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It never fails to amaze me that children, who already have fairly easy access to sweets, can be so excited at the prospect of trick-or-treating for Halloween.
I do try to keep the volume of sweet stuff being poured into the children down, but they are not exactly deprived in that area. And neither are most Kiwi kids (according to an amateur survey of children walking down the street with all sorts of junk hanging out of their mouth).
I think more and more we are a society awash with sugar. My husband's workplace is constantly flooded with cake, sweets and goodies - a by-product of having lots of female colleagues. I occasionally drop into a publishing firm that has candy in large jars on display and lots of baking floating around (the office does publish a foodie magazine, I guess.) That doesn't explain why one day recently, everyone was encouraged to leave the office for five minutes and choose a free ice-cream from the Mr Whippy van parked right outside, though.
So yes, I get it - adults don't set the greatest of examples. And yet it seems to me any adult around here - even those that control their kids' diet with missionary-like zeal - are happy to sign up to Halloween and it's consequent sugar avalanche. Perhaps it is the dressing up? Surely it's not the begging of complete strangers for candy? Whatever the appeal, I suppose I am a killjoy for not to get it. I continue to have my children feverishly ask me every day "how many days till Halloween mum? How many days till Halloween mum?" And repeat. And repeat.
At least I'm not expected to haul my wary carcass around the outside of the house decorating it in Halloween style (although I'm sure that will eventually be the expectation, as Halloween marketing and merchandise seems to grow year on year). We are still a few decades behind American enthusiasm for the season, which figures as it is actually an American-born celebration.
An article in the New York Times this week detailed the so-called "hedge-fund Halloween" increasingly found in places like the swankier districts of New York; similar to our Franklin Road light display at Christmas time, only about 50 times grander. As Ginia Bellfante writes:
"For several years now, Marc Lasry, the co-founder of Avenue Capital, has decorated his mansion on East 74th Street with bloodied bodies hanging from the balcony, skeleton heads, a giant inflatable ghost, swinging bats and a life-size, clothed skeleton affixed to a tree on the sidewalk. One afternoon last week, tourists and children gathered to take pictures of a dancing skeleton beside the front door. It was singing Super Freak."
Far, far too much work for me, I'm afraid. I am, as I say, glad that that at the moment we only have a cheap plastic pumpkin and skull (filled with candy, naturally), a few outfits, a 'swag bag' and two hyper-excitable children, and that is the extent of our Halloween madness. I am hoping the actual day, which falls during the week, might pass without comment if I don't mention it (although I think the kids are dressing up for it at school, unfortunately). For goodness sake, let's hope it passes without incident and we move seamless onto the Christmas furore, which seems to kick into high gear oh, around November 1?
Debate on this article is now closed.</i>


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Our buddy/ nice guy/ owner of Vapor Room (RIP) Martin Olive suffered a near death causing ruptured brain aneurysm last November and will be hosting a fundraiser this Saturday, the 30th, at 111 Minna to help cover his extensive medical bills featuring lots of great art, goods and services from a number of generous local businesses.
Miraculously, I survived after receiving a surgical coiling procedure to stop the hemorrhaging and to prevent a stroke or death. After a long, difficult recovery in ICU and great medical care at CPMC Davies, I was sent home with a clean bill of health and no major side effects other than recurring headaches... and massive medical bills since I was without health coverage.

subset: commoncrawl


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Notre Dame Fighting Irish (4-4) stumble into this week's game after a loss at the hands of the Navy Midshipmen 35-17 at the Meadowlands last week. They face a ready Tulsa Golden Hurricane squad (4-3, 2-2 C-USA) that demolished the Tulane Green Wave 52 – 24.
It must be mentioned that heavy on the minds and hearts of the Notre Dame community and that of the NCAA at large is the untimely death this week of Notre Dame team videographer Declan Sullivan.
This game will be broadcast Saturday, October 29th at 2:30 PM from South Bend on NBC.
Here is this week's Notre Dame, Tulsa Preview
Notre Dame Offense
Dayne Crist had a less than stellar game against Navy passing for 178 yards and one touchdown. He also threw two interceptions late when the score was close.
It was difficult for Crist to run an offense missing its key parts in its passing arsenal of TE Kyle Rudolph, WR Theo Riddick and WR Michael Floyd . WR Duval Kamara (56 yards receiving), and WR T.J. Jones (53 yards receiving, 1 TD) attempted to pick up the slack last week to no avail.
The Fighting Irish running game was stopped short. It was paced by Armando Allen's pedestrian 66 yards on 11 carries and no TDs. Notre Dame's rushing attack is ranked near the bottom of all NCAA teams averaging a paltry 111 yards a game this season.
The team totaled a 360 yards of total offense or 30 below its average of 390.
The Fighting Irish bad luck on offense should be reversed with the probable return of star WR Micheal Floyd and his 624 yards receiving and 6 receiving touchdowns.
Notre Dame Defense
The Fighting Irish defense yet again showed its weakness against the run. The team let up 367 rushing yards (the most ever tallied by Navy against Notre Dame) including a 200 yard rushing day for FB Alexander Teich. Navy totaled 438 yards on the day and completed 10 of 13 conversions on third down.
