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Why L.A.'s school district might sue Apple by Ben Geier @FortuneMagazine April 16, 2015, 12:18 PM EDT E-mail Tweet Facebook Google Plus Linkedin Share icons Apple, along with media company Pearson, may be facing a new legal challenge from a surprising source: The Los Angeles Unified School District. The dispute stems from a $1.3 billion program the school district launched in 2013 to supply every student and faculty member an Apple iPad loaded with Pearson educational software. The program almost instantly flopped, with teachers reporting software bugs, a lack of content and difficulties using the technology with students learning English as a foreign language. The Los Angeles Times now reports the school district is refusing to pay for any more of Pearson's content, which Pearson developed as a subcontractor for Apple: In a letter sent Monday to Apple, Holmquist wrote that it "will not accept or compensate Apple for new deliveries of [Pearson] curriculum." Nor does the district want to pay for further services related to the Pearson product. Apple did not respond to a request for comment. Pearson defended its product. The L.A. Board of Education is going so far as to consider potential legal action against the two companies, per the Times: To press its case, the Board of Education on Tuesday authorized its attorneys in a closed-door meeting to explore possible litigation against Apple and Pearson, the company that developed the curriculum as a subcontractor to Apple. The L.A. iPad deal is controversial for other reasons, too: The Federal Bureau of Investigation is currently examining whether Apple and Pearson got favorable treatment when awarded the contract.
StubHub is suing Ticketmaster over ticket cancellations by Ben Geier @FortuneMagazine March 30, 2015, 1:38 PM EDT E-mail Tweet Facebook Google Plus Linkedin Share icons StubHub said Monday that it filed an antitrust lawsuit against competitor Ticketmaster and the NBA's Golden State Warriors, claiming that both worked together to cancel tickets that were resold on StubHub. This is just the latest battle between the two ticket resellers. StubHub, which is the largest ticket reseller in the U.S., said in a blog post that it "seeks to stop unfair and illegal anti-competitive business practices that prevent fans from deciding how they want to resell their tickets and which artificially drive up ticket prices." The company said both Ticketmaster and the Warriors "broke the law" by allegedly "threatening fans" into only using Ticketmaster to resell. The Warriors and Ticketmaster have so far declined to comment, ESPN reports. "StubHub strives to compete fairly, ensuring that fans only pay market-driven prices based on actual supply and demand," a StubHub spokesman said. "We believe fans, not front-office executives, have the right to decide how—and for how much—resale tickets will be bought and sold." The company also warned in the lawsuit that "if the anti-competitive actions complained herein are not stopped, Ticketmaster is likely to seek to replicate them with other teams." In 2013, Ticketmaster and StubHub went head-to-head over state ticket resale laws, and last year the companies adopted new marketing tactics and strategies to compete with each other. StubHub is owned by eBay, which reported fourth-quarter revenue of $4.9 billion, up 9% from last year. Read this 2013 Fortune story for more on the history of StubHub and TicketMaster.
The legal issues that could change franchising forever by Ben Geier @FortuneMagazine January 8, 2015, 2:02 PM EDT E-mail Tweet Facebook Google Plus Linkedin Share icons This post is in partnership with Entrepreneur. The article below was originally published at Entrepreneur.com. By Jason Daley, Entrepreneur.com Franchising usually makes it into the mainstream press when Taco Bell jams a new snack chip into its burritos. But in the past year, franchising has been making front-page news for other reasons: Several issues that have been simmering for years came to a head, pitting franchisors against franchisees and labor advocates against both. The results of those conflicts—and their ultimate consequences for franchising as a whole—aren't at all clear, obscured by hyperbole, legalese and a lack of guidance from regulators. Whether these issues will reshape franchising for the better, as some argue, destroy franchising as we know it—or change nothing at all—remains to be seen. Whatever the case, the legal and political fights are worth watching. The most publicized spat was the passage of California Senate Bill 610, commonly known as the fair franchising act, which, to a large degree, stemmed from a dispute between McDonald's and a franchisee. Kathryn Slater-Carter and her husband, Ed, had operated two McDonald's MCD locations in Daly City, Calif., since 1983. In 2011, corporate headquarters notified them that the franchise agreement for their unit in the Serramonte Center mall would not be renewed upon its expiration in 2014, but that the company would continue the lease, enabling Slater-Carter to sell the unit to another franchisee and recoup some equity. The company even helped her find buyers for the restaurant, she says. But in February 2014, McDonald's decided not to renew the lease, meaning Slater-Carter couldn't sell the business. After 30 years running the franchise, she would walk away with no payday. As a consolation prize she sold off all the equipment she could from the restaurant. "Essentially, what it comes down to is the franchisee is the last to know and the first to be punished and first to have his pocket picked," says Slater-Carter, who still runs her other McDonald's unit. "I think when it's done with people who have conjoined interests and are working toward the same end, it's a good business model. But corporations get so big, and they have to take care of the corporation. They start to see franchisees as a necessary evil." It's a problem franchisee advocates have shouted about for years. In fact several states, including Iowa and Rhode Island, have passed versions of SB 610, guaranteeing franchisees some equity. But many more, including Massachusetts, Vermont, Pennsylvania and Maine, have introduced similar measures that have not succeeded. Since California has such a huge franchising sector, its bill got the lion's share of the attention. "What's happened is that over the years, attorneys for franchisors have tightened franchise agreements to the point where franchisees don't really own any equity in their business," explains Jim Coen, executive director of the Maine Franchise Owners Association, which supported the bill in Maine. "When push comes to shove, in most franchise agreements franchisees don't have anything but the equipment they buy. They have no right to the name, to their customer base, and because of noncompete clauses they can't use the skills they've learned. Yet franchising sells units by telling people they can be in business for themselves." Slater-Carter's experience led her to hire San Rafael, Calif., lawyer Peter Lagarias, who testified in favor of SB 610, which was introduced by Sen. Hannah-Beth Jackson (D-Santa Barbara). The bill wasn't initially expected to go anywhere, but a coalition of franchisees and attorneys and associations put their support behind it and added amendments of their own. The bill passed the state assembly in mid-August, setting off a public battle. The International Franchise Association (IFA), which opposed the legislation, began running online commercials arguing that the bill would hurt the economy. The Service Employees International Union (SEIU), which believed it would embolden franchisees to offer higher wages, began running radio ads supporting the measure. In late August, the state senate passed the heavily amended bill. But on Sept. 29, Gov. Jerry Brown vetoed the measure—a move that came as a shock to the bill's proponents. Robert Purvin, chairman and CEO of the nonprofit American Association of Franchisees and Dealers (AAFD), which sponsored SB 610, says the coalition and its partners may seek even stronger legislation in the future but are currently regrouping. "We were honestly dumbfounded when the governor vetoed the bill," he admits. "It had passed with healthy majorities in both houses." Meanwhile, he says, the problems the bill addresses are getting worse. "Without a right of renewal for franchisees, the franchisor can evolve the contract terms to get worse and worse and worse," Purvin says. "Franchisees really have no choice. The only way to protect their equity is to renew at whatever terms the franchisor says. Otherwise the franchisor can say they don't want that location anymore." Michael Gray, a principal attorney at Gray Plant Mooty in Minneapolis who represents many large franchisors, disagrees. "SB 610 was a fix for a problem that didn't exist, and it had the potential to create uncertainty, which fosters litigation. The governor's veto was spot-on," he says. "There is no empirical data that this bill was needed or that this is a gross problem. In fact, the courts in California are very protectionist and pretty good at protecting franchisees. This bill would have just created uncertainty." The big problem, he argues, is inaccurate notions about the nature of the franchisor-franchisee relationship. "Franchising is a contractual relationship for a period of time," he says. "What has happened is that a mentality is created where a franchisee says, 'I'm entitled to this franchise for longer than the term I signed,' especially if they're successful and making money. But it's a contractual relationship. Franchisees never should have the expectation that it will go longer than they signed on for. "I equate it to a lease," Gray adds. "If you rent a place for 10 years, you can't go to the landlord at the end of the term and say, 'You can't lease this to anybody else.' You leased it for a period of time. I don't know why franchising is that much different." The IFA and others argue that equity protection for franchisees will hinder the franchisor's ability to expand strategically and could affect quality and consistency if the company is not able to close underperforming stores or terminate franchisees who are not maintaining standards. ARE FRANCHISORS EMPLOYERS? While SB 610 is shelved for now, another political storm is roiling in the franchise industry. On July 29, Richard F. Griffin Jr., general counsel of the National Labor Relations Board (NLRB), issued an opinion that McDonald's could be considered a "joint employer" along with franchisees while assessing 43 labor complaints. In essence, his memo