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GBP/JPY: This market could be in the process of establishing a major base following the September break to record lows. However, the latest round of setbacks will need to hold above 119.00 (key …

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GBP/JPY Classical Technical Report 01.09

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NZD/USD: Any rallies are classified as corrective and we continue to see this market in the process of carving out a major longer-term top. From here, we look for the formation of the next major …

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NZD/USD Classical Technical Report 01.09

Find our Weekly Commercial Real Estate, Private Equity and Fund Newsletters at www.WeeklyBrief.net

Video: Atala Discusses Human Organ, Tissue Engineering: Innovators

June 3, 2011

June 3 (Bloomberg) — Dr. Anthony Atala, director of the Wake Forest Institute for Regenerative Medicine, discusses the process of making laboratory-grown organs to be implanted into humans. Emily Chang reports on engineering human organs on Bloomberg Television’s “Bloomberg West.” Bloomberg’s Julie Hyman also speaks. (Source: Bloomberg)

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Exco Resources Limited (ASX:EXS) Update On Sale Process Of The Cloncurry Copper Project To Xstrata (LON:XTA)

June 3, 2011

Exco Resources Limited (ASX:EXS) Update On Sale Process Of The Cloncurry Copper Project To Xstrata (LON:XTA)

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Don Tapscott: The Need to Reinvent Venture Capital

May 10, 2011

The good news about Schumpeter’s creative destruction is that, thanks to the Internet and digital tools, it has never been easier to start a company. One study found that the availability of open source software, cloud computing, and the rise of virtual office infrastructure has driven the cost of launching an internet venture down from $5,000,000 in 1997, to $500,000 in 2002, to only $50,000 in 2008. According to Austan Goolsbee, Chairman of the Council of Economic Advisers, in the past 13 years, start-ups created more than 40 million jobs. One study revealed that over the last 30 years nearly all net job creation in the United States occurred in firms less than five years old. So today’s lower start-up costs should mean lots of new companies leading to lots of new jobs. But that’s not happening. The traditional venture capital system is choking on the sudden ease with which companies can be founded. It actually makes it harder for start-ups to find the money and also the attention they need. That’s because more companies receiving investment means more companies to supervise and more demands on the investor’s attention. After all, VCs usually add a lot more than just money. They also provide a supportive environment, make introductions, assist with strategic sales, help recruit top talent, and find customers. But what happens if you run a $1 billion fund and the companies knocking on your door only want seed funding of $50,000? After all, $1 billion invested $50,000 at a time, would result in 20,000 deals to manage. “The problem,” according to a 2009 report by North Venture Partners, “isn’t the number of opportunities investors are presented with, but it is rather the lack of an efficient means of filtering the options.” Throughput, not supply, argues the report, is placing unnecessary constraints on today’s innovation system. “How do investors find, filter and fund the most promising new opportunities in a deep ocean of possibilities? The truth is they can’t,” the report concludes. So venture funds are trying to move upstream, looking to do seed deals with $40 million plus. But a handful of new companies are exploring a different option. Sean Wise, a management professor and venture capitalist, leads one of a growing number of outfits determined to prove that a form of community-powered venture capital can both filter the global wealth of opportunities and channel more intellectual horsepower into making each investment successful. His new venture fund, called VenCorps, uses mass collaboration at every stage of the process. Just as Wikipedia crowdsourced the publication of expert articles, or Threadless works with customers to design t-shirts, VenCorps is leveraging collaboration. He’s deploying the power of mass collaboration not just to the process of choosing which start-ups to fund, but to help grow those start-up ventures after the investment is made. “For Venture Capital 2.0 to succeed” says Wise, “there will need to be exponentially more people involved.” The money being invested by VenCorps in small companies comes from their own fund, but the choice of where to invest it belongs to the VenCorps’ community. Founders from around the world log on and register their start-up at www.VenCorps.com . There, they can upload a video elevator pitch, share some biographic details and/or post an executive summary. The community at VenCorps (made up of thousands of entrepreneurs, scholars, scientists, angel investors, service providers and government officials) then reviews and ranks each entry using a five-criteria weighted scorecard. During a challenge the top nine start-ups (as determined by the community) go on to the next round, where they can win an investment, typically $50,000. That may not sound like a lot in typical VC-terms, but it’s enough to kick-start a small enterprise as some of VenCorps early successes have demonstrated. Post investment, the community continues to help the startup. The theory is that “many hands, make light work” or as Kevin Kimberlin, Chair of the private equity firm behind VenCorps, puts it: “VenCorps is 21st century barn raising. Instead of relying on three experts to put in 1,000 hours each, you rely on 1,000 people putting in three hours each.” The VenCorps platform uses the web to offer creative new ways to link up start-ups to get them access to not just cash but also to support and prominence. VenCorps uses social networking to give start-ups the keys to succeed, faster, cheaper, and more equitably. While VenCorps is unlikely to challenge major VC firms anytime soon, the company is giving a chance for many more promising ideas to reach the stage where larger VC investment may be warranted. Crowdsourcing venture capital is also a means for the government to assist with job creation. The Boston Innovation District is a good example. The District is a large parcel of the South Boston waterfront undergoing redevelopment, and the city is looking to attract start-ups. “We are creating a hub of knowledge, creativity and inspiration — an Innovation District where new ideas, new businesses and more jobs will come to life,” says Mayor Thomas Menino. So Boston teamed up with VenCorps to run the Welcome Home Challenge. Companies used the VenCorps site to promote their business or business plan. Entrepreneurs, innovators, stakeholders, the general public, funders and organizations were then encouraged to vote on these submissions, supporting those they think are a best fit for the Innovation District. At its core the VenCorps concept is to supplement some of a start-up’s cash capital requirements with community “enthusiasm capital.” VenCorps gives entrepreneurs the ability to engage the community to help launch and develop ideas into start-ups, then into successful businesses and hire people. In the end, this feedback proved as valuable as the cash injection made by VenCorps according to Bill Starr from MyLifeList who won the Boston Challenge. “I am really excited by the opportunity to have VenCorps as a Seed Investor. We came for the cash, but stayed for the community.”

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Ron Gitter: Lending a Hand to Lenders: How to Speed Up the Closing Process

May 6, 2011

At a co-op closing this week, where I represented the sellers by power of attorney, I sat across from the buyer’s counsel, who dutifully ground through the loan documents with his client, a first-time home buyer. As I checked my Blackberry to pass the time, I listened to the attorney describe in mind-numbing detail, page after page of the bank’s documents, pausing to get his client’s signature after each explanation was completed. All around the closing table, folks who have watched this drill on hundreds of occasions, do what’s always done at every closing… wait. Rethinking the Loan Process At that closing, the bank’s attorney stated the “golden rule” of lending: “He who brings the gold, makes the rules.” The crowd chuckled. That being said, the process by which a bank completes the loan documentation at the closing is about as up to date as applying a wax seal. Each bank has a slightly different set of documents, based upon whether or not the loan will be sold immediately after closing to Fannie, Freddie or to an investor. Basically, the documents are similar: a note, a security agreement or mortgage (depending upon whether it is a co-op or condo), a HUD Settlement Statement, and numerous other documents which are either required by law (as revised by recent Federal legislation and rule making) or by the bank’s own lending policies. With all due respect to those charged with the responsibility of attending to the bank’s closing details, the process consumes an excessive amount of time. There is no reason why a majority of the loan documents, with the exception of the note and security documents, can’t be signed at application or upon issuance of the loan commitment. Why Signing Before Closing is a Better Idea Although efforts are being made to educate and to protect the consumer from nefarious lenders and their minions, a closing, with its time limitations, is not exactly the best place to start explaining the implications of the loan documents. Most purchasers are in a daze at the big finale and really don’t comprehend the significance of each piece of paper which is briefly described to them before execution. Your typical future homeowner is thinking about the ton of money he or she is about to spend, or the costly renovations, or the move-in date, or whether it’s the right decision in the first place. You get the picture. Understanding the “name affidavit” or some other boilerplate document is not at the top of the list. It would clearly be in the consumer’s best interest to have that pile of documents in advance of the closing, so there would be a real opportunity to understand exactly what is being signed. In addition to speeding up the closing geometrically, the consumer would be better protected from signing a document he or she truly doesn’t understand — unfortunately, an occurrence at each and every closing. When I posed this suggestion at the closing table, after a few half-hearted attempts at telling me why it wouldn’t work, the bank attorney finally said, “Are you trying to take away my job?’ Well, actually, just trying to make it significantly easier. Business as Usual A closing represents the culmination of the efforts of a number of people: the attorneys, the brokers, the bank and its counsel, the managing agent, and of course, the seller and purchaser. Those involved in the process understand that a certain amount of time will be required to get to the finish line: that being the delivery of checks in exchange for ownership of the property. In the digitized world we live in today, however, a closing takes way too long and needs to be modernized. Lenders are not the only time-wasting culprits, but expediting the review and execution of loan documents would be a great place to start. On to the Next One The real estate economy thrives on closings. When handled the right way by all concerned, it represents the best efforts of the professionals, good feelings on both sides and the ultimate “win win” scenario. But there’s room for significant improvement in the time it takes to get to the handshakes.

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Saul Garlick: How to Launch a Social Enterprise

May 5, 2011

Every day it seems I am asked the same questions: How did you start your social enterprise? What advice can you give to others who want to get something started? The questions usually leave me dumbfounded. I never feel like I have a good answer. My social enterprise, ThinkImpact , has gone through many changes and iterations over the years and would better be described as having evolved. However, that explanation is vague and unsatisfying to the aspiring social entrepreneur. Fact of the matter is, at some point in time, ThinkImpact did get started. How does one start? The answer is to pick an idea (not the perfect idea) and run with it. Here is how I would describe the process. An idea is born and you begin having conversations with friends about it. You feel good sometimes and bad sometimes because the feedback you get is so mixed. There are literally hundreds of reasons NOT to pursue the idea. At this point, many give up. Not you. You are determined. So you set out to make it a reality. You call someone who has done it before and ask, “How did you start your social enterprise?” You think they will tell you something specific, concrete and useful. They don’t. Every story is different and the order by which we social entrepreneurs kick off our enterprises is often different and chaotic. Lawyers, accountants, insurance, staffing up, getting office space, finding a board, raising cash, building a brand, speaking at conferences, building human resources policies, writing a blog, building a website, testing your product, measuring your impact… you soon feel like there is no logic to anything. How anyone runs one of these organizations begins to feel overwhelming. You take a deep breath. After all, Rome wasn’t built in a day, and you have some time. Then you revert back, what’s next? And people refer you to speak with more “experienced folks”. Real estate tycoons, techies, social entrepreneurs, bankers, non-profit leaders. You are wondering what this is really all about. There don’t seem to be answers anywhere, just more questions. Well, the determined do the following: 1. They pick a moment and decide to prototype their idea and put it in the market 2. They build a pitch deck to explain their product/service and business model 3. They build a simple brand format (logo, color scheme) so that they can make business cards, letterheads and a website 4. They bootstrap in a tiny office in their apartment with some self-financing 5. They read about financial management and systems 6. They get feedback on their product/service, push hard and do it all over again until someone believes in the idea enough to give them resources to build and expand the initiative Eventually the pressure of the daily cash flow eases, the product/service gains a following of sorts, and the systems formalize. For those out there who want to get started, read The Art of the Start by Guy Kawasaki. Then read something on financials like Financial Intelligence . What are some of your startup stories? Where are you getting stuck in the process? Any great resources for building out your social enterprise? This blog is cross-posted at http://socialedge.org

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GSA Embarks on Comprehensive Reinvention of Leasing

May 5, 2011

Looking to bring its leasing procedures more in line with market conditions and correct inconsistencies with market practices, the U.S. General Services Administration just released its final Lease Reform Implementation Report. According the GSA, the process of offering to lease space to the federal government differs so much from the process in the private commercial real estate sector that it discourages many building owners or developers from…

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Laurie Gerber: Why Self-Deception And Leadership Don’t Mix

April 23, 2011

When I talk to leaders, I find out that a lot of them struggle with feeling like frauds. After all the work you do to succeed, do you sometimes still end up feeling like a fraud? Recently my leadership capacities took a leap forward when I realized that I was being a hypocrite. I was telling other people to speak the truth to their parents, and I wasn’t standing up and speaking “my truth” to my dad on the subject of his smoking. As soon as I started dealing with that head on, I experienced more confidence in front of large audiences and in front of the camera. I know another great leader who, despite tons of success as an internationally known fitness instructor, still felt like she didn’t really know what she was doing. She opened up and began talking about it in front of her classes and realized that she had been thinking that her unique version of exercise was some how “less than” other more established brands. However, in revealing that, and in rethinking it, she realized that it was in fact even more special because it was different. But then there was this other compounding issue of updating her certifications, which she also admitted needing to do. Clearing that up, she experienced a whole new level of success and confidence. She stopped hiding her internal dialogue (which we all know is so often wrong ) and started telling the truth about her trials and triumphs as part of each class she led. As she made transparency her policy, she was forced to deal head-on with anything that was troubling her and was loved through her process by her students. The public nature of this type of leadership caused her to correct things in her life and to be an inspiration in ways she had only dreamed of doing “on her own” or with just a therapist. What a gift to have “a public.” What an inspiration she was to her public. I know a spiritual leader, similarly, who was shocked and appalled to realize that she was teaching a message of peace and acceptance while regularly losing control with her young son and yelling at him. On some level, how could she not feel like a fraud? But we don’t say to ourselves, “I am a fraud.” Instead, when thinking of taking the next leadership risk, we think things like, “I am just shy,” or, “I’m not good enough yet,” or even, “I don’t really want/care about that.” The truth is, we do want more and we do care. Many of you have a vision for something you want to see happen. It could be a reconciliation or improvement in your family or in your marriage. It could be a better household system with your kids. It could be teaching the art of breathing or pottery or architecture or law to a group of students, or it could be working with a non-profit or company that has a local, national or global mission to fulfill. To get the job done, you need to be free to lead, confident in yourself, your ability and your right to command others to listen and follow you. Consider that you want someone to follow your lead. In order to hold your head high and ask for that, you need to really trust yourself. The first step in building self-trust is telling the truth about where you are right now. If you are stuck in your leadership, ask yourself if you have one or more of the issues I brought up in my first three examples. You might be a hypocrite on some level. You might be unresolved about an incident that happened to you that clouds your view of what is possible. You might be staying quiet about something you need to speak up about. When you start talking about it to others (truthfully), you are forced to deal with it. * * * * * Dip your toe in to this process by first confessing something on my life coaching blog . Leave a comment and I’ll respond. And if you haven’t already, I recommend that you schedule a free life coaching session .