The loss of Notre Dame Nose Tackle Ian Williams hurt the Irish defense in stopping the Navy run.
The team's triple option proved too much against the Notre Dame run stopping defense that will be tested again against a superior running team in Tulsa.
This week the Irish hope to limit Tulsa's scoring to their average yield of 25 points and 392 yards a game.
Tulsa Offense
The Golden Hurricane offense is helmed by QB G.J. Kinne. His 1,855 yards passing with 15 touchdowns and 6 interceptions lead the 30th best passing attack in the nation. Kinne is a threat on the ground as well with four rushing touchdowns. Last week Kinne threw for 200 yards for 2 scores and no interceptions.
His two main targets include WR Damarius Johnson and RB Charles Clay (27 catches for 337 yards, 6 TDs) . Clay caught four balls for 86 yards and 2 touchdowns against Tulane.
The Tulsa rushing attack is ranked 13th highest in the nation, averaging 221 yards on the ground each contest. It is bolstered by Sophmore RB Alex Singleton (306 yards and five touchdowns). Singleton scored twice last week on the Green Wave.
Johnson is an effective rusher as well adding over 300 yards on the ground this season to his 300 plus receiving yards.
Tulsa Defense
The defense is very porous. It's ranked 80th nationally in points allowed, giving up roughly 29 points a game. It all surrenders 443 yards a game of total offense. Against Tulane, the Tulsa defense surrendered 527 yards.
Up front the defense is solid, having only allowed 113 yards average rushing this year. They have also totaled 44 tackles for a loss and 17 sacks.
The secondary is another story. Teams are averaging 330 yards passing against the Golden Hurricane and they have allowed 19 passing touchdowns. Tulsa should be wary of the possible return of Fighting Irish WR Michael Floyd.
The sad departure of Declan Sullivan will play a factor in Saturday's game. Will the team be distracted or become more motivated? I figure it will be the latter also considering the BCS bowl implications of this game as the Irish need ten wins for a berth this year and can't afford another loss.
Michael Floyd's return and a weak Tulsa secondary are in Notre Dame's favor this week. The running attack and run defense will have to both step up and Crist must play turnover- and mistake-free football for the Fighting Irish to pull this one out.
Notre Dame 31 Tulsa 18


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How Can I Be Intimate During/After Her Breast Cancer Treatment?
R.N. Shockney answers the question: 'Intimacy During Cancer Treatment?'
— -- Question: How can I express love both physically and emotionally to my partner during and after her breast cancer treatments?
Answer: Your partner, or your husband, is really trying to figure out how he can support you and show you that he loves you, with you not realizing it. He's asking his friends. He's maybe even contacting other people that he knows whose spouse also has had breast cancer treatment.
Some things he can do for you, and that you can also let him know that you want him to do, is just to hug you; tell you he loves you; send you an e-mail from work reminding you how important you are to him. It's not necessary to all the time be focusing on having sex. There's different ways that we can show how much we love someone: holding their hands while you take a leisurely walk after dinner, perhaps stroking her hair, letting her know that you didn't marry her for her breast, you didn't marry her for the hair on her head, you didn't decide to chose her and stay with her because of the way she looks.
What's important is the way she makes you feel -- loved. Let her know that. Send her cards, even funny cards. They're going to make her feel good and let her know that you're there for her. This is actually a time that the two of you can come closer together, closer than you ever thought was possible. Let that happen.
Previous: Will I be able to have normal intercourse and reach orgasm after my breast cancer treatments?


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Thin line
I dumped my brain on here the last few days. I haven't done that in a while, I try not to. It makes people feel uncomfortable. It makes me feel weird.
I want people to understand that the little things each day shit me just like the next person but I also want none of us to forget that while we bitch about picking the slow queue again in the post office or the idiot driver who pulls left to turn right (what the FUCK is wrong with people) there are so many bigger fish to fry.
Sure, I spend a large portion of my day trying to ignore the worries and stresses I have about Oscar.
Sure I, as a mother, spend an inordinate amount of time worrying about my boys, particularly Felix as he hits high school and enters a decade of becoming a man all while negotiating puberty, school work, who he wants to be, believing in himself, becoming more responsible, comprehending consequences on a far grander scale that what happens if you flog your brother again, having fun.
I didn't really have fun as a teenager, my life was a pretty intense one with mum working her arse off and dad being absent but expectant all at the same time. When it all went pear shaped one of my aunts told me I had to grow up now, be responsible for mum, to be sensible and to help. Having fun and being a 'typical teenager' doesn't really come into action when someone says that to you when you're 11. I was the good Christian Girl going to not one but THREE youth fellowships (really covering all bases) and while it truly did get me through a lot of my teenage rage the pay off was guilt. I look back and think much of my adolescence was spent holding my breath. For the next bad thing to happen, for not being good enough, for letting people down.
Where do these emotions come from? I think they largely come from self, I can see it in Felix, but they are then compounded by external factors.
Fast forward a few years.
Fast forward to now.