states that McDonald's corporate is partially responsible for hiring and firing, setting wages and benefits, and dealing with employee behavior—tasks that have traditionally been left to the discretion of franchisees. Critics fear that if this ruling is implemented widely, it will erode the independence of franchisees, as franchisors exercise more control. Some are concerned that it will cause systems to abandon franchising altogether. IFA president and CEO Stephen Caldeira stated in a press conference in October that franchising is under attack by "unelected bureaucrats and union bosses" and that Griffin's opinion is "deeply flawed and terribly misguided. … If implemented, his opinion would stunt job growth and create widespread uncertainty. We fear the general counsel has opened a Pandora's box of costly labor complaints. By proposing such seismic changes, this supposedly independent body is caving to the [SEIU] and is undermining the franchise business model. It must be rejected before it does irreparable harm and before it does damage to the economy." Caldeira pointed out that since the July ruling, 61 other labor charges have been filed against 27 other franchisees, though it's difficult to tell if those were spawned by the opinion or if they are just part of the 20,000 to 30,000 complaints the agency receives each year. The IFA and 129 members of Congress sent Griffin letters asking him to clarify his thoughts. The IFA also announced plans to file a request under the Freedom of Information Act for any advice memoranda to help elucidate his ruling. At press time, the NLRB had not clarified its position or issued any other statements on the opinion. The AAFD's Purvin is also not a fan of the NLRB ruling, although he says it relates to the SB 610 debate. "Franchisor and franchisee agreements have become incredibly controlling; that's why we're beginning to see horrific rulings like the NLRB opinion," he says. "It comes from an evolution of excessive control that developed over 150 years of franchising. As late as 1950, most franchisees were truly independent contractors. Increasing brand standards created a lot more uniformity and consistency in franchising, which was a great thing. But it's become too much—so much so that now it can be alleged that franchisees are not even business owners at all, that they are employees of the franchisor." Adds attorney Gray: "There have been tweaks to the franchise model before, but this is talking about fundamentally changing the franchise relationship. And since it's built on contracts, once you start throwing external forces on the system that it doesn't anticipate, it can get very messy." Still, Gray isn't worried about the opinion, predicting that it will spend a long time in court before being struck down. He thinks it's a gambit by unions to have franchise and fast-food employees, who are notoriously hard to organize, classified as a single group, which may help in unionization efforts. He points to a 2014 case in the California Supreme Court, Patterson v. Domino's Pizza, in which an employee sued the franchise after claiming that her supervisor sexually harassed her. The court ruled 4-3 that the franchisor couldn't be held liable as an employer. Gray believes any similar suits will meet the same fate. "Personally, I don't think this NLRB ruling is going to happen," he says. "We're talking years and lots of legal hurdles. When Griffin sent this memo out, alarm bells went off unnecessarily. It's a memo, not a ruling. The sky is not falling." THE BATTLE OVER MINIMUM WAGE Another major issue that has been brewing in the past year is the minimum wage, galvanized by strikes by fast-food workers. Gray says the issue is simply another flank in the same battle that is animating the NLRB ruling. "Increasing the minimum wage is a means of providing a perceived benefit to a large number of people," he argues. "Those people are then amenable to unionization, because the unions can say, 'We did that for you—join us and see what other ways you can benefit.'" Coen of the Maine franchise owners' group agrees that the minimum-wage movement is about union power, but he believes it also ties into fair franchising legislation and helps explain why the SEIU supported SB 610 and other franchising acts that improve franchisee equity. "The unions realize that if they can help franchisees increase their margins, then the franchisees can pay their employees a higher wage," he says. "And I really think franchisees will pay higher wages instead of pocketing that income. The customer service experience at the counter is so important, franchisees want the best people they can get. The ones making minimum wage are cleaning tables or in the back. Franchisees shouldn't be afraid of unions. They should be worried about protecting their equity." The test case is Seattle's minimum wage act, passed in June. The law gives companies with 500 or more employees three years to raise their wages to $15 per hour; smaller businesses have up to seven years to increase pay. But the law treats franchisees as a single unit, with Subway, Burger King and dozens of other franchisee-owned businesses subject to the three-year phase-in—a situation the IFA is taking to court. These cases seem to be dividing the franchise world along political lines, but Purvin has hopes that the franchise community will sit down and work through its issues instead of letting government intervene. "Most franchisees have bet the farm on their brands," he says. "We want the system to work to our mutual advantage. I would much prefer this happen at the conference table, not the legislature. Until franchisors are willing to have that dialogue, though, there need to be rules, and the parties involved need to act in good faith." Related from Entrepreneur: Franchise Industry Not Without Hurdles in 2015 Moving Up the Ranks From Mover to Franchisee McDonald's Lays Off Employees as Part of $100 Million Cost-Cutting Effort
L.A. judge stubs out marijuana app by Ben Geier @FortuneMagazine December 24, 2014, 10:57 AM EDT E-mail Tweet Facebook Google Plus Linkedin Share icons This post is in partnership with Time. The article below was originally published at Time.com A Los Angeles-based smartphone application aimed at becoming the city's first mobile medical marijuana logistics service was ordered to stop business by a county judge on Tuesday. Judge Robert O'Brien, of the Los Angeles County Superior Court, said Nestdrop, a mobile app hoping to connect the city's medical marijuana patients with dispensaries, was in violation of a voter-approved law called Proposition D that explicitly bans medical marijuana delivery, according to the Associated Press. Nestdrop claimed that they were not in violation of the law because they only connect distributors with patients and do not handle the marijuana themselves, according to the Los Angeles Times. Nick Valente, a senior account executive for Nestdrop, said in an email, "We are evaluating our options for the future in regards to Los Angeles and hope the city will change its misguided attempt at restricting medicine for patients." The case is a culmination of nearly a year of litigation after L.A. Attorney Mike Feuer filed an official complaint about the company's supposed violation of Proposition D. Nestdrop launched in early 2014 and maintains that it will continue operating outside of Los Angeles and keep its alcohol logistics service within the city.
Korean Air nut flap takes a sharp legal turn by Ben Geier @FortuneMagazine December 24, 2014, 9:02 AM EDT E-mail Tweet Facebook Google Plus Linkedin Share icons Weeks later, the flames of the "nut-gate" scandal continue to rage in South Korea. The latest news? The woman at the center of the scandal is the subject of a requested detention warrant from South Korean prosecutors. A little backstory: In early December, Cho Hyun-Ah — the daughter of Korean Air's president and herself a vice-president at the company — was served macdemia nuts in a paper bag rather than a dish as she prepared to take off from New York's JFK Airport. She did not like this, to put it kindly. Cho used her position to force the plane back to the departure gate and had the person who gave her the nuts removed. While her actions led to a delayed departure, as Fortune's Geoff Smith points out, the plane actually only arrived 11 minutes late. (Frankly a dream scenario for anyone who's ever flown into Chicago O'Hare). So, people in South Korea weren't exactly happy with the prima donna behavior of Cho, and it has become a national scandal. Cho herself resigned, and her father called her "foolish." But that apparently isn't enough, as now she is being accused of violating aviation law. Reuters also notes that investigators are looking into whether or not Cho physically assaulted anyone on the plane, as has been alleged by some. Detention warrants are issued in South Korea when it is believed someone could try to flee or tamper with evidence while the investigation is going on. Meanwhile, the Associated Press reports that there have been alleged attempts by Korean Air to foil government investigators. Questions about the investigation have been raised because a majority of the nation's transport ministry's investigators previously worked at Korean Air, South Korea's largest air carrier, the AP reports. Another Korean Air official is also under investigation, being suspected of abetting perjury, according to Reuters.
