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Summer is here!!
"No more pencils; no more books; no more teachers' dirty looks…"
Do you remember those glorious days of yesteryear when the final school bell of the year rang and we burst outdoors for the start of a grand period of "freedom"? Everyone had plans—even if they were going nowhere!
Not much is different today—except we are the 'teachers'. Now, not only are there people coming and going as part of their plans in Southern California, but new projects and annual rituals are playing out as well in the City of Angels.
June 2013
On Sunday June 2nd, St. Paul's Lutheran Church in Santa Monica was filled with beautiful music and over 70 attendees in the Finnish Congregation. This Mass of Music included kantele, piano, cello, and voice offerings. The sermon was delivered by Veli-Matti Kärkkäinen, filling in for Pastor Jarmo Tarkki. Bible readings were by Maiju Boele and Jonny Kahleyn Dieb. The Finnish Folk Dance Group Katirilli performed an assortment of delightful dances during the coffee hour.
Treats at the coffee table included open faced sandwiches, cinnamon rolls, cakes and Karelian pies, and deep-fried lihapiirrakkas.
Traffic was horrendous in Santa Monica, but the outstanding Finnish Lutheran turnout was not the sole problem. Obviously, the tourists have come to Southern California to celebrate their Summer —and our schools are out! The local "weather-casters" had billed the day as "…perfect beach weather". An hour of worship, followed by Finnish fellowship and feasting before a dip in the Pacific—now that is a perfect LA Sunday!
More, please!!!!!!
The Bowl
One of the most anticipated events of the Los Angeles Summer season is the Opening of the Hollywood Bowl. From Portland, Maine to Portland, Oregon—and most villages in between, concerts 'on-the-lawn'/'in-the-park'/'at-the-Center Square' are standard fare. Everyone knows they are coming—no big deal—we'll be there—strike up the band.
Well, not in LA. Here Hollywood requires a 'production' of some sort. On a recent Saturday at mid-day after wrapping up a FACC Board meeting at a member's home high on Mountaingate near the Getty, we actually witnessed planes skywriting overhead announcing of the Grand Opening of our favorite, beloved, outdoor venue in the City of Angels—The Hollywood Bowl.
Each year when the written Bowl Program arrives in the mail, we quickly scour it for Finnish conductors and soloists—or pieces by Sibelius. What a great excuse to pack a Finnish-themed picnic with your Marimekko tablecloth, Iittala candle holders and stem ware for a fabulous night under the Summer stars. Actually, as glamorous as it is to be in a 'front and center' Founders' Circle box with all of the accoutrements and 'star power' neighbors, my most favorite Bowl memories are of being in the last row of the Bowl where the $1 seats permitted my then younger boys to take an after-dinner nap on the bench under the starlit sky while Esa-Pekka Salonen conducted the Los Angeles Philharmonic Orchestra playing Sibelius –how great a lullaby is that??? [Actually, I am not sure if it was the hour of night, a great meal, the classical music, or the 'funny' aromas wafting from the bushes behind the last row that brought the 'nukkumatti' (sandman), but it worked—and the kids love classical music to this day!]
This year, there is a Sibelius piece on July 11th : Violin Concerto performed by the LA Phil conducted by Michael Tilson Thomas. Rimsky-Korsakov and Tchaikovsky are also on the program. Also new this year: world famous LA restaurant Patina has just opened a full service tapas and wine bar at the Hollywood Bowl. Chef/Owner Joachim Splichal certainly can cook—and tapas are a perfect start to a perfect Bowl evening.
Check it out: www.hollywoodbowl.com
The Los Angeles Finlandia Foundation held their annual Scholarship Picnic on June 9th. This fund raising event helps LAFF support Finnish related educational opportunities for worthy young people.
Suomi Kerho cranked up its annual Midsummer celebration on June 22nd.
Seppo Kotajarvi was at "Makkara Central" manning the grill. Perfection was achieved with the taste and the snap factor on those wieners—an A+. There were a multitude of delicious salads thanks to my favorite 'Kitchen Ladies'. Freshly baked pulla warmed our hearts. Background music set the mood. Lovely new table runners made by the 'Sewing Circle Ladies' decorated the dining areas. Beautiful birch branches hung from the rafters [freshly cut from Eila Korpinen's tree that morning]. All we needed was a lake to make the transformation to Finland complete.
A properly adorned hall, traditional Finnish food, music, a libation or so, and, you guessed it, Finns from all around the community were in great spirits!
As one of her final events as Consul General in Los Angeles, Kirsti Westphalen hosted a meeting in conjunction with the FACC that focused on Finnish Education. The film "Finland Phenomenon–A Documentary" was followed by a Panel Discussion moderated by Andréa Hautala McAleenan, PhD [Special Advisor to the President, Azusa Pacific University]. Dr. McAleenan was joined by panelists Carl Cohn, PhD [Professor of Education, Director of the Urban Leadership Program, Claremont Graduate University], Jaana Juvonen PhD [Professor of Developmental Psychology, UCLA], and Dennis Sheridan, PhD [President of Educational Leadership, California Lutheran University]. A lively discussion followed. With an audience of educators, journalists, film producers, current and former teachers, and some regular people, there were many perspectives aired.Chef Sirpa Welch served up additional Finnish pride which featured delicious Salmon and rice piirakka, Caesar salad, and sweet bites and berries as refreshments.We were all reminded of the breadth of impact of Kirsti's tenure here in Los Angeles when Los Angeles County Sheriff Lee Baca had a Certificate of Appreciation presented to our own Dean of the Los Angeles Consular Corps.As Kirsti and Mouf go off to Thailand, we salute them as well. We will miss their enthusiasm, their Finnish focus, their leadership, and their friendship. Kirsti and Mouf: a "fond farewell" and a "welcome back soon" from your many friends.
[Through the years, I have been fortunate to know and work with many of Finland's Consuls General in California—even one whose daughter attended the French School in Helsinki with me as a little tyke. It is always sad to see a Consul General and family move away. It seems like they just get here, get acquainted, do their great work in representing Finland and the local Finnish community, make personal and national friends –and it is time to leave. Each is different, each makes their own 'mark', each stamps "Finland" with a different hue in this Southern California Finnish tapestry, each is appreciated –and, then, they are gone (not forgotten, however).]
It is fun to have visitors—many come through. Some amazing people have been here –"…if walls could talk". One of my most precious possessions is a photograph taken by and given to me by an internationally renowned Finnish photographer. The beautifully framed photograph depicts an old Finnish building with large lettering on its side that says Kansantalo (the house of the people). The sentiment he expressed when presenting it to me means so much: that this is a place where all are welcome –to share thoughts, ask questions, get helpful hints, have strong coffee, eat a home-cooked meal, and to learn something about the 'American way' [some So Cal freeway tricks, too] –a place where someone cares. There is always an ear, a shoulder, and a warm hug [for almost everyone].
There are some "visitors" who come who are not as welcome as others. Those who have followed this column for any time probably know that this gal's plate is normally quite full. Off to many places, doing many things. The daily schedule is highly unpredictable –I may be able to tell you what I am doing for the month of August, but not know where I will be on Monday!
