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Guest Commentary: Developing Excellence in Trading through Deep Practice

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Guest Commentary: Developing Excellence in Trading through Deep Practice

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Banks’ ‘Principle’ Trades May Escape Volcker Rule

by The Huffington Post on March 22, 2011

Huffington Post…

For at least one aspect of Goldman Sachs’ operations, it may be business as usual after the Dodd-Frank financial reform bill is implemented. Bank of America analyst Guy Moszkowski, who met with four Goldman executives in Hong Kong on Monday, published a note to investors saying Goldman will continue making “principle investments” — longer-term direct purchases of securities, companies and property assets — under the assumption that the practice is not in violation of the Volcker rule, a provision of the Dodd-Frank bill intended to limit the ability of taxpayer-backed banks to make trades with their own money, Bloomberg reports. The Volcker rule explicitly bans banks from short-term trading of securities on their own behalf, but the restrictions do not seem to apply to princple investments, which are made over longer terms. The principle investment loophole was first noted in November, when the Financial Times reported that American banks had found a way to continue betting their own money through certain types of trades. Volcker himself expressed concern about the practice at the time, the Wall Street Journal reported : Mr. Volcker’s concern, according to several people familiar with the matter, is that narrow or prescriptive rules would invite gamesmanship on the part of banks and could allow firms to evade the rule’s intent. Already, some banks and their lobbyists are seeking to sway regulators and encourage them to narrowly define certain types of trading activities, according to government officials. At a congressional hearing earlier this year, Mr. Volcker said regulators should adopt a Potter Stewart-like approach to determine what runs afoul of the law, referring to the former Supreme Court justice who said of pornography, “I know it when I see it.” Mr. Volcker’s version: “Bankers know what proprietary trading is and is not. Don’t let them tell you any different.” Since the Volcker rule was first proposed, Paul Volcker has been emphatic that his namesake rule be as airtight as possible. But even before financial reform passed, Volker was already “disappointed” by some of the compromises made, as The New Yorker ‘s John Cassidy reported last year. Read the full piece at Bloomberg here for more detail on Goldman’s investment.

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Banks’ ‘Principle’ Trades May Escape Volcker Rule

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Phil Trupp: The Tipster Calls: Do You Take the Money and Run?

February 15, 2011

Your friend who works at ABC Company tells you that the company is about to be acquired for more than it’s worth by XYZ Company, and that the stock price of ABC is likely to double. You trust your friend’s tip because he’s an executive at ABC and he or she is doubling down on the buyout. Question: As a retail investor, what would you do based on your friend’s tip? Do you call your broker and buy up as much ABC as you can afford? Or do you betray your friend, contact the Securities and Exchange Commission and volunteer to be a wire-wearing whistle blower hoping to bag a big, fat reward? Like many Wall Street operators — especially if you’re a hedge fund manager — you have been given inside information, which translates into money and power. But now you’re faced with an ethical dilemma. You read the newspapers and financial blogs and you are well aware of two things: insider trading is illegal, and yet it is an often-used business model with a long and inglorious history. What exactly is insider trading? Basically, it is the practice of buying or selling stock or other assets by corporate officers, other insiders or ordinary investors on the basis of information that is not public and is supposed to remain confidential. Insiders can buy or sell stock based on information they report to the Securities and Exchange Commission, thus making the public aware of the good, bad or perhaps the ugly data on a company’s balance sheet. Reporting this information to the SEC presumably gives the average investor a break, a level playing field upon which to make informed decisions. Fair enough. But if you are a major player or a hedge fund magnet, giving ordinary investors a break isn’t your concern. To pull down those hefty hedge fund fees you need to offer an edge, and that edge often amounts to inside knowledge played close to the chest and out of public view. So if the “whales” of Wall Street constantly are in search of inside tips, despite the legal and ethical pitfalls, why shouldn’t you cash in on your friend’s possibly profitable tip? The February 13 edition of the Washington Post business section features a story by David S. Hilzenrath and Jea Lynn Yang headlined “The federal dragnet on Wall Street’s inside game” which explores the insider trading business model and the government’s all-out push to put a stop to it. Insider trading has grown in recent years, the reporters conclude. But is this a growing epidemic enhanced by digital technology and unique ways of tracing cons? Or has technology merely exposed a practice that has been at work for generations? My experience brings me down on the side of the latter. Wall Street is not the Land of the Fair Deal. Indeed, insider trading is a means of taking advantage of ordinary investors and making a killing in the dark. For example, those insiders privy to special, non-public knowledge can — and often do — sell investors stock that is teetering on the edge of the cliff. The insiders sell you on the upside while betting the farm on the inevitable collapse. For example, hedge fund billionaire John Paulson recently worked with Goldman Sachs to produce a derivative made up of bad mortgage loans. Paulson bet against this so-called Abacus package, knowing in advance that it was built to crash, while Goldman sold it to clients as a bullish move. Paulson made out big-time, as did Goldman, while unsuspecting investors took the fall. The Abacus scam made headlines in the wake of populist outrage directed at the 2008 market meltdown. It was a sexy example of greed and insiders feeding at the public trough. The Street shrugged it off. It was by all accounts business as usual. It now appears that the Obama Administration is determined to crack down on such insider deals. The Department of Justice (DOJ) is focusing on a wide circle of expert network firms which feed inside information to financial management companies, matching various company insiders to stock traders. Wall Street argues there’s nothing wrong with this practice, that it is part of due diligence. The trouble with this argument is that the public isn’t connected to the process and is often enough victimized by it. DOJ is now trolling for insiders willing to wear wires to help build cases against billionaire hedge funds and those who feed them insider information. If there is honor among thieves, DOJ is proving the opposite is true. If stock and bond traders can’t cash in using legal practices, they can always snitch and pick up whistle blower awards granted by regulators that are often equal to, and at times exceed, the bonuses given to top financial executives. So where do you come down on my initial question? Do you call DOJ or do you take your insider tip and run straight to your broker? Critics of insider trading say the “integrity” of the market depends on your answer. Yet these same critics are challenged to find — let alone protect — the integrity they are so eager to preserve.