The Justice Department is now in your boardroom, in a big way by Ben Geier @FortuneMagazine December 22, 2014, 3:17 PM EDT E-mail Tweet Facebook Google Plus Linkedin Share icons If you're running a Fortune 100 company, there's a 10% chance you've got Justice Department lawyers helping you out. That's according to preliminary data compiled by researchers at George Mason University, who studied more than 500 criminal settlements between the Justice Department and public companies between 1984 and 2011. The data, which will be refined and released in a report in early 2015, shows that the Justice Department has drastically increased its use of non-prosecution (NPA) and deferred prosecution agreements (DPA) since 2003. NPAs and DPAs are agreements between prosecutors at the Justice Department and corporations in which the DOJ grants amnesty from criminal conviction in return for the defendant agreeing to a set of requirements, which range from the payment of fines to submitting to new regulations and the creation of new business plans. At a panel discussion earlier this month, economist and George Mason University research fellow Cindy Alexander said that while there wasn't a big difference in the magnitude of fines levied against companies before and after 2003, there has been a massive increase over the past decade in the number of cases in which other conditions, like changes in corporate governance or the forfeiting of attorney-client privilege, have been forced on companies. Before 2003, there had been just a handful of such NPA and DPA agreements forged with public companies in U.S. history, but since that time, the Justice Department has averaged more than a dozen per year. James Copland, director of the Manhattan Institute's Center for Legal Policy, pointed to the conviction of accounting firm Arthur Andersen as a "bellwether" that encouraged the government to use agreements to sanction companies that it believed had broken the law. The conviction of Arthur Andersen led to the collapse of firm and the loss of thousands of jobs, even though it was ultimately overturned by the U.S. Supreme Court. "Depending on what industry you're in, a corporate conviction can be a death sentence," Copland said. In light of these events, non-prosecution and deferred prosecution agreements may seem like a helpful tool that allows the government to penalize bad behavior without risking the damage that convictions can inflict on companies and their workers. But for those concerned about government overreach, the trend is disconcerting. Copland points to examples where such agreements have resulted in corporate monitors firing executives and board members and changing sales and marketing plans. He argues that these agreements have led to the creation of a "shadow regulatory state" that has not been sanctioned by Congress or, in some cases, even reviewed by a judge. These agreements also pose potential conflicts of interest. In cases where criminal acts may have been committed, NPAs and DPAs give corporate executives another avenue to cut deals with prosecutors using shareholder money and other corporate resources, all to avoid trial. These agreements might also encourage Justice Department officials to focus on making deals with corporations rather than prosecuting criminal behavior by individuals because individual criminal behavior in a corporate setting is difficult to prove, and because former DOJ lawyers can make a lot of money defending companies from these suits if they leave their government jobs to join the private sector. Meanwhile, a growing chorus of voices have said these agreements allow the government to avoid cracking down on companies that deserve harsh punishment. That criticism was lobbed at the 2012 deferred prosecution agreement between the Justice Department and HSBC, which was under investigation for money laundering. The agreement led many to suspect that the government went light on the bank because it was more worried about maintaining global financial stability than administering justice. In other words, it might seem like these agreements are a great alternative to the "sledgehammer" of criminal indictments or simply letting companies and executives walk away from their crimes, as former Assistant Attorney General Lanny A. Breuer once put it. But given how widespread they have become, NPAs and DPAs deserve closer inspection from Congress so that it can decide just how much regulatory authority it wants to cede to Justice Department lawyers. "We look at each case individually, and we follow the evidence where it leads us," wrote a spokesperson from the Justice Department. "The Justice Department works closely with our regulatory partners, both here and abroad, to ensure that we understand the specific consequences when a financial institution is accused of criminal conduct or when it is resolving criminal conduct. We take steps to minimize those consequences, while holding the individuals and institutions that are responsible to account."
Eric Holder's business legacy: 'Too big to jail'? by Ben Geier @FortuneMagazine September 26, 2014, 7:00 AM EDT E-mail Tweet Facebook Google Plus Linkedin Share icons "That area of his record is terrible," says Robert Weissman, president of the progressive nonprofit, Public Citizen. Weissman is criticizing U.S. attorney general Eric Holder for his "utter failure to prosecute any [major] institution or person for the events that led to the financial crisis and all the ensuing social devastation." Holder announced yesterday that he'll step down from the post he's held since 2009 as soon as the president appoints a successor, The popular vein of criticism being voiced by Weissman, and encapsulated in the phrase "too big to jail," is the albatross that threatens to weigh down Holder's legacy in the business realm. It's more than just a cheap shot leveled by people that don't really understand the fine points and technicalities of the criminal justice system. U.S. District Judge Jed Rakoff, a former chief of the business fraud unit of the Manhattan U.S. Attorney's Office, published a powerful article in the New York Review of Books last January that, while tempered with judicial disclaimers and caveats, unmistakably conveys his slack-jawed disbelief that the "colossal frauds" the government has alleged in so many civil cases could not also have engendered at least one successful criminal prosecution. To be sure, Holder's legacy as attorney general will be determined by a much broader record of accomplishment and failure than just his stance on corporate crime. Historians will likely focus far more on the impact he had on civil rights, including gay and voting rights; his preference for prosecuting terrorism in criminal courts rather than military tribunals; his attempt to bring more equity in sentencing and drug crime prosecutions; his apparent tolerance of vast domestic surveillance in the name of fighting terrorism; and his surprising persistence in bringing leak prosecutions, even when it meant subpoenaing journalists, including New York Times reporter James Risen. But in the business realm, will Holder's champions have a case for counteracting criticism like Weissman's? Well, in recent years Holder has certainly been punishing banks with unprecedented civil fines and penalties. Laast month he won a $16.65 billion settlement from Bank of America Corp. BAC the department's largest with a single entity in history, for misrepresentations it made (or that its teetering acquisitions, Countrywide and Merrill Lynch made) about residential mortgage-backed securities (RMBS) during the runup to the crisis. Last November, he grabbed $13 billion more from JPMorgan Chase JPM for its similar conduct (and that of the companies it acquired, Bear Stearns and Washington Mutual). He picked up another $7 billion in a deal with Citigroup C in July, also stemming from alleged RMBS-related fraud. And once we get past the financial crisis, Holder's record looks tougher. His department came down hard on BP for the Deepwater Horizon oil spill disaster. In November 2012, BP pleaded guilty to 11 felony manslaughter charges, environmental crimes, and obstruction of Congress, and agreed to pay $4 billion in criminal fines, even as the Justice Department continues to seek additional relief from BP in civil proceedings. (That's all over and above, of course, the many billions BP has paid, and has yet to pay, in ongoing private litigation.) Holder has also won unprecedented victories in fighting offshore tax evasion, obtaining guilty pleas from Credit Suisse AG CS (which paid $2 billion in fines and restitution) and from Wegelin & Co., Switzerland's oldest private bank. Finally, this past July his department obtained a guilty plea from Paris-based bank BNP Paribas BNP , for processing illegal transactions with Sudanese, Iranian, and Cuban entities, in violation of the Trading With the Enemy Act. BNP coughed up about $9 billion in forfeitures and fines. "During attorney general Holder's tenure, the sanctions on business have increased hugely," Jamie Gorelick told me in an interview. Gorelick was deputy attorney general during the Clinton Administration, and is now a partner at the law firm of WilmerHale. "It used to be that a billion-dollar resolution was extraordinary. Now we have resolutions at levels many, many times that number." So, yes, Holder's champions will have some basis to commend his record on business crime. But in the end, the die is cast. With each new multi-billion-dollar recovery the government wins from Bank of America, JP Morgan, Citigroup, or some other company accused of civil fraud in connection with the conduct that launched the worst financial crisis since the Great Depression, the more inconceivable it seems that there wasn't also some prosecutable criminal wrongdoing going on at the time. "Too big to jail" will be Holder's sad legacy. http://fortune.com/video/2014/06/20/bank-of-america-asks-to-meet-with-holder/
U.S. court finds Arab Bank liable for supporting terrorism by Ben Geier @FortuneMagazine September 22, 2014, 6:45 PM EDT E-mail Tweet Facebook Google Plus Linkedin Share icons A federal jury found on Monday that Arab Bank was liable for supporting terrorist efforts connected with Hamas. Earlier in July, Fortune reported on the U.S. Supreme Court's refusal to hear an appeal by the bank, which is Jordan's largest financial institution. The suit was brought by the families of over 300 Americans killed or injured in 24 attacks in the Middle East, including in Israel, Gaza and the West Bank. According to a release, the jury was presented with "evidence that Arab Bank transferred more than $30 million dollars to Hamas-controlled institutions in the Gaza Strip and West Bank." The case has been called the first civil terror finance trial against a financial institution under the Anti-Terrorism Act. The Middle Eastern bank has $46 billion in assets, according to The New York Times. The bank says that any transactions made for terrorist clients were erroneous. Michael Elsner, an anti-terrorism and human rights attorney who represents plaintiffs in the case called the decision a "historic day for the banking industry." He added: "This jury's verdict should be a wake-up call to all financial institutions that they cannot hide behind software systems and internal policies as an excuse to knowingly permit the financing of terrorism." The verdict could have a wide-ranging effect on similar legal actions taken on banks and other financial institutions in the future, finding them responsible for the actions of their clients. The action was first filed in 2004. The trial in Brooklyn's Federal District Court lasted five weeks. There will be a separate hearing to determine damages, according to The New York Times.
