(United States Seventh Circuit) - Affirmed. A franchise's preliminary injunction against a franchisee operating a competing company was upheld in a lawsuit over the franchisee's alleged violation of franchise agreements. The district court should have included more detail regarding the likelihood of success on the merits by the movant, but there was enough to establish that the order wasn't an abuse of discretion.

(United States Seventh Circuit) - Affirmed, reversed, and remanded in part. Largely affirming the dismissal of claims alleging a conspiracy between a city and alarm companies, but reversing the dismissal of a contracts clause claim against the city.

(United States Seventh Circuit) - Vacated and remanded. The summary judgment in a contract lawsuit over a supply contract for manufactured goods was improper because there were genuine issues of material fact.

(United States Seventh Circuit) - Revived businesses' claims that they were sent unsolicited fax advertisements in violation of the federal Telephone Consumer Protection Act. Reversed a dismissal, in a case raising issues of standing to sue.

(United States Third Circuit) - Affirmed that a broker-dealer was required to arbitrate a customer's claim. The broker-dealer had placed a contractual clause in its agreement with an institutional customer stating that the customer must bring any claims arising out of their agreement in a particular federal court. Splitting from several other circuits on the enforceability of such forum-selection clauses, the Third Circuit held that the clause was unenforceable because it would circumvent Financial Industry Regulatory Authority (FINRA) Rule 12200. The panel therefore affirmed an order compelling the broker-dealer to submit to FINRA arbitration.

It's basically an audio-only film.

The post SYSTEM OF A DOWN & MINDLESS SELF INDULGENCE Vocalists Launch FUKTRONIC appeared first on Metal Injection.

(United States Ninth Circuit) - Remanding a case in which a Miami retirement trust obtained the stock of a company and later complained of false statements that the district court found to be puffery, forward looking, appropriately cautioned, without knowledge of their falsity, or protected by the safe harbor provision of the Private Securities Litigation Reform Act but the panel found that many of these exceptions did not apply in the given situation.

(United States Seventh Circuit) - District court's granting of summary judgment and bench verdict for Defendant affirmed. Sherman Act claim fails where the only current feasible way to comply with Chicagoland area city commercial fire safety ordinances was to use an exclusive provider. Under Fisher v. City of Berkeley, government restraints on trade imposed unilaterally do not form the basis of a Section 1 or Section 2 claim.

The ABA Journal recently published an article entitled Bar Exam Does Little to Ensure Attorney Competence, Say Lawyers in Diploma Privilege State, describing the experience in Wisconsin, the only state that currently has the “diploma privilege.”  Under the Wisconsin rules, in-state law school graduates can become licensed without taking a bar exam.  These graduates must … Continue reading The Coronavirus Crisis Provides an Opportunity to Adopt Better Systems for Licensing Lawyers than the Bar Exam →

In 44 seasons as Eaton's head coach from 1972 to 2015, Danley was 807-163-2, a Colorado-best for wins and tied for the nation's top prep winning percentage (83.1%).

Jamira Burley has found her calling.

TRB's Airport Cooperative Research Program (ACRP) Research Report 155: Guidebook for Advanced Computerized Maintenance Management System Integration at Airports explores the use of a Computerized Maintenance Management System (CMMS) to manage a variety of assets across a number of different airport systems. This report develops guidance on the steps necessary to implement a CMMS, factors for consideration in prioritizing which systems should be included in the CMMS using a phased approach, and the steps ...

The unmanned aircraft systems (UAS) industry is on the cutting edge of aviation innovation. Airports, including tenants and contractors, are discovering the benefits of UAS to their operations and bottom line. Yet, with the diversity of UAS applications at airports, there has been a lack of relevant industry data on this topic to inform the airport industry on current practices. The TRB Airport Cooperative Research Program's ACRP Synthesis 104: Current Landscape of Unmanned Aircraft Systems at Airports s...

As demand for air travel grows, airport-related emissions are increasing and airports are challenged to reduce associated environmental impacts. In response, expanded regulatory programs and global climate protection initiatives are being developed that require the aviation industry—including U.S. airports—to implement new, clean technologies and to modify operational practices to reduce emissions. One effective option for reducing the emissions associated with aircraft auxiliary power units (APUs) and d...