I just can't shake this feeling that I have done it all wrong. I mean, who the hell at almost 40 lives with their mother? Who at almost 40 has to ask for a hand-out from their in-laws to pay for car repairs? Who at almost 40 reduces three of their children's bank accounts to zero to pay for car registration?
I'm doing it all wrong.
Where did I imagine my life to be at this stage?
Well, not living rent-free with my mother for one.
Not living pay-packet to pay-packet for another.
Not having to accept charity from friends.
Someone said to me the other day that accepting charity from others, help from people is about being humble and that having humility is the hardest virtue to learn.
In the last two weeks people have:
– looked after and cared for my children unconditionally
– picked up my kids from school and pre-school and looked after them for me without question
– texted me to say they're having my kid over for a play, no discussion entered into (so so good)
– dropped off food parcels for my family including homemade dessert
– dropped off food parcels for me, to me, in the hospital
– brought me chai lattes at the hospital and hung out to talk shit and make me laugh
– taken my kids to and from footy practice
– dropped off a toiletries and cleaning products care package – anonymously. With one of those double Cadbury Family chocolate blocks in it. That I've hidden. And won't be sharing. Maybe.
– sent us a crate of Gourmet Dinner Service meals that I keep looking at and bursting into spontaneous tears over. Because re-entry into family life after 12 days at hospital is just as hard, in some respects, as 12 days in hospital.
– sent me texts and tweets and Facebook shout-outs telling me you're thinking of us, willing us a swift trip home
I have been humbled by all of it. Blown Away. Driven to tears at people's love for us, for me. Bolstered by people's generosity of heart and spirit.
I know we are blessed, that I am blessed to have a world so full of love and friendship. Plenty have pointed out to me they wish they had family and friends to help them out in times of need (subtext I am so lucky) and they need not fear me not realising, appreciating and being infinitely grateful to have so many holding on tight to the safety net under me, ready to catch me as I fall.
I know everyone has wanted to do this because I know when I see a friend struggling I want to do something, anything to ease their burden just a little. Â Sometimes it's words, sometimes something I've made, sometimes my hilarious company. (Remember when I was funny?)
So why is it sitting so uncomfortably with me?
Somehow all this makes me feel like I've failed.
Having to accept help is about having failed, of not being able to manage, of not coping.
I feel I've let everyone down.
That I have done it all wrong.
There are so SO many should haves swirling around in my head.
We have some family friends who are the most beautiful people in the world, but bad things happen to them all the time – a child off the rails, poor health, financial stress. There is always a feeling of unfairness when they are talked about, that they don't deserve all this, why does it happen to them?
I do NOT want to be that family people talk about.
And yet I totally know we are.
I DO NOT want to be the sympathy card. The "Poor Kim".
SO I just want you all to know I won't let you down.
I will try harder.
You will not have to keep picking me up  or carrying me.
I will not let you down.
I will not fail.


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The Lamp Beside the Golden Door
I just returned last night from the American Immigration Lawyer's Association's 2012 National Day of Action, which happens every spring as surely as Washington D.C.'s cherry trees blossom.
- the importance of exercising prosecutorial discretion (prioritizing resources on the deportation of criminals rather than young adults who were brought here as kids or parents of U.S. children);
- the reauthorization of the Violence Against Women Act (which encourages crime victims to come forward, seek protection, and work with law enforcement to see violent perpetrators apprehended);
- supporting ICE's budget request for increased alternatives to immigration detention funding, which this year is over $2 billion for the detention of 34,000 immigrants per day, including 40% who have no criminal history;
- the redesignation of the EB-5 regional center program, which expires on September 30 and has brought billions of investment dollars to the U.S. in order to enhance job creation for Americans;
- and encouraging positive business immigration reform measures that will allow companies to secure visas for top employees and farmers (and others) to more easily get visas for badly needed skilled and unskilled workers.
This inertia isn't unique to immigration, either. As one Senatorial aide told us, nothing significant is going to happen until after the next election. He said that there is a window of about 18 months in every six year cycle when things can actually get done.
There were still a few moments of fresh air on that beautiful spring day, such as an empassioned lunch-time speech by Illinois Congressman Luis Gutierrez, chair of the Congressional Hispanic Caucus Immigration Taskforce, who believes that immigration reform cannot wait simply because of the fears of politicians. He said, "Folks, we need you to tell your stories! These stories need to be heard!" This immediately led me to wait for him outside and hand him a copy of Green Card Stories, which does exactly that. When he heard what the book was about he literally grabbed me and kissed me . My friend who was standing nearby reported that he saw tears well up in Representative Gutierrez's eyes on hearing that we'd created such a book, which is exactly the response we'd been hoping for in our campaign to get a book onto the coffee table of every member of Congress (which you can participate in here.)
Next year, once the Presidential election hoopla is over, will be the most critical period for bringing about reform. One measure is particularly on my mind, and it relates to many of the others mentioned above. We need honest reform legislation that will allow our nation's agricultural and other essential workers to work legally in this country. Every Congressional aide we spoke with in our district agreed that an unfair burden has been placed on farmers and similar business people who are trying to do the lawful thing in hiring badly needed workers to bring in the crops, milk cows, and process meat. As I've seen from first-hand experience, our current migrant worker program is expensive, unwieldy and unworkable. The truth is that most employers in these industries hire workers whom they fear may have improper documents, but they have no alternatives. As Mother Jones reports in this month's story on the impact on Alabama farmers of its recent immigration crack-down, there simply aren't enough American workers willing and able to do the back-breaking work that immigrant workers have long done in our country. While most of the employers I see do not exploit these workers, it certainly is easier to do so in today's climate of detention, deportation, and separation from family.
