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Adani facing prosecution for allegedly providing false information in Carmichael mine report

Mining giant Adani is being accused of providing false information to Queensland's environment department over land clearing at the site of its proposed Carmichael mine.




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CSIRO's Investigator voyages through Coral Sea to map seafloor and unlock seabird secrets

It's largely unknown what seabirds and marine mammals do when they are out in Australia's remote waters, but an ongoing project aboard at 94-metre floating laboratory is changing that.




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Queensland unemployment figures second highest in the country behind SA

Some regional areas of Queensland see unemployment rates skyrocket above 14 per cent with experts warning it will get worse if the Government doesn't step in.





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Couple has second chance at love, tying the knot 60 years after their first engagement

Tom never gave up hope that he would be reunited with the lost fiancee of his youth, diligently attending their graduate reunion every 10 years in the hopes Judith would be there.




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UK food and drink sector bucks trend as pandemic sees international trade fall in Q1

Food and drink businesses defied an overall drop in UK exports during the first quarter of 2020 as supply chain disruption and international efforts to combat coronavirus hit overseas sales of goods and services, according to the Lloyds Bank International Trade Index.




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Network Detective helps organisations secure work-at-home devices to mitigate cybersecurity threats and vulnerabilities caused by remote workforces

What was once considered a luxury – the ability to work from home – is now a necessity in today’s unprecedented time.






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NSW Nationals leader John Barilaro says 'green tape' hindering water security amid drought crisis

The NSW Nationals leader John Barilaro says "green tape" is standing in the way of long-term solutions to the drought crisis, and suggests the state could borrow money to reshape water infrastructure.




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Telling Stories about the Byrd Second Antarctic Expedition: Findings from the Byrd Archives Webinar

Telling Stories about the Byrd Second Antarctic Expedition: Findings from the Byrd Archives  Wednesday, May 13, 2020 3 – 4 p.m. EST Register here Join the Byrd Center in a virtual webinar with Dr. Anneke Schwob from the University of North Carolina at Chapel Hill. This is a special seminar and collaboration between the Byrd Center and Polar […]




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Beyond 'A League of Their Own': New Netflix documentary reveals 'secret love' between women's baseball league player and her partner

Director Chris Bolan, producers Alexa L. Fogel and Brendan Mason and subject Pat Henschel talk about the new Netflix documentary "A Secret Love."





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Second annual M&A roundtable held in New York City

Law and Capital Markets @ Ohio State and Kirkland & Ellis LLP held their second annual Mergers & Acquisitions Roundtable this month, covering “The State of Play in Mergers” and “Corporate Governance and Shareholder Activism” in two sessions over May 14-15.




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A new vision for 'social security'. Home healthcare smart sensors help keep Italian seniors living in place.

Faced with a stagnant, 10-year budget forecast, restricted resources and the need to address healthcare and safety needs of a rapidly growing percentage of healthy citizens over the age of 70, city leaders got creative. Partnering with IBM, TIS Innovation Park, the technological park of Bolzano, and Dr. Hein GmbH, the city sponsored the Secure Living project to help seniors safely 'age in place' at home.




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In re Vivendi, S.A. Secs. Litig.

(United States Second Circuit) - In a class action securities brought by investors in a French entertainment company, alleging defendant's persistently optimistic representations during the period from October 30, 2000 to August 14, 2002, constituted securities fraud under section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. section 78j(b), as well as the Securities Exchange Commission's Rule 10b–5 promulgated thereunder, 17 C.F.R. section 240.10b-5, the District Court's entry of the jury verdict finding defendant liable for fraud under under section 10(b) and Rule 10b-5 is affirmed where: 1) plaintiffs relied on specifically identified false or misleading statements; 2) defendant's claim that certain statements constituted non‐actionable statements of opinion is not preserved for appellate review; 3) defendant's claims that certain statements constituted non‐actionable puffery and that others fall under the Private Securities Law Reform Act's (PSLRA) safe harbor provision for 'forward‐looking statements,' 15 U.S.C. section 78u‐5(c), is without merit; 4) evidence was sufficient to support the jury's verdict; and 5) there was no abuse of discretion in admitting expert testimony. As to plaintiff's cross appeal: 1) the court did not abuse it's discretion in excluding certain foreign shareholders from the class; and 2) did not err in dismissing claims by American purchasers of ordinary shares under Morrison v. Nat'l Austl Bank Ltd., 561 U.S. 247 (2010)




