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Imagine a glass beaker filled with vinegar. Hovering above it is a heaping spoonful of baking soda. Mix the two together, and the vinegar will bubble out of control, flow over the rim of the beaker and make a huge mess.
This simple grade-school science experiment demonstrates how catalysts can cause chemical reactions. But it's also a microcosm of the in-house legal world, in which lawsuits, regulations and other outside forces cause changes, some of which can drastically alter a company's stability. It's up to general counsel to help their companies navigate these changes, adapt to them and excel under them.
Over the past year, some noteworthy court cases and litigation developments have spurred change within the corporate realm and introduced new challenges to in-house lawyers. Last month, the Supreme Court wrapped up its 2011-2012 term, in which it delivered a steady stream of headline-making decisions that are now influencing companies' priorities and operations. In addition, litigation tied to business practices, global change, social phenomena and the current administration's regulatory goals has constantly reshaped inside counsel's focus.
On the following pages, experts reflect on six litigation-themed catalysts that have unfurled over the past year and are significantly impacting the in-house bar.
Mayo Collaborative Services v. Prometheus Labs
The catalyst: Many intellectual property experts are calling Mayo the most significant IP decision of the 2011-2012 Supreme Court term.
The case centered on two patents belonging to Prometheus, a pharmaceutical and diagnostic products company. Prometheus' patents concerned a medical diagnostic test for determining how much of a particular drug a doctor should give to a patient in order to treat him for certain autoimmune diseases. The test featured three steps: administer the drug to the patient, take a blood sample from the patient to measure the drug's concentration level in his body and compare the measured concentration level to predetermined levels indicating whether the concentration is too low (which would make the drug ineffective) or too high (which could produce harmful side effects).
Mayo previously had purchased and used Prometheus' diagnostic test, but the medical center announced in 2004 that it planned on selling and marketing its own, slightly different test. Prometheus promptly sued Mayo for patent infringement.
A district court found in 2008 that Mayo's test did infringe Prometheus' patents, however, the court granted summary judgment to Mayo. The court reasoned that Prometheus' patents were for laws of nature—in this case, the correlation between blood test results and patient health, which can't be patented.
In 2009, the Federal Circuit reversed, finding Prometheus' test to be patent-eligible. When Mayo appealed, the Supreme Court granted certiorari, but then it vacated and remanded the Federal Circuit's decision in light of Bilski v. Kappos, in which the high court decided that the "machine or transformation test" is an important guide for determining whether a method is patent-eligible subject matter. In order to satisfy the test, a process must either use a particular machine or transform a particular article into a different state or thing. The Federal Circuit again found in 2010 that Prometheus' test was patentable and that it satisfied the "machine or transformation test."
But the Supreme Court unanimously decided March 20 that Prometheus' patents were invalid because they claimed laws of nature.
The impact: Mayo clearly is going to have the biggest effect on burgeoning biotechnology and pharmaceutical companies that continuously seek patents for diagnostic tests.
"Some of my colleagues have said, if applied literally, the Supreme Court's reasoning could invalidate thousands of already-issued patents," says Marshall, Gerstein & Borun Partner Cullen Pendleton.
If plaintiffs challenge existing patents and courts find them invalid, investors likely will stop investing money in diagnostic test development. "They're not going to put in the cash that it takes to devise a test because they're scared that the courts will invalidate their patents," Pendleton says. "If diagnostic claims are going down in flames, there will likely be a rush for the exits to try to get out of the industry, or certainly not waste money on it. That's bad news for overall innovation in the long run. And it's also bad news for anyone who might have a condition that they want to have tested."
Mayo's reach also could extend into the software industry. "Laws of nature, natural phenomena and other abstract ideas can't be patented and, similarly, mathematical algorithms cannot be patented," Pendleton says. "To the extent that some software is just a clever new way of doing an algorithm, it's kind of like the Prometheus claims. It's observing a natural phenomenon."
Experts say in-house counsel at companies with vast patent portfolios should immediately evaluate whether their existing patents and patent applications are vulnerable in light of Mayo.
"It's a cautionary tale to companies that are seeking IP protection to really review the factors that the Supreme Court set forth in Mayo to ensure that they really qualify for an appropriate patent," says Madeleine McDonough, a partner at Shook, Hardy & Bacon.
Overall, Mayo signifies the Supreme Court's increasing concern with the U.S. patent system. "The Supreme Court has for the first time suggested that there are going to be strong limitations on what is patent-eligible subject matter," says Neal Katyal, a partner at Hogan Lovells and the former U.S. acting solicitor general. "There has been increasing concern that the patent system has gotten out of control and that people are patenting far too many things that are not eligible to be patented."
In light of Mayo, the high court ordered the Federal Circuit to rehear the gene-patenting case Association for Molecular Pathology v. Myriad Genetics, in which the appeals court previously found that Myriad's patents on two breast cancer genes were valid. Oral arguments are scheduled for July 20. The Supreme Court also ordered the Federal Circuit to rehear WildTangent Inc. v. Ultramercial, a case concerning a patent for placing advertisements prior to copyrighted content on online videos. At press time, oral arguments were expected to take place in the fall.
AT&T Mobility v. Concepcion
The catalyst: Although the Supreme Court decided Concepcion more than a year ago, it is still sparking controversy.
The class action lawsuit concerned a California couple who had sued AT&T for false advertising and fraud because it charged them roughly $30 in sales tax for "free" phones. AT&T contended that its consumer contract required the couple to arbitrate the dispute outside of court.
A district court denied AT&T's motion to compel arbitration. The court relied on a 2005 California Supreme Court decision, Discover Bank v. Superior Court, in which the state's high court found that an arbitration provision was unenforceable because it prohibited classwide proceedings.
On appeal, the 9th Circuit ruled in 2009 that a California consumer-protection law trumped the arbitration clause in AT&T's contract. But in April 2011, the Supreme Court reversed, deciding 5-4 that the Federal Arbitration Act (FAA) preempts state law. The purpose of the act is to "allow for efficient, streamlined procedures tailored to the type of dispute," Justice Antonin Scalia wrote for the court. The majority reasoned that allowing the class action to proceed would impede the federal law's objective.
The impact: Concepcion was music to corporations' ears.
"It upheld the notion of having arbitration clauses and class action waivers in the myriad consumer contracts that people sign—or click through—every day," says Michael Tuteur, chair of Foley & Lardner's litigation department.
Mayer Brown Partner Andy Pincus, who argued on behalf of AT&T in Concepcion, says the decision has made more companies realize that "arbitration is a win-win for both corporations and their customers because the court system has gotten so expensive and difficult to navigate. Having fair arbitration gives ordinary people access to justice that they otherwise might not have."
But Tony Lathrop, a member at Moore & Van Allen, notes that "in-house counsel's wheels started turning" after Concepcion. "They started thinking about revising their agreements wherever they could," he says.
For instance, by including arbitration clauses and class action waivers in agreements with employees and independent contractors, companies could safeguard themselves from employee class actions.
So far, this concept has induced its fair share of litigation.
In Raniere v. Citigroup, a group of former Citi loan officers brought a Fair Labor Standards Act (FLSA) collective action against Citi, claiming the bank had misclassified them as exempt employees and had unlawfully denied them overtime pay. Citi contended that its employment agreement barred collective actions. But the U.S. District Court for the Southern District of New York decided in November 2011 that FLSA collective action waivers are unenforceable.
The National Labor Relations Board (NLRB) also has limited Concepcion's reach in the employment context. In January, it held that a class action waiver in an employment contract was unenforceable under the National Labor Relations Act (NLRA). The case, D.R. Horton, concerned an arbitration agreement and class action waiver that homebuilder D.R. Horton required its employees to sign as a condition of their continued employment. The NLRB held that the agreement violated Section 7 of the NLRA, which gives employees the right "to engage in … concerted activities for the purpose of collective bargaining or other mutual aid or protection."
In Chen-Oster v. Goldman Sachs, a group of plaintiffs brought a putative class action against their employer, Goldman, claiming the bank violated Title VII of the Civil Rights Act by discriminating against its female employees. Goldman moved to compel arbitration per its employment contract, and the U.S. District Court for the Southern District of New York denied the motion. After Concepcion, Goldman again filed a motion to compel arbitration, which the district court again denied.
The court reasoned that the case demanded consideration of an issue separate from the one at the heart of Concepcion: "whether the FAA's objectives are also paramount when, as here, rights created by a competing federal statute [the Civil Rights Act] are infringed by an agreement to arbitration." In the end, the court found that Concepcion didn't reach rights secured under Title VII, and it refused to grant Goldman's motion for reconsideration.
There's now a split in the circuits regarding arbitration clauses and class action waivers in contracts. While the 3rd, 5th and 9th Circuits have all broadened the scope of Concepcion, the 2nd Circuit hasn't. On May 29, the 2nd Circuit said it wouldn't rehear a case centered on an arbitration clause that prevents American Express merchant customers from filing antitrust lawsuits against the company. The court had decided in February that the clause violated customers' rights under federal antitrust laws.
Tuteur says the circuit split "suggests to most practitioners that there's going to be another round of Supreme Court arguments about the breadth of Concepcion."
The Patient Protection and Affordable Care Act
The catalyst: When President Obama signed the Patient Protection and Affordable Care Act into law in March 2010, he stirred up a whirlwind of controversy. The legislation effectively overhauls American health care and requires everyone to have minimum health care coverage by 2014 or pay a fee.
Opponents to the law say the federal enforcement of health care is unconstitutional and exceeds the scope of Congress' power.
"The challengers have stuck to the proposition that the government cannot force someone to buy a product of a private marketplace," says Katyal, who oversaw the health care litigation for the Department of Justice (DOJ) while he was acting solicitor general. "The government has responded by saying, 'This isn't really about buying a private product. This is about how you're going to finance a product that everyone is going to consume, which is health care.'"
Dozens of states joined lawsuits opposing the law. And as the cases made their way through the lower courts, both sides pressured the Supreme Court to review the law as soon as possible. The high court finally heard oral arguments for three days in March.
According to argument attendees and news reports, the liberal justices seemed to be in favor of the insurance mandate, but conservative members of the court expressed concern about how much power the government should have to regulate markets. The justices also weighed the issue of severability, or whether the rest of the act can survive if the mandate falls. At press time, the court had not issued a decision. [UPDATE: The Supreme Court reached a decision on June 28.]
The impact: At press time, experts predicted that the high court wouldn't strike down the entire law.
"The act is 2,400 pages long," Katyal says. "It has all sorts of provisions for other things, including setting up health insurance exchanges, funding, medical research and the like. If all of that falls, that would be very significant. It's likely that the court's decision will be limited to the insurance reform aspects of the statute. To the extent that in-house counsel are thinking that other provisions in the act, such as billions of dollars for research, could possibly get struck down, it's unlikely that that's going to happen."
But opinions were varied as to whether the court would decide to independently strike down the insurance mandate.
"Obviously the constitutional question on the individual mandate is going to be close," Katyal says. "The biggest challenge for the court is that Congress has never quite acted in this way before, and so there is an element of novelty."
If the justices were to strike down the insurance mandate, Katyal says, "it would portend the possibility that the Supreme Court and other federal courts would look at other legislation with a critical eye as opposed to a deferential eye."
Social Media litigation
The catalyst: In January, the NLRB issued a report examining 14 recent social media cases. Half of the cases involved questions about employers' social media policies. The board found that five of the policies in question were unlawfully broad, one was lawful, and one was lawful after it was revised.
The other seven cases in the report concerned employees whom companies had discharged after they posted comments to Facebook. "Several discharges were found to be unlawful because they flowed from unlawful policies," NLRB's Acting General Counsel Lafe Solomon said in a statement.
The impact: The report made one thing clear: The NLRB doesn't approve of sweeping social media policies that infringe on employees' rights protected under federal labor laws.
Free-speech proponents, as well as some lawmakers, have balked at some companies' social media rules—particularly those that require prospective or existing employees to disclose their social media login information. In March, Facebook issued a statement saying no one should be "forced to share your private information and communications just to get a job."
Barnes & Thornburg Partner and InsideCounsel.com columnist John Kuenstler wrote in April that "NLRA claims also could be a potential concern arising out of employer requests for applicant login information. Information found on social networking sites regarding an applicant's union affiliations or activities could bolster a refusal to hire claim based on ties to organized labor, just as information regarding an applicant's age could bolster an age discrimination claim."
At InsideCounsel's 12th annual SuperConference in April, in-house counsel discussed ways to best manage corporate social media policies. Kimberly Cilke, deputy general counsel of Go Daddy Operating Co., shared six suggestions for creating effective policies:
1. Include a general disclaimer to indicate Section 7 rights are not infringed, and include specific examples.
2. Limit the policy to communications about company products or services and anti-harassment guidelines.
3. Exclude general information on wages, hours and terms and conditions of employment from the definition of "confidential" information.
4. It's OK to ban "maliciously false" communications that intend to harm the company and co-workers.
5. Indicate restrictions on use of company logos and trademarks.
6. Consider separate social media policies for employees' general use and for when they're representing the company.
FCPA crackdowns
The catalyst: In the fall of 2010, the U.S. Chamber of Commerce issued a report telling the DOJ it must file more Foreign Corrupt Practices Act (FCPA) cases in order to shine more light on the agency's broad definition of who constitutes as a "foreign official" under the act. The FCPA prohibits bribing such entities for business or financial benefits.
The impact: The DOJ has since aggressively brought FCPA actions against some well-known corporations.
On Jan. 2, Germany-based Deutsche Telekom AG agreed to pay more than $95 million to settle U.S. criminal and civil charges claiming it violated the FCPA by bribing officials in Macedonia and Montenegro.
And on March 26, medical device company Biomet Inc. agreed to pay more than $22 million to settle charges related to FCPA violations in Argentina, Brazil and China. The case lambasted the company's top officials and auditors for not catching and stopping more than $1.1 million in bribes.
Another prominent FCPA case began in the fall of 2011, when the DOJ began investigating Avon Products Inc. The case is ongoing and centers on allegations that employees in China may have paid hundreds of thousands of dollars to bribe Chinese officials.
Avon shareholders have filed a suit against the company, claiming the head of the internal audit department received a larger severance package upon his termination because he threatened to reveal evidence of Avon's bribery.
Avon has terminated several high-ranking executives since the probe began. Andrea Jung also has stepped down from her 12-year reign as the company's CEO. According to the Wall Street Journal, Avon last year alone spent $93.9 million on legal fees associated with the FCPA investigations.
But the world's largest retailer—Wal-Mart Stores Inc.—is at the center of the most high-profile bribery scandal of the past year. In April, news broke that the company allegedly covered up $24 million in bribes that its Mexican subsidiary paid to expand its Latin American business. At press time, the DOJ was still investigating the allegations.
In light of these cases, businesses are entreating the government to more clearly define the term "foreign official." Fortunately, answers could come soon.
Last fall, a Florida district court delivered the longest FCPA prison sentence in history. The court sentenced Joel Esquenazi, the former president of Terra Telecommunications Corp., to 15 years in prison for authorizing nearly $1 million in illegal payments to officials in Haiti. In May, Esquenazi filed an appeal to the 11th Circuit challenging his conviction.
Until the 11th Circuit addresses the issue, in-house counsel should peruse an interactive website that The Mintz Group, an international investigative services firm, developed this past November. The site, FCPAmap.com, features a map that allows users to pinpoint the locations of bribes that led to FCPA penalties around the world.
Mexico's class action law
The catalyst: A historic law went into effect this past spring that will for the first time allow consumers to bring class action lawsuits in Mexico.
Under the law, groups of at least 30 people can obtain restitution or compensation of damages, and injunctive relief, through consumer products and services claims, environmental claims and some financial services and antitrust claims.
The law divides claims into three categories of class actions. The first type—diffuse actions—protect the general rights of society. The second type—collective actions—protect the rights of a group of people linked by noncontractual relationships. And the third type—homogenous individual rights class actions—protect the rights of individuals linked by contractual relationships. Because Mexico's collective and homogeneous individual rights actions are opt-in, consumers can join a class up to 18 months after a case's final judgment or settlement.
The impact: Before the law went into effect, some lawyers predicted that companies operating in Mexico would see an increase in litigation.
Dechert Partner Sean Wajert told InsideCounsel in November 2011 that some U.S. lawyers speculated that Mexico's generous opt-in period would create a "piling-on effect" in which droves of eligible class members would join classes that courts had certified, making it difficult for companies to estimate class sizes, damages and litigation costs.
But companies operating in Mexico are still holding their breath for the foretold uptick in lawsuits. At press time, plaintiffs had yet to file any class actions in Mexico.
Meanwhile, as they anticipate future suits, lawyers worry about the short time frame in which defendants must submit their arguments and evidence, as well as the small five-day period in which they must take a position as to whether a class should be admissible. Additionally, parties only have a 60- to 80-day discovery period before trial, and trials can't exceed 40 days.
"That gives the defendant very limited options in terms of timing as to produce a solid defense," Chadbourne & Parke Partner Luis Enrique Graham told InsideCounsel in November 2011.
As plaintiffs firms could soon begin to test the waters with the new class action law, experts suggest that companies that do business in Mexico should partner with Mexican outside counsel, who can more closely monitor litigation developments.