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Elizabeth Warren May Head Consumer Agency After All

April 13, 2011

White House officials seeking someone to run the Consumer Financial Protection Bureau have so far failed to find a nominee, with several candidates rebuffing the administration’s overtures, according to people familiar with the process. One concern of some: That accepting would undercut Elizabeth Warren, the Harvard law professor and consumer advocate who is currently a special adviser to the president charged with setting up the bureau. She remains a hugely popular figure among many Democrats and anathema to many Republicans.

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Davie Yards Enters Into an Exclusivity Agreement With Fincantieri and DRS Technologies Canada

March 31, 2011

LÉVIS, QUÉBEC–(Marketwire – March 31, 2011) – Davie Yards (“Davie” or the “Corporation”) announced today that it has entered into an exclusivity agreement with Fincantieri – Cantieri Navali Italiani (“Fincantieri”) and DRS Technologies Canada (“DRS”), a Finmeccanica company, to negotiate the potential acquisition of the shipyard by an entity that will be majority-owned by Fincantieri. In order to continue this process, Davie has obtained an order from the Québec Superior Court (the “Court”) extending the stay of proceedings ordered by the Court to May 19, 2011, the whole pursuant to the Companies’ Creditors Arrangement Act (“CCAA”).

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Ohio Funeral Home Stopped From Liquefying Bodies

March 23, 2011

COLUMBUS, Ohio — An Ohio funeral home that is the first in the nation to use a cremation alternative that dissolves bodies with lye and heat has effectively been blocked from using the procedure by state regulators. Edwards Funeral Service in Columbus is the only U.S. funeral business offering the procedure called alkaline hydrolysis to the public, according to Jessica Koth, a spokeswoman for the National Funeral Directors Association. The process is touted by proponents as being better for the environment than cremation. While funeral homes in other states are moving toward the method, Edwards’ owner, Jeff Edwards, told The Columbus Dispatch that he has used the method on 19 bodies since January. But a memo issued last week by the Ohio Department of Health has left Edwards unable to continue using the procedure. The health department’s memo directed local officials not to issue permits required for disposing of bodies or accept death certificates when bodies are to be disposed of through alkaline hydrolysis. Edwards told the newspaper he is considering legal action. “There’s no law that says you can’t do this,” he said. The health department cited a Feb. 16 statement from the Ohio Board of Embalmers and Funeral Directors that alkaline hydrolysis “is not an authorized form of disposition of a dead human body.” The health department directive was based solely on the statement of the board, which advises the department on what methods of disposal are approved, spokeswoman Jennifer House said Wednesday. She said the department has reviewed the process and found that it does not pose any risk to public health. An official with the funeral directors board did not immediately return a message seeking further information. Alkaline hydrolysis was developed in the U.S. in the early 1990s as a means to get rid of animal carcasses and has been used to dispose of human cadavers at the Mayo Clinic in Minnesota and at the University of Florida in Gainesville. Also known as resomation, alkaline hydrolysis uses a solution of water and lye, 300-plus degree heat and 60 pounds of pressure per square inch to destroy bodies in big stainless-steel cylinders. Left behind is a coffee-colored liquid that has the consistency of motor oil and a strong ammonia smell. Proponents say in most cases it can be safely poured down the drain and that, unlike cremation, the process does not involve fossil fuels or emissions. The remaining bone and bone fragments can be ground into a powder and given to a family, similar to the remains left from a cremation, the funeral directors association said. New Hampshire in 2008 reversed a two-year-old law that allowed the process. State lawmakers upheld the ban in 2009. The procedure merely speeds up the body’s natural decomposition process into a matter of hours, James Olson, chairman of the National Funeral Directors Association’s green burial work group, told The Associated Press. Olson said alkaline hydrolysis gives families who’ve lost a loved one another option and said anyone feeling squeamish about the method need only think closely about what’s involved in cremation. “I think burning a body at 2,000 degrees has more of a ‘yuck factor’ to it than putting it into a solution where it’s just naturally going to break down,” said Olson, owner of the Lippert-Olson Funeral Home in Sheboygan, Wis. Olson said his funeral business is relatively small and is not using alkaline hydrolysis because it would not be cost-effective to buy the equipment. The Roman Catholic Diocese of Columbus has not studied Edwards’ use of alkaline hydrolysis, but it would appear that flushing away the liquid would go against church teaching that persons should be handled respectfully after they die, said Deacon Tom Berg Jr., a diocese spokesman. “We don’t call for the separation of a person’s remains, that they should all be kept together and buried together,” he told the AP. ___ Associated Press writer Kantele Franko in Columbus, Ohio, contributed to this story.

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Trish Kinney: Job Search Technology Not User Friendly to Employers

February 18, 2011

My company recently began a search for two managers and set up a nifty gmail account to house the responses. In a short period of time, hundreds of resumes came pouring in. Our vice president, who wrote and posted the ad, spent hours reviewing the submittals, setting up interviews, and meeting with perspective employees. She sent me her final two candidates, neither of which was suitable. In an emotional meeting, she stated that her workload did not allow her to repeat the frustrating and time consuming process, complained about the quality of the applicants, and seemed nearly certain that one of them was a murder suspect she had seen on the television news. I offered to take over the search for the two managers. Having personally hired hundreds of people over the past 28 years, I approached the task with confidence. By the time I accessed the swelling gmail account, there were 921 responses. It was daunting to make that first click and absolutely overwhelming to consider such a large number of applicants. After my first session, a handful of resumes were saved in a folder and approximately 215 were reviewed and discarded. Hours later, I was down to 700 applicants. I found myself looking for any excuse to avoid the process completely, willing to spend time doing anything but throwing myself into the black hole of click after click on resumes that included air conditioning techs, hospital clerks, cashiers, sushi chefs and journalists. Not one included a cover letter stating why, despite their lack of related experience, they were applying for a community manager position and what special talents they could bring to my company. It was clear that a lot of clicking was going on from their end, utilizing software that allowed their resumes to be blasted to any and every job posting on the site. The old adage about throwing spaghetti against the wall and seeing what sticks came to mind. Many of the responses were barely in the form of resumes. My favorite so far is: “Worked in a high paced,large volumes of wealthy and distinguished clientel! Professional attititude and conduct is what i am all about, I work very hard and thoroughly ,i am an efficiency expert!I am creatative ,outgoing very articulate, a team player!” Finally I went to my folder and selected one candidate and dialed his number. He was overqualified for the job but his resume was beautifully done and his vast experience was at least indirectly related to our industry. We spoke on the phone for nearly 40 minutes and he was an impressive candidate. I reiterated, as was stated in the ad, that it was an entry level management position with tremendous potential for rapid growth within the company. While I knew he was overqualified, we would have to both agree to take a chance on the other and see if we were a good match. He said he had enjoyed every minute of our discussion and we scheduled an interview at my office. I recklessly stopped looking at the resumes after that, feeling confident I had found my manager. During the interview, I offered the job at the high end of the salary range posted in the ad to which he had responded. He seemed shocked at the number and it completely changed the tone of the interview. It suddenly dawned on me that he had no idea which job he was applying for because he had forwarded his resume so many times by repeated box clicking. For a moment I drifted off in my mind to the days when resumes were received in the US mail with beautifully drafted cover letters and crisp, well organized resumes for consideration or dropped off in person by people dressed in business clothes with briefcases or leather notebooks under their arms. A good response was maybe 30 applicants with direct experience and the hard part was which qualified candidate was the best fit. He asked if he could think about it overnight and promised to get back to me this morning. I think it’s even money as to whether he can even imagine coming to work for that kind of money when he made so much more in a position that no longer exists in today’s economy. All I know is that it seems backwards to me that the employer has to do all the work in the hiring process and the job seekers have only to click, click, click to circulate their resumes anywhere and everywhere, sometimes without even reading the entire job description. It dilutes the process for both sides which is a real shame with unemployment being what it is today. I honestly feel that I would seriously considered any applicant, literally, who takes the time to write a personalized cover letter to my job posting showing at least minimal interest in my needs. But so far, not one resume has included such a letter. What seems perfectly clear to me is that resumes flying around internet space does not a legitimate job search make. A small effort to make yourself stand out to an employer would be worth it. And don’t worry, you won’t have to leave your computer to do it.

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Hilary Kramer: How to Avoid Home Loan Modification Scams

February 13, 2011

So, here’s the good news: The Home Affordable Modification Program ( HAMP ), created in early 2009 from the TARP funds by the Obama Administration, uses federal funds to reduce borrowers’ monthly mortgage payments to about a third of the borrower’s (pretax) monthly income. The program’s website says the program is “designed to help as many as 3 to 4 million financially struggling homeowners avoid foreclosure.” So, here’s the part that is tough to swallow: While nearly half a million people have so far reaped the rewards of President Obama’s HAMP program, the number pales in comparison to those who are struggling with the ongoing threat of foreclosure. In fact, as the most recent RealtyTrac Inc. report shows, recent economic conditions have created such dire circumstances for residents struggling with untenable mortgage payments, that filings of foreclosures have increased in 75% of all US cities. Victims of high unemployment and an ongoing credit crunch, these millions of homeowners find themselves at the mercy of their lending institutions. It is so difficult to understand what steps should be taken and the questions these homeowners should be asking. I certainly won’t go as far a agreeing with Republicans in the U.S. House who recently called HAMP a “colossal failure” and introduced a bill that would kill the program. No way! If you look at the HAMP site, you will see that this program is designed to help struggling and strapped homeowners. The problem is that, just as homeowners almost always use mortgage brokers or a representative at the bank to shepherd them through the process of acquiring a mortgage, the same needs to be done for the process of modifying the mortgage. In obtaining a mortgage, a homeowner pays in the form of points. Sadly, homeowners seeking modifications have been paying upfront fees to scammers and agencies that are preying on their desperation. On freeMortgageFix.com there are ten suggested steps that those seeking modifications should do when dealing with a mortgage situation: 1. Know Your Expenses : Write down your monthly financial expenses beforehand. DID YOU KNOW that for 9 out of every 10 people filling out their HAMP worksheet hasn’t done a budget in over 5 years! 2. Know Your Rights : The mortgage servicer and/or bank is trying to collect money, be careful of what you tell your lender. 3. Get Contact Info : Get the Full Name, Employee identification number, and extension of who the person on the other end of the line. Make sure you find out exactly who is your point of contact. 4. Supervisor : If you are having issues getting answers you need ask to speak to a supervisor. 5. Programs Available : Ask the bank to tell you the programs they have in place for borrowers struggling to pay their mortgage. Be careful about going into detail about your own problems. 6. Submission Info : Ask for info on how to submit a request for help and who to follow up with. 7. Submission Documents : Make sure to go in depth in terms of what documents are needed in order to apply for assistance. 8. Apply over Phone : Ask if it is possible to do initial application over the phone? 9. Ask Which Department to Talk to : the collection department’s job is to collect! Make sure to talk to the mitigation department. 10. Ask for FREE Help : Call the toll free number on the government’s HAMP site (888) 995-4673 or get a free report and a free consultation from an attorney via using a site such as freeMortgageFix.com (that also provides the tools for determining eligibility and for organizing the process). Always keep in mind that most departments of the banks and mortgage servicers don’t have any incentive to help you. There are a few specialists allocated to help with modifications but you need to reach those people. Don’t pay anyone upfront or take on any obligations for those that say they will help. Keep all of your records and track the entire process — beginning to end. But, my message is that you can’t do it alone. You need help and use the resources that are free and at your disposal and advocate the best you can for yourself and, at the end of the day, you will need help in the form of an ethical and proven attorney. Hilary Kramer is the editor of GameChangerStocks.com .

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Ernan Roman: Manipulating Customer Service Ratings… What’s Going On?

