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The Conversational Internet. A project that enables people who are blind to 'talk' with web pages.

The Conversational Internet is an inspiring project developed by a team of Extreme Blue interns throughout the summer at the IBM Hursley Lab in the UK. The Royal London Society for Blind People approached IBM with the aim of creating improvements in the way that people who are blind interact with information on the Internet and the team is working towards a smart solution.




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Daily dose of inclusive Social Business. Discovery Channel Canada interviews IBM HA&AC Advocacy and Outreach Program Manager Peter Fay.

The Daily Planet team from the Discovery Channel Canada is hip. They highlight cool new technologies and explore interesting people, places and things. So, when their FutureTech team wanted to get a first-hand look at the New Mobile Workplace, they came to IBM.




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Trump: Professional sports will restart without fans in attendance




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Volkswagen's most aerodynamic car is a record-breaking prototype made in 1980

The most aerodynamic car ever to wear a Volkswagen emblem on its nose isn't the newest Golf GTI or an ID-badged electric model. It's a forward-thinking prototype named Aerodynamic Research Volkswagen (ARVW) developed and built in 1980 in response to the oil shortages that rocked the global economy in the 1970s. Volkswagen initiated the project because it wanted to learn more about aerodynamics and fuel efficiency.





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Coronavirus: Six killed in clashes at Afghanistan food aid protest

Clashes erupt after people complain about a perceived failure to help the poor during the pandemic.





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Agents lament 'grossly shortsighted' approach to 2020 MLB Draft




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World Golf Ranking paused while professional tours take break




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Netherlands manager Koeman undergoes heart procedure




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Koeman fine after heart procedure: 'That was quite a shock'




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Regional Economic Community Action Program, Inc. v. Enlarged City School District of Middletown

(Court of Appeals of New York) - In a tax-exempt charitable organization's action against a school district seeking to recoup erroneously paid taxes, summary judgment in favor of the school district is affirmed, where: 1) the school district was entitled to rely on the one-year statute of limitations in Education Law section 3813(2-b) rather than the general six-year period for contract actions; and 2) the taxpayer's cause of action for money had and received accrued when it paid the taxes, which was more than one year before it filed suit.




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Minorty Television Project, Inc. v. Federal Communications Comm'n

(United States Ninth Circuit) - In a challenge to federal statutory restrictions on certain types of advertising by public broadcast TV stations, the district court's grant of summary judgment to the FCC is: 1) affirmed in part, where 47 U.S.C. section 399b(a)(1), restricting paid advertisements for goods and services on behalf of for-profit corporations, was not an unconstitutional speech restriction under the intermediate scrutiny standard; 2) reversed in part, where sections 399b(a)(2) and (3), restricting public-issue advertisements and political advertisements, were unconstitutional speech restrictions under intermediate scrutiny, as there was no evidence of harm to a substantial governmental interest.




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Am. for Prosperity Found. v. Harris

(United States Ninth Circuit) - In an action brought by two nonprofit organizations challenging the California Attorney General's collection of IRS Form 990 Schedule B forms, containing identifying information for their major donors, under California's Supervision of Trustees and Fundraisers for Charitable Purposes Act, Cal. Gov't Code section 12584, the district court's preliminary injunction for plaintiffs is modified to prohibit making the information public but permit defendant to keep collecting the data for enforcement




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Americans for Prosperity Foundation v. Becerra

(United States Ninth Circuit) - Upheld the constitutionality of California's requirement that charitable organizations must disclose the names and addresses of certain large contributors. Two nonprofit organizations contended that the disclosure requirement infringed their First Amendment right to free association. Disagreeing, the Ninth Circuit concluded that the disclosure requirement survived exacting constitutional scrutiny because it was substantially related to an important state interest in policing charitable fraud. The panel reversed and remanded for entry of judgment in the state's favor.




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G and G Productions LLC v. Rusic

(United States Ninth Circuit) - Reinstated a lawsuit alleging that a woman stole an oil painting worth millions of dollars from her former husband, an Italian film producer. The woman, an Italian citizen, argued that the claims against her were time-barred under California's borrowing statute, because the applicable 10-year Italian statute of limitations would bar those claims in an Italian court; the district court agreed with her. Vacating in part, the Ninth Circuit remanded for further proceedings on the replevin and unjust enrichment claims and on the request for declaratory relief.