Which brings us to the fact that today, March 31, is Cesar Chavez Day. Today would be the 85th birthday of this great civil right's leader, who came from a family of migrant farm workers. He fought for humane treatment and fair wages for farm workers through boycotts and marches back in the 1970′s, when I was in high school. I still remember my family doing its small bit by boycotting lettuce. While his activism helped improve the lives of many, Cesar Chavez warned that the struggle would never end, which rings truer today than it ever has. If only we could devise a fair and honest system of immigration for the essential workers our country we would no longer need to worry so much about the devastating aftermath of our deportation policies, as we would see a major decline in deportation instead of the current, steady increase.
As a society, we urgently need to change our immigration policies so that people like Dr. Q (as he is called) can come out of hiding and lend their talents to the development of our great immigrant nation. We can overcome the lack of political will by showing our leadership that we care and that we support reform. Cesar Chavez is famous for something else, by the way, which is the expression, "Sí se puede." Translation: "Yes we can."


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Now with Articles — The Library Catalog
By Demian Katz
A new semester is starting, and it probably won't be too long before you need to find some information in the library. Fortunately, searching for library resources has just gotten easier!
The library catalog now has a new feature. In addition to searching for books in our collection, it also searches for full-text articles in dozens of our subscription databases. One search box gives you access to millions of resources, most of which you can't find in Google. Content included ranges from scholarly journal and newspaper articles to e-books and theses.
To try the enhanced catalog, search here .
Just type your search in the Library Catalog box and hit Find. Books and other resources found in Falvey Library will show up on the left under Books & more; articles and other electronic resources will display on the right under Articles & more.
Articles & more: The blue "Find It" buttons will help you locate full-text articles or request content from Interlibrary Loan. You can click on the tabs above the search results to refine your search and explore beyond the top ten results in each category.
Don't give up if you don't find what you need right away. Although our catalog should help with many of your search needs, it's still just the tip of the iceberg. You can also visit our Subject Guides for help with research in specific subject areas, or you can connect with a librarian online if you need a bit of human assistance.
Have fun searching, and please feel free to contact us if you have questions or problems. We will use your feedback to continue to improve our online tools.
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Find your shoe
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100 years of LOWA
Corporate Responsibility
LOWA Community
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Social media
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Material testing in LOWA's own lab
The tables are packed with rattling equipment. The air is filled with sounds of sanding, the humming of the cold …
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1st July 2019 was a decisive day for LOWA and its brand history. Because it was on this day that the company acquired …


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Stellar Roofing Inc
Premium Roofing in Rochester, NY
"Stellar Roofing" is the leading Roofer for Rochester, NY and the surrounding areas. We proudly offer Roof Repair & Replacement in Rochester, NY! Contact us if you require Gutter Installation. Stellar Roofing operates by the golden rule. We treat your home as we would treat our own. With our combined experience of over 50 years, we know what works and what doesn't. We have spent years researching the market for the absolute best products for your home. If you are going to replace your roofing system you only want to do it once and you want it done right. You also want the best products and workmanship at a fair price. That's what we offer here at Stellar Roofing. If you are looking for "Commercial Roof near me", contact us.
Rochester () is a city in the U.S. state of New York, the seat of Monroe County, and the fourth-most populous in the state after New York City, Buffalo, and Yonkers, with a population of 211,328 at the 2020 United States census. Located in Western New York, the city of Rochester forms the core of a larger metropolitan area with a population of 1 million people, across six counties. The city was one of the United States' first boomtowns, initially due to the fertile Genesee River Valley, which gave rise to numerous flour mills, and then as a manufacturing center, which spurred further rapid population growth.Rochester rose to prominence as the birthplace and home of some of America's most iconic companies, in particular Eastman Kodak, Xerox, and Bausch & Lomb (along with Wegmans, Gannett, Paychex, Western Union, French's, Constellation Brands, Ragú, and others), by which the region became a global center for science, technology, and research and development. This status has been aided by the presence of several internationally renowned universities (notably the University of Rochester and Rochester Institute of Technology) and their research programs; these schools, along with many other smaller colleges, have played an increasingly large role in Greater Rochester's economy. Rochester has also played a key part in US history as a hub for certain important social and political movements, especially abolitionism and the women's rights movement.Today, Rochester's economy is defined by technology and education (aided by a highly educated workforce, research institutions, and other strengths born in its past).
19th Ward, Brown Square, Browncroft, City Hall Historic District, Cobbs Hill, Corn Hill, Dutchtown, East Avenue, Genesee-Jefferson, Group 14621, High Falls, Highland Park, Homestead Heights, Lyell-Otis, Maplewood Historic District


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Latin to Thaana
Type in Latin and have it converted to Thaana as you type.