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Lorenzo v. SEC

(United States Supreme Court) - In a securities law case, held that someone who is directed by a boss to make a misstatement may potentially be liable for it. A senior-level investment banker who allegedly made knowingly false statements in emails to prospective investors claimed that his boss had told him what to say, so he could not be held responsible. Disagreeing, the U.S. Supreme Court concluded that his conduct could fall within the scope of federal securities laws, upholding a ruling of the Securities and Exchange Commission. Justice Breyer delivered the opinion of a 6-2 Court (Justice Kavanaugh not participating).




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Oscar Melendez v. Kevin McAleenan, Acting Secy, et

(United States Fifth Circuit) - Vacated and complaint dismissed. Plaintiff sought declaratory judgment against Defendant, Homeland Security, claiming that DHS improperly denied application for legal permanent resident. Appellate court held that Plaintiff failed to state a legally cognizable claim.




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(500) https://joshuatdean.com/wp-content/uploads/2020/02/NoiseCognitiveFunctionandWorkerProductivity.pdf

Wow! Noise is a secret killer of performance. A 10db noise increase (from a dishwasher to a vacuum) drops productivity by 5% - but most people don't notice since it impacts cognition, not effort. Also, note that noise is greater in poorer neighborhoods...




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South Korea’s Secret




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Oliver v. Secretary of Health and Human Services

(United States Federal Circuit) - Affirmed that vaccinations given to an infant did not cause him to develop a seizure condition. The parents of an infant who developed an illness called Dravet syndrome after being vaccinated sued the Secretary of Health and Human Services for compensation under the National Childhood Vaccine Injury Act of 1986. Agreeing with the findings of the U.S. Court of Federal Claims, the Federal Circuit held in a 2-1 decision that the parents failed to show that the infant's injuries were caused by his vaccinations.




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Secret weapon wins state title

The state-title winning South East OzTag 13 girls team has a secret weapon: a never-say-die attitude coupled with some serious dance moves.




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SEC v. Frohling

(United States Second Circuit) - In a case in which defendant was found liable for securities laws violations sections 5 and 17(a) of the Securities Act of 1933, 15 U.S.C. sections 77e, 77q(a), section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. section 78j(b), and Rule 10b-5 there under, 17 C.F.R. section 240.10b-5, in connection with false opinion letters defendant wrote or approved to enable impermissible public offerings of unregistered shares of stock of defendant, the district court's grant of summary judgment to the SEC is affirmed over defendant's principal contention that the district court erred in ruling that there was no genuine issue to be tried as to his knowledge of the falsity of the letters.




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SEC v. World Capital Market, Inc.

(United States Ninth Circuit) - In an issue of first impression involving the Securities and Exchange Commission's ability to disgorge ill-gotten funds from so-called 'relief defendants', the district court's final judgment, arising in connection with the SEC's enforcement action for federal securities law violations arising out of a fraudulent investment scheme, is affirmed where: 1) the district court properly asserted jurisdiction over appellants as relief defendants to determine the legal and factual legitimacy of appellants' claim to the $5 million; and 2) the district court did not clearly err in finding that the $5 million transfer as a loan was a sham.




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Kokesh v. SEC

(United States Supreme Court) - In a case arising out of an SEC enforcement action, alleging that petitioner violated various securities laws by concealing the misappropriation of money from business-development companies, and seeking monetary civil penalties, disgorgement, and an injunction barring petitioner from future violations, the Tenth Circuit's judgment -- that 28 U.S.C. section 2462's 5-year limitations period applied to the monetary civil penalties but that section 2462 did not apply because disgorgement was neither a penalty nor a forfeiture -- is reversed, where because SEC disgorgement operates as a penalty under section 2462, any claim for disgorgement in an SEC enforcement action must be commenced within five years of the date the claim accrued.




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E.J. Brooks Co. v. Cambridge Sec. Seals

(United States Second Circuit) - In a suit for misappropriation of trade secrets, unfair competition, and unjust enrichment under New York law, the district court's judgment is affirmed as it relates to defendant's liability but deferred pending the resolution of two questions certified to the New York Court of Appeals.




