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Sharps Waste
Reusable Sharps Container Exchange Program
Laboratory personnel who generate sharps waste are required to utilize approved containers for the collection of sharps waste within the lab. When containers are full*, lab personnel in the Life Sciences and CMM Buildings, as well as those in the Clinical and Basic Science Towers, must bring the containers to a conveniently located central location each Wednesday at the designated time.
* Please utilize the "fill" line on the side of each Daniels sharps container to ensure they are not overfilled. In general, sharps containers should not be filled in excess of 75% container capacity.
Sharps waste generated in areas not specifically listed/identified above shall continue to be managed according to current policies, procedures and guidelines (see guidance below).
*** IMPORTANT *** Reusable sharps containers should no longer be placed outside of your laboratory door to await pickup, but rather should be maintained in an area inside of your lab until you're ready to bring them to the designated drop off location.
Prior to bringing your full sharps containers down to EH&S personnel, please be sure that the sharps container is fully closed, securely locked and free from gross contamination.
EH&S Staff will provide you with a clean replacement container for each full one you bring down.
For further instruction on how to properly close/lock your sharps container, please see the instructional material below:
- Sharpsmart Access Plus Container Instructions For Use
- Sharpsmart Access Plus Container Instructions For Use (Spanish)
- Sharpsmart Standard Container Instructions For Use
- Sharpsmart Standard Container Instructions For Use (Spanish)
Additional Resources
- Collection Calendar
- Frequently Asked Questions
- About the Container
- Sharps and Regulated Medical Waste Segregation Guide
- Sharpsmart Safety Poster
- Sharpsmart Safety Poster (Spanish)
- Sharpsmart Brochure
- Reusable vs Recycle
- Sharpsmart Video
- Regulated Medical Waste Poster
- Sharps Safety
Disposable Sharps Container Program
Sharps waste generated in areas not specifically listed/identified above shall utilize industry approved disposable sharps containers that meet the specific needs of their laboratory operations and processes. These containers can be purchased through an approved vendor, such as Fisher Scientific (see below for Fisher Scientific disposable sharps container purchasing information) when EH&S supplies are exhausted or a type/size desired for your space is not available through EH&S. You are not limited to utilizing Fisher Scientific sharps containers as there are many similar containers that can be found through a number of online or catalog companies.
To order through Fisher Scientific, please navigate to their website at www.fishersci.com and reference catalog number 14-826-126 (through the 14-826-139 series) in the search engine.
Disposable sharps containers may be brought to any of the regularly scheduled hazardous waste pickups identified on the Waste Collection Calendar for proper disposal through EH&S.
Alternatively, disposable sharps containers and the contents therein may be packaged into a RMW red bag/box setup as long as the lid is securely affixed to the container and that you TAPE THE LID CLOSED with the same type of tape used to seal the RMW boxes to ensure that nothing escapes from the sharps container(s) packed inside, which could cause serious injury.
For more information on sharps container management and disposal options, please contact the program contact(s) listed below.
Walter Julias
Laboratory & Hazardous Waste Manager
Tel: (631) 632-3739
E-mail: firstname.lastname@example.com


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I get so many emails about our brethren north of the boarder not having any good bonus deals for cards. Well I can at least offer, for a short time, a much better offer than the std 20,000 point deal. Take a look at this one:
So there you go. I know you all would still like more, but at least you have one to look at for now! And for the rest of us, well, we still have some good choices too – René
▲Delta▲SkyMiles® Credit Card
American Express – RESERVE/PLATINUM/GOLD
Click here for more information
Join the 1000+ Delta Points daily e-mail subscribers

subset: commoncrawl


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Kito+ Review - The Pocket Sized Health Monitor For Your iPhone
Health is a thoroughly explored area for the gadget industry. Nowadays it seems like everything has a heart monitor bolted onto it. Azoi has entered the fray with something different - the Kito+ - an iPhone case with the ability to measure heart rate, ECG, blood oxygen, respiration rate and skin temperature.
The standalone unit looks like the 80s vision of a futuristic tape deck, as the two large metal sensors add a delightfully retro look & feel. While the case itself won't win any awards, it has a satisfyingly grippy feel to it. If I was to be picky, the buttons are really stiff and hard to press (that's what she said).
And operation is pretty damn simple… From talking to the team at Gadget Show Live up until now, I'm still really impressed by the sheer ease of activating the Kito+, opening the app, placing your fingers on the sensor and letting it run.
With the two large metal sensors responsible for ECG and heart rate, the smaller one measures skin temperature, and the clear window reveals a pulse-oximeter to measure both O2 saturation and respiration rate.
Accuracy is not 100%, and Azoi wants to make sure you know that this is not a replacement for a doctor with professional diagnostic equipment. Heart rate is accurate within 5bpm, O2 saturation wishing 3.5% and respiration is give or take 3 breaths per minute. Out of all the sensors, skin temperature is the only one with real precision - accurate within 0.3 degrees C.
So all good…right? Well, I hate to be that guy who slams a product with a blunt question here, but what's the point of this being a consumer-facing product?
This is not me having a problem with the gadget itself, but rather how it's being positioned. Maybe this is because I'm not the target audience - this could be ideal for fitness buffs and hypochondriacs. Or more likely, it's because they've gone about bringing the Kito+ to market in the wrong way.
At £99, this is a difficult consumer product to convince yourself to buy, so they need another way of bringing their tech to the masses. If you will allow me, dear reader, to step away from reviewing to pontificate slightly, here's how I would have done it.
Imagine receiving a diagnosis from the doctor, which requires regular check-ups to analyse your progress. Normally, this would require a large time investment from both your GP and yourself begging to get the time off to go.
But instead, he/she prescribes you a Kito+ to keep a shared record of the same information and continue checking up on you over the air. The NHS should really take note of this as a tool for freeing up their doctors' time, which while not as accurate can paint a fair picture for any medical professional to get a general idea of whether they need to see them or not.
Overall, what does this mean? It's a helpful piece of kit, which is currently a bit pointless. Position it differently and Azoi could have a potential game changer on their hands!


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South Lodge, Circus Road, NW8£3,495,000
An elegant three double bedroom apartment (option for a fourth bedroom) comprising 1975 sq ft / 183 sq m, located on the third floor of this much sought after portered building in St John's Wood. The triple aspect reception room provides an abundance of natural light and overlooks the attractive and well maintained communal gardens. The apartment is located in a prime position within the building and benefits from 24 hour porterage, passenger lift, leasehold 994 years plus a share of freehold. South Lodge is located 0.3 miles from St John's Wood underground station (Jubilee Line) which provides access to the West End and Canary Wharf, as well as the cafes and amenities of St John's Wood High Street.
Interested in this property? Call us on 020 7722 2223 orArrange Valuation
Stamp Duty Calculator
What level of Stamp Duty should you be paying? Use our Stamp Duty calculator tool to calculate the stamp duty charged on purchases of property in the UK.
Stamp duty rates (SLDT) on UK property transactions are linked to the price paid for a purchase.
Stamp duty is calculated over a number of different thresholds with clear delineation between the differing rates and is payable by the purchaser when buying a property, usually through the solicitor on completion of sale.
The rates for commercial property are different to residential and our calculator will offer guidance on residential property only.
A first time buyer is classified as someone who has never owned a residential property abroad or in the UK. Including leasehold properties. First time buyers cannot get stamp duty relief on buy-to-let properties and the purchase must be your only residence.
For first time buyers, a change to the stamp duty means that anyone buying their first home won't be liable for stamp duty if the purchase price is below £300,000.
Further relief is available for purchases up to £500,000 to help first time buyers in more expensive locations such as London.
Please note that our calculator factors in the location of the property and will calculate the first time buyer relief at £500,000.
In the 2015 autumn statement, the chancellor George Osborne announced that from April 2016 the SDLT (Stamp Duty Land Tax) would increase on any purchase of a second property.
The tax is applied to properties bought as a second home or a buy-to-let and will apply even if the property isn't let out. However mobile homes, houseboats and caravans are classed as exempt. For most transactions the higher stamp duty will only apply to purchases of buy-to-let or second homes.
Someone who already owns a second home or buy-to-let, who plans to move house should also be exempt from the higher stamp duty rate, as the owner plans to replace their main residence.


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Santa's Elves
These days we are running around making miracles happen for the holidays. Last minute pillows and accessories, furniture deliveries, window treatment installs, you name it we're doing it. I love the wild pace. The heightened energy is invigorating. Here are a few snapshots of our busy days.
Want to keep the conversation going?
Follow me on: Instagram- amymeierdesign | Twitter- amymeierdesign


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Ryan Avent summarizes a new BOE paper at The Economist. As captioned, the paper makes it rather clear that the arguments against increased equity by the TBTF (Too Big to Fail) banks just don't hold water.
(snip snip)
Mr Jenkins concludes by asking the obvious question and providing some possible answers:
If these are in fact myths, why do bankers propagate them? Are they not working for their shareholders? Do they not have a paramount interest in financial stability? Do they not want their respective financial centres to be strong and confidence inspiring? Surely they would never dream of putting their personal interests ahead of those of society and their owners? I let you be the judge. But I can think of a few possible explanations. First, it is conceivable that many bankers simply do not understand the basics. Have you met a single senior banker who understands his cost of capital? I have not – though I should probably get out more. Second, many do not understand fully the notion of risk-adjusted returns – witness their recent quest gone wrong of chasing returns without adequate understanding of risk. Third, many managements remain transfixed by the notion of RoE as the primary measure of profitability. They have promised it to their boards and to their shareholders. The targets were written into their remuneration plans. Results fed their bonuses. And there is no doubt about it, all else being equal, higher equity reduces the measure of short term RoE. Never mind that it is the wrong measure and therefore the wrong target. Finally, it is possible that some bankers and boards actually wish they had more capital – but dare not admit it without putting their jobs at risk. This is partly because many have insisted throughout that they were "well capitalized" and partly because they demonstrably failed to tap the market for equity each time it could have been had more cheaply.