Type in Latin and have it converted to Thaana as you type.
Spell checking as you type with an 80,000 Dhivehi word list.
Works with most Windows program, including MS Office.
Xiosis Akuru is a Thaana typing solution for Windows. Akuru is easy to use. Install, switch language to Dhivehi and start typing in your program as normal. Akuru would automatically activate and offer suggestions. Akuru also provides a tool for changing the font Windows uses for Dhivehi and a small Thaana editor.
Akuru is an intuitive software designed with features that increase productivity and save time. It offers solid Thaana language support, faster document creation, and an easier work flow. Akuru is a great tool that can help you streamline your work.
Typing in English is faster than typing in Thaana, because most people are used to the English key positioning. Latin to Thaana helps you keep the same level of speed as typing in English. The Latin to Thaana key conversion is intuitive and easy to learn.
Akuru works with almost all modern Windows applications. Just select Dhivehi in the language bar and start typing as normal. Akuru would start working instantly. Microsoft Office, OpenOffice, Google Chrome, Firefox, Internet Explorer, and Notepad are just some examples of software that you can use Akuru with. It works with any version of Windows from XP and above. Most 32-bit applications on both 32-bit and 64-bit Windows are supported.
Avoid embarrassing mistakes by spell checking your document. Akuru features an 80,000 word list compiled by Xiosis, which includes modern and common use words. Spell check shows suggested corrections if you type a word that is not in the word list.
Thaana word completion reduces the number of words you have to type by offering suggestions to complete words that you have previously used in the document.
Define short macro texts for commonly used Dhivehi phrases and have Akuru suggest the phrase whenever you type the macro text. For example, if you define 'dvr' as a macro for ދިވެހިރާއްޖެ Akuru would suggest ދިވެހިރާއްޖެ whenever you type 'dvr'.
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text:
Dwayne Rowland
300 Taylor Rowland Road
Dexter, GA 31019
Date: Dec 7 2020
LONG County Chief Registrar
Dear TRYNINA S HARRIS:
Under the Georgia Open Records Act § 50.18.70 et seq., I am requesting an opportunity to obtain copies of public records of all ballot images in digital form produced in the general election of November 3, 2020.
If there are any fees for searching or copying these records, please inform me if the cost will exceed $ 15.00.
However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public's understanding of the General Election of November 3, 2020.
This information is not being sought for commercial purposes.
The Georgia Open Records Act requires a response time within three business days. If access to the records I am requesting will take longer than three days, please contact me with information about when I might expect copies or the ability to inspect the requested records.
If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.
Thank you for considering my request.
Dwayne Rowland
478 461-4955


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Saint Lucia highly values education and provides free, compulsory education through age 15. Higher education opportunities are somewhat limited, but still high quality. Students can choose from a community college education and a university education at one university on the island, the University of the West Indies Distance Education Centre. The island also has a number of medical schools.
The University Calendar Year
Schools on Saint Lucia run on a semester schedule, with many offering a summer term as well. The spring semester runs from January through May, followed by a fall semester from September through December. Schools that have a summer term will vary on their schedule for the summer term.
Cost of Studying in St. Lucia
The cost of studying in St. Lucia will vary depending on the school chosen. Students should plan to spend around $$4,000-$10,000 U.S. per semester, in addition to fees and the cost of room and board. Scholarships are available to help with the cost of education. Undergraduate bachelor's degrees take an average of four years to complete, and master's programming adds an additional two years. Those in one of the medical schools on St. Lucia should plan four semesters of study in St. Lucia, then two semesters of study and clinicals in the United States.
Why Study in St. Lucia?
Students have many reasons to choose to study in Saint Lucia. Some choose the island because they want the chance to study in a Caribbean island destination. Others may choose Saint Lucia because of the opportunity to study in English at a major university.
The universities in Saint Lucia are known throughout the world for their quality programming. As a result, students who graduate can get a job in just about any field they wish, in Europe, North America and Europe.
Student Visas
Citizens of many countries can travel to Saint Lucia without a visa. These countries include many European countries, the United States, Singapore, Vanuatu, Zambia, Fiji, Estonia, Chile, Canada, Cuba, Cyprus and others. Before making plans to travel to Saint Lucia, students are encouraged to learn whether or not their citizenship requires a visa.
Useful Tips
When planning to travel to Saint Lucia, students should remember these useful tips:
- Regular cultural festivals on the island provide an excellent opportunity to get to know the history and culture of the people.
- Carnival is held in mid-July, instead of before Lent.
- Be prepared for unique cuisine, with a mix of African, European and East Indian cuisine on the island.
- Saint Lucia's main airport is the Hewanorra International Airport, but the George FL Charles Airport is closer to the tourist areas.
Studying in Saint Lucia can be a rewarding experience. The friendly people, tropical location and quality education make it a destination worth considering.


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Hits and misses, does it really need to cost this much, the Wal-Mart effect, survey says, Senate hearing quotable, while they're at it, checking in on Hollywood and Goldman too, spot on, and some refreshing words. It's all here in the Friday roundup.