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CSG|PR Promotes Health PR Specialist, Shannon Fern, to Director of Health & Wellness Practice

February 8, 2011

Award-Winning Practice Designs Innovative and Measurable Traditional and Online PR Solutions for Health-Focused Clients

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Georgia Homeless Shelter Denies Access To Gays, Lesbians

January 18, 2011

A faith-based homeless shelter in Columbus, Ga. is drawing attention this week for closing its doors to gay individuals in need after kicking out two women they suspected were romantically involved. “[Homosexuality] is not tolerated here at all. Let me tell you one reason why: because of the Bible, of course. And then we have little children,” House of Mercy director Bobby Harris told WRBL. The women, who were reportedly fleeing an abusive household with their children, claim that they aren’t actually gay, but Harris appeared to suggest that one of the women had breached protocol by going to “practice their acts,” alluding to homosexuality. Harris said gay people who do not express their sexual orientation are welcome at the House of Mercy. Change.org questions the soundness of the religious reasoning behind this practice of exclusion, and has launched a petition targeting the policy, and Harris, here . WATCH (via WRBL ):

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Venture Capital Firm Versant Ventures Promotes Kirk Nielsen to Managing Director

January 6, 2011

Experienced Healthcare Investor Will Help Expand Versant’s Orange County Medical Device Practice

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Kaplan Sued Over Alleged Job Discrimination

December 21, 2010

Federal authorities on Tuesday filed a lawsuit against Kaplan Higher Education Corp. for allegedly discriminating against black job applicants by screening the credit history of potential employees. The Equal Employment Opportunity Commission says the practice of rejecting job seekers based on their credit history has a discriminatory impact on some racial and ethnic groups. The lawsuit alleges that Kaplan’s practice is not job-related or justified by business necessity. The lawsuit seeks lost wages, benefits and offers of employment for people who were not hired because of the company’s credit history screening procedures. Kaplan spokeswoman Michele Pore said the company has a diverse work force and does not discriminate. She said the company conducts background checks on all potential employees, including checking credit histories of applicants whose duties would include financial matters. The EEOC said it tried to reach a voluntary settlement with Kaplan before filing the lawsuit in federal district court in Cleveland. Kaplan is a unit of Washington Post Co.

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LEWIS PR Appoints Adam Singer as Social Media Practice Director

November 16, 2010

Founder of The Future Buzz Blog to Drive Social Media Best Practice and Leadership

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Former SIGTARP Deputy Special Inspector General Joins Sheppard Mullin’s White Collar Defense Team

September 7, 2010

Latest New York Partner Kevin Puvalowski Joins Firm’s Business Trial Practice Group

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Richard B. Beach Named Sediment Management Practice Leader at MACTEC

September 2, 2010

PHILADELPHIA, PA–(Marketwire – September 2, 2010) –  Richard B. Beach has been appointed Sediment Management Practice Leader at MACTEC. Allen Kibler, President of MACTEC Engineering and Consulting, Inc., ( www.mactec.com ), made the announcement. Beach is based in the company’s Philadelphia office.

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Bill Nellen Joins Alliant Insurance Services as EVP to Direct Company’s National Environmental Practice

August 17, 2010

Based in Alpharetta, GA, Nellen Will Focus on Expanding Environmental Practice as Well as Servicing Corporate Risk and Energy and Marine Accounts

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Bill Nellen Joins Alliant Insurance Services as EVP to Direct Company’s National Environmental Practice

August 17, 2010

Based in Alpharetta, GA, Nellen Will Focus on Expanding Environmental Practice as Well as Servicing Corporate Risk and Energy and Marine Accounts

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Bill Nellen Joins Alliant Insurance Services as EVP to Direct Company’s National Environmental Practice

August 17, 2010

Based in Alpharetta, GA, Nellen Will Focus on Expanding Environmental Practice as Well as Servicing Corporate Risk and Energy and Marine Accounts

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Video: Shelby Discusses Review Into Soldiers’ Death Benefits: Video

August 16, 2010

Aug. 16 (Bloomberg) — U.S. Senator Richard Shelby, a Republican from Alabama and ranking member on the Senate Banking Committee, talks about his request for the panel to review insurers’ profits from the practice of retaining soldiers’ death benefits rather than making lump-sum payments to survivors. He speaks with Margaret Brennan on Bloomberg Television’s “InBusiness.” (This is an excerpt of the full interview. Source: Bloomberg)