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irlines Reporting Corp. (ARC) reported today that the number of passenger trips* settled by ARC for U.S. travel agencies increased 5.7 percent to 25,994,191 compared to 24,602,294 in January 2017. The consolidated dollar value of airline tickets sold by U.S.-based travel agencies increased 8.4 percent in January as compared to 2017, totaling $8.4 billion vs. $7.7 billion.
The average U.S. roundtrip ticket price* for January 2018 was $458, down $15 from December 2017. Average January 2018 ticket prices are down approximately two percent compared to January 2017.
Electronic Miscellaneous Document (EMD)** sales in January 2018 comprised almost $7.3 million, a 23 percent increase compared to January 2017. EMD transactions also increased seven percent to 119,567 in January 2018 vs. 103,329 in 2017.
More detailed information is available on ARC's website.
*Ticket Sales
- Results are based on monthly sales data ending January 31, 2018, from 12,076 U.S. retail and corporate travel agency locations, satellite ticket printing offices and online travel agencies. Results do not include sales of tickets purchased directly from airlines.
- Average ticket price (in USD) for a roundtrip ticket settled through ARC for an itinerary that included only U.S. domestic travel.
- Passenger trips include the total number of passengers taking a trip from one airport to another using either direct or connecting flights. Newly issued trips are added and refunded trips are deducted to provide a net view of traveling passengers.
- Total sales are equal to the total amount paid for a ticket, which includes taxes and fees.
**Electronic Miscellaneous Documents (EMD)
- Includes fees for products and services such as upgraded seats, checked luggage, an unaccompanied minor, pet-in-cabin, etc.
Logos, product and company names mentioned are the property of their respective owners.


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Bechara Y. Ghorayeb, MD. 1140 Business Center Drive, Suite 560. Houston, TX 77043. Phone: (713) 464 2614
Post-Op Instructions for Ear Surgery
Endolymphatic Shunt
In the immediate post-operative period, the patient may experience some vertigo, nausea or vomiting. It is therefore preferable to stick to a liquid diet or a light bland meal. A regular diet may be resumed the day after surgery. It is not unusual to experience some earache on mastication and possibly, some difficulty in fully opening the mouth.
Wound Care
The operated ear is usually packed and full of blood. It will feel clogged and you may hear crackling sounds. On the side of the operated ear, the temple and the region around the orbit (eye) may become a little swollen
If you have a dressing wrapped around the head or
sutured behind the ear
, please keep that dressing dry and avoid water at any cost. In general, such a dressing is removed a couple of days after the surgery. If you have a cotton ball in the ear, change it when it gets soaked and replace it with a clean cotton ball. It is not necessary to use a band aid or adhesive tape to hold the cotton ball. Use a little antibiotic ointment to make the cotton ball stick.
Wounds that are sealed with Dermabond (a thin film of acrylic) do not require any care. Do not apply antibiotic ointment on the acrylic.
1. Do not allow any water to enter the operated ear. Protect the ear when showering or washing the hair with a cotton ball coated with Vaseline. It is a good idea to have someone help you with washing the scalp to avoid water. When finished washing, remove the coated cotton, wipe the ear with a soft paper tissue and place a clean, dry cotton ball. A little antibiotic ointment may help the cotton ball stick and stay in place. A shower cap provides extra protection.
2. Thick, dark or bloody ear drainage is expected during the first week after surgery. You may clean the crusting from the outer part of the ear with peroxide and Q-tips. Replace the cotton ball in the ear with a clean, dry piece when the current one is soiled. Occasionally, you may see brown or dark red pieces of packing (Gelfoam) extruding from the ear canal. Do not attempt to replace them or to remove the remaining pieces that are still in the ear canal.
3. Do not blow your nose for at least two weeks from the day of surgery. Blowing can build excessive pressure in the operated ear and displace the reconstructed or grafted eardrum.
4. If you have to sneeze, please do it with your mouth wide open to avoid pressure build up in your ear.
5. When sleeping, try to sleep on the unoperated ear.
Antibiotics are usually prescribed, please take them as directed until they are all gone. You may take pain medication as needed. Pain medications cause drowsiness, somnolence, nausea and constipation. Please refrain from driving, operating machinery or making important decisions when taking painkillers.
If you have a wrap-around dressing or a
dressing sutured behind the ear
, please make an appointment in 2 to 3 days to have it removed. Call
(713) 464 2614
for an appointment.
Contact our office and report any:
Excessive headache, severe attacks of dizziness or vertigo or intractable vomiting
Temperature above 102 degrees
Facial paralysis ( Inability to close the eye and crooked smile like in Bell's Palsy)
We do not
painkillers over the phone.
We are unable to
your medications on weekends or after hours.
For prescription refills, please call during office hours:
Monday-Thursday: 9:00 am - 4:30 pm
Friday: 9:00 am - 3:30 pm
and more information, please visit Dr. Ghorayeb's website at:


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Black-clad Indian commandoes raided two luxury hotels to try to free hostages today, and explosions and gunshots shook India's financial capital a day after suspected Muslim militants killed 104 people.
Black-clad Indian commandoes raided two luxury hotels to try to free hostages today, and explosions and gunshots shook India's financial capital a day after suspected Muslim militants killed 104 people.
Rescue efforts continued throughout the day amid sporadic gunfire, with some hostages escaping and others rescued by police. Several bodies were carried out of the five-star Taj Mahal Palace and Tower hotel, one of 10 sites seized by gunmen on Wednesday night.
More than 300 were also wounded in the highly coordinated attacks by bands of gunmen armed with assault rifles, hand grenades and explosives.
Flames burst from the hotel's top floors and dome shortly after the attack began Wednesday night, and erupted again after commandoes raided the building Thursday.
After dusk today, the soldiers ushered several dozen captives out of the Oberoi hotel, another Mumbai landmark.
One of the freed hostages who did not give his name told reporters he had seen many bodies inside the hotel. He refused to give more details, saying he had promised police not to discuss the rescue while it was ongoing.
The Maharashtra state home ministry said 45 captives had been freed from the Oberoi and 35 were still trapped inside.
Police said they were going slowly to protect the captives.
"The safety of the people trapped is very important," said A. N. Roy, a senior police officer. "It will take time but it will be completed successfully," he said.
Among the dead were at least one Australian, a Japanese and a British national, said Pradeep Indulkar, a senior government official of Maharashtra state, whose capital is Mumbai. An Italian and a German were also killed, according to their foreign ministries.
Police said 104 people were killed and 314 injured. Officials said eight militants were also killed.
The most high-profile target was the Taj, a landmark of Mumbai luxury since 1903, and a favorite watering hole of the city's elite.
Soldiers outside the hotel said the operation would take a long time as forces were moving slowly, from room to room, looking for gunmen and traps.
In the afternoon, bodies and hostages slowly emerged from the building. At least three bodies, covered in white cloth, were wheeled out.
About a dozen people, including foreigners, were also evacuated from the hotel and whisked into a waiting ambulance. Several of them carried small pieces of luggage. One older man was carried into the ambulance by police.
The attackers, dressed in black shirts and jeans, had stormed into the hotel at about 9:45 p.m. Wednesday and opened fire indiscriminately.
"I was in the main lobby and there was all of a sudden a lot of firing outside," said Sajjad Karim, part of a delegation of European lawmakers visiting Mumbai before a European Union-India summit.
Suddenly "another gunmen appeared in front of us, carrying machine gun-type weapons. And he just started firing at us ... I just turned and ran in the opposite direction," he told The Associated Press over his mobile phone.
The shooting was followed by a series of explosions that set fire to parts of the century-old edifice on Mumbai's waterfront. Screams were heard and black smoke and flames billowed, continuing to burn until dawn.
Dalbir Bains, who runs a lingerie shop in Mumbai, was about to eat her steak by the pool at the hotel when she heard the sound of gunfire. She said she ran upstairs, taking refuge in the Sea Lounge restaurant, with about 50 other people.
They huddled beneath tables in the dark, trying to remain as quiet as possible while explosions were going off.
"We were trying not to draw attention to ourselves," she said. The group managed to escape before dawn.
The gunmen also seized the Mumbai headquarters of the ultra-orthodox Jewish outreach group Chabad Lubavitch. Around 10:30 a.m., a woman, a child and an Indian cook were seen being led out of the building by police, said one witness.
Chabad spokesman Moni Ender in Israel said there were eight Israelis inside the house, including Rabbi Gavriel Noach Holtzberg and his wife.
Dozens of Indian commandoes surrounded the five-story building, where heavy curtains hung behind windows broken by gunfire. Outside the center, thousands of people stood in the narrow alleyways watching the standoff.
Among those foreigners still held captive in all three buildings were Americans, British, Italians, Swedes, Canadians, Yemenis, New Zealanders, Spaniards, Turks, a Singaporean and Israelis.
At least three top Indian police officers including the chief of the anti-terror squad were among those killed, said Roy.
The United States and Pakistan were among the countries that condemned the attacks.
In Washington, President George W. Bush offered Singh "support and assistance" as he works to restore order in the populous and growing Southwest Asian nation, according to White House press secretary Dana Perino.
The motive for the onslaught was not immediately clear, but Mumbai has frequently been targeted in terrorist attacks blamed on Islamic extremists, including a series of bombings in July 2006 that killed 187 people.
An Indian media report said a previously unknown group calling itself the Deccan Mujahideen claimed responsibility for the attacks in e-mails to several media outlets. There was no way to verify that claim.
Magnus Ranstorp, a terrorism specialist with the Swedish National Defense College, said there are "very strong suspicions" that the coordinated Mumbai attacks have a link to al-Qaida.
He said the fact that Britons and Americans were singled out is one indicator, along with the coordinated style of the attacks.
Indian Prime Minister Manmohan Singh blamed "external forces."
"The well-planned and well-orchestrated attacks, probably with external linkages, were intended to create a sense of panic, by choosing high profile targets and indiscriminately killing foreigners," he said in address to the nation.
Later that day, the Indian navy said its forces were boarding a cargo vessel suspected of ties to the attacks.
Navy spokesman Capt. Manohar Nambiar said today that the ship, the MV Alpha, had recently come to Mumbai from Karachi, Pakistan.
Mumbai, on the western coast of India overlooking the Arabian Sea, is home to splendid Victorian architecture built during the British Raj and is one of the most populated cities in the world with some 18 million crammed into shantytowns, high rises and crumbling mansions.
Among the other places attacked was the 19th century Chhatrapati Shivaji railroad station a beautiful example of Victorian Gothic architecture where gunmen sprayed bullets into the crowded terminal, leaving the floor splattered with blood.
"They just fired randomly at people and then ran away. In seconds, people fell to the ground," said Nasim Inam, a witness.
Other gunmen attacked Leopold's restaurant, a landmark popular with foreigners, and the police headquarters in southern Mumbai, the area where most of the attacks took place. Gunmen also attacked Cama and Albless Hospital and G.T. Hospital, though it was not immediately clear if anyone was killed.
Associated Press writers Ramola Talwar Badam, Erika Kinetz and Jenny Barchfield in Mumbai, Raphael G. Satter in London and Cristian Salazar in New York contributed to this report.


