text:
Tuesday, April 30, 2013
Youngdahl on Investment Consultants and Institutional Corruption
Jay Yougdahl (Harvard University - Edmond J. Safra Center for Ethics) has recently posted on SSRN his new piece entitled: Investment Consultants and Institutional Corruption.
Here is the abstract:
Analyses of the financial crisis of 2007-2009 and the continuing effects of a difficult investing environment have largely focused on factors such as the roles of failed and complex financial products, inadequate credit rating agencies, and ineffective government regulators. Nearly unexamined, however, is a key group of actors in the financial landscape, investment consultants. Investment consultants stand as gatekeepers between large investors, such as private and public retirement funds, and those from "Wall Street" who design and sell financial products. Investment consultants hired by these asset owners practically control many investment decisions. Yet, as a whole the profession failed to protect asset owners in the recent financial crisis and has yet to engage in serious self-examination. Much of the reason for the failure can be traced to institutional corruption, which takes the form of conflicts of interest, dependencies, and pay-to-play activity. In addition, a claimed ability to accurately predict the financial future, an ambiguous legal landscape, and a tainted financial environment provide a fertile soil for institutional corruption. This institutional corruption erodes the confidence and effectiveness of the retirement and investment systems today. While not proposing a comprehensive system of reform, this article illuminates a way forward for those in the industry who have the desire to address and implement necessary corrective activity.
This is a timely and provocative contribution by Jay. In light of the increased movement from traditional pension to consumer driven defined contribution plans like 401ks, there is a very significant role being played by investment consultants in the pension world today, perhaps more than ever.
This role is largely misunderstood or ignored by many who practice ERISA law, and of course, by many plan participants and beneficiaries. It will be interesting to see what impact this paper may have on the increasing reliance on 401ks on the one hand, and the new trend among larger companies (like GM and Verizon) to derisk their pension obligations by purchasing group annunity contracts from large insurers (like Prudential) on the other.
Investment Consultants and Institutional Corruption
Jay Youngdahl
Harvard University - Edmond J. Safra Center for Ethics
April 25, 2013
Edmond J. Safra Working Papers, No. 7
Analyses of the financial crisis of 2007-2009 and the continuing effects of a difficult investing environment have largely focused on factors such as the roles of failed and complex financial products, inadequate credit rating agencies, and ineffective government regulators. Nearly unexamined, however, is a key group of actors in the financial landscape, investment consultants. Investment consultants stand as gatekeepers between large investors, such as private and public retirement funds, and those from "Wall Street" who design and sell financial products. Investment consultants hired by these asset owners practically control many investment decisions. Yet, as a whole the profession failed to protect asset owners in the recent financial crisis and has yet to engage in serious self-examination. Much of the reason for the failure can be traced to institutional corruption, which takes the form of conflicts of interest, dependencies, and pay-to-play activity. In addition, a claimed ability to accurately predict the financial future, an ambiguous legal landscape, and a tainted financial environment provide a fertile soil for institutional corruption. This institutional corruption erodes the confidence and effectiveness of the retirement and investment systems today. While not proposing a comprehensive system of reform, this article illuminates a way forward for those in the industry who have the desire to address and implement necessary corrective activity.
April 30, 2013 in Pension and Benefits, Scholarship | Permalink | Comments (0) | TrackBack (0)
Slater on Interest Arbitration
Joe Slater (Toledo) just posted on SSRN his article (OSJDR) Interest Arbitration as Alternative Dispute Resolution: The History from 1919 to 2011. Here's the abstract:
This paper comes from a February 2012 Symposium, "The Role of ADR Mechanisms in Public Sector Labor Disputes: What Is at Stake, Where We Can Improve & How We Can Learn from the Private Sector." It discusses the history of an important form of alternative dispute resolution: the use of what is called "interest arbitration" to resolve bargaining impasses in public-sector labor relations. This process is used in many states as an alternative to strikes. While interest arbitration has been a crucial part of public-sector labor law and labor relations for decades, it has come under increased scrutiny recently. Indeed, in the wave of laws passed in 2011 restricting the rights of public-sector unions to bargain collectively, interest arbitration was repeatedly attacked, and in several states it was eliminated or restricted.
This paper gives a historical overview of the development of interest arbitration, discussing how and why it developed as it did. This development was neither inevitable nor "natural" in that many other western democracies generally allow public workers to strike. But only a few states in the U.S. allows any public workers to strike. Thus, the question is: why did U.S. law and policy develop the way it did? This paper traces the relevant history from 1919 through to the new, restrictive laws of 2011. It starts with the Boston Police strike of 1919 — a seminal event in the history of public-sector labor law, that had a profound and lasting impact on how U.S. policymakers felt about dispute resolution in public sector labor law. It then turns to the first public-sector labor law permitting collective bargaining — passed, ironically in view of recent events, in Wisconsin in 1959 — and describes how concerns about dispute resolution were central to debates over that law. The paper continues by explaining how interest arbitration in public-sector labor relations has evolved and how it has worked from the 1960s into the 21st century. Finally, the paper explores the very recent developments in this area in the laws of 2011.
April 30, 2013 in Arbitration, Labor Law, Labor/Employment History, Scholarship | Permalink | Comments (0) | TrackBack (0)
More on Seiner's Post-Dukes Advice
Another shout out for Joe Seiner's (SC) recent article, "Weathering Wal-Mart," on post-Dukes class action lawyering. Thomson-Reuters recently did a story on his article. Some highlights:
"I do think there is a hunger for what are some of the procedural avenues to overcome the decision," Seiner said in an interview. "How can we achieve a class action? "That's where I'm trying to push the discussion." . . .
He prescribes three broad approaches. First, he writes, the EEOC, as a government plaintiff, is not bound by Dukes and should bring more broad-scale cases involving workplace discrimination. While noting that the EEOC is "historically underfunded," Seiner says the agency can nevertheless achieve meaningful injunctive and monetary relief.
Next, Seiner turns to procedural responses. When trying individual cases, plaintiffs' attorneys should make better use of collateral estoppel, the doctrine that says that a determination in one case should affect a related matter. . . .
Finally, Seiner writes, plaintiffs' lawyers should try to "cabin" Wal-Mart, by which he means making sure the decision applies only to the very, very large class actions such as Dukes. They should also try to take the decision "at its word," by flooding the courts with separate individual lawsuits.
In the article, Joe also notes that his next step maybe to focus more on practioners' ideas. So I think I can speak for him in saying he'd love to hear from any of you with additional thoughts.
Hat Tip: Suja Thomas
April 30, 2013 in Employment Discrimination, Scholarship | Permalink | Comments (0) | TrackBack (0)
Monday, April 29, 2013
Bagchi Selected As One of New York Law Journal's 2013 Rising Stars
From Dean Michael Martin at Fordham Law School:
Please join me in congratulating Fordham Law Associate Professor Aditi Bagchi on her selection as one of the New York Law Journal's 2013 Rising Stars. She is the only law professor among 44 honorees selected from more than 200 nominations of young lawyers who have established a record of accomplishments and demonstrated that they are top contributors to the practice of law and their communities. Read the NYLJ announcement.
Professor Bagchi—Fordham Law's youngest tenured faculty member—has rapidly established herself as a leading academic in the field of contract law. As the recent recession has caused policymakers to reconsider methods of economic regulation, she has offered ways to reconcile interests in efficiency and equity within existing common law traditions. Her scholarship includes philosophical analysis of the nature of contractual obligation as well as detailed analysis of particular classes of contract, especially employment agreements.
Congratulations, Aditi! Well deserved.
Hat Tip: Mike Zimmer
April 29, 2013 in Faculty News | Permalink | Comments (0) | TrackBack (0)
Conference: Violence, Health, & Labour
Daria Chernyaeva (National Reasearch University - Higher School of Economics, Moscow) sends word that our Spanish colleague prof. Lourdes Mendez has asked her to spread the word on an International Conference devoted to the "Violence, health and labour in the time of crisis" that is about to take place in the middle of July this year at the Law Faculty of the University of Santiago de Compostela (Spain). Proceedings will be held in, or translated to, Spanish, English, French, and Portuguese. Here's the tentative program; for more information, contact prof. Mendez directly.
April 29, 2013 in Conferences & Colloquia | Permalink | Comments (0) | TrackBack (0)
Friday, April 26, 2013
NLRB Files For Cert. in Noel Canning
Yesterday, the NLRB filed a cert. petition with the Supreme Court to overturn the D.C. Circuit's decision in Noel Canning. You can see the petition here. Lyle Dennison at SCOTUSblog has a nice summary of the issue here, including the fact that it's highly unlikely that the Court will hear the issue this term, leaving the NLRB twisting in the wind for a while longer.
Given the delay in resolving the issue, were largely back to where we were before: One settled NLRB member, whose term is expiring later this year and who has been renominated; two recess appointments whose status is up in the air and who have been renominated; and two new nominees. Basically, by the end of the year it's possible the the NLRB will have a full five members, no members, or something in between (how's that for covering all the bases?). The Senate has scheduled hearings on the pending nominations for May, but I don't know how seriously to take that. Stay tuned.
Hat Tip: Patrick Kavanagh
April 26, 2013 in Labor and Employment News, Labor Law | Permalink | Comments (0) | TrackBack (0)
Thursday, April 25, 2013
McCormick and Sperino Receive Teaching Awards
April 25, 2013 in Faculty News | Permalink | Comments (0) | TrackBack (0)
ISO Chapters on Foreign Labor and Employment Laws
Oxford University Press is publishing a book titled "Global Labor and Employment Law: Reports From Law Offices Worldwide," which is being edited by Sam Estreicher (NYU), Michael Gray (Jones Day), and myself. It is going to be a comprehensive book, both in the topics covered as well as the number of countries we have chapters for. Thanks to many attorneys at Jones Day and elsewhere, in addition to academics, we've got most of what we need, but there are a few holes. Below are a list of countries that we'd like to have chapters on--if you're knowledge about the labor and employment laws in any of these countries and would like to join what look to be a great book (I'm only a bit biased), please send me an email: [email protected].
- Thailand
- Cambodia
- Poland
- Czech RepubliC
- HUngary
- Egypt
April 25, 2013 in Labor and Employment News, Scholarship | Permalink | Comments (0) | TrackBack (0)
Hooter's Waitress Alleges That Brain Surgery Resulted In Her Losing To Her Job
A waitress at a Missouri Hooter's restaurant alleges that her post-brain surgery appearance cost her her job. Following the removal of a brain tumor, her bosses at Hooters ordered her to wear a wig to cover up her bald head and surgical scar. She responded that she couldn't afford a wig (Hooter's didn't offer to pay for it) and when she tried to wear a borrowed one, it hurt her healing wound. Then, according the the waitress, her hours were reduced so much that she had to quit. Our own Marcia McCormick was quoted on her ADA suit in the ABC News story:
Marcia McCormick, an associate professor of law at St. Louis University, said Lupo's surgery to remove a brain mass qualifies as a disability, but that Hooters could argue that her appearance was a bona fide qualification for her job.
"In the disability context, if Hooters is to say she's not as attractive now without this wig, if they're selling her attractiveness that might be a real function of her job and mean she isn't qualified by the Americans With Disabilities Act," McCormick said.
"Most companies can't say something like this, but Hooters sells this experience," she said.
There's at least something of a good ending, no matter what happens to the case, as the waitress, who was a nursing student at the time, is now employed as a trauma nurse.
Hat Tip: Joe Seiner
April 25, 2013 in Disability, Employment Discrimination, Labor and Employment News | Permalink | Comments (3) | TrackBack (0)
Wednesday, April 24, 2013
Long & Sperino on Diminishing Retaliation Liability
Alex Long (Tennessee) and Sandra Sperino (Cincinnati) has just had their essay, "Diminishing Retaliation Liability" published in the NYU Law Review Online. The essay's introduction:
Over the past decade, courts have often construed statutory provisions relating to workplace retaliation liberally, interpreting them to provide protections for employees who complained about discrimination against themselves or others. However, a recent decision by the Fifth Circuit Court of Appeals demonstrates that courts may begin to scale back the gains made by employees in retaliation cases by applying agency principles to limit employer liability for retaliation.
An interesting topic from two folks who know their retaliation law, so check it out.
April 24, 2013 in Scholarship | Permalink | Comments (1) | TrackBack (0)
Tuesday, April 23, 2013
The Peggy Browning Fund's Take on the Academic Future of Labor and Employment Law
Continuing a conversation that was started on this blog a couple of weeks, Joe Lurie of the Peggy Browning Fund writes to provide his take on the academic future of labor and employment law in the greater legal academy and what his group, the Peggy Browning Fund, is doing to help to ensure the future of labor law in particular:
As most of you know, the Peggy Browning Fund's core mission is educating law students as to the rights and needs of workers. As recently as 20 years ago, law schools across the country recognized this educational goal as an important part of their curriculum. Unfortunately, today this is no longer the case. On April 11, 2013, Reuters reported that Professor Paul Secunda, who teaches labor and employment law at Marquette University School of Law, stated that "law schools give labor and employment law short shrift." Professsor Secunda went on to say that "hiring among law school professors specializing in labor and employment dropped this year, and the field is overlooked at many law schools."
Thanks to your help, we have made, and continue to make, an impact in the education and recruitment of young lawyers for the labor movement. Our 10-week summer fellowship program and our annual National Law Students Workers' Rights Conference provide the training and education many law students want but do not receive in law school. We offer law students wide-ranging opportunities to work for social and economic justice. Building on these opportunities, many of our alumni have gone on to work for unions, the National Labor Relations Board, the U.S. Department of Labor, worker centers and union-side law firms.
Law schools have created a vacuum in labor law and employment law legal education. Even though we are proud of increasing the number of fellows we placed to 70 positions, we cannot begin to fill this vacuum. This year we received well over 500 applications for the 70 fellowship positions we can afford to offer. The waiting list for unions and worker centers wanting our students is long and continues to grow. With your help, we can continue to strengthen the labor movement by educating the next generation of lawyers committed to working for economic and social justice.
Thanks to Joe and the Peggy Browning Fund for penning this piece and I can state from personal experience that my students over the years have very much enjoyed participating in the group's national conference and fellowship programs.
Just another avenue (albeit on the union side of things) for providing the labor and employment law skills and education students need to be successful attorneys in this vital area of study.
April 23, 2013 in Commentary, Conferences & Colloquia | Permalink | Comments (0) | TrackBack (0)
Labor Law Makes an Appearance on The Good Wife
From Harris Freeman (Western New England), a lighter entry on pedagogy and popular culture. Harris writes:
A rare cultural phenomena – labor issues driving the plot of a prime-time TV show. This week's episode of The Good Wife (#21), a legal drama on CBS starring Julianna Marguiles, featured a plot devoted to labor law: Attorney Alicia Florick (Marguiles) was 'tricked/coaxed' into representing a group of computer coders at a software company who sought to form a union.
Much to my surprise, a series of hearings before an administrative law judge at the NLRB provided the adjudicatory framework. Legal issues included whether: workers were employees; engaged in concerted activity; suffered from discrimination because they chose to form a union, and; whether employer electronic surveillance was lawful. What's more, the firm's representation of these employees proved a catalyst for the law firm's administrative staff to complain about their own workplace conditions and a justifiably cynical take on how employers "lawfully" handle employee dissatisfaction.
If you can get a hold of the episode, excerpts would make for some effective use of popular TV culture for classroom teaching and conversation. A summary of the episode is available at Entertainment Weekly here.
Does all this also mean that labor law is again bubbling up in Americans' consciousness? Have the events of Wisconsin, Michigan, and the NLRB finally got some in Hollywood to take notice of the importance of these issues to the future of our country?
OK, probably not. But one can dream.
April 23, 2013 in Commentary, Teaching | Permalink | Comments (1) | TrackBack (0)
Monday, April 22, 2013
Bisom-Rapp on Cert in Another ATC Case
Thanks to Susan Bisom-Rapp (Thomas Jefferson) for sending us this:
This morning the Supreme Court agreed to hear another Alien Tort Statute case, DaimlerChrysler AG v. Bauman. The defendant is a German corporation sued for human rights violations allegedly perpetrated by its Argentine subsidiary. The plaintiffs are former employees and family members of former employees from an auto plant in Argentina, and they allege that during the Argentine dirty war the subsidiary labeled the former employees as subversives. Those employees were subsequently detained by security forces and some "disappeared." The connection to the U.S. is that DaimlerChrysler sells automobiles in the U.S. via its U.S. subsidiary. Whether that connection will be enough to supply jurisdiction under the ATS is the open question after last week's decision in Kiobel. Here is a link to a post about the case on SCOTUSblog.
April 22, 2013 in Labor and Employment News | Permalink | Comments (0) | TrackBack (0)
King and Spalding's Surprising New Email Policy
One of the areas that I have recently been researching regards the impact of technology of employees' expectations of privacy while at work or engaged in work outside of the workplace. Though not completely related, now comes word that a large law firm, King & Spalding, has put into place a very aggressive email policy. Here are some excerpts of that policy:
