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Today were reported First Trust Large Cap Value Opp Fnd(ETF) (NASDAQ:FTA)'s daily net flows. The ETF registered $-145.68M asset outflows for -15.25% decrease, reaching $809.83M after yestarday's trading session. The chart of First Trust Large Cap Value Opp Fnd(ETF) shows negative short-term setup. In the net flows calculation is not included the performance of the etf but only share redemptions (outflows) and share purchases (inflows). Net outflows leads to less cash for managers to invest, which theoretically decreases demand for the etf's holdings. The ETF increased 0.45% or $0.19 on October 10, hitting $42.88. First Trust Large Cap Value Opp Fnd(ETF) (NASDAQ:FTA) has risen 9.36% since March 8, 2016 and is uptrending. It has outperformed by 0.04% the S&P500.
The ETF's YTD performance is 12.18%, the 1 year is 14.94% and the 3 year is 7.02%.
The ETF's average P/E ratio is 13.32, the price to book is 1.47, the price to sales is 0.92 and the price to cashflow is 4.71. First Trust Large Cap Value Opp Fnd(ETF) is in the ETF category: , is part of the fund family and currently has $ net assets. It was started on 1/1/0001. The fund's top holdings are: American Airlines Group Inc. for 1.08% of assets, Micron Technology Inc. for 1.08%, Hewlett Packard Enterprise Comp for 1.07%, United Continental Holdings for 1.06%, Best Buy Co. Inc. Common Stock for 1.04%, Sprint Corporation Common Stock for 1.00%, BorgWarner Inc. Common Stock for 0.99%, Lear Corporation Common Stock for 0.99%, Fifth Third Bancorp for 0.98%, Intel Corporation for 0.97%. The ETF sector weights are: Basic Materials 3.06%, Consumer Cyclical 17.26%, Financial Services 28.38%, Realestate 0.66%, Consumer Defensive 3.93%, Healthcare 4.09%, Utilities 8.41%, Communication Services 3.74%, Energy 6.87%, Industrials 12.21%, Technology 11.38%. The ETF currently as 0% yield.
More recent First Trust Large Cap Value Opp Fnd(ETF) (NASDAQ:FTA) news were published by: Etftrends.com which released: "WisdomTree Adds Four ETFs to Mexico Listings" on January 26, 2015. Also Businesswire.com published the news titled: "First Trust Extends its Latin American Reach Via Chile's Pension Funds" on March 17, 2015. Etftrends.com's news article titled: "Cyber Security ETF Lists in Mexico" with publication date: April 29, 2015 was also an interesting one.
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- Description
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Yellow 50cm PVC cleaning cone, displaying the message "Floor cleaning in progress". Light yet durable and bright enough to be spotted from afar, this cleaning cone is an essential for any cleaning kit addition.
Feature Value Case Quantity 1 Material PVC Dimensions 50cm Dimensions (L) x (W) x (H) 500 mm Colour Yellow
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Overview: The Americans with Disabilities Act (ADA) requires that employers provide reasonable accommodations to qualified individuals with disabilities, unless doing so would cause an undue hardship on the employer's business.
An employer's duty to make reasonable accommodations extends to all employment decisions, and it applies to job applicants and full- and part-time employees. Examples of accommodations include:
There are times when an employer may be excused from providing an accommodation. However, each accommodation request is fact-specific and the reasonableness of an accommodation should be considered on a case-by-case basis.
Employers should opt to work something out when an employee requests an accommodation due to a disability. An employer that meets with an employee and discusses accommodation possibilities (i.e., engages in the interactive process) will be in a much better position if it is sued for failure to accommodate.
Trends: The Equal Employment Opportunity Commission (EEOC) has entered into multi-million dollar settlements with employers that inflexibly and universally apply a leave limit policy (such as no-fault attendance policies) without looking at the reasonable accommodation requirements of the ADA.
An employer that has a leave policy that calls for the automatic termination of employees who exhaust a specified period of available time off is looking for trouble from the EEOC. The EEOC expects to issue revised guidance on the topic of reasonable accommodations and leaves of absence under the ADA soon.
The federal courts have been reviewing whether an employer must, as a reasonable accommodation, pass over a more qualified individual, and assign an employee with a disability to a vacant job position (so long as the employee with a disability meets the minimum qualifications for the job) unless the employer can show that it would be an undue hardship to do so.
The Supreme Court has not addressed this issue so employers will need to be guided by the law in the state in which their business operates.
Author: Melissa S. Burdorf, JD, Legal Editor
Enhanced to improve the comprehensiveness, organization and scope of coverage.
Updated to incorporate the medical marijuana law, effective September 6, 2016.
Updated guidance to reflect EEOC guidance on employer-provided leaves of absence as a reasonable accommodation under the ADA.
A Pregnancy Accommodation handbook statement has been added to the Colorado employee handbook as a result of a new law requiring employers to provide reasonable accommodations to employees and applicants for health conditions related to pregnancy or recovery from childbirth, effective August 10, 2016.
Updated to incorporate amendments to the law on service animals in public accommodations, effective July 29, 2016.
Updated to incorporate regulations clarifying the Pregnant Workers' Fairness Act, effective July 20, 2016.
Updated policy and guidance to reflect new rules on reasonable accommodations under the Pregnant Workers' Fairness Act, effective July 20, 2016.
Updated to reflect new regulations prohibiting discrimination against an individual because of his or her association with an individual with a disability.
This resource has been updated to include information on a recent court ruling regarding reasonable accommodations for an employee associated with an individual with a disability.
Employer considerations once an employee or applicant requests a reasonable accommodation. ADA help for the HR professional.


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Calendula Seeds - Sunset Bluff Calendula officinalis double
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Calendula Seeds - Sunset Bluff
In beautiful sunset hues, its easy to see how this stunning variety got its name. Big, double blooms offer bicolored petals in a creamy apricot with red on the reverse. Truly a treat in your garden bed, or container!
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The Mad Titan returns in his own series. Lemire and Deodato begin the next stage in his story.
Batman's current situation keeps getting worse and worse.
Riri Williams gets ready for her own armored adventures.
Character »
Jocasta appears in 374 issues.
The Avengers
Iron Man
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Miedo Encarnado: Primera Línea
Fear Itself: The Home Front
Korvac Saga
Los Poderosos Vengadores
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Official Handbook of the Marvel Universe A to Z
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Projekt X / X-Men
Vengadores Mundiales
Avengers World
Die offizielle Marvel-Comic-Sammlung
Iron Man: Bad Blood
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January 21, 2009
UNITED STATES OF AMERICA, PLAINTIFF,v.SHANNONJON BENTON, DEFENDANT.
Introduction and Summary
Defendant seeks to suppress the fruits of a search incident to arrest at a VA facility, a search which revealed a knife whose blade was in excess of three inches, and marijuana. Defendant was charged with these possession offenses, each with a six month incarceration maximum in an information filed September 9, 2008.*fn1 For the reasons given herein, the motion is denied.