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Faithless Consumerism
My Father is glorified by this, that you bear much fruit and become my disciples. —Jesus
"While I was on my way and approaching Damascus, about noon a great light from heaven instantly shown about me and I fell to the ground. I heard a voice saying to me, 'Saul, Saul, why are you persecuting me?'"
"Who are you, Lord?" I asked.
"I am Jesus of Nazareth whom you are persecuting."
"What do you want me to do?"
"Get up! Go to Damascus and there you'll be told everything that has been assigned you to do."
After so many years of this Sunday life of yours—scrambles at your favorite courses, oh-so-nice brunches with your friends from work, poetry readings at those hole-in-the-wall bookstores, sleeping in till almost noon and catching all the games—you realize that inner void, that depthless emptiness just isn't dissipating and decide that it might be time to revisit your faith and get reacquainted with your Creator and His Messiah. You put on your Sunday best and drive down to that big church just south of downtown, the one that has its pastor on billboards all around town, and find yourself being directed by parking-lot attendants, greeters, and ushers to a VIP section of concert seats roped off from the rest of the crowd.
It's just so nice, isn't it?
The message doesn't sound all that familiar with what you heard as a kid, but it doesn't disappoint either. You might have walked through life without any thought of prayer, self-denial, selflessness, or mission, but that's not a problem, the pastor preaches. Like the rich young ruler, you lack just one thing. Fixing this right away, you nod a smile back to the usher who caught a glimpse of your tithe check as you put it in the bucket passing by. Now all is well with you and the Lord.
It's just so nice, isn't it?
After so many handshakes, thank-you-for-comings, and pleas of please-come-back-and-see-us, and having been whisked back to your car by that bubbly parking-lot attendant, you're left alone with your thoughts. That foreboding emptiness is filling out your soul. Why is that? Your mind cuts to that cute teenaged girl who led your vacation Bible school that one summer who was so determined, so hungry for the things of God, and your eyes well up with tears as you recall her reading the words of Paul around a campfire.
Five times I have received from the Jews the forty lashes minus one. Three times I was beaten with rods. Once I received a stoning. Three times I was shipwrecked; for a night and day I was adrift at sea. Many times I was in danger from rivers, from bandits, from my own people, from the Gentiles, in the city, in the wilderness and the sea, from false brothers. Many nights I've gone sleepless, hungry, thirsty, often without food, cold, and naked. And it has all been to get ahold of what has gotten ahold of me because, after all, I am a slave to the Lord.


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3D/VR Tour Pros Leverage Chinese Real Estate Buyers via DaiWoKan.com to Help Real Estate Agent Win More and Bigger Listings More Often
How will access China help your 3D Tour photography business?
Driven by expanding wealth in China and a desire for a haven against political instability, Chinese buyers are flocking to the United States to invest in property.
The Chinese spent over $33 billion on United States real estate in 2016. Property owners, agents and property developers have taken note to the increase in overseas buyers coming out of China and want to showcase their properties to these affluent overseas consumers.
Using 3D/VR Tours, DaiWoKan (DaiWoKan Chinese website | DaiWoKan English website) provides a superior user experience for Chinese consumers looking to invest in United States Real Estate.
As a Matterport Pro, featuring your 3D/VR Tours in China will impress your real estate clients and provide your business the competitive advantage needed to:
- help you get more 3D/VR Tour business from real estate agents
- help your client win more and bigger listings more often
Over the past decade, international buyers have been flooding the United States real estate market buying properties across the country. Many of these buyers are from China and often they begin their search overseas; some buyers purchase homes sight unseen, relying on their friends, relatives or agents to provide feedback on the condition of the property.
DaiWoKan has developed a website (DaiWoKan Chinese website | DaiWoKan English website) to help these buyers with their home search and offers the unique ability to really explore potential properties through a 3D/VR Tours. DaiWoKan partners with the most trusted real estate brokerages in the United States to list their exclusive properties.
Potential Chinese buyers can access the following properties in 3D/VR to get an unparalleled view of these properties:
- resales homes
- new construction
- new developments
- student housing
DaiWoKan buyers can view homes from such brokerages as:
- Sotheby's International Realty
- Coldwell Banker
- Lennar
- Ritz-Carlton Residences
- Douglas Elliman
All listings on the DaiWoKan website must include a 3D Tour.
Each 3D Tour begins with a floorplan overview. From there, the viewer can zoom in and actually experience the home as if they were walking through in person. Through this innovative tool, the actual home is available to potential buyers right from the comfort of their own home on their computers, tablets or phones.
DaiWoKan provides its users with an easy translation option on the site when viewing homes available for sale and rent. There they also provide information regarding the Chinese real estate market and information about the Chinese people and culture. DaiWoKan has been helping their clients navigate the real estate market between China and the United States since 2015. In that time, DaiWoKan has represented such iconic properties as:
- Michael Jackson's Neverland Ranch
- Michael Jordan's Chicago Estate
- Tommy Hilfiger's New York City Penthouse
By using the latest innovations in technology, buyers from all over the world can now experience home listings as if they were there in person with DaiWoKan Reality home 3D/VR tours powered by Matterport.
About DaiWoKan and Aerial Look and Matterport Pros
Daiwokan has partnered with US-based Aerial Look to access Aerial Looks' current and future client base consisting of industry leading:
- brokerages
- builders
- developers
- property owners throughout the US
Aerial Look will enable their clients to feature United States based property listings in China on DaiWoKan.
Aerial Look also works with DaiWoKan to facilitate any Matterport 3D/VR Spaces scanning requests for properties throughout the United States that originate on the DaiWoKan website.
Aerial Look uses its current footprint accompanied by the foot print of other We Get Around Network Members (Map) to serve the 3D scanning needs of DaiWoKan's United States clients.
Special Offer
We Get Around Network Basic, Standard and Premium Members receive:
- Free! – all listings posted to DaiWoKan.com by 31 December 2017
- 50 percent off 2018 Listings – when you upload a minimum of 10 Listings by 31 December 2017: that's $9.99 instead of $19.98
- Please see the Welcome Onboard Letter for the We Get Around DaiWoKan Promo Code Request Form


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The Master's tools
It takes a very special set of tools to work in a medium as challenging and unforgiving as wood.
John's wood carving tools waited more than 200 years to find their way into his hands. In a divine twist of fate and good fortune, John Bryan purchased a special set of 120 chisels that had been neglected in an estate attic for over 100 years. To his delight, he discovered that these chisels were brand new, never used and had been hand forged over 200 years ago by the artisan toolmakers, Addis, during one of the greatest woodcarving periods in the history of the world.
These chisels were hand-forged and annealed in a process so refined that many consider these tools as works of art in their own right.
As evidenced by his new set's pristine blades, most of the Addis chisels had never been sharpened or used since their original forging. It was as if the tools had been made for him to discover, and that the marriage between artist and chisels was meant to be rekindled in a more modern world. Much like fabled Japanese swordsmith Masamune, the Addis toolmakers created legendary tools that stand as a testament to their craft. It is this very set of chisels that John Bryan now uses to carve his masterworks.
All shapes and sizes
There are many different types of chisels in John's arsenal and each was created for a specific task. The sizes vary in terms of thickness of the steel, the ends width and profile and curvature, or "sweep" of the blade. Chisels with sweeps are called gouges. V-parting tools have "v" shaped profiles. Flat blades are referred to as chisels. Some chisels have bent shafts and some have bent ends. All evolved from a carver's need to access various parts of a carving, and are kept razor sharp using stones to hone them.
Talking about destiny
John's tools waited a century or more to find their way into his hands. The set of chisels he uses are heavily collected artworks in their own right, and are fit for a museum. John believes that these tools have souls - they were created for a purpose and will remain unfulfilled if they are sitting in a collector's display. Using them to create incredible wooden art pieces opens the door for timeless results. Carving with these tools restores the relationship between artist and these chisels - as it was upon their creation.


text: This past week I had the pleasure of speaking to the Old Greenwich Art Society. The topic was "The Devil is in the Details" and I talked about using the crucial detail to make a piece "sing." As part of the presentation, we did a fun exercise using only security envelopes and a glue stick, backed onto computer paper. No scissors, only torn edges. Below are two wonderful examples from the class. And the great/sad thing about this project is that you probably have everything you need to replicate this idea at home already. But at least it makes paying bills just slightly more interesting.


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In case you couldn't tell, I'm fresh from my morning work out. I've amped it up this week to combat a few extra pounds that managed to creep around my waist when I wasn't looking. I try to exercise at least five days per week, and it's become habitual enough that I feel out of sorts if I miss a day.
There have been several physical benefits to my exercise regimen. My lower backaches have all but disappeared. I've stopped having chronic sinus infections. Best of all, I can eat practically anything I want (in moderation - the aforementioned extra pounds were directly related to my failure to follow this rule and a bag of Ruffles potato chips) and not gain weight.
Physical exercise is good for more than the body. There are real reasons why working out is good for your writing too.
1. Physical exercise boosts creativity. I'm sure there are scientific studies that quantify this fact, but I don't need them - my own experience is validation enough. I always make sure to have a notebook and pen at hand because so many good ideas come flooding into my head while I'm exercising that I could never remember them all without jotting them down.
2. Physical exercise improves your mood. Unless you've discovered a huge market for sob stories, depressed writers are not terribly popular or productive. The endorphins released during exercise plus the stimulation of blood flow to the brain help you feel happier and less stressed.
3. Physical exercise improves your strength and endurance. Writing may be a sedentary occupation, but it still requires stamina. Strengthening the core muscles prevents back fatigue and pain that can distract you from the work in progress, and force you away from the desk earlier than necessary.
Invest some time and energy in discovering a form of exercise that works for you. I think it's key to find something you enjoy doing and that fits into your life without too much disruption to your daily schedule.
Then make a habit of it. The dividends are well worth it.
How about you? Has physical activity helped your writing? Discuss.