My 'day job' is attorney—lots and lots of paper, most of which must be kept for 7+ years. Others may know that my dear, recently deceased, Mom was a dedicated 'garage sale' maven who took great pride in her various and sundry collections and clothes—lots and lots of clothes! When my folks moved into my home about 5 years ago, we absorbed the contents of a 4 bedroom/3 car garage home—yes, that is a lot of storage space for 2 people!
So, when my home insurance agent called to say that my carrier wanted to send out an inspector to measure, photograph, and "inspect" every inch of my property inside and out, I thought it best to suggest a delay.
Southern California property owners know that each May 1 the LA Fire Department begins inspections of all properties in any potential fire hazard zones. The requirements are quite specific and quite demanding—and the consequences of non-compliance are equally severe and range from losing your house to fire to thousands of $s in non-compliance penalties/costs. Yesterday, the DWP picked up over 150 45 gallon trash bags (plus allowed loose items) so you know lots and lots of work was done to pass the 'Fire Inspection' and that some of my Mom's stuff did not make the 'give-to-charity' cut. Still, the process was somewhat chaotic and took a long time to accomplish. If nothing else, just the sight of 150+ 45 gallon trash bags waiting to 'go away' is enough to delay a 'photo inspection'.
A persistent "insurance inspector" insisting that he urgently needed to inspect, to measure, to photograph, and to do whatever else both inside and outside my home in order to make a report was about as welcome as a root canal without anesthesia!
The inspector's coming reminded me of how we need to learn to luopua or give up things we hang onto. Ӓiti did not have luopua in her vocabulary—did I? Could I say goodbye to enough 'stuff' to pass a penetrating inspection?
As it turned out, the dreaded inspector was quite a nice fellow. He was so excited about his son's imminent graduation from UCLA—the teaching job awaiting the son in Italy was at least as important as not having to write any more tuition checks! He told of his recent visit to inspect Eddy Murphy's place [a 34,000 square foot crib with a shooting range and a bowling alley!]. I thought of telling the inspector man my Eddie Murphy/Ivy restaurant story shared with FinnTimes readers earlier, but things seemed to be going well and I was guessing that Mr. Murphy did not have 150+ 45 gallon trash bags sitting in his yard.
We Finns have always lived "green" with the 'waste not/want not' philosophy while Americans have been more a 'throwaway' society. Sometimes people carry things too far. For example, an elderly client of mine was so happy when I visited him at his place in Finland because he was able to show off the lampshades he had woven out of used Paulig coffee bags!!
Here is the question: Is it better to use your used coffee bags to make a decorating/fashion statement as my "crafty" Finn did in his living room, or should the trash go directly to a landfill?
Difficult call n'est, pas?
One of the most delightful, often breathtaking, Los Angeles sights is the snow-capped mountains that hug the LA basin. You can get a great long distance view heading East on Culver Boulevard in Culver City […someone else should be driving!]. My favorite view is on Santa Monica Boulevard just under the 405 –if you are stuck in traffic, it is a delight. Looking East, past the Century City skyscrapers, as the West setting sun spreads its pinkish glow toward the snow capped mountains, a traffic jam is a welcomed pause in our go-go-go world.
I cannot believe I just voted for a traffic jam to remind us of LA's favorite boast to non- Angelenos of skiing on a mountain top in the morning and swimming or surfing at the beach in the afternoon.
I love LA!!
Rumor has it that the "snowcapped" part of our wonders of Nature may be going away, forever. By mid-century, scientists say that 30-40% of the snow will disappear from our local mountains. Boo Hoo—traffic jams will turn nasty!
The Wilshire Grand Hotel [originally, The Statler and, later, a Hilton] in downtown Los Angeles has been a landmark since it opened in 1952. The hotel was a competitor of the glamorous Biltmore as a center of business, legal, and society activities for as long as I can remember. When LA was 'famous' for not having a 'downtown', the hotel was popular with international travelers and had a near 'lock' on the activities on the Southwest downtown business.
Early in my legal career, I worked near downtown and had many meetings, seminars, and meals at the hotel. (Lots and lots of good memories.) Somehow, we expect that places that were always there will always be there.
Heading up Figueroa on my way to Court the other day, I saw the huge empty pit with lots of demo going on at the corner of Wilshire where the Wilshire Grand once stood. GONE!
Currently, they are working on the demolition of the underground garage. Massive digging will begin in August. The $1 billion Korean Air skyscraper will eventually grow taller than the US Bank Tower [what Angelenos still call the Library Tower]. The new structure will become the tallest building West of the Mississippi River. The plans include a hotel, offices, restaurants, and stores. Double-decker elevators and an observation deck will provide views to the ocean—and to my mountains (with or without snow—no traffic jam required).
Actually, "GOING, GOING, …GONE" is what Vin Scully et al scream into their broadcast microphones when Yasiel Puig or some other Dodger [or Angel] star hits another '4 bagger' [aka homerun]! While there are some signs of improvement lately, for a while it did not seem as if either local baseball team knew whether it was COMING OR GOING.
The adage of "…justice delayed is justice denied" has been parsed by those trying to explain the latest cuts to the LA County Court System funding. Seven regional Courthouses will be closed and more than 500 jobs will be eliminated. Budget cuts!
California's largest Court system [here] has about 4,400 employees and approximately 540 Judges. Last year's operating budget was about $734 million.
Be ready for higher filing fees, longer waiting times, and further travel to your Courthouse. Civil Courts (rather than Criminal Courts) have borne recent cuts more heavily with effects like: lines around the block/waiting for hours to dispute a traffic ticket have become commonplace. If you are anxious to get a divorce, sue your landlord, have a custody battle, settle an inheritance matter, or get a certified copy of an essential document, be ready to pay more, "take a number", and be patient!
The Clerk who helped me file a critical document looked harried and worried. He has been there forever and really knows his 'stuff'. He said the latest 'cuts' had just kicked in—and more were coming. This guy looks like he could play for the Lakers or the Clippers –I'll bet he wishes he did!
How can we start building a 'super train' no one will ride between Fresno and Bakersfield before we even own the needed land [or have the $ to buy it], but we can take 30 days to process a Probate closing that used to take 3 days?
Two hundred eleven (211) Hollywood 'stars' have just been sent to "rehab"!! No, I did not just 'scoop' TMZ. I am referring to the 'gold' stars planted in the Hollywood Boulevard sidewalks, not the 'humans'. This 'nip and tuck' of the famous Walk began in September and will continue for the next 3 years –to the tune of $44 million! As Governor Arnold used to say: "…I'll be back!!!"
Stolen Lotus Blossoms Repatriated/Thief Thanked.
Recently, the annual Lotus Blossom Festival at Echo Park has had to be cancelled—no lotus blossoms! For years, the quantity and quality of the lotus blossoms declined as the 'stank' and pollution of Echo Lake increased. Finally, there were no blossoms to be 'festive' over and the event 'disappeared'. It was sad. It was sooo sad….
