text:
Virgin Atlantic now Passbook ready
Virgin Atlantic has become the first UK-based airline to make boarding cards available through Passbook, Apple's in-built ticketing feature for iOS 6.
However rather than update its rather poor app, users will be able to add a Passbook ticket to their iPhone or iOS device during the online check-in process.
"During the online check-in process, passengers will now have the added option of sending their boarding card directly to Passbook on their iPhone or iPod touch enabling them to by-pass check-in kiosks and head straight to security or via baggage drop if carrying luggage," says VA.
READ: Virgin Atlantic's new in-flight entertainment system pictures and hands-on
"Passbook integration works seamlessly with our website – and will enable a speedy check-in and ensure your boarding card is stored safely and securely in the Passbook app on your iPhone or iPod touch," Simon Lloyd, Virgin Atlantic's director of marketing, said in the release announcing the new feature.
"Critically, it also cuts down the impact of printing physical cards. Our trials have shown passengers really enjoy using Passbook and we're sure many other airlines will now follow our lead,"
After using online check-in and selecting to send the boarding card to Passbook, an email is sent to the passenger containing a Passbook attachment. As the attachment is opened the boarding card is securely loaded into the app ready to be scanned at the departure gate ahead of boarding the aircraft.
Passbook stores the boarding card data in an industry standard barcode which can be scanned and read at departure gates at all Virgin Atlantic UK departure airports – Heathrow, Gatwick and Manchester.
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text:
Men's Carolina 8" Grizzly Waterproof 400 Gram Thinsulate Ultra Insulated EH Work Boots
Item # WWSX-283154SOLD OUT
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Carolina 8" Grizzly WATERPROOF 400 Gram ThinsulateTM Ultra Insulated EH Work Boots. Work's a bear.
Better get Grizzly Work Boots featuring 100% waterproof construction and effective Thinsulate Ultra Insulation! Rain, snow and sleet won't stop you on your rounds, or from making sure your day-to-day chores are completed to perfection. Carolina went wild on warmth... a solid 400 Gram Thinsulate Ultra Insulation layer locks up heat like Fort Knox.Ready to roll:
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subset: commoncrawl


text:
Davis, an LA firefighter charged with filing false workers'
compensation claims while competing in MMA, entered his plea at the
Clara Shortridge Foltz Criminal Justice Center in downtown Los
"The defendant was arraigned today and entered a not guilty plea,"
a representative from the Los Angeles County District Attorney's
Office told Sherdog.com. "He is due back in court on June 27 for a
hearing in Losa Angeles Superior Court Department 50. A date for a
preliminary hearing has not yet been scheduled."
Investigators allege that Davis made false claims for workers'
compensation between Dec. 2, 2008, and May 20, 2011, a period
during which he competed in seven MMA bouts and posted a 6-1
record. The 35-year-old fighter was arrested without incident April
10 at his home in Lomita, Calif., and held on $30,000 bail. He was
released the following day.
"I emphatically deny all charges against me, and I have never filed
a false worker's compensation claim while working as a
firefighter," Davis stated in a press release issued Wednesday.
"Further, any injuries received while competing in mixed martial
arts had nothing to do with any worker's compensation claims.
"The media has portrayed me in a light that is in complete
contradiction to my personal code of ethics. I am a professional
athlete, family man, law-abiding citizen, and advocate for my
community," said Davis. "I look forward to my day in court and
being able to prove my innocence. I believe the facts will speak
for themselves at that time."
Davis' most recent bout was March 24 in Geneva, Switzerland, where
he stopped Berin
Balijagic on second-round punches under the banner of Swiss
promotion Strength and Honor Championship. The fighter nicknamed
"Noodle" posted a 3-1 record during his Bellator stint, which
included three nationally televised bouts.
If convicted, prosecutors say Davis faces up to five years in
county jail.
This item was updated May 2 at 6:44 p.m. ET to include a
statement from Raphael Davis.
Former UFC, Bellator, and Strikeforce fighter Lavar Johnson was sentenced on Friday to five years in prison for domestic violence. read news >>
The hits just keep on coming for Bellator 154, as veteran Pride heavyweight Sergei Kharitonov has been forced out of his promotional debut. read news >>
In the midst of a career resurgence, Pride veteran Sergei Kharitonov is hunting a Bellator championship. read news >>
An injury has forced Julia Budd to withdraw from her inaugural Bellator women's featherweight championship bout against Marloes Coenen at Bellator 155. read news >>
Rocked by the death of Jordan Parsons, his original Bellator 154 opponent, Adam Piccoletti has refocused on Ray Wood. read news >>
Phil Davis has a tough fight in King Mo Lawal ahead of him at Bellator 154 on Saturday night, but he can't help but shift his eyes towards the Bellator belt. read news >>
Bellator MMA will invade the SAP Center in San Jose, California, on Saturday night. "King Mo" Muhammad Lawal will battle Phil Davis in a pivotal light heavyweight matchup that is likely going to dete read news >>
Watch the official Bellator 154: Davis vs. King Mo weigh-in streaming live from San Jose, Calif. at 8 p.m. ET. read news >>
King Mo Lawal is happy as long as he's fighting and getting paid. Of course he wants a Bellator belt, but he's not overly picky about the weight class. read news >>
Top flyweight prospect Josh Paiva is looking to make an impression at Bellator 154, and blow the doors off the promotion's flyweight division. read news >>


text:
Auckland Easter show saved by record crowd
Numbers mushroom to 130,000MARIKA HILL
Relevant offers
A record-breaking crowd has resurrected Auckland's struggling Easter Show.
