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Candlewood Suites Lexington
Candlewood Suites Lexington
Guest Love Hotel's Cozy Suites in Lexington, KY
In the heart of the "Horse Capital of the World," the Candlewood Suites® Lexington hotel is perfect for both business and leisure travelers. The property is pet friendly, and the hotel's guests love that Lexington, Kentucky is in the center of the Bluegrass Region, an area noted for its beauty, excellent pastureland and horse farms.
In Lexington, KY, our hotel's location is conducive to business travel. We are conveniently located four miles from Lexington Bluegrass Airport (LEX) and two miles from I-75. There are a variety of businesses nearby, including Affiliated Computer Services, Lexmark, and Toyota.
If leisure is the reason for your stay in Lexington, KY, the hotel's suites are a great choice. As the "Horse Capital of the World," Lexington is home to an array of race tracks including Keeneland and Red Mile race tracks, which are less than four miles from the hotel. We are only two miles from the University of Kentucky, where you can see some of the best collegiate sports in the country. An array of activities surrounds this pet friendly hotel's location.
Lexington, Kentucky is a unique and beautiful place with plenty to offer all travelers, and the hotel's amenities make Lexington, KY feel like home. Enjoy a 24-hour Fitness Center, free guest laundry facilities and an on-site convenience store. Be our guest at the Candlewood Suites® Lexington hotel and "Consider Us Home."
Quick Info
- Check In: 3:00 PM
- Check Out: 12:00 PM
- Minimum Check-In Age: 18
- Late Check Out Available
- Parking: Free
- Print Fact Sheet
- Chat With Us
- On-site Guest Self-Laundry Facilities
- Housekeeping Full Service
- Standard Wireless Internet service is free for all members
- On-site Fitness Center Available
- Outdoor Gazeebo Grill
It's hard to leave your best buddy at home when you're traveling for extended periods, so we provide a pet friendly experience. Restrictions and fees apply.
Whether you are booking suites for a family reunion or suites for your company's training needs, Candlewood Suites hotels can accommodate your group.
Workout whenever you want: Candlewood Gym always has an open door and lots of aerobic and cardio equipment to make it easier to stick to your exercise routine, no sweat.
At Candlewood Suites® hotels, we want you to experience comfort in every sense.
Getting Here
Guest Reviews
Overall Experience
Great stay, salt-water indoor pool
October 06, 2015
Really enjoy staying here, have stayed several times now, and with little kids. The suites allow us to stay in a separate room from the kids, and the salt-water pool makes the pool a particularly nice activity for the kids.
Good Solid Hotel room with Kitchen suite
September 28, 2015
Reliable and clean room with nice kitchenette and a full size fridge.
Great Service
September 08, 2015
The Hotel entrance was easy to miss from the road, but once parked and walking in, our experience was great. the clerk was very helpful and polite, we got a nice upgrade and enjoyed our stay.
The kitchen in the room was decently equipped and with the "Pantry", we found a reasonably-priced dinner and saved a lot of money by not having to go out.
They view from the room was however quite depressing, but the hotel is conventiently close to the highway, which explains it.
Great Place to Stay
September 02, 2015
I was looking for a hotel close to the Big Blue golf course and this one was very close so i gave it a try., Very good location and close to all roads leading to whatever your looking for. Room was clean and more then i needed for the one night stay but would be great if you were goin g to be in town longer then a day . Price is within reason with all other hotels in the area. There is a place in the hotel that has things for free if you forgot pack as well as items you might buy for your needs. I would stay here again when in town.


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Pain of Salvation -- Paris, France -- February 18th, 2012
View Single Post
Happy birthday, darling. We love you very very very very very very much
Join Date: Feb 2011
Location: Russia
Posts: 5,852
Pain of Salvation -- Paris, France -- February 18th, 2012
Venue: Le Divan du Monde
Support: Cryptex
Pain of Salvation
Road Salt Theme [Over PA]
Softly She Cries
The Deeper Cut
To the Shoreline
Chain Sling
Ending Theme
The Perfect Element
Kingdom of Loss
No Way
Enter Rain
Black Diamond [Kiss]
The Physics of Gridlock
Hicksville, Habitus and Itchy Feet
Dance of the Strange Folk
Camden Town
The Big Easy
Its Mine
Gypsys Lullaby
Most Lovable Monster
Grief and Despair
First of all, I'll address what the majority of posts in this thread would be if I didn't say anything about it: I'm in Paris for four days because it's my dad's 69th birthday, and we wanted to celebrate by flying to Paris for a few days.
Divan du Monde is a small, intimate venue not far from a few other notable Paris venues, such as La Cigale. Having sold out half a week before, the place was packed halfway through Cryptex's set, both upstairs at the balcony area and on the floor. Cryptex were fine; their singer has a a great voice, and the band itself was very enthusiastic about performing. I'm not sure whether they played all of the set posted above, since I just copied off the set I got from the guitarist, but they played for about 45 minutes.
Half an hour later, Pain of Salvation came onstage to a barrage of applause. Having become a huge POS fan since November (thank you, Andy!) I was fucking stoked, especially since I knew they were playing Sisters (one of my favorite songs of all time) on this tour for the first time, even though Road Salt One came out a few years ago. Opening their set with Softly She Cries, Pain of Salvation began with a blast, but unfortunately, Daniel's vocals were hardly audible for it. Ashes and Linoleum were next, excellently executed, with Daniel's mind-blowing voice shining during 1979 and To the Shoreline. Personally, I prefer the Road Salt albums to their earlier, more metal-oriented albums, so I didn't enjoy the next dozen songs as much as the rest of the audience did. I really liked Kingdom of Loss and Enter Rain, however, which surprised me since I usually skip Scarsick material when I listen to POS. No Way was fucking amazing, with the band extending it, repeating the second verse a few times and improv-jamming halfway through.
For the encore, Daniel announced the next song as the last for the night, before some drunk Brit at the bar screamed "there's no bloody curfew, so keep fucking playing!", and before you knew it, the band members had switched instruments and had begun playing an impromptu cover of Kiss' Black Diamond. After they were done bantering back and forth, POS played The Physics of Gridlock, and finally, the most important song of the night - Sisters. There are no words in the English language to describe how awesome it was.
So now I'm sick as hell, but I don't fucking care, because I had an awesome evening, and I can't wait to see POS again. Au revoir!
9/24 Beirut
10/18 Opeth
10/19 The Tallest Man on Earth
11/5 Titus Andronicus
11/22 The Vaccines
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Intravenous Sodium Bicarbonate Verifies Intravenous Position of Catheters in Children
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- Tabular View
- No Study Results Posted
- Disclaimer
- How to Read a Study Record
Sodium bicarbonate injected into a blood vessel transforms to carbon dioxide and water. The increase in carbon dioxide production can be detected by measuring the exhaled carbon dioxide in the lungs.
This study is conducted to access the clinical application of measuring exhaled carbon dioxide to verify the correct position of intravenous catheters.Once the catheter is in the correct position the injected bicarbonate will be detected as a distinct elevation of exhaled carbon dioxide. A similar study was already performed in adults and was found useful. The investigators now extend the clinical application to children.
Verifying the Correct Position of Intravenous Catheters
Device: intravenous sodium bicarbonate
Phase 1
Phase 2
|Study Type:
|Study Design:
|Allocation: Randomized
Endpoint Classification: Safety/Efficacy Study
Intervention Model: Crossover Assignment
Masking: Double Blind (Subject, Caregiver)
Primary Purpose: Diagnostic
|Official Title:
|Evaluating the Use of Intravenous Bicarbonate as a Tool to Verify the Intravascular Position of an IV Catheter in Children
- increase in exhaled carbon dioxide [ Time Frame: 0.5-10.00 seconds ] [ Designated as safety issue: No ]
|Estimated Enrollment:
|Study Start Date:
|July 2011
|Study Completion Date:
|December 2012
|Primary Completion Date:
|December 2012 (Final data collection date for primary outcome measure)
|Assigned Interventions
Experimental: intravenous bicarbonate
Diluted sodium bicarbonate will be injected to s new IV catheter expecting a rise in end-tidal CO2
Device: intravenous sodium bicarbonate
Dilted sodium bicarbonate 2.1%
Placebo Comparator: control
equal volume of normal saline will be randomely injected
Device: intravenous sodium bicarbonate
Dilted sodium bicarbonate 2.1%
Detailed Description:
Extravasation is the unintentional injection or leakage of fluids into the perivascular or subcutaneous space resulting in potential tissue injury. This prospective controlled study, will assesse the diagnostic utility of using intravenous diluted sodium bicarbonate to confirm placement of intravenous (IV) catheters in ventilated children. Diluted sodium bicarbonate will be created using undiluted standard 8.4% (1 meq/mL) sodium bicarbonate mixed in a 1:3 ratio with sterile water to achieve a final diluted concentration of 2.1% (0.25 mEq/mL). In 20 ASA I-II mechanically ventilated children age 2-8 years, the effects of 1 ml/kg of diluted 2.1% sodium bicarbonate or 0.9% normal saline,injected in a randomized order, will be analyzed. All children will have venous blood samples taken prior to injection and 10 minutes after injection for analysis of venous blood pH and electrolytes.