How corporate America should adapt to millennials by Ben Geier @FortuneMagazine August 20, 2014, 1:34 PM EDT E-mail Tweet Facebook Google Plus Linkedin Share icons It seems like every day, we read another article about millennials and their impact on the U.S. workforce. Lauren Stiller Rikleen, a Boston-area lawyer and author of multiple books about women in business, has turned her attention now to young people in the workplace, from teens through 30-somethings. Her newest book, You Raised Us, Now Work with Us, examines the role this generation has in corporate America and the challenges they face, as well as present, in the workplace. Rikleen stopped by Fortune to discuss her new book as well as some concepts that come out of her work doing corporate training at the Rikleen Institute for Strategic Leadership. What follows is an edited transcript. Fortune: The notion of 'millennials' spans such a wide range: usually those born between 1980 and 2000. Is it even a real thing, or is it an arbitrary label? Lauren Rikleen: Some researchers use 1978. But yes, when you look at the research of what is considered the same generation, you really see huge differences. Nonetheless, it's considered the same demographic or generation. I don't know who creates those. But I do think that some of the changes this generation represents are real, and for two reasons: The work-life integration focus, that comes from global data. You look at data on millennials anywhere in the globe, pretty much, you're going to see a work-life integration focus like you've never seen in the past in terms of what matters to them in the workplace. That's a game changer, I think. It is also the first generation coming into the workplace that is sorting out early in their career, with their significant others, whose career takes precedence. That's if they have a relationship, though. Part of the talk about millennials is that they are getting married much later, right? Well, yes, previous generations went from adolescence right to adulthood, and now there's this whole body of research around "emerging adulthood." Millennials go from adolescent to emerging adult to adult because all the markers of independent adulthood are happening later: financial independence, getting married, having kids, leaving home, finishing school. It is all happening later for this generation. Is this depressing, upsetting? No, I think it's just fine. It just is what it is. The question becomes: how should the workplace adapt? We [baby boomers] created a lot of the circumstances that we criticize millennials over. That's part of my book, You Raised Us, Now Work With Us. We have to make changes in the workplace if we care about retention, and if we care about the growth and development of millennials as future leaders in the workplace. What changes need to be made? One of the biggest has to do with flexibility in the workplace. We have to start thinking about how work is done. Are millennials more difficult? Well, if you're the first generation juggling dual careers and raising a family, how do you go about who's going to take the kids to the doctor's appointment, who's going to go to the school play, who's going to go to the field trip. So, thinking differently about remoteness, and remote work, is a part of flexibility. And being able to integrate it into the workplace is critically important for retention in leadership development. So, it's not just that the millennials need to figure out how to schedule and be flexible, but the workplace needs to cater to them in return? Well, one thing that happened is that boomers lived life as younger people in a way that nobody ever saw, changing the world. Civil rights movement, women's movement, fighting against the Vietnam War. Then, they got into the workplace and totally conformed. The boomers settled into their parent's workplace. But that workplace doesn't work anymore. For most of my generation, it's still pretty much that the dad went to work, the mom stayed home, had a lower impact career. That's just not the way it is. Totally gone. So, the workplace has to change. Using technology as a tool and not a tether, for example. We've done a great job making technology a tether to the workplace. 'Hey, you can take that Blackberry to the soccer game! Just don't look at any of the plays, so I know that you're doing work!' That's part of the whole lack of flexibility. There are just so many differences, generationally, for millennials. They're closer with their parents than any generation in the past. More reliant on them and more engaged with on a regular basis. You said the workplace has to change. But has it already changed a little? Up to a point. But certainly not enough. We're still having these conversations about women and leaders, for example. We're still counting firsts; the percentage of women on boards is still low, and women CEOs are still low. Let's talk more about that, about women in business. You've also written books about that. Well, I've come to the conclusion that every single workplace should have training in unconscious bias and the implications of unconscious bias. How we evaluate people, how we provide opportunities. I've written two books on women's success in the legal profession, I talk to women all over the country, and the factors that I hear for women leaving a job are never, 'I left or cut back because of my family demands.' It's, 'I defaulted to that because I was hitting a brick wall, and what is the point. I don't get the same assignments as men of my same experience level. I don't get invited to the same networking opportunities.' We still struggle with our image of women as leaders. We still see a correlation between likeability and success: women who are more successful are less liked. How does that play out in the workplace for their opportunities? The barriers that women are facing now are just that much more subtle and pernicious, and we're not doing enough training on how our unconscious minds work with people different than us. We have a long way to go. Is the Sheryl Sandberg 'lean in' concept having a real effect? I read her book and thought it was really good. She talks about unconscious bias. She has good research, footnotes and studies. The problem is, a lot of people talk about leaning in but have never read the book. They don't understand what it means. So, now you hear senior people in the workplace using it as a weapon. Like, 'she's just not leaning in enough! She needs to lean in more.' I can't tell you how many times I've heard that. And they haven't read the book! Somehow, it becomes her problem. She's not leaning in enough. Our joke in the Women's Bar Association is that women are leaning in so far they're in danger of toppling over. So, her advice is fine, it's just that the major concern I have is that I wish she would use her voice for workplace change. Is there a "lean in" equivalent you espouse? Mine is workplace change. What are the obstacles in the workplace for women, and people of color, to be able to succeed? Understand issues around unconscious bias, understand how your assignments can be fair and equitable. So, you're placing more of an onus on the workplace and corporate America, not women to change themselves. Absolutely. I see examples, thousands since I wrote Ending the Gauntlet, of remarkably talented women who should by any measure be in a more senior position. In my profession, a woman associate and a male associate may be staffing the same case and a total difference happens in who's getting the more interesting client exposure work. In law, women currently make up just 15% or 17% of the senior, equity partner positions. By 2000, women should have made up half of the partners already, based on how many women were coming out of law school in the '70s, '80s, and '90s. So, the pipeline is so clogged, it's not moving. Let's marry the two concepts we've been discussing. Are female millennials more aggressive, in the right way, then women in the past? One of the great opportunities for millennial women is that they've been able to go much longer in their lives without necessarily experiencing the same kind of discrimination. What a huge impact Title IX had. That was a sea change because it applied to sports, but it also had this greater dimension to it that impacts so much else. I think when you couple that with being raised with greater self-confidence, the plus side is not having seen the barriers, but the downside is that they'll see the barriers as soon as they get married or start having kids. That's where the rubber hits the road around people's preconceived notions about what women in the workplace want. Rather than ask them what they want, they assume she wants to leave or travel. For women, their biology is a barrier. To what extent is this whole effort still faced with dated biases from men? Is 'feminism' more of a loaded term than ever? Somehow, that word has gotten hijacked. I'm not sure when or how or why, but now you can say to someone, 'are you a feminist?' And they'll say, 'oh, no!' But then you ask, 'do you believe in women having equal opportunity in the workplace?' and they'll respond, 'well, of course!' That word has been hijacked in our society. But we have to get around labels and focus on the issues. You can always tell who buys into these topics. About millennials, for example, I recently had an older gentlemen say to me, 'these generational differences are meaningless. We [boomers] were idealistic and active, too. And our kids, once they have to settle down and pay a mortgage, they'll be just like us.' Time will tell. We don't know. But I wouldn't want to be betting my workplace that the differences aren't real. WATCH: 5 tips for working millennials
California attorney general may sue Morgan Stanley by Ben Geier @FortuneMagazine August 5, 2014, 7:04 PM EDT E-mail Tweet Facebook Google Plus Linkedin Share icons Morgan Stanley said that California's attorney general may sue the bank for allegedly misrepresenting its mortgage bonds before the financial crisis took place. In a regulatory filing on Tuesday, the bank said California's attorney general "believes the company's conduct violated California law and that it may seek treble damages, penalties and injunctive relief." The bank was made aware of this on May 8, 2014, according to the document. In the filing, however, the bank said that it "does not agree with these conclusions and has presented defenses" to the attorney general. The misrepresentations, according to the document, come from an investment vehicle called Cheyne Finance, which went bankrupt in 2007. California's state pension fund, also called CalPERS, bought $1.3 billion of the vehicle, according to Reuters.