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SEC v. Teo

(United States Third Circuit) - Judgment finding defendants were liable for violating the Securities Exchange Act of 1934, and ordering defendants to disgorge over $17 million, plus prejudgment interest amounting to over $14 million is affirmed, where: 1) the district court did not abuse its discretion by admitting defendant Teo's guilty plea allocution; 2) there was sufficient evidence to prove a "plans and proposals" theory of liability; and 3) the district court did not abuse its discretion in ordering disgorgement, including prejudgment interest.




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US Sec. & Exchange Comm'n v. Jensen

(United States Ninth Circuit) - In an enforcement action filed by the Securities and Exchange Commission (SEC) alleging that the defendants participated in a scheme to defraud investors by reporting millions of dollars in revenue that were never realized, the District Court's judgment in favor of defendant-corporate officers is vacated where: 1) Rule 13a-14 of the Securities Exchange Act provided the SEC with a cause of action not only against Chief Executive Officers and Chief Financial Officers who did not file the required certifications, but also against CEOs and CFOs who certified false or misleading statements; and 2) the disgorgement remedy authorized under Section 304 of the Sarbanes-Oxley Act applied regardless of whether a restatement was caused by the personal misconduct of an issuer's CEO and CFO or by other issuer misconduct.




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SEC v. Stanford International Bank Ltd.

(United States Fifth Circuit) - Addressed insurance coverage issues in a securities fraud case. Held that the district court abused its discretion in approving a settlement agreement and so-called bar orders. Vacated and remanded for further proceedings, in this case involving a financial firm's massive Ponzi scheme.




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Secalt, S.A. v. Wuxi Shenxi Construction Machinery Co., Ltd.

(United States Ninth Circuit) - In a suit claiming that the defendant's traction hoists infringed the trade dress of the plaintiffs' traction hoist, the district court’s grant of summary judgment, its finding of exceptionality, and its award of attorney’s fees under the Lanham Act are affirmed, where the plaintiffs did not present evidence sufficient to create a triable issue as to the nonfunctionality of its claimed trade dress, but the district court's award of non-taxable costs and certain taxable costs is reversed.




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Garco Const. Inc. v. Sec'y of the Army

(United States Federal Circuit) - In an appeal of a decision of the Armed Services Board of Contract Appeals denying plaintiff's damages claim arising out of its contract with the U.S. Army Corps of Engineers to build housing units on Malmstrom Air Force Base, the Board's decision is affirmed where there was no change to the base access policy that forced additional costs.




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Lee's Ford Dock, Inc. v. Secretary of the Army

(United States Federal Circuit) - Affirming the grant of summary judgment for the Army and dismissing the private party's claims for contract reformation and breach of contract in the case of a marina on land leased from the Army that was rendered unusable for a period of time while the Army reduced the water level of a lake to repair a dam.




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Cappetta v. Social Security Administration

(United States Second Circuit) - Held that the Social Security Administration was justified in imposing an assessment and penalty on a recipient of disability benefits who failed to report work activity. The benefit recipient disputed that his failure to report earnings was material. While rejecting his legal challenge, the Second Circuit held that the agency lacked substantial evidence to support the amounts of the assessment and penalty, and therefore vacated and remanded.




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Lockwood v. Commissioner of Social Security Administration

(United States Second Circuit) - Held that the Social Security Administration erred in denying an individual's disability insurance benefits application. Reversed the district court and remanded for further proceedings.




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SEC v. Arcturus Corp.

(United States Fifth Circuit) - Held that it could not be decided on summary judgment whether interests in several oil and gas drilling projects qualified as securities, as the Securities and Exchange Commission insisted they were. The SEC brought this civil enforcement action against several companies that sold the interests to investors without first registering them as securities. Reversed a summary judgment ruling and remanded.




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SEC v. Arcturus Corporation, et al

(United States Fifth Circuit) - Plaintiff, SEC, filed suit against Defendant for failure to register interests in oil and gas drilling projects as securities. District court granted SEC motion for summary judgement. Appeals court revered and remanded because Defendant had raised several issues of material fact that the district court failed to consider.




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Sec. & Exch. Comm'n v. M&A W. Inc.