Free entry proved the winning ticket for more than 130,000 people who visited the five-day show at ASB Showgrounds.
The total crowd was up by 70,000, more than double the numbers who attended last year.
This included almost 38,000 people on Friday - the biggest crowd in the show's 171-year history.
The event was under pressure to perform this year after successive years of declining attendance.
Organisers say the boost in numbers returned the Coca-Cola Easter Show to its days of glory in the 1990s.
"We used to spend so much money on marketing to justify the gate charge - in the end it was a no-brainer - spend less on marketing and ticketing and make it a free to enter," ASB Showgrounds chief executive Mark Frankham said.
"It was a fantastic result."
Organisers had hoped to top 100,000 people, but they had beat that target by noon yesterday, Frankham said.
Adorable chicks, strong men and a farmyard of animals were on display.
Amusement rides and circus performers also featured during the weekend of entertainment.
Cyclone Ita almost proved disastrous for the Easter Show.
The doors closed on the show's opening morning due to wild weather, but people returned despite persistent rain showers.
Easter Show marketing and event manager Nicola Harris said the show would be free again next year as long as sponsors were on board.
"Auckland has really come out and shown they want the show and they are enjoying it," she said. "We're going to be carrying it on."
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text:
After deliberation and a rescinded motion, the Whitefish Bay Village Board on Monday voted, 5-2, to hold trick-or-treating from 4 to 6 p.m. Sunday, Oct. 30. Staff at Village Hall had recommended the motion.
Trustee Kevin Buckley had successfully led a move to change the festive event to the early evening hours on Monday, Oct. 31, on a 4-3 vote. But concerns were subsequently raised about potential conflicts with after-school activities, and the board reconsidered the motion, opting instead to follow through with the original recommendation.
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text:
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This R.J. Classics Essential Coat is a traditionally-styled, machine washable show coat. Made of a lightweight fabric for comfort, it has a classic three-button front, two front slant pockets, four-button vented sleeves and double-vented back panel.
Flattering and comfortable, the Tredstep™ Symphony Argenta Full-Seat Breech is complete with active motion features designed to support your free and fluid movement. An integrated sock and cuff allows for a smooth fit under your boots. Mid-rise styling with a high "V" back waistband.
In durable, lightweight, four-way stretch corded fabric, the Irideon® Cadence™ Full-Seat Breech offers muscle support and allows full range of motion. Constructed with seams that won't chafe, this full-seat ladies' riding breech features a Chamisoft™ seat and no-roll waistband.
This Riding Sport™ Madison Full-Seat Breech offers incredible comfort and style in four-way stretch cotton blend fabric. Contrast trim detail, a wide waistband and modified low rise keep the look fashionable. Sock style bottoms offer a sleek fit inside boots.
The Goode Rider™ Action Vest offers great comfort and style in lightweight tech fleece with quilted nylon panels. This riding vest has a slimming cut, two-way front zipper, pockets and zipper tape with reflective stripes.
The Kerrits® Hex Flex Quilted Jacket offers features that riders can truly appreciate. Slim lines create a streamlined silhouette and an elliptical back hem ensures full coverage. Breathable stretch panels allow freedom of motion, while wind-resistant quilted fabric at the core provides protection where it matters most. Exterior sheds hay and horsehair.
The Ultimate Compact Event Watch performs double-duty for cross-country riding and daily wear with its easy-to-read 5/8" LCD display. On the course, choose whether to count your time up or down, and listen for the beep when you reach your optimum time.
The Tredstep™ Symphony Rosa Knee-Patch Breech is inspired by the beauty and precision of symphony music, with active motion features that are designed to allow your full range of motion. Pant cuff allows for a smooth fit under your boots.
This Arista® Double-Vented Schooling Vest is so comfortable and flattering that it's destined to see lots of use. Beautifully shaped for riding, it's made of light, four-way stretch technical material that keeps you cool. Mesh inserts in key areas only add to you comfort. Two-way front zipper, two zippered pockets and Arista logo.
The Riding Sport™ 3-in-1 Jacket is sure to be your cold-weather favorite. Wear the outer shell as a raincoat, the inner jacket as a stylish lightweight coat all on its own, or put them together for a winter jacket that keeps you comfortable in the worst of wet and cold weather.
The amazing comfort and eye-catching details of this Tredstep™ Denim Full-Seat Breech offers a new level of fun to your daily schooling. In sandblasted, washed, four-way stretch denim, this ladies' jean breech features Tredstep's Motion Fit Design for freedom of movement. Striking accents and details will make you turn heads.
Tailored Sportsman's Fresh as a Daisy Belt is crafted from fashionable stamped suede for a distinctive look. A fun accessory for any occasion.


text:
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FRANK REAUGH (American, 1860-1945). Untitled (Herefords in a Landscape). Pastel on grit paper. 3-3/4 x 8-1/4 inches (9.5...Click the image to load the highest resolution version.