February 9, 2011

I wanted to share two recent experiences with my family’s automobiles and the ensuing manipulation of the Customer Satisfaction process. A few months ago, we had one of our cars serviced. We were then told to fill out the Customer Satisfaction form with perfect scores for the Service department! Recently, we bought a new car. The experience left something to be desired, and I said so in the Customer Sat survey. Yesterday, the sales rep left a message on our home voicemail stating that she was very upset that I had not rated her well. She then blamed us for ruining her day! What’s going on? Do these major automotive companies have so little faith in their cars, dealers and service departments that they have to manipulate the process? Surely the manufacturers know this is going on. So why aren’t they taking action? Do manufacturers and dealers have a common goal of making the customer satisfaction ratings look good for advertising purposes? Back to my story. In the first instance, we had the car in for routine maintenance. The next day, we received a call from the dealer asking if everything went well. We said yes. The rep then told us that a survey was coming in the mail and that we should answer all the questions with a “5″ for satisfaction, as that would really help out the dealer. So much for the value of the service department customer sat data! Now for the story about the new car purchase. Everything was fine except when we picked up the car. This is always an exciting moment, but it was spoiled for my wife and I. First, our sales rep could not show us how to operate the brand new, high-tech navigation, climate control and surround-sound music systems, all of which were major selling points for this car. No one else was available to help. That left us frustrated and disappointed. Then, as we were at her desk signing the final documents, our sales rep and her associate had a heated argument about some office issues that had nothing to do with our purchase. We sat there in the middle of their verbal crossfire. Two weeks later, when the customer satisfaction questionnaire arrived by mail, it seemed to offer an anonymous response since my name wasn’t on it. I answered the questions and explained that this had not been an optimal experience. However, because our sales rep had emphasized that she wanted to get good ratings, I was much more diplomatic than I should have been. Imagine my reaction when my wife played the voicemail from the sales rep thanking me for having ruined her day and her ratings. How else can these companies improve except though customer feedback? And what about the implied confidentiality of the survey I returned? The Takeaways: Take a careful look at your customer satisfaction process. Are the questions the correct questions? Will they get you the “right” answers or the real answers? Are there opportunities for employees to manipulate the process, to get the “right” results? What is done with the results? Are they used internally to ask the tough questions and make changes, or are they fodder for advertising slogans and sales brochures? If your customer sat questionnaires say or imply that responses will be confidential, then honor that, so customers won’t feel punished for taking the trouble to submit honest feedback. Ernan Roman is President of the marketing consultancy, Ernan Roman Direct Marketing. Recognized as the industry pioneer who created three transformational methodologies: Integrated Direct Marketing, Opt-In Marketing, and Voice of Customer Relationship Research. Clients include Microsoft, NBC Universal, Disney, Hewlett-Packard and IBM. Ernan was named to “B to B’s Who’s Who” as one of the “100 most influential people” in Business Marketing by Crain’s B to B Magazine. His latest book on marketing best practices was published in October, 2010, and is titled: Voice of the Customer Marketing: A Proven 5-Step Process to Create Customers Who Care, Spend, and Stay . Ernan is also the co-author of “Opt-In Marketing: Increase Sales Exponentially with Consensual Marketing” and author of “Integrated Direct Marketing: The Cutting Edge Strategy for Synchronizing Advertising, Direct Mail, Telemarketing and Field Sales.” www.erdm.com ernan@erdm.com

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Dr. Philip Neches: Resolving the Mortgage Mess

February 8, 2011

Bank of America (NYSE: BAC) announced last Friday that they were creating a new subsidiary, Legacy Asset Servicing, to handle their 1.3 million troubled mortgages. They hoped that their announcement would get buried under the snow — and news about Egypt and the Super Bowl. Their wish seems to have come true. What does this move really mean? Permit me a somewhat cynical view, based on sad personal experience with corporate bankruptcy — as a director and investor. Usually, the hardest part in a bankruptcy is for the broke party to recognize the situation, much less admit to it. Every bankruptcy candidate bitterly resists even thinking about the process. You would think that near or actual catastrophe would overcome this reluctance. But that is a logical, not a human, analysis. BAC, like all of its fellow large banks, still cannot admit publicly the magnitude of their problems and how close to ultimate disaster they came in the fall of 2008. Most corporate bankruptcies start by trying a process known as reorganization under Chapter 11, after the part of the bankruptcy law involved. The company tries to make a plan that lets it continue in business, and gets temporary financing and relief from some of its obligations under the supervision of the bankruptcy court. During Chapter 11, the company has three goals: fix the problems that got it in trouble, stabilize its operations, and reposition itself to be a going concern after it emerges from the bankruptcy process. The TARP process was the equivalent of Chapter 11, with the Federal Reserve and the Treasury acting as both the “debtor in possession” lender and the bankruptcy judge. When put that way, the flaw in the idea becomes immediately obvious: the roles of lender and supervisor are inherently in conflict with each other. The lender, seeking to minimize its risks, pushes for strict controls over the operation of the bankrupt party; the supervisor has to balance the demands of all parties, including other creditors, employees, customers, and public. TARP clearly succeeded at one of the three goals of Chapter 11: stabilize operations. It did not, however, achieve the other two goals: fix the problems and reposition for the future. While the banks and the administration would like to declare success and move on, no bankruptcy judge would discharge the case at this point. Often, Chapter 11 does not succeed: the problems are too big and there is not enough time, money, and good will available. Could this be the case with BAC? Here’s a back-of-the-envelope analysis. Suppose that the average balance of the 1.3 million troubled loans is $200,000. Suppose that the best that can be done is to realize 50% of the nominal value of the loan. Suppose that every one of the remaining 13 million mortgages is perfectly good. Do the math, and that comes to a loss of $130 billion, just a whisker short of BAC’s $144 billion market capitalization. So what is this about? It could be the process of liquidation, which if it were done in bankruptcy court would be called Chapter 7 (again after the statutes involved). Chapter 7 is a complex set of rules, but it boils down to a few steps: Step 1: separate good assets and obligations from bad ones. Step 2: sell the good items for as much as possible. Step 3: write the rest down to zero. Step 4: disburse the proceeds, if any, as fairly as possible, Step 5: close the doors. BAC is doing Step 1. Clearly, they hope to survive the process, so that it is not Bank of America that will land at Step 5 and close its doors. This means that they are preparing to separate the Legacy Asset Servicing business from the BAC holding company at some future date. The bet is that some investor or group of investors will buy the “bad bank”, even if it’s just for $1. The benefit for the remaining “good bank” is obvious: it now has clearly positive net worth and is better positioned for the future. Chapter 11 success, at last. But what about the folks who buy the “bad bank”? The bet they would make is that they can manage the portfolio of troubled loans, foreclosures, personal bankruptcies, lawsuits, and claims better than BAC was doing. Just losing 49% instead of 50% on the portfolio would be an enormous upside. Of course, losing 51% instead of 50% would be an enormous loss, so this is not an adventure for the faint of heart or light of pocket. However, considering the low reputation Bank of America created for itself and its management prowess, this might be a really good bet for the right someone(s). All this seems like a constructive resolution of a problem so huge that it threatens not only BAC’s survival but the ability of the US economy to ever fully recover. BAC’s announcement left me wondering: Why hasn’t every other major bank already done this? Why is Bank of America leading what should be a parade? Why didn’t regulators, shareholders, and boards of directors force this action two years ago? Inquiring minds want to know. Disclosure: the author has been a Bank of America account holder since he was 6 years old and currently has a mortgage serviced by BAC. It is one of their good ones.

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Vicor Technologies Names Dr. Steve Watts Director of Sports Medicine

February 2, 2011

BOCA RATON, FL–(Marketwire – February 2, 2011) – David H. Fater, CEO of  Vicor Technologies, Inc. ( OTCBB : VCRT ), today announced that Steve A. Watts, MD, was named Director of Sports Medicine, a new part-time position. Vicor Technologies ( http://www.vicortech.com ) is a biotechnology company focused on the development of innovative, non-invasive medical devices using its patented, proprietary PD2i ® nonlinear algorithm and software. Vicor is currently in the process of commercializing diagnostics that enable physicians to accurately risk stratify specific target populations for future pathological events, including cardiovascular disease patients for death resulting from arrhythmia or congestive heart failure, diabetics for the presence of diabetic autonomic neuropathy (DAN), and trauma victims for imminent death absent imm

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Bauxite Resources Limited (ASX:BAU) Announce Patent Application – Process For Treating An Ore Or Related Material Containing Aluminium Bearing Minerals

January 24, 2011

Bauxite Resources Limited (ASX:BAU) Announce Patent Application – Process For Treating An Ore Or Related Material Containing Aluminium Bearing Minerals

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Marcie Pitt-Catsouphes, Ph.D.: The Value of Multi-Generational Workplaces

January 8, 2011

If you’re reading this post at work, I’d like you to stop, look around you, and identify the four co-workers you collaborate with most often. Got ‘em? Now let me ask you — how do these four co-workers compare to yourself in terms of age and on-the-job experience? If you’re like most of us, you’ll notice that, as the population rapidly ages, today’s workplaces are more age-diverse than ever before. Your colleagues may no longer be close to your own age group and experience level. Does this hinder your collaboration? Probably not. But there is still widespread speculation that multiple generations in the workforce is a recipe for segregation or conflict. Why? Some of it has to do with expectations and career progression in corporate culture — employees want to move up to management, management to VP, VP to executive, and so on — and the idea that one generation of workers may be holding up the advancement of the next. Then there are also stereotypes of older and younger workers, and the common assumption that these groups are inclined to clash in the workplace; that they simply don’t work well together. However, the Sloan Center on Aging and Work ‘s pilot project called the “Executive Innovation Lab ” has shown exactly the opposite — when younger workers and older workers collaborate, it can be good for business. Unfortunately, most employers have not yet adapted their practices to harness the power of multi-generational workplaces to identify innovative business solutions. To jumpstart this process we created the Lab. We invited a group of companies to come together who were interested in exploring how multi-generational teams of employees work together. We reached out to executives from various industries and asked them to handpick teams of employees to participate, taking care to select people from different age groups and experience levels. The teams then engaged in a rapid prototyping exercise where they were tasked with finding a solution to a pressing workplace problem in a rigidly structured amount of time. What we found may surprise you. When these age-diverse teams were taken out of their normal work situations and tasked with quickly solving a challenging problem, they came up with very viable solutions in just a few hours. Brought together on teams different from what they were used to, these groups quickly found the type of innovate, creative solutions that are so hard to come by in the workplace. What we saw in the Lab, across the board, is that when older workers, younger workers and executives can put myths and misconceptions behind then. And, when given supportive, creative opportunities to collaborate, their collective innovation is a real outcome. Employees who participated in the Lab noticed this, too. At the end of the Lab, participants’ perceptions of colleagues 10 or more years older than themselves actually changed. They reported seeing their older counterparts as more creative, more willing to learn, and more innovative than they had expected them to be. The employees were enthusiastic about their new teams, noting an injection of energy. Team members would grab their leaders in the hall and ask, “When are we going to have that meeting again?” In addition, the executives expressed positive assessments of age-diverse teams; specifically, that they were able to get started working quicker, were more likely to push beyond difficult parts of their work, and had a new ability to reach quality results in a shorter period of time. Many of the organizations that participated in the lab are planning to implement the process for other projects. It would behoove other businesses to follow their lead. Every employee comes to the workplace with a different set of life experiences. The veteran worker who has been in the same job for 30 years, the middle-age career changer and the 22-year-old just starting out may seem like they have irreconcilable outlooks, but in reality these contrasting perspectives are just what workplaces need to thrive. Instead of adhering to the age-old myths that older workers are bad for business, today’s corporate leaders must learn to take advantage of their age-diverse workforces. Today’s workforce is aging more rapidly than ever before, and employers who act now to leverage the creativity of age experience and diversity will have an immediate competitive advantage over their peers. As the American economy starts to find its way out of the recession, we need innovative and creative workplaces more than ever before. Companies can make this happen, but only by creating conditions that leverage the strengths of the age diverse workforce.

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Banks Lose Pivotal Mortgage Case

January 8, 2011

The highest court in Massachusetts ruled against U.S. Bancorp and Wells Fargo & Co. Friday in a pivotal mortgage foreclosure case that could spark more turmoil and uncertainty in a housing market already mired in depression. The Supreme Judicial Court affirmed a lower court judge’s ruling invalidating two mortgage foreclosure sales because the banks, in their capacity as trustees for mortgage securities, did not prove that they actually owned the mortgages at the time of foreclosure. The decision, which highlights the failure of financial firms to adhere to the rules that govern mortgage-backed securities, is likely to lead more borrowers to sue bank servicers and trustees for wrongful foreclosures. It’s unclear what the ruling means for people who were forced from their homes after defaulting on their loans or for those who purchased houses in foreclosure sales. “There are now thousands of these homes that have been purchased through foreclosures handled in a very similar fashion where the titles are defective,” said Ward P. Graham, a Massachusetts title attorney who co-authored a friend-of-the-court brief in the case on behalf of the Real Estate Bar Association for Massachusetts, Inc. Last fall, the banking industry’s foreclosure machine came under intense scrutiny with revelations that low-level employees called “robo signers” powered through hundreds of foreclosure affidavits a day without verifying a single sentence. At the time, analysts warned that the banks’ allegedly fraudulent document procedures could imperil their ability to prove that they owned the mortgages. The Massachusetts ruling stokes those concerns. “This decision is going to raise serious problems in hundreds of thousands of foreclosure cases,” said homeowner-defense attorney Thomas Cox, a Maine attorney who was one of the first to put the robo signing scandal in the national spotlight. “It has the potential to require that foreclosures be done over, and I think there’s going to be significant turmoil nationally. There’s going to be major uncertainty.” In the Massachusetts case, the Supreme Judicial Court found that the banks, who were not the original mortgagees, did not show that they held the mortgages at the time of foreclosure. As a result, the court found, the banks did not demonstrate that the foreclosure sales were valid. The banks argued that the securitization documents they submitted were sufficient to prove they owned the mortgages before the publication of the notices of sale and the foreclosure sales. Wells Fargo said in a statement Friday that as trustee of a securitized pool of loans, it expected those servicing the loans to abide by all applicable state laws, including those governing foreclosure sales. The San Francisco bank was a trustee of the securitized trust in question. American Home Mortgage Servicing Inc., was the servicer. In a separate statement U.S. Bancorp said the judgment has no financial impact on the company. “The issues addressed by the court revolved around the process of servicing the loan on behalf of the securitization trust, which was performed in this case by the servicer, American Home Mortgage,” the bank, which is based in Minneapolis, said. It later issued another statement saying that as a trustee of the securitization trust that it has no responsibility for the terms of the underlying mortgage, foreclosure procedure, the conduct of the servicer, the process by which the mortgage is transferred to the trust, or the sufficiency of the mortgage documentation.” American Home Mortgage Servicing, which is based in Coppell, Texas, said in a statement that the “decision is of limited applicability because it is based on law that is unique and specific to Massachusetts. The decision does not extend to foreclosures in other states.” Attorney Paul Collier III, who represents Antonio Ibanez, one of the homeowners in the case, said the ruling affects thousands of mortgages in Massachusetts and could have a far-reaching impact on the nation’s banking industry. “For homeowners and foreclosures in general, it means that any mortgage foreclosure which was initiated by a securitized trust at a time when the trust had not obtained a mortgage assignment which gave it the lawful right to do so is void. Those homeowners, like Mr. Ibanez, still own the property,” Collier said. It’s up to lawmakers to take action to remove the uncertainty over mortgages raised by the decision, said Massachusetts Secretary of State William Galvin. Without legislative action, the court’s ruling will have a “chilling effect” on the real estate market, he said. The broader implications of the case sent bank stocks lower, with Wells Fargo stock falling 65 cents, or 2 percent, to close at $31.50. It earlier traded as low as $30.64. Stock in U.S. Bancorp slid 20 cents to close at $26.09, after dropping as much as 2.4 percent after the ruling.