New Policy Prohibiting Access to Non-King & Spalding Email Accounts ("Personal Email Accounts") from Firm Computers
The firm's internal security experts, as well as our outside security experts, have advised us that accessing Personal Email Accounts from firm computers creates a significant security risk. Therefore, effective May 1, 2013, access to Personal Email Accounts (i.e., anything other than your kslaw.com email, including, but not limited, to personal email accounts like Gmail, Yahoo, Hotmail, cable company, etc.) from King & Spalding computers will no longer be permitted.
Most personal email sites will be blocked while you are on the firm's network. However, you should not access Personal Email Accounts from a firm computer, even if you are not automatically blocked when trying to do so. For example, you should not access Personal Email Accounts from a firm laptop, even when the laptop is not connected to the firm's network (i.e., from your home network, a hotel internet, etc.). The firm's computer systems hold confidential information about our clients and the firm and, as you know from reading articles in the press, individual users who innocently click on malicious e-mails are often the cause of security breaches. We need your help in protecting our systems by following this and other security related policies, even when you can do things that you are not supposed to do . . . .
Permissible Ways of Accessing Personal Email Accounts
The prohibition against accessing Personal Email Accounts from firm computers does not impact your ability to access Personal Email Accounts such as Gmail, Yahoo or Hotmail from your own personal devices (e.g., smartphones, iPads, tablets, personal laptops, etc.) while at the firm . . . .
Clearly, K&S has acted decisively to protect against leaks of confidential information and perhaps against compromosing their system through viruses and other malware. Although this policy would appear to diminsih whatever expectations of privacy individuals have in personal email use during work, other cases, under the Electroic Communication Privacy Act (EPCA) stand for the proposition that whereas an employer has the ability to monitor work emails and other computer use for company violations, they do not have the same ability to monitor personal email accounts.
Perhaps because of the inability to monitor personal email accounts, the firm decided to just prohibit all access to such email period. I wonder whether there will be pushback from employees, or under current law, do employers like K&S have carte blanche when making these types of decisions in the workplace concerning email and use of technology?
April 22, 2013 in Workplace Trends | Permalink | Comments (3) | TrackBack (0)
Monahan Receives ALI Young Scholars Medal
Congratulations to Amy Monahan (Minnesota), who is one of two law professors receiving American Law Institute's Young Scholar's Medal. Here are some excerpts from ALI's press release:
Justice Goodwin Liu of the California Supreme Court who chaired the Young Scholars Medal Selection Committee, said "Professor Monahan's work on public pension reform and employee benefits has contributed significantly to some of the most important debates now playing out at the local, state, and federal levels."
Professor Monahan's scholarship centers on the intersection of health care reform and public sector pensions. Her teaching and research focuses primarily on the topics of taxation and employee benefits. She has written 17 articles or book chapters since the beginning of her law teaching career. Professor Monahan holds a J.D. from Duke University School of Law and a B.A. in international studies from Johns Hopkins University.
"Amy has rapidly established herself as one of the country's top scholars in health policy and employee benefits law," said David Wippman, the dean of the University of Minnesota Law School. "She's also a terrific teacher and colleague and richly deserves the Young Scholars Medal."
April 22, 2013 in Faculty News, Pension and Benefits, Public Employment Law | Permalink | Comments (0) | TrackBack (0)
An ERISA Update: Some Thoughts on McCutchen and Heimeshoff
Last week was a momentous week for those of us who teach and practice employee benefits law under ERISA.
First, the United States Supreme Court decided the reimbursement case of U.S. Airways v. McCutchen. The syllabus is provided here in a post by Jeff from last week, but the long and the short is that U.S. Airways, a self-insured health plan provider, had provided medical benefits (some $67,000) to a participant (McCutchen) of their plan injured in a car accident. Although U.S. Airways paid for the medicial expenses arising from the accident, when McCutchen received a settlement of his claim against the third-party tortfeasor (about $110,000), U.S. Airways exercised its rights under the plan's reimbursement clause to recover the amount it had already paid to McCutchen. This would be mean that McCutchen would lose his full recovery because in addition to paying back U.S. Airways for the medical expenses, he owed a 40% contingency fee to his attorneys. He sought the use of two equitable doctrines - unjust enrichement based on double recovery and the common fund doctrine - to mitigate this harsh result.
The Court in McCutchen found that this was a contractual matter and that the plan terms overrode any possible equitable principles, as long as the terms of the plan were clear. Although the reimbursement clause was clear with regard to U.S. Airways being able to collect the full amount it previously payed out in medical expenses and therefore equitable theories of unjust enrichment were unavailable, the plan was silent on how attorney fees should be split be McCuthchen and the company. Thus, the majorty five Justices applied the common fund doctrine to require U.S. Airways to ratably play its share of McCutchen's attorney fees.
Few take away points from McCutchen:
1) It would seem, a la Firestone, that plans henceforth could write their reimbursement clauses in their plans to make clear that the common fund doctrine does not apply and companies are not responsible for attorney fees. That would mean, without equitable principles available, participants like McCutchen could actually end up coming out behind after suing the third-party for their injures. As other have pointed out, however, companies may think twice before adding such language to their plans for fear that attorneys will not take such cases and/or participants will just not decide to sue the third-party since they would be worse off if they did.
2. It is strange that the Court that has gone previously out of its way to say that ERISA is imbued with trust law, would treat this issue as a purely contractual matter. The Court, in deciding the standard of review in denial of benefit claim cases in Firestone and Glenn, came to the exactly opposite result and found that trust law principles applied. Although Firestone was a 502(a)(1)(B) denial of benefit plan case and McCutchen is a 502(a)(3) claim for appropriate equitable relief under the terms of the pan, both provisions have been historically construed with trust law in mind, not contract law. Of course, trust law would have more likely provided the equitable remedies that McCutchen was seeking.
3. Applying contract principles seems particularly unfair in this context because employee benefit plans are essentially adhesion contracts. Not only are participants unlikely to understand and know about such reimbursement clause provisions in their benefit plans, but even if they do, they would not be able to negotiate in any meaningful way with their employer over changing the terms of the plan. This is a true take-it-or-leave-it proposition. This is why contract law is unsuited to 502(a)(3) for appropriate equitable relief and why trust law, given that the funds are placed in trust for the benefit of participants and beneficiaries, is the far better and appropriate model.
So, McCutchen seems wrong to me on many levels. What is depressing is not only that the usual Justices are aligned against ERISA plaintiffs, but normal allies of plaintiffs on the Court just don't seem to understand the consequence of their decision in a case like this. In short, ERISA continues to baffles the Supreme Court.
All this does not bode well for ERISA plaintiffs in the case the Supreme Court granted cert in last week, Heimeshoff v. Hartford. This case concerns when the statute of limitations should begin to run in a case where a participant seeks disability benefits under an employer's welfare benefit plan. ERISA only has a statutory SOL provision for breach of fiduciary claims, and courts usually look to state law analogs to find SOLs for denial of benefit claims like this one. However, the issue is not what the appropriate SOL is, but rather, when does that SOL begin to run?
Here is a summary of the case and the question presented from Proskauer's ERISA Practice Center Blog:
Heimeshoff had been a Wal-Mart employee for nearly twenty years. In 2005, she filed a claim for long term disability benefits as a result of various ailments caused by fibromyalgia. Hartford's plan provided that its three-year limitations period ran from the time that proof of loss was due under the plan. Here, even accepting Heimeshoff's arguments, the latest she could have filed a proof of loss was in September 2007, and she did not commence her lawsuit until November 2010.
The Second Circuit concluded that Connecticut law permits parties to an insurance contract to shorten the state-prescribed statute of limitations, and also permits the statute of limitations under an ERISA plan to begin before a claimant can bring a legal action. Accordingly, it held that the district court had properly dismissed Heimeshoff's claim as untimely since she had filed her lawsuit several months after the three year period had expired.
The Supreme Court agreed to address the following question: "When should a statute of limitations accrue for judicial review of an ERISA disability adverse benefit determination?" According to the petition, the Circuits have not uniformly answered this question.
This is really an interesting question from a number of different stand-points:
1. From a preemption standpoint, it would appear that state law would apply, and override Hartford's insurance language to the contrary, since this is insured disability plan subject to state law insurance regulations since it is a law regulating insurance under ERISA Section 514(a)(2)(A) and saved from ERISA preemption. In fact, it reminds one of the California notice-prejudice rule in the Court's UNUM v. Ward case from 1999 where the state law was found to be saved from preemption. Yet, the Second Circuit concludes that under Connecticut insurance law, an insurer can shorten the statute of limitations in an insurance contract; but the Second Circuit then says the question of when a statute of limitations begins to run is a matter of federal law.
2. If federal applies, as the Second Circuit suggests, the federal law would appear to be based on the ERISA principles that generally written terms of the plan should be enforced as written. Of course, this is why the Court ends up deciding that Heimeshoff's disability claim must be dismissed under the applicable SOL. This conclusion also resonates with the contract-based analysis in McCutchen which says equitable principles cannot override a clearly written benefit plan provision.
3. On the other hand, if state law applied under the preemption analysis above, it could be possible that different insurance laws from different states might provide that such provisions like Hartford's violate laws that require insurance companies to explain to participants when their claims need to be filed in court to challenge the plan administrator's decision. No such law seems to exist in Connecticut, but of course there would be a host of different regimes that would then apply, seemingly inconsistent with the uniformity which is desired for such plans under ERISA. Perhaps a DOL regulation on this issue would helpful.
The Court could certainly go in a number of different directions here, but given recent precedent, a contract-based approach may seem the mostly likely scenario, which means the Second Circuit's decision would be upheld.
Also, as friend of the blog Don Bogan (Oklahoma) pointed out to me: "I have never heard of a contract, which requires internal appeals/exhaustion of administrative remedies, to also declare that the SOL begins to run even before internals appeals are exhausted—if Connecticut has no statute or case law on that issue, then perhaps the Supreme Court should certify the case to Connecticut Supreme Court for resolution of what Conn. insurance law is or would be on that question."
Perhaps so. Stay tuned.
April 22, 2013 in Commentary, Pension and Benefits | Permalink | Comments (0) | TrackBack (0)
Conference Announcement & Call for Papers: Loyola-Chicago Con Law Colloquium
Mike Zimmer (Loyola-Chicago) sends word of the Fourth Annual Constitutional Law Colloquium at Loyola-Chicago, to be held November 1 & 2, 2013. As Mike points out,
Each year a lot of us worklaw people write about constitutional issues and a number of regulars at the Labor & Employment Law Colloquium have also presented at the Con Law one.
Complete details after the break.
April 22, 2013 in Conferences & Colloquia, Public Employment Law | Permalink | Comments (0) | TrackBack (0)
Sunday, April 21, 2013
Recently Published Scholarship
- Marcia L. McCormick, Workplace Reform in a Jobless Recovery, 81 UMKC L. Rev. 347 (2012).
- Michael J. Zimmer, Inequality, Individualized Risk, and Insecurity, 2013 Wisc. L. Rev. 1.
- Teressa L. Elliott, The Path to the Americans with Disabilites Act Amendments Act: U.S. Supreme Court Cases, Congressional Intent, and Substantial Change, 48 Gonzaga L. Rev. 395 (2012/13).
- Sandra Simpson, The Elusive Quest for Equality: Women, Work, and the Next Wave of Humanism, 48 Gonzaga L. Rev. 279 (2012/13).
- Jasmine A. Williams, "Unemployed (and Black) Need Not Apply": A Discussion of Uneployment Discrimination, Its Disparate Impact on the Black Community, and Proposed Legal Remedies, 56 Howard L.J. 629 (2013).
- Jason E. Shapiro, Employee Benefits Law: The Hidden Gap Enabling Sexual Orientation Discrimination in Employment, 19 Casrdozo J. L. & Gender 511 (2013).
- Nicholas H. Meza, A New Approach for Clarity in the Determination of Protected Concerted Activity Online, 45 Ariz. St. L.J. 329 (2013).
April 21, 2013 in Scholarship | Permalink | Comments (0) | TrackBack (0)
Saturday, April 20, 2013
A Dau-Schmidt Duo
Ken Dau-Schmidt (Indiana-Bloomington) has just posted on SSRN a couple of new articles:
Promises to Keep: Ensuring the Payment of Americans' Pension Benefits in the Wake of the Great Recession (forthcoming Washburn L.J.):
In this essay, I examine the problem of designing a pension plan within the context of our larger public policy of encouraging workers to save for retirement. I discuss the various problems and risks inherent in encouraging workers to adequately save for retirement, invest those assets efficiently, and ensure the planned level of retirement consumption for the remainder of their lives. I also discuss the three major types of pension plans in the American retirement system, defined benefit, defined contribution, and hybrid, and assess how well each of these types of plans deals with the problems encountered in designing a pension plan. I then examine the particular problems that have arisen because of our relatively recent transition from defined benefit to defined contribution plans, and the funding problems caused by the Great Recession. I close with a section discussing policy changes that might be made to improve our pension system and help ensure that workers receive not only the pension benefits they were promised, but also adequate benefits to sustain them comfortably during their retirement.
The Employment and Economic Advancement of African Americans in the Twentieth Century (with Ryland Sherman, IU-Bloomington Dep't Telecomm.):
The African American experience in the American economy in the Twentieth Century has been a story of many successes, and more than a few unfulfilled promises. Brought in chains to the poorest region of the United States to do the least desirable work, and purposely denied education in order to preserve their subjugation, African Americans began the Twentieth Century on the lowest rung of the American economic ladder doing predominantly low-skilled, low-wage agricultural labor in the poorest region of our country. However, over the course of the century, African Americans were able to overcome express and implicit discrimination to climb the economic ladder and achieve success in new regions and new occupations and professions. African Americans still suffer many disadvantages that diminish their economic success, particularly males and particularly in education, but certainly in comparison with the previous three centuries, the Twentieth Century marked important advancements in African American economic opportunity and success.
In this essay, we will examine how African Americans achieved the economic progress they made during the Twentieth Century. We do this by examining their progress along four vectors of economic opportunity - geographical distribution, labor force participation, occupational distribution, and educational attainment - and then examine the resulting improvement in relative economic rewards. We will also examine the impact that the Civil Rights Movement, the Civil Rights Act and affirmative action policies have had on this progress. We will see that, from an economic perspective, the story of African American success in the Twentieth Century is one of overcoming discrimination by moving from a situation of relatively constrained economic opportunities, to gain access to, and success in, an ever larger and more rewarding set of opportunities across the country. It is hoped that the recounting of the success of African Americans in achieving greater economic success by using the law and their own initiative to gain access to new geographic, occupational, and educational opportunities will serve as an inspirational and educational lesson for India's Dalits in their own struggle for equal opportunities.
April 20, 2013 in Employment Discrimination, Labor/Employment History, Pension and Benefits, Scholarship, Workplace Trends | Permalink | Comments (0) | TrackBack (0)
Duff on Labor and the NFL Antitrust Exemption
Michael Duff (Wyoming, visiting Denver) has just posted on SSRN his essay What Brady v. N.F.L. Teaches About the Devolution of Labor Law. Here's the abstract:
In this essay I argue that the Eight Circuit got things very wrong when it found, in Brady v. National Football League, that a district court's injunctions issued against the NFL in connection with player-filed antitrust suits were barred by the Norris LaGuardia Act of 1932 (NLGA). I argue that the Court's misreading of the NLGA strikes at the "statutory music" of labor law so dramatically as to represent a judicial unmooring from it. I chronicle other recent important, but relatively minor, judicial departures from the music. I also discuss a major but less recent departure – the employer lockout. I distinguish Brady from these departures, concluding that invocation of the NLGA—the original and arguably the foundational American labor law statute—to protect wealthy NFL owners from player-filed antitrust suits is a bridge too far. That the NFL wants to be exempted from antitrust law, I understand. We should be honest, however, and modify antitrust law to affirmatively grant the exemption (or not). We should not contort and abuse labor law in a manner that makes a mockery of it. On the other hand, I consider whether cases like Brady are inevitable when judges are propping up a labor law regime originally meant to maintain industrial peace throughout an era in which there is little industrial strife. Perhaps it is natural that a labor law regime that cannot do what it was supposed to do because of a shift in the zeitgeist (whatever caused the shift), coupled with legislative ossification preventing the regime's innovation, will be vulnerable to bad faith manipulation. In Brady, the manipulation consisted of the court's misapplication of the NLGA and its putting on of blinders as all parties advanced positions difficult to characterize as having been made in good faith. I question in light of the debacle why anyone would want the labor law we now have.
April 20, 2013 in Labor Law, Scholarship | Permalink | Comments (0) | TrackBack (0)