|Ages Eligible for Study:
|2 Years to 8 Years
|Genders Eligible for Study:
|Accepts Healthy Volunteers:
Inclusion Criteria:
- age 2-8 years
Exclusion Criteria:
- ASA III or higher
Please refer to this study by its ClinicalTrials.gov identifier: NCT01409083
|Sheba Medical Center
|Ramat Gan, Israel, 52361
No publications provided
|Responsible Party:
|Dr. Ilan Keidan, director of pediatric anesthesia, Sheba Medical Center
|ClinicalTrials.gov Identifier:
|NCT01409083 History of Changes
|Other Study ID Numbers:
|Study First Received:
|August 2, 2011
|Last Updated:
|December 11, 2012
|Health Authority:
|Israel: Ministry of Health
Keywords provided by Sheba Medical Center:
end-tidal carbon dioxide
sodium bicarbonate
ClinicalTrials.gov processed this record on October 08, 2015


text:
Typically 250 off 135 (kchrome 25) frames, at 6 foot
Some people asked for rejects they normally printed ok - - metering off brides nose with dome incident reliable.
Computer flash bounced off ceiling indoors.
Brides liked their dress highlights burnt, 'the slides are optimised for projection with high wattage on bead screen, but a printer could make them lighter, ...' was the answer, I normally handed over the rejects as well.
I normally demonstrated them on king sized white cotton sheets staple gunned to wall - ceiling to floorboards with 5cm projector lens, ie big like in cine theatre.
Single coated lenses with deep hoods, even in 90s for pastel and flare. Kchrom25 was nice.


text:
If a man walks up to another on a crowded public street, demands that he "stand or fall," and then without pause shoots him three times in front of twenty witnesses, it's a clear-cut case of murder, is it not? But if the victim was a blackguard, is the shooter entitled to claim provocation or self-defense or some other statutory excuse to reduce the charge to one of manslaughter or even a simple assault? A jury in Frederick, Maryland, faced such questions in April, 1871.
The date of the killing: Monday, October 17, 1870. The scene: a commercial street in downtown Crawford, Maryland. The victim: Colonel William W. McKaig of Crawford, late of the Confederate Army, wealthy owner of an iron foundry. The shooter: Captain Henry C. Black of the same city and service, born to a poor family and employed at a coal company. Black had been on the hunt for McKaig for half an hour and finally spotted his quarry on a public sidewalk. Drawing a pistol, declaring his intent, Black mowed down McKaig, who staggered and fell dead in the street.
Henry Black had learned only the night before why his family hated Colonel McKaig. Henry's father, Harrison Black, had shot Colonel McKaig in the arm and faced criminal charges. Henry demanded an explanation, and in an all-night talk with his mother, he got it: Henry's older sister Myra had been intimate with McKaig for years, both before and after the Colonel's marriage to another woman. Myra had discovered in the spring that she was pregnant and had been sent away. The elder Blacks had recently learned that Colonel McKaig was bad-mouthing Myra as a prostitute to his friends. But it wasn't true. Henry's mother brought out a letter from Colonel McKaig to Myra Black that described the best way for Myra to sneak over for a rendezvous while his wife was out of the house.
The next day, Henry Black found McKaig on the street, and that was the last of Colonel William W. McKaig. After the shooting, Black stood over the dying man and shouted, "That's what you get for ruining my sister, and for trying to send my father to the penitentiary! And I have got another shot for any damned scoundrel who says I've done what was wrong!"
The State of Maryland took up the bold challenge and put Black on trial for murder. Dozens of witnesses testified in a proceeding that lasted for weeks. The jury deliberated for eighty minutes, including dinner, before returning a "not guilty" verdict by a vote of 10 to 2. Cheers greeted the outcome, for public opinion was with Black. It was to his mother that Henry Black first turned when the verdict was announced. As far as the jury was concerned, McKaig had it coming. And that was defense enough for Henry Black.


text:
Asus O!Play HDP-R1 Firmware 1.21
Internet service:
-Over 20,000 internet radio stations
-Over 100 internet TV channels
New functions:
-Add BD iso navigation and subtitle identification
-Add BD/DVD direct play by folder
-Add hue and saturation tuning in video setup menu
-Add Brazil language support
-Add power saving function in system setup menu
-Add WiFi manual configuration
-Add My shortcut edit function
Fixed bugs:
-Fix UPnP bug: wrong data information
-Fix Timezone setting bug: can't stop issue
-Fix Clear key does not work when key in encrypted string
-Improve JiPin 8042 HDMI compatibility
It is highly recommended to always use the most recent driver version available. Do not forget to check with our site as often as possible in order to stay updated on the latest drivers, software and games. Try to set a system restore point before installing a device driver. This will help if you installed a wrong driver. Problems can arise when your hardware device is too old or not supported any longer.
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MLA Newsletter
From the Editor
From the Editor
Feeling at Home at a Big Convention
Reprinted from the Fall 2011
MLA Newsletter
Although some people think that any large professional conference invariably means anonymity, high costs, and an overwhelming choice of activities, it doesn't have to be this way. In fact, the large conference might just be your best bet for a satisfying professional experience that opens new doors while also making you feel comfortably at home.
Let's think a moment about the many advantages of the big conference. The negotiating ability of a large association such as the MLA yields comparatively low hotel and registration rates in venues likely to be attractive to attendees and those who accompany them. Big conferences often feature speakers you won't find at smaller meetings. You also have the chance to go beyond your academic specialization and engage in discussions far afield of your primary interests, which most attendees cite as a major draw. And then there are books, books, and more books (and the editors you want to meet) at a big conference such as the MLA Annual Convention.
So how do you make it comfortable? Many attendees begin well before January. They read the convention program and get in touch with people by e-mail. A popular route these days is to use the hashtag #MLA12 on
to start conversations on particular sessions, suggest meet-ups, and share information. Graduate students have an additional home at the MLA convention: the graduate student lounge, where snacks often mysteriously appear along with visitors from the MLA Executive Council and staff.
The convention in Seattle will provide more social opportunities than ever before, thanks to some wonderful cultural excursions (including tours of the EMP Museum and the Seattle Central Library, a hands-on cooking class featuring sustainable seafood, and a wine and oyster tasting reception) and Creative Conversation sessions with Charles Johnson, Xi Chuan, Richard Van Camp, and others. We've also scheduled the Presidential Address to start earlier on Friday evening, and we've placed the MLA Awards Ceremony in its own time slot on Saturday evening.
Moreover, the convention need not end once you've left Seattle. Our interactive program allows attendees to post comments and links to slides, papers, and other session materials so that you can keep the discussion going after you've returned home.
Some scholarly associations make a substantial profit from their annual meetings. The MLA is not one of them. Since I've been executive director, we've hovered around the break-even point. Our goal is to provide a convention of outstanding quality while keeping costs as low as possible and giving special consideration for graduate students and under- or unemployed members. I hope you will come to Seattle this January and make the largest conference in the humanities your own.
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text:
Stonefield (Bilston) Boys from the post-war era
Posted: January 27, 2011|
KINDLY emailed to us by Anne and Mervyn Probert, this photograph (right) depicts Mervyn's school football team of sixty-four years ago.
It shows the Stonefield (Bilston) side in 1947.
The names that Mervyn can recall are:- Back Row: Mr Brandwood, (?), (?), Tommy Alexander, Ron Jones, Bill Cooper, Mr Fellows.
Front Row: Sammy Burgess, Billy Timmins, Mervyn Probert, Alan Humphries, Joe Phillips, Terry Evans.
Mervyn, who attended Stonefield from 1945 until 1949, writes, "I am sure some of these old team mates are still around but most will now be in their mid- seventies.
Hope it jogs a few memories".


text:
TAB (Teen Advisory Board)
Primary tabs
The library Teen Advisory Board meets monthly to plan, promote, and participate in projects that serve the library and the community. Please pick up an application at the library. TAB meets usually on the 3rd Wednesday of the month from 3:30-4:30. For grades 7-12.
Events & Programs--Ages:


text:
Skin Metro: For beauty, luxury-A A +A
Sunday, March 9, 2014
BEAUTY and luxury don't have to come expensive, at least not with Skin Metro Davao Total Wellness Center.