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Vicor Technologies Names Dr. Edward Lundy Chairman of Its Scientific Advisory Board

December 15, 2010

BOCA RATON, FL–(Marketwire – December 15, 2010) – David H. Fater, CEO of Vicor Technologies, Inc. ( OTCBB : VCRT ), today announced that Edward F. Lundy, MD, PhD, was named Chairman of the Company’s Scientific Advisory Board, effective December 1. Vicor Technologies, Inc. ( OTCBB : VCRT ) is a biotechnology company focused on the development of innovative, non-invasive medical devices using its patented, proprietary PD2i ® nonlinear algorithm and software. Vicor is currently in the process of commercializing diagnostics that enable physicians to accurately risk stratify specific target populations for future pathological events, including cardiovascular disease patients for death resulting from arrhythmia or pump failure, diabetics for diabetic autonomic neuropathy (DAN), and trauma victims for imminent death absent immediate lifesaving i

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Bandanna Energy Limited (ASX:BND) Submits Environmental Referral To Federal Government To Start Approval Process For Dingo West Project

December 7, 2010

Bandanna Energy Limited (ASX:BND) Submits Environmental Referral To Federal Government To Start Approval Process For Dingo West Project

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Vicor Technologies Announces New Directors

November 16, 2010

BOCA RATON, FL–(Marketwire – November 16, 2010) – David H. Fater, CEO of Vicor Technologies, Inc. ( OTCBB : VCRT ), today announced the election of two new directors and re-election of an existing director to the Company’s Board at the Company’s annual shareholder meeting on November 4, 2010. Vicor Technologies, Inc. ( OTCBB : VCRT ) is a biotechnology company focused on the development of innovative, non-invasive medical devices using its patented, proprietary PD2i ® nonlinear algorithm and software. Vicor is currently in the process of commercializing diagnostics that enable physicians to accurately risk stratify specific target populations for future pathological events, including cardiovascular disease patients for death resulting from arrhythmia or pump failure, diabetics for diabetic autonomic neuropathy (DAN), and trauma victims for

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Tom Grasty: Thinking "Inside" the Box: How Freeloaders Can Make You a Load of Cash

November 16, 2010

Maybe it’s the low barrier to entry. Maybe it’s a downtrodden economy that’s forced a displaced workforce to become more entrepreneurial. Or maybe, to update the old adage, there really is “gold in them thar clouds.” Whatever it is, more and more people lately seem to be looking to the sky in search of that proverbial pot of gold. As a former entertainment executive turned internet entrepreneur, I, too, have been looking beyond the horizon. And the question I’m asked most often (interestingly, the inquiry often comes before I even tell them what our sites does) is this: “How are you going to make money?” When I tell them the plan isn’t to charge for our service (our service being a collaborative online video editing platform, thank you for asking), the reaction is always the same: “So you’ll be giving it away?” “Actually, yes,” I reply. “For a while, anyway.” What happens next never fails. They smile, arch their eyebrows and nod their heads in a slow, synchronous bob. Not a word is spoken. But I know what they’re thinking: “Well, that’s certainly one heck of a way to run a business.” As it turns out, it actually is. “Free” has long been a mantra for aspiring entrepreneurs and investors willing to cut the cost of their wares to as close to nothing as possible in exchange for traffic that can be converted downstream. And while “free” may fuel a business’ growth in terms of name recognition and word-of-mouth, the concept of “free” often runs out of gas when it comes to actually filling the financial tank. “Free,” it turns out, is a fickle thing. Consumers typically don’t like to pay for something they’ve been getting for nothing. But then again, consumers can surprise you. Just ask Jason Rosenthal. Last March, Rosenthal took the CEO reins of Ning, the popular online service that allows users to create and share their own customizable social networks. Shortly after being promoted, Rosenthal announced he was going to take a hard look at how Ning did business. Thirty days later, Rosenthal fired a fateful shot across the “freemium” model’s bow, “This process has brought real clarity to what’s working and what’s not, and what we need to do to make Ning a big success.” And with that, Ning bid farewell to “free”: If you wanted to keep your Ning account, it was going to cost you. The ability to let consumers design their own social network, and do so for free (the core offering at the center of Ning’s value proposition), had often been cited as a shining example of how to leverage a free, open online platform into massive market share with impressive customer acquisition to boot. The conventional wisdom last March, therefore, was that Rosenthal’s decision to abandon the “freemium” model would cost Ning dearly. But that hasn’t happened. According to Forbes tech writer, Taylor Buley, since freeing themselves of “freemium,” 35,000 of the 300,000 Ning networks have signed up for paid plans. Of course, the flip side of that equation is that 265,000 presumably balked at Rosenthal’s “pay or play” ultimatum. But no matter, Buley maintains, “Ning wooed nearly 12% of its non-paying customers into opening up their wallet — more than double its previous conversion rate. Ning’s paying customer base is three times its previous size.” In hindsight, things turned out quite well for Jason Rosenthal. After five years in the marketplace, the company is on track to turn a profit early next year. But it could have just as easily gone off the tracks. What Rosenthal did was risky. At the time, his decision to discontinue non-paying sites left many in the social media space questioning the move: “What could Rosenthal possibly be thinking abandoning a business model that’s at the core of Ning’s success?” I submit Jason Rosenthal was thinking inside the box. Don’t you arch your eyebrows at me. No, I don’t mean “outside the box” — I mean inside the box. The “shoebox” to be exact. Rosenthal’s ploy to turn a profit for Ning is what I pithily refer to as the “shoebox effect,” and it lays out something like this: Whether we want to admit it or not, we’re suckers for sentimentality. We take photographs, we shoot video, we save every drawing our kids commit to paper. And what do we do with all those photographs, video clips and assorted scribblings? We pack them away in closets, cabinets, cupboards and, yes, shoeboxes. And we forget about them. Then one day, we stumble across that old shoebox. And when we do, we realize those photos, videos and drawings that once seemed a nuisance to keep track of are, in fact, a treasure trove; the shoebox in which they are stored is a treasure chest. So we do what any self-respecting sentimentalist would do. We replace that cheap, corrugated shoebox for a photo album (maybe one with an embossed leather cover and a nice gold trim?) that can give our memories the respect they deserve. In case the point is lost on anyone, allow me to spell it out. Shoeboxes are free. Embossed leather photo albums with gold trim cost money. And there’s a point when you gladly pay the price. Returning to the Ning example for a moment, many maintain that Rosenthal wasn’t thinking inside the box at all when he abandoned Ning’s longstanding business model. To the contrary, they argue, since Ning’s infrastructure makes it virtually impossible for customers to port their content out of Ning and into another platform Rosenthal was actually boxing his customers in. And while I would concede Ning’s remarkably high conversation rate can, to a certain extent, be attributed to the fact Rosenthal turned the proverbial shoebox into something more closely resembling an iron-clad locker, I would suggest something else is at play here that’s contributed to Ning’s remarkable retention rate: the perception of value. There’s no question Ning had their share of users who reveled in the fact they were getting something without having to pay for it. But I suspect after using the Ning platform, a sizeable percentage of those freeloaders saw real value in the service. And because a variety of price points were offered to keep their accounts current, they found one that aligned with their perceived value. Now they’re gladly paying for it. I further suspect this is precisely what Pandora, MailChimp, Flickr, LinkedIn, Evernote and Skype all are banking on. All have successfully been built on the back of the “freeloader.” Ning was just the first company to prove those pesky freeloaders can actually be converted… and make you a boatload of cash in the process. All of which is why I endure all those incredulous eyebrow arches when asked how my new internet endeavor is going to make money. In an age “cloud computing” when we’re all are looking for a ‘locker in the sky’ to store our stuff in, the key isn’t building a better mousetrap — it’s building a better shoebox. I feel confident we have one. Tom Grasty is a novelist, screenwriter and 15-year veteran of the entertainment, advertising and internet industries. He is also a co-founder of Stroome, a collaborative online video editing community that connects friends, family and aspiring content creators.

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Denied BP Oil Spill Claims Rising Sharply

November 1, 2010

OCEAN SPRINGS, Miss. — Denied claims for Gulf of Mexico oil spill victims are rising dramatically because of a flood of new filings coming in without proper documentation or with no proof at all, the head of the $20 billion BP fund said Monday. Some 20,000 people have been told they have no right to emergency compensation, compared to about 125 denials at the end of September. This is in addition to many others who say they are getting mere fractions of what they’ve lost, while others are receiving large checks and full payments. In an interview with The Associated Press, claims administrator Kenneth Feinberg denied allegations the process is beset by chaos. He said the claims facility has sent about 30 potentially fraudulent claims to the Justice Department for investigation, and hundreds more are under review. “I disagree about disarray,” Feinberg said. “There are discrepancies in claims based on documentation and your ability to demonstrate a connection to the spill and your damage.” He said that since Oct. 1, the fund has received thousands of new claims for emergency six-month payments, bringing the total to about 315,000, in an apparent rush to meet a Nov. 23 deadline. After that, residents can only file a claim for a final payment, which would be granted only if they sign away their right to sue BP. Thousands are suffering from a summer of lost revenue after BP PLC’s April 20 well blowout off the Louisiana coast spewed more than 170 million gallons of oil into the sea. Fishermen who weren’t working for BP’s cleanup sat idle at the docks with no seafood to sell, while beachside restaurants found themselves with few patrons, and hotels were nearly empty during a time when many depend on high-season revenue to carry them through the slow winter months. The well was permanently capped on Sept. 19. “A true emergency claim one would have expected would have come in shortly after Aug. 23,” Feinberg said, referring to the date he took over the process from BP. “But two-thirds of the claims have come in since Oct. 1, and (many of) those claims are undocumented.” He speculated that some who don’t deserve a payment sense a gold rush and are inundating the facility with illegitimate requests. The Justice Department last week announced the first criminal charges filed in an oil-spill related case against a Fayetteville, N.C., woman who pretended to be employed by a New Orleans oyster company, according to a federal complaint. Charlotte Johnson is charged with wire fraud and faces up to 20 years in prison after authorities say she sought $15,500 in fictional lost wages. A telephone message left for her federal public defender wasn’t immediately returned. A man who answered the phone at Johnson’s home said she is in federal custody on the charges. He declined further comment. About 92,000 claimants have been paid or approved for payment as of Oct. 30, amounting to roughly $1.7 billion. The claims facility declined to reveal the total amount requested by the nearly 315,000 people who have now filed. For Gulf coast residents with apparently legitimate claims, the process can be maddening. “Why can’t they just explain why they denied me?” said Sheryl Lindsay, an Orange Beach, Ala. wedding planner whose business has plummeted. “Why are they so secretive?” Lindsay sought about $240,000 for lost revenue because of beach wedding cancellations and received a check for just $7,700. She was told, like so many others, she could request additional money in her claim for a final payment, a check that likely won’t arrive for months. “I have three weddings booked for next year. That’s it. Normally, by this time, I would have 50 on the books,” Lindsay said. “I’m at my breaking point. I don’t know what else to do except file bankruptcy.” President Barack Obama tapped Feinberg to oversee the BP claims fund, which the oil giant created under government pressure to ensure that it paid those hurt by the spill. Feinberg is paid by BP, but says he is operating the fund independently. He has declined to say how much he is getting for his services.

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David Isenberg: This Waste Really Hurts

October 16, 2010

As this is something I have written on previously it seems appropriate to note that today the U.S. Government Accountability Office released a report on open-air burn pits in Afghanistan and Iraq U.S. forces generate a lot of waste. According to the GAO U.S. military operations in Afghanistan and Iraq generate about 10 pounds of waste per servicemember each day. This waste may consist of plastic, styrofoam, and food from dining facilities; discarded electronics; shipping materials such as wooden pallets and plastic wrap; appliances; and other items such as mattresses, clothing, tires, metal containers, and furniture. Assuming 50,000 troops in Iraq that is half a million pounds of waste a day. In Afghanistan it is nearly a million pounds a day. That doesn’t count waste produced by contractors or other DOD components. It also doesn’t include hazardous or medical waste. No matter how you look at it that is one heck of a log of garbage to burn. Lawsuits have been filed in federal court in at least 43 states in which current and former service members have alleged, among other things, that a contractor’s negligent management of burn pit operations, contrary to applicable contract provisions, exposed them to air pollutants that subsequently caused serious health problems. The contractor, KBR, has moved to dismiss the suits, arguing, among other things, that it cannot be held liable for any injuries that may have occurred to service personnel because its burn pit activities occurred at the direction of the military. GAO took no view in this report on any issue in this pending litigation involving burn pits. Nor did it evaluate whether the contractor has complied with the terms of its contract with respect to burn pit operations. Still, the report DOD Should Improve Adherence to Its Guidance on Open Pit Burning and Solid Waste Management has some useful nuggets regarding contractor operation of the pits. Regarding how the process works: Typically, contractors such as KBR, DynCorp, and Fluor work under task orders. The task order process begins when a military customer, such as a commander in Afghanistan or Iraq, identifies a need, such as assistance in managing a burn pit. This need is documented in a task order statement of work, which establishes the specific tasks for the contractor, and the time frames for performance. In the case of contracting for burn pit support, the customer contacts its contract program management office (the contract office), which obtains a cost estimate from a contractor and provides the cost information to the customer. If the customer decides to use the contractor’s services, the contract office obtains funding and finalizes the statement of work, and the contracting officer issues the task order and a notice to begin work. If the customer identifies a change in need, the process begins anew. Additionally, the military services, as well as DCMA, perform contract management functions to ensure the government receives quality services from contractors at the best possible prices. Customers identify and validate the requirements to be addressed and evaluate the contractor’s performance, and ensure that the contract is used in economical and efficient ways. The contracting officer is responsible for providing oversight and management of the contract. The contracting officer may delegate some oversight and management functions to DCMA, which may then assign administrative contracting officers to (1) provide on-site contract administration at deployed locations, and (2) to monitor contractor performance and management systems to ensure that the cost, product performance, and delivery schedules comply with the terms and conditions of the contract. DCMA administrative contracting officers may have limited knowledge of field operations. In these situations, DCMA normally uses contracting officers’ technical representatives who have been designated by their unit and appointed and trained by the administrative contracting officer. They provide technical oversight of the contractor’s performance, but they cannot direct the contractor by making commitments or changes that affect any terms of the contract. GOA notes that DOD bears a share of the responsibility for whatever contractors did wrong. Since the beginning of hostilities in Afghanistan (2001) and Iraq (2003), the military has relied heavily on open burn pits to dispose of the large quantities of solid waste generated at its installations, but CENTCOM did not develop comprehensive guidance on operating or monitoring burn pits until 2009, well after both conflicts were under way. Furthermore, our site visits and review of contractor documentation found that burn pit operators did not always comply with this guidance. In addition, DOD health officials said that many items now prohibited from burn pits, such as plastics, have been routinely burned at U.S. military bases from the start of each conflict. GAO also found that the Defense Department has not ensured that burn pit operators consistently followed relevant regulations. Between January and March 2010, GAO determined that, to varying degrees, the four burn pits it visited at bases in Iraq–one operated by military personnel and three operated by contractor personnel–were not managed in accordance with CENTCOM’s 2009 regulation. For example, GAO determined that operators at all four of these burn pits burned varying amounts of plastic–a prohibited item that can produce carcinogens when burned. And sometimes a contractor operated a pit based on outmoded guidance. The contractor operating the burn pits at two bases we visited did not have contracts reflecting current guidance. According to a senior representative of this firm, the MNC-I Environmental Standard Operating Procedure 2006 is the guidance referenced in its burn pit contract. Thus the company provided Iraq burn pit management activities in the context of that guidance, which contains less stringent requirements than the CENTCOM 2009 regulation. According to the contractor’s representative, the company prepared plans, which DOD reviewed and approved, based on the MNC-I 2006 guidance. However, DOD officially requested the contractor incorporate MNC-I Environmental Standard Operating Procedure 2009 into its operations. According to Army contracting specialists, such contract modifications are typically long and tedious, often requiring months of negotiations. As of June 2010, DOD and the contractor had yet to finalize this update, at least in part because the contractor believed the new guidance would require activities beyond the scope of existing task orders.