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On June 12, Durham's sociopolitical firebrand rock outfit Red Collar will release its second LP, Welcome Home, the followup to 2009's Pilgrim. And though the band doesn't play as regularly as it did around Pilgrim time, the three-year wait for Welcome Home comes from a desire to get this record right rather than a lack of time or commitment.
As guitarist, vocalist and songwriter Jason Kutchma puts it, the new album is the result of two years of hard work: "If we were pressed we could've released an OK EP at the end of 2010. There were a few disappointing stops and starts and lags along the way but to me it gave us some perspective. We scratched a few songs and then wrote a few more. Some are the better ones on the album."
Kutchma credits his solo project (which recently brought in a backing band) with helping him concentrate on song structure, vocal delivery and melody in general. Drummer Jonathan Truesdale worked "relentlessly on his tone" with producer Scotty Sandwich (who not only runs Death to False Hope Records, but also bears a Red Collar tattoo on one wrist). And Red Collar even went with a label which first burned the band—at least in its music blog incarnation. If the road to Welcome Home sounds like anything, it sounds like relentless self-improvement.
"We've known Will [Miller] from Tiny Engines for a few years," says Kutchma of Red Collar's new label. "How we met Will and became friends is, I suppose, typical Red Collar. He runs the blog Sound As Language, which said Pilgrim was pretty mediocre." But Miller came to see the band in Charleston, posted a glowing review and the ensuing friendship led to the deal. Though Miller told Kutchma he disagreed with the reviewer's take on Pilgrim, it may have been a fortuitous case of negative press. "
Had the album review not been written I would have never heard from so many people how great the band was live," Miller says. "And I probably would not have come out for the show at all."
"I'm a major let down," I Was Totally Destroying It's Rachel Hirsh sings with sugary confusion on "My Internal Din," the band's newly released single. "I don't know what went wrong."
That makes two of us. The song (streaming over at Alternative Press) is the first offering from the Chapel Hill outfit's forthcoming fourth LP, Vexations. It marks a new low point in a stunning and frustrating decline for what was, until recently, one of the Triangle's very best pop-rock outfits. If the single is par for the course, it's likely the title will be quite accurate.
The Alternative Press write-up christens IWTDI as "electrorockers," and the synthetic side of the band shows through here more than ever before. A simplistic and abrasive synthesizer loop opens the song as Hirsh describes the noise in her head as "pots and pans in stereo." Honestly, that would be better than what we get here. Riffs chug sleepily, picking up the simple beat. The drums are simpler still and pushed so far back in the mix that the song barely has a pulse. Hirsh, once a dynamic singer uniting visceral punk emotion with a fetching pop sweetness, takes no such risks here, settling for a lifeless bubblegum coo.
What happened? A few years ago this group was a live wire, uniting kinetic indie rock riffs a la Superchunk with cutting, hyper-catchy synth lines. James Hepler was a beast behind the kit, imbuing their fetching pop with a tectonic heft few of their peers could match. Last year's Preludes was worse, but never this bad. At least its whitewashed stadium pop managed to be likable even if it was rarely memorable.
Vexations is due via Portland's Greyday Records on Aug. 21, which gives you six months to ponder this song's scant rewards. Album art and tracklist are below.
1. Vexations
2. Hello, Salty Ghost
3. Follow You
4. The Prisoner
5. Move So Slowly
6. My Internal Din
7. Save Your Life
8. Dust Up / New Perpetuum Mobile
9. Blood On Film
10. Give Them What They Want
11. Outside Blinds
12. Seasonal Low
Other Lives
Local 506
Friday, Feb. 24
When Other Lives opened with "As I Lay My Head Down" at Local 506 Friday night, it felt like a revival. Jesse Tabish ignited his little five-piece folk orchestra to drive out the devil. Percussion from Josh Onstott and Colby Owens thundered, thumping the packed crowd in the chest. And this was just the beginning: As Other Lives rolled on through their set, nearly 20 instruments were introduced for Tabish's parables and down-trodden testimonies.
During the climax of the slow builder "Weather," the group beat on anything they could find; as if by moved by the spirit, Jonathon Mooney lifted a rusted-out trumpet for a dissonant solo. Mooney introduced minor key trotter "Dust Bowl III" by dragging a bow across a xylophone. And when Tabish sang "Just as the wind blows," he motioned his hand clear and straight, suggesting the Oklahoma expanses the band calls home.
"We didn't expect any of this," said a humble Tabish to the full room. "We played here five years ago for three people."
"It was a graveyard," Mooney answered.
Tonight was anything but: Other Lives mesmerized a congregation of folks who had traveled from as far off as Georgia. "Fucking amazing," someone in the crowd yelled as Other Lives closed out a set of new songs that included every band member doubling up on instruments. At one point, Jenny Hsu was tapping on her cello with drum sticks while Tabish struck a hotel service bell.
During the encore, Tabish was alone with his keyboard for a hushed "Black Tables." For the first time during the show, he closed his eyes while everyone in the room looked up to him. "Thank you guys for being here," he said, smiling/ "I can't thank you guys enough."
Harmonized "Ahhs" sounded like the beginning of "Amen."
Thursday night at Durham's Casbah, as the natives watched the Blue Devils beat the Seminoles in Tallahassee, a very modest crowd turned out for the double bill of Dexter Romweber and John Howie, despite a cheap $7 cover. It's hard to believe that two artists who tour both domestically and internationally to large crowds and rave reviews sometimes do not receive the same love from folks in the Triangle. Granted they both play a fair amount in the area, but, after having seen both a good deal recently, it seems clear that their local reception is nowhere near where it belongs.
Both have contributed so much over the years while representing the area. But they don't seem to care about crowd size or the reaction they receive, so why should I? Well, beause it just ain't right.
Also, confidential to young local musicians playing rock 'n' roll or country: The next time these two play out, show up. Take notes.
Chapel Hill's Trekky Records is known as much for being a mutual admiration society as it is a proper business entity. For the first time in its history, the Trekky crew is assembling and releasing a mixtape to showcase their history. The compilation, Amalgam, will showcase tunes from the many acts they've nurtured through creation and supported in production.
The tracklist is a grab-bag of singles from throughout its more than 10-year history, including two tracks from the upcoming Lost in the Trees and Midtown Dickens records and one unreleased song from the apparently no-longer-on-indefinite-hiatus Vibrant Green.
To celebrate the March 6 release, label owners Will Hackney and Martin Anderson have put together a show March 2 at the Nightlight. Butterflies, Phil Cook & His Feat, Vibrant Green and DJ Steph Russ will be there to ring in the occasion as well as a special set from a surprise guest band.
As for who that guest might be, the Trekky boys just wouldn't say. So, either we all gang together and storm the Trekky homebase demanding to know, OR we take it on faith that Hackney and Martin have booked someone swell. Given that they've proved trustworthy to deliver record after record of creatively curated local jams, this may be an occasion to choose peace over pillaging. Oh, the patience of diplomacy.
The Brickside Festival, Duke University's spring music celebration, might not appeal to your average college kid, but it's shaping up to be a music nerd's wet dream. The initial lineup for the March 24 event included blissed-out garage star Kurt Vile in addition to Supreme Dicks, Tanlines and The Postelles. Today, the festival added three more names that should make a small number of people very excited—and will likely floor any uninitiated attendees.
The Gunn-Truscinski Duo, the stellar pairing of hypnotic blues guitarist Steve Gunn and gifted percussionist John Truscinski, will play alongside Royal Baths and Mark Kozelek, known for leading both Sun Kil Moon and Red House Painters. The Gunn-Truscinski Duo, who laid down one of the best day party sets at last year's Hopscotch Music Festival, find spacey avenues within the structure of a traditional blues duo, somehow melding cymbal crashes and elliptical riffs to create a gorgeous wash of sound. Royal Baths just released their second LP, Better Luck Next Life, which adds a darkly distorted veneer to psych rock a la Velvet Underground, creating twisted garage gems that are as menacing as they are catchy. Kozelek's solo work is an oddball treat, sometimes dominated by gorgeous acoustic folk covers that come from left-field places: His 2001 LP What's Next to the Moon is all AC/DC covers.
The festival is presented by WXDU, Duke Coffeehouse, College Concert Series and Major Attractions. All the acts announced so far will play at the Coffeehouse, but more bands and venues are set to be unveiled. It's perfectly possible that the rest of the festival will hew to more traditional college crowd-pleasers. For now, though, let the nerds rejoice!
The last time 9th Wonder played with an R. Kelly sample, he landed a song, "Threat," on Jay-Z's The Black Album. This time, over the R. Kelly and Public Announcement track "Honey Love," we get the same chopped-up formula, but with Jamla Records queen-b-girl, Rapsody, doing the rhyming honors. "Right Now" doesn't necessarily showcase Rapsody "Castor Troy-ing" anyone, but she stalks around on this song like she's planning something unforgettable. Maybe she's just warming up before the release of her Kobe Bryant-inspired EP, The Black Mamba, which will be released today, Feb. 24—that is, unless Jeremy Lin vetoes it.
Even if he does, we'll take Rapsody's face over Kobe's any day. We're a college basketball state and the Charlotte Bobcats are 4-27. We could care less about the pros. We'll spread Rapsody's Raleigh honey-love around until a honey badger tries to stop us.
Not too long ago, Chapel Hill's Lost in the Trees were one of the largest groups in town. They still are, but these days it has less to do with membership and more about the national recognition Ari Picker has received for his beautifully heartbreaking songs. A few years ago, the band rolled with a revolving line-up that usually hit somewhere in the low teens, complete with a five-or-six piece string section. At that juncture, the joy of Lost in the Trees' shows was the all-consuming swell their numbers allowed them and the thrill of watching them barely hold it together.
Tuesday at Local 506 in an impromptu tune-up for one of the biggest tours in their young career, Lost in the Trees numbered just six, down a cellist from the touring line-up for their last album. Things change, and in this case it is most definitely for the better.
Playing most of their songs with a cello, a violin, drums, keys and acoustic and electric guitar, the band stepped into songs from their upcoming third LP A Church that Fits Our Needs, showing themselves to be a precise and experimental chamber rock band reaching new heights of fractured emotionalism. Like All Alone in an Empty House, reissued in 2010 by Anti- Records, the new songs still revolve around the suicide of Picker's mother, but the music here is even darker than before. The re-tooled ensemble was perfect for the new vibe, filling the songs with both menace and empathy.
Tight string fills sliced through during the intense moments and relented into a gorgeous swell during the tender parts. Gorgeous, haunting female harmonies lent them a new sense of mysterious macabre. Best of all was Picker, a frontman whose transfixing presence comes from the intensity he brings to each song.
Devastating and intricate, all of the songs hit their mark, but "This Dead Bird Is Beautiful" was a cut above. Picker started the song by himself, singing softly and picking his guitar, trembling with feeling. "Don't you say she was weak," he sang, "I'll carry her. Because she breathed I breathe." The band joined in gradually, contorting strings and guitar into an evil, inhuman squall before transitioning into lush orchestral folk backdrop. It was a stunning performance that managed to express both the bitter and soothing elements of healing.
Lost in the Trees start their tour on March 11 in England and return to the Triangle on April 20 at Cat's Cradle.
It's impossible to listen to The Storm (streaming here), the tight, well-produced psych-rock debut from Raleigh-based recording project Cocoon, without thinking of another band — one that no longer exists. Josh Pope, the man behind the Cocoon moniker, was once the frontman of The Light Pines, a band that rode a similar sound to the brink of national recognition before breaking up last summer.
The comparison is obvious: One, this record sounds an awful lot like The Light Pines. Two, Pope initially posted the EP to Bandcamp as the Pines before switching the name to Cocoon. The Independent caught up with Pope to ask him about his new project, the name change and his plans for the future.
Independent Weekly: Tell me about how Cocoon came about. When did you start working on these new songs?
Josh Pope: After The Light Pines broke up in July of last year, I took the rest of the year off from writing music. I got the urge to start writing again about a month and a half ago, and these songs are what I've done thus far.
You first posted the EP under the Light Pines moniker. Why did you change it?
When I initially posted the songs it hadn't even occurred to me to change the band name. Once they were posted there were some objections from former members of the band about me releasing new music as "The Light Pines." I was never that attached to the name, so I pulled the songs off Bandcamp, came up with another name and re-posted the songs.
Did you record these songs on your own? Tell me about the process.
Yes. These songs are me sitting in my house writing and recording. My songwriting process is best described as prompt-based. Just like a creative writer who may use a prompt as a starting point for a story, I'll take a drumbeat, a melody, a bass line, a lyric, a guitar hook, anything that has caught my imagination, and start writing from there.
The EP is layered much in the same way that the Light Pines' stuff was, but it's much more rhythmic, the appeal of each element coming more from the groove than the texture. Were you going for a more rhythmic sound here?
No. In fact, I was self-conscious about these new songs lacking a rhythmic feel! There was a definite plan with The Light Pines to make the music rhythm based. I think my lack of experience at the time with engineering and recording music ultimately obscured that rhythmic agenda. There was a tendency to compensate for poor sonic fidelity by just adding more and more shit on to the track and with all that information and texture, the rhythm and groove were often lost. These new songs have a lot more space in terms of arrangement — there is still some layering — but for the most part, the tracks are less dense. I think this allows for the rhythm to come across clearer. I'm a bass player. I'm always going for a rhythmic sound.
Your narratives on these songs are a bit more concrete than the ones you released with The Light Pines. Where is that coming from?
When I first started writing music, everything I wrote was love songs—very "heart on my sleeve," literal lyrics. I wrote this way until The Light Pines. The Light Pines was a deliberate attempt at abstraction, to get away from writing about my personal emotions and experiences. Lyrically, Cocoon seems to be falling somewhere in between the two.
You've said online that you have more music on the way. When and what should we expect?
I'm writing a lot and feel very inspired at the moment. As I finish new songs, I will post them on Bandcamp. I don't really have a goal or timeline for future releases, but I would say 3–4 songs a month seems like a reasonable projection.
Do you plan to turn Cocoon into a full band, or will it remain a recording project?
To be determined.
This is going to be a big year for Lost in the Trees. They are about to release one of the Triangle's most anticipated 2012 LPs, the dramatic and emotionally fractured A Church That Fits Our Needs, on March 20. As with any group preparing to launch what could be the breakthrough of their career, the Chapel Hill folk orchestra is preparing an extensive tour. Tonight at Local 506, you can witness their impromptu tune-up.
This afternoon the band announced that they will open for Islands, giving hometown fans a chance to catch them before they hit the road in March. The tour will lead them through two dates in the U.K. before a whirlwind trek across the U.S. and two dates in Canada. The last show will be April 20 at Cat's Cradle in Carrboro, the Triangle release party for the new record.
Chances to see Lost in the Trees in such an intimate setting are becoming more and more rare, so show up early. They've made a habit of filling the much-larger venues. Even on short notice, the 506 is likely to be packed.

