: The SFC initiated a proceeding against AcrossAsia Ltd and its chairman, Albert Cheok and CEO, Vincent Ang, for failing to disclose material information as soon as practicable. The action arose from a related litigation in Indonesia involving the company where in fact the information was disclosed.
On July 20, 2015, the U.S. Court of Appeals for the 7th Circuit issued an opinion that could dramatically change the class action landscape for companies that are victims of hackers. In Remijas v. Neiman Marcus Gp., the 7th Circuit reversed the district court, ruling that Neiman Marcus(NM) customers whose credit card information was compromised had standing to bring a class action suit against the retailer.
Sometime in 2013, hackers attacked NM and stole the credit card numbers of its customers. In mid-December 2013, NM learned that approximately 350,000 cards were exposed to malware and that 9,200 of those cards were discovered to have been used fraudulently. In 2014, the plaintiffs-on behalf of the 350,000 other customers whose data may have been hacked-brought a suit for negligence, breach of implied contract, unjust enrichment, unfair and deceptive business practices, invasion of privacy and violation of multiple state data breach laws.
Upon a motion from NM, the district court dismissed for lack of standing for failure to show "injury in fact." The plaintiffs appealed, alleging (among other injuries) that their lost time and money resolving the fraudulent charges and protecting themselves against future identity theft, and their increased risk of future identity theft, amounted to concrete, particularized injuries.
The Remijas court agreed that these allegations were sufficient to confer standing. With regard to the potential for future harm, the court distinguished this type of data breach from the suspected privacy incursions in Clapper v. Amnesty Int'l USA, 133 S.Ct. 1138 (2013). Once a breach has occurred, plaintiffs are not required to "wait for the threatened harm to materialize in order to sue"-the breach itself amounts to a substantial risk of harm.
The 7th Circuit also found that a customer's mitigation efforts taken after a breach, such as subscribing to a credit monitoring service, qualified as a concrete injury sufficient to confer standing. It therefore reversed the district court's dismissal and remanded.
In dicta, the opinion took a dim view of some of the plaintiffs' other asserted injuries. It declined to give weight to the argument that plaintiffs were harmed because they spent more on NM goods than they would have had they known that NM did not take the necessary precautions to secure their data. The court also refused to create a property right for plaintiffs' "private information," whereby they could be harmed even if they were automatically reimbursed and there was no risk of further use of the stolen information.
Although it was not a part of the district court's decision, the Remijas court also ruled against NM's causation argument that the harm could have been caused by another retailer-such as Target-who was subject to similar data breaches in 2013. In such a situation, it is a company's burden to show that it is not the cause of the injury.
The 7th Circuit raised other questions for the district court to consider on remand, including the length of time that a potential victim is truly at risk of injury following a data breach. "The [Government Accountability Office] suggests at least one year, but more data may shed light on this question." Questions of causation and damages will dominate as more data breach class actions move past the motion-to-dismiss stage.
The Remijas decision highlights the dynamic litigation landscape for companies after data breaches. Federal courts across the country disagree on what is sufficient harm to confer standing, but the 7th Circuit has now opened the door to viable data breach class actions premised on the fear of future harm from identity theft. Now, companies may have just as much to fear from the plaintiff lawyers as they do from the hackers themselves.
The Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA"),[1] enacted in 2005, has been the subject of extensive commentary over the effects that the Act might have on the chapter 11 landscape and the debtor's reorganization chances.
In my article, "Chapter 11 Duration, Preplanned Cases, and Refiling Rates: An Empirical Analysis in the Post-BAPCPA Era," I use multivariate regression models to examine empirically and quantify, for the first time, BAPCPA's effect on three distinct aspects of the chapter 11 process: (a) the duration of traditional chapter 11 cases; (b) the use of preplanned bankruptcies, that is, prepackaged and prenegotiated cases;[2] and (c) debtor refiling rates. My study shows that BAPCPA fulfilled, on the one hand, a long-standing desire of having shorter business reorganization cases, but on the other increased the proportion of debtors that have to refile for bankruptcy soon after exiting their previous filing.
Indeed, BAPCPA reduced the length of chapter 11 cases by amending and enacting several provisions that had the effect of accelerating the chapter 11 reorganization process, and encouraging the use of the inherently quick preplanned cases. As Table 1 below indicates, the average duration of reorganization cases dropped from 480 days to 261 days in the post-2005 era. Further, the proportion of companies undergoing preplanned bankruptcies rose to 58%, that is, 23 percentage points up from the corresponding pre-BAPCPA proportion.
Statistically significant at the 1% level
Multivariate regression models controlling for various factors, including the companies' pre-filing profitability, liquidity, and leverage confirmed that BAPCPA is correlated at a statistically significant level with shorter chapter 11 duration and more preplanned bankruptcies. Indeed, as Table 2 indicates, BAPCPA was correlated with a decrease in time within reorganization at the statistically significant level of 1%. Similarly, BAPCPA was correlated at the statistically significant level of 1% with the increased use of prepackaged and prenegotiated bankruptcies.