text:
Latest News
Avalanche risk: Exercise extreme caution in backcountry
Published 3:48 PST, Tue January 24, 2023
The province is urging people to be prepared and extremely cautious in the backcountry, with continued high and considerable avalanche risk forecast in many areas of B.C.
"Being caught in an avalanche is a life-threatening situation that has already claimed five lives in British Columbia this year," said Bowinn Ma, Minister of Emergency Management and Climate Readiness. "Avalanche Canada continues to forecast dangerous snowpack and we're urging everyone to exercise heightened levels of caution and vigilance in the backcountry this season. This year's snowpack is being compared to 2003, which was one of the worst years for avalanche fatalities. Please check the avalanche forecast and follow any guidance from Avalanche Canada to stay safe."
Avalanche Canada continues to monitor a deep, persistent slab avalanche problem for many regions. This is causing very dangerous and highly unpredictable avalanche conditions. Avalanche Canada continues to encourage people to stay away from steep slopes and terrain, and to check avalanche.ca for avalanche conditions for forecasts.
"This is a highly unusual and unpredictable snowpack. The complication with this snowpack setup is that the layers are deep enough that we are less likely to see clues of instability, like nearby avalanche activity, 'whumpfing' or cracking snow," said Ryan Buhler, forecast supervisor, Avalanche Canada. "However, despite the lack of obvious clues, there is serious potential for large, human-triggered avalanches. We urge backcountry users to exercise caution and make conservative, low-consequence choices if they decide to travel in avalanche terrain. Backcountry users should always check the avalanche forecast at avalanche.ca/en/map; carry a transceiver, probe, and shovel; and be trained to use them."
Avalanche Canada expects these conditions to last the remainder of the winter season in some areas.
In 2021, the province provided a $10-million grant to assist Avalanche Canada with the funding certainty required to continue its work in keeping British Columbians safe by monitoring avalanche risk and providing public-safety information.
Advice from Avalanche Canada:
• Avoid steep, shallow, and rocky terrain features. Everyone in a backcountry party needs the essential gear, such as a transceiver, shovel, and probe, and the training to use them.
• Adopt a cautious mindset when in avalanche terrain.
• Be diligent about terrain choices. Sticking to slope angles of less than 30 degrees when in clearings, open trees, and alpine terrain can help minimize risk.
• Follow disciplined group decision-making, ensuring that each group member is engaged in terrain selection.
• Minimize exposure to overhead hazards, given that these avalanches can be remotely triggered and travel far in runout zones.
• Travel one at a time when exposed to avalanche terrain and regroup in safe spots well away from overhead hazards.
• Avoid exposure to terrain traps, such as gullies, cliffs, and trees, to reduce the risk of being caught in an avalanche.
• Practise patience, avoid complacency, and accept that you may need to manage this risk for weeks or months to come.
During the past 10 years, about 73 per cent of all Canadian avalanche fatalities have occurred in B.C. About 85 per cent of Avalanche Canada's services are delivered in this province.
To read PreparedBC's avalanche safety guidance, visit gov.bc.ca/gov/content?id=634E0C61240F4A61A0E6D83297A7ADDF.