Emmanouelle Zhang, one of the owners of Skin Metro Davao, said the skin and body care clinic opened a fifth and only branch in Mindanao to be closer to Dabawenyos after seeing a great demand for beauty care.
"We can cater to all markets. Our prices are competitive," she said.
She said Davao branch is the largest at 180 square meters, with six spacious massage rooms and five treatment rooms for facial, laser and slimming services.
Also, a separate three chair foot spa and foot massage, and pedicure and manicure areas were also in place to accommodate four clients all at once.
Aside from being the biggest, Skin Metro Davao is also the first among its outlets to carry the branding "Total Wellness Center," instead of "Face & Body Care."
"Because one can have everything done in our Davao branch," Zhang explained.
Customers can also expect better services with the addition of dry sauna, which is expected to be available on March 16, 2014.
Skin Metro, with three branches in Metro Manila and one in Cebu, earned popularity for its Lipocavitation, a non-invasive and non-surgical way to trim down fats.
She said a private room is also another addition for the center come May 2014, intended for its yet another state-of-the-art slimming service, which makes use of an infrared technology to shed extra pounds off and detoxify body.
"Using the infrared technology, our clients can just lie down and shed sweat/detox without doing anything. These are what our clients should expect from Skin Metro Davao," she said.
She said they decided to put up its first Mindanao branch in the city because there's an opportunity here, expecially that there are Dabawenyos who, she said, travel all the to their Manila and Cebu branches to avail of the services.
"We also thought about other Pinoys who don't have the time to travel. So we want to reach out to Dabawenyos and the Mindanao region to offer these wonderful treatments that are not only available in Luzon and Visayas region but also in Mindanao. So wherever you are, you get that same effective, quality service that Skin Metro is known for," she said.
She said the market in Davao is always on the ball about trying new and different things, and the growing number of clients only goes to show its quality and excellent service.
"With that, along with our constant seeking as well as providing for quality work and service excellence is what will make us grow even more in Davao," she said.
New services such as Gluta IV Injection, L-Car Slimming & Diet IV Injection, Placenta IV Injection for Anti Aging, and Slimming dome infrared detox/weightloss treatment will be offered soon on top of the services they are already known for.
To date, all five branches of Skin Metro have already served more than 15,000 clients for hair removal with 99 percent success rate, using Intense Pulsed Light (IPL).
She said they want to focus on their Davao branch before opening another in Mindanao.
Skin Metro is located at #6 Gutierrez Bldg., J.P. Laurel Avenue, Cor. F. Torres St., Davao City, fronting El Bajada Hotel.
Published in the Sun.Star Davao newspaper on March 10, 2014.
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A collection of snail in motion in a garden environment.
Giant African Land Snail, snail, garden snail, gastropod, garden, shell, alone, animal, background, brown, bug, close, closeup, crawling, green, helix,
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|Middleton Out For Season
|Written by Staff Reports
|Tuesday, 04 September 2012 11:54
The Appalachian State University athletic department has annoucned that defensive back Doug Middleton will miss the remainder of the 2012 season due to the ankle injury sustained last Saturday at East Carolina. He will apply for a medical redshirt (which will almost certainly be granted) and will
have three years of eligibility remaining . He is expected to be able to return to the field for spring practice in 2013.
Photo Courtesy: Trent McKinney, PHOTO SUBMITTED
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Weapon 7: Fairbairn-Sykes Commando Dagger by: Leroy Thompson
Click thumbnails for expanded view.
- $16.16
- Quantity Available: 2
Collector Bookstore is a retailer of new books located in Leavenworth, Kansas. We specialize in price guides and reference books for the antiques and collectibles industry.
Table of Contents
The Fairbairn-Sykes Commando dagger has become iconic as the most widely recognized fighting knife in the world. The origins of the dagger can be traced to Shanghai in the 1930s where W. E. Fairbairn and US Marine officers including Sam Yeaton carried out experiments to develop what they considered the perfect knife for close combat. When Fairbairn and Sykes became instructors for the Commandos, they refined the design which would evolve into the classic Fairbairn-Sykes dagger. The dagger was first used during early Commando raids into occupied Europe but saw action in every theatre of World War II. US Rangers and Marines who had trained with the Commandos took their Fairbairn-Sykes daggers home, and this also influenced the development of American Special Forces daggers. The Fairbairn-Sykes remained in use with many units after the war. It has become a symbol of Commando and special forces units throughout the world.
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- Weight: 0.81 pound
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text:
Cleanse and Purify with Red Clover
January 10th, 2010 by Cindy Hebbard
Red clover, a common perennial herb that grows wild in meadows through much of the world, is in the legume family, just as beans, peas and peanuts are. Its Latin name, Trifolium pretense, means "three leaves, found in the meadow". Red clover is well-known by organic farmers as a cover crop, ideal for fixing nitrogen to increase soil fertility. Some of its other common names are purple clover, cow clover, meadow clover and wild clover.
There are hundreds of species, and many are grown for feeding livestock, but red clover is believed to be of great medicinal value. The flowering tops, on the one day when they are at the peak of perfection, are harvested for use in tinctures, teas, capsules and body care products. Because red clover, once dried, easily loses its medicinal value, it is important to choose products carefully so that we may enjoy their numerous benefits.
Red clover is a powerful herb for a broad variety of ailments. It is considered an alterative, meaning that it's a remedy that restores overall good health. Well known for its ability to cleanse and purify the blood, red clover is believed to help prevent some of the plaque deposits that can lead to heart attacks or stroke, improving circulation and overall cardiovascular health.
Assisting the liver with the detoxification process, red clover has been reputed as a safe and useful remedy for a variety of health complaints associated with the liver or 'dirty blood'. Over the last several centuries, one of red clover's primary uses has been for dermal inflammations, including childhood and adult eczema, psoriasis, dandruff and various rashes. Red clover would often be added to the tea pot for daily consumption and detoxification when symptoms arose. Ointments or salves containing red clover would be applied topically to the affected area. More recently, red clover has been useful for teen, cystic or hormonally-activated acne.
Red clover is considered to be an excellent antispasmodic, meaning that it helps to relieve mild cramping or muscle spasm and it works as an expectorant, helping clear lungs of phlegm and toxins. Traditional health practitioners have used it as part of a program to calm bronchial spasms and coughs associated with the common cold, as well as some serious respiratory problems, including whooping cough, bronchitis, asthma and pneumonia.
Red clover is high in numerous nutrients, including the B vitamins, niacin (B3) and thiamine (B1); vitamin C; and several minerals, including calcium, chromium, magnesium, phosphorus and potassium. Nutritionally, red clover is most well known as a very rich source of isoflavones, a group of compounds found in many plants. These phyto-chemicals, also found in soy, look similar to the female hormone estrogen.
Red clover is often used in herbal formulations to help girls and young women with cramping, moodiness and breast tenderness associated with PMS. Red clover has become popular for helping women with menopause and peri-menopausal symptoms, such as hot flashes, night sweats and mood swings. It is used by women of all ages to help protect the breasts and improve hormonal health.
There is a lot of confusion in the media and on health websites about how phyto-estrogens, such as isoflavones, work. When plant-based chemical compounds are naturally occurring in an herb such as red clover, these hormone-balancing little gems simply fill some of the estrogen receptors within the body. When isoflavones have been chemically isolated away from the complexity of the plant, they lose the checks and balances of the whole, natural, full-spectrum herb. They can then act more like hormone-replacement medications, providing potential results but with greater possibility for side-effects. Red clover in its whole form such as herbal tea or tincture has not been associated with any side effects.
Red clover has been used for cysts, cancerous tumors, and other growths in Europe, Asia and the Americas for centuries. Early test tube research shows that it may stop cancer cell growth or kill cancer cells altogether. Human research shows promising evidence that red clover interferes with the progression of endometrial cancer (the lining of the uterus) and may block enzymes believed to contribute to prostate cancer in men. Another study showed that red clover also may slow the development of benign prostate hyperplasia (BPH), the non-cancerous enlargement of the prostate gland.
Red clover has been a key ingredient in traditional remedies used by Ojibway and other native tribal healers. It has been an important part of several detoxifying herbal preparations in the past hundred years, as well. Rene Caisse, a nurse in the 1920's in Canada, opened a cancer clinic using a formulation containing red clover. A portion of her formula is now marketed as Essiac, and for decades these herbs have been used to help people and their pets with various types and stages of cancer and other blood disorders.
Also in the early 1900's, the Hoxsey formula was used in 17 cancer clinics throughout Texas and the US. An excellent book called "When Healing Becomes a Crime" was written by Kenny Ausubel about Harry Hoxsey and his experiences with herbal and alternative cancer protocols.