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Death Notices for Jan. 30, 2014
Norbert B. Bialek, 89, Twin Lakes, died Tuesday at Aurora St. Luke's Medical Center, Milwaukee. Services will be at 10 a.m. Saturday at St. John's Catholic Church, Twin Lakes. Visitation will be from 4 to 8 p.m. Friday at Haase-Lockwood & Associates Funeral Home and Crematory, Twin Lakes.
Joseph "Joe" Ingram, 47, Janesville, formerly of Beloit, died Tuesday at Mercy Hospital and Trauma Center, Janesville. Services will be at 2 p.m. Monday at Hansen-Gravitt Funeral Home, Beloit. Visitation is from 1 p.m. until the time of services Monday at the funeral home.
Dorothy Irene Ladd, 71, Janesville, died Wednesday at home. Services will be at 2 p.m. Sunday at New Life Assembly of God, Janesville. Henke-Clarson Funeral Home, Janesville, is assisting the family.
Michael McGuire, 32, Edgerton, died Tuesday at Mercy Hospital and Trauma Center, Janesville. Services will be at 1 p.m. Saturday at Trinity Lutheran Church, Edgerton. Visitation will be from 11 a.m. until the time of services Saturday at the church. Albrecht Funeral Homes and Cremation Services, Edgerton, is assisting the family.

subset: commoncrawl


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Coast Diamond Charisma Engagement ring LC6004 WC6004
Coast Diamond Charisma Engagement ring LC6004 WC6004
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Metal Type: 14K Rose Gold, 14K White Gold, 14K Yellow Gold
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- Center Stone Shape: Round
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Costello Jewelry Company. Notice of Privacy Practices
Updated November 2, 2016
This statement applies to information about you by Costello Jewelry Company. Costello Jewelry Company respects your privacy and are committed to protecting it through our compliance with this policy.
This policy (together with our terms of use and any other documents referred to in it) describes the personal information that we collect from you, or that you provide on this website and how that information may be used or disclosed by us.