subset: commoncrawl


text:
Listen on Apple
Listen on Spotify
You market to one type of client, but a completely different kind signs up with you. Now what?
- How to split test your content to decide which path to take.
- Pay attention to the signs the Universe is sending you.
- BONUS: Instead of trying to find new leads, do this instead.
Please rate/review and subscribe to the Goodman Show on your favourite podcast app.
The Obvious Choice is presented by Quickcoach.Fit, free professional software for fitness and nutrition coaches that raises the value of what you do by delivering a good-looking, aesthetically clean program every time. Join 23,000+ users and claim your free account at www.QuickCoach.Fit.
Join 65,000+ coaches and receive the most popular newsletter on the web for fitness/nutrition coaches: '5-Reps Friday'. Each letter contains 2 coaching concepts, 2 business nuggets, and 1 quote for you to ponder. Sign up at www.5RepsFriday.com.


text:
Fall back, and change your batteries!
It's that time of year again! Let's turn our clocks back an hour, and replace our smoke detector batteries!
Pink Heals Visit
This past weekend, the Pink Heals IL chapter paid a visit to our city with their pink engine "Diane". Pink Heals stopped...Read More


text:
Claudia Friedrich
zweigrad GmbH & Co. KGHamburg, GermanyVITA
Claudia Friedrich is partner and managing director for interface design at zweigrad Industrial Design in Hamburg, Germany. With more than 20 years working experience in several design studios she develops UX strategies and design languages within a holistic approach for product ecosystems. She sees design as an added value within a user-centred and collaborative design process. As industrial designer, design leader, spokesperson of Deutsche Designer Club e.V. she loves to influence by design.
(November 2023)


text:
October 11, 2020 – Croatia tops Sweden 2:1 in their 3rd-round Nations League match on Sunday at Maksimir Stadium in Zagreb.
Croatia continued their Nations League campaign on Sunday against Sweden, a team they didn't meet back in September. Croatia and Sweden met in rainy Zagreb at Maksimir Stadium at 6 pm.
Coach Zlatko Dalic unveiled a slightly different lineup for this match, featuring Livakovic in goal, Melnjak, Caleta-Car, Lovren, and Uremovic in the back, Brozovic, Vlasic, Modric and Kovacic across the midfield, and Perisic and Brekalo up top.
Before this match, Croatia had played Sweden four times – in a friendly in 2003, in World Cup qualifiers in 2004 and 2005, and in another friendly in 2012, which is the only time they lost.
The match began with heavy rain and a quick yellow card for Mateo Kovacic, who was cautioned in the first minute of play. While Sweden pressured Croatia's goal within the first five minutes, Croatia picked up the pace and Brekalo even scored an offside goal in the 10th minute. The wet pitch certainly made things more difficult.
Modric had a chance in the 18th minute, which was saved by Sweden goalkeeper Olsen, though it didn't stop him from shooting again moments later, albeit over the goal.
Slobodan Kadic
Sweden had their first real opportunity when Kulusevci shot in the 24th minute, though it was no problem for Livakovic to save. Vlasic took a chance at Sweden's goal two minutes later.
However, Croatia and Nikola finally got their chance. A brilliant play by Modric at the midfield line saw Croatia attack up the pitch. Brekalo found the boot of Vlasic who scored for 1:0 in the 32nd minute!
Slobodan Kadic
Vlasic shot again off a Modric corner found him just outside the top of the box, though he hit over the goal in the 38th minute. The game ended 1:0 at the half.
Unfortunately, the weather only worsened at the start of the second half, and we could only hope that the already weak Maksimir pitch wouldn't flood.
Croatia came out aggressively in the first few minutes, though it was Sweden to threaten Croatia's goal in the 50th minute. What was nearly an own goal by Lovren was saved by Livakovic on the goal line to keep Croatia in the lead. Sweden, however, called for a penalty as it looked as though there was a Croatia handball in the box.
Brekalo had a great chance in the 52nd minute, which went wide of the goal for a corner.
Sweden had another excellent chance in the 56th minute from a free-kick which Livakovic tipped over the goal then caught it to ensure Croatia's lead.
Pasalic was subbed on for Kovacic in the 60th minute.
A rocket from Perisic's right boot saw the Sweden keeper make a difficult save for a Croatia corner in the 61st minute.
Slobodan Kadic
A quick Sweden counter-attack in the 65th minute saw Berg even the score for 1:1. The goal certainly gave Sweden momentum, as they picked up their game considerably in the minutes that followed.
Andrej Kramaric and Domagoj Bradaric were subbed on for Brekalo and Melnjak in the 74th minute.
Thankfully, Kramaric brought Croatia the luck they needed. In the 83rd minute, Perisic found Kramaric unmarked in the box, who scored for the Croatia lead! The game was now 2:1.
Slobodan Kadic
A dangerous play by Sweden in the 89th minute could have leveled the result again, but Livakovic was solid in goal. The referee added 4 minutes, in which Sweden was unable to score. The match ended 2:1 for Croatia!
In their 4th-round match, Croatia will meet France on Wednesday in Zagreb at 8:45 pm.
For the latest travel info, bookmark our main travel info article, which is updated daily.
Read the Croatian Travel Update in your language – now available in 24 languages.
Join the Total Croatia Travel INFO Viber community.