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Randy Whattoff: Rachael Ray Lasers Delayed Indefinitely: An Update on the State of Cybersquatting

July 13, 2010

It looks like we’re all going to have to wait a little while longer to purchase our Rachael Ray lasers. At the very least, we’re not going to be able to order them online any time soon. Cybersquatting is a practice as old as the Internet. It generally involves one party, the squatter, using the trademark or personal name of a well-known brand or person to register a website domain name. The squatter seeks to profit from the domain name by either ransoming the domain to the rightful owner or by exploiting individuals who inadvertently wind up at the fake website. There are a few variations of cybersquatting, one of the most common of which is typosquatting. A typosquatter registers the misspelled trademark or personal name of a well-known brand or person. Then, when a careless web surfer types the misspelled name into their browser he or she is directed to the typosquatter’s website (which invariably contains an advertisement or malware). Ultimately cybersquatting is a form of trademark infringement or trademark dilution, and there are a number of ways that trademark owners deal with cybersquatters. In 1999, Congress passed the Anticybersquatting Consumer Protection Act which established a new cause of action designed to address this practice. “A person shall be liable in a civil action by the owner of a mark, including a personal name which is protected as a mark under this section, if, without regard to the goods or services of the parties, that person…” The problem with using the Act against cybersquatters is the Act requires the injured party to initiate a lawsuit in federal court, which is never a cheap process. Using the federal courts to protect domain names is especially problematic because most squatters are “judgment proof,” a term used to describe defendants who simply do not have the money or assets to pay a judgment entered against them. In other words, even if you win your case against the squatter, you might not be able to collect any damages. Another big problem with cybersquatter lawsuits is that the squatters are often located abroad. In order to avoid some of these problems, ICANN, the entity responsible for managing domain names, has established the Uniform Domain Name Resolution Policy or “UDNRP.” The UNDRP is a non-binding arbitration process that allows trademark holders to resolve domain disputes much more cheaply than prosecuting a federal lawsuit. The UDNRP generally requires the trademark holder to show that the squatter’s domain (a) is confusingly similar to the holder’s trademark; (2) is controlled by a third-party; and (c) is being used in bad faith. What does any of this have to do with Rachael Ray? Ms. Ray recently instituted an UDNRP arbitration proceeding against an Indian company that had registered www.rachelray.com (note the missing “a”). Ms. Ray contended that the disputed domain was being used to, “redirect customers to a website that offers ‘Rachael Ray’ cookware and… attempts ultimately to obtain personal contact information about Internet users undoubtedly looking for the [Ms. Ray's] website.” The arbitration panel issued its decision a few days ago, and it is noteworthy because of the convoluted defense advanced by the squatter. The company claimed that it selected the name “Rachel Ray” for its business “because the daughter of the technical partner of the original firm was named ‘Rachel,’” and because the business manufactured laser rays. The company would have used the name “Rachel Lazer,” it claimed, but “for reasons related to the practice of numerology, there was a decision to switch to ‘Rachel Ray.’” The arbitration panel quickly dismissed this explanation, noting that the squatter could not show any evidence that it ever manufactured or sold lasers. “[T]he Panel discerns an obvious omission in Respondent’s business presentation: there is no reference to sales volume or revenue in connection with its products. The Respondent presents to the Panel only a paper facade of activity.”

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David Isom and Richard Santalesa Join Information Law Technology Boutique InfoLawGroup

June 15, 2010

LOS ANGELES, CA–(Marketwire – June 15, 2010) – InfoLawGroup LLP announced today that David K. Isom and Richard L. Santalesa have joined the firm as Senior Counsel. Isom, an e-discovery authority and 30-year trial lawyer, was formerly co-chair of Greenberg Traurig’s Electronic Discovery Practice Group. Santalesa, based in New York City and Fairfield, Connecticut, has had a career of representing clients in electronic commerce and Internet and privacy issues and other commercial arrangements involving intellectual property and technology-savvy companies. 

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Chris Houpis Joins Aberdeen Group

June 8, 2010

Proven Marketing and Sales Leader to Head Aberdeen’s Marketing Effectiveness Practice

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SmithGroup Names William Diefenbach, FAIA, LEED AP, Office Director in San Francisco

April 28, 2010

James Hannon to Focus Full-Time on Firm’s National Health Practice

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Intrepidus Group Appoints Internationally Recognized Computer Forensics and Investigations Expert Jim Hansen as VP of Sales

April 27, 2010

Mandiant Co-Founder to Lead Sales for Intrepidus Group’s Security Consulting Practice and PhishMe Software Solutions

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Video: N.J. Flips Buy America Bonds as IRS Scrutinizes Market: Video

April 16, 2010

April 16 (Bloomberg) — Bloomberg’s Gigi Stone reports on New Jersey’s ability to turn a profit by purchasing Build America Bonds and then selling them in as little as five days. The Internal Revenue Service is reviewing the practice of flipping the taxable debt issued by municipalities because the U.S. Treasury subsidizes 35 percent of Build America costs. (Source: Bloomberg)