The facts of the case are not in serious dispute. Defendant came onto the Mather VA medical facility in her truck to pick up a prescription. She was accompanied by a Mr. Hwa who had also brought his dog along for the ride. The truck came to the attention of VA law enforcement because of the dog's presence, which itself is a violation of VA regulations, 38 CFR 1.218(a)(11), unless the dog is present to aid a blind owner. No allegation is made here that such was the situation with Mr. Hwa's dog. There can be no dispute under the facts that probable cause existed to believe that defendant, along with Hwa, had brought the dog onto the VA facility in her truck.
Officer Molitor caused a page to be made in the medical facility for Ms. Benton on account of the dog problem, and she returned to the truck. The officers permitted defendant to go back into the facility to retrieve her prescription, but just afterwards another officer (Schuman) walked around the truck and peered inside. He discovered what appeared to be a glass pipe in the form of a cigarette, one which the officer suspicioned was used to smoke illegal substances. Officer Schuman entered the truck and retrieved the pipe at which time the Officer believed he smelled marijuana. There was a residue in the pipe which the officers believed to be marijuana residue (although there has been no testing confirmation of this fact known to the undersigned). Hwa was asked to whom the pipe belonged, and after initially casting the ownership on defendant, Hwa thought better of this remark, and confessed to owning the pipe himself. Hwa was arrested at this point for introduction of a controlled substance (marijuana residue) onto the VA facility. At this time, a complete search of the truck was performed, revealing no contraband, but only the existence of clear plastic baggies in which no illegal substances or residue were found.
More officers appeared on the scene by this time, and Officers Keller and Speer were instructed to enter the hospital and arrest defendant for "possession of paraphernalia."*fn2 The officers did as directed, and after bringing defendant back to her car, incident to that arrest, searched Benton's purse which turned up another glass pipe as well as marijuana and a knife whose blade exceeded three inches. At the time of the search, the purse was in Benton's possession. Defendant was handcuffed and placed for a short time in an officer's patrol car. Despite discovering that defendant was driving with a suspended license and did not have accident insurance, defendant was only cited for the marijuana/knife and then released. It is unknown whether defendant was permitted to drive off the facility despite her suspended license.
Well established now is the proposition that a search incident to arrest is lawful. United States v. Robinson, 414 U.S. 218, 94 S.Ct. 467 (1973). Both a search of the person and, within certain parameters, the search of an area proximate to the person is permitted. If an arrest is made, the relative minor nature of the crime does not contract the right to search incident to arrest. Id. at 234-235, 94 S.Ct. at 476. Nor can it be said that a person may not be arrested for minor crimes as opposed to merely cited. Atwater v. City of Lago Vista, 532 U.S. 318, 121 S.Ct. 1536 (2001). Two equally applicable rationales exist to support the right to search incident to arrest -- the potential for weapons on the person (exactly what was found in this case) and the need to preserve evidence which may be on the person. Robinson, 414 U.S. at 234, 94 S.Ct. at 476. A bag or purse being held by an arrestee is clearly subject to search incident to arrest. See United States v. Burnette, 698 F.2d 1038, 1049 (9th Cir. 1983); United States v. Gallop, 606 F.2d 836, 838 (9th Cir. 1979).
Thus, up to now, the seizure of defendant's purse and discovery of the marijuana and knife is rather unremarkable as a search incident to arrest. However, defendant focuses her suppression efforts on the alleged illegal searches of the car, and the asserted, resultant lack of probable cause to arrest defendant. The court need not focus on the initial search of the car since it agrees with defendant's later argument that once Hwa admitted ownership of the pipe and was arrested for it, probable cause to arrest defendant for drug possession was lacking.
The government argues that Hwa's initial equivocation on ownership of the pipe authorized a lingering belief on the part of the officers that defendant may have owned the pipe, and therefore possessed drugs on her person. Not only is this disproven from a subjective standpoint -- the officers believed Hwa's later ownership assertion and arrested him, but it is lacking from an objective standpoint. First, the government's argument is belied by the facts wherein even the officers on the scene were not instructed to arrest defendant for possession of controlled substances. Rather, the officers were (mistakenly) instructed to arrest the defendant for "possession of paraphernalia."*fn3
But more importantly, even if the instructing officer meant to say -- arrest defendant for possession of a controlled substance on account of the residue in the pipe -- a reasonable officer on the scene would have no reason to believe, based on the facts before him, that there was a joint ownership of the pipe. Hwa never intimated as such, first saying that defendant had sole ownership, and then admitting his sole ownership. The government's argument that the officers were permitted to conjure up a joint ownership/possession theory of the pipe is simply not objectively reasonable. While a suspicion of such might have been justified, one cannot say that there was probable cause to believe that defendant at any time had drugs in her possession, residue or otherwise, based on a repudiated assertion by Hwa that defendant owned the pipe, and the relatively slight evidence of drugs found in the truck (lingering marijuana smell and residue in the pipe only).
However, this does not end the search issue; rather, the fact that the VA officers could have arrested defendant for bringing a dog onto VA property eviscerates any finding that defendant's search incident to arrest was unlawful because probable cause was lacking for the stated cause of arrest.*fn4
Defendant might argue that the officers who arrested defendant did not arrest her for bringing a dog onto VA property, and they would be correct in this factual assertion. However, so long as a valid basis to arrest defendant existed, the subjective beliefs of the officers as to why they were arresting defendant became inconsequential. Devenpeck v. Alford, 543 U.S. 146, 125 S.Ct. 588 (2004). See also Tatum v. City and County of San Francisco, 441 F.3d 1090, 1094 (9th Cir. 2006): "(See Devenpeck v. Alford, 543 U.S. 146, 153, 125 S.Ct. 588, 160 L.Ed.2d 537 (2004) ('[a police officer's] subjective reason for making the arrest need not be the criminal offense as to which the known facts provide probable cause'. Under Devenpeck, the subjective reason that Officer Smith arrested Fullard is irrelevant so long as the available facts suggested that Fullard was committing a crime."). Here, there can be no doubt that defendant had committed the dog offense proscribed by the VA regulation.
One further point need be explored, and that is the ambiguous nature of the dog offense as a "crime." The VA regulations plainly prohibit persons from bringing non-seeing eye dogs onto a VA facility. 38 CFR 1.218(a)(11). Further there is no doubt that such conduct subjects the person(s) bringing the dog onto the VA facility to be "arrested and removed." 38 CFR 1.218(b). The remainder of section (b) of the regulation in proscribing dog possession as a crime is less than clear in that the specific criminal penalties set forth for the laundry list of prohibited specific conduct does not directly or indirectly implicate dog possession. In all likelihood, although arrest and removal for dog possession is authorized, no criminal penalties could be assessed.