text:
One person has died following a serious crash on State Highway 3 near Mangakowhai Road, Piopio in King Country.
The crash was reported to police around 12:40pm.
Police confirmed another person sustained serious injuries.
State Highway 3 remains closed while the serious crash unit investigates the scene, police said.
Diversions have been put in place at Ruru Street, Piopio to the south, and Tikitiki Road to the north.
The NZ Transport Agency said motorists should add 40 minutes extra to travel the detour or avoid the road.


text:
Desert Sand Fur Scarf
Handmade in Seattle, WA, USA. Great for cuddling into, this scarf lays flat, yet are soft and supple enough to still wrap and tie. Size is 72 " long x 6 1/2 " Luxury faux fur at its finest
Fabric - 100% Polyester Faux Fur
Machine wash on gentle cycle or hand wash cold. Lay flat to dry, Line Dry or Air Dry. No Heat!! We do not recommend dry cleaning your items because there is a risk for high washing temperatures which may alter the original embossing or hand of our very soft fabrics.
Designers Sizing Charts
Clara Sunwoo:
Free People:


text:
Our blog posts on growth are the most read articles on Spirit WestŌĆÖs website.
So what should we do with that information? Share more of our secret sauce about how we help our clients get growth. Common sense? Only if you train your mind to look for that kind of feedback and follow up on it.
In your business world, you have to keep refreshing your company otherwise you will begin to believe that the economy is at the heart of your woes. Argue you with us if you want, but that kind of thinking keeps you small. Reinventing how you are relevant to your target market is what will help you grow no matter what is going on in the economy.
Here are three mindsets that stifle business growth. ItŌĆÖs time to turn them upside down. Do you catch yourself or people on your team thinking like this? Then your bottom line might be shrinking.
- ŌĆ£We need more customers to grow.ŌĆØ
- ŌĆ£In our industry, we have a downturn so we just have to ride out this storm and wait and see how things go. We donŌĆÖt want to take any risks.ŌĆØ
- ŌĆ£This is how things are done in our industry. So thatŌĆÖs how we do it too.ŌĆØ
These believe systems are growth preventers, not growth enablers.
You donŌĆÖt need more customers, you need an army of fans. You want the kind of customers that always pick your business over any other competitors because what you do and how your people deliver value are exactly what your fans love. They share their experiences with their network. The network grows your fan base. Fans buy more, spend more time and deliver their friendsŌĆÖ to your front door who will also spend more.
LetŌĆÖs cover two birds with one stone here. ŌĆ£In our industryŌĆØ thinking stifles growth. Its not about the economy. ItŌĆÖs not about how your industry does or does not do things. Stop copying competitors. DonŌĆÖt look there, look at what your fans really need from the service or product your company delivers.
I need to get on my soap box here for a minute because I think weŌĆÖve lost the basic understanding of what a business is. You are in business to solve a problem for certain people. Not all people. If you donŌĆÖt solve the problem in the way that works for those people, they will look elsewhere. And you wonŌĆÖt have much of a business.
Misunderstanding or forgetting this formula is how businesses decline in value, in return on investment to owners.┬ĀYour company must be there to serve those certain people first and foremost. Nothing else is relevant until that symbiotic relationship is fully developed and refined. So if you donŌĆÖt like the bottom line, donŌĆÖt focus on revenue and costs. Focus on value to your fan base.
Your competitors probably donŌĆÖt have this relationship sorted out in a way that brings them fans (or growth in profits). So why bother being like them? Instead, ask the people you serve, not the people you compete with, what would make them more interested in working with you.
And remember, people are far better at describing what they donŌĆÖt like and donŌĆÖt want than envisioning what they do want. So you and your team have to become really good at listening to all that criticism and transforming it into what they do want.
Your distributor or customer says ŌĆ£Your lead times are too long. I donŌĆÖt want to wait that long.ŌĆØ
You say ŌĆ£Thank you for letting us know this is a problem. So how often do you have this problem that the wait time is too long?ŌĆØ
They say: ŌĆ£When I need it now and will lose out on something if I donŌĆÖt get it.ŌĆØ
You say: ŌĆ£Oh. So if we found a way to get you a 24 hour turnaround for those special times, would that be helpful? Would you pay extra for that as a premium service?ŌĆØ
They say: ŌĆ£It would solve the problem and means I wonŌĆÖt go looking for someone who can deliver it fast.ŌĆØ
You just added a beneficial service to your offering and can charge a premium with a decent gross margin. That extra gross margin goes straight to your bottom line. And I bet your competitors are not offering something similar. Which is why your customers are complaining about the economy. Making these kinds of changes adds value no matter what the economy is doing. No need to wait for the world to change. Make smart changes in your own house.
Then, thinking of our example, you will attract all the fans that want uber fast turnaround times. The kind of fans willing to pay extra for the delight in getting what they want, when they want it.
Think about the places youŌĆÖve made your ŌĆśgo-toŌĆÖ destinations or selections. Understand your own buying behaviour and then think about how your buyers choose (or decide against) doing business with your company. Your desired end result should be to ŌĆśown your audienceŌĆÖ.
Which companies get this mindset? IŌĆÖve got my list. Add your list to the comments section. They can be businesses in your local area or multi-national giants.
- SerenataFlowers.com
- ┬ĀPhantom Screens
- ┬ĀStein Medical Clinic
- ┬ĀMezzeta Foods
- ┬ĀAmen Clinics
- ┬ĀProfessional Sports teams
- ┬ĀFive star hotels
- ┬ĀWhole Foods


text:
So, let's get this out there before I begin. Today's post will be short, sweet and silly!
What I'm loving is a collection of drinkware that is cute, a little expensive and totally unnecessary. However, I believe that "elevating the everyday" can shed some light on these often dark times. So, I will share a few of my favorite pieces from this new drinkware collaboration in case you're looking for a way to "enjoy the little things" for around $30.
Swig Life is a drinkware brand that I noticed at a local grocery store several months ago because of it's colorful designs.
What I found attractive is that their products are insulated and dishwasher safe! There are wine cups, coffee mugs and water bottles. They also have specialty items like champagne flutes and reusable straws. Even the lids are color coordinated!
After a few weeks of hanging at our neighborhood pool with my beverages just cooking in their neoprene coozies, I thought I could certainly "elevate my everyday" pool experience with a fancy insulated cooler. I looked at Yeti, RTIC and Brumate, but I kept coming back to these new SCOUT+Swig mashup versions.
According to their website, "The SCOUT brand is known for their colorful, durable, versatile bags that are designed with you, and your family, in mind. With nautical, beach and whimsical nature-themed patterns, the new SCOUT + Swig Life collaboration is sure to bring fun and function to all your favorite activities."
So, I placed the nautical one in my shopping cart on the Swig Life website (it perfectly matches a SCOUT bag that I use for the pool), and then continued poking around. I found a few additional gifts I needed for some upcoming celebrations, and joined the Swig Life Perks. Let's just say that by the end of my perusing of the site, I had almost earned myself a free item! And sometimes at checkout, I've learned that you may be able to add an additional item at a significant discount--hint, hint.
You do need to be a bit gentle with these items, as the design may become scratched with heavy use. I'd probably stick with a trusty Yeti for keeping coffee hot, say, on a camping trip.
Cheers to the weekend! And if you know any golfers, I'm pretty sure this AM+PM Set would be well received...