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The website added must lead to a site that contains health and/or medical information.
Your submission will be reviewed and if the site does not contain health and/or medical information, it will be deleted, and you will NOT be notified.
It is also preferred that the website submitted is a primary domain name, without multiple directories or files off of a primary domain. Affiliate sites are likely not listed and you will NOT be notified.
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The Chicago Park District celebrates Valentine's Day in February with numerous dances and parties throughout the city including the traditional daddy-daughter/mommy-son dances. Most events feature recorded music, refreshments, photo opportunities, games and an arts and crafts station.
Many programs are admission free or have nominal entrance fees. Please contact each individual park for additional information.
Click here to watch a video about Valentine's Day events. Following are highlights:
Pre-Valentine's Day Dance
Friday, Feb. 1, 6-10 p.m.
Jesse Owens Park, 8800 S. Clyde Ave., 312-747-6709
Admission $7, ages 13-17
Teen Connection presents an evening of dancing, games and more.
Family Valentine's Day Dance
Friday, Feb. 1, 7-8:30 p.m.
Portage Park, 4100 N. Long Ave., 773-685-7235
Admission $5, all ages
The Horner Park Jazz Band will provide live music for this family event.
Daddy-Daughter/Mother-Son Valentine Dance
Thursday, Feb. 8, 6-8 p.m.
Smith Park, 2526 W. Grand Ave., 312-742-7534
Admission $5 per couple, all ages
Families can enjoy this dance together.
Valentine's Day Dance
Friday, Feb. 8, 6-8 p.m.
Bosley Playground Park, 3044 S. Bonfield St., 312-747-6026
Admission free, all ages
Families can enjoy a dance party.
Daddy-Daughter/Mother-Son Valentine Dance
Friday, Feb. 8, 6:30-8:30 p.m.
Mayfair Park, 4550 W. Sunnyside Ave., 773-685-3361
Admission $5, all ages
This 7th annual dance will feature music, refreshments and photo opportunities.
Valentine's Day Dance
Saturday, Feb. 9, 4:30-7 p.m.
Chicago Women's Park and Gardens, 1801 S. Indiana Ave., 312-328-0823
Admission $10 per child, all ages
Enjoy dancing, games, arts and crafts and more at this party.
Family Valentine's Day Dance
Wednesday, Feb. 13, 5:30-8:30 p.m.
The Park at NTA, 2240 S. Federal St., 312-747-1615
Admission $5, all ages
Familes dance the night away.
Valentine's Day Dance
Thursday, Feb. 14, 4-7 p.m.
Russell Square Park, 3045 E. 83rd St., 312-747-6651
Admission $2, ages 6-12
Kids dance the night away.
Family Fun Valentine's Day Dance
Thursday, Feb. 14, 5-7 p.m.
Stanton Park, 618 W. Scott, 312-742-7896
Admission free, all ages
Familes dance the night away.
Family Valentine's Day Dance
Thursday, Feb. 14, 5:30-7:30 p.m.
Skinner Park, 1331 W. Monroe St., 312-746-5560
Admission $5, ages 3-5 accompanied by an adult
Familes enjoy music, dancing, games and more.
Family Hearts and Crafts
Thursday, Feb. 14, 6-7 p.m.
Armour Square Park, 3309 S. Shields, 312-747-6012
Admission $5, all ages
Get creative at this "hearts" and crafts event.
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Smart meters tackle water conservation
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The worlds water resources are under stress and unequally available. Some regions suffer from drought, other regions from water pollution or worn out distribution networks. For a variety of reasons water stress is a wide spread problem which is only worsening as a growing world population demand their share of food, energy and welfare.
The IBM report, Fixing the Future, confirms the enormous dependency on water in the production of food, industrial goods and energy, and consequently the way out of poverty depends on the availability of necessary water resources. This is illustrated by the fact that it takes 15,000 liters of water to produce just one kg of beef.1
Higher living standards call for a savvier handling of water, including an increased political focus followed up by technological innovation in order to check water waste and strengthen consumer awareness.
Obligatory pricing of water is recognized as one of the efficient means of regulating consumer behavior2.
Information needed
One of the most pressing issues is the enforcement of a precise registering of water consumption as initiatives to conserve water must be based on qualified knowledge in order to be effective. Water saving activities run risk of being futile if the water is wasted elsewhere. In order to identify potential savings and avoid wasting good investment money we need to get a clear picture of consumption patterns.
There are basically two target areas for water saving initiatives: On consumer side clean drinking water is being over-consumed, because it is simply considered to be an unlimited resource, and on utility-side a surprisingly large amount of produced water is wasted in the distribution before it even reaches the consumer.


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On May 15, social network operator Cynk Technology Corp. closed at six cents per share on the stock market. On July 10, Cynk traded at $21.95 for one period during the day, a roughly 36,000 percent increase in under two months. Is Cynk the next big stock to jump on board?
The Securities and Exchange Commission (SEC) says not so fast, my friend. Due to perceived irregularities in the company's stock, the SEC has suspended Cynk from trading.
The SEC announced that it was suspending Cynk "because of concerns regarding the accuracy and adequacy of information in the marketplace and potentially manipulative transactions in CYNK's common stock." Before the SEC's suspension announcement, the stock had also been stopped by the Financial Industry Regulatory Authority. The suspension as currently issued will last until July 24.
Does executive compensation need to be more transparent?
Federal judge dismisses two insider-trading counts against Rengan Rajaratnam
According to Bloomberg, Cynk's meteoric rise had been making a stir among stock analysts. The company appears to have no members, revenue or assets, and the company only had one apparent employee with a base in Belize City, Belize. Because of its questionable nature, many cautioned against the company.
"The issue of stock manipulation, or perceived stock manipulation, particularly in the penny market, is extremely common, and it's a challenge to the regulators," said Jacob Frenkel, securities attorney at Shulman Rogers Gandal Pordy & Ecker PA, to Bloomberg. "Real companies get hurt when the entire space gets tagged as bad because of really bad incidents such as this."
In the company's November 2013 quarterly earnings report — the last it has filed with the SEC — Cynk reported a $1.5 million net loss with no profit for the first nine months of 2013, mostly due to stock-based compensation. Introbiz, Cynk's website, offers the chance to buy contact information for certain people, including celebrities.


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Uniting citizens across party lines
DELAVAN—Here's what we know:�
First, Walworth County has a long tradition of being a Republican stronghold. The last time it supported a Democrat for governor was in 1924.
Second, Move to Amend, the national group working to overturn the Supreme Court decision in Citizens United, is called a non-partisan group, but its list of supporting organizations reads like a progressive roll call.
Third, Ellen Holly spent hours knocking on doors in Elkhorn and Delavan asking for people to sign a petition generated by Move to Amend. Only four people turned her down.
Four people. In Walworth County.
Can we deduce from those numbers that the corporate and union "personhood" is an issue that angers people on both sides of the political fence?
Holly certainly thinks so.
In 2010, in a case that is now referred to as Citizens United, the U.S. Supreme Court ruled that First Amendment rights extended to corporations, nonprofit organizations and labor unions. As a result, corporations, unions and political organizations on both the left and the right could engage in unprecedented "independent expenditures" during the election season.
An "independent expenditure" is spending on behalf of a candidate without his or her knowledge or the knowledge of his or her campaign.
The best examples are the television ads that aren't attributed to a political party or candidate but are attributed to organizations with ambiguous names such as "People for Education" or "Coalition to Protect Democracy and American Values."
The websites for such groups don't always yield more information, and often it's impossible to discover who donated to a group.
When Holly explains it to people, she usually makes up as silly name such as "Citizens for a Happy Friday."
"You don't know who is part of that group," Holly said. "You go to their website and find that their address is only a P.O. box."
And it's often impossible to follow the money trail because such organizations aren't required to disclose who their donors are, Holly said.
The petition Holly and others were circulating called for "Reclaiming democracy from the corrupting effects of undue corporate influence by amending the United States Constitution to establish that:
1. Only human beings, not corporations, unions, nonprofit organizations nor similar associations are entitled to constitutional rights and
2. Money is not speech, and therefore regulating political contributions and spending is not equivalent to limiting political speech."
The petition asks state and federal representatives to enact "resolutions and legislation to advance this effort."
The petition asks that the municipality in question—most recently the city of Delavan—to either adopt the resolution or schedule it for a referendum question on the next ballot.
"People really want to be able to vote on this," Holly said. "They want to go on the record as an individual."
Supporters come from across the political spectrum, she said.
"People are tired of big corporations and money having an unfair influence," she said.
To file a petition for direct legislation, organizers need to collect signatures equal to at least 15 percent of the votes cast in the last gubernatorial election.
On Tuesday, the Delavan City Council agreed to put the resolution on the April ballot. Elkhorn agreed to add it to the spring ballot late last year.
Other municipalities that have agreed to put it on their spring ballot include Edgerton, Waunakee, DeForest, Wauwatosa, Shorewood and Lake Mills.
In the spring, when the weather improves, Holly and others plan to take the Move to Amend to Lake Geneva.