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Covertech Fabricating Inc v. TVM Building Products Inc.

(United States Third Circuit) - In a trademark dispute in which no written contract designates ownership, involving the paradigm through which common law ownership of an unregistered trademark is determined when the initial sale of goods bearing the mark is between a manufacturer and its exclusive distributor, the district court's judgment is: 1) affirmed on alternative grounds as to ownership, where the court failed to recognize and apply the rebuttable presumption of manufacturer ownership that pertains where priority of ownership is not otherwise established; 2) affirmed as to fraud and acquiescence; and 3) vacated and remanded on damages under the Lanham Act, where the court incorrectly relied on gross sales unadjusted to reflect sales of infringing products to calculate damages.




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Dan Farr Productions v. San Diego Comic Convention

(United States Ninth Circuit) - Ordering the district court to vacate orders prohibiting the petitioner from expressing their views on litigation or republishing public documents over social media platforms, and requiring them to post a disclaimer prohibiting comment on the litigation because this amounted to prior restraint on their First Amendment rights.




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Moldex-Metric, Inc. v. McKeon Products, Inc.

(United States Ninth Circuit) - Reversing the district court's summary judgment in favor of the defendant in a suit for trademark infringement relating to foam earplugs in a specific bright green color used by the plaintiffs in their earplugs because the district court's conclusion that the green color mark was functional and therefore not protectable as trade dress was in error. The existence or nonexistence of alternative designs is probative of functionality or nonfunctionality and a genuine issue of fact regarding whether the color was functional remained.




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Express Oil Change, L.L.C. v. Mississippi Board of Licensure for Professional Engineers and Surveyors

(United States Fifth Circuit) - Held that the First Amendment's commercial speech protections entitled a company to operate automotive service centers under the name "Tire Engineers," even though a state board that licenses engineers objected to the use of the profession's occupational title. Reversed and rendered summary judgment in favor of the company, in this declaratory judgment action.




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Mission Product Holdings, Inc. v. Tempnology, LLC

(United States Supreme Court) - Held that a bankrupt company's rejection of a trademark licensing agreement did not deprive its licensee of the rights to use the trademark. The U.S. Supreme Court interpreted Section 365 of the Bankruptcy Code, which enables a debtor to reject any executory contract, meaning a contract that neither party has finished performing. Justice Kagan delivered the opinion of the 8-1 Court.




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Barrington Music Products, Inc. v. Music and Arts Center

(United States Seventh Circuit) - Addressed a damages issue in a case where a jury found that a musical instrument retailer infringed another retailer's trademark. Affirmed the denial of the plaintiff's motion amend the judgment.




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Mission Product Holdings, Inc. v. Tempnology, LLC

(United States Supreme Court) - Held that a bankrupt company's rejection of a trademark licensing agreement did not deprive its licensee of the rights to use the trademark. The U.S. Supreme Court interpreted Section 365 of the Bankruptcy Code, which enables a debtor to reject any executory contract, meaning a contract that neither party has finished performing. Justice Kagan delivered the opinion of the 8-1 Court.




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Academic Fashion: A discussion and what I wore this semester as the Professor : femalefashionadvice

#architektura #architekt #dom #design




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Program Integrity Questions and Answers - Credit Hour

This page provides answers to frequently asked questions about Program Integrity issues for the second round of the 2009 negotiated rulemaking activities for higher education. This page provides information on credit hours.




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LawArXiv Papers | Analysis of the NHSX Contact Tracing App ‘Isle of Wight’ Data Protection Impact Assessment

This note examines the published data protection impact assessment (DPIA) released by NHSX in relation to their contact tracing/proximity tracing app. It highlights a range of significant issues which leave the app falling short of data protection legislation. It does this in order so that these issues can be remedied before the next DPIA is published.




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Brooklyn social distancing arrests disproportionately for people of color - Business Insider

RT @IsaacScher__: NEW: Half of all Brooklynites are white, but 97.5% of the borough's social distancing arrests were of people of color.