The first edition of this report, in 2009, provided a comprehensive industry reference for the management of airport deicing runoff. The second edition has been wholly updated to reflect the latest industry practices. The TRB Airport Cooperative Research Program's ACRP Research Report 14: Deicing Planning Guidelines and Practices for Stormwater Management Systems, second edition , explores a wide array of practices designed to provide for the practical, cost-effective control of runoff from aircraft and ...

The introduction of unmanned aircraft systems (UAS) has presented a wide range of new safety, economic, operational, regulatory, community, environmental, and infrastructure challenges to airports and the National Airspace System. These risks are further complicated by the dynamic and shifting nature of UAS technologies. The pre-publication draft of ACRP Research Report 212: Airports and Unmanned Aircraft Systems, Volume 1: Managing and Engaging Stakeholders on UAS in the Vicinity of Airports provides gu...

Introduction of unmanned aircraft systems (UAS) will pose safety, economic, operational, regulatory, community, environmental, and infrastructure challenges to airports. These risks are further complicated by the dynamic nature of UAS technological development. Experiences and lessons learned from recent major aviation system changes demonstrate the critical importance of ensuring that airports have the resources needed to avoid adverse impacts and maximize benefits as early as possible. This pre-publica...

Scientists published the first assessment of the impact that invasive hippos imported by drug lord Pablo Escobar are having on Colombian aquatic ecosystems. The hippos are changing the area's water quality by importing large amounts of nutrients and organic material from the surrounding landscape.

Systemic sclerosis (SSc) is an autoimmune fibrotic disease whose pathogenesis is poorly understood and lacks effective therapies. We undertook quantitative analyses of T cell infiltrates in the skin of 35 untreated patients with early diffuse SSc and here show that CD4+ cytotoxic T cells and CD8+ T cells contribute prominently to these infiltrates. We also observed an accumulation of apoptotic cells in SSc tissues, suggesting that recurring cell death may contribute to tissue damage and remodeling in this fibrotic disease. HLA-DR–expressing endothelial cells were frequent targets of apoptosis in SSc, consistent with the prominent vasculopathy seen in patients with this disease. A circulating effector population of cytotoxic CD4+ T cells, which exhibited signatures of enhanced metabolic activity, was clonally expanded in patients with systemic sclerosis. These data suggest that cytotoxic T cells may induce the apoptotic death of endothelial and other cells in systemic sclerosis. Cell loss driven by immune cells may be followed by overly exuberant tissue repair processes that lead to fibrosis and tissue dysfunction.

Erowid Exp114340

I'm getting so very tired of safety/accident researchers claiming that root cause analysis is an invalid, blame-focused practice that ignores systems and complexity. Most root cause investigators that I know are pretty well oriented towards process, organization, and system issues as the fundamental sources underlying problems and accidents... and even some of our simplest analysis […]

My previous post about root causes in complex systems, in retrospect, looks a little bit like a rant. That doesn't bother me too much, really... but I wish I had included the following info: it is one way to go about resolving the mess that complex systems can make of your root cause analysis. Basically, when […]

IBM today announced that CipherHealth, a SaaS healthcare provider, has deployed IBM Power Systems™ infrastructure to run its technology platform that helps healthcare providers reduce re-admissions and improve the patient experience by providing effective patient engagement from pre-hospitalization through to post-discharge. The move to the new infrastructure has halved CipherHealth’s monthly infrastructure costs, and improved its data processing times by nearly 90 percent.

IBM today announced that according to results from International Data Corporation (IDC) Worldwide Quarterly Server Tracker®(June, 2017) IBM has achieved market growth by 3x compared with the total Linux server market which grew at +6 percent. The improved performance are the result of success across IBM Power Systems including IBM’s OpenPOWER LC servers and IBM Power Systems running SAP HANA as well as the OpenPOWER-Ready servers developed through the OpenPOWER Foundation.

IBM today unveiled a number of major additions to its Flex System portfolio. The offerings combine the latest server technology with new virtualization, networking and management tools, allowing clients to consolidate their existing IT infrastructures and reduce operating costs. This will help clients use smaller data center environments to quickly deploy, manage and secure increasingly larger clouds.