DescriptionFRANK REAUGH (American, 1860-1945)
Untitled (Herefords in a Landscape)
Pastel on grit paper
3-3/4 x 8-1/4 inches (9.5 x 21.0 cm)
The Pan-Handle Plains Historical Museum, Canyon, Texas;
The Estate of Frank Reaugh.
Lot accompanied by letter by Michael R. Grauer, Associate Director for Curatorial Affairs/Curator of Art, Panhandle-Plains Historical Museum, Canyon, Texas
Mr. Reaugh began painting Texas longhorns-or Texas cattle as he called them-not long after his family emigrated to Texas from Illinois in 1876. By the early 1880s, Texas cattlemen such as Charles Goodnight on the J A Ranch began crossbreeding longhorns with European cattle, especially British Durhams and Herefords. Eventually ranches from Texas to Montana began raising herds of European cattle.
Condition Report*:
Presents very well. Framed under glass. Minor pigment loss in the sky region; otherwise no apparent condition issues. Not examined outside of frame. Framed Dimensions 8.25 X 12.25 Inches
*Heritage Auctions strives to provide as much information as possible but encourages in-person inspection by bidders. Statements regarding the condition of objects are only for general guidance and should not be relied upon as complete statements of fact, and do not constitute a representation, warranty or assumption of liability by Heritage. Please note that we do not de-frame lots estimated at $1,000 or less and may not be able to provide additional details for lots valued under $500. All lots are sold "AS IS" under the Terms & Conditions of Auction.
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Reflections on the AACC meeting.
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Hi Fellow Trvlers,
My friend and I will be traveling in NZ for 20 days and are trying to figure out how much time we should spend where. I know, not easy. Any input on how much time we might spend in Rotorua and surrounds. Also, any recommendations for activities while we're there, like tours, museums, hot springs, walks, etc? Thank you! Karen
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I spent 2 nights in Rotorua 2 years ago. We spent the first afternoon there walking around Government Gardens and going to see St. Faith's Anglican church. The next day we went to Wai-O-Tapu and the Rotorua Museum in Government Gardens. I could have found enough to do for another day, but felt we had time enough there. We thought the Rotorua Museum (guided tour with a docent there and the theater show) to be very interesting.
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We spent a night in Rotorua in 2004. We attended the concert and hangi at Te Puia that evening, which was mildly touristy but still very interesting and entertaining.
The next morning we walked through Government Gardens, had breakfast, drove to St. Faith's, then went to Wai-o-Tapu on our way out of town to Tongariro National Park.
What all would you like to see and do while you're in New Zealand? If you'd like more ideas for the North Island, click on my name and you'll find my trip report. Keep in mind it's eight years old.
Lee Ann
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Thank you for your helpful input. We will most likely stay the 2 nights since there seems to be a lot to see and do. We are spending most of our trip on the south island.
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Go blackwater rafting in Rotorua. It was the highlight of our last trip there.
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these two are fantastic and not to be missed
At Rotorua Wainmangu valley is magical.
A helicopter trip to White Island..
How much time you spend depends on how many mud pools and mountains you want to see. We will be spending a week there next Easter, but will probably visit every volcanic site.
1-3 days you give you a very good idea considering that you have other places to go in your 20 days.
When we went in the 80s we spent 3 weeks in the South Island and 1 week on the North. That was good for an overview.
More recently we spent 10 days on the North Island and still didn't get to everything. Next Easter we are doing one week at Bay of Islands and one week at Rotorua.
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Blackwater rafting is in Waitomo, not Rotorua, but (if I recall correctly) it's not all that far away.
Lee Ann, not getting up to find my map right now
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Rotorua depends entirely on how adventurous you are. There are dozens of activities in Rotorua from four wheel drive excursions up Mt Tarawera, to jet boating and white water rafting but if you want to see that which is unique to the area then you will want to go to a thermal area. Wai-O-Tapu is my favourite, half way between Rotorua and Taupo, you need to get there by 10am to also see the geyser which is set off at 10.15am. Rainbow Springs is a lovely area and has kiwis and many native birds and flora. The Rotorua museum is for anyone interested in the early history of the area as it was opened up to tourists in the 1800's and also information about the eruption of Mt Tarawera in 1886. As it is situated in the old thermal bath houses, you can visit the rooms where people used to take the healing waters of the mineral springs. The building is quite beautiful and is in the lovely Government gardens, an easy walk from the central shopping area of Rotorua. A drive to the Blue and Green lakes will also take you to the Buried Village which was destroyed in the eruption and has many artefacts on display. The drive itself is a delight, about 25 minutes from Rotorua.