However, because no contention is made that the VA regulation permitting "arrest and removal" (without more) is invalid, the undersigned has determined that the possible lack of criminal penalties for dog possession does not detract from the need to search incident to arrest. And, a close reading of the "incident to arrest" cases, such as Robinson, supra, indicates that the "safety to the officer" rationale for allowing the search incident to arrest would stand as forcefully in the "arrest and remove" context as it does in the "arrest and prosecute" context. Indeed, safety may be the primary rationale. Nothing in Robinsonindicates that the preservation of evidence rationale must co-exist with the safety to officer rationale.
For the foregoing reasons, defendant's motion to suppress (Docket # 6) is denied. A status conference is set in this case before the undersigned for February 9, 2009 at 9:00 a.m.
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New Jersey Superior Court, Appellate Division
Decided: December 12, 1984.
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,v.ALBERTO SERRET, DEFENDANT-APPELLANT
Morton I. Greenberg, O'Brien and Gaynor. The opinion of the court was delivered by Gaynor, J.A.D.
[198 NJSuper Page 23] This appeal presents the question of whether defendant's constitutional rights of due process and confrontation were violated by reason of the State's failure to preserve physical evidence. In our view, the destruction of the "molotov cocktail"
[198 NJSuper Page 24]
allegedly used by defendant in the attempted arson was not such a violation of defendant's rights, nor were there other trial errors warranting the reversal of the conviction. We affirm.
A two count indictment was returned against defendant charging him with attempted arson contrary to N.J.S.A. 2C:17-1a and N.J.S.A. 2C:5-1 and with unlawful possession of an explosive device contrary to N.J.S.A. 2C:39-4b. At the ensuing jury trial defendant was found guilty on both counts but at sentencing the conviction for unlawful possession of an explosive device was vacated and merged with the conviction for attempted arson.
Testimony disclosed that in the early hours of August 4, 1981 defendant was seen placing a bottle having a wick or cloth on its top in one of the first floor windows of a two and one-half story residential building in Newark, then lighting the cloth or wick and leaving the scene. The flame quickly went out and the witness observed gasoline and cigarette butts inside the bottle. The police were called and later in the morning members of the Fire Department's arson squad commenced an investigation. On the windowsill they found a one-quart beer bottle filled with gasoline, debris, cigarette butts, small rocks, aluminum foil and a partially burned cloth wick in the bottle's neck (the molotov cocktail). The bottle was removed and sent to the laboratory of the Police Department for analysis of its contents. A chromatograph analysis disclosed that the liquid substance was a gasoline fraction of petroleum hydro-carbon distillate. No quantitive analysis as to the percentage of gasoline in the solution was made nor was any examination of the bottle made for fingerprints. The bottle and its contents were returned to the Fire Department offices and kept on a window sill for about two weeks. Considering the bottle and its contents to be dangerous, the fire chief directed that it be disposed of. The liquid was then poured out and the bottle and wick destroyed. Officers who had handled the bottle testified that the liquid smelled like gasoline.
[198 NJSuper Page 25]
The Police Department chemist testified as to the chromatograph results and identified the liquid in the bottle as gasoline. However, no testimony was offered regarding the nature, accuracy and intricacy of the chromatograph utilized nor was any evidence offered as to the reliability of this testing machine, the methodology followed in its use or the acceptance by the scientific community of gas chromatography as a means of identifying liquid substances.
Defendant asserts error by the trial court in denying his motion to dismiss the indictment because of the State's destruction of the bottle and its contents. He claims the failure to preserve these physical properties precluded him from effectively defending himself in that he was unable to affirmatively utilize potentially exculpatory evidence. Thus his right to due process of law and a fair trial were abridged. Defendant also contends the destruction of this evidence violated his constitutional guarantee of confrontation as it prevented him from meaningfully confronting and examining the chemist who testified to results of the analyses of the contents of the bottle. He further challenges for the first time the admissibility of these test results on the ground that a proper foundation had not been laid as to the reliability of the chemist's procedure and the equipment used. Although not raised below, it is also now asserted the prosecutor in her summation, in attempting to bolster the credibility of a State's witness, improperly made statements not based upon evidence of record.
Specifically, defendant contends that:
1. The trial court erred in denying defendant's motion to dismiss the indictment. Defendant was denied due process of law by the failure of the state to properly collect and preserve critical and potentially exculpatory physical evidence.
2. The State's negligent destruction of the physical evidence and defendant's resulting inability to independently test and examine the physical evidence was a denial of defendant's right to confrontation guaranteed by the Sixth Amendment to the United States Constitution.
3. The State failed to meet the legal criteria codified by Evidence Rule 56 for the admission of scientific evidence. Introduction of the scientific evidence was improper and had the capability of producing an unjust result.
[198 NJSuper Page 26]
4. The prosecutor improperly bolstered the credibility of a State's witness during summation.
Where there has been a destruction of physical evidence in a criminal case, the judicial inquiry as to any infringement of the defendant's rights must focus upon whether the loss or destruction of the evidence was the consequence of bad faith or connivance on the part of the State and whether there was any resulting prejudice to defendant. As we declared in State v. Washington, 165 N.J. Super. 149, 155 (App.Div.1979):
Generally, when there has been a loss or destruction of physical evidence in a criminal trial, the court must determine whether defendant has thereby been denied due process and a fair trial. United States v. Picariello, 568 F.2d 222 (1 Cir.1978). To do so, the court must determine (1) whether there was bad faith or connivance on the part of the government and (2) whether defendant was prejudiced by the loss or destruction of the evidence. (citations omitted).
The United States Supreme Court in the recent case of California v. Trombetta, U.S. , , 104 S. Ct. 2528, 2534, 81 L. Ed. 2d 413, 421-422 (1984) addressed this issue in a similar manner, stating:
Given our precedents in this area, we cannot agree with the California Court of Appeal that the State's failure to retain breath samples for respondents constitutes a violation of the Federal Constitution. To begin with, California authorities in this case did not destroy respondents' breath samples in a calculated effort to circumvent the disclosure requirements established by Brady v. Maryland and its progeny. In failing to prserve [sic] breath samples for respondents, the officers here were acting "in good faith and in accord with their normal practices." Killian v. United States, supra [368 U.S. 231], at 242, 7 L. Ed. 2d 256, 82 S. Ct. 302 [at 308]. The record contains no allegation of official animus towards respondents or of a conscious effort to suppress exculpatory evidence.
Whatever duty the Constitution imposes on the States to preserve evidence, that duty must be limited to evidence that might be expected to play a significant role in the suspect's defense. (footnote omitted). To meet this standard of constitutional materiality, see United States v. Agurs, 427 U.S. [97], at 109-110, 49 L. Ed. 2d 342, 96 S. Ct. 2392 [2400], evidence must both possess an exculpatory value that was apparent before the evidence was destroyed, and also be of such a nature that the defendant would be unable to obtain comparable evidence by other reasonably available means. Neither of these conditions is met on the facts of this case.