(United States Ninth Circuit) - In an SEC enforcement action arising from the activities of a company described as a "sham incubator for startup companies", summary judgment ruling against defendant is affirmed in part and reversed and remanded in part where: 1) the district court correctly found that defendant was an underwriter under section 2(11) of the Securities Act of 1933, and therefore not exempt from the the Act's registration requirements; 2) it did not err in ordering that defendant disgorge all profits, with interest, he obtained from certain transactions; but 3) genuine issues of material fact precluded summary judgment as to the imposition of certain civil sanctions.




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Heath v. SEC

(United States Second Circuit) - Investment banker's petition for review of the SEC's affirmance of the New York Stock Exchange's (NYSE) finding that petitioner violated NYSE Rule 476(a)(6) by disclosing a client's confidential information to a third party, the petition is denied where: 1) a violation of the rule did not require bad faith; 2) mere unethical conduct was sufficient for violation of the rule outside the breach of contract context; and 3) summary judgment was appropriate on the issue of petitioner's guilt.




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In re: Omnicom Group, Inc. Secs. Litig.

(United States Second Circuit) - In a securities class action alleging that defendants fraudulently accounted for a transaction, summary judgment for defendants is affirmed where: 1) plaintiffs failed to prove loss causation because their expert's testimony did not suffice to draw the requisite causal connection between the information in the article at issue and the fraud alleged in the complaint; and 2) the generalized investor reaction of concern causing a temporary share price decline was far too tenuously connected -- indeed, by a metaphoric thread -- to the transaction to support liability.




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In re US Office of Personnel Management Data Security Breach Litigation

(United States DC Circuit) - Revived claims that the U.S. Office of Personnel Management's woefully inadequate cybersecurity practices enabled hackers to steal personal data about millions of past and present federal employees. Reversed a dismissal in relevant part, in a lawsuit brought by labor unions and others arising out of a 2014 cyberattack.




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Simmons v. Secretary of Health and Human Services

(United States Federal Circuit) - Affirming the denial of attorney fees and costs to a man who sued claiming that he developed Guillain-Barre Syndrome as the result of a flu vaccination because the Court of Federal Claims correctly concluded that there was no reasonable basis for the claim.




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Oliver v. Secretary of Health and Human Services

(United States Federal Circuit) - Affirmed that vaccinations given to an infant did not cause him to develop a seizure condition. The parents of an infant who developed an illness called Dravet syndrome after being vaccinated sued the Secretary of Health and Human Services for compensation under the National Childhood Vaccine Injury Act of 1986. Agreeing with the findings of the U.S. Court of Federal Claims, the Federal Circuit held in a 2-1 decision that the parents failed to show that the infant's injuries were caused by his vaccinations.




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In re US Office of Personnel Management Data Security Breach Litigation

(United States DC Circuit) - Revived claims that the U.S. Office of Personnel Management's woefully inadequate cybersecurity practices enabled hackers to steal personal data about millions of past and present federal employees. Reversed a dismissal in relevant part, in a lawsuit brought by labor unions and others arising out of a 2014 cyberattack.




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Seven Seas Music Secures Sync Licensing Rights For Jazz Re-Recording Of Eric B. & Rakim’s Classic Hip-Hop Album ‘Follow The Leader’

Seven Seas Music Will Now Represent The Re-recorded 11-track Album For Placements In Film Trailers, Advertising, Video Games, And More.




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BitDefender Internet Security Review

Read our take on BitDefender Internet Security 2008




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Kaspersky Internet Security 2010 Review

Read our latest review of the popular internet security suite, Kaspersky Internet Security 2010.




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Outpost Securty Suite Pro 7.5.1 Review

I had the privilege of taking a closer look at Agnitum's Internet Security Suite called Outpost Security Suite Pro. This security suite has quite a lot under the hood so there are plenty of things to discuss. Please note that version 7.5.2 will be released soon, so I will update my review where necessary when the latest version is released.




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Tips and Tricks Section Replaced by New Website

Kindly note that our tips and tricks section will no longer be maintained (but will still be available for future reference). All new tips and tricks will now be published on a website dedicated to free computer tips and tricks. Visit www.nicetoknow.co.za for more information.




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avast! Internet Security 2014 Review

Check out our latest review of avast! Internet Security 2014




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How To Improve the avast! Internet Security Firewall

A quick and easy way of making the avast! Internet Security Firewall much more effective.