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Delaware Senate Candidate Chris Coons Backs One-Month Moratorium On Foreclosures

October 14, 2010

Delaware’s Democratic U.S. Senate candidate Chris Coons is backing a moratorium on foreclosures, joining a growing number of national Democrats calling for a freeze. “We’ve got almost 3,000 Delawarians facing foreclosure, and as someone who’s had personal experience with the difficulty, the pain, the dislocation of losing a home, we need to make sure the process is as fair and as transparent as possible,” he told The Huffington Post in an interview on Thursday. “I support a national month-long moratorium in the foreclosure process, so we can assess how broad the problem is, how deep the problem is, and make sure that we’re protecting our markets and protecting the process. … We need to make sure the foreclosure process is fair and that the banks aren’t inappropriately or without cause foreclosing on people,” Coons added. The issue of a foreclosure moratorium or investigations is something that national Democrats have been tackling aggressively, with lawmakers such as Senate Majority Leader Harry Reid (Nev.) and Reps. Alan Grayson (Fla.), Debbie Wasserman-Schultz (Fla.), and John Conyers (Mich.), among others, calling for a moratorium. But as The Huffington Post has reported, Republican lawmakers have largely stayed silent on the issue , with the exception of a few, such as Sen. Richard Shelby (Ala.). The Obama administration is also opposed to a moratorium and facing increasing heat from progressives. Support for investigations and/or a moratorium have been much more bipartisan on the state level, with all 50 attorneys general joining together in a coordinated effort to investigate mortgage fraud. The issue has begun making waves on the campaign trail, with several Democratic candidates speaking out . Coons wasn’t ready to commit to joining a theoretical Progressive Caucus in the Senate, which Illinois’ Alexi Giannoulias has said he would like to create if he goes to Washington . Coons said that he considers himself “solidly progressive” on many issues, adding, “I think that folks would consider me strongly in the progressive tradition in my position on civil rights, and tolerance, diversity, and inclusion.” But without having a firmer idea of what a progressive caucus would be, he wasn’t ready to give a definitive answer. In Wednesday night’s debate with Republican Christine O’Donnell, Coons said he strongly disagreed with the Supreme Court’s Citizens United decision. “Sunshine is the best disinfectant, and in politics, it is best for us to disclose as fully and as broadly as possible, who is making contributions,” he said. When asked by The Huffington Post on Thursday whether he would be open to public financing of campaigns, Coons indicated an openness to exploring other options. “I think if we can find a way to provide an alternative mechanism for financing campaigns at the state level or the federal that’s fair, that’s transparent, that levels the playing field between folks with access to lots of resources and folks that are strong candidates but don’t want to spend all their time chasing money — that would be a good thing and that would move our politics forward,” said Coons. Tuesday night’s debate was the first face-off between Coons and O’Donnell, but it wasn’t supposed to be. Delaware’s federal candidates met for an hour-long forum on health care at a major hospital in the state on Wednesday, but O’Donnell did not show up because her staff was reportedly ” not aware of the invitation to participate .” “[I]t was an interesting conversation debating health care largely with myself,” Coons said. Coons and O’Donnell met for a second debate Thursday afternoon, and they now have three more scheduled before the election. ************************* What’s happening in your district? The Huffington Post wants to know about all the campaign ads, debates, town halls, mailings, shenanigans, and other interesting campaign news happening by you. E-mail us any tips, videos, audio files, and photos to election@huffingtonpost.com .

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Bank Of America Stops Foreclosures In All 50 States

October 8, 2010

UPDATE: Senate Majority Leader Harry Reid (D-Nev.) supports Bank of America’s decision to halt foreclosures across the nation, according to a release. “I thank Bank of America for doing the right thing,” he said in a statement, calling on other lenders to follow the bank’s lead and expand their foreclosure moratoriums. Bank of America will stop foreclosures in all 50 U.S. states, CNBC and the Wall Street Journal report. Last week the bank, the country’s biggest by assets, announced it was halting foreclosures in the 23 states where foreclosures are processed in court , saying it needed to review foreclosure documents for potential errors. Now, the bank has extended that moratorium to all 50 states as it has decided to stop sales of foreclosed properties , blocking a major step in the foreclosure process. The decision comes as a foreclosure crisis threatens the nation’s housing market and larger economy. Reports of foreclosure processors approving documents without properly reviewing them and bank agents changing locks on the doors of houses that aren’t even in foreclosure — while the residents are inside — pile ambiguity and scandal on the foreclosure system. Delays in the process further cripple the weak housing market. Already, foreclosure ambiguities have begun to stall sales of foreclosed properties. The New York Times describes the case of a woman who was about to move into a house when Fannie Mae declared the property’s foreclosure might not have been valid, and she was told to wait. While owners of foreclosed homes may be glad to see these proceedings halted, buyers of those homes — and the larger housing market — are suffering. Analyst Christopher Whalen predicts the country has slogged only a quarter of the way through the massive foreclosure process, which he said could incite a crisis that would touch every corner of the U.S. economy. In the years leading up to the housing crash, investors hungered for risky mortgages that banks would bundle and re-package into securities. This arcane market drove banks to initiate more and riskier mortgages at break-neck speeds. Consultant Janet Tavakoli has said the massive amounts of shoddy paperwork that accompanied this process are now being exposed, wreaking havoc on the banks and on the economy.

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Video: James Cameron Says He Plans Two `Avatar’ Sequels: Video

October 7, 2010

Oct. 7 (Bloomberg) — Film director James Cameron talks with Bloomberg’s Betty Liu about the length of time it took to develop the process for creating the shots for “Avatar” and his plan to shoot two “Avatar” sequels. They spoke yesterday at the World Business Forum in New York. (Source: Bloomberg)

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BP Spil Compensation Fund Slowed By Inflated Claims, Fraud, Administrator Says

October 5, 2010

ORANGE BEACH, Ala. — In the rush to get compensation from BP after its massive oil spill, the $20 billion fund that the company created has been inundated with questionable documentation, inflated claims and in some cases, outright fraud — all slowing down the process for legitimate claims, the administrator of the program says. Claims have been bogged down by the sheer volume of requests for money — nearly 98,000 — as livelihoods have crumbled since the April 20 rig explosion that killed 11 workers and spewed more than 200 million gallons of oil. Confusion and frustration have become the only constants for desperate fishermen and business owners. Sales manager Jeff Silvers was shocked to learn that his building supplies shop just a half mile from the Alabama coast was not considered to be affected by the oil that sullied beaches and marshes, sent tourists packing and kept fishing boats idle at harbors. Swift Supply, he said, lost a huge chunk of revenue because customers canceled plans to build docks, do home improvements and complete construction on new houses with the uncertainty that followed the explosion and oil gusher. He applied for compensation from the Gulf Coast Claims Facility, which is doling out BP’s money to oil spill victims, but initially got nothing. “We were told we weren’t in the geographic area of the spill,” Silvers said. Just last week, however, he got a check for everything he asked for. It came as attorney Kenneth Feinberg, who is administering the fund, decided that proximity to affected areas will no longer play a role in compensation approval. It’s the latest in a string of changes to the shifting process that has dragged on for weeks, with promises of generosity and fairness, but delivery of little more than apologies to many. “I’m very happy, but there’s still a lot of businesses that haven’t been paid,” Silver said. Just as hope was fading that the troubled program could be fixed, Feinberg appears to be putting it into overdrive, re-evaluating previously denied claims and reaching out to some people who believe they were shortchanged. In just the last week, denied claims dropped from 528 to 116, as checks were cut and mailed to businesses that were initially told they would get no help. In an interview last week, Feinberg promised that kinks would be worked out and more generous payments would come. In addition to those still waiting for money, The Associated Press interviewed dozens of people who say they have received small fractions of the compensation they requested. Beach wedding planner Sheryl Lindsay said she filed a claim for about $240,000 for lost revenue from July through December because of cancellations. She got a check from the BP claims center for $7,700. Lindsay closed her coastal Alabama office and will soon file for bankruptcy. “We don’t have any business left,” Lindsay said. A final settlement will be offered to Gulf residents in the coming months which they can accept or deny and instead choose to sue BP, but Lindsay says she needs money now. She recently got word from the facility that her claim would be reviewed for possible additional payments. To date, the fund has paid out nearly $1 billion to about 50,000 claimants. However, claims officials would not provide AP with the total amount actually requested by those claimants. A Feinberg spokeswoman said the number is “irrelevant,” given the volume of claims filed with no proof of losses, inflated requests and fraudulent ones. Feinberg notes that complaints about small payouts have “not fallen on deaf ears,” but that the amount of money being sought has no correlation to the size of the check cut. “People can put down on a claims form all sorts of numbers,” he said. He referred to a fisherman’s claim for $10 million in lost revenues “on what was obviously a legitimate claim of a few thousand dollars.” “We have thousands of claims where there is no documentation, none,” Feinberg said. Of the nearly 98,000 claims filed as of Oct. 2, about 35,000 require additional documentation and remain on hold. Even the Justice Department weighed in, with a Sept. 17 letter to Feinberg expressing concern over the slow pace of payments. “The Deepwater Horizon Oil Spill has disrupted the lives of thousands upon thousands of individuals, often cutting off the income on which they depend,” the letter read. “Many of these individuals and businesses simply do not have the resources to get by while they await processing.” But even as some are getting a second look and possibly additional checks, others simply stew. Fishing guide Mike Garey got just $21,000 in response to his request for $70,000 in losses. “And we have no recourse whatsoever,” Garey said. He is also concerned about accepting any final settlement and giving up his right to sue BP. “The phones aren’t ringing. The e-mails aren’t coming in,” he said. “Where will we be in a year from now? Nobody knows the answer to that so how can we accept a final payment?” Feinberg, who previously oversaw claims for 9/11 victims, promises things will get better, but says the entire process will take time to get right. He said potentially fraudulent claims are holding up the process, and are under review before being forwarded to the Justice Department for criminal investigation. “We have scores of applications for financial aid that appear to be fraudulent,” Feinberg said. “Our resources are diverted, and we become skeptical and concerned. “At the beginning, it’s always rough,” he added. “Hopefully, by the end of this program, people will feel that the fund treated them fairly.” Feinberg declined to say how much he is being paid by BP, only that it is a flat fee “totally unrelated” to the size of the fund and amounts paid.

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Which Country Suffered The Worst Recession? Not America

September 17, 2010

The Great Recession in America more than earned that title. But by international standards, it was not that bad. The recession caused a greater decline in gross domestic product in the United States than any American downturn since World War II. It is also in the process of setting the record for the longest downturn, measured in the time it takes for the economy to recover to its prerecession level.

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Goldman Sachs Could Strip As Many As 60 Execs Of Coveted Partner Status

September 13, 2010

As many as 60 Goldman executives could be stripped of their partnerships this year to make way for new blood, people with firsthand knowledge of the process say. Inside the firm, the process is known as “de-partnering.” Goldman does not disclose who is no longer a partner, and many move on to jobs elsewhere; some stay, telling few of their fate.