Statistically significant at the 1% level.
Naturally, speedy reorganization cases are advantageous in various respects. The debtor is able to return to normal operations much faster, thereby avoiding the reputational harm that a protracted stay in chapter 11 might entail. More importantly, the shorter the chapter 11 case is, the less are the costs associated with it, leaving more value available for distribution to the creditors.
The downside, however, is that reorganization cases that are too quick do not allow the debtor to effectuate a thorough restructuring. Instead, the debtor has merely enough time to effectuate a deleveraging of its balance sheet, without addressing core operational and structural problems that would allow it to exit bankruptcy as a truly rehabilitated and healthy company.
Therefore, what we observe in the post-2005 era is companies that exit bankruptcy only to refile some time later. Indeed, as Table 3 below indicates, 48% of the companies of the sample tested refiled for bankruptcy within five years of their emergence in the post-2005 era, while the corresponding proportion for the pre-2005 period was 18%.
In order to examine more rigorously BAPCPA's effect on recidivism, a multivariate regression model controlling for a number of factors, including the companies' post-emergence profitability and leverage, was employed. As Table 4 below indicates, BAPCPA was correlated at a statistically significant level with an increase in refiling rates.
As mentioned above, this finding suggests that the post-2005 debtor emerges from its chapter 11 proceeding hastily, effectuating only a "financial" restructuring, and a not core operational and structural one. As a result, the debtor is susceptible to another bankruptcy filing in the near future. And if one measure for successful bankruptcies is refiling rates, then BAPCPA seems to have failed in this respect.
[1] Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8, 119 Stat. 23 (2005).
[2] Prepackaged and prenegotiated cases entail pre-filing negotiations between the debtor and its creditors, and thus are concluded faster than a traditional reorganization case in which negotiations start after the filing of the chapter 11 petition.
This post comes to us from Foteini Teloni. It is based on the article "Chapter 11 Duration, Preplanned Cases, and Refiling Rates: An Empirical Analysis in the Post-BAPCPA Era", which she wrote while an Adjunct Professor and Doctoral Fellow at Fordham University School of Law and is forthcoming in the American Bankruptcy Institute Law Review. Ms. Teloni is currently a practicing attorney.
Diane Lerner is a Managing Partner and Christine Oberholzer Skizas is a Partner at Pay Governance LLC. This post is based on a Pay Governance memorandum.
Interest in, and momentum toward, greater diversity in the boardrooms of U.S. publicly traded companies is increasing. We believe this is due to a combination of international developments, workplace trends and investor sentiment.
Although all aspects of diversity are meaningful topics, this post is solely focused on gender diversity. Currently, females represent approximately 15% of outside board member seats in the S&P 1500 and about 18% of the S&P 500 seats. This equates to a median of 1-2 female board members in a group of 9-11 board members.
While the overall statistics for U.S. companies are regularly reported, relatively little has been written about those U.S. public company boards that have moved farther down the path of gender diversity. For the purpose of our review, we define "gender diverse" at 30% female directors or more, using a standard typical in countries who have enacted legislation. Assuming more companies will want to reach a 30%+ level of gender diversity over the next decade, we wanted to study companies that have already achieved this level. We wanted to identify any specific similar characteristics that can be found at these companies and to learn more through selected interviews about the paths to a gender diverse board.
Many countries have enacted legislation to increase the percentage of female board members. Norway did so first in 2003, requiring 40% female board members by 2008, and they have achieved that goal. Other countries have followed suit in passing legislation mandating gender diversity on public company boards, including Belgium, Finland, France, India, Italy, the Netherlands, Spain, the and Belgium. Earlier this year, Germany passed a law requiring 30% of board seats to be filled by women by 2016. In most countries, the "target" or "quota" was set somewhere between 30% and 40%.
For this study, we define "gender diverse" as having 30% or more female outside (non-officer) directors. If we use the S&P 500 as our sample, 27 of the S&P 500 companies (5.4%) are gender diverse. We originally identified these companies using 2013 proxy information, and then updated our diversity calculations for these same companies using the most currently reported information.
Of those with gender diverse boards, the range for numbers of directors is 3 to 7 female directors, with a median of 4. In terms of percentages, these boards have a range of 33% to 64% female, with a median of 38%.
Gender diverse boards span a wide range of sectors, with financial services having the highest representation:
Within the "Other" group, there are some unexpected sectors represented, including Aerospace/Defense and Mining.