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Low building inventory prompts look at undeveloped land
JANESVILLE—Jeff Helgesen said supply and demand is driving his desire to build four industrial buildings on Janesville's south side and expand another on the east side.
There simply isn't an adequate supply of 100,000-square-foot-plus buildings in Rock County that prospective tenants are looking for, the Janesville developer said.
Beyond the low inventory of existing buildings, Helgesen believes there are few sites available that could be built on that don't include the potential for the costly excavation work he is facing on Janesville's south side.
James Otterstein, Rock County's economic development manager, agrees—to a point.
Otterstein believes sweeping statements should be balanced with the intricacies of local markets, both in terms of quantity and quality of existing buildings and existing land for development.
Existing buildings
Otterstein said Rock County's industrial real estate vacancy rate has dropped in recent years from about 12 percent to 6 percent.
When it comes to buildings of 100,000 square feet, Otterstein said, there's a limited supply of existing facilities that would be considered Class A, those preferred by tenants with national and international customer bases.
Helgesen said he's inventoried southern Wisconsin and found only three existing buildings of that size that tenants would seriously consider. All, he said, are in Dane County.
Otterstein said he would add three others, and they are all in Beloit. A couple of others—one in Janesville and one in Edgerton—would grade out at a lower classification.
Existing sites
While a specific grading system applies to existing buildings, a different system is used to qualify available land, Otterstein said.
Generally, he said, the terms include development site, existing site, certified- or shovel-ready site and pad-ready site.
-- A development site usually refers to acreage that could be pegged for development, but it lacks access to utilities or infrastructure.
Otterstein said these sites often are farm fields in crop production.
"The approval processes, not to mention the installation of the required infrastructure, involves rather significant amounts of planning and resources," he said. "In some instances, these sites can represent a planned unit development that simply hasn't moved forward with formal development because of market conditions.
-- Existing sites are vacant parcels in an existing business or industrial park.
Examples in Janesville include the Kennedy Road Business Park and the East Side Park in the area of Capital Circle and Wuthering Hills Drive, Otterstein said.
"These properties have access to the utility and infrastructure network that feeds the park, and therefore are often characterized as ready-to-build," he said.
-- The next classification involves taking the ready-to-build to a certification or designation level.
"In doing this, the property has successfully documented that any and all obstacles have been researched, removed and/or validated by an independent third party," he said. "This is an exhaustive qualitative and quantitative process … to elevate properties to a higher, more marketable position."
Rock County has four certified shovel-ready sites, including the 276-acre business park just across the Highway 11 bypass from Helgesen's proposed development.
-- The final classification is a pad-ready site.
"When a property reaches this stage, all of the necessary excavation—cuts and fills—and related land preparation activities have taken place," Otterstein said.
The pad-ready model often is a standard offering for parks owned by publicly traded real estate investment trust companies that operate in the largest metropolitan areas, he said.
"Not only are these parks located in premiere geographic locations, they also tend to have direct access to top-notch transportation resources, such as deep water ports, Class I railroads and top-rated air cargo handling facilities," he said.
Otterstein said that while brokers or building owners might squabble about real estate classifications, it's difficult to argue that demand isn't outstripping supply in Rock County.
"There will always be prospective users that have needs and wants that exceed what the local market can satisfy," he said.
With a shrinking supply of Class A space, prospective tenants must decide whether existing Class B or Class C space can meet their needs. If they don't, then it's time for new real estate developments, he said.
"Without question, there's a healthy supply of shovel-ready property in our marketplace," Otterstein said. "The same cannot be said for pad-ready sites, which are an entirely different pathway for the traditional municipal- or village-owned parks that allow developer-of-choice arrangements without imposing any extra financial hurdles."


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The contagious joy of sponsorship
Over the past 9 years, our partnership with Family Christian stores has changed the lives of 150,000 children through sponsorship! Come celebrate this landmark with us this weekend!
Today, Carrie Caddell – administrator for this partnership – tells the story of Jennifer, a Family Christian employee who has found joy through her relationship with a child.
Jennifer's joy is contagious. When you walk into the Family Christian store where she works, the mood is light and uplifting. Worship music plays over the audio system and Jennifer is helping a customer complete a purchase. She begins talking with them about World Vision child sponsorship and tells them her own story …
Since Jennifer Locken started working at Family Christian, she's always had a heart for children. Two years ago, she saw the face of a little 6-year-old girl named Leonor smiling up at her from a World Vision picture folder. What struck her most was that they shared a similar smile, a similar joy. Since the day she sponsored, she has kept Leonor's photo in her car and has prayed for her every day.
Leonor is from El Salvador, where World Vision began working in 1975. Today, donors from the United States support more than 21,500 children through sponsorship programs in El Salvador, which strive to improve access to quality education and provide small business loans for the poorest of the poor.
When Jennifer learned that her colleagues from Family Christian would be visiting Leonor, she asked them to pass on a message from her: to look into Leonor's eyes and tell her "that Jesus loves her and so do I." Jennifer sent them with gifts of school supplies for Leonor and her siblings to share. Jennifer speaks proudly of Leonor's accomplishments: "She's grown so much, she's just so different now. She's just progressing and really learning. It's really amazing."
Through Jennifer's sponsorship, Leonor has grown into a happy, confident little girl. Leonor and her siblings attend the local Kid's Club where she learns about God's love for her—just as Jennifer hoped she would.
Motivated by her relationship with Leonor, Jennifer has helped over 100 children find sponsors through her Family Christian store.
In fact, Jennifer is one of thousands of Family Christian partners who have made a difference in the lives of over 150,000 children through the partnership between Family Christian and World Vision!
On Saturday, February 22 between 11:00 am and 2:00 pm, we'll be celebrating this accomplishment together! Come into the Family Christian store nearest you, enjoy a slice of free cake, and share your sponsorship stories with us.
We're thankful for Family Christian and for so many of you who have participated in changing the lives of children and their families around the world. We look forward to celebrating with you this weekend!


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Milton man douses residential fire with garden hose
MILTON—Milton police are commending a Milton man whose quick thinking and deft use of a garden hose helped avert a house fire Thursday afternoon.
Police Chief Dan Layber says Eddie Berlanga, 22, of Milton drove out of his way to investigate black smoke from what he figured was a house fire at 908 Nelson Ave., then grabbed a garden hose and doused flames on a burning balcony deck attached to the house.
Police said Berlanga reported the fire as soon as he got to the house at about 3 p.m. Thursday, then he got to work putting it out while waiting for emergency crews.
Berlanga, who works at Zumiez in The Janesville Mall, said he was driving along Janesville Street in Milton toward a friend's house when when he saw black smoke rising to the west. He said he drove toward the smoke, and when he got to the house on Nelson Avenue, he called police.
Then he got busy trying to help.
Berlanga said a nearby wooden fence rigged with plastic rope was on fire in a backyard, and it appeared to have spread to a raised, balcony-style deck attached to the house on Nelson Avenue. Berlanga said the fire was relatively small, but was starting to take off.�
"I said, 'Damn, this looks like it's going to keep spreading,'" he said.
Berlanga said he ran to the front of the house and started knocking on the door to warn anybody inside, but nobody came to the door.
Berlanga searched frantically for a garden hose. Before a police officer arrived, Berlanga found a hose tucked in some bushes. He said someone had left the outside faucet turned on, so all he had to do was start spraying the deck.
"I just started spraying it and put the fire out," he said. "The Milton cop who came took over after that and took care of the rest of it. I just told him, 'Cool. Your turn."
When the fire department arrived, a teenage male came out of the house. Berlanga said he thought the teen had been asleep the whole time and the commotion had awakened him.
The teen was unharmed, police said.
A Milton Fire Department official said the department still was looking into the fire Friday and had not determined a definite cause or a damage estimate.
Milton police hailed Berlanga's quick actions, saying he went a beyond the normal call for a citizen reporting a fire.�
"His quick thinking and actions are well above what is expected in such a situation and deserve our community's thanks for a job well done," Layber said in a written statement.
Layber said Berlanga's actions might well have averted a more fully involved house fire.�
"The officer told me it was cool that I helped out," Berlanga said. "Because, you know, most people don't do that. They don't get involved."
Berlanga said that, as a kid, he wanted to be a police officer or fireman. He said it was "cool" handling a de-facto public safety detail for one afternoon, but that he plans to stick with what he does best—his day job as an apparel salesman.