IBM today announced that Vissensa, a UK-based managed service provider (MSP), has taken delivery of the IBM Enterprise Cloud System, which will help the company offer new and improved cloud services to its customers.

IBM announced today two significant quantum processor upgrades for its IBM Q early-access commercial systems. These upgrades represent rapid advances in quantum hardware as IBM continues to drive progress across the entire quantum computing technology stack, with focus on systems, software, applications and enablement.

IBM Japan today announced that Sony Corporation and Sony Global Education, a subsidiary of Sony that works to provide global educational services, have developed a new blockchain-based student education records platform. With the solution, school administrators can consolidate and manage students' educational data from several schools, as well as record and refer their learning history and digital academic transcripts with more certainty. The new platform, developed using IBM Blockchain, uses blockchain technology running on the IBM Cloud to track students’ learning progress, as well as establish transparency and accountability of scholastic achievements between students and schools.

IBM today announced the Integrated Analytics System, a new unified data system designed to give users fast, easy access to advanced data science capabilities and the ability to work with their data across private, public or hybrid cloud environments.

IBM today announced sweeping advances in its all-flash storage solutions and software to significantly drive down the costs of data and extend its solutions for hybrid and private cloud environments.

IBM, which is celebrating its centennial this Thursday, announced that its Watson computer system was honored this evening as the Person Of The Year at the 15th Annual Webby Awards gala in New York City. Earlier this year, Watson captured the international spotlight when it competed on the renowned quiz show Jeopardy! and defeated the show's two most successful and celebrated contestants, Ken Jennings and Brad Rutter.

IBM today announced new systems highly-tuned and optimised to help clients more quickly draw insights from vast amounts of data to anticipate emerging business trends, capture new opportunities and avoid risks. These new optimised systems support all environments in a data center, enabling clients to handle higher volumes of transactions and analyse data where it resides.

IBM today announced the zEnterprise® EC12 mainframe server, the most powerful and technologically advanced version of an IBM system that has been the linchpin of enterprise computing for 48 years. The new enterprise system features technologies that demonstrate IBM’s ongoing commitment to meet the growing need to secure and manage critical information with the System z mainframe.

IBM announced that New Zealand-based application developer and emergency network provider, CLOUD M, has migrated its emergency alert tools and system to IBM Cloud for greater reliability and performance.

IBM (NYSE: IBM) today announced that Bendigo and Adelaide Bank has selected IBM XIV Storage System Gen3 as a key infrastructure component for its ongoing development and delivery of customer-focussed business applications.

IBM Internet Security Systems (ISS) warns against a new wave of security threats during the holidays and provides guidance on how consumers and businesses can protect themselves.

IBM Australia (NYSE: IBM) has been awarded a multimillion dollar contract with NBN Co Limited to implement and manage the core business and operational support systems required to operate Australia’s National Broadband Network (NBN).

Southern Cross Computer Systems Pty Ltd has been named winner of the award for “Innovation in Green IT Data Center Solution” in the annual IBM Beacon Awards competition, honoring IBM Business Partners for their ingenuity, innovation, customer satisfaction and outstanding achievements in providing business solutions.

IBM (NYSE: IBM) and Cúram Software announced today the successful implementation of a number of software solutions for WorkCoverSA to support their business. WorkCover selected IBM Global Business Services to implement the Cúram for Workers' Compensation Solution, a comprehensive and proven claims management solution that manages and automates the complete claim lifecycle from injury to outcome, as part of a comprehensive modernisation of their IT systems.

Dr. Anthony S Fauci, director of the National Institute of Allergy and Infectious Diseases and just...

The System: Who Rigged It, How We Fix It 

The coronavirus has starkly revealed what most of us already knew: The concentration of wealth in America has created a a health care system in which the wealthy can buy care others can’t. 

It’s also created an education system in which the super-rich can buy admission to college for their children, a political system in which they can buy Congress and the presidency,  and a justice system in which they can buy their way out of jail. 

Almost everyone else has been hurled into a dystopia of bureaucratic arbitrariness, corporate indifference, and the legal and financial sinkholes that have become hallmarks of modern American life.