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House Republicans Eschew Election-Year Earmarks in Bid to Outdo Democrats

March 11, 2010

By Brian Faler March 11 (Bloomberg) — House Republicans announced they will not request any so-called earmarks in an election-year attempt to outdo Democrats in clamping down on the practice of adding money for pet projects to legislation. Republicans agreed to a moratorium in a closed-door meeting today, said Representative Jerry Lewis of California, the top Republican on the Appropriations Committee. Yesterday, House Democrats said they wouldn’t fund earmarks for defense contractors, energy firms and other companies. Critics say earmarks for companies amount to no-bid contracts for groups that contribute to lawmakers’ re-election campaigns. Both parties are attempting to turn what has been bipartisan support for the earmarking process into a partisan issue they can take to voters, who polls show are concerned about rising federal spending and deficits. Republican leaders issued a joint statement yesterday urging their colleagues to give up projects they called “a symbol of broken Washington.” Lewis, a prominent defender of the earmarking practice, told reporters earlier today he was supporting the moratorium because “you guys paint the picture one way — we’ve got to be responsive.” To contact the reporter on this story: Brian Faler  in Washington at   or bfaler@bloomberg.net .

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Ryan Mack: Credit Card Companies Like Making Money! (DUH!)

February 23, 2010

It is a good day for consumers as important components of the “CARD” legislation have gone into effect. As of today, February 22nd, all credit card companies must do the following: Keep all due dates the same on your credit card : Now you can better plan for your credit card payments each month without fear of being late because they have arbitrarily changed the grace period. Provide you 45 days notice before they raise rates : While there are no limits as to how high the rates can go and they can still jack up your interest rates, at least you now have much more time to prepare for these rate increases. Younger adults under the age of 21 will find it much harder to obtain a credit card : I used to have a portion of my workshop for college freshmen that cautioned them against credit card companies that solicited their business… that practice will severely be limited because of this age restriction. No more double cycle billing : Card companies used to be able to charge interest on a debt that had already been paid in a previous month. As wrong as this practice was it was legal… not anymore. No more over limit fee transactions unless previously approved : If you have a500 limit and charged505 there used to be a fee for going over your limit. You must now give consent to make this possible and issuers cannot charge more than one of these fees per billing cycle. No more paying to pay: This is huge because the credit card companies took advantage of the ease of which you can pay your debt if you use the internet or phone to pay your debt. It never made sense to me to have to pay a fee just to pay my debt… this practice is now over. Longer notice: Companies were required to send statements 14 days in advance; they are now required to send statements 21 days before a payment is due. That being said, I want to reveal a piece of groundbreaking news to you that might floor you so make sure that you are sitting down before you read this next statement. The news is: Credit card companies like to make money! Did I shock you? Of course I am being facetious but the bottom line is peoples always seem to be shocked when they find out that credit card companies are lobbying, bending rules, and manipulating as many people as possible to increase their bottom line. These rules still leave a lot of loopholes that you can be sure the credit card companies will try to exploit. They are not in the business of making payments easy for you, but to make as much money as possible. Therefore, these rules do not negate the need for personal responsibility. It is preposterous that people have items piling up in their garage collecting dust that they don’t use but they are still paying for on their credit cards! If it is not an emergency (no a new video game system for a crying child who feels he deserves it is not an emergency) or you are not using the card to establish credit history (i.e. making payments at the grocery store with a credit card and paying it off within the week to establish a good history of timely payments) then DO NOT use your credit card. An individual who uses a credit card will spend 35% more at the time of purchase. The average purchase costs 112% more when using a credit card verses using cash after you factor the interest rates and other fees. The credit card companies, who could give a darn about your personal financial situation, are steadily trying to find ways to get into your pocket… let’s not make it easy for them and start planning and using credit cards wisely.

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Greg Yates Joins Seyfarth Shaw’s Litigation Department in the New York Office

February 19, 2010

including workouts, restructurings, and bankruptcy. A key focus of his practice is advising clients on creative solutions to distressed commercial real estate transactions and, where necessary, litigation relating to those transactions. Additionally, he

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Gloria Reuben: JPMorgan Chase Profits from Destruction in Appalachia