[198 NJSuper Page 27]
Here, defendant does not claim bad faith in the destruction of the bottle and its contents. However, he asserts prejudice in that the destruction of this evidence precluded him from examining and subjecting the evidence to independent analysis thereby preventing meaningful confrontation and cross-examination of the expert offered by the State. Although the absence of the evidence may have made his cross-examination of the witness more difficult, such difficulties do not necessarily amount to a denial of confrontation. State v. Washington, 165 N.J. Super. at 156. While the cross-examination of this expert was limited to a brief inquiry as to the testing procedure used in chromatography, the absence of the bottle and its contents did not prevent a more searching examination of inadequacies in the procedures utilized by the expert, the reliability of the testing equipment, the acceptability of the test results and the proficiency of the expert in conducting the test. Also, defendant's opportunity to discredit the testimony of the State's expert with respect to his procedures through the testimony of his own expert was not impaired by the inability to inspect the bottle and its contents. Thus, defendant was capable of questioning the test results without resort to the destroyed evidence. We do not read State v. Teare, 135 N.J. Super. 19 (App.Div.1975) as requiring a different conclusion.
Additionally, we would observe that the constitutional duty to preserve evidence is limited to such evidence as "might be expected to play a significant role in the suspect's defense." California v. Trombetta, U.S. at , 104 S. Ct. at 2534, 81 L. Ed. 2d, at 422. This materiality standard is met only when the evidence possesses an apparent exculpatory value and is of such a nature that comparable evidence could not be obtained by other means. Ibid. Here, it was not apparent before its destruction that the evidence had any exculpatory value and, while the physical properties were not available after destruction, the methods used in the analyses of the liquid content and
[198 NJSuper Page 28]
the results obtained were subject to examination. Considering the other testimony offered as to the gasoline odor of the liquid in the bottle, this physical evidence likely would have been inculpatory rather than exculpatory. Clearly, the bottle and its contents could not have been expected to play a significant role in defendant's defense. As noted by the trial judge, defendant stood to gain by the inferences which might have been drawn from the State's destruction of the evidence. We therefore conclude that the trial court properly denied defendant's motion for a dismissal of the indictment.
Defendant's further claim that the charge of possession of an explosive device with intent to use it for an unlawful purpose could not be proved without the physical evidence is without merit in view of the testimony establishing defendant's control of the device. State v. Washington, 165 N.J. Super. at 156, 157. Additionally, defendant was sentenced for the crime of attempted arson and not for the unlawful possession of an explosive device, as the latter count was merged with the former.
Finally, the asserted trial errors do not warrant a reversal of the conviction. Defendant's claim that the results of the chromatograph test were improperly admitted was not raised when such testimony was elicited and thus will not now be considered unless the admission constitutes plain error. See Nieder v. Royal Indemnity Ins. Co., 62 N.J. 229, 234 (1973). Viewing the case as a whole we cannot say the admission of such evidence prejudicially affected the substantial rights of defendant. Jurman v. Samuel Braen, Inc., 47 N.J. 586, 590 (1966). However, it should be noted that gas chromatography has been considered as an acceptable scientific procedure. See State v. Rypkema, 191 N.J. Super. 388 391 (Law.Div.1983). Also, while the prosecutor improperly included in her summation comments having no foundation in the evidence, they were
[198 NJSuper Page 29]
not sufficiently harmful as to require a reversal of the conviction and were appropriately cured by the court's instructions.
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Jair Saenz of Mohawk College fired par-72 to finish tied for third place in the annual Niagara College Invitational Fall Golf Classic at LochNess Links in Welland on Wednesday (Sep. 28).
David Lang of Durham College won the single day event with a 5 under par 67, one stroke ahead of Alex Dumais of Humber College.
Saenz led the Mountaineers to fifth place in the men's team competition, which was won by host Niagara. The team event is based on the four best scores per team. Along with Saenz' total, Brandon Taylor shot 78, while Curtis Henshaw and Connor Wilks each carded 80.
Meanwhile, Andrew Horner came in at 85 and alternate Jordan McNair shot 95.
New Mohawk coach Deborah Lee Eldridge called her team's play solid. "The team fought consistently and managed their games well on the tricky layout," said Eldridge. "They really worked hard to score well and finished strong. I am pleased with their play and proud of their efforts. This solid finish is a good warmup for next week's OCAA Championship. Highlights of the day include Jair's even-par finish of 72, and Brandon's back-9 comeback of 1-under par."
The round started in the sun with some wind, then there was light rain for a couple of hours.
Mohawk did not have a female player in the event. The women's individual title went to Kayleigh Kraemer of Durham with a score of 81.
St. Clair won the women's team champion.
The Ontario Colleges Athletic Association Championship will be contested in Cornwall, October 3-5 with St. Lawrence College playing host.


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United States District Court, Second Circuit
January 10, 2014
TRUSTEES OF THE NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS PENSION FUND et al., Petitioners,v.TNS MANAGEMENT SERVICES, INC., Respondent.
JESSE M. FURMAN, District Judge.
Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Funds (the "ERISA funds"), Trustees of the New York City Carpenters Relief and Charity Fund (the "Charity fund"), and the New York City and Vicinity Carpenters Labor-Management Corporation and the New York City District Council Carpenters (the "Union, " and, collectively, the "Petitioners") filed this Petition seeking to confirm an arbitration award (the "Award") that they obtained against Respondent TNS Management Services, Inc. ("TNS, " or the "Respondent"), pursuant to Section 502(a)(3) of the Employee Retirement Income Security Act of 1974 ("ERISA"), Section 301 of the Labor Management Relations Act of 1947 ("LMRA"), and Section 9 of the Federal Arbitration Act, 9 U.S.C. § 9. Petitioners also seek recovery of attorney's fees and costs. For the reasons stated below, the Award is CONFIRMED, and the request for attorney's fees and costs is GRANTED in part and DENIED in part.
The ERISA Funds are multi-employer labor management trust funds organized and operated pursuant to ERISA. (Compl. (Docket No. 1) ¶ 4). The Charity Fund is a charitable organization established under section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3). ( Id. ¶ 5). Collectively, the ERISA Funds and the Charity Funds are referred to as the "Funds." The Union is a labor organization that represents employees and is the certified bargaining representative for certain employees of the Respondent. ( Id. ¶ 6). The Petitioners allege, upon information and belief, that Respondent is a New York corporation and, at relevant times, was an employer within the meaning of 29 U.S.C. § 1002(5), and was an employer in an industry affecting commerce within the meaning of 29 U.S.C. § 142. ( Id. ¶ 8).