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No. 03-10511
CHARLES W. McCALL; JAY M. LAPINE,
On Appeal from an Order of the United States District Court for the Northern District of California
General Counsel
Deputy General Counsel
Associate General Counsel
Assistant General Counsel
Senior Counsel
Securities and Exchange Commission
450 5th Street, N.W.
Washington, D.C. 20549-0207
Telephone: (202) 942-0823 (Schweitzer)
A. The Commission Seeks Work Product from Companies to Expedite its Investigations
B. The Commission Obtained Work Product from McKesson Under a Confidentiality Agreement
A. Courts Have Recognized that Sharing Otherwise Protected Information with Government Investigators Pursuant to a Confidentiality Agreement Does Not in Itself Waive Work Product Protection
1. Courts Have Encouraged Reliance on Confidentiality Agreements
2. Cases Disapproving Reliance on Confidentiality Agreements Should Not Be Followed Here
3. Cases Rejecting the Selective-Waiver Theory Do Not Reject Reliance on Confidentiality Agreements
B. Important Public Policy Considerations Weigh in Favor of Finding that the Submission of Work Product to the Commission Under a Confidentiality Agreement Does Not Waive Work-Product Protection
1. Production of Work Product to the Commission Without Waiver of Work-Product Protection Serves Important Public Interests
2. Confidentiality Agreements Assure that Preserving Work-Product Protection Serves the Public Interest
3. Production of Work Product to the Commission Without Waiver of Work-Product Protection Will Not Harm the Public Interest or Disadvantage Criminal Defendants or Private Litigants
Brady v. Maryland,
Dellwood Farms, Inc. v. Cargill, Inc.,
128 F.3d 1122 (7th Cir.1997)
Diversified Indus., Inc. v. Meredith,
572 F.2d 596 (8th Cir. 1977) (en banc)
Florida State Board of Administration v. Waste Management, Inc.,
No. 98 L 6034 (Ill. Cir. Ct. April 2, 1999)
Green v. McKesson Corp., No. 2002 CV 48407
(Fulton County, Georgia, April 10, 2003), interlocutory appeal
granted, No. A03A2428 (Ga. Ct. App. May 21, 2003)
Hickman v. Taylor,
Hunydee v. United States,
355 F.2d 183 (9th Cir.1965)
In re Columbia/HCA Healthcare Corporation Billing Practices Litigation,
293 F.3d 289 (6th Cir. 2002)
In re Grand Jury Subpoena Duces Tecum Dated November 16, 1974,
406 F. Supp. 381 (S.D.N.Y. 1975)
In re Leslie Fay Cos. Sec. Litigation,
In re Sealed Case,
676 F.2d 793 (D.C. Cir. 1982)
In re Six Grand Jury Witnesses,
979 F.2d 939 (2d Cir. 1992), cert. denied, 509 U.S. 905 (1993)
In re Steinhardt Partners, L.P.,
9 F.3d 230 (2d Cir. 1993)
In re Subpoenas Duces Tecum,
738 F.2d 1367 (D.C. Cir. 1984)
McKesson HBOC, Inc. v. Adler,
No. A01A1836 (Ga. Ct. App. March 27, 2002)
McMorgan & Co. v. 1st California Mortgage Co.,
931 F. Supp. 703 (N.D. Cal. 1996)
Merrill Lynch Fundamental Growth Fund, Inc. v. McKesson HBOC, Inc.,
No. CGC 02 405792 (San Francisco County, Cal. June 16, 2003),
petition for review granted, No. S117911 (Cal. Oct. 15, 2003)
(transferred to Cal. Ct. App.)
Pentawave, Inc. v. Homestore.com, Inc.,
No. SC 031526 (Cal. Super. Ct. Nov. 22, 2002)
Permian Corp. v. United States,
665 F.2d 1214 (D.C. Cir. 1981)
Saito v. McKesson HBOC, Inc.,
No. Civ. A. 18553,
2002 WL 31657622 (Del. Ch. Nov. 13, 2002)
SEC v. Jerry T. O'Brien, Inc.,
Shirvanian v. Waste Management, Inc.,
No. 2000 00211 (Tex. Dist. Ct. March 1, 2002)
Trammel v. United States,
United States v. Massachusetts Institute of Technology,
129 F.3d 681 (1st Cir. 1997)
United States v. Schwimmer,
892 F.2d 237 (2d Cir. 1989)
Upjohn Co. v. United States,
Westinghouse Elec. Corp. v. Republic of the Philippines,
951 F.2d 1414 (3d Cir. 1991)
15 U.S.C. 78b
15 U.S.C. 78j
Federal Rule of Civil Procedure 26(b)(3)
Federal Rule of Civil Procedure 26(b)(4)(B)
Final Rule: Implementation of Standards of Professional Conduct for Attorneys, 68 Fed. Reg. 6296 (Feb. 6, 2003)
SEC Administrative Proceedings Release 33-8172 (Dec. 23, 2002)
SEC Administrative Proceedings Release 34-45586 (March 18, 2002)
SEC Administrative Proceedings Release 34-45587 (March 18, 2002)
SEC Administrative Proceedings Releases 34-45588 (March 18, 2002)
SEC Litigation Release LR-16743 (Oct. 2, 2000)
SEC Litigation Release LR-17189 (Oct. 15, 2001)
SEC Report of Investigations Release 34-44969 (Oct. 23, 2001)
Production of work-product materials to a government agency under a confidentiality agreement should not result in waiver of work-product protection because preserving work-product protection in such circumstances is in the public interest and is consistent with the policies underpinning the work-product doctrine.1 If companies cannot produce documents to the Securities and Exchange Commission ("Commission") under a confidentiality agreement without waiving work-product protection, the likely result is that companies will refuse to share written work product with the Commission, as many companies now refuse to do. Consequently, a holding by this Court that McKesson waived its work-product protection would hinder the Commission's future investigations into possible violations of the securities laws, thereby impairing its ability to provide relief to victims of securities fraud as soon as possible. Accordingly, the Commission respectfully requests that this Court hold that McKesson's disclosure of work product to the Commission under a confidentiality agreement did not waive work-product protection.
The Commission is the agency principally responsible for administering and enforcing the federal securities laws, which are designed to protect investors and the integrity of our capital markets. Appellant's Excerpts of Record at 89 (Affidavit of Helane L. Morrison).2 The Commission devotes much of its finite resources to investigating possible violations of those laws, prosecuting violators, obtaining disgorgement of ill-gotten funds, and distributing disgorged funds to defrauded investors. The Commission uses confidentiality agreements, like the agreements at issue here, to obtain information that is important to its investigations but that is usually not otherwise available to it because the information is protected as work product. ER 89-90. The district court's holding that a public company waives work-product protection as to private third parties when it shares its work product with the Commission under a confidentiality agreement will impair the Commission's ability to obtain such information in the future. See ER 89-90, 93.3
Whether, in view of the public interest in enhancing the ability of the Commission to conduct effective and expeditious investigations and the absence of resulting harm to private parties, courts should find that companies do not waive work product protection when they provide work product to the Commission under confidentiality agreements.
The Commission cannot ordinarily compel production of work product by subpoena or court process from companies it investigates. ER 89 90. Most companies being investigated by the Commission are reluctant to produce work product to the Commission because they fear that disclosure to the Commission may waive work product protection as to third parties. ER 89 90, 93. Therefore, to obtain access to work product, the Commission will, in appropriate cases, enter into confidentiality agreements like those at issue here, agreeing not to disclose the materials to third parties and not to argue that production constitutes a waiver as to third parties. ER 89 90. While companies being investigated by the Commission usually would not share their attorneys' work product with private parties suing them - because they would likely face greater liability or settlement demands - the Commission gives appropriate consideration to cooperation in imposing sanctions. Id.; Reports of Investigations Release 34 44969 (Commission Statement on the Relationship of Cooperation to Agency Enforcement Decisions) (Oct. 23, 2001) (explaining why the Commission took action against the individual who had caused a company's books and records to be inaccurate and its periodic reports misstated but not against the company).
The Commission enters into a confidentiality agreement only when it has reason to believe that obtaining the work product will promote the public interest by significantly expediting the successful prosecution of enforcement actions or facilitating early settlements, thereby saving Commission time and scarce resources. ER 90 92. Completing investigations more quickly also enables the Commission to obtain appropriate remedial relief more quickly, which may include compensating victims of wrongdoing and ensuring that the securities markets receive reliable information. ER 91 92.
On the day McKesson announced that it was investigating irregularities in its financial statements, Commission staff began an informal inquiry into the matter. ER 94. McKesson had retained the law firm of Skadden, Arps, Slate, Meagher & Flom LLP ("Skadden") in connection with its own internal investigation of that matter, and the staff met with representatives of Skadden. ER 94. During those meetings, Skadden explained that McKesson's Audit Committee had retained Skadden to determine the nature, extent, and magnitude of all accounting issues and the individuals responsible for any irregularities that might be uncovered. Id. Skadden also explained that the Audit Committee had directed Skadden to cooperate fully with the staff, subject to a suitable confidentiality agreement. Id. The staff accepted this offer of assistance, believing that access to the information developed by the Audit Committee's investigation would materially assist its own investigation. ER 95-96.
The Commission staff ultimately signed two confidentiality agreements with McKesson, and McKesson agreed to give the Commission an internal audit report and back-up materials, including Skadden's selection of contemporaneous documents that were exhibits to the report and interview summaries (collectively, the "Report"). ER 80-83, 95-96, 171-74. In both confidentiality agreements, McKesson represented that the Report contains and reflects communications and mental impressions protected by the attorney-client privilege and work-product doctrine. ER 81, 172. McKesson further represented that "[McKesson] has not waived, and does not intend to waive, the work-product, attorney-client, or any other applicable privilege as to any third-party." ER 82, 173.
The Commission staff agreed not to "assert that [McKesson's] voluntary production of the [Report] to the Commission, or that the Commission's disclosure of the [Report] to other law enforcement officials, constitutes a waiver of such privilege as to any third party." ER 82, 173. The staff further agreed to "maintain the confidentiality of the [Report] under this agreement, and . . . not to disclose the [Report] to any third party, except to the extent that the Staff determines that disclosure is otherwise required by federal law or in furtherance of the Commission's discharge of its duties and responsibilities." ER 81, 172.
The Report, produced to the Commission under confidentiality agreements, significantly expedited the staff's investigation, allowing the Commission to use roughly half the number of persons that would otherwise have been needed for the investigation and saving the Commission at least several hundred hours of time reviewing documents and interviewing witnesses, because the Report identified the primary wrongdoers and provided evidence of intentional fraudulent conduct. ER 96-97.
The Report thus enabled the Commission to file a succession of enforcement actions against individuals considered principal wrongdoers sooner than it otherwise could have. Id. On September 28, 2000, the Commission filed a civil injunctive action for fraud and other securities law violations going back to 1997 against Jay Gilbertson, Albert Bergonzi, and Dominick DeRosa. SEC v. Gilbertson, Bergonzi, and DeRosa, No. C 00 3570 (N.D. Cal. 2000); Litigation Release LR 16743 (Oct. 2, 2000); ER 96 97. At the time the Commission filed that action, DeRosa, who had been an officer at HBO & Company ("HBOC"), consented to the entry against him of a permanent injunction as to all of the alleged violations; he also agreed to be barred from serving as an officer or director of a public company for five years and to disgorge $361,528.80 in ill gotten gains (including interest) and to pay a civil penalty of $50,000. Id. On September 27, 2001, the Commission brought two additional civil actions against six former corporate officers at HBOC, including Jay Lapine, a defendant appellee here. SEC v. Lapine, No. 01 3650 (N.D. Cal.), and SEC v. Smeraski, et al. , No. 01 3651 (N.D. Cal. 2001); Litigation Release LR 17189 (Oct. 15, 2001). When the actions were brought, four of the defendants consented to entry of permanent injunctions against them and agreed to disgorge $548,930.90 in ill gotten gains and to pay $205,000 in civil penalties. Id. Subsequently, on March 18, 2002, the Commission instituted and settled administrative proceedings against three former HBOC accountants, suspending them from appearing or practicing before the Commission. Administrative Proceedings Releases 34 45586 (In re Timothy Heyerdahl), 34 45587 (In re David Held), and 34 45588 (In re Elaine Decker) (all March 18, 2002). In December 2002, the Commission brought an administrative proceeding against the chief outside auditor for HBOC during 1997 and 1998 to suspend him from appearing or practicing before the Commission. In re Robert Putnam, Administrative Proceedings Release 33 8172 (Dec. 23, 2002). On June 4, 2003, the Commission filed a civil injunctive action for fraud and other securities law violations going back to 1998 against Charles McCall, the former Chief Executive Officer of HBOC and Chairman of the Board of Directors of McKesson after its merger with HBOC and the second defendant appellee here. SEC v. McCall, No. CO3 2603 (N.D. Cal. 2003); Litigation Release LR 18170 (June 4, 2003).
In separate criminal proceedings related to this appeal, Bergonzi and Gilbertson were indicted for multiple counts of securities, wire, and mail fraud. ER 1 31. After Gilbertson pled guilty in April 2003, ER 208 16, a superseding indictment in June 2003 charged McCall and Lapine with securities fraud along with Bergonzi. ER 217 47.
Once they were indicted, McCall and Lapine sought access to the Report by joining in Bergonzi's and Gilbertson's motion to compel its production, which the district court had granted months before, staying its order pending a decision on McKesson's appeal (No. 03 10024). ER 32 79, 182-203, 248 54. The district court granted McCall's and Lapine's motions to compel for the same reasons it had granted Bergonzi's and Gilbertson's, again staying its order pending a decision on McKesson's appeal. ER 345 49 (referencing and incorporating ER 255 76). After Bergonzi pled guilty in October 2003, ER 357-66, McKesson's original appeal (No. 03 10024) was voluntarily dismissed. ER 380.
In the order on appeal, the district court held that the attorney client privilege never applied to the Report, and that McKesson had waived work product protection by sharing the Report with the Commission and the United States Attorney's Office ("USAO"). ER 255 69, 345 49. Despite acknowledging the Commission's amicus brief, however, the district court did not address the Commission's public-policy arguments that support a finding that McKesson did not waive work-product protection. The district court also did not recognize that courts rejecting the selective waiver theory do not reject reliance on confidentiality agreements and that selective waiver is not necessarily at issue where a corporation enters into a confidentiality agreement with the government.
Determining whether sharing work product with the government under a confidentiality agreement waives work-product protection requires balancing the public interest in facilitating investigations of securities fraud, which may affect many thousands of public shareholders, against any justification for providing work product disclosed to the government to third-party litigants. The Commission submits that the Court should resolve this issue in the interest of prompt and effective government action in dealing with securities fraud.
The work-product doctrine protects the confidentiality of documents prepared by or at the direction of attorneys in anticipation of litigation by preventing opposing counsel from having free access to an attorney's thought processes. Hickman v. Taylor, 329 U.S. 495, 509-12 (1947). The doctrine is codified in Rule 26(b)(3) of the Federal Rules of Civil Procedure.
Because the purpose of the work-product doctrine is to protect an attorney's thought processes from adversaries, disclosure of work product to one adversary generally waives the doctrine as to all adversaries. In re Steinhardt Partners, L.P. , 9 F.3d 230, 235 (2d Cir. 1993); Westinghouse Elec. Corp. v. Republic of the Philippines, 951 F.2d 1414, 1428-29 (3d Cir. 1991). Circuit courts of appeals, however, have repeatedly recognized that disclosure of work product to a law-enforcement agency in the course of an investigation and under a confidentiality agreement may not waive work-product protection. In Steinhardt, for example, the Commission had refused to enter into a confidentiality agreement regarding the work-product submitted to it, and in its amicus brief in that case, the Commission argued that submission of that work product without a confidentiality agreement had waived work-product protection. 9 F.3d at 232, 236. The Second Circuit agreed with the Commission and held that the company had waived protection for the work product it submitted to the Commission. Id. at 235. Nevertheless, as the Commission had also urged, the Second Circuit expressly
decline[d] to adopt a per se rule that all voluntary disclosures to the government waive work product protection. Crafting rules relating to privilege in matters of governmental investigations must be done on a case-by-case basis. Establishing a rigid rule would fail to anticipate situations in which the disclosing party and the government may share a common interest in developing legal theories and analyzing information, or situations in which the SEC and the disclosing party have entered into an explicit agreement that the SEC will maintain the confidentiality of the disclosed materials.
Id. at 236 (citations omitted; emphasis added). See also In re Subpoenas Duces Tecum, 738 F.2d 1367, 1375 (D.C. Cir. 1984) (noting that a party can avoid waiver of work-product protection by "insist[ing] on a promise of confidentiality before disclosure to the SEC"); In re Sealed Case, 676 F.2d 793, 823-824 (D.C. Cir. 1982) (recognizing that a confidentiality agreement with the SEC or other government agency may prevent waiver of work-product protection); Permian Corp. v. United States, 665 F.2d 1214, 1218-19, 1222 (D.C. Cir. 1981) (holding that a confidentiality agreement did not prevent waiver of attorney-client privilege for documents shared with the Commission but work-product protection was not waived).
Relying on federal precedent, Delaware's Chancery Court (Chandler, J.) has also recognized the importance of protecting work product provided to government investigators. That court held that McKesson did not waive work product protection when it disclosed the Report at issue here to the Commission and the USAO under confidentiality agreements, "because it is in the best interests of the shareholders to encourage corporate compliance, and because the law enforcement agencies are designed by our legislature as the first line of defense for such shareholders," and because such a holding "encourages cooperation with law enforcement agencies without any negative cost to society or to private plaintiffs." Saito v. McKesson HBOC, Inc. , No. Civ. A. 18553, 2002 WL 31657622, at *11 (Del. Ch. Nov. 13, 2002).4
Adopting the Commission's position here does not amount to endorsing what has been called the selective waiver theory, as the district court believed. Indeed, courts have usually recognized the importance of confidentiality agreements in the course of rejecting that theory, under which disclosing work product or other privileged documents to one party - usually the government - does not prevent the person from asserting a privilege or the work product doctrine against a different party in other litigation. See, e.g., Diversified Indus., Inc. v. Meredith, 572 F.2d 596 (8th Cir. 1977) (en banc).