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12 Comments on "Honeywell's IAF Jaguar Re-Engine Competition Video"
6 years 11 months ago
to friends
this is all good,but again just like US doesn't want any other country to mount their radars or engines on their fighters same will happen with jaguar here,only rolls royce engine will be selected
so its better tho stay off american stuff and yes even this engine will be inspected by americans on site for sure like other hardware buy
2030 is too far and never know when american govt changes and their atitude toward india and stop spares and support
as "BHARAT HEAVY ELECTRCALS LIMITED" has ie ups with GE for gas turbines and BHEL can't export them
6 years 11 months ago
to friends when india upgrade their IL76 transport aircrafts they will not have PS 90A engines but instead all new "D30KP BURLAK" engines entering service in 2011 this new engine has larger diameter compared to older D30 engines The basis of this upgrading program is the use of the D-30KU/KP/KU-154 family unified core, as well as a new fan with wide chord blades and new low-pressure compressor. The application of a single-stage wide-chord blade fan instead of a three-stage LPC makes it possible to increase the air flow, the engine bypass ratio, the fuel burn and bring the engine ecological… Read more »
6 years 11 months ago
so considering that how many times rolls royce has inspected its engine on site and how many times americans will inspect their enngine which is bound to american laws
and the infrastucture already exixt for adour engine
6 years 11 months ago
what indian official said about "end user agreement" "We do not mind laws to govern sensitive technology transfers but they must not be intrusive in nature. Ideally, of course, we would not want to have EUMA at all. With other countries, we just give an undertaking," an Indian official said. "We would also like a standard EUMA text but our assets (military equipment bought from US) cannot be intrusively inspected without reason," he said. "Under the onsite inspection clause, they (US inspectors) should not enter our bases or go to our forward areas. They can instead look at our inventory… Read more »
6 years 11 months ago
this video says that this engine will power indian air force into future but my question is "uncertain future???????????"
6 years 11 months ago
Too much hotch-potch here….unlike before, when it used to be clean and simple…this blog is no longer what it used to be. I think I'll stop coming here
6 years 11 months ago
if western engines are so good then why jaguar need replacement of its engines
6 years 11 months ago
friends and shiv,
as claimed by honeywell F125IN increases the paylaod carried by
4400lbs or 2 tons
it means jaguar already carrying 4.5 ton paylaod can now carry almost 6.5 tons
but i don't believe this
but how many people believe this please give ur responses and if they have any technical knowledge about this please post that too
6 years 11 months ago
We need to open Jaguar line of manufacturing for next generation aircraft , due to we have 100 % tech of jag we can easily modify to next gen jets with powerfull engine & powerful weapons which is offered to india , and we easily stop the depletion in fighter sqn's .
6 years 9 months ago
This video is also available on Youtube (http://www.youtube.com/watch?v=rU_aPu2HiXg)
Just a heads-up, no need to publish this comment 😉
6 years 8 months ago
As a desi working as a researcher in GTEs in the west, the stark realisation is we Indians as technology followers cant rule the world unless technology is mastered. Asking for tech transfers doesnt help bcoz its a IP and IP has to be respected. As such no one in the west will give us their 'property'.Will you give your property to someone else? Even if it means reinventing the wheel, so be it at least we will then know how many spokes to put in the wheel. To do this this, we need manpower. The concept ' good students… Read more »
5 years 3 months ago
Says in wikipedia "Adour Mk 821 – Engine upgrade of Mk804 and Mk811 engines, currently under development, for Indian Air Force Jaguar aircraft


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Governor Cuomo Announces 900 Solar Projects Underway Through 26 Community Solarize Campaigns Across The State
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The Delaware Law Series
Challenges to Going-Private Mergers in New York
Jason M. Halper is a partner in the Securities Litigation & Regulatory Enforcement Practice Group at Orrick, Herrington & Sutcliffe LLP. This post is based on an Orrick publication by Mr. Halper, Richard V. Smith, and Gregory Beaman.
In a landmark decision on May 5, 2016, the New York Court of Appeals held that challenges to going-private mergers where there is a controlling stockholder must be reviewed under the deferential business judgment rule rather than the more exacting "entire fairness" standard of review, as long as certain protections for minority stockholders are in place from the time the transaction is proposed. See In the Matter of Kenneth Cole Productions, Inc., S'holder Litig.,—N.E.3d—, 2016 WL 2350133 (N.Y. 2016). In so holding, New York's highest court adopted the same standard of review announced by the Delaware Supreme Court in Kahn v. M&F Worldwide Corp., 88 A.3d 635, 648-49 (Del. 2014).
New York now joins Delaware in its view that going-private mergers with a controlling stockholder will be insulated from "entire fairness" review as long as the transaction is, at the time an offer is first made, conditioned on approval by (1) a truly independent and empowered special committee, and (2) an informed majority of the minority stockholders.
Divided Loyalties? The Role of Defense Litigation Counsel in Shareholder M&A Litigation
C. N. V. Krishnan is Professor of Banking and Finance at Case Western Reserve University. This post is based on a recent paper by Professor Krishnan; Randall Thomas, Vanderbilt University; and Steven Davidoff Solomon, University of California Berkeley School of Law.
In our paper Divided Loyalties? The Role of Defense Litigation Counsel in Shareholder M&A Litigation, we examine the role of defense litigation counsel in merger and acquisitions (M&A) litigation. We theorize that defense litigation counsel may have two possibly conflicting roles in this litigation. First, defense litigation counsel will aim to defend the target company and its directors from claims that the directors breached their fiduciary duties to the target's shareholders. Second, counsel will seek to ensure that the negotiated transaction is not enjoined, or otherwise halted by shareholders, and that in the absence of competing bidders, the transaction completes on its initial terms and price. These two goals may conflict as defense litigation counsel seeks to settle potentially worthy claims quickly and cheaply in order to ensure deal completion.
Equity in LLC Law?