While we did not see any pattern in terms of sector or geographic location, we did find that the companies with gender diverse boards have a higher prevalence of female CEOs. Although most companies (20) have male CEOs, 7 of the 27 companies (26%) have female CEOs (2), versus 4.6% overall for the S&P 500. Upon further review of those 7 companies, board gender diversity generally increased after the female CEO was appointed. That change suggests the appointment of a female CEO had a positive change on future board diversity. It is also possible that a positive experience with a female CEO (and willingness to/interest in hiring a female CEO) is indicative of a board that is more focused on gender diversity.
We conducted interviews with members of gender diverse boards to understand better the path to greater board member diversity and the impact it has had on the board and the company. We spoke with a number of directors, including: Cathy Halligan, Chairman of the Compensation Committee of ULTA Beauty (44% female), Fred Hubbell, Lead Director of VOYA Financial (43% female), Ann Korologos, Lead Director of Harman International (33% female) and Chairman of the Compensation Policy Committee of Host Hotels and Resorts (38% female), and Liz Tallett, Lead Director of Principal Financial (33% female). Here are some of the key themes from those interviews:
"Some organizations may want to "tick the box"...we made it clear we wanted half of the candidates on the slate to be women"
"A good recruiter will provide critical support to the candidate spec, making sure that the desired candidate is a good fit for the board, including filling talent/experience gaps and addressing diversity...if female candidates are not presented, rethink your choice of recruiter"
"We looked where the money was...two-thirds of our customers and employees are women and we wanted the board to reflect the customer and employee base"
"Women are good at asking questions and can be inclusive-both of which lead to more thoughtful, quality conversations"
"Women are more about engagement than process. While process is necessary, engagement is the real goal"
"It is very legitimate for shareholders to think about whether performance is benefitted by more gender diversity and communicate to companies if they want to see changes made"
In a research article written by Corrine Post and Kris Byron in late 2014, they "found that female board representation is positively related to profitability and market performance in countries with stringent shareholder protections," including the United States.
A recent Thomson Reuters study shows companies with greater board gender diversity have lower volatility in stock price-and have similar or better gains in stock price across more than 4,000 companies traded globally.
Board gender diversity is likely to increase given international trends and shareholder interest. As companies look to fill director vacancies, we expect an increasing number of qualified female candidates will be presented, which will result in an increase in the percentage of female directors on public company boards. However, our interviews suggest that gender diversity does not happen on its own: it will require a reconsideration of experience requirements and the recruiting process.
The Chancery opinion in Andrikopoulos v. Silicon Valley Innovation Company, LLC, C.A. No. 9899-VCP (Del. Ch. July 30, 2015), addressed the priority of an advancement claim in the context of a receivership under Delaware law. Bottom line: The court ruled, on this issue of first impression, that the claims for advancement in this case are not entitled to administrative priority, and should be treated as pre-petition, unsecured claims without administrative priority.
The odd procedural context of this case is not likely to be replicated often for the average practitioner of corporate or commercial litigation, but the court does refer to some of the well-known and frequently applied Delaware principles and policy of advancement. I suggest that this opinion may be most useful to those dealing with the priority of claims generally in receiverships under Delaware law, as well as bankruptcy lawyers to the extent the court refers to bankruptcy by analogy to a receivership, and cites to many decisions of bankruptcy courts that have dealt with advancement under Delaware law (though the decision refers to some courts that conflate the concepts of advancement and indemnification-which is not uncommon among some courts and lawyers alike.)
Securities litigation has a culture defined by multiple elements: the types of cases filed, the plaintiffs' lawyers who file them, the defense counsel who defend them, the characteristics of the insurance that covers them, the way insurance representatives approach coverage, the government's investigative policies - and, of course, the attitude of public companies and their directors and officers toward disclosure and governance.
This culture has been largely stable over the nearly 20 years I've defended securities litigation matters full time. The array of private securities litigation matters (in the way I define securities litigation) remains the same – in order of virulence: securities class actions, shareholder derivative litigation matters (derivative actions, board demands, and books-and-records inspections), and shareholder challenges to mergers. The world of disclosure-related SEC enforcement and internal corporate investigations is basically unchanged as well. And the art of managing a disclosure crisis, involving the convergence of shareholder litigation, SEC enforcement, and an internal investigation, involves the same basic skills and instincts.
But I've noted significant changes to other characteristics of securities-litigation culture recently, which portend a paradigm shift. Over the past few years, smaller plaintiffs' firms have initiated more securities class actions on behalf of individual, retail investors, largely against smaller companies that have suffered what I call "lawsuit blueprint" problems such as auditor resignations and short-seller reports. This trend – which has now become ingrained into the securities-litigation culture – will significantly influence the way securities cases are defended and by whom, and change the way that D&O insurance coverage and claims need to be handled.