In rejecting the selective waiver theory and holding that waiver of work product protection as to one adversary results in waiver as to all, courts have recognized that disclosure of work product to the government may not constitute a waiver if documents are disclosed under a confidentiality agreement with the government. See Steinhardt, 9 F.3d at 235 36; In re Subpoena Duces Tecum, 738 F.2d at 1372 75; Permian, 665 F.2d at 1218 19, 1222. See also Dellwood Farms, Inc. v. Cargill, Inc. , 128 F.3d 1122, 1126 27 (7th Cir.1997) (courts rejected claims of "selective waiver" because possessors of privileged information failed to obtain "an agreement by the person to whom they made the disclosure not to spread it further"). Courts have thus recognized that situations in which a government agency agrees to hold a company's internal report in confidence should be treated differently from situations in which the company turns the report over to the government without a confidentiality agreement.5
The only court of appeals to hold that production of work product to the government under a confidentiality agreement waives the protection has been the Sixth Circuit, over a vigorous dissent. In re Columbia/HCA Healthcare Corp. Billing Practices Litig. , 293 F.3d 289 (6th Cir. 2002). There, the Commission respectfully submits, the dissent correctly assessed the public-policy considerations that support finding that no waiver of work-product protection occurred here. The majority (Moore & Russell, JJ.) acknowledged that public policy supports holding that producing an internal report to government investigators does not result in waiver because producing the report results in "[c]onsiderable savings . . . in time and fiscal expenditure" and encourages both self-policing by companies and settlement of disputes. Id. at 303. The majority nevertheless rejected, without distinction, both the selective-waiver theory and the position the Commission supports here, for two principal reasons. First, the majority said, allowing disclosure to government investigators without waiver would be inconsistent with the rationale for both the attorney-client privilege, which "was never designed to protect conversations between a client and the Government - i.e., an adverse party" - and work-product protection. Id. at 303-04 (discussing waiver of the attorney-client privilege; citations and internal quotation marks omitted), 305 (same analysis applicable to work-product protection). Second, the majority said, government investigators can obtain the information they need without a policy that prevents waiver - "albeit at a higher cost in time and money" - and therefore do not need to "assist wrongdoers" and "prevent[] future litigants from obtaining the same information." Id. at 303 (discussing attorney-client privilege), 306-307 (same analysis applicable to work-product protection).
In dissent, Judge Boggs explained that, contrary to the majority's rationales, he could "find no rule narrowly constraining the considerations that courts may take into account in developing rules regarding a common law privilege or requiring that courts turn a blind eye to the practical effect of the privilege rules that they are charged to create." Id. at 310.6 The same policy choice is presented here: whether the public's interest in prompt and effective action against securities fraud, which affects the interests of thousands of shareholders, justifies allowing companies to provide reports to the government without waiving work-product protection.
Accordingly, the dissent emphasized that courts must look to public policy in developing rules relating to common-law privileges and correctly observed that the majority's rule "does nothing more than increase the cost of cooperating with the government." Id. at 311. Allowing disclosure of privileged or protected documents to the government without waiver provides significant benefits to the public, especially by providing access to "evidence provided by privileged information for which there is no non-privileged substitute or to which there is no path without the privileged evidence." Id. The government's only access to this privileged or protected information is through voluntary disclosure. Id.7 Moreover, as the dissent pointed out, the attorney-client privilege and work-product doctrine prevent private parties from obtaining companies' internal reports that have not been voluntarily disclosed. Id. at 312. The choice is thus between disclosure only to government agencies, which will increase the effectiveness and efficiency of governmental investigations, and no disclosure at all - not a choice between disclosure only to government agencies and disclosure to all parties. Id. at 307.
The district court below indicates that the Third Circuit, like the Sixth, held that producing work product to the government waives work-product protection even if the parties had entered into a confidentiality agreement. ER 195, 268 (citing Id. Westinghouse, 951 F.2d at 1430). The Third Circuit's discussion of the issue in Westinghouse, however, is dicta because its discussion of the impact of confidentiality agreements was not necessary to its holding. The court held that Westinghouse waived work-product protection by disclosing its work product to the Commission before it signed a confidentiality agreement, so it did not need to address the impact of a confidentiality agreement. See 951 F.2d at 1418, 1427. Thus, the majority opinion in Columbia/HCA stands alone.
Moreover, the issue now before this Court was not squarely presented in Westinghouse. First, neither the Commission nor any party explained to the court in that case either the circumstances under which the Commission enters into confidentiality agreements or why obtaining documents under confidentiality agreements that prevent waiver is an important - often vital - investigatory practice where confidentiality agreements are the only way to obtain the documents. Id. at 1427.
Second, the reports at issue in Westinghouse had been produced under a Voluntary Disclosure Program that the Commission instituted in the mid-1970s in connection with the Commission's investigations of the political "slush fund" practices of numerous corporations.8 Reports produced under the Commission's Voluntary Disclosure Program were usually created in lieu of, not in furtherance of, a Commission investigation, and companies prepared the reports after being invited to do so by the Commission, not because they had independently uncovered and investigated violations of the securities laws and had replaced former management who were responsible for those violations. See In re Sealed Case, 676 F.2d at 800-801; In re Subpoenas Duces Tecum, 738 F.2d at 1368-69.
Third, in Westinghouse, the documents disclosed to the Commission advocated favorable treatment of Westinghouse more than they facilitated the Commission's investigation. At Westinghouse's request, its law firm "orally presented its findings to the agency," "showed the SEC investigators one of the [two] letter reports" it had prepared, did not allow the Commission to retain the report, and "did not supply the SEC with any of the documents underlying the presentation and the report." 951 F.2d at 1418.
The district court below relied on cases that rejected the selective-waiver theory to support its holding that McKesson waived work-product protection here. That reliance is misplaced to the extent that the district court did not distinguish between the selective-waiver theory and the position the Commission advocates. The cases on which the district court relied do not squarely address the issues and concerns raised by the Commission in its amicus brief below.9
In its analysis (ER 192-96, 265-69) the district court relied primarily on two cases that involve the selective-waiver theory and that do not involve confidentiality agreements or Commission investigations of corporate wrongdoing: United States v. Massachusetts Institute of Technology ("MIT"), 129 F.3d 681 (1st Cir. 1997) and McMorgan & Co. v. 1st California Mortgage Co. , 931 F. Supp. 703 (N.D. Cal. 1996).10 Those cases involved facts significantly different from those here, and both are consistent with a finding that McKesson did not waive work-product protection by sharing Skadden's Report with the Commission.
In MIT, the university, acting as a defense contractor, had turned over billing records and meeting minutes to the auditing arm of the Department of Defense, as it was contractually obliged to do as part of a routine review of its performance under its defense contracts to ensure that the government had not been "overcharged for services." 129 F.3d at 683. There was no confidentiality agreement between the audit agency and MIT, nor was there any need for one. MIT had subjected itself to the obligation to disclose those documents "by becoming a government contractor." Id. at 686. McKesson, in contrast, had no contractual obligation to share its internal Report with the Commission, and it provided the Report only after obtaining a confidentiality agreement.
McMorgan also involves facts very different from those here. The McMorgan court held that a company had waived both the attorney-client privilege and work-product protection for documents that the company had shared with the government. 931 F. Supp. at 711. The court so held because there was
nothing on the record to indicate that [the company] notified the [government agency] that it refused to produce any of the disputed material as privileged. There is no hint of any protective order or stipulation between [the company] and the [agency] regarding nonwaiver of privilege. There is no hint of evidence that [the company] did anything but simply hand over the documents to the [agency] without a second thought.
Id. (emphasis added). Here, on the contrary, Skadden made clear that McKesson insisted on having a satisfactory confidentiality agreement in place before it would share its internal report with the Commission. ER 80-81, 94-96.
In addition to the case law that supports the Commission's position, significant public policy considerations make clear that submission of work product to the government, under a confidentiality agreement, should not waive work-product protection.11 The primary error in the district court's opinion is its failure to consider and address the significant benefit to the public, without any offsetting harm, that would result from a finding of non-waiver.
Allowing parties to produce work product to the Commission without waiving work-product protection serves the public interest because it significantly enhances the Commission's ability to conduct expeditious investigations and obtain prompt relief, where appropriate, for defrauded investors. ER 92-93. See also Columbia/HCA, 293 F.3d at 311-13; Saito, 2002 WL 31657622, at *6-*11.
The Commission cannot compel public companies to produce work product, and even cooperative companies generally will not produce work product for fear that production will waive work-product protection as to third parties. ER 89-90, 93-94. Companies, however, will be more likely to produce work product if they believe only the government - and not actual or potential adversaries in private litigation - will have access to the documents. ER 89-90, 93-94. McKesson was such a company. ER 94-96. The Commission entered into confidentiality agreements with McKesson because, from the initial meeting between the Commission staff and McKesson, McKesson said it was willing to provide the Commission with work product, but would do so only under a confidentiality agreement. ER 94.
Allowing a company to share work product with the Commission without waiving work-product protection where the Commission has entered into a confidentiality agreement furthers the public interest without circumventing courts' rejection of the selective-waiver theory. The Commission enters into confidentiality agreements only when it has reason to believe that obtaining the work product will serve the public interest by enabling the Commission to improve the quality and timeliness of its investigations, obtain appropriate relief earlier, and save substantial time and resources and/or better preserve its ability to provide monetary relief to investors. ER 90-92.12 Although the Commission must verify that work product is accurate and complete and must conduct its own investigation, this practice is far less time consuming and less difficult than starting and conducting investigations without the work product. ER 92.
McKesson's work product is a good example of the kinds of documents that would likely assist the Commission in an investigation. The documents prepared by Skadden (and the accountants that Skadden retained) saved the Commission at least several hundred hours of time reviewing documents and interviewing witnesses by focusing the Commission's investigation on the primary wrongdoers and providing evidence of the wrongdoers' fraudulent conduct. ER 96-97. Having the materials allowed the Commission to use approximately half the number of persons that would normally have been needed to staff the investigation. ER 96-97. As a result, McKesson's Report greatly expedited the Commission's investigation. See Id.
Work product disclosed under a confidentiality agreement in other Commission investigations has similarly proved to be extremely beneficial. ER 92-93. For example, in one investigation the Commission obtained work product that an accounting firm spent 29,000 hours preparing. Id. In another case it received the results of an investigation that cost $9 million. ER 92. Receiving that information saved the Commission from expending similar amounts of time and resources. ER 92-93. When the Commission can conduct expeditious and efficient investigations, it can then obtain appropriate remedies for investors in a more timely manner. ER 92. The public interest is clearly served when the Commission can promptly identify illegal conduct and provide compensation to victims of securities fraud. On the other hand, the public interest is not well served when the Commission can obtain the information it needs only "at a higher cost in time and money" (as the majority in Columbia/HCA simply assumed any government agency can, 293 F.3d at 303). See Saito, 2002 WL 31657622, at *8 (recognizing that "[e]ncouraging corporations to disclose their internal investigations confidentially allows the SEC to resolve its investigations expeditiously and efficiently"). Because the Commission's resources are finite, increasing the cost of investigations means that some investigations will be deferred or not undertaken at all.
In detailing benefits to the public interest of allowing companies to disclose work product without waiver of work-product protection, the Commission emphasizes the use of confidentiality agreements because confidentiality agreements help prevent companies from making unnecessary or frivolous claims that production of work product did not waive work-product protection. If a corporation discloses documents without obtaining a confidentiality agreement from the government, third-parties should be able to obtain the documents because the corporation has not provided evidence of an intent to protect the documents - and has not shown that it was unwilling to disclose the documents without protection from third-party plaintiffs. See Columbia/HCA, 293 F.3d at 313 n.3 (Boggs, J., dissenting). Moreover, absent a clear government interest in obtaining the documents confirmed by a confidentiality agreement, the benefits to the public interest are likely not strong enough to justify an exception to the general doctrines governing waiver of work-product protection.
These reasons for requiring a confidentiality agreement indicate that the district court's concern that the confidentiality agreements McKesson signed were not unconditional is misplaced. See ER 266 n.10. A confidentiality agreement can justify a finding that no waiver of work-product protection occurred even if the agreement allows disclosure in some future circumstance.13 A conditional confidentiality agreement in the form used by the Commission may, at some time in the future, allow disclosure to a third-party, and such a disclosure may result in waiver of work-product protection. The waiver, however, would occur when the disclosure occurs, not when the confidentiality agreement is signed. Thus, even if at the time it disclosed its work product to the USAO, a company knew that the work product contained exculpatory material that might have to be produced in a criminal case, such knowledge does not result in any waiver.14
In any event, the Commission's confidentiality agreements provide significant protection from disclosure.15 The Commission is rarely - if ever - "required" to disclose internal investigative reports produced to the Commission. The Commission staff uses contemporaneous company documents as exhibits during testimony, rather than documents prepared by a law firm after the events under investigation occurred. In fact, in this case, the Commission has not shown McKesson's Report to anyone outside the government during its investigation.16
Finding no waiver of work-product protection where work product is disclosed to government investigators subject to a confidentiality agreement will not harm the public interest. In particular, the position advocated by the Commission will not harm criminal defendants or private litigants, or put them at a strategic disadvantage.
Criminal defendants like McCall and Lapine will not be harmed by the position advocated by the Commission. Where work product disclosed to government prosecutors provides information helpful to criminal defendants beyond that developed in the course of the prosecutor's own investigation - as the district court below thought McKesson's Report did, ER 271 - disclosure of that information to the government without waiver of work-product protection makes criminal defendants better off than they would have been if the work product had never been disclosed at all. Criminal defendants, under Brady v. Maryland, 373 U.S. 83 (1963), may be entitled to that additional exculpatory information, once it has been turned over to government prosecutors, and the USAO conceded below that it had provided such exculpatory information to the criminal defendants here. See ER 270-71.
If, on the other hand, companies stop disclosing reports of their internal investigations because of a holding that disclosing work product to the government under a confidentiality agreement waives work-product protection - as seems likely - criminal defendants will not be entitled to obtain exculpatory information in such reports.
Private litigants may actually benefit from the government's ability to conduct an expeditious and thorough investigation, because many private securities actions follow the successful completion of a Commission investigation and enforcement action. See Saito, 2002 WL 31657622, at *8 (resulting "savings and efficiency" for the SEC afford investors "greater protection").17
Allowing companies to produce work product to the government under confidentiality agreements will not prevent private plaintiffs from obtaining fact work product if they can show sufficient need. See, e.g., Fed. R. Civ. P. 26(b)(3). They will be in the same position that they would have been in if the Commission had not obtained the work product. See Westinghouse, 951 F.2d at 1426 (not "inherently unfair for a party to selectively disclose privileged information in one proceeding but not another" because "when a client discloses privileged information to a government agency, the private litigant in subsequent proceedings is no worse off than it would have been had the disclosure to the agency not occurred"). Moreover, if it is clear that disclosing work product to government investigators subject to a confidentiality agreement waives work-product protection, companies will likely stop disclosing work product to the government rather than risk being required to produce it to private plaintiffs. See Columbia/HCA, 293 F.3d at 312 (Boggs, J., dissenting) ("Without the exception, much otherwise disclosed material would stay completely in the dark, under the absolute cover of privilege."); Saito, 2002 WL 31657622, at *9 ("Imposing the harsh consequence of a waiver upon disclosing parties would discourage confidential disclosures.").
For the foregoing reasons, the Commission requests that this Court determine that McKesson did not waive work-product protection in disclosing to the Commission work product under a confidentiality agreement with the Commission.
Respectfully submitted,
General Counsel
Deputy General Counsel
Associate General Counsel
Assistant General Counsel
Senior Counsel
450 5th Street, N.W.
Washington, D.C. 20549-0207
(202) 942-0823 (Schweitzer)
Dated: February 6, 2004
|Home | Previous Page
Modified: 03/29/2005