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Elisabeth Rhyne: Microfinance: Keeping the Mission When Non-Profits Become For-Profits

August 9, 2010

Most people with a lively interest in microfinance know that the majority of microloans dispensed throughout the world today come from for-profit microfinance institutions, rather than donation-dependent non-governmental organizations (NGOs). What may be less recognized is how these for-profit MFIs were born. Many of the world’s largest and most successful microfinance organizations — including India’s SKS Microfinance, which just raised some $358 million in a closely-watched IPO — started life as nonprofit NGOs. Riding on early success in attracting clients, they decided to undergo dramatic transformations: they found investors, obtained regulatory approval, and spun off licensed, for-profit financial institutions, leaving the original NGO behind. This process has now happened dozens of times around the world. The pioneer transformer, BancoSol of Bolivia in 1992, demonstrated that the path from non-profit to for-profit is fraught with difficulties. It often takes years to complete, especially when it involves getting regulators to grant a financial institution license. A leader like Vikram Akula, SKS’s founder, needs a compelling reason to take his organization through that ordeal. For Akula, as for many others, that compelling reason was capital for growth. As Akula told Forbes India in September 2009, the transformation was all about SKS’s mission to reach millions of families who lack access to financial services: Grameen Bank reaches 7 million clients and that’s amazing. On the other hand, it took Professor Yunus [Grameen Bank's founder] 35 years to do that… Can you imagine how many generations it will take to reach 150 million poor households in India if we took that approach? We have to scale more rapidly, and only commercial capital will meet our huge funding requirements. And indeed, funded by three rounds of venture capital prior to its IPO, SKS grew from a modest nonprofit with 2000 borrowers in 2001 to a “Starbucks of microfinance” with 4.7 million borrowers in 2009. With the IPO, it is poised to continue growing. The mission-critical reasons for transformation have to be very compelling because when money is at stake, personal interests tend to complicate the process. The hard challenge is to align the personal interests of the founders, investors and other stakeholders with the long run mission to assist low income clients. The SKS IPO, for example, has generated controversy in part because trustees of two charitable microfinance organizations that financed SKS at the outset disagree over how to spend the tens of millions of dollars those groups earned in the IPO. Another nonprofit supporter, Seattle-based Unitus, last month abruptly laid off its staff and announced it would refocus its efforts in fields other than microfinance — a move that has raised a lot of eyebrows . And Mr. Akula, with a significant personal stake in SKS, is also a target, as observers examine whether his decisions place the mission in front of his own interests. For-profit with a purpose: ingredients of successful transformations The challenge is to transform while keeping the organization committed to its social mission. In practice, this entails balancing the interests, egos, abilities, goals, and responsibilities of the various stakeholders to create an organization that delivers high quality services and remains focused on its target clientele. At the Center for Financial Inclusion at ACCION, our ” Aligning Interests ” study examines several successful and not-so-successful MFI transformations in detail and sketches out practices that improve the chances for continuity of mission. One good practice is to keep the original team of sponsoring organizations in place. Often, the founding NGO retains a large ownership stake and seats on the board. So do multilateral organizations or development banks that have invested capital and expertise in the past. It is also critical to create a strong and mission-focused management team, blending original NGO management with new managers who supplement the existing skill set. It helps to talk openly about stakeholders’ diverse personal interests, including those of NGO managers, board directors, and staff. Managers may be motivated by many factors, from financial security, to prestige, to commitment to poverty alleviation. As perhaps different from purely private mergers and acquisitions, the participants in a microfinance transformation generally recognize that financial rewards are not the only relevant factor. In fact, the non-profit origins of these organizations make financial rewards for managers a particularly ticklish subject. In a number of cases, employees’ personal interests are addressed through opportunities for equity participation based on future performance (with care taken not to draw upon the original non-profit corpus). The case for an NGO “Prenup” Today, almost 20 years since BancoSol made the industry’s first successful transformation, any start-up NGO should consider whether transformation might be a part of its future. If so, its founding agreements should anticipate the possibility as much as possible — the NGO equivalent of a prenuptial agreement. Provisions such as the granting of sweat equity, which may be ethically questionable if granted in retrospect, become more acceptable precisely because all parties to the institution explicitly agreed to them from the start. These issues may be easier to agree on at the beginning, when the NGO’s business has not yet developed a large commercial value. Re-imagining the for-profit company Many people committed to social justice may have a built-in assumption that nonprofits are inherently more virtuous than for-profit companies. Most people also recognize, however, that for-profit businesses have been the primary engines of wealth creation in the modern world. It is for that reason that many social entrepreneurs are now seeking to create double bottom-line entities that maintain a dual focus on profits and a social mission. The microfinance industry has been at the forefront of such experimentation. While some missteps are inevitable, we are learning as we go. Each new case, SKS Microfinance included, provides valuable lessons and helps complete an increasingly useful transformation toolkit.

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Ken Markman: The Advent of Brand Culture

July 29, 2010

Recognizing the Need for Reinvention Whether you work with brands every day or want to develop your own brand, your success lies in a different place than most experts would have you look. We have a tendency to travel the same road, again and again. We talk incessantly about the same problems: The trade, the economy, the licensor, the licensee, the deal. It’s an endless, circuitous, chain of circumstances with little time or effort directed toward understanding the changing consumer. Who is The New Consumer? They are Millennials. They are your strongest advocates. We’re not the first, nor the last to mention them. But, if you don’t know who they are…the short answer is they’re your future. Their values, attitudes and demographic characteristics are different than all previous generations. They are driving digital technologies that are changing media habits; enabling consumers to self-edit, while at the same time, by choice, become advocates of what is meaningful to them. It’s causing brand-marketers and licensors to reconsider how they are reaching the right audience at the right time with the right message in the right place. Like it or not, they are tethered to technology. Successful products offerings enable Millennials to participate in their own experiences. It is tribal; technology is the acoustic rhythm to their narrative. As a result, the convergence of technology (xbox 360 Kinetic, Apple iPad) and the interplay of mobile phones (apps), immersive retail experiences and location based (touch-screen) venues are the new brand media mix. Millennials Millennials, there are about 80 million of them born between 1980 and 19951. They are the prize. They are who you must embrace. They are not just consumers, they are the owners of your brand. They are advocates who dictate purchase patterns and are the voice of authority. Millennials are setting the new social agenda, in a context called BrandCultureTM. We are just beginning to witness the nuances and shifts of their consumer behavior. The real ah-ha will arrive when we unlock the coding of this generation and the hardwiring of their brains. If you know a Cognitive Scientist, hire them; they’ll be your most trusted resource when unraveling the mysteries of your new consumer and the behavior that is driving businesses, brands and culture in the 21st Century. Consumer Attributes They think in pictures: Images are the narrative of culture. 32,000 years ago the earliest of cave paintings served the same purpose. They’re hard wired into our brain. They work like semeiotic messages. Meaning, the images are the language of story-telling. It’s the earliest form of personal and cultural brand messaging. (Consider: Facebook, Flickr and the iPhone). They remember stories; so, don’t repeat facts: Brands are emotional stories. They are experiences, merging interest with intent by igniting curiosity and inviting consumption. “Your brain didn’t retrieve a fact about an experience,” says Douglas Merrill, former Chief Information Officer of Google, “….your brain retrieved the story.” Their brand is their message: Messages are everywhere. They work as reoccurring themes that bond culture. They establish a context and work like scaffolding in your brain. They function in a setting of story-telling and myth-making where symbols are language and images are text. They embrace the “authentic” power of Social Media: Okay. I get it. We know Social Media is important. But, do you really know why? It’s not because of its instantaneous reach or ubiquitous use. Social Media dominates all other media because of its relevance. It’s your story, shared with others, that touches the same core emotions. They use technology: “It’s not just their gadgets, it’s the way technology has been fused into their social lives.” This is the new “collective -connective,” a social dynamic requiring participation — real, authentic participation. It’s that simple. Why We Believe In What We Create? We remember things that are important when they are experienced as stories. Our brains take notice of them. We become conscious of them. They become relevant, take on a purpose and meaning and move to our memory. Cognitive scientists call this process encoding, which means something is being converted from one format into another. Cultural Myth, Story Telling And Recurring Themes Bond Culture It is based upon the uniquely human capacity to symbolically classify experiences, link and then to share them…the process through which an older generation induces and compels a younger generation to reproduce the established lifestyle, consequently a culture that is embedded in a person’s way of life. This multi-generational social condition is called the “Cultural Evolution Theory” which states, “that traits have a certain meaning in the context of evolutionary stages, and they look at relationships between material culture and social institutions and beliefs.” The importance of realism amid such heightened realities in worlds of fantasy make characters, specifically heroes and their powers, when stripped away, real to an audience that wants to believe they really exist. This transformation is a blurring of “reality’s” fantasy. Captured in symbols and an extremely evolved iconography, popular, recurring themes understood completely or not, become folklore…create a suspended disbelief: a new reality for a new generation… borrowing from the past and making them their own…a form of branded history, with its own images indelibly marked on the minds of a new global audience. The images they represent, from myth to folklore, become the legacy that defines a brand. Central to this process is the concept and arch of the Brand…or as we will call it: BrandCulture KKMBRANDS.COM

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Liz Ryan: Say No to Job-Candidate Abuse

July 19, 2010

Dear Liz, I saw the earlier post from Karl, who had gotten a job offer that included relocation, and decided the costs of making a family move were too high. When Karl brought this up to the HR person at the employer, the HR person told Karl to ‘show his numbers.’ In other words, there was some disagreement between what Karl thought his moving expenses and cost-of-living increase would be and what the company thought they would be. Karl didn’t like the request and he didn’t take the offer. Sometimes companies and recruiters make legitimate requests in the job hiring process that seem out of hand, too probing, etc. Many times these requests are legitimate and are aimed at trying to assist them in doing their jobs better. In the case of Karl they may well have wanted to see if some of their policies and guidelines were non-competitive. If you are concerned they might use this to counter offer you could just say up front that you are not interested in another offer but would be happy to share the reasons you felt the offer was not strong enough. This idea applies in many different scenarios in the job search process. We tend to complain about HR and recruiters. I think this can shade our perspective when one is trying to do a good job and understand their processes, compensation, attractiveness, etc better. You mentioned you were not willing to relocate so I would ask why you were pursuing, to this extent, a position out of town. (Maybe the reality of not being able to relocate came p during the process.) This is a totally rhetorical question. As a recruiter representing you I would have looked at this as not an issue with the offer but a relocation issue. The next thing I would do is ask myself what potential red flag(s) I had missed in the process. Usually there are some. Again the bottom line is most of us want to do our jobs better. Some questions aren’t as out of line as they may appear on the surface. Be well, Max Hi Max, I agree with you that it’s reasonable for a recruiter or hiring manager to want to talk about the numbers (cost of living, relo expense, etc.) in the process of negotiating an offer that includes relo. Unfortunately, about the worst way to conduct that fact-finding and brainstorming exercise (if we want the employee to join us – and why are we extending an offer, if we don’t?) is to say to the candidate, “Show us the numbers you’ve come up with.” That’s an unfortunately typical, directive (a/k/a bossy) corporate approach. If I were the HR person on the case, I’d say “You’re disappointed with the offer, Karl? Wow, thanks for letting us know that. That’s not good! I hope it’s obvious that we want you to be delighted to come and work here. Let’s dig into the numbers together and see what we find. We want you on the team!” We can and should expect recruiters, hiring managers and HR people to explain their reasons for every request they make of a job seeker. I don’t subscribe to the view that HR folks use unfriendly and bureaucratic-seeming processes and protocols for very good reasons that are simply hard for job-seekers to understand. When I’ve consulted with organizations on their hiring processes, those good reasons, under examination, melt into two puddles called “uniformity” and “control” (maybe that’s one puddle, after all). It’s an HR person’s job, a recruiter’s job and a hiring manager’s job to make the obscure reasons behind their rules clear to job-seekers. If a request is legitimate (your word, from your post above) then it’s up to the requester to make that legitimacy obvious. Of course, legitimacy is in the eye of the beholder. The beholder is the job-seeker. If talented people get fed up with bureaucracy in a selection process, they’ll bail, as they should. I don’t think there’s any question that many, many recruitment-and-selection processes make requests and have expectations of job-seekers that wouldn’t be considered legitimate by any reasonable person. We talk about that issue in our group nearly every day. The pendulum has shifted so far over to the side of “employers rule, and job-seekers grovel” that ‘candidate abuse’ is nearly a given at almost any large corporation. Against that backdrop, wouldn’t a sharp and people-aware recruiter, hiring manager or HR person take the opportunity to over-communicate at every opportunity, to make sure that the candidate understands and is comfortable with every request that’s being made? I’m not seeing a lot of that over-communication happening. Now that I’m thinking about it, I’m not seeing any. It’s a national (perhaps international) shame how shabbily job-seekers are treated. Leaving this specific issue and relo-negotiation out of it, can we really say “These hiring policies and processes are legitimate, but poorly understood” when the very people who could inject transparency, clarity and logic into the communication process aren’t doing it, in spades? I’m not so sure. Best Liz

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Wall Street Reform Is Weak Because Obama Played Too Nice

July 18, 2010

There are loud cries that Obama has been anti-business. But one reason the reform package is rather weak is that Obama and his team refused to blame Wall Street bankers — or the irresponsible regulatory record of the Clinton and Bush administrations — for the catastrophe until much later in the process. “Playing nice” seems to be part of Obama’s plan, but it is not working.

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Fred Whelan and Gladys Stone: How to Find Out If the Company’s Culture Is Right for You

July 9, 2010

You’re looking for your next career opportunity and have made a list of the “must haves”. One thing you know for sure is that you don’t want to work in a bureaucratic or political environment. Been there and done that. The problem is how are you going to find out in an interview whether the culture is right for you or not? One of the mistakes candidates often make is to ask general questions about the company, job, people, etc. They may ask, “Is this a bureaucratic environment?” and get relieved to hear that it’s not. Only to take the job and find out it is! They asked the question but wonder why they didn’t get the real picture. The key is to ask specific questions that will give you the details. Asking broad questions leads to subjective answers. Here’s what to ask to find out if the culture is right for you: What kinds of people (personality traits, working style, etc.) typically succeed at your company? Listen carefully to the responses that are given. If the person tells you that people who “burn the midnight oil” are successful, or that they like to joke that “if you don’t come in on Saturday, don’t bother coming in on Monday”, you’ll know that this environment is one in which putting in a lot of hours is the norm and expected. If you are trying to find balance in your life between work and personal, this should be a red flag for you. Some organizations value people who win at all costs. As long as the deal gets done, they don’t care about the process or if people were alienated along the way. Ideally, the types of people who succeed are those who develop their teams, deliver results and work collaboratively. Which department is the most influential? This will tell you what drives the company. If you’re in marketing and you hear engineering, you might find this a frustrating environment. Dig a little deeper and ask from what department the CEO came from. If s/he came from the finance department, that may be a clue as to where the emphasis is for the company. Similarly, if the CEO came from marketing or manufacturing, that may be an indication of the perspective they would take on growing the company. How are conflicts resolved? This is a very important question to ask, because it gets at the heart of how a company runs and the culture it fosters. Preferably things are resolved between parties and then escalated if needed. If, however, the response you are given indicates that there are ongoing powers struggles between departments and that the battles are fought with the intent of determining which department is stronger (versus doing what is best for the company), be aware that you may be stepping into a volatile environment. And if you don’t like frequent conflict, better stay away from this company! How are ideas presented? Companies are always looking for good ideas. Is there a forum for presenting ideas, or is it less formal? How do ideas from all levels get funneled through the organization? In some companies formal written recommendations/ideas are channeled up through the organization, with modifications and changes being made by various people in senior management as the document works its way to the CEO. Ultimately, that recommendation may be presented to the CEO by the EVP, even though the idea came from a lower level management (or non-management) person. In other companies, an idea may be presented directly to the CEO from whoever came up with the idea, and it may be presented verbally without all the analysis having been completed. Which format are you more comfortable with? How are decisions made? Some companies are command and control. All decisions are made at the top and get pushed down to middle management. Other companies are consensus driven, which means decisions can drag out in the process of getting everyone to agree. Other companies empower people at multiple levels to make decisions that affect their area. During the course of your interviews, ferret out how decisions are made and ask about how the smaller decisions are made versus the larger, more strategic ones. This will be an indication of whether top management sets the strategy and then lets lower level management make the tactical decisions or whether all decisions are made through top management. Be honest with yourself about the type and style of company management you are most comfortable working in. How does the company deal with people who are not performing? Do they try to work with that individual to help them raise their performance to an acceptable level or do they very quickly attempt to weed out the underperformers and transition them out of the company? Or, do they try and determine what skills the person has and then find another place for them in the organization? This is an important element of a company’s culture, as it gets at the heart of how they view the individual and the success of the company. Are you the type of manager who wants to work with an underperforming employee and try to bring them “up to speed” or are you more comfortable cutting your losses more quickly and transitioning that person out of the company? How your interviewers respond to this question will provide excellent insight into the culture of the company. As recruiters, we know that the cultural fit for a candidate with a company is critical to long term success. Candidates and companies owe it to themselves to do their due diligence on the issue of cultural compatibility during the interview process. It’s worth the effort! Fred & Gladys Whelan Stone Executive Search and Coaching Authors of GOAL! Your 30 Day Career Plan for Business & Career Success