Changes in the Plaintiffs' Bar
Discussion of the history of securities plaintiffs' counsel usually focuses on the impact of the departures of former giants Bill Lerach and Mel Weiss. But although the two of them did indeed cut a wide swath, the plaintiffs' bar survived their departures just fine. Lerach's former firm is thriving, and there are strong leaders there and at other prominent plaintiffs' firms.
The more fundamental shifts in the plaintiffs' bar concern changes to filing trends. Securities class action filings are down significantly over the past several years, but as I have written, I'm confident they will remain the mainstay of securities litigation, and won't be replaced by merger cases or derivative actions. There is a large group of plaintiffs' lawyers who specialize in securities class actions, and there are plenty of stock drops that give them good opportunities to file cases. Securities class action filings tend to come in waves, both in the number of cases and type. Filings have been down over the last several years for multiple reasons, including the lack of plaintiff-firm resources to file new cases as they continue to litigate stubborn and labor-intensive credit-crisis cases, the rising stock market, and the lack of significant financial-statement restatements.
While I don't think the downturn in filings is, in and of itself, very meaningful, it has created the opportunity for smaller plaintiffs' firms to file more securities class actions. As D&O Discourse readers know, the Reform Act's lead plaintiff process incentivized plaintiffs' firms to recruit institutional investors to serve as plaintiffs. For the most part, institutional investors, whether smaller unions or large funds, have retained the more prominent plaintiffs' firms, and smaller plaintiffs' firms have been left with individual investor clients who usually can't beat out institutions for the lead-plaintiff role. At the same time, securities class action economics tightened in all but the largest cases. Dismissal rates under the Reform Act are pretty high, and defeating a motion to dismiss often requires significant investigative costs and intensive legal work. And the median settlement amount of cases that survive dismissal motions is fairly low. These dynamics placed a premium on experience, efficiency, and scale. Larger firms filed the lion's share of the cases, and smaller plaintiffs' firms were unable to compete effectively for the lead plaintiff role, or make much money on their litigation investments.
This started to change with the wave of cases against Chinese issuers in 2010. Smaller plaintiffs' firms initiated the lion's share of them, as the larger firms were swamped with credit-crisis cases and likely were deterred by the relatively small damages, potentially high discovery costs, and uncertain insurance and company financial resources. Moreover, these cases fit smaller firms' capabilities well; nearly all of the cases had "lawsuit blueprints" such as auditor resignations and/or short-seller reports, thereby reducing the smaller firms' investigative costs and increasing their likelihood of surviving a motion to dismiss. The dismissal rate has indeed been low, and limited insurance and company resources have prompted early settlements in amounts that, while on the low side, appear to have yielded good outcomes for the smaller plaintiffs' firms.
The smaller plaintiffs' firms thus built up a head of steam that has kept them going, even after the wave of China cases subsided. For the last year or two, following almost every "lawsuit blueprint" announcement, a smaller firm has launched an "investigation" of the company, and they have initiated an increasing number of cases. Like the China cases, these cases tend to be against smaller companies. Thus, smaller plaintiffs' firms have discovered a class of cases – cases against smaller companies that have suffered well-publicized problems that reduce the plaintiffs' firms' investigative costs – for which they can win the lead plaintiff role and that they can prosecute at a sufficient profit margin.
To be sure, the larger firms still mostly can and will beat out the smaller firms for the cases they want. But it increasingly seems clear that the larger firms don't want to take the lead in initiating many of the cases against smaller companies, and are content to focus on larger cases on behalf of their institutional investor clients.
These dynamics are confirmed by recent securities litigation filing statistics. Cornerstone Research's "Securities Class Action Filings: 2014 Year in Review," concludes that (1) aggregate market capitalization loss of sued companies was at its lowest level since 1997, and (2) the percentage of S&P 500 companies sued in securities class actions "was the lowest on record." Cornerstone's "Securities Class Action Filings: 2015 Midyear Assessment" reports that two key measures of the size of cases filed in the first half of 2015 were 43% and 65% lower than the 1997-2014 semiannual historical averages. NERA Economic Consulting's "Recent Trends in Securities Class Action Litigation: 2014 Full-Year Review" reports that 2013 and 2014 "aggregate investor losses" were far lower than in any of the prior eight years. And PricewaterhouseCoopers' "Coming into Focus: 2014 Securities Litigation Study" reflects that in 2013 and 2014, two-thirds of securities class actions were against small-cap companies (market capitalization less than $2 billion), and one-quarter were against micro-cap companies (market capitalization less than $300 million).* These numbers confirm the trend toward filing smaller cases against smaller companies, so that now, most securities class actions are relatively small cases.
Consequences for Securities Litigation Defense
Securities litigation defense must adjust to this change. Smaller securities class actions are still important and labor-intensive matters – a "small" securities class action is still a big deal for a small company and the individuals accused of fraud, and the number of hours of legal work to defend a small case is still significant. This is especially so for the "lawsuit blueprint" cases, which typically involve a difficult set of facts.