subset: commoncrawl


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Wednesday, May 6, 2015
Posts Tagged "Discovery Kids Asia"
Genius' 'Secret Millionaires Club' Lands Multiple Sales
Genius Brands International has sealed new broadcast deals for its children's animated series Secret Millionaires Club in multiple key markets.
Among the international television ... Continue Reading →
Genius Brands Inks Two Series Deal with Discovery Kids Asia
Genius Brands International has licensed two of its animated kids' series — Thomas Edison's Secret Lab and Warren Buffett's Secret Millionaires Club — ... Continue Reading →
Global News Bytes
+ Black Friday may have come and gone in the real world, but it will come to South Park this week as the mall finally opens and only one gaming device will be the winner in the all-new ... Continue Reading →
'Wild Kratts' Ready to Roam on Super RTL
9 Story Entertainment has sold the first season of its popular animated children's series Wild Kratts to Germany's Super RTL. A co-pro between The Kratt Brothers Company and 9 Story ... Continue Reading →


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The ACT Matrix
Kevin Polk in private practice and at the VA in Togus, Maine, USA has collaborated with Jerold Hambright and Mark Webster to develop "The Matrix" as a way of thinking about and engendering psychological flexibility. It is a simple yet elegant way to understand and experience the complex phenomenon of being human.
[Kevin runs and ongoing "The ACT Matrix" webinars and consultations each month. Go to www.drkevinpolk.com to sign up.]
The Matrix is a simple to use format developed initially for groups, but then came into wide use with individuals. Based on an original idea by Kevin Polk the format was co-developed with Mark Webster and Jerold Hambright. It is based on learning to discriminate between direct experiencing with the senses and indirect experiencing in the mind (vertical line), and then the idea of sorting behavior into two directions called Towards and Away (horizontal line). The two lines of the matrix intersect in the middle at 90 degree angles. The four quadrants created by the two lines contain the following four categories that are asked in the following order:
Learning to use the Matrix is experiential and much the same as learning to ride a horse, or a bike, or play the piano, or paddle a kayak. It is a simple idea that can be learned very quickly but takes a little time and practice to become proficient. Mainly people practice learning to notice where behaviors are taking them, and to align that with what is important. The simplicity of the model means that it is broadly applicable and can be used outside of the clinical setting, for instance it is already used in education and in the workplace. It's been used in Sierra Leone to help combat the spread of the Ebola virus and in prisons to help inmates improve value consistent behaviors.
Read more about Polk's work on his Psychological Flexibility Blog.
Check out the series on YouTube:
- The Matrix: Psychological Flexibility Warmup
- The Matrix: Psychological Flexibility Values Video
- The Matrix: Moving Away
- The Matrix: Noticing Hooks
Also visit the older blog The ACT Matrix. Check out the Pages in the upper right of the page.
Mark Webster has also created a 3 part video series introducing the ACT Matrix which can be found here:
To Learn more also see Kevin Polk's training page as well as his Website.
Click here for upcoming workshops and trainings.
Below you will find various handouts and .pdfs about the matrix cultivated from trainings anf conference presentations.


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Devil's Highway (2005) Thriller Movie Review
Thriller movies Review
Full of road-weary travelers with secrets to keep and lies to tell, a gritty tour bus follows a sun-baked desert highway. But one fiendish spirit rides among them with a brutal plan to cull the passengers, one life at a time. Making their way through the jagged mountains and brutal stretches of sand along Devil's Highway, they turn on each other as despair and terror overtake them until only a few remain in this disturbing tale of survival. Featuring a talented cast that includes: Shane Brolly (Underworld) Natassia Malthe (Elektra, Chaos) Robert Miano (Donnie Brasco) Al Sapienza(The Sopranos)
While traveling through the cursed Old Highway 13 in New Mexico, each passenger of a bus to Las Vegas is attacked by an evil fiend that possesses and destroys their bodies. |
About Devil's Highway (2005)
Year: 2005
Starring: Natassia Malthe, Shane Brolly, Al Sapienza, Robert Miano, Mark Gantt, Wilmer Calderon, Jennifer Farrell, Minka Kelly, Natalie Alexander, Haven Lamoureux, Corbin Timbrook, Domiziano Arcangeli, Dayton Knoll, Robert Ambrose, Matthew Hoffman, Rai Alexandra, Sarah Buxton, John Cherpas, Kellie Delkeskamp, Asad Farr, Jasper Oland, Nicolas Pajon, Lucia Sullivan, Bianca Roe, Sasha Snyder, Tim Kelly, Kacia Brady
Director: Fabien Pruvot
Reviewer: Florita A.
Score: 1.5 / 5 stars
Published: April 22, 2009, 6:49 pm
Avg. Rating: 3/5 stars from
5 users.
Reviews: 5.
Genre: ThrillerMovies and TV Shows That Need Votes
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Thanks for putting up all the photos of Brownville. I've been away now for some time and it is nice to see it. I can't believe I don't have more photos of it of my own. I go home to visit Dad at least once a year. I helped him do some of the work on this piece. Greetings from MO.
Photo taken in Brownville, NE 68321, USA