The Union and TNS were parties to a Collective Bargaining Agreement (the "CBA") that required TNS to make contributions on behalf of its employees covered by the CBA to various benefit funds, including the ERISA Funds and the Charity Fund. (Epstein Decl. (Docket No. 6) ¶ 4; id. Ex. A ("CBA") art. XVI, § 1). The CBA also permitted the Union to audit TNS's books and records to ensure compliance. (Compl. ¶ 11; CBA art. XVI, § 1). Pursuant to the relevant clause of the CBA, the Petitioners conducted audits of TNS's books and records for three time periods: (1) March 30, 2009, through May 6, 2011; (2) May 7, 2011, through April 29, 2012; and (3) April 30, 2012, through October 14, 2012. (Epstein Decl. ¶ 5). The auditor determined that TNS failed to make principal contributions in the amount of $61, 916.12 (Epstein Decl. ¶ 5), comprised of deficiencies of: (1) $1, 526.28 in the first period; (2) $21, 334.40 in the second period; and (3) $39, 055.44 in the third period. (McMorrow Decl. (Docket No. 7) ¶ 6). The dispute was submitted to Roger Maher for arbitration, pursuant to the CBA's arbitration clause. (Epstein Decl. ¶ 6; CBA art. XVI, § 7).
After providing notice to the parties, the arbitrator held a hearing and, on March 2, 2013, rendered an award of $87, 640.26 to be paid to Petitioners (the "Award"), with interest to accrue at the rate of 5.25% from the date of the Award. (Epstein Decl., Ex. B ("Award") 4). No representative from TNS attended the hearing, apparently because of a scheduling misunderstanding. (McMorrow Decl. ¶¶ 15-17). TNS admits, however, that its failure to attend the hearing "was in error." (McMorrow Decl., Ex. A ("Spanarkel Affidavit") ¶ 6). After the arbitrator rendered the award, TNS remitted payment in the amount of $31, 752.50, but has not paid the remainder of the award. (Epstein Decl. ¶ 9).
On March 24, 2013, Petitioners filed their Petition (styled a Complaint) with this Court seeking confirmation of the full amount of the award, plus interest in the amount of 5.25% to accrue from the date of the award. (Compl. ¶¶ 16-17). Petitioners also request attorneys' fees and costs in the amount of $1, 208.50, comprised of $656 in attorney's fees and $552.50 in costs. (Epstein Decl. ¶ 22; id. Ex. E). Pursuant to this Court's Order of May 10, 2013 (Docket No. 4), Petitioners filed additional materials in support of the award and request for costs and fees, including a Declaration in Support of Application to Confirm an Arbitration Award (Epstein Decl.) and contemporaneous time records (Epstein Decl., Ex. E). Respondent then submitted a Declaration in Opposition to Application to Confirm Award (McMorrow Decl.), and Petitioners submitted a Memorandum of Law in Support of Plaintiffs' Petition to Confirm Arbitration Award ("Petitioners' Mem.") (Docket No. 11).
A. Applicable Law
"It is well established that courts must grant an [arbitrator's] decision great deference." Duferco Int'l Steel Trading v. T. Klaveness Shipping A/S, 333 F.3d 383, 388 (2d Cir. 2003). Accordingly, the confirmation of an arbitration award generally is "a summary proceeding that merely makes what is already a final arbitration award a judgment of the court." D.H. Blair & Co., Inc. v. Gottdiener, 462 F.3d 95, 110 (2d Cir. 2006) (quoting Florasynth, Inc. v. Pickholz, 750 F.2d 171, 176 (2d Cir. 1984)) (internal quotation marks omitted). "Only a barely colorable justification for the outcome reached' by the arbitrators" is required to confirm an award on a timely petition to confirm. Id. (quoting Landy Michaels Realty Corp. v. Local 32B-32J, Serv. Emps. Int'l Union, 954 F.2d 794, 797 (2d Cir. 1992)).
"[T]he federal policy in favor of enforcing arbitration awards is particularly strong with respect to arbitration of labor disputes, " Supreme Oil Co., Inc. v. Abondolo, 568 F.Supp.2d 401, 406 (S.D.N.Y. 2008) (internal quotation marks omitted), and judicial review of an arbitration award under Section 301 of the LMRA, 29 U.S.C. § 185, is "extremely deferential, " id. at 405. Under the LMRA, an arbitration award should be upheld as long as it "draws its essence from the collective bargaining agreement and is not merely an exercise of the arbitrator's own brand of industrial justice." Beth Israel Med. Ctr. v. 1199/S.E.I.U. United Healthcare Workers E., 530 F.Supp.2d 610, 614 (S.D.N.Y. 2008) (internal quotation marks omitted). "Even if the Court is convinced that [the arbitrator] committed serious error, ' the award should not be vacated so long as the arbitrator is even arguably construing or applying the contract and acting within the scope of his authority.'" Abondolo, 568 F.Supp.2d at 405 (alteration in original) (quoting United Paperworkers Int'l v. Misco, 484 U.S. 29, 38-39 (1987)); see also 9 U.S.C. § 10(a) (identifying the limited bases for vacating arbitration awards). Courts have shown similar judicial restraint regarding arbitration awards under ERISA. See, e.g., Trs. of the N.Y.C. Dist. Council of Carpenters Pension Fund v. SDS Labor, Inc., 11 Civ. 6267 (DLC), 2011 WL 6181351, at *2-3 (S.D.N.Y. Dec. 13, 2011); Mason Tenders Dist. Council of Greater New York & Long Island v. Circle Interior Demolition, Inc., 07 Civ. 11227 (RMB) (THK), 2009 WL 5061744 at *1, *5 (S.D.N.Y. Dec. 22, 2009) (adopting the Report and Recommendation of Katz, M.J.).
B. Analysis
1. The Award
Applying the foregoing principles, Petitioners have easily met their burden of demonstrating that the Award should be confirmed, as the arbitrator's decision provides more than "a barely colorable justification for the outcome reached." D.H. Blair & Co., 462 F.3d at 95 (internal quotation marks omitted). Indeed, Petitioners have submitted evidence that TNS is a party to the CBA (Epstein Decl. ¶ 4; CBA); that TNS was required to make certain contributions to the funds (Epstein Decl. ¶ 4; CBA art. XVI, § 1); that the CBA set forth an arbitration procedure for resolution of disputes concerning these contributions (Epstein Decl. ¶ 6; CBA art. XVI, § 7), which Petitioners followed (Epstein Decl. ¶ 6); that TNS received notice of the arbitration hearing (Spanarkel Affidavit ¶¶ 4-6; McMorrow Decl., Ex. B), and that the arbitrator's decision was not arbitrary, did not exceed his powers, and was not otherwise contrary to law ( see Award).
In arguing against confirmation, Respondent contends that the Award was in error, but this contention fails to meet the heavy burden needed to overturn an arbitration award. In particular, Respondent claims that in calculating the Award, the arbitrator relied on the Petitioners' auditor's faulty calculation of principal due. (McMorrow Decl. ¶¶ 8-13). The calculation was incorrect, according to Respondent, because the auditor failed to credit TNS for payments it made in the second and third periods. ( Id. ).