Yet most securities defense practices are in firms with high billing rates and high associate-to-partner ratios, which make it uneconomical for them to defend smaller litigation matters. It obviously makes no sense for a firm to charge $6 million to defend a case that can settle for $6 million. It is even worse for that same firm to attempt to defend the case for $3 million instead of $6 million by cutting corners – whether by under-staffing, over-delegation to junior lawyers, or avoiding important tasks. It is worse still for a firm to charge $2 million through the motion to dismiss briefing and then, if they lose, to settle for more than $6 million just because they can't defend the case economically past that point. And it is a strategic and ethical minefield for a firm to charge $6 million and then settle for a larger amount than necessary so that the fees appear to be in line with the size of the case.
Nor is the answer to hire general commercial litigators at lower rates. Securities class actions are specialized matters that demand expertise, consisting not just of knowledge of the law, but of relationships with plaintiffs' counsel, defense counsel, economists, mediators, and D&O brokers and insurers.
Rather, what is necessary is genuine reform of the economics of securities litigation defense through the creation of a class of experienced securities litigators who charge lower rates and exhibit tighter economic control. Undoubtedly, that will be difficult to achieve for most securities defense lawyers, who practice at firms with supercharged economics. The lawyers who wish to remain securities litigation specialists will thus face a choice:
I've taken the third path, and I hope that a number of other securities litigation defense lawyers will also make that shift toward regional defense firms. A regional practice can handle cases around the country, because litigation matters can be effectively and efficiently handled by a firm based outside of the forum city. And they can be handled especially efficiently by regional firms outside of larger cities, which can offer a better quality of life for their associates, and a more reasonable economic model for their clients.
Consequences for D&O Insurance
D&O insurance needs to change as well. For public companies, D&O insurance is indemnity insurance, and the insurer doesn't have the duty or right to defend the litigation. Thus, the insured selects counsel and the insurer has a right to consent to the insured's selection, but such consent can't be unreasonably withheld. D&O insurers are in a bad spot in a great many cases. Since most experienced securities defense lawyers are from expensive firms, most insureds select an expensive firm. But in many cases, that spells a highly uneconomical or prejudicial result, through higher than necessary defense costs and/or an early settlement that doesn't reflect the merits, but which is necessary to avoid using most or all of the policy limits on defense costs.
Given the economics, it certainly seems reasonable for an insurer to at least require an insured to look at less expensive (but just as experienced) defense counsel before consenting to their choice of counsel - if not outright withholding consent to a choice that does not make economic sense for a particular case. If that isn't practical from an insurance law or commercial standpoint, insurers may well need to look at enhancing their contractual right to refuse consent, or even to offer a set of experienced but lower-cost securities defense practices in exchange for a lower premium. It is my strong belief that a great many public company CFOs would choose a lower D&O insurance premium over an unfettered right to choose their own defense lawyers.
Since I'm not a D&O insurance lawyer, I obviously can't say what is right for D&O insurers from a commercial or legal perspective. But it seems obvious to me that the economics of securities litigation must change, both in terms of defense costs and defense-counsel selection, to avoid increasingly irrational economic results.
* Median settlement values are falling as well. In 2014, the median settlement was just $6.5 million according to NERA and $6.0 million according to Cornerstone. NERA found that "[o]n an inflation-adjusted basis, 2014 median settlement was the third-lowest since the passage of the PSLRA: only in 1996 and in 2001 were median settlement amounts lower on an inflation-adjusted basis." Cornerstone reports that 62% of settlements in 2014 were $10 million or less, compared to an average of 53% over 2005-13. Since settlements in 2014 were of cases filed in earlier years, when the size of cases was larger, it stands to reason that median settlements should remain small or decrease further in future years.
I probably haven't been touting our numerous checklists - over 300 of them now - sufficiently. For example, this one on "'34 Act Reports - Benchmarking Law Firm Bills" provides practical guidance – for those in-house – about benchmarking your '34 Act bills and how to best create a RFP for '34 Act work...
SCOTUS: Poised to Address Insider Trading Standard
Yesterday, as noted in this Orrick memo, the Solicitor General filed a petition for a writ of certiorari in United States v. Newman, 773 F.3d 438 (2d Cir. 2014), asking the United States Supreme Court to address the standard for insider trading in a tipper-tippee scenario. Specifically, the Solicitor General argues that the Second Circuit's Newman decision is in conflict with the Supreme Court's 1983 decision in Dirks v. SEC, 463 U.S. 646 (1983), and the Ninth Circuit's recent decision in United States v. Salman, No. 14-10204 (9th Cir. July 6, 2015). Because the Supreme Court grants certiorari in nearly three out of four cases filed by the Solicitor General, the likelihood of a cert grant in Newman is particularly high...