Then, a project was launched to re-do and 'purify' the lake. Too late—the lotus plants had died a cruel death in the stagnant waters. The lamented loss was remedied when a 'sheepish' citizen came to the rescue. It seems that our hero had 'borrowed' some of the grand plants when they were still thriving and had propagated more in his own clean pond. Our thief was prepared to share his 'bounty' in exchange for amnesty! The Lotus Blossom Festival at Echo Park should be on again soon! No word, yet, on whether the lake will be re-named.
The TMZ and other Star Tours busses always visit—or at least talk about, the Capitol Records Building in Hollywood as they ply their fantasies about 'tinsel town'. Tourists from around the world include it as a 'must see' sight even if they have never seen a stack of phonograph records that the Building is supposed to resemble!!
Looking to boost its sagging circulation through controversy—real or imagined, the Los Angeles Times recently ran a piece highlighting the speculation surrounding, and the opposition to, two proposed towers that would "tower over" the iconic Capitol Records Building. Rather than ruminating on the 'appropriate' height of the two, tall, circular buildings developers are proposing and architects are drawing, it seems the debate should focus on whether tourists will be attracted more to three 'stacks of records' than one when most do not know what a "record" is, was, or could be used for in today's technology! What is Chinese for "…why are we paying good US$s to look at 3 round buildings?"
On to more 'important stuff'! Rumor has it that:
Going down the street in Brentwood, Harrison Ford was stopped for using his cell phone in his classic Jaguar. Despite claiming he was on speakerphone, it did not set well with the officer.
Crows (not Russell or a rock group) have come and they not going—well, perhaps I should clarify:
I know that there is an Alfred Hitchcock movie festival in town and that The Birds was one of his most notable films. If you have seen that film—or even a promo, you already know that crows can be scary in the hands of a master film maker. Let me tell you, they can scare the AH out of you in 'real life' too.
My quiet little neighborhood has been invaded. It has been taken over by a loud, 'swacking', rowdy invasion of crows (Corvus brachyrhynchos). These birds are huge; they are loud; they are scary; and they are destructive. Do we have to live the Hitchcock nightmare on a daily basis when the film is in re-runs???
Seriously, LA, not only do they destroy the lawns we try so hard to keep looking nice, they "decorate" our cars, lawn furniture, and other indiscriminate targets with their output/offerings.
Two crows were fighting on my roof yesterday. Hearing the ruckus, I went to investigate and was almost crashed into during their scrimmage. The crows have gotten so big (like haukkas), I am afraid they are going to swoop down and carry off Sohvi-Koira!
While not quite as big, the crows have become like the coyotes who are not scared of humans –mere 'shooing' them away does no good. Both are omnivorous scavenger pirates. The crows have become the bullies of the bird world here lately. Apparently they have become prolific all around LA and are here to stay.
I read recently that pesky birds (seagulls, in that case) are causing similar problems in Helsinki Harbor marketplace. We empathize.
Splat, splat be sure you wear a hat!!!
Tuliaiset: Souvenirs and Hostess Gifts
If you are going to Finland for a visit, you may be thinking of what special things to bring along.
The tuliainen is brought to your Finnish host and presented upon arrival. It is usually a thoughtful souvenir or 'pre-thanks' hostess gift for someone you are visiting –especially if you will be staying in their home. It is always nice to bring a little touch of the USA, California, and/or LA with you.
Some like to bring a touch of Finland back home for "someone" –often ourselves when Finnish chocolate is involved!
In the US, wine or a floral arrangement is nice to bring for a dinner party. Here, a hostess gift can be presented upon arrival or sent after a stay at someone's home. A handwritten note provides a nice personal touch. [Linens, stationery, a book, or an interesting household item are also appropriate.]
Gone are the days when an Angeleno going to Finland could be a 'hero' by bringing a nice bottle of California wine to a Finnish host/aficionado. The new weight and liquid restrictions make the wine next to impossible.
[NTF: You can get ideas from your Finnish friends who visit here from what they purchase to take back home. Recent 'discoveries': Victoria's Secret items are huge, even for the teen set; Apple computer products, especially new releases; cedar wood 'moth' balls for closets; and corned beef are among a few of the things I have seen packed for the homeland by Finns. Of course, any official NHL game jersey with a Finnish star's name on the back is pure gold! When in doubt, ask. As you know, there are some things Finns do not tell you unless asked!]
Whenever I am planning a trip to Finland, I try to remind myself that the best thing anyone can bring is your joy, love, and appreciation –it does not hurt to carry-on the makings of a California celebration for your friends, as well.
Even before I leave, I start to think about what I can bring home –I plan for suitcase space accordingly. We all have our favorite Finnish things that best remind us of our stay: the tastes, the fashions, the art and design for the home, the little 'reminder-things' that will keep the memories of experiences alive as long as possible, or that make it easier for you to share with those back home.
'Tis a shame, but that six pack of Lapin Kulta is better enjoyed while in Finland. Liquids will be hard to transport even if there is a legal way. I cannot help but think of my American friend Mona who is a converted conscientious cloudberry fan. I always brought her a bottle of Cloudberry Liqueur –she now gets a Lumene Cloudberry Face Cream purchased in the US. [Don't tell her please –this will be our little secret.]
Things in my 'coming home' bag, always: smoking bags (available in any Finnish supermarket), tubes of mustard, Fazer chocolate bars, licorice (best purchased freshly-made from a farmers market), Oululainen's hapankorppu, tubes of cardamom seeds, and anything not 'sniffable' by the NSA beagles […remind me to tell you about the accidentally hidden makkara one day].
Whether you are GOING, COMING, or just HANGING –HAVE A HAPPY SUMMER!!
Or as Arnold 'Governator' would say:
"Hasta LA Vista, Baabee!!"


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DaVita Dialysis | Various Locations
DaVita Dialysis is the nation's second largest dialysis provider in the nation. Doster was selected as the general contractor to renovate a retail space for a new DaVita Dialysis in Bessemer, Alabama. After this 5,891 square foot renovation, Doster completed seven additional facilities located throughout North Carolina, Illinois, Tennessee, Georgia, and Alabama.
DaVita Dialysis
Project Facts
» Over $4 Million total
» Approximately 47,000 sq ft total
» Repeat Client

subset: commoncrawl


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Dead couple found near Santa Margarita had dated, co-worker says
The man and woman found dead in a vehicle Wednesday near Santa Margarita were good workers and enjoyable to be around, according to colleagues at the North County businesses where they had been employed.
A supervisor at the company where the woman worked said the couple had dated and had broken up.
Authorities on Thursday identified the pair as Stephanie Rodriguez, 19, of Templeton and Hugo Enrique Serrantos Castillo, 22, of Atascadero.
Sheriff's Department detectives are investigating the deaths as a possible murder-suicide, and spokesman Rob Bryn said the "manner and cause of death are still pending."
Rodriguez's vehicle was found down an embankment off Highway 58 near Red Hill Road early Wednesday.
Autopsies were performed Friday afternoon and were expected to take several hours, Cmdr. Brian Hascall said. The results aren't expected until Monday, he said. Toxicology findings are expected in about two weeks.
A supervisor in the company where Rodriguez worked said Friday that she and Castillo had been dating for about three years and that Rodriguez had broken up with him about three months ago.