text:
Tell me about Simply Spiritual Living.
Simply Spiritual Living
Letter from "A Grateful Participant"
"A Grateful Participant"
"Simply Spiritual Living," what a concept!
I attended the Simply Spiritual Living gathering. It was genuinely simple and deliciously deep all at the same time. I learned to lift my awareness above the cares of the world and bring the Light of God into my consciousness. I learned that focusing on loving myself and others opens my heart. I chanted a name for God as an all encompassing balancer of my emotions and I focused on my breathing, which mercifully relaxed my mind. I found that the light, the loving, the sound of God as I chanted and recognizing my breath as sacred meant that I was experiencing my own interior movement of spiritual inner awareness.
I would highly recommend anyone take the time to experience this sweet and gentle introduction to meditation. I am changed because I attended.
A Grateful Participant,


text:
Obstetrics Services & Treatments
Mr J McCormack Consultant Obstetrician and Mrs J Ellis Advanced Midwife Practitioner have extensive experience in pregnancy scanning and work as a team to provide a complete pregnancy ultrasound service with expert advice and reassurance relating to any pregnancy problem. The full range of pregnancy ultrasound services includes 3D and 4D scans which produce life like real time moving images of your unborn baby. A 4D scan provides a rewarding experience, helping you to bond with your baby in a reassuring and comfortable environment. The clinic provides a modern facility with state of the art ultrasound equipment, large screen viewing and facilities to record your experience on DVD and colour CD images The complete pregnancy ultrasound scan service is detailed below and the clinic now also offers the new Harmony Non Invasive Prenatal Blood Test which is an alternative test for screening for Downs syndrome.