Even if this Court "[were] convinced [that the arbitrator] committed serious error, " that would "not suffice to overturn his decision" so long as the arbitrator was "arguably construing or applying the contract and acting within the scope of his authority." E. Associated Coal Corp. v. United Mine Workers of Am., 531 U.S. 57, 62 (2000) (internal quotation marks omitted). That is plainly the case here. In addition, Respondent has failed to substantiate its contention that the payments made by TNS were not taken into account by Petitioners' auditor or the arbitrator. Respondent does not provide any documentation of the methodology by which the auditor or arbitrator calculated the principal amounts due, nor does it demonstrate the alleged mistake through other evidence. Respondent merely submits a set of documents containing letters, spreadsheets, and other forms that it claims - in conclusory fashion - "demonstrat[e] that the petitioners['] audit figures were incorrect." (Spanarkel Affidavit ¶ 10; see also McMorrow Decl., Ex. D). To the extent that the Court can parse the meaning of these documents at all, they suggest that the arbitrator's calculations of principal due for the second and third periods were lower than the initial amounts of principal due as calculated by the auditor ( compare McMorrow Decl., Ex. D at 1, with Award at 4), suggesting that the Award did take into account some payments made by TNS.
Accordingly, the Court GRANTS Petitioners' Petition to confirm the Award, and awards judgment for the Petitioners in the amount of $55, 887.76 - the difference between the Award and the amount already paid by Respondent. In addition, the Court awards interest accruing at the rate of 5.25% from March 2, 2013, the date of the Award, through the date of judgment.
2. Attorney's Fees and Costs
Petitioner also requests an award of $1, 208.50, comprised of $656 in attorney's fees and $552.50 in costs. (Epstein Decl. ¶ 22; id. Ex. E). Ordinarily, attorney's fees cannot be recovered in a federal action in the absence of statutory authority, and neither Section 301 of the LMRA nor the Federal Arbitration Act provides for attorney's fees in actions to confirm an arbitration award. See, e.g., N.Y.C. Dist. Council of Carpenters Pension Fund v. Angel Constr. Grp., LLC, No. 08 Civ. 9061 (RJS), 2009 WL 256009, at *2 (S.D.N.Y. Feb. 3, 2009) (quoting Int'l Chem. Workers Union (AFL-CIO), Local No. 227 v. BASF Wyandotte Corp., 774 F.2d 43, 47 (2d Cir. 1985)). Although section 502(g) of ERISA permits plaintiffs to recover reasonable attorney's fees and costs in successful actions to recover delinquent contributions, see 29 U.S.C. § 1132(g)(2)(D), "this does not necessarily mean that a successful party is also entitled to its costs and attorney's fees in bringing a petition to confirm an arbitration award." Abondolo v. Jerry WWHS Co., Inc., 829 F.Supp.2d 120, 130 (E.D.N.Y. 2011).
Courts sometimes award attorney's fees in arbitration confirmation proceedings where challengers to the proceedings acted in bad faith, see, e.g., Trs. of N.Y.C. Dist. Council of Carpenters Pension Fund v. Alliance Workroom Corp., No. 13 Civ. 5096 (KPF), 2013 WL 6498165, at *6-7 (S.D.N.Y. Dec. 11, 2013), but Respondent has not exhibited the requisite bad faith here. See also Angel Constr., 2009 WL 256009, at *2 ("In the context of confirmation proceedings, the guiding principle has been stated as follows: when a challenger refuses to abide by an arbitrator's decision without justification, attorney's fees and costs may properly be awarded." (internal quotation marks omitted)). Although Respondent did fail to attend the arbitration hearing, this failure was not out of bad faith, but rather a genuine misunderstanding regarding the scheduling of the hearing. (Spanarkel Affidavit ¶¶ 4-6). Moreover, Respondent has appeared in this confirmation action, and it has already paid a portion of the Award. (Epstein Decl. ¶ 9). Although Respondent's arguments regarding the unpaid balance are not a valid basis to oppose confirmation, the arguments are not frivolous or made in bad faith. Cf. Smiga v. Dean Witter Reynolds, Inc., 766 F.2d 698, 708 (2d Cir.1985) (upholding the imposition of sanctions where the district judge concluded that the plaintiff "had presented frivolous, unreasonable and groundless' opposition to [the defendant's] motion to confirm the arbitration award"); Prospect Capital Corp. v. Enmon, No. 08 Civ. 3721 (LBS), 2010 WL 907956, at *6-8 (S.D.N.Y. Mar. 9, 2010) (imposing sanctions for, inter alia, party's opposition to a motion to confirm in which it "persisted in bringing frivolous arguments that misrepresented the record"). Accordingly, Petitioners' request for attorney's fees is DENIED.
At the same time, "courts routinely make awards for costs... in confirmation proceedings." Abondolo, 829 F.Supp.2d at 130 (alterations and internal quotation marks omitted). This is consistent with Rule 54(d)(1) of the Federal Rules of Civil Procedure, which provides that "[u]nless a federal statute, [the Federal Rules of Civil Procedure], or a court order provides otherwise, costs - other than attorney's fees - should be allowed to the prevailing party." Fed.R.Civ.P. 54(d)(1). Accordingly, Petitioners are entitled to their $552.50 in costs, comprised of the $350 filing fee and $202.50 in service fees. (Epstein Decl., Ex. E).
For the reasons set forth above, the Award is CONFIRMED, with interest to accrue at a rate of 5.25% from the date of the Award to the date judgment is entered in this matter. Petitioners are further awarded $552.50 in costs.
Petitioners are directed to submit a proposed Judgment consistent with this Memorandum Opinion and Order to the Orders and Judgments Clerk of this Court by January 17, 2014.
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Review Created: 07/06/2011 10:57 AM


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Carrie Underwood first rose to fame back in 2005, and despite the fact that most know her as the princess of country music, many forget that she first rose to fame on the fourth season of the hit show American Idol. From the moment she stepped on stage on the talent competition, the world was blown away by the singer's larger than life voice that came from the pint-sized Underwood. While many knew that Carrie Underwood has talent, very few could expect the massive success that she has already accomplished in just a few short years. Today, Carrie Underwood has come a long way from her time at American Idol, and is now one of the most successful chart-topping solo artists in the industry today.
Carrie Underwood is now a multi-platinum selling artist who has won a collection of awards for her work in the entertainment business. This includes Grammy Awards, American Music Awards, CMA Awards, Academy of Country Music award and Billboard Music Awards among just a number of other awards. For the past few years, Carrie Underwood has developed a long streak of success and winning a number of awards for her success and album sales.
In addition to having a great deal of success in the industry in terms of sales and radio play, Carrie Underwood has also set records as well. Carrie Underwood became the first female artist in the history of country music to ever win back to back Academy of Country Music Entertainer of the Year Award. She also has more number one hits than any other female artist in history This accomplishment came in 2012 when Carrie Underwood had her 12th number one hit. WIth this type of success there is no denying the title that Underwood has achieved as a top country artist in the business. She has even sold more than 25 million singles and 15 million albums worldwide.