Rodriguez had worked for the past year at Cornucopia Tool and Plastics in Paso Robles, where she monitored the machines, said Terry Lopez, a supervisor there. Rodriguez's mother, Martha, works at Cornucopia as well, Lopez said.
Although Rodriguez had broken up with Castillo, he was trying to get back together with her and he'd call, send text messages, and try to arrange to see her, Lopez said.
"He drank a lot and she was tired of that," Lopez said. "That was one of the main reasons they broke up."
Lopez said Rodriguez had talked about their relationship at work and had been hesitant to break up beforehand, saying that she still "loved him and cared about him." Lopez also said Rodriguez liked to dance, and she said Castillo wouldn't let her go out.
But Lopez said she had no indication that Rodriguez's spirits were down or that anything was wrong in recent days.
"She was fun to be around," Lopez said. "If someone didn't say hi, she'd throw something at them and ask why. She was so cute. She was a very pretty girl."
Lopez said employees have been distraught since learning the news and that a friend of Rodriguez's who ate lunch with her most days at work asked to go home Thursday. Her mother hasn't been at work since her daughter's death.
Similarly, co-workers of Castillo's at the Thai Elephant restaurant in Atascadero are mourning Castillo and said he was pleasant to be around.
"He was a nice young boy," said Ae Poonsopin, a partner in the restaurant. "He was quiet, never got moody, and came to work on time."
Poonsopin said Castillo started about six months ago and worked as a food preparer and sometimes made deliveries. It was a part-time job and he had another job, but she didn't know where, she said.
Waitress Jennie Muannuathong said that Castillo was "always talking about his girlfriend" and she didn't know they had broken up. She said she had no idea anything was wrong, adding that Castillo was "normal" the last time she saw him Monday.
"He's a good guy, a really nice guy," Muannuathong said. "Me and him always joke."Someone reported Rodriguez missing to the Atascadero Police Department about five hours before the bodies were found early Wednesday morning.
Rodriguez was said to be "possibly at risk," according to the logs. It doesn't say who filed the report, but it appears to have been taken at the police station.
Authorities said that core body temperatures and autopsy findings are expected to help authorities determine when and how the deaths occurred.


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Three Things to Have Inspected on Your Tile RoofShare
If you have noticed that you have a few tile shingles that fly off of your roof during a big wind storm, then you may jump to the conclusion that you need to have your entire roof replaced. The good news is, though, that it just may need to be repaired a little bit. When you hire a tile roofing service to take a look at any damage, make sure that they check it for some other things as well. From checking on the condition of your rain gutters to seeing how long your shingles will last, this article will take a closer look at a few things you should have your roof inspected for. Read on to learn some more.
Rain Gutters
If your rain gutters are in bad shape, they may damage your roof or the outside of your house. While your roofer is up on your roof, make sure that you have them inspect the quality of your rain gutters and how well they have been installed. Sometimes, they just need to be reattached so that they work a little bit better.
Fascia and Soffit
The fascia and soffit are what surround the perimeter of your roof and the underside of where your roof goes to your house. They are also what your rain gutters are attached to. If you have any wood rot in your soffit or fascia, it may lead to further problems like mold later on down the line. Make sure that you have your roofing contractor closely inspect them so you don't run into further issues down the road.
The most obvious thing to have your roofer check on while they are up on your roof is the condition of your existing tile shingles. Even if a few of them have flown off, are most of them still intact or do they need to be replaced? While they are up there, a roof inspector will also be able to tell if you will need to have your roof redone or if you will need to the whole thing replaced later on.
If you think about it, your roof acts as one of the biggest barriers against wind, rain, snow, and other issues. This is why you always need to make sure that it's in good condition. To learn more about these and other roofing problems, schedule an appointment with your roofer today.


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About Alex Dembitzer
Meet Alex Dembitzer
Born and raised in New York, Alex Dembitzer graduated from New York University at the young age of 19 with a bachelor's degree in finance. By the age of 23, he had already entered the world of real estate as a developer, investor, and property owner.
Founder and Owner of Sky Management Services, LLC
Today, Dembitzer is the owner of office buildings, multi-family developments, and industrial and flex properties across the US. After two decades as an independent businessman, he founded Sky Management Services, LLC, a real estate development company with offices in Philadelphia and New York. Under Dembitzer's guidance, Sky Management Services has developed a substantial portfolio, with holdings in large metro areas including New York, Philadelphia, Baltimore/Washington, Pittsburgh, Charlotte, Atlanta and Los Angeles. Dembitzer and Sky Management Services have also branched into the growing field of renewable energy; they now manage more than 100 grid-connected solar installations.
Co-Founder of Northern Charitable Foundation, Inc.
In addition, Dembitzer is active in a variety of charitable projects. He is the founder of Northern Charitable, Inc., a philanthropic foundation that he founded with his family in 2007. Northern Charitable partners with local institutions to provide public health services, including prevention, awareness, and medical support, to the sick and needy in Israel and the US.
The Dembitzer Family
Rosa Dembitzer, Alex's wife and co-founder of Northern Charitable, grew up in Costa Rica and graduated from the University of Chicago's prestigious economics department in 1988. The couple currently resides in Israel, where they moved in 2010 after more than twenty years in New York. In their spare time, the Dembitzers enjoy hiking, fitness, and travel.


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I came across Shannon's site one afternoon and thought her stories were insightful and engaging. She writes from the heart and gives hopes to others with her writing. What struck me was that she's gone on a journey into pursuing her passions and found God in the mist of it all.
1. Who are you and what do you do?
I'm a hybrid—half scientist, half artist, trying to get the opposing sides of my brain to play nice. So, three days a week I work as a nurse practitioner, two days a week I study theology and art, and, on the fringes, I write.
I've always loved the magic of ink on a page and how it can build a world that teems with life and color. As an eleven-year-old, my favorite books (which could have prophesied my life trajectory) included an anatomy book, a Bible, and any novel that plunged me deeper into the world.
Currently, I write for Converge Magazine, run a blog called Faith and the Other Five Senses, and host a program for Hope Streams Radio. In my writing I explore what it means to follow Jesus in a complex world, geeking out regularly that we live in world where Tiramisu, the Les Misérables, and Penicillin all matter because God's behind them all.
2. Why is it important to follow your dreams?
I spent most of my teens and twenties hedging future plans around the expectation I'd get married. I wanted the three M's—marriage, medicine, and ministry (writing), but finding a spouse dominated the bunch. So, while I'd watch brain surgery for fun or stay awake till 3 am reading "just one more chapter," I assumed that when I finished college, I'd get married, have kids and that would pretty much consume the rest of my life. When that didn't happen, I pursued my medical interests, then writing, and while I'd still love to get married, I'm so thankful God kept me single long enough to convince me that medicine and writing are integral to who I am.
Our dreams are expressions of who we are and what God loves best about us. While we may not be able to read his mind on the fine details of futures, our passions are linked to how he wants to use us.
3. How long have you been running your blog?
I'm eighteen months into my blog, Faith and the Other Five Senses. Prior to that I dabbled periodically in another blog, but it was a haphazard affair and when I decided to get serious about writing, I knew I needed to start fresh.