Europe: Shareholder Rights Directive II Moves Ahead
A few weeks ago, as noted in this article, the European Parliament passed the Shareholder Rights Directive – and it will now be considered by member states before a final vote. Some provisions were watered down – but new ones were added. Among others, the topics include say-on-pay (non-binding every 3 years, instead of binding originally proposed); investor disclosure (disclose how investments align with long-term interests and how engagement policies are implemented, but only on a comply-or-explain basis); and proxy advisors (adopt code of conduct & describe changes annually). The prior Shareholder Rights Directive in Europe was enacted in '09...
– Broc Romanek
We are discussing the remarks made by Mike Garland, the Assistant Comptroller for Corporate Governance and Responsible Investment at New York City Office of the Comptroller, on his experience obtaining preliminary voting results during the prior proxy season. His remarks have been webcast, can be found here, and the relevant remarks start at 2:17. The quotes were taken from the audio so may not be precisely accurate.
During the prior proxy season, his Office engaged in a number of exempt solicitations in support of shareholder proposals seeking proxy access. In his remarks, he addressed his experience in obtaining preliminary voting results. How important is this information? Very. See 2:45 (describing the information as "among the most important. That's what really helps to inform strategic decisions and resource allocations."). How successful was he in obtaining this important information? Not very.
Requests for preliminary results were made at 18 companies (or, as he put it, "what we [actually] requested was their agreement to permit Broadridge to provide us with preliminary tallies"). Of that number: "Eight companies failed to acknowledge even our request which was sent by email. Three companies had the courtesy to respond and declined the request. Seven companies agreed in some cases fairly readily."
So 60% of the companies either ignored the request or said no.
With respect to the seven companies that agreed to allow Broadridge to provide the preliminary voting information, the actual results were no better. As Garland stated:
Some of the companies did provide the information directly but that left the companies in the position of acting as gatekeeper with respect bot to timing and content. Id. ("But I will say that some of these companies that did agree ended up sending us the tallies which we appreciate but it not a substitute for receiving them from Broadridge without the company having the right to play the role of gatekeeper.").
Later in the Q&A period, Garland was asked (by me) about the self-help efforts whereby CII, Corporate Secretaries and others sought to iron out a three party confidentiality agreement governing the release of preliminary results to shareholders (the discussion is at 2:44 on the video). The talks, however, had broken down.
Garland indicated that he had been a participant in the discussion. He stated that the "process is not a substitute for SEC action. Were it to make more headway, which it has failed to do, it would potentially be a stopgap incomplete solution but it will never provide I think an acceptable solution." Instead, the he did not "think his problem will be fixed absent action by the Commission."
Why? First, there was the problem of Broadridge's refusal to provide the data even when companies agreed to disclosure.
Second, the approach, even if it worked, puts the company in control of the disclosure process. They could always decline.
So where does this leave things? As the IAC recommendation requested, the Commission needs to step into this space and ensure that preliminary voting information is disclosed not in a manner that favors one side over the other in an exempt solicitation but on an impartial basis.
7/31/2015 posts


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Web Diary for Central Govt Employees, Defence Personnel, Railway Employees, Pensioner, Ex-servicemen etc.
Monday, November 26, 2012
Saturday, November 24, 2012
Friday, November 23, 2012
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RH cannot be mid-fixed or sandwiched between two spells of any kind of regular leave: CGDA Clarification
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MG A Roadster 1958 Body off restored wire wheels. Very beautifull 1958 MG A Roadster. This MG A is completely body off restored. The car... More
Very clean, well prepared Southern car. Excellent 1600cc engine, 155-160 psi compression in every cylinder, 60-65 psi oil pressure, zero smoke, same with trans and... More
1961 MGA Roadster '61 MGA Roadster in red with black interior. Comes with the soft top and side curtains as well as solid wheels.... More
MGA 1600 cabriolet Old English White in topcondition 1961 MGA cabriolet in topcondition. The car is fully restored. Paint is Old English White with burgundy... More


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Scandalous periodical "The Gossip's Corner" is run by a supposed blackmailer whose identity has baffled the police -- until T.B. Smith, a singlularly acute Assistant Commisioner, gradually tracks the man to the Secret House.
He was chuckling, partly at Poltavo's surprise, partly at some amusing thought.
"Well done, Poltavo," he said; "excellently fenced."
"Did you hear?" asked the Pole, surprised in spite of himself.
"Every word," said the other. "Well, what do you think of it?"
Poltavo pulled a chair from the wall and sat down facing his chief.
"I think it is very clever," he said admiringly, "but I also think I am not getting sufficient salary."
The veiled man nodded.
"I think you are right," he agreed, "and I will see that it is increased. What a fool the woman was to come here!"
"Either a fool or a bad actress," said Poltavo.
"What do you mean?" asked the other quickly.