The Eclectic doctors in the 1800's used red clover often. A fomentation (hot, moist herbal compress), salve, liniment, infused oil, or poultice made with red clover and other cleansing herbs was applied topically to help reduce growths.
You'll find several excellent red clover products available in the Wellness department and the tea aisle of your local co-op or health food store. Look for Herb Pharm's tincture of red clover, as well as their wonderful detoxification formula, Red Clover – Stillingia Compound, for a daily or occassional blood purifying effect. And at least twice a year, we should all participate in a more therapeutic cleansing program, which might include one of my other favorite red clover products, such as:
- the detoxification formula called Flor-Essence Herbal Tea Blend, which is based on the original Ojibway formula passed along to Rene Caisse, offered in liquid or dry herb tea,
- Eclectic Institute's Blood Support, which combines freeze-dried burdock with red clover, yellow dock, nettles and dandelion root to support liver and blood detoxification,
- Eclectic Institute also has a straight-up freeze-dried red clover. I prefer the combinations above, but this is an excellent choice for those who are looking for a high quality red clover capsule.
Happy cleansing on your path to wellness.Home | Back to top--^
2 Responses to "Cleanse and Purify with Red Clover"
on 23 Mar 2010 at 4:28 am Paula
Indeed, a plant with many benefits.
In my mind, when I hear about red clover, I'm thinking of fertility.
on 26 Mar 2010 at 4:21 am SleepBarn
this site is really inspiring and made me smile.


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MHU50NG Unit Heater - (Natural Gas) - 50,000 BTU/Hr.
Model: F260420 | Internet/Cat: 807630 | Store SKU: 1000757435
The MHU50NG is a natural gas fired, forced air convection heater. This unit is ideal when ceiling heights do not allow for infrared heaters to be used. It easily installs from the ceiling with included angle brackets. Unit has power exhaust which allows for both vertical or horizontal venting. Unit is thermostatically controlled and includes a spark ignition system with self diagnostic control module.
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The Garden is rocking again, thanks to NBA champions Celtics, but also because of the exciting Bruins, who have burst out of the gate this season, and are making themselves known as a force in the Eastern Conference.
Watch the dogs trot along the stage as the Bay Colony Dog Show comes to town at the Bayside Expo Center from Dec. 4-7. Make sure you stick around to see who is crowned "Best of Breed," "Best of Group," and "Best in Show."
OK, so it's not exactly buckling up and facing the terrain at Jay Peak, but a mere 20 miles from downtown Boston, Blue Hills Ski Area in Canton offers a close alternative for those nights when you can't resist fresh powder, yet can't blow off work either for a trip up north. Ski from 6-9 p.m. Monday through Wednesday for just $18, 5-9 p.m. Thursday through Friday for $18, and 5-9 p.m. weekends and holidays for $24. Now that's not a bad commute home at all.
Explore the lighted wonder of the Stone Zoo during the annual Zoolights, where thousands of twinkling lights put an added touch to some of the zoo's more lively inhabitants. In addition to bald eagles, porcupine, lynx, a gray fox, and a reindeer, Santa will be on hand for photos through Dec. 23.
You may shiver just from observing, but is there a more traditional way to kick off the New Year than watching a bunch of people dive into frigid waters on Jan. 1? That's when the annual L Street Brownies' polar plunge takes place. Last January, about 500 people dived into 39-degree waters of Boston Harbor, with about 1,000 others satisfied enough to enjoy the view with most of their clothes on.
Celebrate one of Boston's most famous parties of the year during First Night celebration on Dec. 31 from 1 p.m. to midnight. Begun 30 years ago, Boston's First Night showcases Boston's cultural and artistic communities through more than 250 exhibitions and performances. View gigantic ice sculptures, two fireworks displays, and a Mardi Gras-style Grand Procession through the city streets.
When the temperatures begin to drop, it means the holiday season is quickly approaching. Head to the Boston Common on Dec. 4 from 6-8 p.m. to watch the lighting of Boston's official Christmas tree and trees throughout Boston Common, the Public Garden, and Commonwealth Avenue Mall by Mayor Thomas Menino.
Test your ice skating skills on America's oldest public park's ice skating rink. Frog Pond is open for another season of city skating. Glide alongside local residents or visitors as you train for Olympic gold or just enjoy a romantic evening out with your special someone.
One of Boston's finest dining destinations, the award-winning Top of the Hub features outstanding cuisine, impeccable service, and a sophisticated ambiance. Soaring 52 floors above the Back Bay, the restaurant and adjoining Skywalk Observatory offer guests a spectacular view of the Boston skyline from every table.
Looking for the perfect after-work plan? Every Wednesday evening, Vinalia offers a complimentary wine sampling featuring 2-3 selected wines from Vinalia's extensive wine list accompanied by an assortment of gourmet cheeses and fruits. Wines sampled vary from week-to-week.


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NEWPORT CITY - Last month, fire destroyed a Central Street apartment building and severely damaged the neighboring building, leaving 11 families homeless. Last Thursday, students from Deslandes Blue Wave Tae Kwon Do Academy on East Main Street held a kick-a-thon to help one of the families.
Please see The Newport Daily Express Tuesday for the complete story.


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Cost is $75 per camper. Registration can be accomplished by calling head coach Donald Pickett at 318-357-4234, by email at email@example.com.
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Justin Ward
Justin Christopher Ward, age 34, passed away April 19, 2012 at his home in Moab.
He was born on Sept. 8, 1977 in Williston, ND to Diane Sampson and Gary Ward. Justin grew up in Sidney, Mont., and graduated from Sidney High School in 1996. He attended Montana State University in Bozeman and later graduated with a Bachelor's degree in Economics from Utah State University in Logan.
From a young age, Justin loved playing all sports. He would even force his little sisters to play catch and "be the goalie" whenever his friends weren't available. He played hockey for 13 years and his teammates dubbed him "Hollywood" because of his overly dramatic antics on the ice. The weekend after the last hockey game of the season, he and his buddies would continue the season, every year, with a hockey tournament of their own on rollerblades.
Justin spent his summers at "the farm" helping Gram with the crops and cattle. He would work during the day and spend his evenings at Brush Lake, jet skiing with his siblings and cousins. He was a natural born fisherman and always caught the most fish. He loved the outdoors.
Justin was an avid fan of the Minnesota Vikings and Colorado Avalanche and attended several live games of each. He would spend his Sundays watching his Vikings on TV and texting with his family. For every touchdown, he would send a simple "Whoop" or "Yo Adrian."
Justin was always ready to organize a trip. He would go with siblings, parents, uncles, friends, and cousins. Basically anyone who could make it was invited. He had a magnetic personality that drew friends wherever he went.
His passion for golf grew as he got older. Anytime he could sneak away, he would go play. One of the things that he loved about living in Moab was that there were a lot more nice days to golf there than there were in Montana.
To his family and friends, Justin was the most caring and loving person. He had a great sense of adventure and a one-of-a-kind sense of humor. He was greatly loved and we will miss him forever.
Justin leaves behind his parents Diane Nagel, Price, and Gary Ward, Sidney, Mont; brother, Jeremie (Annie) Mesa, Ariz; sisters, Kristen Ward, Sidney, Amber (Brian) Sissel, Sidney; nephew and niece, Jacob and Katelyn Sissel; grandmother, Dolores Sampson, Dagmar; grandparents Bernt and Arline Ward, Plentywood, Mont; aunts Beverly (David) Cybulski, Plentywood, Mont., Barb (Ron) Fink, Raymond, Mont., Cleo Murray, Minn., uncles, Roger Ward, Wilhoit, Ariz., Wes Ward, Plentywood, Mont., stepdad, Ernie Nagel, Sidney, Mont., cousins, Vince, Janet, Christopher, Jorel, John, Tracy, Kala and Randi; friend Lisa, and numerous friends all across the country.
Justin is preceded in death by his brother Neal, grandpa Dennis Sampson; and his great grandparents.
Funeral service, Thursday, April 26, 2012, 2:00 p.m., at the Nathanael Lutheran Church in Dagmar, Montana. Family will receive friends at Fulkerson Funeral Home in Sidney, Mont., Wednesday evening from 6 - 9 p.m. with a Wake service starting at 6 p.m. Interment, Nathanael Church Cemetery. Arrangements entrusted to Mitchell Funeral Home of Price and Fulkerson Funeral Home of Sidney, Mont. Friends are welcome to share memories of Justin at www.mitchellfuneralhome.net or www.fulkersons.com.
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Dear Friend of Snell & Wilmer,
In today's global marketplace, companies need to be informed about foreign laws and practices that impact, or may potentially impact, their businesses in the various regions they serve. This edition of Global Connection offers insight into entering the U.S. franchise market, secondary boycott and international trade, as well as a summary of foreign anti-corruption laws.