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Milton High School marching band takes field with brass, not helmet and pads
MILTON—As long sunset shadows darkened the Milton High School football field, Nate Pierce stomped down from his perch high on the metal stadium bleachers.
His footfalls echoed across the empty stadium as the Milton High School Redhawk Marching Band regrouped in a modified heart-shaped formation at midfield. Pierce, the marching band's director, stalked across the sidelines and waded into the band's 81-member ranks.
Through a loudspeaker wired to his headset, he barked out orders.
"I could use more trombone and euphonium on that one! Hit that thing! Make me put something in my ears! Peel my face off!" Pierce yelled.
It was 7 p.m. on a Monday, and the band—one of the area's only competitive high school marching bands—had less than two weeks to brush up its field marching routine before the upcoming high school marching band state championship Saturday, Oct. 19, at UW-Whitewater's Perkins Stadium.
At Milton's homecoming football game halftime show the prior Friday night, the band hadn't played loud enough, Pierce said. And at an invitational field show competition in Wauwatosa the following Sunday, the band played too soft and with too little contrast, the contest judges said. It had cost the band points en route to a third-place finish.
It was a good show considering it was one of the first competitions of the year, Pierce said. The band had come a long way from a week earlier, when a quarter of the marchers during practice were gliding in and out of their steps instead of making sharp stops and starts to change their formations.
Even a few days earlier, one trumpet player marched with one hand on his trumpet and the other clutching music and marching notes scribbled on loose-leaf paper. The band now knew the music.
Still, Monday night Pierce sought to tighten the band's marching steps, and moreover, its sound. He wanted the band's heavy brass artillery—the tuba and trumpet sections—to play the crescendos (where the music gradually increases in volume) harder and louder.
He ran the band through an hour of repetitions intended in part to beef up crescendo parts of its seven-minute competition routine. The ranks marched back and forth, playing a salsa-funk version of Bach's "Toccata and Fugue in D minor" faster and harder, like a military company practicing drills.
Pierce socked it to the band, but they gave it right back—and loud. Trumpet and tuba blasts ricocheted off houses east of the field, and the crack of snare drums rattled the stadium seats.
Pierce peeled off his headset and yelled in excitement.���
"Now THAT'S dynamic! THAT'S contrast! I heard it! I heard it!"
The Milton High School marching band is the only high school marching band in Rock County involved in competitive field marching.
In fact, it's one of only about 35 schools in the state that competes in the Wisconsin School Music Association's state marching band championships.
Pierce, a former member of the UW-Madison marching band and the high school's instrumental music teacher, started Milton's marching band from the ground up. Now in its fifth season, the marching band has seen growing support from its booster club. This year, the program was able to buy a trailer to transport its gear.
The band competes in field marching against high schools from across the state. Some of the schools, such as Waukesha South and Wauwatosa East high schools, have competitive marching band programs that have run for decades.�
Last year, the band placed sixth overall out of 10 teams in its division at the state tournament, and in other years, the band's flag color guard has placed third overall.
Emma Davis, a Milton High School senior and one of the marching band's two drum majors—the band's on-field conductors—said she's seen the band transform into a mini-dynasty since she was a freshman.
"It's grown in size, population of band members, but even more in the effort and focus everyone is putting in. It's more and more involved every year," Davis said.����
Leading up to the state tournament, the band performs its routine in full uniform during halftime at home football games and at three or four invitational competitions, which are held mostly on football fields.
But the band also practices five times a week, with a two-hour, on-field practice every Monday night. In August, the band grinds out eight-hour practices at a weeklong camp in the scorching heat. That's when band members first learn the steps, complicated formations and music for their competition routine, which changes every year.
In a week with multiple competitions, Milton's marching band can carry a time commitment of 15 to 20 hours.
That's to perform a seven-minute routine, which for Milton this year is a montage of classical music performed in a formation that starts in a tight heart shape and spreads out to circles, squares and zigzags as the musical themes morph from opera to the Russian movement "The Great Gate of Kiev" from Modest Mussorgsky's Pictures at an Exhibition.
Some school marching band programs run even more hours than Milton, Pierce said.
"Some have dedicated marching band programs where the students just do that, sink or swim, nothing else. We're not like them. I'd say 70 to 90 percent of this band, these kids, they've got AP (advanced placement) classes and they're also in sports and multiple extracurriculars. Our schedule, it's the most I can ask of them," Pierce said.
Davis plays varsity tennis and performs in the school show choir. She's used to running and learning footwork and body control. There are similarities between athletics and being in marching band, Davis said, but she sees marching with an instrument as its own beast.
She pointed out students such as Alex Schroeder, a tuba player for Milton's marching band. Schroeder wears a T-shirt printed with the phrase "Tuba: God's gift to marching band." It's no joke.
"Ever see someone practically running while playing a tuba? It takes not only extreme breath control to play an instrument like that while you're moving but also balance and coordination. It's not that easy," Davis said.
In competitive marching, a panel of eight judges in the field press box scrutinizes every movement and every note. Judges score on technical marching and musicality along with a band's overall visual flair during a routine.
�During a competition routine, one marcher out of tempo, a flat or mushy note or one swing of a trombone out of time with other marchers can cost the marching band points.�
The main difference between Milton's marching band and a competitive sport: There's no second string. Everyone in the band competes during field routines.
"There is no bench. Everybody, senior to freshman, has a spot and a purpose in our band. Say we don't have a second trombone, or we're missing a bass drum for the day—it's bad. You can't keep tempo. So, it's really a codependent team. We need everybody," Davis said.
Ben Robinson, a senior trombone player, has played piano since he was in kindergarten. He also plays varsity soccer.
As a marching trombonist, Robinson has learned to be a low-key part of band's fabric; it's his job to act as the pumping pulse that drives the tempo. It's less flashy than playing solo piano or rushing the goal, but Robinson's grown to appreciate his role.
"It's not like soccer where if you score three goals in a game, you're cool. If you hit the three biggest notes right, it's not cool. You just did your job. That's more important than cool."
Pierce, who recruits marching band members from Milton Middle School, said he's looking to grow the band from 81 members to 100 in the next two years. He's serious about music but more serious about teaching students such as Robinson the art of being an adult.
"I could care less if I ever get a collegiate music major out of this band. What I want is for these kids to develop the skill sets of work ethic and self-discipline. I want to them to have the tools to be successful."
As the marching band readies for another state competition, Robinson said the band's reputation seems to be catching on in Milton.
When the marching band plays halftime at home football games, there are now fans in the front-row bleachers with red and white signs to cheer the band instead of the football team.
"Every year, the applause gets bigger. You hear that home crowd get quieter when we play now. I think we're getting better every year, and people are starting to notice."
UPDATE, OCT. 22, 2013: Click here to see how the band did in the competition.
What: Milton High School Redhawk Marching Band is taking its competitive field marching routine to the Wisconsin School Music Association high school marching band state championship at UW-Whitewater. The Milton marching band will compete against nine other high school marching bands in its division. Dozens of other marching bands compete in the event.
When: Saturday, Oct. 19. Milton's marching band is slated to perform its seven-minute music and marching routine at 6:15 p.m. The event runs from noon to 10:30 p.m. with awards at the end.
Where: Perkins Stadium at UW-Whitewater, 910 Schwager Drive, Whitewater.
Cost: $14 for adults; $7 for children ages 6-17, senior citizens and undergraduate college students with valid ID; free for children 5 and younger.
For more information: Visit wsmamusic.org


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Work in progress: Local nonprofits concerned about proposed law change
JANESVILLE—It sounds like a good thing.
House of Representatives Bill 831, the "Fair Wages for Workers with Disabilities Act of 2013," would no longer allow businesses to pay people with disabilities less than the minimum wage.
What could be wrong with that?
Plenty, according advocates for people with disabilities and nonprofits who work with them.
HR 831 would effectively close sheltered workshop programs, leaving a significant number of people with disabilities without any work at all, advocates say.
"It's the big push coming out of Washington," said Gary Bersell, executive director of KANDU Industries. "It would prohibit the use of Medicaid funds for participants in segregated programs."
Local nonprofits such as Riverfront and KANDU provide "prevocational services" for people with cognitive disabilities and physical disabilities.
Those services range from job coaching in the community to training good work habits such as arriving on time and proper behavior for the workplace. �
They also include a variety of paid work in what the federal government refers to as a "sheltered workshop," a business that allows people with disabilities to work at either piece-rate or at a commensurate wage. These usually are separate businesses, places that cater to and offer other services for people with disabilities.
Sheltered workshops have critics, too.
The National Disability Rights Network issued a report in 2011 called "Segregated and Exploited: The Failure of the Disability Service System to Provide Quality Work."
In 2012, the group applauded a case filed by Disability Rights Oregon on behalf of a group of people who wanted to work in community settings, but "were segregated into sheltered workshops," according to a news release by the National Disability Rights Network.
Although the case was thrown out on a technicality, "the court determined that the plaintiffs have valid claims under Title II of the Americans with Disabilities Act (ADA) and that the integration mandate applies to the provision of employment-related services" the news release said.
For some advocates, the right of disabled people to work in an integrated workplace is similar to the right to live in the community or to be integrated into the public school system.
"The courts have long said it is discrimination to require people with disabilities to live in institutions to receive services," said Curtis Decker, National Disability Rights Network executive director. "It is gratifying to now know people with disabilities can now look to the courts to ensure they do not face the same discrimination in the workplace."
Pay at sheltered workshops is determined by studying similar jobs in the community.
"We do wage studies in the community," Bersell said. "If assemblers in the community are making, say, $10 an hour, and a person with disabilities can do that job at 25 percent (of average speed), then they would make $2.50 an hour."
The goal is to have everyone work in the community, Bersell said.
That usually involves finding a workplace where individuals' skills can be used and providing on-site job coaching.
In the past two years, 94 people from KANDU have been placed in the community, Bersell said.
"We're very proud of that," Bersell said. "But one size doesn't fit all."
Often, even people who work in the community only do so on a part-time basis. On the other days, they return to KANDU for work or other activities.
KANDU and similar workplaces also serve as social networks for people with disabilities.
Bersell worries that if people with disabilities don't have an appropriate place to go during they day, they won't have enough to do "and could get in trouble" and end up in the criminal justice system.
Andy Anselmi is regional director for Riverfront, the La Crosse-based company that provides a variety of services to individuals with disabilities. In Janesville, more than 100 people receive "prevocational services" from the company.
He estimated at least half of the 100 individuals who work at Riverfront will never be able to work in the community.
"They need personal care assistance, they might have medical needs to take care of, such as insulin checks," Anselmi said. "And then there are people who have unique behavioral challenges.
"We do offer unique solutions to address those issues in the community," Anselmi said. "But it's not one size fits all."
John Hanewall, director of Rock County's Developmental Disabilities Board, thinks segregated work places have a role.
"I think that places such as KANDU and Riverfront provide services for these individuals so they can work," Hanewall said. "They're definitely a needed entity."
There aren't enough jobs in the community for people with cognitive disabilities, he said.
And even if there were, many people with developmental disabilities also have physical disabilities.
"Who is going to modify some of these jobs, who is going to develop assistive devices so people can work? Hanewall said. "Is an employer going to be willing to do that? Probably not."


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Death notices for Dec. 14, 2013
Saturday, December 14, 2013
Debra Lee Fye, 50, Janesville, died Thursday at home. Services will be held at a later date. Brian Hansen Funeral Service, Janesville, is assisting the family.
Carol L. Hejhal, 74, Rhinelander, formerly of Darien, died Friday in Rhinelander. Services will be at 11 a.m. Wednesday at Betzer Funeral Home, Delavan.
Darrel J. Manogue, 81, Janesville, died Friday at Rock Haven Nursing Home, Janesville. Services will be private. Visitation will be from 4 to 6 p.m. Monday at Henke-Clarson Funeral Home, Janesville.


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SILC (Secure Internet Live Conferencing) is a protocol which provides secure conferencing and chat services. It can be used to send any kind of messages, in addition to normal text messages, including multimedia messages like images, video, and audio stream. All messages in the SILC network are encrypted and authenticated, and messages can also be digitally signed. SILC protocol supports AES, SHA-1, SHA-2, PKCS#1, PKCS#3, X.509, OpenPGP, and is being developed in the IETF. The software is delivered as SILC Client for end users, SILC Server for system administrators, and SILC Toolkit for application developers.
The SeaMonkey project is a community effort to develop an all-in-one Internet application suite. It contains an Internet browser, email and newsgroup client with an included Web feed reader, HTML editor, IRC chat, and Web development tools, and is sure to appeal to advanced users, Web developers, and corporate users. It uses much of the Mozilla source code powering such successful siblings as Firefox, Thunderbird, Camino, Sunbird, and Miro.
NetPlug is an extensible multi-connections, multi-protocol, network client program, written in pure Tcl/Tk. Includes a complete Irc client plug in that you should love if you like IrcII 'classic' look & feel (plus customizable style/colors scheme, sound,... Now includes full DCC support (with GUI), ircII like aliases and improved scripting (Tcl!), keywords (your nick...) highlighting, and more
Fugu is a standalone, graphical client for the Gale instant messaging system. It is fully featured and supports all common Gale messaging operations. In addition, Fugu features a Windows port, multiple screens for different subscription lists, clickable URLs, thumbnail pictures showing the sender of each message, and configurable notification when new puffs arrive.
tiBot is an automated IRC connection, known as bot, intended to help channel ops manage their channels. There are already alot of other bots out there, but none had all I wanted in a bot, so i decided to build my own. It's currently not usable, but will have several new features in the future. Check the webpage for more information.
Agora is a Web-based, threaded discussion tool, similar to Usenet newsgroups. Agora remembers each user's preferences, and allows threaded, unread-only browsing. It offers the ability to manage several different groups, with different themes, forums, and administrators for each group. Agora offers a basic Web-based ICQ client, as well as a Web-based notes system.
A program to create sound effects and music.
A Linux embedded appliance framework.