January 8, 2010

Remember the bank bailouts? The billions of tax dollars that went to those behemoth institutions? Jamie Dimon, Chairman and CEO of JPMorgan Chase, said recently that his investment bank may have had its “finest year ever.” What he didn’t highlight was that JPMorgan Chase’s success is based, in part, on being the largest underwriter of coal companies that engage in mountaintop removal coal mining. JPMorgan Chase has been funding six of the top eight coal mining companies responsible for mountaintop removal coal mining in the United States. Recently, its investment bank underwrote more than $1 billion in new financing to Massey Energy, the largest mountaintop removal coal mining company. JPMorgan Chase states that its “environmental goal is to make a positive contribution to sustainable business practices by integrating environmental practices into our business model.” Yet, Massey Energy has a deplorable environmental record, having violated the Clean Water Act no fewer than 4,500 times – resulting in a $30 million fine in 2008. Employed throughout Appalachia — especially in West Virginia and Kentucky, but also in Ohio, Pennsylvania, Tennessee, and Virginia — mountaintop removal mining is an especially destructive method of extracting coal that has had far-reaching environmental and societal effects. Targeted areas of trees are cleared — a process that itself has led to the leveling of over one million acres of hardwood forest between 1992 and 2002 — and then mountaintops are blasted apart in order to expose underlying coal seams for extraction. In the past two decades alone, mountaintop removal coal mining has destroyed roughly 470 mountains in the region. The debris from these blasts is dumped into surrounding valleys, destroying what were once serene and lush hollows. Or it’s dumped into local rivers and streams, literally burying 1,200 miles of waterways. Twelve hundred miles of waterways! Buried! The toxins and heavy metals from this debris flow freely into the drinking water of those who live there. Communities are decimated, as poverty has driven families out, leaving ghost towns where there used to be thriving homes, schools and businesses. Many who refuse to leave, because their families have been there for generations — or who are stuck in the vicious cycle of accepting very little, because they’ve been left with nothing – lead lives that are filled with high rates of cancer, asthma and other life-threatening illnesses. And they are witness to friends and loved ones who succumb to premature death. It’s a living nightmare. And I’ve seen it firsthand. I’ve seen a lunar landscape, where there used to be glorious and majestic mountains. I’ve seen a two-billion-gallon, unlined, coal slurry pond, filled to the brim. Who knows how much arsenic, selenium, lead, and mercury, have seeped into the groundwater from that one “pond” alone? I’ve spoken with people in a community who are hanging on by a thread, physically, emotionally and spiritually. They feel as though they are the forgotten ones. They can’t understand how this can be happening in this country. Their eyes reflect countless years of hardship and loss of hope. Fortunately, opposition to mountaintop removal coal mining is gaining momentum. Aware of the ethical issues involved in aiding such irresponsible business practices, Wells Fargo and Bank of America have ended their client relationships with Massey Energy. In September, the U.S. Environmental Protection Agency halted 79 permits for further environmental review. In October, USA Today, citing the destruction of areas “roughly the size of Delaware,” called for the Obama Administration to “block the worst of them and change regulations to make the permitting process much stricter.” Other prominent newspapers have recently called for the practice to end, including newspapers in the Appalachian region: In June, the Louisville Courier-Journal wrote: “Mountaintop removal is a violent attack on the Appalachian landscape… The Appalachian mountain chains are one of our region’s, and indeed our country’s, greatest resources. Mr. Obama should make clear that he won’t stand for their continued destruction.” In August, the Chattanooga Times Free Press wrote: “Among the most destructive environmental abuses in this nation, the most deliberate, unconscionable and widespread has to be the form of coal-mining known as ‘mountain-top removal’ mining. Indeed, ‘mining’ is hardly the word for this premeditated, callously calculated, man-made catastrophe. … It should be banned as soon as possible.” In October, even The Economist weighed in from London, saying the following about the use of mountaintop removal mining to extract carbon-emitting coal: “… the underlying question is why America allows this practice at all. . . . When a coal company blows the top off a mountain in West Virginia, it’s destroying the environment in order to destroy the environment.” It’s time for JPMorgan Chase to get the message. It’s time for them to stop funding this monstrous behavior. Gloria Reuben is an actress nominated for multiple Emmy Awards, is Vice Chair of the Board of Trustees of Waterkeeper Alliance, the global environmental organization ( www.waterkeeper.org ).

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Auto Leasing Returns as Production Cuts Spur Record Values for Used Cars