We hope this edition of Global Connection proves useful as you continue to seek out new opportunities at home and abroad. Please feel free to contact me if you have ideas for future articles or topics for the Global Connection or if you would like to be included in future international events hosted by the Firm.
Best regards,
Lindsey E. Martínez
Entering the U.S. Franchise Market: a Summary of Legal Considerations
by Susan A. Grueneberg
This article originally appeared in the International Journal of Franchising Law, Volume 11 – Issue 3 – 2013. ©Claerhour Publishing Ltd.
Franchisors that have developed successful programs in their home countries will frequently consider expansion opportunities in other countries. In the past, the U.S. was not necessarily an attractive venue in light of the high degree of regulation of franchising. Increasingly, other countries have adopted laws governing the offer and sale of franchises and businesses, and their counsel have become more comfortable navigating through disclosure and registration requirements. This article describes some of the steps a franchisor must take in preparing to enter the U.S. market, complying with U.S. franchise laws and managing the issues that will typically arise in the process.
Overview of U.S. Franchise Laws
Franchising in the U.S. is regulated under federal law and, in some cases, state law. Unless a transaction is exempt, pre-sale disclosure is mandatory.
The Federal Trade Commission ("FTC") has adopted a Rule on Disclosure Requirements and Prohibitions Concerning Franchising ("FTC Rule"). The FTC Rule requires that pre-sale disclosure be provided to prospective franchisees in the U.S. and its territories. A franchisor must provide a prospective franchisee with this disclosure document at least 14 calendar days before the franchisor receives any consideration from the franchisee or the parties sign a binding agreement. The FTC Rule does not require that a franchisor file this document or obtain a registration.
There are 23 categories of information that must be included in the disclosure document required under the FTC Rule:
- Item 1: The Franchisor and Any Parents, Predecessors and Affiliates – This Item requires disclosure about the franchisor and certain related companies, the history of their operations, the franchise being offered, competition and regulations that affect the operation of the franchised business.
- Item 2: Business Experiences – Required are five-year employment histories of the individuals with senior positions and management responsibility with the franchisor.
- Item 3: Litigation – Selected pending and concluded litigation involving the franchisor, certain of its affiliates and the individuals listed in Item 2 must be included.
- Item 4: Bankruptcy – Similarly, information on any bankruptcy involving these parties during the previous 10 years must be disclosed, even if unrelated to the franchised business.
- Item 5: Initial Fees – These are fees payable to the franchisor or its affiliate before the franchise opens for business.
- Item 6: Other Fee – These are other fees the franchisee must pay to the franchisor or its affiliate, and includes payments the franchisor collects for a third party.
- Item 7: Estimated Initial Investment – A range of initial expenses a franchisee will have to make must be included, along with an estimate of additional funds the franchisee will have to spend during the initial period of operations (minimum of three months).
- Item 8: Restrictions on Sources of Products and Services – The required information includes disclosure of products and services for which the franchisor establishes specifications, approved or designated suppliers, or which it provides itself. Revenues and other benefits the franchisor receives must be disclosed.
- Item 9: Franchisee's Obligations – This is a chart that cross-references provisions in the disclosure document and in the franchise agreement.
- Item 10: Financing – If the franchisor finances a portion of the franchisee's obligations or arranges for financing by a third party, details of the arrangement must be disclosed.
- Item 11: Franchisor's Assistance, Advertising Computer Systems and Training – This Item must include details and franchise agreement provision references for all of the franchisor's pre-opening obligations as well as its obligations when the franchised business is operating.
- Item 12: Territory – Details must include information about the territorial protection provided to the franchisee, how the territory is determined and activities using alternate channels of distribution.
- Item 13: Trademarks – The franchisor must disclose trademark registration information, any infringing uses, and how the franchisor will protect its trademarks and the franchisee's right to use them.
- Item 14: Patents, Copyrights and Proprietary Information – This Item must include registration information about any patents and copyrights germane to the franchised business, how the franchisor will protect them and the franchisee's right to use them, as well as listing categories of information that are proprietary to the franchisor.
- Item 15: Obligation to Participate in the Actual Operation of the Franchise Business – Details required in this Item include whether the franchisee may employ a manager to oversee the business.
- Item 16: Restrictions on What the Franchisee's May Sell – Any restrictions on the franchisee's operations, including what the franchisee must sell and what the franchisee is limited to selling must be disclosed.
- Item 17: Renewal, Termination, Transfer and Dispute Resolution – This Item is a chart with cross-references to the franchise agreement and disclosure document and summaries of the duration, renewal, transfer, termination and dispute resolution terms of the franchise.
- Item 18: Public Figures – Information about any public figures endorsing the franchise must be disclosed.
- Item 19: Financial Performance Representations – In this Item, the franchisor may include information about the actual or potential performance of its franchised or company-owned outlets if it has a reasonable basis for doing so. It is an optional disclosure.
- Item 20: Outlet and Franchisee Information – There are five charts in this Item presenting various information about franchised and company-owned outlets for the last three years, as well as an estimate of outlets to be opened in the next year.
- Item 21: Financial Statements – The franchisor's audited financial statements for the past three fiscal years must be included.
- Item 22: Contracts – All contracts related to the franchise must be listed and attached as exhibits.
- Item 23: Receipts – The form of Receipt is mandated and all franchise sellers involved in the sales process with a specific franchisee must be included in the Receipt form delivered to that franchisee.
Fifteen states also regulate the offer and sale of franchises. They are: California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Oregon, Rhode Island, South Dakota, Virginia, Washington and Wisconsin.
These states all accept the disclosure format required by the FTC Rule. The FTC Rule specifically permits states to add to the disclosure document, and many have. Typically franchisors will attach a state-specific addendum to address these requirements. There is also a state cover page that must immediately follow the FTC-mandated cover page.
As noted above, the FTC Rule requires a 14-calendar-day cooling-off period before the prospective franchisee may pay consideration or sign a binding agreement. The FTC Rule does not pre-empt state laws that have more protective requirements. Currently, one state (Michigan) requires that disclosure be provided 10 business days before the payment of consideration or execution of an agreement, and two more states (New York and Rhode Island) add the requirement that disclosure be made at the first personal meeting of the parties to discuss the possible purchase of a franchise if that is earlier than the 10 business day period.
The FTC Rule has some additional disclosure requirements. If a prospective franchisee makes a reasonable request to receive the disclosure document earlier in the process, the franchisor is required to provide it. This allows a prospect to access the disclosure before making preliminary expenditures, such as travel expenses involved in visiting the franchisor's offices for a discovery day.
If the franchisor makes a unilateral and material change to the franchise agreement, it must disclose that to the prospective franchisee at least seven calendar days before the parties sign the franchise agreement.
Fourteen of the fifteen states with franchise laws that address the offer and sale of franchises also require the registration of franchise offers. These registration processes range from a notice filing to a full examination of the proposed disclosure document and an analysis of whether or not it meets the requirements of the required disclosure format. Many states are required by statute to respond within a certain period of time after an application is filed, but frequently require a waiver of those provisions.
A number of states and territories also regulate the relationship between franchisors and franchisees. They are: Alaska, Arkansas, California, Connecticut, Delaware, Hawaii, Idaho, Illinois, Indiana, Iowa, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Jersey, North Dakota, Rhode Island, South Dakota, Virginia, Washington, Wisconsin, Puerto Rico and the Virgin Islands. These laws restrict a franchisor's ability to terminate a franchise relationship and mandate good cause and notice requirements. They frequently allow a cure period after notice of default is sent by the franchisor. They also restrict the circumstances under which a franchisor can decide not to renew the franchise.
Franchise relationship laws occasionally regulate the right of a franchisee to associate with other franchisees, the location and governing law for dispute resolution, and competition by the franchisor. Several states also prohibit a franchisor from discriminating among franchisees.
Other Laws Affecting Franchise Systems
More than 20 states also have laws that address the offer and sale of business opportunities. These laws frequently exempt franchises from their coverage. Florida and Utah require an annual notice filing and fee payment to qualify for the exemption. Kentucky, Nebraska and Texas require a one-time filing. If a law's business opportunity definition does not exclude franchises per se, a franchisor may still be able to avoid falling within the jurisdiction of the law based on the license of a registered trademark and the avoidance of certain representations in the sales process.
Non-U.S. franchisors entering the U.S. market must investigate and comply with anti-terrorism and similar laws, especially if they form a U.S. entity to conduct business in the U.S. The U.S. Treasury Department implements various laws and measures for the purpose of enhancing national security through economic sanctions, addressing financial networks of terrorist organizations and safeguarding domestic financial institutions.