text:
The black Lens Cover for the Pentax DA 1.4 Teleconverter from LensCoat is a waterproof neoprene cover that protects your teleconverter from scrapes and bumps; helping to preserve its resale value. The lens cover provides a thermal barrier during cold weather, and for ease of use, there's an opening for the lens release lever. This version is matte black to better blend in where desirable. Or, it can be used just for its protection value. This lens cover is made in the USA.
Helps maintain value of the lens by protecting it from scratches
Makes using the lens easier in cold temperatures
Easy to install and remove - leaves no residue on lens


text:
Minka Kelly Wiki Bio, Wife, Girlfriend, Married, Marriage, Daughter
In accord with American actresses' heritage, Minka Kelly has managed to leave impact from the film world. She had been created as Minka Dumont Dufayshe has through time been in a position to create the feeling to herself at the picture industry that is competitive through exemplary appearances, her effort and her own capacity to produce a spot for herself at the screen. She's famed for a few tv shows for example the much discussed Human and Friday Night Lights. We have to learn more and shall on the upcoming few lines start looking at a concise biography of the celebrity. She had been created on June 2-4, 1980.
Historical Life
Minka was Created in Los Angeles, California. The name of her mum is the guitarist Rick Dufay along with additionally Maureen Dumont Kelly. Before settling in Chicago communities transferred. Now in time Kelly do her high school. She's got multiple ethnicities including French, Irish Dutch and Indonesian. When she was of age, kelly made her debut.
Personalized Life
There aren't details on her life and nothing can be written or said about her life. Nonetheless, it's thought that she or he and Derek Jeter, base ball player may have outdated. Before separating 14, they did combine for a brief time period throughout 2012. It didn't survive long, although they dated to August 2011. She is beautiful and it's thought that she's going to have a range of occasions to date and maybe even becoming married.
Posted by Minka Kelly on Thursday, 11 June 2015
Net Worth
The net worth of Minika Kelly it's expected that there are opportunities it is going to go upward considering that she has a bit abandoned in her and it will be approximately $ 3 million.
After graduating, she moved straight back into LosAngeles. She'd a eccentric experience of working as a secretary as a swap for breast implants. This failed to work and she had been fired from the project. Her fortune tried off and forth and she gained her debut back. From the film Friday Night Lights she made her first break From the calendar year 2006. Kelly was famous from the television series at which she failed Monica's use. Ever since that time she's acted more than two names in the screen. Sticking besides her introduction at 2003, for her livelihood in filmography, she's listened two films in roles involving some roles like Naked that has been released from the year 2017 and the Devil 's Highway. Minika is good, fresh and young in thus giving credence the simple fact she has behaving in her and looking. Alicia had been quick to say her parents when asked about her personalities. "My mum fought two forms of cancer and lived", she clarified to Michigan Avenue Magazine. "And my dad compelled Puerto Rico at a younger age and started his life within the USA. His fire and drive really are equally amazing." Alicia shows homage with her aid of Bright Pink, a business that intends to save lots of women the own lives of from ovarian and breast cancer. Their site says that they concentrate on health, not cancer, also to inspire women. It's a nonprofit company composed. Their web site says they have been"focused on providing advice, resource, advocacy, and service " 4,000 of these students participate with no charge and eighty per cent are out of income homes. Their objective will be to inspire and change lives plus these certainly were set in the Hyde Park being an immediate reaction to this 1956 Civil Rights Movement of Chicago . Considering their heritage they've affected the lives of over 50,000 youth. If she isn't engaged with charity," Alicia told unmasked Studios"I love to get up, see the headlines, do just a little work with the net (mails and such), then goto the gymnasium, then come home to earn a great dinner accompanied by binge watching Netflix or even television! That's an ideal day away for me personally " Alicia says she remains because she climbed up grounded. "I had been educated to be more thankful for what you've got, even when this contains beauty", she says. She added she has been comfortable in the spotlight, however she loves being in a position safeguard them and to help others regarding the current elements. "During this era together with social networking, celebrities, photoshop, etc.. ." She informs unmasked Studios,"it's excessively difficult for all of us to give attention to what really matters, that will be appearing inward and realizing we have been a whole lot more than that which we find from the mirror. Be your self and be glad – which is the actual beauty in life" "understanding that I'm loved and I'm delighted with myself and what I will be doing in this very lifetime, which makes me feel amazing." Her NBCChicago biography says in her time, Alicia loves travel, cooking, reading, and spending time outdoors, and so is on the lookout to take to.
Posted by Minka Kelly on Thursday, 21 June 2018


text:
Center for American Progress
See all topics
See all states
Search Search
Renewable energy, forest conservation and sustainable land use, and adaptation provide substantial economic, security, and environmental benefits that make them attractive beyond their value as responses to climate change.
Energy efficiency, renewable energy, forest conservation and sustainable land use, and adaptation are core elements for immediate action on climate change in developed and developing countries. They provide substantial economic, security, and environmental benefits that make them attractive beyond their value as responses to climate change. At the same time, increased international support for these actions will, in its own right, help to shape an effective climate agreement over time. Also, new international institutions may be needed to administer financial assistance and technology cooperation under the agreement. But these will take time to develop and scale up.
Immediate increases in public funding should include replenishing the Global Environment Facility at a higher level with needed reforms, expanding special climate initiatives at the World Bank and other international financial institutions and mainstreaming low-carbon development strategies into their core operations, and increasing bilateral aid programs.
The immediate focus of scaled-up public funding should be on policy development and capacity building. Public funds should be deployed to leverage larger flows of private-sector investment, stimulate innovation, and support technology research, development, and deployment. Existing technical institutions such as the agriculture and forestry centers in the Consultative Group on International Agricultural Research should be scaled up and tasked with helping to develop and deploy technologies for climate mitigation and adaptation. A similar network should be developed to focus on energy efficiency and renewable energy technologies.
These immediate first steps will help to accelerate the larger and longer-term commitments needed to meet the climate challenge. The Copenhagen conference would provide an ideal platform to take these first steps by increasing international support for the core elements of an effective climate strategy.
For more of this topic, please see
The positions of American Progress, and our policy experts, are independent, and the findings and conclusions presented are those of American Progress alone. A full list of supporters is available here. American Progress would like to acknowledge the many generous supporters who make our work possible.


text:
Story of Varney Air Lines
Varney Air Lines, started by Walter T Varney in 1926, eventually became United. Varney was awarded Contract Air Mail Route 5 after being the only bidder.
They began service flying between Pasco, Washington, and Elko, Nevada, with a stop in Boise, Idaho.
This t-shirt comes in 3 colors - black, grey, and navy. It's super comfortable, soft and lightweight with just the right amount of stretch and breathability.
• 100% combed and ring-spun cotton
• Tear-away label
• Shoulder-to-shoulder taping
• Side-seamed
• 100% Cotton
Wash & Care
• Machine wash cold
• Tumble dry low


text:
Info about Hezhou, (China)
Also called Che-cou, Che-čou, Fo-chu-su, Fo-chû-sṳ, Ha Chau, Ho-chiu-chhi, Ho-ciu, Hohcouh, Hô̤-ciŭ, Hō-chiu-chhī, Hạ Châu, Khehchzhou, he zhou, he zhou shi, heojeou si, hyzhw, Хэчжоу, هیژو, ہیژوؤ, ہیژوو, 賀州, 賀州市, 贺州市, 허저우 시, its latitude is 24.4035700, and longitude 111.5667500.
Its population is 2.184.000 people, this region timezone is Asia/Shanghai (Asia/Shanghai_cet).
Hezhou is a popular destination for spa around China.
More details about Hezhou in China (CN)
It is located in time zone UTC+08:00 (in standard time).
Population for Hezhou is 2.184.000 people, considering 2007 last census. You need to dial local telephones. Local dialing code for Hezhou is 774. Hezhou zip code is 542000, then if you want to send anything to your family via post from Hezhou this can be done by using this zip code as per description above.
Its dimensions are 11854 km2 ideal for travelling to large cities, busy with a lot of things to do or entertainment. Here you can find high budget accommodations due to Hezhou very high accommodation prices, so this is why you could enjoy Hezhou like a base to relax tired by visiting this metropolis.
Hezhou height above sea level also called meters above sea level (MASL), is over 107 meters. For this reason this is the ideal destination if you and your family want flat land to travel to for your next travel.
For detailed information on this city go to their official website http://www.gxhz.gov.cn.
Hezhou things to do and activities: best trip destination for:
Interactive Hezhou (China) Map and attractions
Interactive map of Hezhou, China (CN).


text:
'Joker' has highest October opening weekend of all-time
Joaquin Phoenix portrays Arthur Fleck in Warner Bros. "Joker."Warner Bros.Warner Bros. certainly has something to smile about this weekend."Joker" hauled in $93.5 million in its opening weekend, the highest debut for a film released in October in cinematic history."Venom," a film about the origins of the Spider-Man villain of the same name, was the previous record holder with $80.2 million."Joker" also had the biggest first day opening in October, selling $39 million worth of tickets between Thursday night previews and Friday showings. The film garnered $140.5 million internationally, bringing its total cume to $234 million, Warner Bros. said Sunday.The predictions for the gritty film, which profiles a version of Batman's infamous villain Joker, had been all over the map. Some foresaw a $50 million opening, while others thought the film would see $100 million, or more.Of course, Sunday's numbers are estimated, so there is a chance that once the final tally is done Monday, "Joker" could have lured more moviegoers to theaters."Since the very first teaser trailer, 'Joker' quickly became the most talked about movie of the year, a must-see cinematic event whose box-office fortunes were bolstered by critical acclaim, a stunning performance by Joaquin Phoenix and the controversy that surrounded the film," Paul Dergarabedian, senior media analyst at Comscore, said.After receiving rave reviews from its debut at the Venice Film Festival in August, "Joker" has drawn more criticism as it heads toward its opening on Friday. The Warner Bros. film currently holds a 69% "fresh" rating on Rotten Tomatoes.While some have praised Todd Phillips' story and direction, and Joaquin Phoenix's portrayal, many have questioned whether the film, which depicts mass murder, could unintentionally be portraying Joker as a heroic or inspirational figure.Others wondered if comic book fans, who have supported action-packed superhero flicks in the past, would be drawn to a more subdued character piece.While the record-breaking opening is impressive, many analysts are more interested in seeing how the film performs in its second weekend. Ticket sales typically drop off during a film's second week, how much depends on fan reaction. If fans post positive reviews on social media, those that skipped out on seeing "Joker" in its first week may be enticed to see it the following week.However, if the fan reaction is negative, the film could see a massive drop in ticket sales during its second weekend.


text:
When I first saw you
When I first saw you,
Your head was down
Your eyes were stained red, and leaking
They were leaking, something that smelt like pain, or fear.
But resembled a broken heart.
As you stood there
Something hit the grown
I could have sworn it was my heart
But it looked like water and it was over by you,
So I thought I would tell you, "Hey you dropped something"
But when I looked again it was gone,
And so were you.
I think you took my heart with you.
And I feel a bit lost without it
I think I need it back,
Or maybe I just need you but
I only hope it didn't bring you more pain.