Hits and Misses
I read pretty much everything churned out by FCPA Inc., including the flood of recent client alerts concerning the Straub and Steffen decisions. (See here and here for previous posts summarizing the decisions). Many of these alerts are good and informative (for instance, see here from Debevoise & Plimpton). However, some of these alerts are just plain wrong.
The headline of one alert was "District Court Decision Limits the Extraterritorial Reach of the FCPA." The headline of another alert was "Court Sets Limits on Extraterritorial FCPA Reach; Dismisses Case Against Foreign Siemens Executive."
Neither the Straub nor Steffen decisions concerned extraterritorial application of the FCPA. In fact, there is no extraterritorial reach of the FCPA as to foreign actors. Yes, the FCPA was amended in 1998 to provide for alternative "nationality" jurisdiction (i.e. extraterritorial jurisdiction) over U.S. persons (both legal and natural), however, 78dd-1(g) and 78dd-2(i) are strictly limited to U.S. persons.
Rather, the Straub decision concerned the scope of territorial jurisdiction under 78dd-1(a), specifically the meaning of "use of the mails or any means or instrumentality of interstate commerce …".
The Steffen decision did not even reach this issue as the judge found the initial threshold issue of personal jurisdiction lacking.
Wal-Mart's FCPA Scrutiny Expenses Mount
During the media feeding frenzy after the New York Times April 2012 Wal-Mart article (see here for the prior post), I had the pleasure to appear on Eliot Spitzer's Viewpoint program on Current TV. At the end of the segment, after the substantive issues were discussed, Spitzer offered that he has several contacts in the FCPA bar and that, regardless of the substantive issues involved in Wal-Mart's FCPA scrutiny or the ultimate outcome, lots of lawyers were poised to make lots of money.
Spitzer of course was right.
Wal-Mart recently stated (here) that it has incurred "$157 million of professional fees and expenses related to the ongoing" FCPA matter during its last fiscal year and that it expect to incur an additional "$40 to $45 million for the first quarter of fiscal 2014." During Wal-Mart's recent earnings conference call, a company executive stated as follows. "On FCPA, we continue to work closely with anticorruption compliance experts to review and to assess our programs and help us implement concrete steps for each particular market. In the various markets, these experts have spent tens of thousands of hours on anti-corruption support and training. We remain committed to follow all laws and regulations in the markets where we operate."
The $157 million Wal-Mart spent in the last FY equates to approximately $604,000 in professional fees and expenses per working day.
I observed in this March 2011 articles as follows.
"This new era of enforcement has resulted in wasteful overcompliance, companies viewing every foreign business partner with irrational suspicion, and companies deploying teams of lawyers and specialists around the world spending millions to uncover every potential questionable or unethical $100 corporate payment. This new era of enforcement has proven lucrative to many segments of the legal, accounting, and compliance industries and the status quo would, from their perspective, seem desirable."
The question again ought to be asked – does it really need to cost this much or has FCPA scrutiny turned into a boondoggle for many involved? For more on this issue, see my article "Big, Bold, and Bizarre: The Foreign Corrupt Practices Act Enters a New Era."
While minor compared to Wal-Mart's FCPA professional fees and expenses, Beam Inc. recently disclosed here that in 2012 the company spent approximately $4.2 million for "legal, forensic accounting, and other fees related to our internal investigation into Foreign Corrupt Practices Act compliance in our India operations."
Wal-Mart Effect
Switching gears, but sticking with Wal-Mart related issues, this May 2012 post highlighted a potential "Wal-Mart effect." In short, the point was that Wal-Mart is clearly not the only company subject to the FCPA that needs licenses, permits and the like when doing business in Mexico. I predicted that Wal-Mart's potential FCPA exposure would cause sleepless nights for many company executives doing business in Mexico and the general region. The post then discussed statements made during a Kimco Realty Corporation earnings call in May 2012 concerning its properties in Mexico.
Earlier this week, Kimco Realty stated in an SEC filing as follows.
"On January 28, 2013, the Company received a subpoena from the Enforcement Division of the SEC in connection with an investigation, In the Matter of Wal-Mart Stores, Inc. (FW-3678), that the SEC Staff is currently conducting with respect to possible violations of the Foreign Corrupt Practices Act. The Company is responding to the subpoena and intends to cooperate fully with the SEC in this matter. The Company has also been notified that the U.S. Department of Justice ("DOJ") is conducting a parallel investigation, and the Company expects that it will cooperate with the DOJ investigation. At this point, we are unable to predict the duration, scope or result of the SEC or DOJ investigation."
Survey Says
The annual Litigation Trends and Survey report by Fulbright & Jaworski is always a good read. This year's report (see here to download) surveyed 392 "senior corporate counsel" (275 in the U.S., 100 in the U.K. and 17 in other jurisdictions) on a wide-range of litigation and related matters. The following were FCPA or related survey results.
"Companies that have retained outside counsel to assist with a corruption or bribery investigation in the past 12 months (including, but not limited to, FCPA in U.S. and equivalent in U.K."
- 9% of U.S. respondents answered "yes"; 18% of U.K. respondents answered "yes." As noted, "U.S. figures [2010-2012] have remained relatively stable."