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Fortune’s Stanley Bing: What BP Can Learn From LeBron

July 9, 2010

1. Don’t over-communicate. Just because people want to know what you’re up to doesn’t mean you have to satisfy them. Keep them guessing. They won’t go away in the meantime. 2. Extend the time period when all you’re doing is seriously analyzing the situation. It’s a “process.” Did anybody count the number of times LeBron used the phrase, “the process,” or “this process,” as in, “This process has been everything I thought it would be,” or “I took this process very seriously.” Aside from building suspense, which is just good strategy for any product, it also made his eventual action seem well-considered, thoughtful, responsible, and certainly not all about the money. BP bumbled immediately into first under-estimating and then simply mangling its analysis of the situation. They would have been better served by engaging in a LeBronian “process.” Tony Hayward could have said, “There are a number of solutions to this thing, but I’ll be honest with you, we’ve never encountered this kind of crisis before, it’s very complicated, and we’re not going to jump to conclusions before we go through the right process.” 3. Which brings us to another important thing that LeBron got right and Hayward did not. For the most part, I believe that LeBron, like all world-class athletes, defaulted to the first person plural, utilizing “we” instead of “I” when discussing his decision. “We” had engaged in the process. There was a lot of “we” throughout the staged event. Contrast this to Tony Hayward, who was all about HIS life, often abandoning his proper role as a faceless bureaucrat and investing his appearances with way too much individuality. LeBron never departed from his anointed role as a professional athlete behaving pretty much as required and expected. 4. Never communicate through unstructured channels. LeBron certainly realized that a real group of sports reporters and cold, critical bloggers and journalists would eat him for lunch as soon as he announced his decision. So he gave the exclusive interview to ESPN, which managed it like a video event — part national election, complete with colored map, and part marketing circus, with snazzy graphics, logos, sound packages, and a long run-up to the event itself, which didn’t even come on until 9:22. 5. When you do finally decide to communicate, study the playbook. LeBron was obviously coached by some kind of professionals on what his message track was an how best to communicate it, what affect to adopt, etc. For instance, to offset notions from disgruntled sentimentalists that he should remain in Cleveland, he invoked the wisdom of his mother. Nobody’s going to attack a guy’s mother. Tony Hayward should have talked more about his mother and less about getting his life back. Then people would have thought, “Hey, the guy has a mother. He can’t be all bad, even if he IS screwing up the Gulf.” 6. Apologize briefly, then move on to the positives. LeBron seemed genuinely sorry for the people of Cleveland, who will clearly be committing mass seppuku after this. He thanked the City, the Cavaliers, his teammates, sort of weirdly invoking all that HE had done for THEM, if I was hearing that correctly, but at any rate, he moved smoothly from that sad stuff into a mention that a man has to do right by his family, which is one big, positive for Americans, and then invoked perhaps the most important American value: the desire to Win. Family + Winning = Something We Understand. Hayward, from his post as a snotty Brit, used neither of these strong tools to convey his messages. Imagine if his pitch had been, “I’m moving my family down here to Pensacola until this is solved. We’re going to beat this thing and win.” Much better, right? 7. Get a warm-and-fuzzy sponsor. LeBron’s event looked pretty much like a crass, over-commercialized and industrial-strength product of the sports/media hype machine. It was obviously timed and scripted by professionals who do this for a living, whether the event is an election, a beauty pageant, or a reality program. But behind LeBron was a big flag with the logo of the Boys & Girls Club, a very worthwhile organization that was in some way I don’t really care about a beneficiary of this hoopla. You can’t be critical of anything associated with the Boys & Girls Club! BP should immediately give a billion dollars to the World Wildlife Federation or some similar organization that helps birds, shrimp and other creatures who are the victims of its horrendous errors. The WWF logo should be on every BP communication. Commercials should be shot featuring Mr. Hayward fondling a pelican who has been cleansed by the power of his money. 8. When you’ve run out of things to say, disappear. I imagine LeBron will do that now and let his playing time speak for him from this time forth. I think a decision of that nature has been made for Mr. Hayward already.

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Video: Feinberg Plans 6-Month Payments for Victims of BP Spill: Video

June 30, 2010

June 30 (Bloomberg) — Kenneth Feinberg, administrator of the $20 billion fund for victims of BP Plc’s Gulf of Mexico oil spill, said the fund will make initial payments equal to six months of reimbursement after criticism the process was too slow. Feinberg spoke before the House Small Business Committee today. Bloomberg’s Brian Weiss reports. (Source: Bloomberg)

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Robert Siciliano: NY ATMs Get Whacked: How Secure Are You and That ATM Transaction?

June 10, 2010

ATM fraud is more common and likely than a crime committed directly against customers who are in the process of attempting to withdraw cash from the machines , according to NetworkWorld . When studying “emergency PIN technologies” they state fraud was one of the few concrete conclusions from a report about the use of emergency technology at ATMs issued by the Federal Trade Commission . Meanwhile reports indicate that thieves used “skimmer” devices to steal $217,000 from Long Island Banks between April and the end of May 2010. Banking information was then re-encoded onto the magnetic strips of blank gift cards. Investigators report that the thefts occurred in Suffolk County, N.Y. They estimate that between 100 and 200 accounts may have been cloned. The ATM is all about quick easy cash. In the world of technology, when “quick” is paired with “easy” there is a sacrifice made in regards to security. Security is often slow and difficult and most people won’t sacrifice convenience for personal security . Certainly there is a degree of security in ATMs, b ut to make them fully secure requires the end user to do more, and unfortunately users often don’t have the ability to jump through all the hoops security requires. However by understanding some of the risks and incorporating some security tips you can protect yourself. Always be vigilant when you are at an ATM. Look around the perimeter of the kiosk and beware of anyone paying unwanted attention. If someone is “lurking” they could be waiting to pounce or are shoulder surfing to get your PIN code. Choose a PIN that’s not easily guessed but can be quickly entered. Consecutive numbers or the same numbers is never a good idea. Often new ATMs won’t allow you to choose a “soft” PIN anyway. Don’t ever let anyone help you at an ATM. It’s hard to envision what kind of scenario might involve another perso n intervening at an ATM. But consider this: Your card gets stuck, someone graciously peeks their head over your shoulder to help. They un – stick your card and help you finish the transaction. In the process they got your PIN and swapped your card with another. In another example two women picked up drunk guys from bars who were waiting for a cab and persuaded them to pull money out of the ir ATMs while they watched for the PINs. Once they got back to the car one, while making out with him, would pick his pocket and hand off the card to the friend. Beware of ATM skimming and be able to recognize what an ATM skimmer looks like. Here are some excellent pictures of a well made covert skimming device attached to the face of an ATM. You really need to look for it to recognize it. Not all are as well crafted, but some are very good. ATM skimming of course is when the information on the back of your card is “skimmed” and the criminal then burns the data onto another card and makes withdrawals. They may have also installed a camera behind a brochure holder, speaker, mirror or in a light bar. If you ever get a vibe that something doesn’t feel right, just leave. Always shield the ATM keypad with your second before entering your PIN. Meanwhile Romanian Police raided 38 locations an d arrested five fraudsters allegedly part of a card cloning gang. Those detained face accusations of being members of an organized crime group, unauthorized access to a computer system, possessing card-cloning equipment, access device fraud and distributing fake electronic-payment devices. Based on this video , they didn’t get a whole lot of equipment but confiscated some cash. To help combat this type of crime, ADT unveiled the ADT Anti-Skim ATM Security Solution , which helps prevent skimming attempts and detects skimming devices on all major ATM makes and models. ADT’s anti-skim solution is installed inside an ATM near the card reader, making it invisible from the outside. The solution detects the presence of foreign devices placed over or near an ATM card entry slot, without disrupting the customer transaction or operation of most ATMs. It can trigger a silent alarm for command center response and coordinate video surveillance of all skimming activities. Also, the technology helps prevent card-skimming attempts by interrupting the operation of an illegal card reader. This technology does not require any software adjustments be made to the ATM itself, and does not connect to or affect the ATM communications network. Prior to its North American introduction, the ADT Anti-Skim ATM Security Solution was successfully field tested on dozens of ATMs of four major U.S. financial institutions in controlled pilot programs. Testing pilots yielded positive results, with no known skimming compromises occurring. Robert Siciliano personal security expert to ADT Home Security Source discussing ATM skimming on Extra TV. Disclosures .

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Exxon Valdez Lawyer: Louisianans, ‘To Use A Legal Term,’ Are ‘Just F–ked’

June 8, 2010

Long after oil stops spilling from the Gulf and the ecological catastrophe caused by the spill begins to be cleaned up, the process of determining the extent to which BP owes the afflicted will be litigated in the courts. And while the case against the oil company seems fairly clear-cut (BP admits, after all, to being responsible for the worst environmental disaster in U.S. history), a lawyer with perhaps the most relevant experience on the matter at hand is painting a depressing picture about the litigation ahead. “[I]f you were affected in Louisiana,” said Brian O’Neill, an attorney with the firm Faegre & Benson, “to use a legal term, you are just f–ked.” More than any attorney in the country, O’Neill personally understands the implications of that imprecise legal term. For more than two decades, he represented fishermen in civil cases related to the now second-most-damaging spill in U.S. history: the Exxon Valdez spill in 1989. And from it, he learned valuable lessons about how to sue an oil giant for the damages it has caused — above all, to push for the best and plan for the worst. “In Valdez we had 32,000 legitimate claims — that was a lot,” he said in an interview with the Huffington Post. “I think there will be more claims in this one.” “These big oil companies, they have a different view of time and politics than we do,” he added. “The fact that BP hard-asses it a little bit for 5 to 10 to 15 years, despite all the bad publicity there may be between segments of society and BP as a result [of this spill]. Exxon sure weathered it really well. The market went up the next day for Exxon stock [after the settlement]. They just thrived despite treating an entire state poorly. And there is a lesson there for BP, and that is: it really doesn’t matter whether you treat these people nicely or not. The only difference is if you extract oil. It sounds cynical but it might be true.” The similarities between the two crises are telling in many ways. When Exxon’s ship hit Prince William Sound’s Bligh Reef — in the process, releasing an estimated minimum of 10.8 million gallons of oil into the water — the company pledged (like BP has done now) that they would cover the entire cost of the cleanup and all legitimate claims of damages. Two decades of litigation and appeals resulted in punitive damages being reduced from $5 billion to $500 million. The irony, as O’Neill tells it, is that the law Congress passed in the wake of that spill — the Oil Pollution Act of 1990 — may end up hindering the type of relief that Gulf residents can expect currently. Under that legislation, a $75 million cap was placed on economic damages that an oil company can pay as a penalty for a spill (this isn’t true, O’Neill notes, in states that have passed their own liability caps — of which Louisiana isn’t one). Congress is currently trying to lift that cap. But there are constitutional questions about whether it can do so retroactively to cover BP. “Constitutionally, I don’t know whether you can do that. I don’t know whether it is ex post facto,” O’Neill said. “It will likely be challenged. I would, if I was representing BP.” There are other problems that the Exxon Valdez vet recognized when discussing the forthcoming courtroom battles for BP. There are questions, for starters, as to who actually can sue the oil company under the Oil Pollution Act law and whether, in fact, those 11 workers killed on the rig will have their settlements capped by the Death On the High Seas Act. Mainly, however, O’Neill is concerned over the pervasive influence that the oil industry has on all sector of governance — which he predicts will weigh heavily on the legal process. “This is more important than banks,” he said. “This is oil. And at some point in time, the administration and the states will resolve all their dealings and it will leave fisherman and the tourist industry to resolve their differences in the courts. It could be another 20 years till then because BP [is] going to defend this like Exxon did.”