4. What advice do you have to writers who are trying to pitch themselves to other magazines to write an article?
The advice I keep giving myself (and keep refusing to take) is pitch, pitch, and keep pitching. Writing articles is the fun part, so I'm always tempted to spend my time composing this great piece that I'm just sure some editor will want to run. Then, after investing all this time and emotion into it, I feel personally rejected when they send a "Thanks, but no thanks." Pitching often and widely is a better use of time. Unfortunately, it's also less fun.
5. Why do you think it's important to put God first in everything you do?
The easy answer: only the things we do for God will last. But…sometimes I get annoyed with overly spiritual answers that punt everything important over to the other side of the grave.
While it's true that God will judge everything we do here, he's also an artist weaving masterpieces from our lives and he knows his medium better than we do. So, putting him first means letting him call the shots and trusting that the master artist knows best.
I can get a high for a while out of pursuing success, basking in creative inspiration, and swimming in the endorphins of a hard day's work, but life is about more than that. God sees what I can't and he's working on bigger plans than I can dream up for myself, pulling me and the people nearby into a life-changing relationship with him, not one that's rigid and predictable as a corpse, but something more like salsa, vivid and robust enough for this incredible and complex world.
6. As a writer what is your ideal item to drink while writing? (coffee, tea, ect)
Coffee is a pre-requisite to any day, but when it comes to writing I tend to pair La Croix with articles and blogs and red wine with poetry and fiction.
7. What advice do you have for running a successful blog?
1) Know yourself. Initially I wanted to blog three times a week, a realistic goal for some writers—people who blog full time or can crank out a post per hour or function on five hours of sleep—but not me. I wanted my writing career to take off, but refused to sacrifice the rest of life for my blog, so I settled for once a week.
2) Make it happen. If you're serious about writing, make time for it. For the last six months, I've written on Saturday evenings, the only hours I could scrounge up from my week. I'd drive to Starbucks at 5:00 pm, feeling like an antisocial loser until I reminded myself that I love writing and that all the best things in life require sacrifice.
3) Leave the success up to God. Let's be honest, I want people—a lot of people—to think I'm a fabulous writer. So when I started my blog, every time a post went live, I'd check the stats like an alcoholic rummaging through the cupboards. When the traffic streamed in, I'd feel intoxicated. When the numbers were low, I'd spiral into self-doubt. It sucked my soul dry.
Now, I leave the numbers up to God. If my little corner of the internet and the things I say can help one person see him a bit more vividly, if after reading a post on what christians can learn from the culinary arts one reader sees Jesus reaching out to her through a plate of lasagna, that's enough. But, checking the numbers compulsively makes me forget that.
8. Why do you love to write?
I love gathering up the thoughts billowing up in my brain, putting ink on them, and then whittling it down till something concrete and solid emerges. I love the challenge of taking abstract, theological concepts, like sacramental ontology or embodied sanctification, which would make most people's eyes glaze over, translate them into color, movement, and texture until people start to care about them and see how integral they are to life.
Fun Questions
1. If you were stuck on an island what five items would you have?
Water filter.
Year's worth of fire starter. I can barely manage with a match and half a ream of paper, so hopefully that would bide me time until I learned.
Knife. I tried husking a coconut by hand once in Hawaii, and it was like peeling the trunk off an oak tree. Pretty sure a knife would increase my chances of survival.
Lifetime supply of ice cream and a way to keep it cold. Calcium, it's important.
2. If Harry Potter and Jon Snow had to fight each other in wrestling who would win?
I think the real question you're asking is whether Mr. Darcy, Mr. Nightly, or Gilbert Blithe would win my heart. And, that's a tough one. Probably Gilbert.
3. Chocolate or vanilla?
About ten years ago I converted to vanilla. It caused some rifts in the family, but I've never looked back.
4. Do you think miniature golf should be a professional sport?
Yes, with competitors dressed like residents from the Capitol in the Hunger Games.
5. If you could meet five authors living or dead who would they be?
Alexander Dumas. Seriously, the plot from The Count of Monte Cristo…
Fyodor Dostoyevsky.
Apostle Paul. See below.
Apostle John. Sometimes I stumble over what it means to be "a good Christian." I get very Apostle Paul about it—intellectual and intense—and I forget we're all wired different and that Paul's not the ideal Christian, Jesus is. So, I think having John and Paul over for wine and Tiramisu would recalibrate my idea of who I'm supposed to be in a healthy way.
Anne Lamott. She's a freaking riot. Her book Bird by Bird kept me from drowning in my own writing insecurities, particularly the dark humor and brutal honesty of "Shitty First Drafts." Life-giving to the soul.


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Career Experiments: Cass/
Without knowing that Cass was a true fashionista, my first conversation with her was about clothes. J. Crew in fact, and exactly which outpost to visit to locate the sweater she was wearing. Eventually I learned about her side gig, Classy by Cass. I followed along for over a year, impressed with her persistence in developing her writing style and business, all while staying true to her vision of classic, modest fashion.
If her story inspires you, maybe starting a side hustle is for you, too! This is a great way to explore a career interest "on the side," testing out a creative idea or developing your skills for a launch in a new direction while enjoying the security of a day job.
Who: Cass, twenty-something
What: Legal secretary by day, fashion blogger by night.
Q: Trace the steps leading your current career interest; What were the most pivotal experiences that led you here?
What inspired me to start my blog, Classy By Cass is my friends and family...as well as everyone else who cared what I was wearing. I have always had a thing for fashion, styling, and travel. I was constantly being asked about this or that and to share where and how I pull modest looks together. I was so overwhelmed (in a good way) and started seeing all these other bloggers out there doing the same thing. So I figured I'd give it a go and try it out.
Turns out it's as fun, and as stressful, at times, as one would think. In the beginning, I had no idea what SEO and " coding" was and when I was in the very tiny baby stage of educating myself I was a little discouraged and frustrated because I never thought I'd get anywhere and learn everything. I have learned SO much and I am still learning. I'm always reading and trying to figure out how to improve and grow Classy By Cass.
I think one of the things that helped me take the plunge and make me go ahead with Classy By Cass is the whole networking side of it and forming relationships with certain brands and other influencers alike. So many people inspire me and I wanted to be a part of that and hopefully at some point, inspire people to do something that they really enjoy doing.
Life is too short not to jump on opportunities and make things happen for yourself. When I landed my first sponsored post it was the greatest feeling in the world! I knew from that point that I was glad I didn't let fear and frustration keep me from doing something I knew I would love.
The biggest insight for me since starting Classy By Cass is that you don't have to be great to start something.
You don't even have to be good.
If you've got a tiny knack for something, start there.
I love fashion, interior design, and travel. I'm okay with taking photos but had NO idea how to run a website or do the business side of it. The business side and all the dynamics are constantly being learned. It takes time, but just going and doing is what you have to do.
Learning as I go, because for me personally, I am a hands-on kind of learner, has made me appreciate my little business that much more. I wouldn't be here now if I didn't forge on, pushing all the negative thoughts aside that so tried to stop me. I even had people tell me they didn't think I could do it. But I can. And I did and I AM doing it. And I absolutely adore it.