"Companies that have engaged in due diligence for bribery or corruption (including FCPA matters) relating to a merger, acquisition or other business transactions with a foreign country in the past 12 months."
- 18% of U.S. respondents answered "yes"; 26% of U.K. respondents answered "yes." As noted, "more companies this year have engaged outside counsel in due diligence for corruption or bribery investigations due to business transactions with entities based in a foreign country."
As to the due diligence figures, in the abstract these figures do not mean much, unless one knows how many responding companies actually engaged in foreign acquisitions or other business combinations.
The last survey result in the report perhaps speaks best to the over-hyped nature of the U.K. Bribery Act.
"Has your company changed the way it operates due to the emergence of anti-bribery legislation outside the U.S., such as U.K. Bribery Act 2010?"
- 78% of U.S. respondents answered "no" and 63% of U.K. respondents answered "no."
Senate Hearing Quotable
Senator Elizabeth Warren (D-MA) had some quotable moments (here) during a recent Senate Banking hearing. The hearing concerned financial regulation, not the FCPA. Nevertheless, some of the issues have some overlap to FCPA enforcement – including how settlement policies in regulatory enforcement actions create conditions in which there is "not much incentive to follow the law" and how "too big to fail" perhaps means "too big for trial."
Disclosure Issues
This recent Wall Street Journal CFO Journal post notes as follows.
"Securities and Exchange Commissioner Troy Paredes called for a complete review of the information companies disclose to investors, amid concerns that investors suffer from "disclosure overload" that could hamper their ability to gauge the importance of the data. "What we need is a top-to-bottom review of our disclosure regime," Mr. Paredes said at the Practising Law Institute's annual "SEC Speaks" conference in Washington, D.C. on Friday."
While they're at it, the SEC should take a look at its absurd position that all payments in violation of the FCPA, no matter how small the payment and no matter how large the company, are "qualitatively material." For instance, as noted in this previous post concerning comments made by enforcement officials at a conference I chaired, an SEC official suggested that the concept of materiality itself has two "sub-concepts": (i) quantitative materiality (something that impacts a company's financial statements) and (ii) qualitative materiality. While conceding that very few improper payments are "quantitatively material" and while recognizing that "qualitative materiality" is a "complicated gray area," the SEC officials nevertheless said that all bribes can be considered qualitatively material because they may "automatically trigger a books and records violation." For formal SEC guidance on this issue, see here.
Checking In
Hollywood Industry Sweep
From the New York Times regarding the on-going scrutiny of Hollywood movie studios in China.
"Last March, word reached several studios of a confidential inquiry by the Securities and Exchange Commissionand the Justice Department into possible violations of the Foreign Corrupt Practices Act by people or companies involved in the China film trade. Since then, executives and their advisers have been waiting for some public sign of the scope or focus of the government's interest. So far, there has been none. But official silence has not kept the investigation from casting a chill over dealings between Hollywood and China."
From the Wall Street Journal regarding the on-going scrutiny of Goldman's dealings with Libya's sovereign wealth fund.
"Libya's sovereign-wealth fund said it is cooperating with the U.S. Securities and Exchange Commission in its ongoing investigation into Goldman Sachs Group Inc. over the securities firm's dealings with the fund when Col. Moammar Gadhafi was in power. […] People close to the Libyan investment fund said officials have authorized some former fund executives to give testimony to the SEC. The officials also agreed to provide documents and other data to U.S. regulators about the fund's ties to Goldman, these people said."
Spot On
Two recent Q&A's on Law360 caught my eye. The question was "what is an important issue or case relevant to your practice area and why."
Neil Eggleston (Kirkland & Ellis) stated as follows.
"We are beginning to see the development of case law in the FCPA area, which I believe is good for the process. Most of these cases have been settled. When that occurs, defendants have little incentive to refuse to agree to novel Department of Justice theories of prosecution or jurisdiction, so long as the penalty is acceptable. The department then cites its prior settlement as precedent when settling later ones. But no court approved the earlier settlement, and the prior settlement should have no precedential value in favor of the DOJ in later settlements. As the DOJ increases its prosecution of individuals, we will see many more trials, which will give rise to courts, not the DOJ, interpreting the statute."
For more on these issues, see my article "The Facade of FCPA Enforcement" and this previous guest post on "prosecutorial common law."
Richard Marmaro (Skadden) answered the same question as follows.
"An issue of importance in the white collar area is the issue of prosecutorial misconduct, and appropriate remedies for prosecutors who intentionally conceal evidence, intimidate witnesses, or otherwise compromise or impact a defendant's right to a fair trial. I have seen firsthand in several of my cases shocking misconduct, which has gone undisciplined by the U.S. Department of Justice. I have been fortunate enough to expose this misconduct, and have had cases dismissed as a result. Indeed, over the last decade, there have been several dismissals nationwide at trial or reversals on appeal based on willful misconduct by government lawyers. Despite these judicial findings, however, the Justice Department's record of disciplining misbehaving prosecutors is shockingly inadequate. I don't know of any prosecutor that has been terminated based on a judicial finding of intentional misconduct. In addition, I believe that only two prosecutors have received any discipline at all (both in the Stevens case). In my view, the failure to sanction prosecutors who have been found by judges to have committed misconduct sends the wrong signal to defendants, the public and the vast majority of prosecutors who do their jobs honestly every day."