Any goods or materials exported to the U.S. will be subject to formal U.S. Customs entry procedures, including duty assessment. A key decision for foreign franchisors is the choice of person or entity to act as "U.S. importer of record" in connection with imports into the U.S. The importer of record is the party responsible to U.S. Customs for the payment of duties and compliance with all import restrictions and formalities. The foreign franchisor can do one of the following:
(i) establish a U.S. subsidiary for this purpose;
(ii) rely on an unrelated third party (such as its U.S. developer); or
(iii) act as a foreign importer of record itself, although this last alternative is not generally recommended.
(i) establish a U.S. subsidiary for this purpose;
(ii) rely on an unrelated third party (such as its U.S. developer); or
(iii) act as a foreign importer of record itself, although this last alternative is not generally recommended.
In addition to U.S. Customs & Border Protection entry procedures, any items sent to the U.S. may be subject to product-specific regulation by a multitude of other federal and state agencies.
A non-U.S. franchisor will often send personnel to the U.S. for purposes of planning, training and inspection of franchised locations. Admission of foreign persons into the U.S. is governed by the U.S. immigration laws. Individual states have no authority to grant work visas.
Generally, a non-U.S. individual can be admitted into the U.S. under one of two broad categories – immigrant or non-immigrant. Immigrant status is appropriate for persons seeking to become permanent residents of the U.S. Individuals with permanent residence have the right to live in the U.S. indefinitely and to pursue virtually any investment or business objective. Obtaining permanent residency status as an immigrant is commonly referred to as obtaining a "green card."
The number of foreign persons who can obtain immigrant status in any year is generally limited, and there are preferences that favor relatives of U.S. citizens or individuals who possess unique skills that are difficult to find among U.S. workers.
The majority of non-U.S. citizens who enter the U.S. do so through non-immigrant visas. A non-immigrant visa allows a foreign person to reside temporarily in the U.S. for a given period of time and, depending upon the particular visa classification, to engage in specific permitted activities. For example, EB-5 visa programs have become increasingly popular in franchising.
Preliminary Steps to Entering the U.S. Market
Protection of intellectual property is a necessary early step in the decisions of non-U.S. entrepreneurs who want to enter the U.S. market. Companies should explore the following types of protection for their goods and services. They should also check on whether their home countries are parties to any conventions that might accord additional rights and priorities in the registration process.
Trademarks – These rights originate from commercial use of distinctive words, names, symbols and logotypes that distinguish the source of goods or services. They can include colors, shapes, sounds and even smells. Parties can register trademarks with the U.S. Patent and Trademark Office ("USPTO") based on either actual use or intent to use. Once a registration issues, the owner will have increased benefits including a nationwide presumption of priority as of the filing date.
Patents – Patent protection is also granted through the USPTO. There are three types of patents. Utility patents protect the functional features of a process, method, machine, manufactured, item or composition of matter if the feature is new, useful and nonobvious. Design patents protect non-functional, visual uniqueness. Plant patents grant rights to exclude others from asexually reproducing man-made plants.
Copyrights – This protection is accorded original expressions of ideas and information in tangible forms such as books, music, pictures, sculpture, motion pictures and other artistic works. U.S. federal copyright law automatically protects rights to copyrights once the work is created and it is in a tangible medium of expression. Registration with the U.S. Copyright Office can afford additional rights to the owner of a copyright.
Trade Secrets – Trade secrets are protected by state law. Generally, state law defines a trade secret as information such as a formula, recipe, compilation, program, device or process that has value because it is not readily ascertainable by another person.
Domain Names – The U.S. has adopted the Anticybersquatting Consumer Protection Act to allow a party to recover a domain name that incorporates its trademark and to seek monetary damages. There are other strategies that may be advisable to protect against third party use of trademarks including adopting a defensive domain name registration strategy.
In addition to protecting intellectual property rights, there are other preliminary considerations a non-U.S. franchisor should evaluate. For example, local sourcing of fixtures and equipment will be a major factor. The look and feel of the franchised business, sometimes referred to as "trade dress," is often an integral part of the franchise system.
Decisions on product sourcing are also crucial. For example, a franchisor may be perfectly willing to source non-proprietary products and recipes locally in the U.S. Divulging its secret recipes or formulas for proprietary products may be a different matter.
Depending on the franchisor's home country, there are also issues related to converting units and measures and translation of written materials such as operations manuals and training and advertising materials.
Finally, if the franchise involves anything that might reflect local taste such as food and beverage franchises, a non-U.S. business person would be well advised to conduct market feasibility testing to make sure that the products will be suitable to American taste.
Depending on the manner in which the non-U.S. franchisor decides to enter the U.S. market, some of these steps can be taken in cooperation with a U.S. master franchisee or area developer.
Finally, non-U.S. franchisors should have their local and U.S. tax and corporate advisors consult together on the choice of an entity to conduct franchise operations in the U.S. That decision will be driven by a number of considerations, including tax and accounting issues as well as issues related to the franchisor's disclosure obligations under U.S. franchise laws.
Designing the U.S. Franchise Operations
There are many variations to the possible structure of a franchise program in the U.S.
Unit franchising, sometimes referred to as direct franchising, means a franchise in which the franchisor grants the franchisee the right to operate a single business under the franchisor's name and system. The parties sign an agreement that is usually referred to as a franchise agreement. This type of franchise structure will accord the non-U.S. franchisor the greatest amount of control over the U.S. system, but will also require local presence and greater investment by the franchisor.
Area development programs involve the grant of the right to operate a number of unit franchises to a single developer. These arrangements grant a territory to the developer, along with exclusive rights to develop the unit businesses so long as the developer complies with the terms of its agreements with the franchisor, including a development schedule. The developer enters into separate franchise agreements for each new location, although occasionally a franchisor will grant unit rights in the area development agreement itself. The developer does not have the right to grant any of these rights to develop unit franchises to others.
In a master franchise program (sometimes referenced to as a subfranchise program), the master franchisee has the right to develop a territory and to grant unit franchises to subfranchisees. The master franchisee may also have the right to develop units itself. Some master franchise programs are hybrids that require that the master franchisee must develop a certain number of unit franchises before being able to subfranchise rights to third parties. One cautionary note – a subfranchise program will involve disclosure to prospective franchisees in the U.S. that includes information about both the master franchisee and the franchisor. It involves potential liability for both parties.
Development agents (sometimes referred to as area representatives) solicit candidates for a franchisor that meet the franchisor's qualifications for prospective franchisees. They also provide some or all of the services that the franchisor is required to provide to the franchisee under the franchise agreement. These may include training, quality assurance control, advertising support and product and service supplier information.
Special Concerns for Inbound International Franchise Systems
A non-U.S. franchisor must consider many tax and accounting issues in entering the U.S. market. Of special concern is Section 482 of the Internal Revenue Code. This section provides that the Internal Revenue Service may reallocate gross income, deductions, credits or allowances between or among organizations, trades or businesses that are under common control if such reallocation is necessary in order to prevent evasion of taxes or clearly to reflect the income of any such organizations, trades or businesses. It behooves a franchisor to set prices on arrangements between the franchisor and its affiliates on an "arms-length" basis for licenses and other types of agreements. Otherwise, the Internal Revenue Service may reallocate items for tax purposes if it finds that commonly controlled organizations are entering into pricing or allocation arrangements that are designed to minimize taxes to the organizations on a collective basis.
Another issue is related to the non-U.S. franchisor's financial statements. While all non-exempt franchisors in the U.S. are required to include audited financial statements in their disclosure documents, there are some specific issues that affect non-U.S. franchisors. The FTC Rule requires that the financial statements be prepared according to U.S. generally accepted accounting principles ("GAAP") as revised by any future U.S. mandated accounting principles or as permitted by the U.S. Securities and Exchange Commission ("SEC"). The financial statements must be audited by an independent certified public accountant ("CPA") using generally accepted U.S. auditing standards ("GAAS"). Non-U.S. franchisors that do not form a U.S. affiliate to conduct the franchise program may face the issue of whether or not their CPA and audited financial statements meet these standards. It is possible to address this issue by preparing reconciliation between the standards under which the franchisor's financial statements were audited and GAAS, but this can cause delays if the franchisor has not already considered this issue early in the planning process.
Closely related to the issue of financial information is the concern that a state franchise examiner may impose what is known as a financial assurance condition on the non-U.S. franchisor's registration. This is not an exclusively international issue. U.S. franchisors also face this issue, especially when they first begin franchising. Most of the laws adopted by states that regulate the offer and sale of franchises accord examiners the power to address situations in which they are concerned with the ability of a franchisor to provide services promised to franchisees to get them up and running. Examiners are devoting increased scrutiny to franchisors' financial conditions, especially in light of the recent economic recession. State laws permit examiners to impose a requirement that the franchisor escrow initial fees paid by the franchisee until the franchisee opens for business. There are often alternatives available to a franchisor applicants that include:
(i) posting a surety bond;
(ii) obtaining the guaranty of a parent or affiliate corporation;
(iii) deferral of payment of initial fees by the franchisee until all pre-opening services have been provided by the franchisor;
(iv) an additional capital infusion; and
(v) a loan by a principal or affiliate of the franchisor with an agreement not to require repayment for a certain amount of time.