Mohsen Manesh is Associate Professor at University of Oregon School of Law. This post is based on a recent paper authored by Mr. Manesh. This post is part of the Delaware law series; links to other posts in the series are available here.
To what extent does equity play a role in limited liability company ("LLC") law? To what extent do courts retain the judicial discretion "to do right and justice" [1] in circumstances in which the LLC statute and the applicable LLC agreement do not otherwise offer an adequate remedy to an aggrieved LLC member or manager?
This question is particularly relevant in Delaware, which plays an outsized role in LLC law due to its status as the leading legal haven for LLCs. Unlike many other states' statutes, Delaware's LLC statute purports to "give maximum effect to the principle of freedom of contract and to the enforceability of [LLC] agreements." [2] Exercising this freedom of contract, LLC parties routinely agree to limit or wholly eliminate fiduciary duties, the judge-made duties that courts have traditionally applied to ensure equity in business associations. And in deference to the LLC statute, Delaware courts have found themselves robotically enforcing these agreements, without ever seriously questioning whether such enforcement is fair, reasonable, or just given the circumstances. Thus, until recently at least, based on statute and precedent, the role of equity in LLCs seemed clear: Equity is subordinate to the freedom of contract and the express terms of the agreement governing an LLC.
Intersection of Deal-Related Indemnification and D&O Advancement
Daniel Wolf is a partner focusing on mergers and acquisitions at Kirkland & Ellis LLP. The following post is based on a Kirkland memorandum by Mr. Wolf. This post is part of the Delaware law series; links to other posts in the series are available here.
A recent Delaware case highlights potentially unexpected results from the intersection of provisions in a private company purchase agreement relating to advancement of D&O legal expenses and indemnification of a buyer for seller breaches.
Purchase agreements in many private company transactions contain some form of two seemingly unrelated provisions: (1) an agreement by the sellers to indemnify the buyer for certain losses arising out of breaches of representations and warranties made by the sellers and (2) an agreement by the buyer to maintain or assume the rights of former directors and officers of the target contained in the target's organizational documents to indemnification and advancement of expenses for actions taken prior to closing.
Corporate Litigation and Non-Reliance Provisions
Joseph M. McLaughlin is a partner and Yafit Cohn is an associate at Simpson Thacher & Bartlett LLP. This post is based on a Simpson Thacher memorandum by Mr. McLaughlin and Ms. Cohn. This article appeared in the April 14, 2016 edition of the New York Law Journal. This post is part of the Delaware law series; links to other posts in the series are available here.
This month we continue our discussion of contractual non-reliance provisions. Under Delaware law, a prima facie claim for fraudulent misrepresentation requires the plaintiff to plead facts supporting an inference that, among other things, the plaintiff acted in justifiable reliance on the misrepresentation. In the context of private mergers and acquisitions, a buyer bringing a post-transaction fraud claim against the seller may be precluded from claiming reasonable reliance on any representations made by the seller outside the four corners of the contract if the agreement contained a clear "non-reliance provision."
Such a provision, which is often included in acquisition agreements in private transactions, amounts to a representation by the buyer that it has made its investment decisions based on its own knowledge and independent investigation—without regard to anything the seller has said or not said—and/or that the buyer only relied on the specific representations contained in the parties' definitive agreement.
Reforming the Delaware Law to Address Appraisal Arbitrage
Wei Jiang is Arthur F. Burns Professor of Free and Competitive Enterprise at Columbia Business School. This post is based on an article authored by Professor Jiang; Tao Li, Assistant Professor of Finance at Warwick Business School; Danqing Mei, Ph.D. candidate in Finance at Columbia Business School; and Randall S. Thomas, John S. Beasley II Professor of Law and Business at Vanderbilt Law School and Owen Graduate School of Management. This post is part of the Delaware law series; links to other posts in the series are available here.
The number of appraisal petitions has increased from a trickle of cases in early 2000s to over 20 a year in recent years, or close to one-quarter of all transactions where appraisal is possible, or appraisal eligible deals. After years of being infrequently deployed and largely overshadowed by shareholder class actions in Delaware and other states, the contours of the appraisal remedy are suddenly front page news as some Wall Street law firms seek to cut back on appraisal arbitrage filings. These firms are petitioning the Council of the Corporate Law Section of the Delaware State Bar Association (the "Council") and the Delaware legislature to raise the bar for shareholders eligibility to file appraisal petitions and to make its terms less attractive in an effort to curb what they perceive to be a new form of strike suit. Echoing this view, Delaware Vice Chancellor Sam Glasscock III commented in Merion Capital v. BMC Software, Inc. (2015) that dissenters of valuation were "arbitrageurs who bought, not into an ongoing concern, but instead into this lawsuit." Shareholder advocates, on the other hand, are arguing in favor of expanding the appraisal remedy in order to fill perceived gaps in investor protection that are alleged to have surfaced as Delaware and other states have cut back on judicial protections for minority shareholders in change-of-control transactions.
Defenses Available to Directors and Financial Advisors
Ethan A. Klingsberg and Meredith E. Kotler are partners in the New York office of Cleary Gottlieb Steen & Hamilton LLP. This post is based on a Cleary Gottlieb publication by Mr. Klingsberg, Ms. Kotler, and Darryl G. Stein. This post is part of the Delaware law series; links to other posts in the series are available here.