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Death notice for March 17, 2014
Gazette staff
Monday, March 17, 2014
Gerald L. Fredrick, 78, Milton, died Sunday at Agrace HospiceCare, Fitchburg. Services will be at 11 a.m. Wednesday at Hope Lutheran Church, Milton. Visitation will be from 4 to 7 p.m. Tuesday at the church, and from 10 a.m. until the time of services Wednesday at the church. Albrecht Funeral Homes & Cremation Services, Milton, is assisting the family.


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Death notices for May 30, 2014
LaVerne E. Doll, 92, Beloit, died Wednesday, at Cedar Crest, Janesville. Services will be at 11:30 a.m. Monday at St. Paul Lutheran Church, Beloit. Visitation will be from 3 to 5 p.m. Sunday at Daley Murphy Wisch & Associates Funeral Home and Crematorium, Beloit.
Dortha Loofboro, 80, formerly of Milton, died Wednesday at Grandview Care Center, Blair. Services will be at 11 a.m. Monday at Seventh Day Baptist Church, Milton. Visitation will be from 4 to 7 p.m. at Albrecht Funeral Homes & Cremation Services, Milton, and from 10 a.m. until the time of services at the church Monday.
Herbert L. Searles, 83, Brodhead, died Wednesday at Woods Crossing, Brodhead. Services will be at 11 a.m. Monday at Brodhead Untied Methodist Church, Brodhead. Visitation will be from 4 to 7 p.m. Sunday at Everson Funeral Home, Brodhead.
John R. VanKirk, 75, Janesville, died Wednesday at home. Private services will be held at a later date. Schneider Apfel Schneider & Schneider Funeral Home and Crematory, Janesville, is assisting the family.


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Catharan Ann Burchfield, Janesville, WI (1971-2014)
August 18, 1971 - March 23, 2014
Catheran Ann Burchfield, age 42, of Janesville, died on Sunday, March 23, 2014, at home. She was born in Elkhorn, on Aug. 18, 1971, the daughter of Richard Culver and Barbara (Schuldt) Garbe. She had been employed by Casey's General Store, and was a former member of St. Patrick's Catholic Church. Catheran loved to cross-stitch, talk on the phone and spend time with her family.
Catheran is survived by her son, Thomas (Tiffany Daniels) Burchfield of Janesville; her mother, Barbara (James) Garbe of Janesville; five siblings: Christina Culver of Janesville, Mary (Bruce) Houk of Jefferson, Rick (Kashia) Culver of Kearney, MO, Mandy (JR) Ames of Orfordville and Alicia Culver of Beloit; significant other, Mike Wadel of Janesville; nieces, nephews, other relatives and friends. She was preceded in death by her father, grandparents, and three uncles.
A Memorial Service will be held at 11 a.m. on Thursday, March 27, 2014, at SCHNEIDER APFEL SCHNEIDER & SCHNEIDER FUNERAL HOME & CREMATORY with Deacon John Houseman officiating. A visitation will be held on Thursday from 9:30 until 11 a.m. at SCHNEIDER APFEL SCHNEIDER & SCHNEIDER FUNERAL HOME. In lieu of flowers, memorials may be made to the family. For on-line condolences and registry: www.schneiderfuneraldirectors.com
A special thank you to Mercy Hospice,especially Tracy Weston for her loving care.


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Reconciling Faith with Evolution
Discussion of everything related to the Theory of Evolution.
Moderator: BioTeam
Reconciling Faith with Evolution
"Killing,stealing,cheating,raping". Natural Selection has given us these traits so as to survive and procreate. Communal living means having to control these traits. Laws and Rules of behavior attempt to do just that.
Laws are not permanent however and only obey national boundaries. "Moral codes" or "God-given laws" are more substantial and not so easy to disobey.
Could Natural Selection have favored those societies with supernatural beliefs over those with no beliefs? Are Moral Codes better than simple Laws
for the survival of primitive societies?
If so, then belief in the supernatural could well be in our genome.
Are you certain about your first statement? Evolutionarily Stable Strategy Theory suggests otherwise: that only a small proportion of any given population can behave in this way or the population crumbles i.e. becomes less fit.
You can't propagate a species using just these traits. Look at certain fish, with the alpha male and the satellite males. A population of just satellite males would quickly cease to continue, or selection would favour the development of an alpha male.
Lots of law is based on these ideas
"What are humans if they don't learn at University? Animals, yes."
^^One of my ex-girlfriends said that. I stress the ex part.
Are you saying that only a few humans can "Kill,steal,rape"? I would disagree and say that we all have this capability and that many other animals have it as well. It is so common that I cannot imagine that these traits have not been selected for some benefit by Natural selection.
Of course society would collapse if we all allowed full expression of this potential, that is why I am suggesting that laws and moral codes have to be put in place. javascript:emoticon(':D')
Perhaps satellite fish have some other benefit - (I am not into fish)
Re: Reconciling Faith with Evolution
Oh man just wait until Charles sees this...
Anyhow, regarding this question:
Can you think of an example of any society that hasn't had some sort of religion? I can think of a few more modern ones that have attempted to eradicate religion... unsuccessfully, but none that naturally had no religion. If you know of any, please let me know.
As for the rest: I think it's reasonable to hypothesize that the capacity for culture and religion arise from our genetics. However, culture and religion are such complex issues... Really you'd need a team of phD Anthropologists and Ecologists to get some conclusive answers, and even then... I dunno, it's just such a huge topic.
What did the parasitic Candiru fish say when it finally found a host? - - "Urethra!!"
Re: Reconciling Faith with Evolution
I agree; religious belief certainly does seem to give an evolutionary advantage. And you might want to add quite a few theologians (preferably from several different religions) to your team of anthropologists and ecologists.
Generally speaking, the more people talk about "being saved," the further away they actually are from true salvation.
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The way genovese managed to mangle my post all hinged on the word 'can'. English is such a delightful language.
"What are humans if they don't learn at University? Animals, yes."
^^One of my ex-girlfriends said that. I stress the ex part.
I prefer French, though I have been away from home so long that I fear I am forgetting the language.
Generally speaking, the more people talk about "being saved," the further away they actually are from true salvation.
#2 Total Post Count
Your point about genes responsible for psychological behaviors have been documented in some cases through family studies. The specific gene(s) in question for specific behavior(s) have not been identified. Perhaps this is a good idea of research. I personally would be interested if there was a way or a drug to say... inhibit a particular gene/protein that causes violence and aggression in criminals, it would be great.
As far as causing beliefs in God, no idea.
I think that no particular DNA sequence codes for such things as anger, fear, aggression, sexuality, etc. I think that there are many factors contributing to the comlexity of human behavior. It is an interesting topic, to be sure.
What did the parasitic Candiru fish say when it finally found a host? - - "Urethra!!"
It's not just genetics that determine your nature; training and conditioning can influence that as well. As an ex-Marine, I notice I still have tendencies to respond to certain situations with aggression and violence. The Marine Corps trained me to act that way and it's stayed with me into civilian life.
For most criminals, though, I think a lot of it has to do with how they were brought up and the kind of life they were born into. When I worked as a cable installer, I saw first-hand the horrible conditions in some of the poorer neighborhoods where children quite literally beat up smaller kids simply for amusement. I can understand why an upbringing like that would cause a person to be violent or otherwise prone to crime.
Generally speaking, the more people talk about "being saved," the further away they actually are from true salvation.
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The KMC X9-SL Bicycle Chain - 9 Speed features an extra stretch proof hollow pin, with weight and chain suck reduction.
Key Features:
For more information on how to keep your bike running smoothly, click here to see PBK's expert advice on taking care of your chains and cassettes.
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Simmons CEO gets added duties
HOFFMAN ESTATES, Ill.--The chief executive officer of a bedding manufacturer in Janesville has been given added responsibilities.
Gary Fazio, the current CEO of Simmons Bedding, will become the CEO of the Serta Simmons Holdings.
He will be responsible for overseeing both the Serta and Simmons businesses, which will continue to maintain separate product development, marketing and sales divisions.
Fazio has 41 years of bedding manufacturing and retail experience. He joined Simmons in 2010 after the company's restructuring. Prior to joining Simmons, he was the CEO of Mattress Firm for nine years before being named chairman in 2010.
"We have great people at Serta and Simmons," he said. "Together we will continue to lead the industry delivering innovative products, investing in all of our brands and providing differentiated services to our channel partners and end consumers."
Fazio assumed the responsibilities for Serta after CEO Bob Sherman decided to leave the company to pursue other interests.
Simmons's largest plant is in Janesville. The company has 18 other manufacturing facilities in the United States, Canada and Puerto Rico.
Last year, the Boston-based private equity firm of Advent International bought a majority interest in AOT Bedding Super Holdings, the parent company of both Simmons and Serta.
Simmons and Serta are managed jointly by the board of directors of their holding company and maintain separate sales, marketing, merchandising and customer-specific product design functions.