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Scenario planning as strategic activity: A practice‐orientated approach - Bowman - - FUTURES & FORESIGHT SCIENCE - Wiley Online Library

Feb 2020 article "...Wright, Bradfield, & Cairns (2013) noted a methodological separation of the intuitive logics approach popularized by Royal Dutch Shell (Wack, 1985a, 1985b) from firm‐level strategy concepts like business models (Zott, Amit, & Massa, 2011), competitive positioning (Porter, 1985), and resource capabilities (Barney, 1991)... The weakening of the connection, related to both the use of scenario planning and the research into it, is the historical connection to strategy process research."




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Government Orders Alone Didn’t Close the Economy. They Probably Can’t Reopen It. - The New York Times




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(500) https://www.washingtonpost.com/local/legal-issues/justice-dept-moves-to-void-michael-flynns-conviction-in-muellers-russia-probe/2020/05/07/9bd7885e-679d-11ea-b313-df458622c2cc_story.html

RT @mrbromwich: I have been in and around DOJ since 1983. I have never seen a case dropped after someone has pled guilty and the underlying facts demonstrate beyond any shadow of a doubt he is guilty. This is simply a pardon by another name. A black day in DOJ history.




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New Google Lens features to help you be more productive at home

Google Lens now lets you copy/paste text from handwritten notes to your laptop!




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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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Universal basic income seems to improve employment and well-being | New Scientist

When surveyed, people who received universal basic income instead of regular unemployment benefits reported better financial well-being, mental health and cognitive functioning, as well as higher levels of confidence in the future.




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Universal basic income seems to improve employment and wellbeing | New Scientist

Finland’s two-year test of universal basic income has concluded that it doesn't seem to disincentivise working, and benefits recipients’ mental and financial wellbeing




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Untitled (https://www.propublica.org/article/how-profit-and-incompetence-delayed-n95-masks-while-people-died-at-the-va)

If this lede doesn't get you, I don't know what will. @davidmcswane's latest:




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The Open focused on proceeding as scheduled, exploring contingencies




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GoPro, Inc. v. Contour IP Holding, LLC

(United States Federal Circuit) - Vacated and remanded the Patent Board's prior ruling against plaintiff which had filed suit to challenge the defendant’s proposed patent. In vacating and remanding, the Appellate court ruled that plaintiff’s printed catalog was prior art and that the defendant’s proposed patent could have been based on information in that catalog and that the trial court had not properly considered the catalog in making its finding.




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No support for official walk to school program

MOSMAN Council has abandoned plans for an official walk to school program because of a lack of support from primary schools in the area.




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GoPro, Inc. v. Contour IP Holding, LLC

(United States Federal Circuit) - Vacated and remanded the Patent Board's prior ruling against plaintiff which had filed suit to challenge the defendant’s proposed patent. In vacating and remanding, the Appellate court ruled that plaintiff’s printed catalog was prior art and that the defendant’s proposed patent could have been based on information in that catalog and that the trial court had not properly considered the catalog in making its finding.




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Mission Product Holdings, Inc. v. Tempnology, LLC

(United States Supreme Court) - Held that a bankrupt company's rejection of a trademark licensing agreement did not deprive its licensee of the rights to use the trademark. The U.S. Supreme Court interpreted Section 365 of the Bankruptcy Code, which enables a debtor to reject any executory contract, meaning a contract that neither party has finished performing. Justice Kagan delivered the opinion of the 8-1 Court.




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Barrington Music Products, Inc. v. Music and Arts Center

(United States Seventh Circuit) - Addressed a damages issue in a case where a jury found that a musical instrument retailer infringed another retailer's trademark. Affirmed the denial of the plaintiff's motion amend the judgment.




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Ontario allows pro teams to reopen facilities




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Djokovic, Federer, Nadal propose relief fund for lower-ranked players




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Mitchell v. Lyons Professional Services, Inc.

(United States Second Circuit) - Judgment denying plaintiff's motion to execute a monetary judgment entered, as a sanction for plaintiff's attorney misconduct, is vacated and remanded, where although the district court had more than an adequate basis to sanction plaintiff's counsel and accorded the required procedural safeguards, further findings are needed to support a sanction that falls entirely on the clients rather than principally on the lawyer.