On May 6, the Delaware Supreme Court issued an Order that sets forth concisely the contours of the defendant-favorable standards for determining liability of directors and their advisors following the closing of sales of control of companies. These standards are available, however, only following an uncoerced and informed approval of the sale by the target stockholders, including a majority of the disinterested holders. Thus, while the Order clarifies a roadmap (set forth recently in Corwin v. KKR and discussed here) for obtaining easy dismissal of post-merger damages claims against directors and advisors, the need for directors and their advisors to avoid, or at least ferret out and disclose, any deficiencies in sales processes remains as strong as ever. Only if these deficiencies are avoided or uncovered and disclosed in advance of the shareholder approval will the lower courts be able to rely on these defendant-favorable standards to dismiss claims.
Responding to Shareholder Directives to Directors
Donald C. Ross is of counsel at Covington & Burling LLP. This post is based on a Covington publication authored by Mr. Ross. This post is part of the Delaware law series; links to other posts in the series are available here. Related research from the Program on Corporate Governance includes The Long-Term Effects of Hedge Fund Activism by Lucian Bebchuk, Alon Brav, and Wei Jiang (discussed on the Forum here), The Myth that Insulating Boards Serves Long-Term Value by Lucian Bebchuk (discussed on the Forum here), and Can We Do Better by Ordinary Investors? A Pragmatic Reaction to the Dueling Ideological Mythologists of Corporate Law and Securing Our Nation's Economic Future: A Sensible, Nonpartisan Agenda to Increase Long-Term Investment and Job Creation in the United States, both by Chief Justice Leo E. Strine (discussed on the Forum here and here).
Shareholder activism, that seeks short-term gain for corporate shareholders, and the response to it by some long term investors, that seek long-term growth in corporate profitability, is creating inconsistent shareholder directives to directors of public companies. At the same time under Delaware corporate law the selection of a time frame for the achievement of corporate goals is a decision of the directors which may not be delegated to the shareholders. This post addresses how directors may seek to resolve these conflicting considerations.
In re Kenneth Cole: Business Judgment Review of Controlling Stockholder Mergers
William Savitt is a partner in the Litigation Department of Wachtell, Lipton, Rosen & Katz. This post is based on a Wachtell Lipton firm memorandum by Mr. Savitt and Ryan A. McLeod.
[On May 5, 2016,] the New York Court of Appeals held that business judgment review is available in the context of going-private mergers of controlled companies. In re Kenneth Cole Prods., Inc. S'holder Litig. , No. 54 (N.Y. May 5, 2016). The decision adopts the same standards set forth by the Delaware Supreme Court in its MFW opinion and affirms dismissal of a stockholder suit.
The case concerned a merger transaction between Kenneth Cole Productions, Inc. and its controlling stockholder, Kenneth Cole. In February 2012, Cole informed the board of directors that he wished to take the company private. The board appointed a special committee of independent directors. Cole thereafter made an offer conditioned on the approval of both that independent committee and the vote of the majority of the minority stockholders. Following months of negotiation, the special committee approved the merger and some 99% of the minority stockholders voted in favor of it. Multiple stockholder class action lawsuits challenging the transaction were nevertheless filed. The trial court dismissed these actions, reasoning that the complaints failed to impugn the independence of the special committee, and the appellate division affirmed. On appeal to New York's highest court, plaintiffs argued that all controlled company go-private mergers should be subject to "entire fairness" review.


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Gohmert: Iraq Had WMD, 'Rumors' They Moved Stockpile To Syria
Discussing the Syria crisis yesterday, Rep. Louie Gohmert (R-TX) insisted that Iraq had weapons of mass destruction, even though the government's Iraq Survey Group found that the country did not possess such weapons or the capability of producing them. "Yes, we knew that Saddam Hussein had weapons of mass destruction," Gohmert said on Washington Watch, citing Saddam Hussein's 1988 gas attack against Kurds in Halabja.
"There were rumors about them moving over into Syria and other countries but they never were able to verify where they went but we knew he had them," the congressman charged, referring to false claims that Iraq moved its weapons to Syria. "There was talk about nuclear arms, but we knew he had those and now we know Syria has them."
The ISG report confirmed that Iraq also had no nuclear program.
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Will.i.am shares the power
The multimillion-selling pop phenomenon will.i.am made a special appearance for the Hallensteins Brothers Ultimate After Party, where he took time to share some of his will power.
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Comments about 'Mitt Romney seeks extended deadline for military and overseas voters'
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What a nice olive branch to extend to the "victims" of the 47% he speaks so un-highly of.
- 2:48 p.m. Oct. 2, 2012
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I agree with Mr. Romney on this position 100% (the first time in this election cycle) and to show his concern for ALL American voters, I wish he would send letters to Florida and Pennsylvania to ask them to reconsider their voter suppression polices. If he did that then he truly would be looking out for all Americans, not just a group he thinks will vote his way in battleground states.
- 3:04 p.m. Oct. 2, 2012
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Mitt is playing games again. The ballots have all been mailed, according to the
article. The voters have over a month to receive them, fill them out, and get
them mailed back. that's plenty of time to process them -- I don't
see why any type of extension is necesesary.