Fans can hear Carrie perform her hit songs when she embarks on her worldwide tour, visiting some of the largest venues around the country in 2012. The singer is known for drawing some of the largest crowds on her tour. In fact, the tour was so popular that in 2013 the singer actually extended her successful Blown Away Tour to include even more dates on her current tour across the country, so that even more fans can get the opportunity to see this singer live.
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Szklarz Trybunalski Tips & Guide
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The St. Louis County Library Foundation and Left Bank Books are pleased to present acclaimed detective fiction author John Sandford for a discussion and signing of his latest thriller "Stolen Prey" on Friday, May 18, at 7:00 p.m. at Library Headquarters, 1640 S. Lindbergh Blvd.
The program is free and open to the public. Books will be available for purchase at the event from Left Bank Books.
John Sandford--aka Pulitzer Prize-winning journalist John Camp--returns to his signature series with "Stolen Prey," a riveting thriller that throws Minnesota detective Lucas Davenport headlong into his worst nightmare.
In "Stolen Prey," Lucas finds himself working a gruesome crime scene that can only be described as a slaughter. A young family is tortured and killed in their upscale suburban home with no apparent motive and no witnesses. To Lucas it looks like Mexican drug gang retribution, but what's the connection. Why this all-American family?
Within days, Lucas and his team have uncovered a money-laundering operation that the husband, a software developer, may or may not have known about. A trio of murderers is on the loose, trying to locate the missing laundered money, and they'll stop at nothing to get back their twenty-two million dollars. It's up to Lucas to stop them before more innocents are killed. He never expected his own family to be one of the targets.
With brisk pacing and meticulous detail that brings each crime scene into vivid focus, "Stolen Prey" seamlessly weaves two mysteries into one brilliant novel. This is the kind of writing that has earned Sandford accolades like "born storyteller" (San Diego Tribune), a legion of fans, and a string of awards. Like his previous Prey novels, this one is realistic, gripping, and brimming with plot twists that keep readers riveted until the final page. This is John Sandford at his very best.
John Sandford is a #1 bestselling suspense novelist and a Pulitzer Prize winning journalist. He is the author of 22 novels in the Lucas Davenport/Prey series and 11 other works of fiction, most recently the Virgil Flowers mystery "Shock Wave," which debuted at #2 on the New York Times bestseller list.
Program sites are accessible. Upon two weeks notice, accommodations will be made for persons with disabilities. Contact St. Louis County Library by phone 314-994-3300 or visit www.slcl.org.
|Date published
|South African Artist Inaugurates County Library's Newest Speakers' Series
|Mon, 10/24/2016 (All day)
|SLCL's Westfall History Series Presents Celebrated Historian H. W. Brands
|Wed, 10/19/2016 (All day)
|SLCL Presents "Growing Up With the River" Authors Dan and Connie Burkhardt
|Wed, 10/12/2016 (All day)
|Grant's View Branch wins Merit Award from American Institute of Architects
|Tue, 10/11/2016 (All day)
|Popular Kids' Author Stuart Gibbs Presents New Spy School Novel
|Mon, 10/10/2016 (All day)
|SLCL Presents Celebrated Novelist and Missouri Native Paulette Jiles
|Fri, 10/07/2016 (All day)
|A Celebration of the Poisoned Pen featuring Local Suspense Writer Michael Kahn
|Wed, 10/05/2016 (All day)
|Creator of "Mutts" Comic Series Patrick McDonnell Presents New Children's Book
|Sun, 10/02/2016 (All day)
|YA Adventure Author Ridley Pearson Presents New Sherlock Holmes Series
|Fri, 09/30/2016 (All day)
|SLCL Presents "Mountains Beyond Mountains" Author Tracy Kidder
|Fri, 09/30/2016 (All day)


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Fall Show dates
Friday, December 2, 2016
Saturday December 3, 2016 - matinee and evening performance!
The fall show is:
The Matchmaker by Thornton Wilder
Cast comprising of 9 males and 7 females. T
here may be room for some expanding of cast size for a few "extras".
The Matchmaker's basic plot: An irascible, penny-pinching store owner, Horace Vandergelder, refuses to let his niece marry the poor artist she loves, although he himself plans to remarry. Dolly Levi, a matchmaker, pretends that she is helping Vandergelder find a suitable bride, but she actually schemes to marry him herself, and she works to help the young lovers gain his approval. Vandergelder's beleaguered clerk, who is longing for excitement, also meets the woman of his dreams, although she happens to be the one Vandergelder intends to marry. In the end, everyone is happy and just a little smarter.


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Angelina Jolie: Foxfire – Fly Away – Rock Music – Movie Photo Shots
here is a fan made video with movie clips in it.🙂
Love this 80's song. I love RETRO🙂
boardergirl20 youtube channel made this awesome video🙂
Angelina Jolie plays Margret 'Legs' Sadovsky who hitchhikes from place to place. She ends up at a highschool where she finds out that a teacher is sexually harassing some of his female students. She tells the girls to from a bond and take revenge. They build a solid friendship but their wild ways begin to get out of control.
A movie about freedom, friendship, anarchism and thinking for yourself.
Hedy Burress – Madeline 'Maddy' Wirtz
Angelina Jolie – Margret 'Legs' Sadovsky
Jenny Lewis – Rita Faldes
Jenny Shimizu – Goldie Goldman
Sarah Rosenberg – Violet Kahn
Music: Lenny Kravitz – Fly Away


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@MinnYouthSoccer thanks!
-----New this Year-----
We are going to be offering adult pick up games (age 15 and up) on Thursday nights from 8 pm to 10 pm. Referees will be provided for these games and players will rotate in and out depending on number of attendees.
Cost is $7.00 for the 2 hours or purchase a book of 10 Admission Coupons for $50.00. Purchase your coupon book at the facility.
Adult open soccer will begin the Thursday 12/15/16 and will be held every Thursday evening.
Registration for the 2017 spring/fall rec soccer is now open. And if you register before the end of 2016 you will receive a $10.00 discount, plus make a small down payment and pay nothing more till 2017. Just select the payment plan option and when you get to the check out page use discount code "Earlybird2016". Click below to sign up today and take advantage of this great offer. After 2016 full price will be $100.00 for the spring/fall season.
Team registration is now open for the 2017 competitive teams.
If you did not try out for a team, you can register now and get on the list for filling out teams. The sooner you register the higher up the list you will be.