Poltavo shrugged his shoulders.
"To my mind," he said after a moment's thought, "there is no doubt that I have witnessed a very clever comedy. An effective one, I grant, because it has accomplished all that was intended."
"And what was intended?" asked Mr. Brown curiously.
A long and complicated procedural story about a diabolical blackmailer and master criminal; his henchman, an Italian count; T.B. Smith, the Scotland Yard detective who tracks them; and assorted bystanders. It goes off on a variety of tangents, and although Wallace eventually weaves all the bits together, the novel suffers from the lack of a strong central character.
A fun read, although the ending is a bit abrupt.
Fans of the Hunger Games and Sci-Fi Thrillers will... Read more
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Join the 'Head Injury' group to help and get support from people like you.
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This content has been marked as final. Show 2 replies
1. Re: PO PrefixPranitSaha Jan 17, 2013 10:36 PM (in response to 946552)You can do a forms personalization to get this done.
2. Re: PO Prefix946552 Jan 18, 2013 8:34 AM (in response to PranitSaha)Thanks for your response
Can you please provide me the steps to achieve this,
Please do the needful.


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Narrow your search
Sony's VPL-VW10, the company's least expensive SXRD projector yet, proves itself a very good performer for the price, and therefore an excellent value.
Black Hat 2014
This collection of goodies includes a top-rated camcorder and some robust editing software. Plus: three bonus deals!
OnePlus, a small Chinese upstart, drew big hype after it released the OnePlus One -- a smartphone geek's smartphone. With its follow up device, the OnePlus 2, it looks to take the next step.
This number/letter combo is the key to film-like movies shown closer to the way the director intended.
Road Trip 2015: The second half of a two-part series about Vietnam's startup scene takes a deeper look at some rare success stories and how the country is fostering -- and hindering -- its homegrown tech community.
The failure of the Fire Phone, which hit the market a year ago on Saturday, offers some lessons on what companies need to do -- and avoid -- when trying to create a successful smartphone.
Have burning questions about Microsoft's operating system? Here are some answers.
The Klipsch Reference Premiere speakers and subwoofer deliver maximum home theater dynamics and power with ease, and sound great with music, too.
Stunt filmmaker Gregg Godfrey set a new record at Evel Knievel Days and nearly made a mess of Butte, Montana in the process.
Which has the most apps? Which has the coolest features? Which one is the best? The most popular streamers all have their merits, so we'll help you decide which box is right for you.


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Super 8 Houston / Brookhollow / NW
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A little more New Orleans
... food available to try here!! After the scale wincing stop, we headed back to Bourbon street and found a REALLY fun piano bar. The evening was filled with good drink and lots of music requests. After enough liquid courage, I requested an Elvis song and we danced in front of everyone! We decided to call it a night and made our way back to the ...
New Orleans!
... by the river and made our way to bourbon street. I had a "Big Ass beer" and took in some serious people watching! The area seems like it is on the edge of complete chaos! After our fill of craziness, we headed over to Harrahs to play some slot machines. We didn't hit in big, so we returned to the hotel and called it a ...
Memphis, Tennessee
... it would be funny to place some of their live duck decoys (it was legal then for hunters to use live decoys) in the beautiful Peabody fountain. Three small English call ducks were selected as "guinea pigs," and the reaction was nothing short of enthusiastic. Soon, five North American Mallard ducks would replace the original ducks. In 1940, Bellman Edward Pembroke, a former circus animal trainer, offered to help with delivering the ducks to the fountain each day ...
Let the countdown begin! Or continue.
... to India. I do wish I could say that in the 8 weeks I will be in India that I will have plenty of time to travel around and see all sorts of amazing sites, but the fact is the majority of my time over there will be for the purpose of work. And we aren't talking Monday-Friday, 40 hours a week either. We are talking full on busy season hours. It's unfortunate, but I still have every intention of taking advantage of my weekends (I'm ignoring ...
Take off
... just the fact that I was getting on this Emirates plane to a foreign country I've never been to. It's all such a surreal experience for me. The most fun thing was watching movies and having wine until I fell asleep. Unfortunately, I did not seat close to my classmates on the flight but I did get plenty of rest. The least fun thing today was waking up to feel a bit uncomfortable on the flight seat because I didn't have much space to move ...