November 13, 2009

By Keith Naughton Nov. 13 (Bloomberg) — Auto leasing, once a cheap way to drive an expensive car, is making a comeback. General Motors Co. and Chrysler Group LLC resumed offering leases to buyers in August and September through their shared financing arm, GMAC Financial Services, after halting the practice as car demand fell in 2008. Ford Motor Co. plans more leasing promotions this year, while Toyota Motor Corp. makes it part of a $1 billion fourth-quarter marketing push. Automakers and finance companies are returning to leasing as it becomes profitable. U.S. used-car prices surged to a record this year as fewer vehicles were traded in at dealerships, letting automakers get better prices for models turned in when leases end. The return of leasing may boost new- car sales after demand fell to an almost three-decade low. “Leasing is coming back,” Jeremy Anwyl , chief executive officer of researcher Edmunds.com of Santa Monica, California, said in an interview yesterday. He predicts the practice will soon account for 20 percent of U.S. auto sales, more than doubling from the first half of 2009. Increased used-car values are “making leasing more attractive,” he said. Higher resale values let automakers offer lower monthly lease payments without taking a loss when they have to sell the car. Ford, which has whittled its lease business to about 5 percent of sales this year from 17 percent in 2007, considers more used-car demand a harbinger of returning sales. Ford, Cadillac Benefit “Leasing is really a critical piece of the business because people who lease have much higher loyalty to your brand,” Jim Farley , Ford’s group vice president of marketing, said in an interview. “This is something the dealers have been asking for for a long time.” The biggest beneficiaries may include luxury brands such as GM’s Cadillac, which generated as much as half its sales from leases before stopping the practice for a year in August 2008. Cadillac sales have fallen 39 percent this year, outpacing a 25 percent slide for the industry, according to researcher Autodata Corp. of Woodcliff Lake, New Jersey. GM resumed leasing for all brands in August and Cadillac had its best month this year in September, with sales down 8.8 percent as the industry slid 23 percent. Cadillac sales fell 22 percent in October, mostly from a 30 percent drop in sales in its CTS sedan model, said Susan Docherty , GM’s U.S. sales chief. “As we get our feet and toes back into leasing, we’ll see the CTS number improve,” Docherty said on a Nov. 3 conference call discussing sales. Luring Buyers Leasing made the difference for insurance salesman Richard Birns. He chose a dark gray, 2010 Cadillac SRX Sept. 26 with a pop-up navigation screen, because of the $673 monthly payment. GM’s offer included a $1,000 rebate on the car with a sticker price of $42,000. “I can get a more expensive car for less money,” said Birns, of Jericho, New York, who previously leased an Audi T7. “I don’t have to worry about getting killed on the trade-in in three years.” Bayerische Motoren Werke AG’s BMW is offering a $349 lease payment for 36 months on the 328i sedan, plus a $1,500 cash rebate. The car’s starting price is $32,850. “One thing that tends to draw showroom traffic is a low lease payment because we can all relate to that,” said Jack Pitney , vice president of marketing for North America at Munich- based BMW. The higher used-car values let finance companies offer lower monthly payments, attracting more buyers, said James Clark, general manager of Automotive Lease Guide, which sets used-car values that serve as an industry benchmark. Record Resale Value Used-car values soared this year as the supply of those vehicles fell because owners held onto cars longer. The Manheim Used Vehicle Value Index rose to its highest level in September since it began tracking that data in 1995. While the index slipped last month, it’s still 13 percent higher than October 2008. The used-car supply will fall 34 percent by 2013 from 2008, Automotive Lease Guide projects. That’s a reversal from December, when used-car values plunged after years of loose leasing practices created a glut, Clark said. As higher gasoline prices reduced demand for SUVs in 2007 and 2008, automakers discounted leases to stoke sales instead of cutting production. Automakers had to sell vehicles returned when leases ended at a loss in used-car auctions. The practices contributed to record losses at Ford in 2008 and GM in 2007, leaving automakers cautious. Leasing will fall to about 15 percent of U.S. auto sales in the fourth quarter, down from 22 percent in 2008’s first quarter, said auto analyst Jeff Schuster , a Detroit-based researcher for J.D. Power & Associates. “This is not the time to jump into the deep end,” said George Pipas , Dearborn, Michigan-based Ford’s sales analyst. “I describe it as jumping into the shallow end.” To contact the reporter on this story: Keith Naughton in Southfield, Michigan at Knaughton3@bloomberg.net

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Litigation Partner Rob Friedman Joins Sheppard Mullin New York

November 4, 2009

NEW YORK, NY–(Marketwire – November 4, 2009) – Robert S. Friedman has joined the New York office of Sheppard, Mullin, Richter & Hampton LLP as a partner in the firm’s Business Trial practice group and will serve as head of the firm’s litigation practice in New York. Friedman was a partner at Kelley Drye & Warren LLP in New York. Friedman focuses his practice on commercial litigation matters with particular expertise in the areas of securities litigation, internal investigations, bankruptcy litigation, trade secrets and intellectual property. Prior to private practice, Friedman was a senior trial attorney in the Homicide Bureau of the King’s County, N.Y., District Attorney’s Office, where he tried sixteen murder cases to verdict.

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Choosing the right path

October 18, 2009

published at the end of the first quarter. In addition, Gardner said pension schemes would be addressing their fund managers performances, as in 2008 many funds experienced a sharp divergence from their performance benchmarks. Hewitts Practice principal

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Choosing the right path

October 18, 2009

published at the end of the first quarter. In addition, Gardner said pension schemes would be addressing their fund managers performances, as in 2008 many funds experienced a sharp divergence from their performance benchmarks. Hewitts Practice principal

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Kelly Nueske Joins Sinaiko Healthcare Consulting as Director of Risk Management Services

October 12, 2009

Veteran in Healthcare Risk Management and Internal Audit to Head up Firm’s New Enterprise Risk Management Consulting Practice

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ALM's Real Estate Media Group Launches Distressed Assets Investor …

October 1, 2009

Read more: ALM’s Real Estate Media Group Launches Distressed Assets Investor, New Digital Publication for Growing Commercial Real Estate Practice Area. Institutional Partners News Search – InstitutionalPartners.com.

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Christian Science Monitor Traces The History Of Lobbying

September 29, 2009

The Christian Science Monitor examines the history of lobbyists wielding influence over policy in Washington. The report , which is part of a series that takes an in-depth look at the profession — and art — of lobbying, discusses the passage of the 1946 Federal Regulation of Lobbying Act and progressive-era attempts at reforming the practice. From the Monitor : “Congress has always had, and always will have, lobbyists and lobbying,” said Sen. Robert Byrd (D) of West Virginia in a 1987 floor speech. “We could not adequately consider our workload without them…. At the same time, the history of the institution demonstrates the need for eternal vigilance to ensure that lobbyists do not abuse their role.”