(i) posting a surety bond;
(ii) obtaining the guaranty of a parent or affiliate corporation;
(iii) deferral of payment of initial fees by the franchisee until all pre-opening services have been provided by the franchisor;
(iv) an additional capital infusion; and
(v) a loan by a principal or affiliate of the franchisor with an agreement not to require repayment for a certain amount of time.
In some states, examiners will also require the addition of a risk factor.
In addition to financial and accounting issues, there are some disclosure issues to address as well. As noted above, making a disclosure about the actual or potential performance of the franchise (known as a financial performance representation or FPR) is not a required disclosure. It is optional. Nonetheless, it is often desirable to provide this type of information to prospective franchisees because it allows the franchisor and its representatives to discuss the substance of the representation with prospective franchisees.
The FTC Rule and state law require that a franchisor have a reasonable basis and written substantiation for any financial performance representation it makes. An issue can arise for a non-U.S. franchisor because when it enters the U.S. market it does not have franchisees in the U.S. and, therefore, cannot base its financial performance representation upon U.S. franchisees' historical results. If the franchisor is a newly-formed U.S. entity, it will not yet have any financial results based on its own company operations. Does a non-U.S. franchisor have a reasonable basis for presenting non-U.S. financial performance information to U.S. prospective franchisees?
The FTC staff has not addressed this issue directly. It has opined on whether the financial experience of the franchisor's affiliate can form the basis of a financial performance representation. Under limited circumstances, it is permissible if the franchisor does not have any operating history and the affiliate's operations are substantially similar to those of the franchised business being offered. Whether the affiliate's franchisees outside of the U.S. could provide the data for a financial performance representation is an open question. It may be permissible, depending on whether the operations in the franchisor's native country are substantially similar to those planned in the U.S. But the structure and operation of franchises in the U.S. may vary from their non-U.S. counterparts due to local taste, differences in suppliers and language. Therefore, whether there is a reasonable basis for using these numbers to present a financial performance representation in the U.S. should be analyzed on a case-by-case basis.
In conclusion, a successful entry for a non-U.S. franchise program in the U.S. market takes advance planning and anticipation of issues that can drain time and resources if not addressed early. Adopting and executing a strategy that makes sense for the long term growth of the franchise system in the U.S. will then be easier to achieve.
Secondary Boycott and International Trade
by Gerard Morales
The Dispute
The International Longshore and Warehouse Union ("ILWU") had a long established collective bargaining relationship with grain exporter Marubeni-Columbia Grain, Inc. ("CGI"), which covered CGI's employees classified as grain handlers. The last collective bargaining agreement expired in September 2012, and the parties were not able to reach a new agreement. The ILWU commenced picketing CGI's grain elevator facilities on the Snake River and at the Port of Wilma in Washington State.
CGI (the "primary employer") had contracted with Tidewater Barge Lines, Inc. ("Tidewater") to move CGI's grain barges from its grain elevators to Tidewater's "spud barges" on the Snake and Columbia Rivers. From its spud barges, Tidewater transported the grain to the Port of Portland. From there, CGI employees unloaded the grain and transported it to ocean-going ships for export.
The ILWU began water-borne picketing against Tidewater's spud and transport barges carrying CGI's grain. The ILWU pickets broadcasted bullhorn announcements to the Tidewater employees, asking them to cease transporting CGI's grain.
The NLRB Charge and Injunction Petition
Tidewater filed charges with the National Labor Relations Board ("NLRB") alleging that the picketing against its spud and transport barges constituted secondary boycott. Section 8(b)(4)(i)(B) of the National Labor Relations Act ("NLRA") prohibits unions from threatening or coercing employees of a neutral employer, with an objective of forcing it to cease doing business with the employer that has a primary dispute with the unions. Picketing is considered coercive conduct.
The NLRB sought an injunction of the ILWU's picketing against Tidewater's operations, in the U.S. District Court in Oregon.
The Union's Defense
The ILWU defended against the injunction request, arguing that Tidewater's work was so related to CGI's work as to be considered "primary work," thereby privileging the picketing against Tidewater. Under the "Related Work" doctrine, unions are privileged to picket employers doing business with the "primary employer" if it can be shown: 1) that the site of the work is "proximate" to the primary employers' premises; and 2) that the services being provided to the primary employer are "essential" to the primary employers' regular operations.
The Court's Decision
The Federal District Court in Oregon rejected the union's defense[1]. The court held that the union had to show more than that Tidewater's work was essential to CGI's operations. The union also had to show a nexus to CGI's premises and its daily operations. Since Tidewater's spud and transport barges were miles away from CGI's grain elevator facilities, Tidewater's transport services for CGI did not fall within the "Related Work" doctrine. The ILWU was not privileged to picket Tidewater's barges. The picketing constituted coercion directed toward employees of a neutral employer with an object of forcing Tidewater to cease doing business with CGI. Such secondary boycott violated the NLRA and the injunction requested by the NLRB was "just and proper."
[1] Pomerantz v. Longshore & Warehouse Union Local 4, D.Or., No. 3:13-cv-01676 (10/15/13). [back]
Anti-Corruption On a Global Scale: The FCPA is No Longer Considered the Only Game In Town
by Brett W. Johnson
The Global Connection has extensively covered the U.S. Foreign Corrupt Practices Act ("FCPA") over the years. With the advent of the U.K. Bribery Act, the FCPA was finally having real competition by another country as a result of a multi-lateral international effort, specifically the United Nations Convention Against Corruption and the Organization for Economic Cooperation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, to combat bribery of not only government officials, but now private individuals. Furthermore, countries that had anti-corruption laws on the books, but that were rarely enforced, have now revamped the statutory framework and have actively initiated investigations of multi-national companies. Such anti-corruption enforcement is not necessarily new, but the increased efforts are recognition that governments will no longer ignore even the smallest corruption transgressions.
Regardless of the advancement by other countries, the FCPA will remain the benchmark for anti-corruption laws for the foreseeable future. The FCPA prohibits the bribery of a foreign government or international organization officials to obtain a business advantage. The bribe does not need to be large and can be based on a quid pro quo arrangement. Although a "graft" or facilitation payment, which is the paying for a government service for which an unfair advantage is not obtained, is allowed (e.g., pay for the telephone service to be installed), this is a still a gray area that wearies many companies working abroad.
The U.K. Bribery Act, among other variances, takes the FCPA two steps forward. The British law prohibits any bribery, not just involving government officials, and does not have the "graft" exception. But, the U.S. does have similar laws when the U.S. Travel Act, which prohibits the utilization of interstate commerce for any criminal act, is combined with individual State laws that prohibit both governmental and commercial (i.e. non-governmental) bribery. China has a similar model when the People's Republic of China ("PRC") Criminal Law, and Article 8 of the PRC Anti-Unfair Competition Law are combined. Russia also prohibits commercial bribery pursuant to the Russian Criminal Code and heightened enforcement under Russia's laws is expected due to the issuance of recent interpretative guidance by Russia's Supreme Court.
Utilizing the FCPA as a model, other countries are also amending their anti-corruption statutes. For example, in August 2013, Brazil passed the Brazilian Clean Companies Act to hold companies accountable. The Brazilian law, which is effective in January 2014, is more similar to the FCPA than the U.K. Bribery Act in that the law targets "public" corruption, and not commercial bribery. However, unlike the FCPA, which requires a minimal knowledge (or should have known standard) of the corruption, the Brazilian law is similar to the U.K. Bribery Act and only requires a showing of an intent to benefit the company. Also similar to the U.K. Bribery Act, the Brazilian law provides incentives for a well-geared company policy to avoid such acts. Finally, similar to the U.S. and U.K. laws, Brazil encourages voluntary disclosures concerning alleged violations.
In June 2013, Canada also made changes to its Corruption of Foreign Public Officials Act to make it more in line with the FCPA. Similar to the FCPA accounting requirements for publicly traded companies, Canada's law has instituted similar provisions that are wholly separate from the bribery acts. The U.S. has utilized the FCPA provisions successfully in the past, most notably when investigating the United Nations' Food for Oil Program, when the bribery "act" could not be fully prosecuted to a "beyond a reasonable doubt" criminal burden of proof. However, the Canadians adopted a similar provision to the U.K. Bribery Act that prohibits "graft" or facilitation payments.