So friends, if you're on the fence about something, sometimes just starting (blindly, and uneducated like myself) can be so rewarding because it's something that you'll have to learn, work on and grow in. I have come to treasure my little spot on the internet and love what I do!


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Law Week Colorado, February 18, 2105
Posted in Securities, tagged cannabis, IPO, legal, marijuana, SEC, securities, Securities and Exchange Commission on April 25, 2015| Leave a Comment »
Law Week Colorado, February 18, 2105
Posted in Securities, tagged blank check, reverse merger, SEC, securities, Securities and Exchange Commission, shell company on April 23, 2015| Leave a Comment »
Denver CO, April 22, 2015 – In the last year I have seen proposals for clients to go public through a reverse merger with a public operating company that was really a shell or "blank-check" company. In both cases during the listing process the SEC commented that the registering company appeared not to have any real assets or operations, appeared to be a shell or blank-check company, and the SEC asked whether the company intended to do a reverse merger in the near future. The companies responded that they did too have a real business (they didn't), and they had no intention of merging with any company in the future. Almost as soon as the company was registered they were trying to sell a reverse merger / back-door-listing to my client.
A "shell company" is prohibited from taking advantage of many favorable SEC rules for three years after it is no longer a shell, and has extensive 8-K filing requirements. In addition, "blank check" companies are subject to restrictive escrow and use of funds requirements, along with clear risk and disclosure obligations. I advised my client that it would likely bear substantial costs from the previous founders' lies to the SEC, since the original promoters would be cashed-out and long gone when it came time to pay the piper. We walked away.
Last week the SEC charged 10 people with fraud for lying to the SEC about the shell or "blank-check" status of registered companies bound for reverse mergers.
The SEC announced the charges in a press release on April 16, 2015, stating it brought fraud charges "against 10 individuals involved in a scheme to offer and sell penny stock in undisclosed "blank check" companies bound for reverse mergers while misrepresenting to the public that they were promising startups with business plans. Blank check companies generally have no operations and no value other than their status as a registered entity, which makes them attractive targets for unscrupulous individuals seeking reverse mergers with clean shells ripe for pump-and-dump schemes."
According to the SEC, the group created undisclosed blank check companies, installed figurehead officers, falsely claimed in registration statements and other SEC filings that the companies were pursuing real business ventures, and concealed from the public that the sole purpose of the companies was entering into reverse mergers so they could profit from the sales.
The SEC is seeking disgorgement of approximately $ 6 million in ill-gotten gains plus prejudgment interest, financial penalties, and permanent injunctions as well as officer-and-director bars and penny stock bars.
Posted in Securities, Uncategorized, tagged accredited investor, advertising private placement, broker-dealer, exemption, general solicitation, jobs act, private placement, Rule 506(c), SEC, Securities Act 1933, Securities and Exchange Commission on October 9, 2013| Leave a Comment »
According to the SEC, in 2012 companies raised $173 billion through direct private placements, and pooled funds raised $725 billion. These offerings were conducted without public advertising. After September 23, 2013 companies and hedge funds offering their securities in private placements can now advertise the offering to the public, so long as (1) all purchasers are "accredited investors" and (2) they take "reasonable steps" to verify that each purchaser is "accredited." However, the new rules also increase the risk and likelihood of losing your private placement exemption, and should be used with caution.
The basic foundation of securities laws in the United States is that every offering and sale of a security must be either registered with the SEC and applicable state commissions, or qualify for an exemption from registration. The primary exemption from registration is §4(2) of the Securities Act of 1933 ("Securities Act"), which exempts "transactions by an issuer not involving any public offering." In the decades after 1933, court rulings and SEC guidance added a confusing and formidable crazy-quilt of rules about what made a "private placement" under §4(2). To address this problem, in 1983 the SEC issued Regulation D; private placements that meet one of the three Reg D requirements are deemed exempt from registration, and thus Reg D provides issuers with a "safe harbor" so they know their private placement is exempt, instead of having to deal with the uncertainty of §4(2).
The details of Reg D offerings are beyond the scope of this article, but nearly all private placements by issuers are conducted under Rule 506 of Reg D, because there is no limit on the amount raised or the number of accredited investors (now known as Rule 506(b)). There are several specific requirements that must be met to comply with a Reg D exemption, and Form D must be filed with the SEC and the relevant state commissions – more on that later. But until now, it was a requirement of every Reg D private placement that it not involve any public offering.
That means no advertising, no Internet webpages about your offering, no hosted breakfast meetings at the retirement home about an "investment opportunity," no facebook postings, no windshield flyers at the mall – until now.
The JOBS Act
Section 201(a) of The Jumpstart Our Business Startups Act, (the "JOBS Act")(April 5, 2012) directed the SEC to issue rules allowing "general solicitation" in connection with a private placement. Earlier this year the SEC issued new Rule 506(c), which went into effect on September 23, 2013 and provides a new "safe harbor" exemption from registration for securities offerings marketed using general advertising if:
How It Works
New Rule 506(c) under Regulation D allows issuers and their agents to advertise and offer to the public their securities, without having to register the offering or the securities under the Securities Act, if (1) all investors are "accredited investors" at the time of investment, (2) the issuer takes reasonable steps to verify that each purchaser is an accredited investor, and (3) they otherwise comply with Reg D. Note that the definition of "accredited investor" under Reg D has not changed, which means that an "accredited investor" includes persons that the issuer reasonably believes to be an accredited investor. Therefore, the issuer will not lose the exemption if an unaccredited investor sneaks in, so long as the issuer reasonably believed the investor was accredited.
Securities issued under new Rule 506(c) will still be "covered securities" under federal securities laws, and therefore preempt the "Blue Sky" laws of the 50-states; state registration will not be necessary, but the issuer must still file Form D with the SEC and the states where securities are sold. Form D has been amended, and the issuer must now check-the-box to state whether the offering is conducted under new Rule 506(c), or traditional Rule 506(b) with no public offering.
One of the key compliance requirements will be taking "reasonable steps to verify each purchaser is an accredited investor." The SEC has provided guidance. First, the traditional method of requiring investors to "self-certify" that they are accredited by checking a box on their stock purchase agreement will not be acceptable for public offerings under new Rule 506(c). Second, rather than a "bright line" test, the SEC has adopted a "principals-based approach" to whether the issuer takes reasonable steps – a "common sense" test, depending on the facts of each offering. At one end of the spectrum, if the issuer sells its shares to JP Morgan Chase, Bank of America and Goldman Sachs, very little effort will be required to establish that the purchasers are "accredited," it is readily confirmed in the public record. On the other end of the spectrum, verifying the accredited status of natural persons will require some effort (and record-keeping).
Natural persons may be accredited based on (1) income (alone or with spouse), or (2) their net worth. The SEC provided a few safe-harbor methods for satisfying that investors are "accredited," which are not exclusive.
An issuer will be deemed to have satisfied the verification requirement for the income of a natural person by reviewing the investor's IRS income forms for the two most recent years, such as Form W-2, Schedule K-1, Form 1099, and Form 1040. The issuer must also get a written representation from the investor that he expects to reach the required income level again in the current year. If the income requirement is based on joint income with the investor's spouse, the IRS forms and representation must pertain to both the investor and spouse.