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Behavioral Activation and HIV Risk Reduction for Men Who Have Sex With Men With Crystal Meth Abuse
The recruitment status of this study is unknown. The completion date has passed and the status has not been verified in more than two years.
Verified May 2012 by Matthew James Mimiaga, Massachusetts General Hospital.
Recruitment status was: Recruiting
Recruitment status was: Recruiting
Massachusetts General Hospital
ClinicalTrials.gov Identifier:
First Posted: December 7, 2010
Last Update Posted: June 1, 2012
Fenway Community Health
Information provided by (Responsible Party):
Matthew James Mimiaga, Massachusetts General Hospital
- Full Text View
- Tabular View
- No Study Results Posted
- Disclaimer
- How to Read a Study Record
Detailed Description:
The purpose of this study is to research a new behavioral treatment to reduce sexual risk-taking in men who have sex with men (MSM) who abuse crystal methamphetamine (crystal meth), and are at risk for HIV acquisition. This study proposes using a treatment based on our original pilot study that incorporates risk reduction and behavioral activation therapy. In order to help learn what types of treatment programs best help individuals who abuse crystal meth and engage in sexual risk-taking, we will compare our treatment to a control group. The treatment group will receive therapy incorporating behavioral risk reduction counseling with behavioral activation therapy to treat depression, helping individuals reengage in their life. The control group will receive the risk reduction counseling without the behavioral activation therapy. The current study hopes to explore the efficacy of this previous developed treatment in a two-arm pilot randomized controlled trial.
|Crystal Methamphetamine Abuse Crystal Methamphetamine Dependence
|Behavioral: Behavioral Activation Therapy and Risk Reduction Counseling (BAT-RR) Behavioral: Information, Motivation, Behavioral skills change approach to sexual risk reduction
|Phase 1
|Study Type:
|Study Design:
|Allocation: Randomized
Intervention Model: Parallel Assignment
Masking: Single (Outcomes Assessor)
Primary Purpose: Treatment
|Official Title:
|Behavioral Activation and HIV Risk Reduction for MSM With Crystal Methamphetamine Abuse
Resource links provided by NLM:
MedlinePlus related topics: HIV/AIDS MethamphetamineU.S. FDA Resources
Further study details as provided by Matthew James Mimiaga, Massachusetts General Hospital:
Primary Outcome Measures:
- Change in sexual risk [ Time Frame: Baseline and three months post-treatment; baseline and six months post-treatment ]We will ask about number of unprotected and protected insertive and receptive anal, vaginal and oral sex acts with male and female sex partners separately for HIV seropositive, seronegative, and partners of unknown HIV status with questions from measures used in previous studies. We will use this to calculate the ratio of protected to unprotected acts, by serostatus partner, and by whether or not crystal meth was being used before or during sex. Baseline and three and six-month follow-up assessments will assess sexual risk taking in the previous 3-months to the assessment being completed.
Secondary Outcome Measures:
- Change in crystal methamphetamine use [ Time Frame: Baseline and three months post-treatment; baseline and six months post-treatment ]For the present study, we will administer relevant sections of the Drug and Alcohol sections of the NIDA-CTN Addictions Severity Index Lite (ASI-Lite). We will use this methodology to determine the number of days of drug use, specifically crystal meth, and the number of distinct crystal meth episodes between study assessment visits (i.e., separate crystal meth binges).In addition to the ASI-Lite, we will also collect participant self-report measures of substance use via the ACASI. We have adapted and will also use the CDC's National HIV Behavioral Surveillance Survey, MSM cycle.
|Estimated Enrollment:
|Study Start Date:
|January 2011
|Estimated Study Completion Date:
|December 2013
|Estimated Primary Completion Date:
|December 2013 (Final data collection date for primary outcome measure)
|Assigned Interventions
Active Comparator: Information, Motivation, Behavioral skills
The comparison condition will only receive the two IMB risk reduction sessions. The intervention will begin with modules that focus directly with sexual risk reduction practices. It will begin with a discussion of one's sexual history, sexual risk limits, and barriers (e.g., motivation or skills) to staying in their sexual risk limits. This session will also involve a Q&A discussion and the use of a fact sheet regarding HIV acquisition risk behaviors (information). The next session will involve motivational interviewing and the formulation of an individualized behavioral skills plan as needed.
Behavioral: Information, Motivation, Behavioral skills change approach to sexual risk reduction
The comparison condition will only receive the two IMB risk reduction sessions.
Experimental: Behavioral Activation Therapy and Risk Reduction Counseling
This intervention is given to patients in the experimental condition only and is comprised of 10 sessions—1 baseline session focused on orienting and rationale, 2 focused on risk reduction (consistent with the IMB model: information, motivation, and behavioral skills), 6 incorporating behavioral activation therapy/risk reduction counseling, and 1 final session on relapse prevention. Each session will last approximately fifty minutes in length; and will also involve a review of the previous materials,and hence the behavioral activation approach will be woven back into the risk reduction content.
Behavioral: Behavioral Activation Therapy and Risk Reduction Counseling (BAT-RR)
This intervention is given to patients in the experimental condition only and is comprised of 10 sessions.
Detailed Description:
- To estimate, in a two-arm pilot randomized controlled trial (RCT), the effect size of the proposed intervention on reductions in sexual risk taking and crystal meth use. The primary outcome is the number of unprotected anal sex acts and a secondary outcome is reduction in crystal meth use episodes over the follow up period.
- To explore the degree to which improvements in sexual risk taking are associated with the conceptual mediators of the effects of the intervention: reductions in crystal meth use and increases in pleasurable (but safe) activities, BAT skills, use of risk reduction skills, and reductions in depressed mood.
Information from the National Library of Medicine
Choosing to participate in a study is an important personal decision. Talk with your doctor and family members or friends about deciding to join a study. To learn more about this study, you or your doctor may contact the study research staff using the contacts provided below. For general information, Learn About Clinical Studies.
|Ages Eligible for Study:
|18 Years and older (Adult, Senior)
|Sexes Eligible for Study:
|Accepts Healthy Volunteers:
Inclusion Criteria:
- Age: 18 years or older
- Self-reports as a man who has sex with men
- HIV-uninfected and verifies serostatus at baseline (HIV antibody testing and positive tests will be confirmed by Western Blots; see Human Subjects for operational aspects)
- Meets DSM-IV diagnostic criteria for crystal meth abuse/dependence
- Self reported unprotected anal intercourse—receptive or insertive—with a non-monogamous male sexual partner, while concurrently using crystal meth (use of meth must be a few hours prior to, or during, sex) in the prior three months
Exclusion Criteria:
- Unable to provide informed consent due to severe mental or physical illness, or substance intoxication at the time of interview
- Has lived in the greater Boston area for three months or less (as a means to enhance participant retention)
- Discovery of active suicidal ideation at the time of interview (these patients will be referred immediately for treatment, but may join the study when this is resolved)
Contacts and Locations
Information from the National Library of Medicine
To learn more about this study, you or your doctor may contact the study research staff using the contact information provided by the sponsor.
To learn more about this study, you or your doctor may contact the study research staff using the contact information provided by the sponsor.
Please refer to this study by its ClinicalTrials.gov identifier (NCT number): NCT01255280
Please refer to this study by its ClinicalTrials.gov identifier (NCT number): NCT01255280
|Contact: Matthew Mimiaga, ScD, MPH
|Contact: Janna Gordon
|United States, Massachusetts
|Fenway Community Health
|Boston, Massachusetts, United States, 02215
|Contact: Jaclyn White, MPH 617-927-6101 email@example.com
Sponsors and Collaborators
Massachusetts General Hospital
Fenway Community Health
|Principal Investigator:
|Matthew Mimiaga, ScD
|Fenway Community Health and Massachusetts General Hospital/Harvard Medical School
More Information
Keywords provided by Matthew James Mimiaga, Massachusetts General Hospital:
Additional relevant MeSH terms:
Rajasingham R, Mimiaga MJ, White JM, Pinkston MM, Baden RP, Mitty JA. A systematic review of behavioral and treatment outcome studies among HIV-infected men who have sex with men who abuse crystal methamphetamine. AIDS Patient Care STDS. 2012 Jan;26(1):36-52. doi: 10.1089/apc.2011.0153. Epub 2011 Nov 9. Review.
|Responsible Party:
|Matthew James Mimiaga, Assistant Professor, Massachusetts General Hospital
|ClinicalTrials.gov Identifier:
|NCT01255280 History of Changes
|Other Study ID Numbers:
|First Submitted:
|December 3, 2010
|First Posted:
|December 7, 2010
|Last Update Posted:
|June 1, 2012
|Last Verified:
|May 2012
Keywords provided by Matthew James Mimiaga, Massachusetts General Hospital:
Crystal methamphetamine abuse
Crystal methamphetamine dependence
Sexual risk behavior
Men who have sex with men (MSM)
Behavioral activation
Additional relevant MeSH terms:
Central Nervous System Stimulants
Physiological Effects of Drugs
Autonomic Agents
Peripheral Nervous System Agents
Dopamine Agents
Neurotransmitter Agents
Molecular Mechanisms of Pharmacological Action
Adrenergic Agents
Adrenergic Uptake Inhibitors
Neurotransmitter Uptake Inhibitors
Membrane Transport Modulators
Dopamine Uptake Inhibitors