The system is rigged. But we can fix it.

Today, the great divide in American politics isn’t between right and left. The underlying contest is between a small minority who have gained power over the system, and the vast majority who have little or none. 

Forget politics as you’ve come to see it – as contests between Democrats and Republicans. The real divide is between democracy and oligarchy.

The market has been organized to serve the wealthy. Since 1980, the percentage of the nation’s wealth owned by the richest four hundred Americans has quadrupled (from less than 1 percent to 3.5 percent) while the share owned by the entire bottom half of America has dropped to 1.3 percent.

The three wealthiest Americans own as much as the entire bottom half of the population. Big corporations, CEOs, and a handful of extremely rich people have vastly more influence on public policy than the average American. Wealth and power have become one and the same.

As the oligarchs tighten their hold over our system, they have lambasted efforts to rein in their greed as “socialism”, which, to them, means getting something for doing nothing.

But “getting something for doing nothing” seems to better describe the handouts being given to large corporations and their CEOs. 

General Motors, for example, has received $600 million in federal contracts and $500 million in tax breaks since Donald Trump took office. Much of this “corporate welfare” has gone to executives, including CEO Mary Barra, who raked in almost $22 million in compensation in 2018 alone. GM employees, on the other hand, have faced over 14,000 layoffs and the closing of three assembly plants and two component factories.

And now, in the midst of a pandemic, big corporations are getting $500 billion from taxpayers. 

Our system, it turns out, does practice one form of socialism – socialism for the rich. Everyone else is subject to harsh capitalism.

Socialism for the rich means people at the top are not held accountable. Harsh capitalism for the many, means most Americans are at risk for events over which they have no control, and have no safety nets to catch them if they fall.

Among those who are particularly complicit in rigging the system are the CEOs of America’s corporate behemoths. 

Take Jamie Dimon, the CEO of JPMorgan Chase, whose net worth is $1.4 billion. He comes as close as anyone to embodying the American system as it functions today.

Dimon describes himself as “a patriot before I’m the CEO of JPMorgan.”

He brags about the corporate philanthropy of his bank, but it’s a drop in the bucket compared to his company’s net income, which in 2018 was $30.7 billion – roughly one hundred times the size of his company’s investment program for America’s poor cities. 

Much of JP Morgan’s income gain in 2018 came from savings from the giant Republican tax cut enacted at the end of 2017 – a tax cut that Dimon intensively lobbied Congress for.

Dimon doesn’t acknowledge the inconsistencies between his self-image as “patriot first” and his role as CEO of America’s largest bank. He doesn’t understand how he has hijacked the system.

Perhaps he should read my new book.

To understand how the system has been hijacked, we must understand how it went from being accountable to all stakeholders – not just stockholders but also workers, consumers, and citizens in the communities where companies are headquartered and do business – to intensely shareholder-focused capitalism.

In the post-WWII era, American capitalism assumed that large corporations had responsibilities to all their stakeholders. CEOs of that era saw themselves as “corporate statesmen” responsible for the common good.

But by the 1980s, shareholder capitalism (which focuses on maximizing profits) replaced stakeholder capitalism. That was largely due to the corporate raiders – ultra-rich investors who hollowed-out once-thriving companies and left workers to fend for themselves.

Billionaire investor Carl Icahn, for example, targeted major companies like Texaco and Nabisco by acquiring enough shares of their stock to force major changes that increased their stock value – such as suppressing wages, fighting unions, laying off workers, abandoning communities for cheaper labor elsewhere, and taking on debt – and then selling his shares for a fat profit. In 1985, after winning control of Trans World Airlines, he loaded the airline with more than $500 million in debt, stripped it of its assets, and pocketed nearly $500 million in profits.

As a result of the hostile takeovers mounted by Icahn and other raiders, a wholly different understanding about the purpose of the corporation emerged.

Even the threat of hostile takeovers forced CEOs to fall in line by maximizing shareholder profits over all else. The corporate statesmen of previous decades became the corporate butchers of the 1980s and 1990s, whose nearly exclusive focus was to “cut out the fat” and make their companies “lean and mean.”