text:
I'm fairly certain there isn't anything Jennifer Lopez can't do. For her latest trick, the actress, singer, entrepreneur and fashion icon is collaborating on what sounds like a massive project with Netflix. As Variety announced in June, Lopez will be producing several movies and TV shows with the streaming platform, through her own production company Nuyorican Productions.
It looks like Lopez is already hard at work on these exciting projects. She posted a series of Instagram photos of herself on set, looking as professional as you'd expect, captioning the post, "Bringing the beige #NetflixOutfitCheck #SomethingIsComing." She also tagged several key people from her entourage, including hairstylist Chris Appleton, nail artist Tom Bachik, and fashion stylists Rob Zangardi and Mariel Haenn.
The latter two are presumably responsible for the two impeccable outfits J-Lo wore in the pictures. In three of them, the star paired a beige-toned Brunello Cucinelli suit with a Cult Gaia bandeau top and Vrai hoops, according to the Daily Mail. For her other outfit, Lopez revealed the Cult Gaia top in all its glory, showing off its attached puffy sleeves, and pairing it with its complementary piece, a matching knit skirt also by Cult Gaia, featuring ribboned details.
A post shared by Jennifer Lopez (@jlo)
A photo posted by on
This isn't the first time Lopez has included Cult Gaia pieces in her wardrobe: She recently looked breezy in one of the label's dresses, a white linen number with cutouts around the waist, during her romantic European trip with boyfriend Ben Affleck.
Stay In The Know
Marie Claire email subscribers get intel on fashion and beauty trends, hot-off-the-press celebrity news, and more. Sign up here.
Iris Goldsztajn is a London-based journalist, editor and author. She is the morning editor at Marie Claire, and her work has appeared in the likes of InStyle, Cosmopolitan, Bustle and Shape. Iris writes about everything from celebrity news and relationship advice to the pitfalls of diet culture and the joys of exercise. She has many opinions on Harry Styles, and can typically be found eating her body weight in cheap chocolate.
Kylie Jenner's Peep-Toe Boots Kick Off the Polarizing Spring Shoe Trend
These boots were made for walkin'—and showing off your pedicure.
By Aaron Royce
Machine Gun Kelly Is No Longer Going By Machine Gun Kelly
The change comes after some fans claimed the name glorified firearms.
By Meghan De Maria
Prince William Accepts Gifts for Kate Middleton As Health Rumors Swirl
William attended two more public events this week, without his wife in sight.
By Meghan De Maria
Sarah Hyland and Adam Devine Play 'How Well Do You Know Your Co-Star?'
The 'Modern Family' stars reunited for the 'Pitch Perfect' spinoff series.
By Brooke Knappenberger
The 78 Best Celebrity Couple Halloween Costumes of All Time
Honestly, we're impressed.
By Charlotte Chilton
Super Rare Photos of Queen Elizabeth as a Young Woman
From childhood snapshots to portraits as a young princess, beautiful and rare photos of the late Queen Elizabeth as a young woman.
By Mehera Bonner
King Charles III and Queen Consort Camilla's Relationship: A Timeline
With the passing of Queen Elizabeth II, Charles has ascended to the throne as king.
By The Editors
Who Is Next in Line for the British Throne, Explained
And yes—Harry and Archie are still in the line of succession.
By Andrea Park
Who Is Alexandria Ocasio-Cortez's Fiancé Riley Roberts?
AOC's husband-to-be is an "easygoing redhead" who lives with her in D.C.
By Katherine J. Igoe
68 Times the Kardashians Posed Fully Nude and Owned It
And we mean fully nude—as in, not a shred of clothing.
By Bianca Rodriguez
Who Is Jonathan Owens, Simone Biles's Fiancé and NFL Player?
"The easiest yes!" Simone wrote about the couple's engagement.
By The Editors


text:
Small Heart Bowl White & Red Geometric Design
Small Heart Bowl White & Red Geometric Design
This sweet heart bowl is perfect for jewelry, or any other little item. A nice place to put your morning medicine pills. Or use it as a tea bag holder, or for small soaps in the powder room.
This tiny bowl measures 3-1/2 inches across the top and 1-1/2 inches tall.
All my pieces are food safe, as well as dishwasher and microwave safe.
Colors may vary slightly depending on your computer monitor. As with all handmade pieces, there are slight irregularities which add to the individuality of the piece. All artwork has been created by and is the property of artist Laura Oldham of Turning True Studios, LLC and may not be reproduced, resold or used in any other form.


text:
Three St. Louis Cardinals who will improve this year and two who will regress
Progression: Nolan Gorman
Nolan Gorman had issues in his first season. He hit only .226 and struck out 103 times in 283 at-bats. However, he has a chance to be one of the best hitters in the league. His batted-ball stats are absurd. Among players with at least 150 batted balls last year, he was tops in major league baseball in sweet-spot percentage at 46.7%.
Gorman's barrel percentage for batted balls was 14.4%, which placed him at 20th in the league. The crazy stats keep coming: His expected weighted on-base average on contact was .479 — that's 111 points above the league average.
Gorman still has adjustments to make, and if he's given enough at-bats, there's no reason to think he can't adapt. He should be a big beneficiary of the shift ban given his pull tendencies, and if he can learn to catch up to the major league fastball, he will be a menace.
Defensively, there are a lot of questions about Gorman. His youth discourages a full-time designated hitter spot, so the Cardinals will do their best to make Gorman a passable defender at the keystone. More reps there will only be good for him.


text:
Amazon.com : Esschert Design USA PS21 Cast Iron Garden Fence : Garden. Best Sellers Rank, #116,249 in Patio, Lawn & Garden (See Top 100 in Patio, .
Wrought iron scroll garden edging; Durable, classic wrought iron decorative. . Best Sellers Rank, #71,819 in Patio, Lawn & Garden (See Top 100 in Patio, Lawn
Bordurette – For centuries discerning gardeners have been using cast iron edging for lawns and parks all over the world. The Bordurette brings back this .
Cast Iron Garden Edge Trim Garden Edging, Garden Borders, Garden. . Best Heavenly Moon Gate Ideas for Your Garden Pictures) – Awesome Indoor & .
Classic Wrought Iron Garden Scroll Border Edging for Landscaping "Wrought–
Shop Wayfair for the best iron fence edging.. Wrought–iron edging is a pretty and practical addition to your garden or flower. Kurtz Fence Iron Vertical Garden.
Our wrought iron Edging is a pretty and practical addition to your garden.


text:
Books Directory
Harlequin Series
Hot Books
Search Books:
Stepbrother Master
free online
Stepbrother Master(2)
By:Ava Jackson
I barely had time to look around the foyer before Mom bustled over. "Emmie!" She enveloped me in a tight hug, pressing a very European kiss to each cheek. "How was your flight? You look good. Oh, it's so nice to see you."
"You're acting like you haven't seen me in months. It's only been a couple weeks," I said, unable to hold back my smile as I squeezed her. It was good to see her again—especially with the same love-struck, happy expression she'd had on her face when she first guilted me into coming here. "My flight was fine. You really didn't have to send a jet."
She finally released me. "Nonsense. You know I only want the best for my baby girl."
I opened my mouth to argue, but she turned away as a tall, dark-haired man came in from the kitchen, toweling off his hands. "Russ, this is Emma! I'm so excited for the two of you to finally meet."
A genuine smile spread over his handsome face. I could already see why Mom liked him.
"Well, it's about damn time. Your mom talks nonstop about you, Emma. So glad to finally put a face to the name." He reached out for a damp, but firm handshake. "We're happy to have you with us for the festivities and the rest of the summer."
Footsteps creaked behind me and Russ glanced over my shoulder. "Hey, perfect timing, Ford. Now I don't have to track you down to meet Emma."
I turned to see … the hottie from outside. I started to smile, but Russ continued, "Emma, this is Ford, my son. He runs the ranch."
No. Way. In. Hell.
My libido wilted like old lettuce. My new stepbrother-to-be had the nicest ass I'd ever seen on a man. And an eight-pack I wanted to trace with my tongue. On what planet is that fair?
I held out my hand politely and forced down a shiver as his skin connected with mine. I noticed how large his hand was—and how rough it was from his work—as he shook it. I let my eyes linger on him for only a moment this time. It didn't take a genius to see the family resemblance: the height, the build, and—now that his hat was off—the black hair and blue eyes. One look at Russ gave me a pretty good idea of what Ford would look like in about thirty or so years.
Ford's blue eyes were hard … almost cold. What happened to the stare that had caressed my entire body just outside? Apparently, I'd been imagining things. He had definitely not been undressing me with his eyes earlier. Just the thought did things to my belly. And lower. I mentally slapped myself. Bad Emma! No thinking like that about a guy who's seven days away from being family.
Oblivious of my inner turmoil, Russ smiled at us. "Why don't you and your mom catch up while I get the steaks on the grill?"
Mom commented in a stage whisper, "We have a darling housekeeper, but Russ likes to sear a cow every now and again. Part of the whole 'dude ranch' experience."
Russ snapped her butt with the towel as he went by. Mom yelped and turned to grin at him. I couldn't decide whether to feel grossed out or laugh, so I glanced at Ford. "So … you run this whole place, huh?"
He nodded, but that was all.
I tried again. "How long have you been in charge?"
"Since college." His voice was deep and smooth—in a way that would have been attractive, I forcibly reminded myself, if he weren't about to be my new stepbrother.
"Is it weird to have your dad as a boss?"
He studied me for a second. "My dad's retired, actually, so I'm the boss around here." His voice was as icy and cold as the look on his face. "Probably a good thing, because someone has to look out for him."
What the hell is that supposed to mean? His posture stiffened when he glanced toward the window. I followed his line of sight to where our respective parents acted like teenagers, playing grab-ass while pretending to grill. I snapped my gaze back to Ford. That wasn't something I wanted to see—and apparently he felt the same. Something told me he was less than happy about this whirlwind romance and upcoming wedding. I looked for a way to break the awkward silence.
But before I could think of anything, Ford turned away. "Excuse me. I've got work to do before dinner."
And then he just walked off. I stared after him, trying really hard not to notice how his worn jeans clung to his perfect, you-could-bounce-a-quarter-off-it ass.
Mom swept back into the house, wincing as the front door slammed behind Ford. "Everything okay in here?"
I gave her a wry look. "Ford doesn't seem like the 'singing kumbaya' type."
Mom made a thoughtful noise. "He's a little … um … shy," she finally said. "He takes a while to open up. You have to get to know him."