Net Worth
An issuer will be deemed to have satisfied the verification requirement for the net worth of a natural person by reviewing one or more of the investor's bank statements, brokerage statements, securities account statements, certificates of deposit, tax assessments and appraisal reports for assets, and a consumer credit report for liabilities from one of Experian, Equifax, or Trans Union. The investor's written representations described above are required.
Third-Party Verification
An issuer will be deemed to have satisfied the verification requirement by getting a written confirmation from the investor's registered securities broker or investment adviser, CPA or licensed attorney.
Bad-Actor Disqualifications
Concurrent with issuing the new Rule 506(c), the SEC also issued the long awaited "Bad Actor" disqualification rules, disqualifying felons and other "bad actors" from participating in Rule 506 offerings. The issuer will lose its private placement exemption and be subject to rescission (discussed below) if the issuer, a director or officer, a 20% owner, a promoter, or a finder has had a "disqualifying event" such as a criminal conviction, a securities related injunction or restraining order, a banking regulator order, or any of a number of other disqualifying events. These will be discussed in more detail in a companion article.
The Big Risk – Claims for Rescission, Damages and Enforcement Action
The penalty for violating the registration or antifraud provisions of the securities laws is that, at a minimum, investors can rescind their purchase and receive a refund of their investment. Some states, such as Colorado, provide for attorney's fees in these types of cases. Additionally, the state and federal regulatory agencies have enforcement rights and, in extreme and aggravated circumstances, may fine and enforce criminal penalties.
The federal antifraud provisions arise primarily from Section 10(b) and rule 10b-5 of the Securities Exchange Act of 1934 ("Exchange Act"), as well as the lesser known Section 12(2) of the Securities Act. States have similar or identical antifraud provisions in their "Blue Sky" laws. Failure to comply with these provisions can result in civil liabilities (i.e., money damages). The liability can be, and often is, personal as to corporate officers, directors, principal shareholders and promoters. These antifraud laws prohibit any person in connection with the purchase or sale of any security from misrepresenting or omitting a material fact or engaging in any act or practice that constitutes a "fraud" or deceit upon any other person. Fraud, for securities law purposes, is much broader than the average person thinks of "fraud". It includes omissions in disclosure (sometimes even unintentional ones) rather than just deliberate misrepresentations. Therefore, regardless of whether you intend to defraud an investor, if you fail to disclose a material fact, you may be liable.
If an issuer loses its exemption, or, fails to disclose important facts or makes mistakes in disclosures, it is at risk for claims by investors seeking to get their money back, and the directors and officers who participated in the offering may be personally liable. None of the antifraud damages or rescission rights were removed by these new rules.
Risk #1 – Lose The Exemption, No Fall-Back Exemption
Lawyers commonly help their clients design and conduct private placements so that they comply with both old Rule 506 of Reg D (now Rule 506(b)), and §4(2) of the Securities Act. Rule 506 has a number of specific requirements that, if not met, will cause you to lose the exemption. For example, it is not uncommon for an issuer to restrict its offering to accredited investors, thereby decreasing its disclosure obligations, but then decided to let in Uncle John and Aunt Jane, who are not accredited. Since it hasn't met the disclosure obligations for non-accredited investors required by Rule 506, the issuer has lost the benefit of that exemption. However, if the placement also complied with the §4(2) requirements, and Uncle John and Aunt Jane meet the "sophisticated investor" requirements of §4(2), the issuer has not lost its private placement exemption – the offering is still exempt.
But, if the offering includes general solicitation and advertising to the public under new Rule 506(c), there is no fallback exemption. Remember, the §4(2) registration exemption applies only to offerings "not involving any public offering," and therefore will not be available as a fallback if you fail to meet the formal requirements of new Rule 506(c). A private placement with public advertising under new Rule 506(c) is all-or-nothing – you are on the trapeze without a net.
Risk #2 – Commit Securities "Fraud"
"Oops, we forgot to mention, that one guy is suing us about that one thing!"
"Did we tell the investors about that note coming due next year?"
Generally speaking, liability for securities fraud arises when the investor makes his investment decision. While there is no specific disclosure requirement under Rule 506 for offerings made only to accredited investors, without a disclosure document like a private placement memorandum or offering circular, the issuer will be in a tough spot if an investor claims securities fraud, which will be all the more difficult if the offering was advertised. First, a disgruntled investor could claim that he decided to invest based on the public advertising that he saw, before he even saw any investment documents – a risk that did not exist before. An issuer would have little evidence to defend that claim without a robust offering disclosure document with comprehensive risk factor disclosures, and a well-controlled investment acceptance procedure.
Second, securities "fraud" includes the failure to disclose a material fact, which is a fact that a reasonable investor would consider important to an investment decision. The courts have consistently held that generic or "blanket" risk disclosures, such as "this investment is risky and you could lose all your money," are not sufficient to protect issuers from liability for securities fraud. Fact and risk disclosures must be well considered and specific to each issuer and each offering. In the author's opinion, public advertising of private offerings will increase the already considerable tension between an issuer's desire to make its stock attractive, and the lawyer's desire to disclose all "bad facts" and potential risks. Absent the regulatory scheme of SEC review and comment for public offerings, and specific and very detailed disclosure rules, issuers making public offerings of private placements under new Rule 506(c) may "sales pitch" their stock, and pay the price for inaccurate and incomplete advertisements and solicitations at a later date.
Risk #3 – Lose the Broker-Dealer Exemption
In addition to the registration exemption, a private placement must also comply with the broker-dealer registration or exemption requirements of the Exchange Act. That is, securities may not be sold in the United States except by a person registered as a broker-dealer (or their agents), unless an exemption applies – the persons selling the securities must be registered or exempt. The "issuer exemption" is most commonly used for a private placement. The issuer exemption allows the directors and officers of a company to sell its securities without registering (1) so long as they do not sell more often than once every 12 months, (2) the selling persons are officers, directors, or full-time employees who perform substantial duties for the Company other than selling these securities, and (3) the selling persons are not paid compensation for their sales efforts – they can continue to receive their normal compensation, but no commissions or bonuses for selling the stock. Issuers must be mindful that these rules still apply, even with a publicly advertised private placement. If advertising an offering generates excessive calls and inquiries to the company, the company must be very careful that the persons taking the calls understand their roles and limitations in the context of the broker-dealer exemption, and don't cause the issuer to lose its "issuer exemption."
Risk #4 – Hedge Funds May Get Special Attention
In addition to the registration exemption and the broker-dealer exemption, private pooled investment funds, such as hedge funds, private equity funds and venture capital must, must be registered as an investment company under the Investment Company Act of 1940, unless an exemption applies. Most private funds rely on one of two exemptions from the 1940 Act, both of which are not available if they make a public offering of their securities. Because the new rules allowing general solicitation would be of no value to private funds if advertising caused them to lose their 1940 Act registration exemption, the SEC has determined that private funds can make public offerings under Rule 506(c) without losing their 1940 Act registration exemption. Specifically, the SEC ruled that since the JOBS Act provided that offers and sales under new Rule 506(c) shall not be deemed public offerings "under the Federal securities laws," and the 1940 Act is a "Federal securities law," then, offerings by private funds under Rule 506(c) shall not be deemed public offerings.