For more, see this previous post titled "Should There Be A Difference?"
Refreshing Words
Every now and then it is refreshing to read some common sense words about FCPA compliance and risk assessment. Such as this recent post from the Trace blog.
"Remember, perfection is neither possible nor necessary. When devising a compliance plan, it's important to remind oneself of the big picture. A company need not break the bank to have a compliance program that follows accepted best practices. As discussed below, there are various ways that good compliance can be affordable. And companies are not responsible for developing full-proof compliance programs; they only need to develop programs proportionate to the risk they face, with the understanding that no program will completely eliminate all risk from the equation. Unlike in other areas of business, when it comes to compliance, being in the middle of the pack is okay."
A good weekend to all.


text:
Hey Mr. Green,
From a strict environmental perspective, what type of diaper--cloth, disposable, or hybrid (disposable liner)--do you recommend?
--George in Wentworth, New Hampshire
The central question is this: Is it worse to (a) waste billions of gallons of hot water washing diapers that come from pesticide-doused cotton fields or (b) produce and toss the more than 27 billion disposables that end up in U.S. landfills each year? I recommend cloth--a daring statement, because diaper ecology has long been clouded by "analysis paralysis," and many environmentalists still can't reach a conclusion.
National Geographic's Green Guide (thegreenguide.com), a source I greatly admire, says there's "no easy answer to the 'cloth or disposable' debate." The EPA doesn't take a position either.
So how can Mr. Green be so certain?
First, it depresses the hell out of me to think that an infant's first ongoing contact with the outside world involves the twisted cult of disposability that bedevils our environment--a subjective argument, true, but not all environmental decisions need be made solely on the basis of science. John Muir didn't protect the great outdoors because of life cycle studies and scientific findings but because he loved it, and its abuse made him feel downright rotten. And damn it, that's how I feel.
The second major reason for rejecting disposables is the other bottom line. Disposables can cost from $1,500 to $2,000 between birth and potty training, while you can obtain four dozen cloth diapers and a half-dozen plastic covers for less than $100. Costs for washing, detergent, and drying are about $200 per year ($150 if you line-dry). So you save up to $1,500 per kid by using cloth. Invest those savings in a lifetime Sierra Club membership, and your reusable diapers dump all over disposables.


text:
Age of Reason, Part III, Section 5
Appendix. Contradictory Doctrines in the New Testament, Between Matthew And Mark.
In the New Testament, Mark, chap. xvi. ver. 16, it is said "He that believelh and is baptized shall be saved; he that believeth not shall be damned." This is making salvation, or, in other words, the happiness of man after this life, to depend entirely on believing, or on what Christians call faith.
But the 25th chapter of The Gospel according to Matthew makes Jesus Christ to preach a direct contrary doctrine to The Gospel according to Mark; for it makes salvation, or the future happiness of man, to depend entirely on good works; and those good works are not works done to God, for he needs them not, but good works done to man.
The passage referred to in Matthew is the account there given of what is called the last day, or the day of judgment, where the whole world is represented to be divided into two parts, the righteous and the unrighteous, metaphorically called the sheep and the goats.
To the one part called the righteous, or the sheep, it says, "Come ye blessed of my father, inherit the kingdom prepared for you from the beginning of the world — for I was an hungered and ye gave me meat — I was thirsty and ye gave me drink — I was a stranger and ye took me in — Naked and ye clothed me — I was sick and ye visited me — I was in prison and ye came unto me."
"Then shall the righteous answer him, saying, Lord, when saw we thee an hungered and fed thee, or thirsty and gave thee drink? When saw we thee a stranger and took thee in, or naked and clothed thee? Or when saw we thee sick and in prison, and came unto thee?
"And the king shall answer and say unto them, verily I say unto you in as much as ye have done it unto one of the least of these my brethren, ye have done it unto me."
Here is nothing about believing in Christ — nothing about that phantom of the imagination called Faith. The works here spoken of, are works of humanity and benevolence, or, in other words, an endeavour to make God's creation happy. Here is nothing about preaching and making long prayers, as if God must be dictated to by man; nor about building churches and meetings, nor hiring priests to pray and preach in them. Here is nothing about predestination, that lust which some men have for damning one another. Here is nothing about baptism, whether by sprinkling or plunging, nor about any of those ceremonies for which the Christian church has been fighting, persecuting, and burning each other, ever since the Christian church began.
If it be asked, why do not priests preach the doctrine contained in this chapter? The answer is easy; — they are not fond of practicing it themselves. It does not answer for their trade. They had rather get than give. Charity with them begins and ends at home.
Had it been said, Come ye blessed, ye have been liberal in paying the preachers of the word, ye have contributed largely towards building churches and meeting-houses, there is not a hired priest in Christendom but would have thundered it continually in the ears of his congregation. But as it is altogether on good works done to men, the priests pass over it in silence, and they will abuse me for bringing it into notice.
Thomas Paine
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