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Arizona commercial real estate brokers: Some lenders ignore crisis

May 30, 2010

Arizona’s housing market is deep into the process of flushing out its bad mortgage debt. But lenders and borrowers of troubled commercial real-estate loans continue to live a lie. Commercial real-estate brokers have coined a phrase, …

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Janet Tavakoli: U.S. Recession Breeds Escalating Violent Crime

May 25, 2010

The Wall Street Journal reported that violent crime is down in the big cities in the U.S. saying this breaks the pattern between economic downturns and an increase in crime. (” Violent Crime Falls Sharply ,” Evan Perez, WSJ , May 25, 2010.) Supposedly this is because policing has advanced, not because human nature has changed. I do not believe the article is plausible. If Chicago is any indication, it is much more likely the statistics are being doctored and that the public is being lied to in a profound way. Many cities and states are strapped for cash and the public doesn’t want to hear that crime is up while police budgets are being cut. Chicago wasn’t mentioned in the article, but violent crime is way up, and the police force has been cut. I believe this increased violence is related to the economy, and it is not mere crime, it is civil unrest. The city of Chicago is being wrecked, and tourist attractions like Navy Pier are unsafe and lack police support. Last Summer Was Bad, This Summer Will Be Much Worse Last summer gang violence ruled the night at Leland and Sheridan , a neighborhood in the process of gentrifying. In the upscale Lincoln Park area, just a little further south of this unrest, men alone at night were accosted by groups of three to six men and severely beaten, robbed, and hospitalized. Seven muggings occurred in a five-day period from July 30 to August 4, 2009 . This kind of activity was unusual for these areas of Chicago until last summer. Current Escalating Violent Crime and Chicago’s Prime Lakefront Areas Shootings are way up in Chicago, and ordinary citizens–along with shorthanded police–are angry. Chicago has a gun ban, yet on Wednesday, May 19, Thomas Wortham IV, a Chicago police officer and Iraq War veteran, was shot when four gang members attempted to steal the new motorcycle the officer had brought to show his father, a retired police officer. Shots were fired, and his father saw the skirmish, ran for his gun, and managed to get off a few rounds. Two gang members were shot while two sped away dragging his fallen son’s body some distance in the process. Nine people were shot on Sunday night (May 24), and Chicago is currently in the grips of a massive crime wave that has overwhelmed our under funded police force. Gangland violence and shootings now occur up and down Chicago’s lakefront. An anonymous Chicago policeman reports what most of the mainstream media fails to report at secondcitycop.blogspot.com . The comments under the section titled “Lakefront Problems” are particularly illuminating. I don’t believe that Chicago is alone in having a recession-related escalating crime problem. High unemployment combined with under-funded shorthanded police forces make for a toxic brew. No matter how “advanced” the police force, men cannot outrun bullets. During a recession, the police force requires a larger budget, not budget cuts. Since the money has been spent, I suspect the public will be fed cooked statistics instead of being given the facts. Janet Tavakoli’s book on the causes of the global financial meltdown and how to fix it is Dear Mr. Buffett: What an Investor Learns 1,269 Miles from Wall Street .

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Janet Tavakoli: U.S. Recession Breeds Escalating Violent Crime

May 25, 2010

The Wall Street Journal reported that violent crime is down in the big cities in the U.S. saying this breaks the pattern between economic downturns and an increase in crime. (” Violent Crime Falls Sharply ,” Evan Perez, WSJ , May 25, 2010.) Supposedly this is because policing has advanced, not because human nature has changed. I do not believe the article is plausible. If Chicago is any indication, it is much more likely the statistics are being doctored and that the public is being lied to in a profound way. Many cities and states are strapped for cash and the public doesn’t want to hear that crime is up while police budgets are being cut. Chicago wasn’t mentioned in the article, but violent crime is way up, and the police force has been cut. I believe this increased violence is related to the economy, and it is not mere crime, it is civil unrest. The city of Chicago is being wrecked, and tourist attractions like Navy Pier are unsafe and lack police support. Last Summer Was Bad, This Summer Will Be Much Worse Last summer gang violence ruled the night at Leland and Sheridan , a neighborhood in the process of gentrifying. In the upscale Lincoln Park area, just a little further south of this unrest, men alone at night were accosted by groups of three to six men and severely beaten, robbed, and hospitalized. Seven muggings occurred in a five-day period from July 30 to August 4, 2009 . This kind of activity was unusual for these areas of Chicago until last summer. Current Escalating Violent Crime and Chicago’s Prime Lakefront Areas Shootings are way up in Chicago, and ordinary citizens–along with shorthanded police–are angry. Chicago has a gun ban, yet on Wednesday, May 19, Thomas Wortham IV, a Chicago police officer and Iraq War veteran, was shot when four gang members attempted to steal the new motorcycle the officer had brought to show his father, a retired police officer. Shots were fired, and his father saw the skirmish, ran for his gun, and managed to get off a few rounds. Two gang members were shot while two sped away dragging his fallen son’s body some distance in the process. Nine people were shot on Sunday night (May 24), and Chicago is currently in the grips of a massive crime wave that has overwhelmed our under funded police force. Gangland violence and shootings now occur up and down Chicago’s lakefront. An anonymous Chicago policeman reports what most of the mainstream media fails to report at secondcitycop.blogspot.com . The comments under the section titled “Lakefront Problems” are particularly illuminating. I don’t believe that Chicago is alone in having a recession-related escalating crime problem. High unemployment combined with under-funded shorthanded police forces make for a toxic brew. No matter how “advanced” the police force, men cannot outrun bullets. During a recession, the police force requires a larger budget, not budget cuts. Since the money has been spent, I suspect the public will be fed cooked statistics instead of being given the facts. Janet Tavakoli’s book on the causes of the global financial meltdown and how to fix it is Dear Mr. Buffett: What an Investor Learns 1,269 Miles from Wall Street .

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Adele Scheele: Or, should I Just Start My Own Business?

May 10, 2010

Still no job? Isn’t it time to stop waiting for someone to hire you and start taking matters into your own hands? How about starting your own business? Well, that’s the current counsel from some quarters. And it sounds like a great idea especially when we hear such promising stories: a laid-off mid-manager selling her artisanal marmalade to local shops; a lawyer photographing weddings; a teacher attending a franchise fair with a check in her hand. These tales sound oh-so-tempting. Being your own boss is at the heart of the American Dream. And it’s no wonder it is such a common fantasy: the idea of ownership taps into our profound longing for freedom — freedom from bosses, restrictive policies, glass ceilings, and everything else that robs you of rewards, both financial and creative. But is it really right for you? Do you have what it takes to become an entrepreneur? The French root, prendre, means to take. And when you start your own business, you must take on massive responsibility and total risk for any future gains or profit, however delayed they are. So, can you do it? Here are some quick questions that might resolve whether you have what it takes. Just answer Yes or No. Be brutally honest with yourself. Recall your past experiences — or lack thereof — to support your answers to the following: 1. Do I initiate projects and carry them through successfully? 2. Have I managed projects well without supervision? 3. Have I enjoyed being in charge? 4. Can I hire and fire others when necessary? 5. Can I delegate work? 6. Can I criticize others’ work when and get what I need from them? 7. Can I negotiate and compromise without feeling that I am selling out? 8. Do I have abundant energy? 9. Can I delay gratification to attain a goal? If you answer mostly No, you need to recognize that this form of enterprise is not for you, at least not yet. After all, most of us are used to the discipline of structure and fulfilling the tasks required of us. Don’t feel bad if you like, even thrive, working for a boss. The upside is that there are plenty more jobs and opportunities. So, being an entrepreneur is just not your style. If you answer mostly Yes, your risk-taking skills suggest that you can be adept at taking chances. Experiment first by working for an established entrepreneur to see how it’s done and test the process to see if you like it before you go out for something you are unprepared for. If all your answers are Yes, you are most likely ready to start on your own. Alternatively, your high score can suggest that you’re ripe for an even higher level of management. You might consider that position now. This could work in surprising ways, taking you out of your comfort zone, a good thing, but not out of your career. Know that business owners and entrepreneurs are not just born. I coach many such people and witness them evolving in the process. Business owners have to develop a set of skills that they practice throughout their lives. I call this skill set, Risking Linking. Linking, of course, is connecting to people – in person and online – in meaningful ways of exchange. Risking is more difficult to understand and requires much more than just time and money, though it will take plenty of both. It demands that we act despite our profound fears that we aren’t good enough. There is no cure for anxiety or timidity except to keep practicing this skill, which will, in time, prune our terrors. A career coach can help you overcome your own self-imposed limitations – invaluable lessons. If you are ready, find groups that will support your ideas whether in person or online. Sample local networking meetings, powerful places– but only if you become an active member. Just attending doesn’t do it. Use your entrepreneurial spirit to start an exchange that can lead to your next step. Find and use a civic or professional association to practice leadership skills and meet others who can become or introduce you to investors. Interview members, including the group’s officers, for their success stories. Volunteer for a committee or task relating to the business you want to start or buy in order to segue into brainstorming and planning. Make your luck happen! Dr Adele Dr Adele.com Author, Skills for Success

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Trail of Fraud-Tarred Financial Firms Leads to Job Security for Blankfein

May 5, 2010

By James Sterngold May 6 (Bloomberg) — Goldman Sachs Group Inc. Chief Executive Officer Lloyd C. Blankfein may take comfort from Wall Street’s legal history: Even after being sued for fraud by regulators and paying multimillion-dollar fines, the biggest financial firms rarely depose their leaders. Citigroup Inc., Goldman and Merrill Lynch & Co. were among 10 firms that agreed to pay $1.4 billion in 2003 to settle claims that analysts manipulated recommendations. Not one CEO lost his job over the claims. There was a similar result in 2006, when Citigroup and Goldman Sachs were among lenders that paid $13 million for manipulating the market for auction-rate bonds. That same year Bear Stearns Cos. paid $250 million to settle SEC claims it had helped clients break mutual-fund trading rules. CEO James “Jimmy” Cayne didn’t just keep his job — he accepted a total 2006 payout of almost $34 million. “It’s now very, very unusual for the CEO to be forced out unless he was directly involved in the behavior,” said James Coffman , who retired as an assistant director of enforcement at the SEC in 2007 after a nearly three-decade career at the agency. Not every Wall Street chief has survived an SEC case. Bank of America Corp. CEO Kenneth Lewis announced his exit in September, a month after the SEC sued the bank, saying the decision was his alone. John Gutfreund left in 1991 as CEO of Salomon Brothers Inc., where he had spent 38 years, after allegations it had manipulated a U.S. Treasury bond auction. The firm later paid a $290 million fine. ‘Fell on My Sword’  “Our lawyers said I shouldn’t resign, but I fell on my sword to save the company,” the 80-year-old Gutfreund, who paid a $100,000 fine himself, said in an interview this week. “I felt the company was in jeopardy and that I could protect it by leaving, and that’s what they would have to think about” at Goldman, he said. Salomon later said that it had fired Gutfreund, the New York Times has reported. For Blankfein, 55, the predicament may be different because of the volume of public anger, media scrutiny and political hostility in the wake of the worst financial crisis since the Great Depression. “Goldman is going to have to pay a high price for its ineptitude in handling this issue,” Rochdale Securities LLC analyst Richard Bove wrote in a May 2 report. “High-level executives are going to have to be removed from their positions both in the management suite and from the board of directors.” Bove nevertheless recommends investors buy shares of “the best trading company in the world.” Goldman’s Reputation Blankfein’s future may be determined by the board at New York-based Goldman Sachs and its assessment of whether he can manage the litigation, the public and Congress without damaging the firm’s reputation or share price, said Jennifer Arlen , a New York University Law School professor and who specialized in the prosecution of corporations. Blankfein would be forced out only if directors decide his resignation is the sole way to restore the firm’s credibility, she said. “The question for the board is if they believe Goldman is being pursued for political reasons or if management is mismanaging the process and needs to be replaced,” Arlen said. “They have faced so much anger that you have to ask, how could this get so far? Did the executives mismanage the process or is this just a hostile environment? That’s the question for the board.” Blankfein’s Defense Blankfein, who was among Goldman Sachs executives grilled at a Senate hearing last week, says his firm did nothing wrong and had no duty to tell customers who bought a collateralized debt obligation that the bank was betting against the security. Goldman Sachs calls the claims “completely unfounded in law and fact” and said it would “vigorously contest them and defend the firm and its reputation.” Since 2001, when the SEC said companies that promptly disclose suspicions of wrongdoing and cooperate with investigators may receive lighter penalties, CEOs have been forced out only when they were personally involved in improprieties or if the misdeeds were systematic or involved a failure to supervise properly, said Joseph Grundfest , a former SEC commissioner who is now co-director of Stanford University’s Rock Center for Corporate Governance. “I just don’t see the vectors lining up for Lloyd Blankfein to step down unless there is new information that changes that perspective,” Grundfest said. Game Changer That could change if government authorities decide to bring criminal charges against Goldman Sachs. Arthur Andersen LLP surrendered its accounting license after being convicted in 2002 of shredding documents relating to the Enron Corp. scandal. Drexel Burnham Lambert Inc. filed for bankruptcy in 1990, a year after the firm pleaded no contest to six felony counts and paid a $650 million fine to settle an SEC fraud suit. “Criminal charges are the game changer,” said Gerald Rosenfeld , deputy chairman of Rothschild North America Inc. and co-head of the business and law program at New York University. “If Goldman were to be criminally charged, then all bets are off. It’s sort of a truism on Wall Street that no securities firm can survive in such a regulated industry if the firm is indicted.” To contact the reporter on this story: James Sterngold in New York at jsterngold2@bloomberg.net .

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Netanyahu Says He Will Know in Days If Talks With Palestinians to Proceed

April 25, 2010

By Gwen Ackerman April 25 (Bloomberg) — Israeli Prime Minister Benjamin Netanyahu said today he will know soon if the peace process will move forward, after he met with U.S. Middle East envoy George Mitchell . Mitchell had “positive and productive talks” with Israeli and Palestinian leaders in his three-day visit, an e-mailed statement from the U.S. Embassy said. The visit was the latest attempt to get Israel and the Palestinians to agree to U.S.- mediated indirect talks. “Israel wants the peace process to start immediately,” Netanyahu said today in comments broadcast on Army Radio. “The U.S. wants the process to start immediately, and I can only hope the Palestinians want to start the process immediately.” The Israeli leader said he will know “in the next few days” if negotiations will resume. Talks between Israel and the Palestinians stalled in December 2008 at the start of an Israeli military operation in the Hamas-controlled Gaza Strip that Israel said was aimed at stopping rocket attacks on its southern towns and cities. U.S. efforts to get the sides to resume negotiations have been stymied by Israeli plans to build 1,600 new homes for Jews in a part of Jerusalem captured from Jordan in the 1967 Middle East War and which the Palestinians seek as the capital of a future state. Palestinian Authority President Mahmoud Abbas has demanded the building plans be frozen before indirect talks can begin. Netanyahu has said Israel will continue to build in Jerusalem. Mitchell, who also met with Abbas, plans to return to the region next week, the embassy statement said. To contact the reporter on this story: Gwen Ackerman in Jerusalem at gackerman@bloomberg.net

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