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Bienvenue, j'habite dans le quartier central et branché de Lyon et je suis une partie de la semaine à Paris. J'adore Lyon et j'édite un site consacré à sa visite. Je travaille dans un laboratoire de recherche et je suis aussi auteur. J'aime les marchés, les vins, la cuisine et le jazz.
Hello, I live in the central and trendy Lyon and I am part of the week in Paris. I love Lyon and I edit a website dedicated to his visit. I work in a research laboratory and I am also an author. I love markets, wine, cooking and jazz.
Gilles has completed online and offline ID verification.
It was very nice staying with Gilles, even though we did not have enough time talk to each other. The room is cosy. There is an elevator up to the 4th floor. And a great neighborhood, with cafes, restaurant, a very good jazz bar right next door and some galleries. I can recommend this place.
Location of the apartment was excellent! Apartment was surrounded by supermarkets, cafes, bars and restaurant. It was very near to the metro as well. The apartment was cozy and clean. The view that it had was incredible! The host, Gilles was very nice, he helped us carried our luggage all the way up six storeys! Would definitely come back again and will highly recommend it!
Gilles is great! Communication is efficient and he makes sure I have all the information I need. The facilities are basic, apartment is small, but works well for one person. Location is excellent, near bakeries, supermarkets, cafes and metro stations. The rotisserie just down the road sells amazing poulet at an affordable price. It's on the sixth floor, up a steep flight of stairs, fyi to those with huge luggage. Gilles would warn you and check if you're ok with that before he approves your booking :)
Right in hart of Le Marais, this tiny and cosy studio apartment ( perfect for one person and good for a short stay for two people) gives you the opportunity to easily explore the city. Located very close to metro station, a lot of nice coffees, restaurant and a very cool market within walking distance. Even if we didn't meet Gilles personally, he has been very supportive and kind via e-mail. As soon as you see the view from the two windows you immediately forget the six floor with no lift. High racomande. Thanks Gilles,see you soon
Gilles was a great host, responsible and responsive. Our schedules didn't match up but he was most helpful online throughout the trip. The studio though small was just enough space for my boyfriend and I. The building itself is a bit old, but that was definitely part of its charm. The sofa bed was very comfortable and the view of the surrounding rooftops made walking up those winding staircases to the 6th floor worth it every time. Conveniently located next to a metro stop and lots of good shops and restaurants near by. Would love to stay here again on my next visit to Paris (hopefully soon!)
L'appartement est petit, mais très bien situé. Il est équipé de tout ce qu'il faut pour un cout séjour. Bon rapport qualité prix.
Gilles is a great host - very helpful and kindly helped me carry my suitcase up the 6 floors of stairs. The location could not be better - such a good part of Le Marais. Rose Bakery is less than 5 minutes away, as is Merci and lot's of other great cafes, stores and metro stations. The apartment is small, as to be expected for a studio in Paris. Perfect for one person! And the view is beautiful. Would recommend.
Gilles' apartment is quite small but perfect for a couple staying in Paris for a few days. It is conveniently located, Gilles is very friendly and communication and check-in was flawless. Thanks a lot!
We had an amazing time here at Gilles place in Marais - just what you need for a few days in Paris. The apartment is small but perfect for two people to get by. Fantastic location also. Thanks for having us Gilles!
Appartement très bien situé au cœur du Marais à conseiller vivement pour profiter des joies du quartier!
Muy simpatico y agradable Guilles,puntual a la hora de juntarse ademas dejo todo ordenado limpio,eso se agradece,bonne continuation Hernán
Nous avons été ravis moi et mon mari de recevoir Gilles, respectueux et discret. Les lieux ont été complètement préservés et laissés dans un état impeccable. C'est vraiment avec grand plaisir que nous l'accueillerons à nouveau.
Gilles est très sympathique et discret. De plus, il a laissé l'appartement bien rangé et a tout nettoyé, c'était impeccable. Nous le recommandons et espérons le recevoir à nouveau peut être lors d'un prochain séjour !!
Gilles y su compañera, estuvieron alojados en mi casa solo por un día. Al irse dejaron todo en perfecto orden . los volvería a hospedar en mi casa
Guilles stayed at my place for one night with his wife. My experience was perfect! They are very nice guests - responsible, polite, extra clean and friendly. I would like to repeat one day :-)
locataire très sympa et très correct. A laissé le studio impeccable à son départ.


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Direct-mount scrapers |
Home | About us | Video/photos | Parts | Testimonials | Contact | Media |
TestimonialsDear Nelson EZ Pull:We own an Allis-Chalmers ditcher that the Nelsons converted to direct-mount. We are really pleased how easily it loads, as part of the weight of the load is distributed to the tractor for extra tractions as the ditcher fills. We find it easy to maneuver and it can be backed into tight places with ease. We definitely move more material with our direct-mount ditcher than with our front-wheel machine. Beck Brothers |
We bought an 18-yard Allis that Clifford converted and it works well. We like the extra width behind the Case IH Quad Trac. The converted scrapers they sell have been proven in the valley for years. Next time I am looking for a scraper I will call Clifford. Jim ReitmeierCrookston, MNThere are a lot of things on my farm that I am not able to control. Drainage is one thing I can control. The direct-mount scraper I bought from Cliff Nelson is a great addition to my farm. The direct-mount allows me to load more dirt with less horse power, equating into less time spent on a field. Time is everything in the Red River Valley where weather can change on a dime. Robb Dohman |
Telephone: Cliff Nelson (cell): 701-351-4472 Cliff Nelson (home): 701-205-1194 Jim Horsley (PR and web design): 701-237-9964 |
Email: firstname.lastname@example.com Nelson EZ Pull facility: 1939 160th Avenue South, PO Box 21, Comstock MN 56525 Office: 1754 39th Street South, Fargo, ND 58103 |


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Ross Bridge Holiday Market
Presented by Ross Bridge Market at Ross Bridge Welcome Center
December 7, 2013
The Holiday Market at Ross Bridge is a free market full of ideas for holiday decorating, entertaintaing, and gift giving. Spend the first Saturday after Thanksgiving getting everything you need to kick the Christmas season off right. The boy scouts will be selling freshly cut Christmas trees. Dorothy McDaniel's Flower Market will have a great selection of fresh garland, wreaths, and mailbox swags. There will be caterers sampling holiday favorites and unique gift vendors with hand knitted scarves, jewelry, and much more. Come and enjoy the fun.
2101 Grand Ave
Hoover , AL 35226
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Disney has been on TV for a very long time starting way back in the 1950s. If you had been around at the time and were a fan of Disney, these promos probably would have made your head explode. This bit of Disney magic was titled, "Disneyland" and really help sell Disney to a new generation. It aired on ABC at 7pm on Wednesdays.
2 thoughts on "1950s Disney Television Advertising"
It DID make my head explode. I have a treatise in a travel journal I kept (I have a family travel journal devoted exclusively to Disneyland, for Pete's sake) in which I break down my love for Disneyland (I've never been to any other Disney resort. I grew up on the east coast, but never made it to Walt Disney World in Florida (may parents didn't go for that sort of this and there were 6 kids in the family, so there you have it). I must have seen a commercial like this when I was a kid and it defined and cemented my vacation aesthetics for life.
It was a total coup for Disney. ABC was still an upstart spinoff from NBC, and TV was such a new medium, that ABC was desperate for something to show.
Walt Disney offered to provide a weekly show in exchange for providing an investment in the Disneyland theme park (which most people expected to be a money pit). Diney wound up with the opportunity to put on a weekly hour long promo for his theme park, so by the time it opened in 1955, the public was banging on the doors.
Kind of amazing that he got paid to put infomercials on the air.
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Kiana16's review of DermOrganic Leave In Treatment with Argan Oil
64 reviews
87% would repurchase
Package Quality: 4.2
Price: $$$
Package Quality: 4.2
Price: $$$
Cyclopentasiloxane, Dimethicone, Argan Oil, Grapeseed Extract, Tocopheryl Acetate (Vitamin E) Glycereth-2 Cocoate/Benzoic Acid (Natural Preservative), Fragrance.Age: 19-24
Skin: Other, Other, Not Sure
Hair: Brown, Other, Other
Eyes: Other
This is an awesome product for added shine, softness and decreased frizz. I currently use this, macadamian leave-in oil treatment, live clean argan oil, as well as garnier fructis sleek&shine leave in conditioner. I switch up everytime so I use these four products equally. The reason I do this is to ensure my hair doesn't get used to any one product. So far I would say this is my favourite of the 3 oils that I use. The reason: it is the most lightweight so it doesn't weigh my hair down if I want to achieve volume, and it's awesome at controlling frizz and adding softness and shine. You need very little so my bottle will last a loooong time considering that I probably end up using it once every 2 weeks (wash my hair 2-3 times a week and use this every fourth shower lol). My only complaint is the scent which is too fruity and strong for me. It's just wayyy too sweet but I don't care, as long as it performs well. Macadamian oil.............now THAT smells like heaven!
Read all 64 reviews of Leave In Treatment with Argan Oil
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I was sitting around this weekend thinking about practice. I had just read an article that said that to get good at something one had to spend ten years practicing. Studies show that practicing is the one strong predictor of success in nearly any field.
Then I thought, "what am I practicing?". I'm practicing eating healthy. That's good. I'm practicing rapping. Good too. After a nice long pat on the back I thought of a more important question. What am I not practicing?
I realized that every time I practice a bad habit, I'm enforcing it and making it harder to break. I guess that's obvious, but for some reason it hit me like a ton of bricks. I see myself, down the road, being someone who keeps his living space really clean, pays bills as soon as they come in, gets ready fast in the morning, and doesn't procrastinate. Every day I continue to not do those things I'm making it harder to start doing them.
And what about this mystical 10 years? I'm sure that's accurate for things like sports, being experts on topics, ninja fighting, etc., but some things don't need to take that long. When people talk about personal development they talk about slow and gradual change. Why? I can be a proactive tidy person for one day - anyone can. And if I do something one day, I can do it the next day too. It's like when I started eating healthy, or when I went vegan. I just changed my beliefs on the matter, and that changed my actions.
In a second my beliefs changed to be repulsed by my previous behavior. Having a messy house wasn't about having a messy house - it was about clinging to old habits that detract from my life.
I got up, and did 6 loads of laundry - enough to wash every article of clothing I have. I cleaned up the boxes of stuff that I brought over when I moved in. I did all the dishes and scrubbed the sink. I went into my bathroom and scrubbed the counter and sink. I (with the assistance of the lovely Evan) hung some prints I had bought three years ago. I vacuumed everywhere, including the floor of the closet. I went through my computer and deleted old files, combined iterations of backups, and uploaded 4gb of important files to my online backup.
The weird part is that I was enjoying it. Every load of laundry made me happier. Organizing my closet made me feel good. Getting on the computer didn't appeal to me - I wanted to do all these things that I normally hated doing.
My new approach is to instantly develop new practices. When you decide that it's ok for a change to take years it WILL take years, or it may never get done at all. It becomes too easy to put it off. When you institute a new practice and demand that you stick to it from day one you feel empowered, excited, and immediately accountable. Try it!
My recent war that I've been waging has been against stuff. For a while (and by that I mean since 7th grade), I've produced my own income and spent most of it on things from the internet. I've talked about this before so I won't bore you with the laundry lists of my posessions.
Then when I sold my house in North Austin, I was faced with the prospect of moving all that stuff. My most financially productive years were while I lived there, so I bought a ton of stuff. During that period of collection it never occurred to me that I would eventually move. My garage as well as one of the bedrooms in the house because warehouses for my things.
When I moved, I took a pretty extreme approach. I went through every item in the house and made a decision - either I needed it or not. If it was worth more than $50 or so I sold it. If it was worth less than that I put it in a bedroom. If it was worth less than $5-10 I donated it or threw it away. I posted my address on craigslist and let people go into the bedroom and take all that they wanted. Within a few hours the bulk of my stuff was taken away.
A makeup post for yesterday, the seventeenth day of Overcoming Negativity.
It was a good day overall. Not too much went on, and I was dead tired. Things ended up panning out so that bedtime was at 8pm and I slept until this morning (the morning of Wednesday June 26)!
I'm starting to let things go. My room is getting messy, laundry needs to be done, my desk is piling up with papers and things that need to be attended to.
Probably a sign that I'm letting my mental faculties go. I'm just so burnt out right now. Damn.