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Steven Walters: Gov. Walker planning for 'Happy Days' speech
It's rare for governors' State of the State speeches to have theme songs. But Republican Gov. Scott Walker's fourth annual update Wednesday will stop just short of asking legislators, Supreme Court justices and other state officials to sing along.
"Happy days are here again…"
Copyrighted in 1929, the song has been featured in dozens of movies and emerged as an unofficial anthem for—ironically—Democratic candidates since campaign advisers to President Franklin D. Roosevelt played it at the party's 1932 national convention.
"The skies above are clear again…"
Why will Walker enter the Assembly chamber shortly after 7 p.m. Wednesday whistling that tune?
Because, nine months before Nov. 4, when he hopes to win a second term as governor, Walker will be able to propose a new round of income and property tax cuts. And Republicans who control the Legislature could quickly adopt the governor's recommendations and go home and brag to voters.
"Let us sing a song of cheer again…"
Thursday, the Legislative Fiscal Bureau reported that the general-fund tax surplus would be $911 million higher by mid-2015.
Between now and March, Walker and Republicans who control the Legislature will have to decide whether to use all of that $911 million, or most of it, in the next round of tax cuts and exactly how much to return to taxpayers.
If you're wondering how much $911 million is, here's a comparison: Raising the 5 percent state sales tax to 6 percent would bring in an additional $880 million each year.
"Happy days are here again…"
The upbeat tone of Walker's 2014 speech will be the opposite of his first State of the State speech on Feb. 1, 2011:
"We have an economic and fiscal crisis in this state that demands our immediate attention. The solutions we offer must be designed to address both job creation and our budget problems. … We will show that we will make the tough decisions now to lay the foundation for future economic growth."
Wednesday, the governor will say the "tough" choices of the last three years cleared the way for the election-year budget surplus.
"Altogether shout it now…"
When Walker outlines his new tax cuts Wednesday, Republican leaders such as Speaker Robin Vos will lead the cheering.
"Republicans believe the money should be spent by families back home," Vos said last week.
Senate Majority Leader Scott Fitzgerald is also likely to applaud because he recently said in a WisconsinEye interview that Walker's trial-balloon goal of abolishing the $7.49 billion personal income tax was "not realistic." The property tax is much more unpopular than the income tax, Fitzgerald added.
"There's no one who can doubt it now…"
Budget purists—such as Todd Berry, president of the Wisconsin Taxpayers Alliance—suggest other uses of the surplus.
"One good-government alternative for using new-found cash is to 'buy back' or 'undo' some of these past accounting tricks," Berry said. "Paying for some state spending items in the current fiscal year, rather than delaying payment until the following year, would reverse poor budgetary decisions of past years."
But Berry, bloodied by decades of budget wars, knows his idea is a nonstarter.
So is the suggestion of Andrea Kaminiski of the League of Women Voters:
"It is smarter to use these funds to pay down the debt the state has incurred over the years by repeatedly borrowing money to balance the budget. … Tax cuts have not proven to be effective at boosting a sagging economy."
"So let us tell the world about it now…"
Walker will use the $911 million budget surplus to try and deflect the Democrats' chief criticism: He will fall far, far short of his promise to create 250,000 new private-sector jobs by 2015.
Assembly Democratic Leader Peter Barca, for example, had another message for the world on the day the higher surplus was announced:
"The current Republican approach has dropped Wisconsin from 11th to 37th in job creation. …
"The governor has indicated he wants to spend much of the projected surplus on tax breaks. If this is anything like the Republicans' past tax plans, it will primarily benefit the wealthy and not have an impact on most Wisconsin families."
"Happy days are here again."
Are they? In Wisconsin politics, nine months are an eternity.
Steven Walters is a senior producer for the nonprofit public affairs channel WisconsinEye. Email email@example.com.


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Teagan Kathleen-Jee Nolan, Milton, WI (1995-2014)
August 10 , 1995 - March 5, 2014
Teagan Kathleen-Jee Nolan, 18, of Milton, passed away in a tragic car accident on Wednesday, March 5, 2014, just east of Milton. Teagan was born on Aug. 10, 1995, in Seoul, South Korea, and adopted by her eternally loving parents, Glenn and Debbie (Bruneel) Nolan. Teagan was a graduate of Milton High School in 2013, and was attending UW-Whitewater, where she was a member of the Alpha Sigma Sorority. Teagan worked at McDondalds and American Eagle Outfitters and had recently accepted a job at the Coach outlet store in Johnson's Creek. She was a member of FBLA (Future Business Leaders of America) for four years, Cross Country for four years while in High School. She also volunteered and was a part of Peer Tutoring. She was also a member of the National Honor Society, Link Crew, Key Club, Yoga Club, Forensics and History Club. Teagan was also a gifted musician and played violin with the Suzuki Strings of Madison, since she was three years old. She toured to Puerto Rico, Washington D.C., Vancouver B.C., and various locations throughout Wisconsin.
Teagan is survived by her parents, Glenn and Debbie of Milton, WI; brother, Ryan and (Natalie) Nolan of Sheboygan, WI; grandmother, Joy Nolan of Kalamazoo, MI; aunts and uncles: Glenda Wolf of Kalamazoo, MI, Douglas Nolan of Saudi Arabia, Jim Bruneel and John Bruneel of Battle Creek, MI; cousins: Sarah, Pete, Lucas, Lisa, Valerie, Tim, Jamie, Becky, David; and many close friends. She was preceded in death by her maternal grandparents, James and Janie Bruneel: paternal grandfather, Lewis Nolan; an uncle, David Nolan; and her loving great-aunt, Jessie Quinn.
Funeral services will be held at 11 a.m. on Tuesday, March 11, 2014, at ST. MARY CATHOLIC CHURCH, Milton. Visitation will be held on Monday, March 10, 2014, at the ALBRECHT FUNERAL HOMES & CREMATION SERVICES, Milton, from 4 until 8 p.m. and from 9 a.m. until the start of the service at the CHURCH on Tuesday. In lieu of flowers, memorials may be made in Teagan's name to the Rock County Humane Society to honor her love of animals.
"Together forever never apart….maybe in distance,
but never in heart."
Albrecht Funeral Homes & Cremation Services, Milton
828 S. Janesville St., 608-868-2542


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The Commodity Futures Trading Commission (CFTC) sued former MF Global Holdings Ltd. Chief Executive Officer Jon Corzine for failing to properly oversee the company as it spiraled toward bankruptcy in 2011. The regulator also sued MF Global's former assistant treasurer Edith O'Brien and said it reached a settlement with subsidiary MF Global Inc. to pay all funds due to customers and impose a $100 million penalty. That settlement is subject to court approval.
"Turning a profit is not the only job of the person at the top of a CFTC-regulated firm," CFTC Enforcement Director David Meister said in a statement on the regulator's website. "Particularly in times of crisis, the person in control, like the CEO here, must do what's necessary to prevent unlawful uses of customer money, so that customers' money is still there if and when the music stops."
MF Global's collapse led to billions of dollars in missing client funds at the broker dealer and the eighth-biggest bankruptcy in U.S. history.
Corzine, who served as a senator and governor from New Jersey and was once a co-chairman of Goldman Sachs Group Inc., presided over MF Global before it filed for bankruptcy on Oct. 31, 2011. Wrong-way $6.3 billion trades on bonds of some of Europe's most-indebted nations helped destroy the company and its brokerage unit, MF Global Inc., which listed assets of $41 billion and debt of $39.7 billion in its Chapter 11 filing.
Corzine, 66, has been faulted by Congressional lawmakers, former customers who have named him in a class-action lawsuit, and the trustees overseeing the wind-down of MF Global. The Federal Bureau of Investigation also started a probe of the events leading to the bankruptcy, when as much as $1.6 billion in client funds went missing. No charges have been filed in the case.
"I think Corzine clearly has to decide whether to fight to the end or make a quick exit and resolve the matter," said Michael Weinstein, a former trial attorney with the U.S. Department of Justice. Weinstein, speaking before the lawsuit was filed, said Corzine's defense may include an argument that the regulator is suing for political reasons rather than trying to resolve a dispute.
'Intense Emotion'
Corzine wasn't informed that customer funds were at risk or were being used improperly, and there is no evidence that he failed to work with management to try and turn around a failing company, Corzine spokesman Steve Goldberg said in a statement before the complaint was filed.
"Although the intense emotion and anger expressed by individuals who were affected by the collapse of MF Global is compelling and not to be understated, justice would not be served if Mr. Corzine were to be blamed for alleged mistakes that were made without his knowledge and that he did not cause or direct," Goldberg said.
He cited CFTC comments from as early as November 2011 that blamed Corzine as evidence that the agency is bowing to "political pressure to hold someone liable for the failure of MF Global."
The CFTC has itself been blamed at times for contributing to MF Global's downfall. The regulator, chaired by Corzine's ex-Goldman Sachs colleague Gary Gensler at the time of MF Global's collapse, failed to coordinate with the Securities and Exchange Commission (SEC), according to a 101-page report last November by U.S. House Republicans.
The report faulted Corzine's leadership at MF Global and said the CFTC also didn't inform the SEC that the broker was using an alternative method for calculating customer funds.
The SEC didn't include the CFTC in several meetings in 2011 about the brokerage's capital and business strategy that would have been helpful for oversight, according to the report.
The current lawsuit shows the CFTC is flexing its enforcement muscle, which it has been doing more often since former federal prosecutor David Meister joined the agency in 2010, said Weinstein, of chairman of Cole Schotz's white collar practice in Hackensack, New Jersey.
"This is a watershed moment for them, in how they want to be perceived in the marketplace," he said of the regulator.
Ignoring Deficiencies
Corzine has also been sued along with senior executives Bradley Abelow and Henri Steenkamp in U.S. Bankruptcy Court by Louis J. Freeh, a trustee winding down the brokerage. Freeh alleged in the complaint that they failed to act in good faith and implemented strategies that caused the company to fail. It seeks unspecified damages to be determined at trial, as well as legal fees.
Freeh blamed Corzine and his management team for bungling an expansion of the company's traditional business model while ignoring deficiencies in its risk controls. Corzine hired Chief Operating Officer Abelow, who was once his chief of staff as governor, and favored Steenkamp over then-CFO Randy McDonald, the lawsuit said.
Corzine, a Democrat, has testified before Congress that he never gave any instruction to misuse customer funds. He also said he didn't believe anything he said could reasonably have been interpreted as an instruction to misuse customer funds.
Corzine joined MF Global in March 2010, when it was already suffering as it depended on interest rates for revenues at a time when rates were declining. As Corzine moved to convert it into a full-service broker dealer and investment bank, setting up a proprietary trading desk, he didn't improve already deficient controls, according to Freeh's complaint against Corzine.
Under his leadership, MF Global's position in European investments increased from $400 million in mid-September 2010 to $8.3 billion at the end of August 2011. The company's struggles were exacerbated by MF Global's method of accounting for such trades, according to Freeh's report.
Before joining MF Global, Corzine spent 24 years at New York-based Goldman Sachs, becoming co-head of the firm with Henry Paulson, who later became the U.S. Treasury secretary. He also spent five years in Washington, and served as New Jersey's governor from 2006 to 2009.
Whether he can return to Wall Street after MF Global may come down to whether he faces a trading ban as a result of the CFTC's action, Weinstein said.
"People reinvent themselves on Wall Street all the time," Weinstein said. "It's about whether you can make money."