I also think Fred44 is right -- if Mitt is so concerned about people voting, the voter suppression policies now rampant in the country should be reconsidered. Kudos to the Pennsylvania court for blocking Pennsylvania's attempt, as the Governor said, to use voter suppression to deliver the state to Romney. By how he handles the attempt to keep eligible voters from voting, we will see whether Romney wants all eligible voters to be able to vote, or just those who are likely to vote for him. Somehow, given Mitt's predelictions, I think the answer is clear -- he wants only those to vote who are likely to vote for him. Business as usual for Mitt.
- 6:45 a.m. Oct. 3, 2012
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Two thirds of our school children qualify for free or reduced lunches.
Because of a "conflict of interest", people on the dole should not vote.
Let those protecting the country have voting priority. --Smart thinking Mitt! Very American.
- 8:29 a.m. Oct. 3, 2012
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To worf 8:29 a.m. Oct. 3, 2012
So you are talking about establishing Animal Farm in the United States -- all citizens are equal but some are more equal than others. That is NOT the USA I know and love.
While we're talking about people having a "conflict of interest" and therefore should not vote -- don't forget to include others who have a conflict of interest -- military personnel, people who receive subsidies (oil company personnel, banking interests, venture capital executives, and myriad others who benefit in some way from decisions made by Congress and other levels of government. If you eliminate everyone who arguably has a conflict of interest, there would be nobody left to vote.
The best way to handle this issue is to make sure that everyone plays by the same rules. No priority for anyone.
- 2:01 p.m. Oct. 3, 2012
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My neigbor is more equal than I am. They qualify for benefits I don't.
It's like school. Everybody has the same chances to be honor roll students. Some by their own efforts don't make it. Can't go blaming the honor roll kids for their lower grades. Should a teacher take points from the honor roll students and give it to the others?
If a class president was running for student body president, and promising equal grades for all,--who would the lower grade students vote for?
Conflict of interest! Sorry, but we can all find success in this country.
- 3:05 p.m. Oct. 3, 2012
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Overall ad spending next year is expected to see moderate growth, but online and mobile advertising should see a sizable increase, according to the latest forecast from Borrell Associates.
The projection, part of the company's "2011 Online Ad Spend Forecast by DMA," predicts advertisers will increase spending by less than 5 percent next year compared to 2010, boosting total U.S. ad spending to $238.6 billion.
Online ad spending, however, is expected to be the real standout, turning in growth of 14 percent and increasing from $45.6 billion this year to $51.9 billion in 2011. Local online ads are expected to register growth of nearly 18 percent, reaching $16.1 billion next year. Overall local ads, targeted online ads and ads associated with social media will see the fastest growth, the company said.
Borrell Associates forecasts targeted display ads, such as banner advertising, will grow nearly 60 percent in 2011 to $10.9 billion for national and local online advertising combined.
The report predicts advertisers local to the markets where their ads run will double their targeted displays advertising next year, spending more than $2.3 billion. However, the popularity of run-of-site display ads will decline, accounting for a 14 percent decline for the 2010 level.
Another high growth area is streaming video ads. The company forecasts streaming video ads to grow more than 60 percent to $5.6 billion in 2011. Driven in large part by affordable, do-it-yourself tools to create streaming video ads, this category will see two out of every five ad dollars spent on streaming video coming from local advertisers, Borrell Associates said.
The report also forecasts growth in mobile marketing, with 20 percent of every dollar spent on online advertising being devoted to mobile.
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Barcelona returned to winning ways in La Liga with a 3-0 thumping of Malaga that saw them move back to the top of the league.
The Catalan giants dropped to third in the table after Atletico Madrid and Real Madrid won earlier in the weekend, but reclaimed their place at the summit with a thoroughly convincing performance on Sunday.
After consecutive La Liga draws against Atletico and Levante – the first time Barca went two league games without winning since May 2011 – Gerardo Martino's side dominated the first half and took the lead through Gerard Pique in the 40th minute, his second goal in as many matches.
Barca would have led by more if it were not for the brilliance of Malaga goalkeeper Willy Caballero, but goals from Pedro and Alexis Sanchez in the first 20 minutes of the second half sealed the result.
Lionel Messi did not score, as his league scoring drought extended to 120 days, but new president Josep Maria Bartomeu, watching from the stands, would not have minded as Barca dominated from start to finish.
Barcelona were again without Andres Iniesta (left knee) and Neymar (ankle), but that did not stop the defending champions, who were denied by the woodwork in the sixth minute when Alexis' clipped effort hit the left post.
Duda forced Barcelona goalkeeper Victor Valdes into a diving save with a curling free-kick but the hosts were dominating, and only a sloppy first touch robbed Messi of a goal, as he lobbed wide, before Caballero clawed away a Dani Alves shot from a tight angle.
Caballero then kept out Jordi Alba and Flavio Pereira cleared Pedro's goalbound header, and while Valdes had to react quickly to keep out Marcos Angeleri's header, the chances kept coming for Martino's men.
Alba flicked onto the roof of the net before Pique finally broke the deadlock, as Xavi's corner was flicked on by Alexis, allowing the defender to chest down and power his shot past Caballero.
The goalkeeper denied Cesc Fabregas on the stroke of half-time and Alba made an important clearance after the break, restricting Bartlomiej Pawlowski a free shot on goal following Vitorino Antunes' cross.