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In the Matter of Jill A. Dunn v. Committee on Professional Standards

(Court of Appeals of New York) - In this case, in an underlying federal action, the Securities and Exchange Commission moved for sanctions against appellant Dunn. The Magistrate Judge granted the motion in part. Respondent Committee of Professional Standards thereafter filed a petition alleging that Dunn had "engaged in fraudulent conduct prejudicial to the administration of justice adversely reflecting on her fitness as a lawyer" in violation of Rules of Professional Conduct 8.4(c), (d), and (h). The basis of the complaint was essentially the text of the Magistrate's sanctions opinion. Judgment of the Appellate Division finding Dunn guilty of the charged misconduct and finding that collateral estoppel applied to the Magistrate's sanctions order is reversed and the matter is remitted, where: 1) while the issue of whether Dunn had made false statements in her written declaration, it was not the focus of the hearing on the underlying motion for sanctions; and 2) the cursory nature of the sanctions proceedings itself failed to provide a full and fair opportunity to litigate the case.




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Attorney's Process & Investigation Servs., Inc. v. Sac & Fox Tribe of the Miss. in Iowa

(United States Eighth Circuit) - In an action by a company which provides security and consulting services to casino operators, seeking a declaratory judgment that an Indian tribal court lacked jurisdiction and an order compelling arbitration, summary judgment for defendant is affirmed in part where the tribal courts could exercise adjudicatory jurisdiction over the tribe's claims against plaintiff for trespass to land, trespass to chattels, and conversion of tribal trade secrets. However, the judgment is reversed in part where the tribal court did not have jurisdiction under the second Montana exception over the tribe's claim for conversion of tribal funds.




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Cypress Semiconductor Corp. v. Maxim Integrated Products, Inc.

(California Court of Appeal) - Award of attorney fees to defendant in an underlying action for misappropriation of trade secret by seeking to hire away plaintiff's employees, is affirmed where: 1) the trial court's findings are free of procedural error; 2) the finding of plaintiff's bad faith is amply supported by evidence that defendants did no more than attempting to recruit the employees of a competitor, which they are entitled to do under California state law; and 3) defendant prevailed when plaintiff dismissed the suit to avoid an adverse determination on the merits.




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Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co.

(United States Supreme Court) - Vacating and remanding the Second Circuit's support of a motion to dismiss a complaint relating to allegations that Chinese sellers of Vitamin C were engaged in price and quantity fixing of exports to the US because although the Ministry of Commerce of the People's Republic of China averred that the alleged price fixing scheme was actually a pricing regime mandated by the Chinese Government the court was not bound to accord conclusive effect to the foreign government's statements. No law or regulation had been cited and a foreign nation's laws must be proven as facts.




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Khrapunov v. Prosyankin

(United States Ninth Circuit) - Vacated and remanded. Plaintiff filed a 28 U.S.C. § 1782 application seeking issuance of a subpoena to Google, Inc. for the disclosure of certain subscriber information to assist him in ongoing litigation in England. The district court granted Plaintiff’s application for the information from Google. Concluded that there was doubt whether 1782 could be used in a foreign proceeding and vacated and remanded for further proceedings in the district court.




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Universal Cable Productions v. Atlantic Specialty Insurance

(United States Ninth Circuit) - In a diversity insurance coverage action, District Court erred in not applying the specialized meaning of terms in an insurance contract, as required by the California Civil Code (here “war” and “warlike action”). Summary judgment in favor of insurer overturned.




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Wood Group Production Services v. DOWCP

(United States Fifth Circuit) - Petition for review denied. A man injured while unloading a vessel on a fixed platform in Louisiana territorial waters met the requirements for coverage under the Longshore and Harbor Workers' Compensation Act.




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Tijerino v. Stetson Desert Project, LLC

(United States Ninth Circuit) - Reversed. The district court dismissed an action brought by exotic dancers for lack of subject matter jurisdiction. Reversing, the panel held the statutory requirement that plaintiffs must be employees as defined in the FLSA is a merits-based determination, not a jurisdictional limitation.



  • Labor & Employment Law