text:
So if you have already rooted, just hop over and download Titanium Backup application from the Play Store. In this guide, we will show you the steps to backup your MediaTek firmware using SP Flash Tool. One of the biggest perks of having an MTK device is the plentitude of tools that it beholds. And without a shadow of a doubt, Smart Phone Flash Tool is right there at the top.
- Operating System also needs to make functional all new electronics products like Digital Televisions, Microwave ovens.
- This backup will contains almost everything from your phone contacts to apps and games.
- The former will make your device recognizable by the PC in ADB mode.
- It involves downloading download stock firmware the latest version of the Xiaomi firmware, flashing it onto your device, and then using the official Xiaomi update application to install the update.
- It will help you to upgrade or downgrade any Android device.
If you're going to hard reset your phone and you cannot access the recovery menu. But most of the problems that cause flashing stock ROM are below. Once the firmware flashing process completes you will Green PASS! Extract the downloaded firmware Zip file to an easily convenient location on the PC.
Most important examples about the operating system are Android, Apple iOS, Windows Phone 7, Blackberry OS, HP/Palm Web OS etc. That's all you need to do to back up your stock MTK Android firmware.
Keep in mind, you won't get the latest Android build immediately, but you will have a stable and hassle-free experience for sure. There are some benefits to running stock Android itself, however, that are well worth exploring. A Nandroid backup is a full system backup created in the recovery. You should create one every time you flash a new ROM or install any kind of mod. It's the first tool you should use if you ever need to unbrick your phone. Now you're aware of the most popular custom ROMs in the scene, pick one for your device and give it a go.


text:
Hummus is a combination of mashed chickpeas and beans all blended with a type oil, tahini, a hint of lemon juice and basic seasonings. It is a staple in Middle Eastern cuisine and is typically served with their breads.
It is also a favorite among health conscious consumers as it is a healthier alternative to many condiments, as it claims to be rich in nutrients, high in fiber and a very small portion of protein. Today, a new insight has been brought to consumers' attention as hummus might be used beyond its savoury profile. This is where the ebook, Easy Hummus Desserts may come into play.
The Easy Hummus Desserts is believed to help consumers achieve one's weight management goals, as those who experience a sweet tooth have access to healthier alternatives to processed sugar, chemicals and excessive and empty fats. The following review will look closely at the Easy Hummus Desserts with respect to its purpose, a sample of what to expect, its suitability and its affordability.
What Is Easy Hummus Desserts?
The Easy Hummus Desserts, as the name implies, is an e-book that contains a wide range of dessert recipes using the basics of hummus. Since hummus is high in fiber, essential healthy fats and comes in the consistency of spreads and dips, it is highly used as a substitute for mayonnaise, garlic sauce and much more. What differentiates the Easy Hummus Desserts from other dessert recipe books is its use of healthy ingredients as opposed to those that contain empty calories.
What Can Consumers Expect From The Easy Hummus Desserts?
According to the Easy Hummus Desserts, consumers will have access to recipes such as chocolate, cookie dough, cakes and pies, nuts and butters, holiday and special occasions recipes, substitutions and more.
It is clear that their aim is to prove to everyone that desserts are not merely made with traditional ingredients and that if consumers explore outside of the box, the same types of goods can be made. Most importantly, consumers who are in the process of achieving weight management goals no longer need to feel guilty for indulging in sweets.
Who Can Make Beneficial Use Of The Easy Hummus Desserts?
While most recipe books are made for those who have some experience in the kitchen, the Easy Hummus Desserts claims to deliver instructions that consumers of all skill levels can apprehend and follow. It is also beneficial for those who are constantly on the go, as the recipes entail simple ingredients, cooking ware and steps.
In addition, consumers who have high blood cholesterol or diabetes can benefit from this respective recipe book, as they are provided with tailored desserts that do not spike their respective levels.
How Much Does The Easy Hummus Desserts Cost?
The Easy Hummus Desserts costs approximately $9.95. While it is not clear as to how many recipes consumers are offered, the price is still fairly worth it given that it reflects health awareness, simplicity, and taste. Taste is something that the Easy Hummus Desserts places great emphasis on as most consumers are told that bland foods are more likely to induce results.
Final Thoughts on Easy Hummus Desserts
Overall the foundation of the Easy Hummus Desserts, besides chickpeas, is trial and error. After having tested a wide range of simple and healthy recipes, consumers are finally provided with a compilation that is realistic to follow and attain a healthier lifestyle.
Many consumers also fear making desserts as it requires different techniques of cooking, which will eventually lead them to purchase desserts outside. This is bad, as consumers never truly know what goes into pre-made goods, hence the use of the Easy Hummus Desserts is also believed to allow one to appreciate the art of making desserts.
As a final touch, the suggested price makes it affordable for the mass population, challenging one to enjoy healthier alternatives. For more information, check out: http://easyhummusdesserts.com/.


text:
Valve product designer Greg Coomer has said the company is working on many new games and it still has an interest in the Half-Life world. Valve is riding high with the successful launch of the Steam deck but not much has been said about its game development projects. Half-Life is one of Valve's most popular franchises and fans have been asking for another game for a long time. Half-Life: Alyx proved to be a success on the VR front further expanding the world. When asked about it and making more Half-Life games Greg expressed how fun it was fun to make the VR game but that Valve still has more to say about the Half-Life world.
We love that world and want to continue exploring the Half-Life universe.
Half-Life: Alyx was a really fun game to make. Even for us who worked on that world, it's still fun to go back there and tell more stories.
Also, there are many challenges in virtual reality, and it was an interesting task to solve them. Half-Life works are always accompanied by technological innovation, so it was a big step in that sense as well.
Coming back to the original question, the short answer is "yes". Half-Life: Alyx is a sign that Valve has more to say about that world.
More games in development
Valve previously said that Half-Life: Alyx marked the return to that world but has largely been silent about further projects since. Although Greg didn't provide any title details he did confirm that Valve has a large number of employees working in game development.
Valve has a lot of games in development. We will continue to release games.
Game development is very important to Valve. I don't know the exact numbers, but the percentage of employees involved in game development is high. A lot of people are involved.
Valve's return to Portal?
Greg said he'd like to make more Portal games but couldn't announce if any are in development.
But that's not all, and Valve thinks there are a lot of Portals that should be made in the future. That world deserves further exploration. So I don't have anything to announce right now, but I would like to make another Portal someday.
Even if Valve isn't officially announcing any new titles in development, yet, it is clear they are planning more games for the future.
Source: Famitsu


text:
After the Raiders' previous regime made some missteps in recent first rounds, the Josh McDaniels–Dave Ziegler duo passed on all three of the team's fifth-year options for 2023. Josh Jacobs was the most surprising such move, but he turned his contract year into a statement season.
Jacobs leads the NFL with 1,608 rushing yards and tops the league in yards from scrimmage (2,003); he is pushing to join Marcus Allen as the only Raiders to claim rushing titles. Allen's top season, for which he was awarded MVP honors, came in 1985. While Jacobs might not quite break Allen's single-season team records for either rushing yards (1,759) or scrimmage yards (2,314), he is unlikely to leave Las Vegas in 2023.
The Raiders are expected to retain Jacobs — either via a long-term contract or the franchise tag — rather than letting him hit free agency, Vincent Bonsignore of the Las Vegas Review-Journal reports. Jacobs joins a crowded cast of starter-caliber running backs eligible for free agency in March, but his 2022 season has enhanced his value considerably.
Considering the running back tag is only expected to come in at around $10MM, that becomes a valuable tool for the Raiders regarding Jacobs. The team can cuff the breakthrough back with the tag and either work out an extension before the July 15 deadline or see if 2022 was a fluke before coming back to the table in 2024. The Giants are likely to proceed this way with Saquon Barkley. After entering the season on an uncertain path — one that included a short stretch of trade rumors — the Alabama alum looks like he will remain in place as a cornerstone Raider.
The Raiders took Jacobs 24th overall, selecting him with the pick obtained in the 2018 Khalil Mack trade. Jacobs has logged a career-high (by far) 323 carries this season but has also stayed healthy, playing in all 16 Raiders games. That is a first, as minor injuries nagged him from 2019-21. Jacobs has totaled 1,055 carries as a pro, but his light college workload (251 totes in three seasons) will likely come into play during extension talks. The 24-year-old back presents a case to offer staying power and collect a nice payday. Eight running backs are tied to deals averaging at least $12MM per year. With those $12MM-AAV pacts all signed during either the 2020 or '21 offseasons, Jacobs will have a case to check in beyond that given the cap's expected bump past $220MM.
Las Vegas is coming off an eventful week, having effectively separated from Derek Carr. The Raiders benched the nine-year starter for Jarrett Stidham, who had never started a game in four seasons, and Carr is now away from the team. Trade options to move a $40.4MM guarantee off the books will be explored, and Bonsignore adds the team's new regime had determined Carr was a poor fit early in the season. Long lukewarm on Carr, Mark Davis gave Ziegler and McDaniels freedom to proceed as they saw fit with the former second-round pick.
Carr's durability notwithstanding, Albert Breer of SI.com notes the Raiders did not believe the veteran quarterback was doing enough to push the ball downfield. They viewed toughness as an issue, per Breer, who adds accountability became another concern for the team. There should be a market for Carr, who would be an upgrade for many teams, but Bonsignore notes the Raiders will cut him — on a dead-money charge of just $5.6MM, thanks to the uniquely structured contract — rather than bring him back and wait for a trade to materialize later. Unless Carr and the Raiders agree to move the guarantee vesting date back from Feb. 15, it appears a near-certainty the longest-tenured QB1 in team history will be gone within the next six weeks.
Davante Adams expressed disappointment with the team's decision to bench his former college teammate; the duo's friendship led Adams to seek a trade to Las Vegas. But Adams should not be expected to ask for a trade out of Nevada because Carr is on his way out, Bonsignore adds. Although it would be strange to see Adams remain a Raider but Carr gone, the team has the All-Pro wideout under contract through 2026. The Raiders, however, will likely keep Adams in the loop and are open to appeasing him via trade if their next QB plan does not meet his expectations.
Last season's playoff berth aside, the new Raiders regime did not view this as a team set to contend in the long term, per Bonsignore. The McDaniels-Ziegler operation has indeed brought a regression, but Davis assured McDaniels will return next season. Following either a six- or seven-win 2022 season, the Raiders will be set for an interesting 2023 — one that will likely feature a host of McDaniels-Tom Brady reunion rumors.