These are only a few examples of the multiple changes to countries' anti-corruption charges. Although the asserted rationale for such changes is for countries to come into line with their international treaty obligations, the significant financial penalties paid to the U.S. and other countries that have resulted from international investigations of several multi-national corporations cannot be ignored.
Anti-corruption compliance is now a booming industry. However, a "cookie-cutter" approach to corporate policies and training is not necessarily effective. Rather, companies must review which countries it is doing business with and ensure that the "umbrella" policy covers all those countries' anti-corruption laws. This is especially the case due to the extra-territoriality of the various countries' laws. If a company is doing business in China, but has operations in Brazil and Britain, the company must ensure it is following all of these counties' laws in each separate country it is doing business. Simply, the strictest law on a various point controls. Hence, "graft" or facilitation payments should be extremely rare if not outright prohibited for future business activities.
In addition to having policies and training catered for the company, individual agreements must contain appropriate safeguards that may assist in the mitigation of a future violation. The reality is that many current alleged violations are done by the acts of third parties, such as consultants or distributors. Clear language prohibiting bribery is necessary in these agreements.
Furthermore, when an allegation of possible corruption is discovered, company officials must take the allegation seriously, regardless of the severity of the allegation. There has been a trend in utilizing outside consultants or account agencies to investigate such allegations. However, at least in the U.S., such investigations are not necessarily privileged and it is important to engage legal counsel to ensure that the company is protected and advised appropriately. Such advice may include voluntarily disclosing the allegation – regardless of how ridiculous the factual scenario – to governmental agencies in multiple countries. Coordination of such voluntary disclosures is vital. The various governmental agencies from the different countries do discuss reports of corruption. So, it is important that there is "one voice" in interacting with governmental agencies.
The development in anti-corruption efforts on a global scale is not new. But, new developments require constant awareness to any changes and ensuring future compliance at every level in an operation.
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Snell & Wilmer
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text:
Eval JavaScript in a global context
For our first naive implementation, we'd simply used
eval(src) in our first pass at the implementation.
This is utterly wrong, and to understand why, you'll need to understand scopes. JavaScript has what you can think of as two different scopes - function scope, where you're executing something in the context of a function, and global scope, where you're executing something in a global context - for instance, if I say
var j = 1; within a function's scope, then the variable j is set to 1 within that function. If I say the same expression,
var j = 1 within the global scope, then j is set to 1 everywhere in the program - in every function, provided that that function doesn't define a j variable in its local scope. In browsers, the global context is window - this is the default object that everything gets hung off of if you don't specify any other object.
So, when we said
eval(src), we were executing the src scripts within the local scope of the function where eval was called - that meant that I would be getting different results when variables were declared and set than would be expected - in fact, for some cases, it just seemed like the scripts weren't being executed at all.
window.execScript(src) It works great - and the other ways I'll detail here break rather infamously, so use this non-standard function on IE.
For more standards-respecting browsers, the way to do this should be to use the call function, which is a standard function attached to every Function object. So,
eval.call(window, src) should work. But to understand why, it's important to know about context, in addition to scope. Every function call has it's own context: this is the object that's represented by the special value this. When we use the call function, the first parameter is the context object we'll use for this. This is handy for all kinds of purposes, but for us, it's just nice to use to set the context to the window object - which, you'll recall, is the global.
eval.call(window,src) breaks on Chrome - it complains about contexts not matching. Odd - and I was unable to Google up why this might be so. But a couple lucky guesses later, and I discovered that
window.eval.call(window,src) works on all non-IE browsers. Now, when I say "var j = 1", the window[j] is the variable that's set... So, that's good. Why do we have to add the extra window. on Chrome? Not sure - I could guess, but it's too likely to be wrong.
At this point, I thought we'd licked the problem. No such luck. Sure, global variables are getting set, but it turns out that if you say: alert(this) - then you would correctly receive the global object back on Chrome and Safari, but not Firefox - there, you'd get back the object that was the enclosing object before the call function got called. Very odd, and likely a bug in their implementation.
With a little help from Werner Punz, we figured out that they best way to get around this issue is to wrap the calling function in an anonymous globally scoped function. Like the Chrome bug, I can guess why this might work, but it would only be a guess. Better not to clutter up the internets with more guesses - I'll just stick to what I know works.
Here's the code that I now use to do a global eval:
var globalEval = function globalEval(src) {
if (window.execScript) {
var fn = function() {
Hope this list of tricks is helpful to someone else who's looking to do something similar.
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If src is a blank string you will get an error in IE8. To ...
by vesperaba - 2012-10-18 08:54
If src is a blank string you will get an error in IE8. To avoid that I added the following check at the beginning:
if (src == undefined || src == '') {
The whole function will be:
var globalEval = function globalEval(src) {
if (src == undefined || src == '') {
if (window.execScript) {
var fn = function() {
other ways to do this
by kolinahr - 2010-07-09 10:06I just stumbled across your post a year late
I've been using this version for years. It works everywhere.
The magic is in the intermediate variable realGlobal.
function globalEval(src) {
var realGlobal = this;
if (window.execScript) // eval in global scope for IE
else // other browsers
This also works, and is even simpler:
function globalEval(src) {
if (window.execScript) // eval in global scope for IE
else // other browsers
eval.call(null, src);


text:
The Iridium GO! satellite phone is unlike anything the world has seen before. Powered by the world's furthest reaching network, this compact, rugged and portable satellite phone creates the first ever reliable global connection for voice and data communications on up to 5 smartphones, laptops or tablets.
No matter where you are on the planet, Iridium GO! satellite phone simplifies global communications for:
Simply flip up the integrated antenna and the battery-powered unit connects quickly and automatically to the Iridium LEO satellite constellation to create an anywhere Wi-Fi hotspot within approximately a 30.5-meter (100 foot) radius.
The Iridium GO! satellite phone supports a full range of global communications, including:
The Iridium GO! satellite phone is small enough to fit in your pocket and — like other Iridium devices — tough enough to withstand rain, sand, dust and rough use. It can easily be:
Combining the best that both satellite and cellular phones offer, the Iridium GO! satellite phone is the first in a whole new category of personal satellite connectivity devices. It is also a powerful development platform optimized for Iridium partners to build applications.
What's In the Box


text:
Hello everybody. I just started a website in Italy, magazine and interesting content sharing, quite new for the market. I don't have much budget to get traffic.
I know a person who has A LOT of facebook pages, websites, and can drive a lot of traffic to grow the website quick. he also has very good deal with google so the advertise will be better.
He offer me to be the exclusive curator of the website, and get 30% of the total of advertising revenue, but i will lose the ownership of website.
He say that the domain should be moved in his company. He has many sucesfull website and he made a lot of money, so i don't know if is better to take this fast way, or keep my website and do the ahrd work to get traffic and advertising deal....
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A couple of weeks ago we featured the RHA MA-350 Aluminum Noise
Isolating In-Ear Earphones, the award winning earphones impressed us
with their build quality and affordable price. Now British
electronics-maker RHA have sent us their over ear headphones for
testing, the SA950i are compact and lightweight headphones with remote
and microphone. Read our thoughts and check out some photos below...
The SA950i promise to deliver professional-grade audio for under $60, and the brand states they feature technologies more commonly found in full-sized studio equipment.
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- Frappe Day
Carl's Jr. Beautifully Debuts New Charbroiled Fish Sandwich
Business Wire
Business Wire
Today on The Daily Meal
Recipe of the day
As you are drinking hot tea in your wool sweaters and ear muffs in the dead of winter, Sports Illustrated swimsuit model Nina Agdal is laying on the beach wearing next to nothing, eating a fish sandwich. Surprisingly, she isn't trying to rub the warm weather (and her hot bod) in your face; she's just the next Carl's Jr. Commercial girl doing her job.
The fast food chain released their new healthier menu choice, the charbroiled Atlantic cod fish sandwich, on Thursday, January 30th. Between the honey wheat bun lies a charbroiled Atlantic Cod filet, tartar sauce, tomato, and lettuce. It's a much healthier choice than their Carl's Cat Fish sandwich with two "crispy battered" fish filets with tartar sauce, tomato and lettuce on a sesame seed bun.
Along with their new sandwich comes their beach-themed commercial featuring Agdal. The Hawaiian beach setting and Agdal's tight toned physique aim to emphasize that this sandwich is "from the deep sea, not the deep fryer."
The Atlantic cod fish sandwich is being released at sister restaurant Hardee's on February 4th and the commercial will air on Super Bowl Sunday. Here's a little sneak peak.
Skyler Bouchard is a Junior Writer at the Daily Meal. Follow her on Twitter at @skylerbouchard.
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