text:
Nokia 225 DUAL SIM
Brand: Nokia
Product Code: SB-N-015
Availability: Out Of Stock
kit and software are original but the casing is A-class copy. condition 10/10
Technology: GSM
Dimensions: 124 x 55.5 x 10.4 mm (4.88 x 2.19 x 0.41 in)
Resolution: 240 x 320 pixels (~143 ppi pixel density)
Size: 2.8 inches (~35.3% screen-to-body ratio)
Card Slot: microSD, up to 32 GB (dedicated slot)
SIM: Dual SIM (Mini-SIM, dual stand-by)
Memory: 64 MB
Colour Black, White
Camera: 2 MP
Bluetooth: 3.0
Browser WAP 2.0/xHTML
Messaging: SMS(threaded view), MMS, Email, IM
Battery: Removable Li-Ion 1200 mAh battery (BL-4UL)
|Return & Delivery
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|Return accepted within 7 days for wrong or damaged products. Return offered in the form of Product exchange.Buyer is the responsible for the shipping fees.
Tags: 225, nokia mobile


text:
Complimentary Pool Opening & Chlorinator With New Liner!
We offer a wide array of services to maintain and upgrade your existing vinyl liner pool. We have been installing new vinyl liners in existing pools for almost 40 years! We have enormous experience in all aspects of vinyl liner pool construction and renovation. Our team of technicians are highly skilled at measuring and installing even the most complex pool liners. In most cases, once we have received your liner from the manufacturer, we can remove and replace the existing liner in one day.
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text:
Parnassus (Mantegna)
|Andrea Mantegna
|Tempera and gold on canvas
|159 cm × 192 cm (63 in × 76 in)
|Louvre Museum, Paris
The Parnassus is a painting by the Italian Renaissance painter Andrea Mantegna, executed in 1497. It is housed in the Musée du Louvre of Paris.
The Parnassus was the first picture painted by Mantegna for Isabella d'Este's studiolo (cabinet) in the Ducal Palace of Mantua. The shipping of the paint used by Mantegna for the work is documented in 1497; there is also a letter to Isabella (who was at Ferrara) informing her that once back she would find the work completed.
The theme was suggested by the court poet Paride da Ceresara. After Mantegna's death in 1506, the work was partially repainted to update it to the oil technique which had become predominant. The intervention was due perhaps to Lorenzo Leonbruno, and regarded the heads of the Muses, of Apollo, Venus and the landscape.
Together with the other paintings in the studiolo, it was given to Cardinal Richelieu by Duke Charles I of Mantua in 1627, entering the royal collections with Louis XIV of France. Later it became part of the Louvre Museum.
The traditional interpretation of the work is based on a late 15th-century poem by Battista Fiera, which identified it as a representation of Mount Parnassus, culminating in the allegory of Isabella as Venus and Francesco II Gonzaga as Mars.
The two gods are shown on a natural arch of rocks in front a symbolic bed; in the background the vegetation has many fruits in the right part (the male one) and only one in the left (female) part, symbolizing the fecundation. The posture of Venus derives from the ancient sculpture. They are accompanied by Anteros (the heavenly love), opposed to the carnal one. The latter is still holding the arch, and has a blowpipe which aims at the genitals of Vulcan, Venus' husband, portrayed in his workshop in a grotto. Behind him is the grape, perhaps a symbol of the drunk's intemperance.
In a clearing under the arch is Apollo playing a lyre. Nine Muses are dancing, in an allegory of universal harmony. According to ancient mythology, her chant could generate earthquakes and other catastrophes, symbolized by the crumbling mountains in the upper left. Such disasters could be cared by Pegasus' hoof: the horse indeed appears in the right foreground. The touch of his hoof could also generate the spring which fed the falls of Mount Helicon, which can be seen in the background. The Muses danced traditionally in wood of this mount, and thus the traditional naming of Mount Parnassus is wrong.
Near Pegasus is Mercury, with his traditional winged hat, caduceus (the winged staff with entwined snakes), and messenger shoes. He is present to protect the two adulterers.
Other paintings of Isabella's Studiolo[edit]
- Allegory of Isabella d'Este's Coronation by Mantegna
- Reign of Comus by Lorenzo Costa
- Triumph of the Virtues by Mantegna
- Combat of Love and Chastity by Pietro Perugino
|Wikimedia Commons has media related to Parnassus by Andrea Mantegna.
- De Nicolò Salmazo, Alberta (1997). Mantegna. Milan: Electa.