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Dan Geldon: Don’t Believe the Hype! Credit Card Sharks Still Hate the Taste of Plain Vanilla

September 28, 2009

On Sept. 16, Bank of America joined an industry trend in announcing a new credit card that will have a one-page explanation of terms and conditions. Bank of America intends this new card to cater to consumer demand for simpler and more transparent credit products. At the same time, Bank of America has joined industry efforts to pour millions of dollars into lobbying Congress to kill the Consumer Financial Protection Agency — an agency that’s main mission would be to promote the use of simpler, clearer consumer credit contracts that people can actually read and compare (so-called “plain vanilla”). If you’re paying attention, you’re probably asking: huh? Let’s take a step back. Today, the market for consumer financial products is broken. Lenders compete over a few basic terms that consumers can compare — like the nominal interest rate — but they bury tricks and traps that consumers can’t compare in the fine print. This leads to a market that rewards the innovation of tricks and traps but doesn’t reward better features or lower costs. At the same time, the market encourages borrowers to over-consume through teaser rates or the functional equivalent of teaser rates (i.e. the tricks and traps), and it produces too much risk in the financial system. You may remember that extra risk as the main contributing factor to global financial meltdown and your dwindling 401k. The concept behind plain vanilla products is that it’s time to make banking simple again. Instead of allowing lenders to bury incomprehensible terms in paragraph after paragraph of legalese, plain vanilla means shorter, readable contracts. In a plain vanilla world, lenders would have to make the costs and risks of products clear upfront — and they would no longer be rewarded by the market for tricking and trapping their customers. While the apparent cost of credit may go up – remember, the tricks and traps would be gone so the number on the front of the envelope is real- plain vanilla will force competition around lower costs and friendly terms. This idea seems pretty simple — after all, not a lot of people oppose shorter contracts (even the American Enterprise Institute has designed a one-page mortgage ). And so the Obama Administration designed the CFPA to promote the use of plain vanilla products. The CFPA would safe harbor simple, comprehensible contracts but take a closer look at longer, incomprehensible ones. The idea? While we should expect personal responsibility when terms are transparent, regulators ought to take a closer look at opaque and indecipherable agreements. A few months ago, it seemed liked the industry had a hate-hate relationship with this simple idea. Industry groups alleged that plain vanilla is a fancy term for the government “choosing” products for customers. (Actually, plain vanilla would enable real consumer choice by reducing obfuscation.) They alleged that plain vanilla would destroy innovation. (Actually, plain vanilla would enable innovation around lower costs and friendly practices rather than around tricks and traps.) They alleged that plain vanilla would mean that customers would be thwarted from selecting more complex products that better fit their needs. (Actually, plain vanilla would still allow any product that can be explained in comprehensible ways, as well as products that can’t so long as they aren’t dangerous and abusive.) Today, it seems like the industry has a love-hate relationship with plain vanilla. It loves plain vanilla in that it is apparently embracing it, at least if you look at their marketing campaigns — that is, their marketing campaigns for plain vanilla products, not their marketing campaigns against plain vanilla products. (With all these marketing campaigns, it’s no wonder the $700 billion bailout hasn’t been paid back yet.) So, let’s jump back to the beginning: Huh? If you haven’t guessed it yet, there’s a pretty straightforward , two-part explanation for what’s really going on here. The first part is that the industry doesn’t love plain vanilla. In fact, they view it as a threat to monopoly-sized profits that are possible only in opaque, uncompetitive markets. The second part is that they’re lying. They’re pretending they love plain vanilla so that the perceived need for Congressional action fizzles, so that CFPA slowly fades away, and so that the public feels safe and protected by a working marketplace (consumer choice won in the end, we’ll all think!). And then the banks can scrap the whole idea of plain vanilla once and for all – or, at least until the next crisis. So by appearing to love plain vanilla, the banks are, paradoxically, seeking to kill plain vanilla. If you think this sounds far-fetched, just look to the industry’s history of appearing to embrace change under congressional scrutiny but returning to bad habits when the lights go dim and the cameras go off. The best example happened in 2007, when Citigroup pledged to eliminate “universal default” from its credit card contracts. Less than a year later, the company picked the practice back up again. The Fed and Congress ultimately acted to prohibit this practice, but the tactics of the industry succeeded in kicking the can down the road. If you’re like me, you’re wondering how such a simple idea for simpler products has turned out to be so complicated. Well, there’s a straightforward answer for that too: the financial industry has the world’s best innovators at making simple things seem complicated. If you don’t believe me, just look at your 30-page credit card contract. Cross-posted from New Deal 2.0.