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text: Sexy Halloween Costumes By Tony Wright October 9, 2013 3:00 PM | 1140 KSOO-AM Share on Facebook Share on Twitter Sexy Ain't Misbehavin' Flapper Party AmericaNext: Sexy After Schoolgirl Source: Sexy Halloween Costumes Filed Under: Halloween Category: Articles Share on Facebook Share on Twitter More Leave a comment Send to a friend! Print this page Pin it! Reddit This! Share on Tumblr! Best of B102.7 Mick Jagger and Martin Scorsese's 'Rock Drama' Has a Name Splashed Beachgoer Goes on Disturbing Racist Rant [NSFW VIDEO] Man With No Intention of Growing Up Builds Awesome Slinky Elevator What is South Dakota's Best Invention? Recommended For You Best of the Web


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Job Board
Senior Art DirectorINDG Netherlands - Amsterdam
At INDG we combine the most innovative online technical solutions with beautiful graphic designs. Creativity is one of the standard requirements of all our staff since we consider this as the backbone of our organization. Our highly skilled and wel... read moreOther Full-time
Front-end wizardSWE Advertising Agenc... Sweden - Stockholm
SWE Advertising Agency is looking for a Front-end developer.SWE is a strategic and creative communication agency that creates business by positioning and guiding companies, brands and organizations based on relevance and relationships in everyday lif... read moreOther Full-time
Web Developer FULL TIME Wordpress mostly.www.marble.com U.S.A. - Ridgefield Park
Marble is looking for a Web Developer. Multiple website development + maintenance of existing. Full time position in Ridgefield Park, NJ. Don't send offers for remote work. Wordpress for the most part. read moreOther Full-time


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Quality Inn Gloucester City
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Planes and Boats and Trains... Harper's Ferry
... of Art, and are so glad we did… a beautiful building, with an amazing collection. Pat went into the 17thC Dutch galleries with Rembrandts and Rubens, and I went to the photography galleries, with very early mid-1800s photos, and then on into the early 20th C with Stieglitz and Ansel Adams, and then some very evocative photos of American life, particularly in the depression and the ghettos of the big cities. It was a nice foretaste of what we expect to ...
Jess Gets Silly in Philly
... hunt so we divided into two teams (each with different tasks) and decided to meet up in an hour. While I didn't get to spend time with the bachelorette herself, I did have an amazing group of girls. (Side Note: all of Jess' bachelorette crew were friends she's known since HS. I'd met most of them before and over the years had developed friendships with a few, but this was the first time I was meeting some of them and seriously -- not that I'm biased -- Jess has the most ...
Visiting the President
... Later we waltzed past the White House. Prez Obama saw us & goes "my Aussie friends, please join us for a Bud" but we were on a tight schedule so had to decline. Can't drink and drive!! The traffic getting out of Washington and driving north pretty bad. Stopped at Philadelphia for the ...
Boxing Day
... task of repacking - my job, as I'm sick of him complaining about no room, overweight blah blah blah. Anyhow, accomplished this task extremely efficiently with room and heaps of weight to spare - again not a boy thing! Off to Washington tomorrow - another place to look forward to. Apologies again for the lack of photos will try and upload on the train tomorrow. Hope all is well in your worlds Take care Love The Govs's ...
Magic Gardens and Love murals
Out early to beat the heat ( ha ... that didn't work ) and to visit outsider art - the Magic garden at South St ...guy was art-school trained he nevertheless uses the aesthetic and random materials of unschooled artists -I liked the garden art/ installation which is the oldest part of the environment ... The newer work is less free, a bit obviously folksie and seems more driven by the need to make money ( fair enough I ...


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It's officially fashion week in Louisville, and the first annual Waterfront Fashion Week has officially recognized bikes as a required fashion accessory—and a great way to get around. To celebrate, a fashionable bike ride will be departing from Theater Square on Fourth Street this Saturday, October 20 at 6:00 p.m., so don your most couture bicycling garb and take a ride through Downtown to the WFW tent at Waterfront Park's Big Four Lawn where Louisville's newest bike lane is the runway. Reserve your spot and tell your friends on the event's Facebook page.
Branden Klayko
Founder and Editor at Broken Sidewalk
Branden is a writer and architectural designer living in Brooklyn. After graduating from the College of Architecture at Washington University in St. Louis, Branden practiced architecture in Louisville where he worked on several large LEED Certified buildings. Branden is the senior web editor at The Architect's Newspaper, where he covers architecture, design, and urbanism. He has also written about design for Designers & Books, sustainability for Inhabitat, and architecture for the American Institute of Architects. He founded Broken Sidewalk in 2007, an online collaborative promoting architecture and urbanism in Louisville, Kentucky and the Midwest.
Latest posts by Branden Klayko (see all)
- Major apartment complex in downtown New Albany moves forward with public funding approval - Jul 29, 2015
- More like this: U of L gives free bike vouchers to students & faculty who opt out of parking permits - Jul 29, 2015
- West Main Street is a little less weird with the passing of Julian Goldberg - Jul 29, 2015


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Yahoo Server Updates
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- I've been unable to access Mail all day. I keep getting Error Code 5. When I attempt to report, I get a message that Yahoo is updating Mail servers and they are aware of the problem. It should be fixed in 2 hours and if the problem persists, let them know. Anyone else running into this today?
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