Opening are as follows (Years indicate the year(s) players were born):
2008/09- Forming additional teams
2007- 1 opening
2005- 5 C3 openings
2004- 6 openings (Level TBD)
2000 - 5 C2 openings
1998/99- several C2 openings
2008/09- 2 openings
2007 - 4 opening
2005- 1 openings
2004- 4 openings- (Level TBD)
2001/02 - C3 4 Openings
2000- 2 openings C2
1998/99- 5 openings C2
Team registration costs are:
U13 and Up- $365.00
Registration costs include your refundable volunteer fee of $60.00. They also include approx. 50 hours of time in the indoor facility, MYSA registration costs, depending on your team there may be additional expenses for tournament and paid coaching fees.
Congrats to our U16 Girls C3 team for winning the State Championship!
Also a congrats go out to our U14 Girls C2, U14 Boys C3 and U18 Girls C2 teams for coming in 2nd place at State!
Our U18 Boys C2 team also finished in the top 4 at State!
What a great Summer season!
If you are not currently a member of the MSC but would like to be kept up to date on what's happening in the club, join the web site and we will periodically let you know about upcoming events and happenings in the club. Click on the "CREATE ACCOUNT" button at the top left of this page and fill out the information.
Thanks - MSC Board of Directors
Below are the times that the facility will be open for open soccer:
Thursdays 7 to 8 pm.
Fridays 6pm - 7pm (except 12/16)
Saturday 1 pm to 4 pm
2017 times will be released soon
There are several sponsorship opportunities available with in the club to be a Club Sponsor. Contact Brian at email@example.com for more information.
Coach Chris Robson was nominated for and won one of 11 "Thank You Coach" awards from KARE11 after several of his families from his U14 Boys team sent in letters nominating him. Congrats Coach, we are proud of you!
Katie Lucas- Univ. of Wisconsin- River Falls 2016
Evan Bartlett - Augsburg College - 2016
@MinnYouthSoccer thanks!
@MinnYouthSoccer with Champ games being pushed to Sunday does this mean clubs cannot hold tryouts until Monday?
Below you will find a presentation meant to help explain the changes coming to soccer all over the country. This change starts with this Fall season and into the 2017 Summer season. 2016 Spring/Summer soccer season is not impacted except for no heading in U9/10 age groups.
Shop at Amazon Smile and Amazon will make a donation to the Monticello Soccer club. Click to get started.


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Pete Nyheim, Ph.D.
Senior Instructor of Technology
Prior to Peter Nyheim's specialization in hospitality technology, he spent 10 years in hotel and restaurant managerial operations in the Eastern United States, Argentina, and Venezuela. He has been working and teaching in hospitality technology for over 10 years. His teaching is primarily in information technology, and aligning training to strategy. Dr. Nyheim has a Ph.D. from Penn State in Workforce Education, an M.B.A. with a concentration in Management Information Systems, and a B.S. in Hotel and Restaurant Management from Drexel University. He also earned a B.A. in Government from Lehigh University. Dr. Nyheim is a Certified Hospitality Technology Professional (CHTP) and is co-author of the textbook Technology Strategies for the Hospitality Industry 2nd edition from Prentice Hall.


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Investors looking to trade in a growing pile of debts may today dabble in PowerShares' new international corporate bond ETF. Joining the State Street Global Advisers fund, this will be the second international corporate bond ETF available in the U.S. market.
With yields on U.S. debt looking paltry, interest in corporate bonds overseas has picked up. With that, another fund giving investors access to the space has launched.
The PowerShares International Corporate Bond Portfolio (NYSEARCA:PICB) will offer exposure to investment-grade corporate bonds issued in developed markets outside of the United States. PICB will try to reflect the performance of the S&P International Corporate Bond Index, with at least 80% of the fund's total assets in securities that make up the index.
Invesco PowerShares Senior Vice President Bobby Brooks points out that despite prevailing global concerns – the crisis in Greece and worries about the wider eurozone – there's a case to be made for international corporate bonds. After all, they have a low correlation to many different asset classes: 0.26 to U.S. equities, 0.42 to emerging market debt, 0.37 to emerging market equities and 0.49 to developed market equities.
Furthermore, while some areas of the world might be struggling, there are still a number of great companies in those countries looking to raise capital.
"You have to look at the company issuing bonds, not just the volatility and the noise that's taking place," Brooks says.
The index holds bonds issued by investment-grade non-U.S. issuers in the G-10 currencies, including the Australian dollar (AUD), New Zealand dollar (NZD), British Pound (GPB), Swiss Franc (CHF), Euro (EUR), Norwegian krone (NOK), Japanese yen (JPY), Swedish krona (SEK), Canadian dollar (CAD) and Danish krone (DKK). PICB will have an expense ratio of 0.50%.
As with many bond ETFs, PICB will use a "sampling" methodology, which means that the fund won't own all the securities in the underlying index.
PICB only holds the debt of companies outside the United States and has exposure to the nine major sectors. Aside from broad country and sector exposure, PICB also has currency diversification, capping the exposure of any one currency at 50%.
PICB will compete with State Street's SPDR Barclays Capital International Corporate Bond (NYSEARCA:IBND), which launched in mid-May.
Max Chen and Heather Hayes contributed to this article.
Disclosure: None


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Four long years have passed since Christina Aguilera launched her 'Lotus' LP.
That album neither blossomed nor bloomed and in time since she has focussed on her role on The Voice and motherhood.
Promises of music have been plentiful, yet there's been no definitive word on a timeline. Until today.
Full story below…


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2 Pages
The Status of Women's Literary Expression in America
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Pages: 2
Word Count: 1,294
Category: Sociology
Word Count: 1,294
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Womens Literary Expression in America Women offer a needed different perspective from mens writing Women authors offer a voice for women that couldnt be heard for many years Specific authors like Sylvia Plath and Toni Morrison are more modern authors Plath was a leader in the 1950s and paved the way for the womens liberal movement of the 1960s She spoke bluntly and openly about her depression contempt for her father and husband and attempted suicides Toni Morrison is a strong African American voice Not only does she speak positively for women in general but also she can speak specifically to black women There are certainly themes to womens writing throughout the changing years Gilman and fellow authors of her time discussed the so-called nervous condition that was labeled on women frequently in the late 1800s and early 1900s In the 1950s Sylvia Path was an honest voice for her generation that was rare When women were first able to start printing their own literature they wrote about what they knew The mostly knew about domestic things such as having babies and life on the farm A strange amount of female authors suffered from what they called at the time the nervous condition Edith Wharton in 1899 was recovering from her nervous condition She sought the rest cure treatment from Dr S Weir Mitchell which was very popular Cahill 9 Wharton then went on the write many well-known novels Another author who suffered from the so-called nervous syndrome was Charlotte Perkins Gilman Dr Mitchell also prescribed her the rest cure This rest cure seemed to cause more problems then the patient had before Gilman dramatizes the situation in her story The Yellow Wall Paper It is about a women being treated using the rest cure and it makes her crazy In Elaine Showalters words the yellow wall paper is a haunting and passionate protest against the rest cure A modern
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