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Dan Geldon: Don’t Believe the Hype! Credit Card Sharks Still Hate the Taste of Plain Vanilla

September 28, 2009

On Sept. 16, Bank of America joined an industry trend in announcing a new credit card that will have a one-page explanation of terms and conditions. Bank of America intends this new card to cater to consumer demand for simpler and more transparent credit products. At the same time, Bank of America has joined industry efforts to pour millions of dollars into lobbying Congress to kill the Consumer Financial Protection Agency — an agency that’s main mission would be to promote the use of simpler, clearer consumer credit contracts that people can actually read and compare (so-called “plain vanilla”). If you’re paying attention, you’re probably asking: huh? Let’s take a step back. Today, the market for consumer financial products is broken. Lenders compete over a few basic terms that consumers can compare — like the nominal interest rate — but they bury tricks and traps that consumers can’t compare in the fine print. This leads to a market that rewards the innovation of tricks and traps but doesn’t reward better features or lower costs. At the same time, the market encourages borrowers to over-consume through teaser rates or the functional equivalent of teaser rates (i.e. the tricks and traps), and it produces too much risk in the financial system. You may remember that extra risk as the main contributing factor to global financial meltdown and your dwindling 401k. The concept behind plain vanilla products is that it’s time to make banking simple again. Instead of allowing lenders to bury incomprehensible terms in paragraph after paragraph of legalese, plain vanilla means shorter, readable contracts. In a plain vanilla world, lenders would have to make the costs and risks of products clear upfront — and they would no longer be rewarded by the market for tricking and trapping their customers. While the apparent cost of credit may go up – remember, the tricks and traps would be gone so the number on the front of the envelope is real- plain vanilla will force competition around lower costs and friendly terms. This idea seems pretty simple — after all, not a lot of people oppose shorter contracts (even the American Enterprise Institute has designed a one-page mortgage ). And so the Obama Administration designed the CFPA to promote the use of plain vanilla products. The CFPA would safe harbor simple, comprehensible contracts but take a closer look at longer, incomprehensible ones. The idea? While we should expect personal responsibility when terms are transparent, regulators ought to take a closer look at opaque and indecipherable agreements. A few months ago, it seemed liked the industry had a hate-hate relationship with this simple idea. Industry groups alleged that plain vanilla is a fancy term for the government “choosing” products for customers. (Actually, plain vanilla would enable real consumer choice by reducing obfuscation.) They alleged that plain vanilla would destroy innovation. (Actually, plain vanilla would enable innovation around lower costs and friendly practices rather than around tricks and traps.) They alleged that plain vanilla would mean that customers would be thwarted from selecting more complex products that better fit their needs. (Actually, plain vanilla would still allow any product that can be explained in comprehensible ways, as well as products that can’t so long as they aren’t dangerous and abusive.) Today, it seems like the industry has a love-hate relationship with plain vanilla. It loves plain vanilla in that it is apparently embracing it, at least if you look at their marketing campaigns — that is, their marketing campaigns for plain vanilla products, not their marketing campaigns against plain vanilla products. (With all these marketing campaigns, it’s no wonder the $700 billion bailout hasn’t been paid back yet.) So, let’s jump back to the beginning: Huh? If you haven’t guessed it yet, there’s a pretty straightforward , two-part explanation for what’s really going on here. The first part is that the industry doesn’t love plain vanilla. In fact, they view it as a threat to monopoly-sized profits that are possible only in opaque, uncompetitive markets. The second part is that they’re lying. They’re pretending they love plain vanilla so that the perceived need for Congressional action fizzles, so that CFPA slowly fades away, and so that the public feels safe and protected by a working marketplace (consumer choice won in the end, we’ll all think!). And then the banks can scrap the whole idea of plain vanilla once and for all – or, at least until the next crisis. So by appearing to love plain vanilla, the banks are, paradoxically, seeking to kill plain vanilla. If you think this sounds far-fetched, just look to the industry’s history of appearing to embrace change under congressional scrutiny but returning to bad habits when the lights go dim and the cameras go off. The best example happened in 2007, when Citigroup pledged to eliminate “universal default” from its credit card contracts. Less than a year later, the company picked the practice back up again. The Fed and Congress ultimately acted to prohibit this practice, but the tactics of the industry succeeded in kicking the can down the road. If you’re like me, you’re wondering how such a simple idea for simpler products has turned out to be so complicated. Well, there’s a straightforward answer for that too: the financial industry has the world’s best innovators at making simple things seem complicated. If you don’t believe me, just look at your 30-page credit card contract. Cross-posted from New Deal 2.0.

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Wells Fargo Sued By Illinois For Discriminatory Lending

July 31, 2009

CHICAGO (AP) — The state of Illinois is suing one of the nation’s largest mortgage lenders for allegedly discriminating against black and Latino homeowners. Attorney General Lisa Madigan filed the lawsuit against Wells Fargo Friday in Cook County Circuit Court.

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Schumer Tells SEC to Ban `Flash Orders’ Used by High-Speed Stock Traders

July 24, 2009

By Edgar Ortega and Eric Martin July 25 (Bloomberg) — Charles Schumer , the third-ranking Democrat in the U.S. Senate, asked the Securities and Exchange Commission to ban so-called flash orders for stocks, saying they give high-speed traders an unfair advantage

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House Votes to Strengthen Anti-Deficit Budget Rules as Sought by Obama

July 22, 2009

By Brian Faler July 22 (Bloomberg) — The U.S. House voted to toughen its often-ignored budget rules that require lawmakers to offset any new spending initiatives and tax cuts with savings to avoid adding to the federal deficit.

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