text:
When you read my mind
This is a fun graphic produced with Wordle. Basically you can paste in any text and a javascript produces a word cloud from your text. I took my posts from the last week and above is basically what you get, reflective of the issues on my mind over the last 7 days.
This one I submitted to their gallery using text from Peter Bradshaw's review of "Incredible Hulk" in today's Guardian, possibly the best review I have ever read.
He didn't much care for the film. Tweet


text:
Gravesend Methodist Church
I've been working for a little while on a long-form project at the Sanctuary, a night shelter for the homeless in Gravesend.
They're an incredibly inspiring group of people who, in a time of trouble, go some way to restoring my faith in human nature. Much more of this project to come.


text:
Strands of Genius: March 12th
Curated by @rosiesiman and @faris
Here are some of the current strands that are fueling our mind:
1. Spray it, don't say it. Startup Spritz wants everyone to be a speed reader. Writing is a remarkably powerful technology, little changed since, well, it was invented. The words sit there and you move your eyes, absorbing chunks of words at time. That's reading. What if the words moved instead? Well apparently it means you can read at 1000 words a minute. It feels very odd but does seem to work, at least for short bursts.
2. Who doesn't dream of early retirement? We don't follow sports at all and our surprise at how eloquent, thoughtful and inspiring this piece by 26 year old Arizona Cardinals Running Back Rashard Mendenhall on why he is retiring betrays our prejudices about American Football players.
3. You are never wrong. Kathryn Schulz' new book Being Wrong: Adventures in the Margin of Error, suggests that we are wrong about being wrong. It's a metacognitive error: we are by definition blind to the things we are wrong about. "The sentence "I am wrong" describes a logical impossibility. As soon as we know that we are wrong, we aren't wrong anymore, since to recognize a belief as false is to stop believing it." Read more about how wrong you are in this review.
4. We are immediately suspicious when someone decries the death of an abstraction, but we're suckers for a free book. Erik Qualman's [of Socialnomics Youtube video/book fame] new book What Happens In Vegas Stays on Youtube: Privacy is Dead is available FREE for Kindle only until Wednesday this week so grab it now and make up your own mind.
5. Is anyone else really conscious? How can you ever know? That's the "problem of other minds". Continuing our love affair with HER, this piece explores the philosophical questions of consciousness the movie poses.
6. New news media site Vox has announced that it is due to launch 'soon' and promises to 'explain the news'. It's a huge ambition, since the meaning of events is decided by history, but in our current split second news cycle there is definitely scope for someone to help contextualize the stream of current events. Or, if you are in the USA, to report on things that happen anywhere else.
7. Digital State - the book Faris co-authored - made it to the top 5 shortlist for best marketing book of the year, which was nice.


text:
- Color Extend -
HEALING COLOR® is the only hair color that heals, seals and protects, using L'ANZA's exclusive Flower Shield Complex® and Keratin Healing System for richer, longer-lasting color. The two-step system incorporates a pre-treatment which primes the hair fibers for color uptake and deposition, resulting in more pigments per micrometer, better color adhesion, and more even coverage. The post-treatment works to seal hair color into the hair through closing the cuticle, resulting in a glossy finish which no residual oxidative processing. Together, the Color Extend system provides protection for hair up to 500 degrees Fahrenheit. $15


text:
With SoundcloudToMp3 you can convert and download music in High Quality MP3 format.
Download tons of music from Soundcloud with our Soundcloud Downloader and listen to them from anywhere by storing them on your iPod, computer or phone using our ultra fast downloading service.
SoundCloud is audio distribution site, where users can record, upload and promote their sound tracks. SoundCloud allows you to listen as many tracks you can but it does not allow sound track download.


text:
Shepherd Ark's Bocephus of Sprague
Hips: OFA Excellent
Elbows: OFA Normal
PennHip: .45/.38
DM gene test - Normal/Normal
> His Pedigree <
Bocephus or "Bo" as we usually call him comes to us from a wonderful breeder in New York. His coloring is called "Isabella" which means he is genetically blue & liver. Everyone falls in love with his color & eyes and then when they realize he also has a temperament of gold to match they want to take him home! He is the total package of beauty, brains and health! Bo has the typical old fashioned straight-backed structure that we strive for. He has great bone and a beautiful classic GSD head. Bo is always happy to go places with us. He frequents local stores with us all the time and is a perfect gentleman. He is always looking forward to accompanying us for daily ranch chores too. He is great with all the animals. He especially loves puppies and is so gentle with them, he is a great helper in socializing our litters with big dogs. He has great food drive, loves learning new things and always does his best to please you. He is naturally protective of our home but as soon as I give him the okay he will be the first to greet you for pets and is known to try and sneak in your lap if you sit down! He is an easy-going, gentle, super sweet boy who is always steady and fearless. Like our other boys he can also have a goofy streak at times and he can always put a smile on your face! We just love Bo and are really looking forward to incorporating his lines into our breeding program.


text:
Friday was the all-day Historic Preservation Summit at the 5th Street School. Organized by Courtney Mooney, the Historic Preservation Officer for the City of Las Vegas, the Summit brought together such diverse groups as the Preservation Association of Clark County, Friends of Classic Las Vegas, VeryVintageVegas, Archaeo-Nevada, the Historic Preservation Commission and Nevada Archaeological Association, Preserve Nevada, the Spanish Trail Society and the Nevada Rock Art Foundation.
The morning session was a chance for the various groups to interact and get to know what each organization focuses on and how we could work together.
The afternoon session was open to the public and brought fresh faces to the conversation. What came out of the afternoon session was an agreement by the participants that there needs to be a focus on Cultural and Heritage Tourism.
Everyone agreed that it wouldn't be easy to get the City and County to recognize the need for cultural tourism but some very good ideas were bandied about.
Another subject that almost everyone agreed on was a need for Clark County to establish a Historic Preservation Office and the very real need for there to be a Historic Preservation Commission that would include representatives from throughout the Valley.
There was a great deal of brainstorming and some effective ways to work together.
We look forward to working with the various groups and we hope this Summit becomes an annual event.


text:
Check out the new music video by YG & Jay305 performing the new song "Bulletproof". This single is a standout cut from YG's most recent album titled "Stay Dangerous"! Tune in below and let us know what you think in the comment section!
© 2018, Seth Barmash. All rights reserved.


text: Publication Strategies to Limit Sugar-Sweetened Beverage Consumption in Young Children: Proceedings of a Workshop—in Brief Released: October 4, 2017 Note: Proceedings contain the opinion of the presenters, but do NOT reflect the conclusions of the Health and Medicine Division or the National Academies. Learn more about the differences between Reports and Proceedings. The National Academies of Sciences, Engineering, and Medicine's Food and Nutrition Board convened a workshop in Washington, DC, to explore the range of policies and programs that exist at the federal, state, tribal, and local levels to limit sugar-sweetened beverage consumption in children birth to 5 years of age. Topics examined over the course of the 1.5-day workshop included prevalence and trends in beverage intake among young children; beverage intake guidelines applicable to the age range of interest; challenges and opportunities of influencing beverage consumption; the role of industry in beverage intake; and knowledge gaps and research needs. This Proceedings of a Workshop—in Brief is intended to highlight key points made by individual speakers during the presentations and discussions, but it is not intended to serve as a comprehensive summary.


text:
Memory saturation is when your PS is using up its entire allotment of memory. When this happens, a variety of things will start to happen. Your sites will likely stop responding in many cases, but beyond that other essential processes on your PS will stop responding as well such as the SSH server, FTP server, streaming media server, and so. It's entirely possible for your VPS to enter a state where you can't even log in due to memory saturation.
Checking for the cause
You can usually tell if this is happening to you by checking a few things:
- Check the VPS Dashboard to view your usage graph.
If the resource usage graph is showing your memory spiking high above the memory allocated, then this is likely what's happening. If you can still log in to your PS via SSH, then try running the free -m command. This will show you how much free memory you have available. The closer that is to zero, the worse you are. At zero, you've reached total memory saturation, and what happens next can be unpredictable.
Once you've determined that there is no free memory available, the fastest way to resolve it is to temporarily increase the memory allocation for your PS until you have some breathing room (unutilized and freely available memory). At that point, you can either leave the memory allocation there until you optimize your site and server and get your memory usage under control. Otherwise, you can start disabling your active sites until your memory gets into a range you are more comfortable with. This gives you room to optimize without having to spend more money on memory.
It's best to over allocate than under allocate! You don't want to find out that you've under allocated by your visitors/customers complaining about your sites not working properly.
You're only charged for the period of time that you have the slider in a particular position, so it's safe to experiment.
- One easy way to disable a site is to simply rename its web directory. For example, if you had a domain titled example.com, you could rename its web directory from example.com to example.com_disabled. By doing this, Apache will start serving 404 Not Found error pages for that domain. While this will still require memory, it will keep new PHP processes from spawning and will likely reduce traffic significantly to the point where your server is no longer overloaded.


text: Where The WiLd ThinGs ArE !!! October 19, 2009 / logic marselis The imagination can transform all sorts of personal insanity into elements of self-invention, and you need to make use of this. - Karl Lagerfeld 0 Likes categories / Uncategorized tags / spike jonze, where the wild things are