As power increased for the wealthy and large corporations at the top, it shifted in exactly the opposite direction for workers. In the mid-1950s, 35 percent of all private-sector workers in the United States were unionized. Today, 6.4 percent of them are.

The wave of hostile takeovers pushed employers to raise profits and share prices by cutting payroll costs and crushing unions, which led to a redistribution of income and wealth from workers to the richest 1 percent. Corporations have fired workers who try to organize and have mounted campaigns against union votes. All the while, corporations have been relocating to states with few labor protections and so-called “right-to-work” laws that weaken workers’ ability to join unions.

Power is a zero-sum game. People gain it only when others lose it. The connection between the economy and power is critical. As power has concentrated in the hands of a few, those few have grabbed nearly all the economic gains for themselves.

The oligarchy has triumphed because no one has paid attention to the system as a whole – to the shifts from stakeholder to shareholder capitalism, from strong unions to giant corporations with few labor protections, and from regulated to unchecked finance.

As power has shifted to large corporations, workers have been left to fend for themselves. Most Americans developed 3 key coping mechanisms to keep afloat.

The first mechanism was women entering the paid workforce. Starting in the late 1970s, women went into paid work in record numbers, in large part to prop up family incomes, as the wages of male workers stagnated or declined. 

Then, by the late 1990s, even two incomes wasn’t enough to keep many families above water, causing them to turn to the next coping mechanism: working longer hours. By the mid-2000s a growing number of people took on two or three jobs, often demanding 50 hours or more per week.

Once the second coping mechanism was exhausted, workers turned to their last option: drawing down savings and borrowing to the hilt. The only way Americans could keep consuming was to go deeper into debt. By 2007, household debt had exploded, with the typical American household owing 138 percent of its after-tax income. Home mortgage debt soared as housing values continued to rise. Consumers refinanced their homes with even larger mortgages and used their homes as collateral for additional loans.

This last coping mechanism came to an abrupt end in 2008 when the debt bubbles burst, causing the financial crisis. Only then did Americans begin to realize what had happened to them, and to the system as a whole. That’s when our politics began to turn ugly.  

So what do we do about it? The answer is found in politics and rooted in power.

The way to overcome oligarchy is for the rest of us to join together and form a multiracial, multiethnic coalition of working-class, poor and middle-class Americans fighting for democracy.

This agenda is neither “right” nor “left.” It is the bedrock for everything America must do.

The oligarchy understands that a “divide-and-conquer” strategy gives them more room to get what they want without opposition. Lucky for them, Trump is a pro at pitting native-born Americans against immigrants, the working class against the poor, white people against people of color. His goal is cynicism, disruption, and division. Trump and the oligarchy behind him have been able to rig the system and then whip around to complain loudly that the system is rigged.

But history shows that oligarchies cannot hold on to power forever. They are inherently unstable. When a vast majority of people come to view an oligarchy as illegitimate and an obstacle to their wellbeing, oligarchies become vulnerable.

As bad as it looks right now, the great strength of this country is our resilience. We bounce back. We have before. We will again.

In order for real change to occur – in order to reverse the vicious cycle in which we now find ourselves – the locus of power in the system will have to change.

The challenge we face is large and complex, but we are well suited for the fight ahead. Together, we will dismantle the oligarchy. Together, we will fix the system.

U.S. Financial System “Monitor” Failed to Flash Warning as Fed Pumped $6 Trillion Emergency Liquidity into Wall Street

By Pam Martens and Russ Martens: May 8, 2020 ~  The Office of Financial Research (OFR) was created under the Dodd-Frank financial reform legislation of 2010 to keep the Financial Stability Oversight Council (F-SOC) informed on emerging threats that have the potential to implode the financial system — as occurred in 2008 in the worst financial crash since the Great Depression. The Trump administration has gutted both its funding and staff. One of the early warning systems of an impending financial crisis that OFR was supposed to have created is the heat map above. Green means low risk; yellow tones mean moderate risk; while red tones flash a warning of a serious problem. On September 17, 2019, liquidity was so strained on Wall Street that the Federal Reserve had to step in and began providing hundreds of billions of dollars per week in repo loans. By January 27, 2020 (before … Continue reading →

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