Alexis and Fabregas were frustrated by Caballero again before Pique nodded a Xavi corner onto the post. But Pedro killed the game off in the 55th minute when he showed great skill before curling past Caballero with his right foot.
Duda's long-distance effort forced Valdes to scramble back, but a terrific Messi run led to Barca's third, as Pedro unselfishly squared for Alexis to tap in at the far post just after the hour mark.
Messi had a free-kick narrowly go over, as his search for a league goal continued, while Caballero saved superbly to keep out Fabregas in the dying stages, but three goals were more than enough for Barcelona.
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Air filtration product manufacturer Camfil APC has announced the release of a new dust collector filter.
Camfil Air Pollution Control (APC) has designed a web-based system for dust collection diagnostics.
Ads on TV may lead you to equate breathing disorders such as chronic obstructive pulmonary disease (COPD) to smoking alone.
Sponsored by Absolute Equipment; ADI; ARS; Clemco; DRYCO; Jetstream; Rapid Prep; The Warehouse; Sunbelt Rentals
Sometimes purchasing large and even small specialty equip...
The PaintSquare Pro Video Series: A collection of technical presentations hosted by PaintSquare.com in cooperation with SSPC
A collection of archived webinars hosted by PaintSquare.com focused on coatings application.
A collection of archived webinars hosted by PaintSquare.com focused on coatings technology and their applications.
ARS RECYCLING SYSTEMS, LLC specializes in the design and manufacture of abrasive blasting, vacuuming, recycling and dust control equipment.
Profession Overspray Removal Services
The Finest Name in Safe Overspray Removal. We specialize in removing all contaminants from any surface. Family Owned and Operated for 33 years! Fully insured. Satisfaction is guaranteed.
Novatek Corporation, Dustless Coatings Removal
Strip, clean and profile all dust free!
Comply with new lead standards.
Contact today: (866) 563-7800
Safety, Productivity, Quality. Robotic Blasting
Learn how this simple to use, field deployed, automatic robot is eliminating hazards in major confined, cluttered and complex surface preparation projects.
Polyurea & Polyurethane Spray Foam Training
SPI is committed to industry leading technical training for polyurea & polyurethane spray foam professionals. Attendees receive hands-on, in-depth training for using and troubleshooting plural-component equipment, spray guns, machine hoses & parts.
What keeps contractors one layer ahead when finishing their projects?
The answer: Pasquick®. Thanks to Pasquick®, one layer of coating is saved – resulting in faster workflows and earlier project finishing. Learn more.
Register for AWWA's ACE16 Today!
Overspray Removal
We offer professional, turnkey
service and unparalleled quality!
Our process can save hundreds—
even thousands of dollars.
It's fast, environmentally safe
and 100% guaranteed.
Free Webinar
Learn about soluble salts, along with a discussion on
allowable levels.
More information at www.chlor-rid.com,800-422-3217
Custom blast rooms by SAFE Systems
Don't waste time and money "making do" with a "standard" design. Let us work with you to design and build the system that best fits your requirements. Call 1-800-634-7278
Our HoldTight®102 salt remover & flash rust preventer prevents flash rust by removing surface contaminants. It has no equal; only wannabees. Contact us for your
nearest distributor. (800) 319.8802 email@example.com
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Coating Application Tools & Supplies
Visit our "Where to Buy" site to find a
local paint or tool supplier near you.
Click here for a chance to win $500 of
Tools & Supplies. 1(844)739-6687 email@example.com
The Sidewinder Model M2 Solvent Recycler
Combat the rising cost of gunwash, thinners, acetone & more while drastically reducing waste disposal coat.
PosiTector Inspection Kits
PosiTector 6000 Coating Thickness Gage easily
converts to a surface profile gage, dew point meter or
ultrasonic wall thickness gage with a simple probe change
KTA Analyzes Coating Failures
• Field Diagnosis
• Lab Diagnosis
• Determination of Cause
• Recommendations
Call 1-800-245-6379
Superior Suspended Access with QuikDeck®
Get improved platform stability with QuikDeck®. Open workspace designed for fast installation and safety. Easily moved to reduce cost. Safe to the environment.
Modern Safety Techniques
See our Low Temperature Catalyst for your CO removal needs. Help to provide your
workers with safe, comfortable breathing air!
New resins from BASF will have metals loving water:
Excellent corrosion resistance, low VOC, high gloss, thin films basf.us/industrialcoatings
DH Tech has the most innovative and
reliable equipment available to control
humidity efficiently and effectively.
Fireproofing Solutions
Pyroclad® X1 Thermo-Lag® Pyrocrete® – protecting against hydrocarbon and jet fires, explosions, and cryogenic spills.
Work Cleaner and Safer
CS Unitec's new ATEX Vibro-Lo™ Kits feature low-vibration scalers for use in hazardous environments. Kit includes dust shroud, CuBe needles, fall arrestor and lanyard.
The Technology Publishing Network
© Copyright 2000-2016,
Technology Publishing / PaintSquare, All rights reserved
2100 Wharton Street, Suite 310, Pittsburgh PA 15203-1951; Tel 1-412-431-8300; Fax 1-412-431-5428;
E-mail firstname.lastname@example.com


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