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On Sale!
Portable gas griddle with 36" x 20" cooking surface. Features (4) independently controlled burners and 60,000 BTU's. Removable legs and shelves provide easy storage. Includes four commercial castor wheels (2 locking). Sturdy stainless steel frame. Solid cast iron burners for long life and reliable performance. Electronic ignition for sure start every time. Includes two removable steel shelves measuring 20" x 12.5". A 2" high side and backsplash for ease of cooking. Folds down to 40" x 22.5" x 12" for easy storage. Available with a griddle top that is 3/16" rolled steel with reinforced angle irons for added heat retention and surface stability. Also available with optional charbroiler/grill box to easily convert your griddle into a charbroiler.
Griddle Top | Charbroiler/Grill Box |


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Last Updated: December 12, 2012 |
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ImageIn Outlook, when you mouse over a link, it will show you what the real Web address behind that link is. In this case, it is definitely different from the link being displayed. Whereas the link being displayed points to the Chase.com domain, the actual link hiding behind it goes to the notifychase.com domain. This is not Chase's domain, but rather, the phisher's.


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Athens Regional Medical Center
A health care facility serving 17 counties in the northeast Georgia area, offering an array of specialized medical, surgical & diagnostic procedures.
St. Mary's Health Care System
A private, non-profit, acute care network serving a multi-county area of northeast Georgia. In addition to hospital and long term care facilities, St. Mary's provides home health care and hospice services, community wellness programs, and more.
Athens Nurses Clinic
A non-profit safety-net health care clinic providing free evaluation, treatment and education for acute and chronic medical and dental conditions to uninsured low-and-no income residents of Athens-Clarke County and the surrounding counties.
Athens Neighborhood Health Center
Provides affordable, high quality primary healthcare to medically under-served individuals in Athens-Clarke County and surrounding areas. Serves children living in poverty, the working poor, elderly individuals on fixed incomes, homeless individuals and persons with chronic illnesses.
Clarke County Health Department
Provides a comprehensive range of free or low-cost health services to the citizens of Athens-Clarke County in the areas of women's health, children's health, communicable disease control, chronic disease services, dental health, nutrition services, health education, and more.
Mercy Health Center
A volunteer-based non-profit Christian health center providing care for the uninsured in and around Athens with services including medical, pharmacy, and dental care.
University Health Center
The University Health Center at the University of Georgia exists to advance the health of students and other members of the University community by providing primary health care, prevention focused services, and learning experiences which develop health knowledge and skills.
Odyssey HealthCare of Athens
Offers services to improve the quality of life for patients facing terminal diagnoses while providing support for their loved ones. Caregivers serve patients in their own homes, nursing homes, long-term care or assisted living facilities, and hospitals.
Veterans Health Administration Clinic
An outpatient clinic providing health care services to veterans including primary care, mental health services, and preventive health programs.


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Integrating the Menu into the Ubuntu Unity Window TitlebarFeb 23, 2011, 13:32 (0 Talkback[s])[ Thanks to Bob_Robertson for this link. ] "I just read a very interesting post about placing the menu bar into each window titlebar in Ubuntu's Unity desktop. Related Stories:
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Great recipes and cooking tips! For a limited time, get a year of Allrecipes Magazine for $5.99.
See how to make little meringue sandwiches with a ganache filling.
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These dark chocolate cookies will double your chocolate delight.


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Series Information: Superhawks
Comment |
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Description's Source: The enemy struck without warning, declaring war on our nation. Now it's time to call our own fearless warriors to duty - A covert offensive team trained as avengers in justice... The Superhawks have arrived. |
Genre: Fiction→ Adventure→ Political Intrigue and Terrorism |


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Make sure you take your shoes off at the door..
Special Checkin unlocked.. Spend more than $10 and get $10 don't work in there world... Four who... Where's the mayor?? is what the girl said @ the register.. Smh..
Make sure that you sample everything before you leave!!! They love giving out samples and opening bottles!!
Check yur problems @ da door and do ya shift.. Hope n pray that the next shift gets in on time cause they won't!!!!
Mayor Diggah states.. Mosholu Parkway is alright..


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Are you smarter than your computer? What about a robot? Explore the science of artificial intelligence.
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Learn all about biotechnology: research, discoveries and applications in nature, pharmaceuticals and more.
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With order comes disorder. Learn about chaos theory, controlled chaos and the butterfly effect.
From plants and machinery to cosmetics and cleaners, explore the scence of chemical engineering.
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Why was Darwin so into those finches, anyway? Learn more about the theory of human evolution.
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Gadgets and gizmos aren't just for geeks. Check out the coolest new technology and electronics.
What's in your DNA? Learn about molecular genetics, the human genome, heredity and more.


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Craft bazaar coming to senior center
The Snoqualmie Valley Hospital Auxiliary's Holiday Craft Bazaar/Bake Sale will be held from 9 a.m. to 2 p.m. Saturday, Oct. 23, at the Mount Si Senior Center, 411 Main Ave. S. in North Bend.
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Hi. For a Bose gas, my textbook states that below the critical temperature, which is given by n(λth)3/(2S+1)=2.612, the fugacity z=eβμ≈1. Why is this? The most basic explanation possible would be ideal, as I only need the rough idea. Thanks!
Or chemical potential μ=0, i.e. the energy of the ground state. Would it be lower, not even the ground state would be populated. Would it be higher, the population of the ground state would be infinite.


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Definición de cede en inglés:
- We are defending the country by ceding our own powers of self-defense to a set of managers external to ourselves.
- Leave aside the implications for self-government of effectively ceding such powers to Brussels.
- No government cedes its power willingly, so it is likely that Canberra's interference, however purportedly reform-minded the agenda, will continue.
Early 16th century: from French céder or Latin cedere 'to yield'.
Cede is from French céder or Latin cedere 'to yield, give way, go'. Cedere is a rich source of English words including abscess (mid 16th century) 'going away' (of the infection when it bursts); access [Middle English] 'go to'; ancestor (Middle English) someone who went ante 'before'; antecedent (Late Middle English) from the same base as ancestor; cease (Middle English); concede (Late Middle English) to give way completely; decease (Middle English) 'go away'; exceed (Late Middle English) to go beyond a boundary; intercede (late 16th century) go between; predecessor (Late Middle English) one who went away before; proceed (Late Middle English) to go forward; recede (Late Middle English) 'go back'; and succeed (Late Middle English) 'come close after'.
Palabras que riman con cede
accede, bead, Bede, bleed, breed, concede, creed, deed, Eid, exceed, feed, Gide, God speed, greed, he'd, heed, impede, interbreed, intercede, Jamshid, knead, lead, mead, Mede, meed, misdeed, mislead, misread, need, plead, proceed, read, rede, reed, Reid, retrocede, screed, secede, seed, she'd, speed, stampede, steed, succeed, supersede, Swede, tweed, weak-kneed, we'd, weedDefinición de cede en:
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"I was born when you kissed me. I died when you left me. I lived a few weeks while you loved me."
Humphrey Bogart
"Live as if you were to die tomorrow. Learn as if you were to live forever."
Mahatma Gandhi
"I am convinced that it is not the fear of death, of our lives ending that haunts our sleep so much as the fear... that as far as the world is concerned, we might as well never have lived."
Harold Kushner
"While I thought that I was learning how to live, I have been learning how to die."
Leonardo da Vinci
"I don't believe in happy endings, but I do believe in happy travels, because ultimately, you die at a very young age, or you live long enough to watch your friends die. It's a mean thing, life."
George Clooney
"You are never too old to set another goal or to dream a new dream."
C.S. Lewis
"Dying is not easy as Living and Living is not easy as Loving and Loving is not easy as being happy and Happiness is not easy as enjoying and enjoying is not easy than eating and sleeping; without eating and sleeping Life is Suffering or Death just be the Mercy."
Thanh Luu