However, the SEC indicated it may be paying particular attention to advertising and disclosures by private funds. Investment advisers to private funds are subject to additional rules under the Advisers Act, and in its issuing release the SEC said "we intend to employ all of the broad authority Congress provided us ….. and direct it at adviser conduct" affecting investors in private funds. The SEC provided this pointed reminder: "Recently, for example, we have brought enforcement actions against private funds advisers and others for material misrepresentations to investors and prospective investors regarding fund performance, strategy, and investment, among other things." It is probable that the SEC will be carefully scrutinizing advertising and sales materials of private funds for potential misrepresentations.
The Early Fallout
The SEC, and particularly state securities regulators, did not support allowing "public advertising of private placements" (and yes, that is a direct contradiction in terms – a fact not lost on the SEC). However, the JOBS Act required this rule-making, and it does not come without a cost. First, the SEC finally issued the "Bad Actor" rules, prohibiting persons with a relevant bad history from participating. That will be discussed in a different article. At the same time, the SEC issued new proposed rules regarding Form D and filing requirements. Until now, Form D has been a mere formality and an information gathering tool for the SEC. Failure to timely file Form D had little or no real consequences. The SEC is proposing to add real enforcement and penalties behind the Form D filing requirement, and to require issuers making public offerings under new Rule 506(c) to file their offering materials with the SEC. While these new Form D and reporting requirements are only proposed for comment at this time, and the final regulations remain to be seen, it is clear that the SEC intends to keep a close eye on issuers using advertising for their private placements. State securities commissions will be doing the same.
Posted in Governance, Securities, tagged 1934 Act, facebook, public company, Regulation FD, SEC, Securities and Exchange Commission, Securities Exchange Act of 1934, selective disclosure, twitter on April 3, 2013| 2 Comments »
The Securities and Exchange Commission announced today that companies can use social media outlets like Facebook and Twitter to make news announcement in compliance with Regulation FD (Fair Disclosure), if investors have previously been told which social media the company will be using, and who's feed to monitor. Regulation FD requires companies to distribute important news in a manner designed to get that information out to the general public, so that all investors have the ability to get important news at the same time. Today the SEC confirmed that social media can meet that requirement, if certain conditions are met.
The SEC commenced an investigation last year after Netflix CEO Reed Hastings posted on his personal Facebook page on July 3, 2012 that Netflix's monthly online viewing for June 2012 had exceeded one billion hours for the first time. Netflix did not report that information to investors through a press release or Form 8-K filing, and a Netflix press release later that day did not include the information. The announcement represented a nearly 50% increase in streaming hours from Netflix's January 25, 2012 report, and was clearly important news to the market. Hastings and Netflix had not previously used Facebook to announce company metrics, and they had never told investors to watch Hastings' personal Facebook page for Netflix news. Netflix's stock price increased from $70.45 at the time of the post, to $81.72 at the close of the following trading day.
According to the SEC press release: "The SEC did not initiate an enforcement action or allege wrongdoing by Hastings or Netflix. Recognizing that there has been market uncertainty about the application of Regulation FD to social media, the SEC issued the report of investigation pursuant to Section 21(a) of the Securities Exchange Act of 1934."
The SEC's report of investigation, available here, confirms that Regulation FD applies to social media used by public companies the same way it applies to company websites. As a result, reporting issuers cannot use social media as the sole method to report material, non-public information, unless the issuer has previously notified investors and the public to look to a specific site, page or feed for that type of information. Failure to comply could constitute selective disclosure and a violation of Regulation FD.
In particular, the report of investigation notes that the personal social media site of an individual corporate officer would not ordinarily be assumed to be a method "reasonably designed to provide broad, non-exclusionary distribution of the information to the public" as required by Regulation FD, even if the officer is a business celebrity and has a large number of subscribers, friends or contacts. "Personal social media sites of individuals employed by a public company would not ordinarily be assumed to be channels through which the company would disclose material corporate information", and may not be used for that purpose unless the public is given advance notice that the site may be used to distribute company information.
Posted in Securities, tagged deferred prosecution, McNulty Memorandum, non-prosecution agreement, Seaboard Report, SEC, Securities and Exchange Commission, Thompson Memorandum on August 18, 2011| Leave a Comment »
Last year the SEC announced it was adopting new procedures to encourage greater cooperation in its enforcement investigations, including the use of cooperation agreements, non-prosecution agreements and deferred prosecution agreements. Non-prosecution agreements and deferred prosecution agreements are typically used in criminal proceedings to encourage cooperation by important witnesses and provide fair and specific treatment of cooperating witnesses. To understand their use by the SEC it is helpful to understand how these tools developed under federal practice.
The Department of Justice has used these agreements for years in corporate fraud cases. The infamous "Thompson Memorandum", written by Larry Thompson of the DOJ in 2003 to help federal prosecutors decide whether to charge a company with criminal offenses, required that a company must
before the company could claim credit for cooperating with the DOJ. In other words, a company might provide extensive cooperation to the DOJ, but would not get any credit for that cooperation unless it expressly gave up its rights and breached its indemnification contracts. Nearly every public company has indemnification agreements with its directors and officers, and indemnification is provided in the corporation statutes of Delaware, Colorado, and most other states. While eviscerating the constitutional rights to counsel and against self-incrimination, and the statutory right and contractual obligation to indemnification, the Thompson Memo also provided for the use of non-prosecution agreements for companies that waived their constitutional rights.
The Thompson Memorandum was replaced in December 2006 by the more reasonable "McNulty Memorandum", which provided some relief from the most offensive portions of the Thompson Memorandum by requiring prosecutors to go through certain procedural requirements and obtain approval from senior supervisors before demanding a waiver of the attorney-client privilege.
The McNulty Memorandum was revised in 2008 (the "Filip Memo") to prohibit the Department of Justice from coercing companies to breach their indemnification agreements with their directors and officers, to allow credit for cooperation to companies that do not waive the attorney-client privilege or do not disclose attorney-client work product, and to prohibit prosecutors from demanding attorney-client communications or attorney work product.
In contrast to the Department of Justice, the SEC does not have criminal enforcement powers, only civil enforcement powers, and must refer criminal cases to the Department of Justice. However, over the years the SEC has sought greater cooperation from companies and people under SEC civil investigation. For example, the SEC's equivalent of the Thompson/McNulty/Filip Memorandums is the 2001 "Seaboard Report" describing the criteria it will consider in determining whether, or how much, credit it will give to companies who self-police, self-report, take corrective action or cooperate with the SEC. Never mind that the "Seaboard Report" is neither about "Seaboard" nor a "report", it stated that cooperation can result in reduced charges, lighter sanctions or mitigating language in settlements.
Despite the SEC's more reasonable approach to the rights of companies under investigation, the Seaboard Report, and the SEC's approach to giving credit for cooperation, were vague, and often applied after-the-fact. In many cases, a company never really knows where it stands with the SEC, and whether it is actually receiving credit for cooperation, until after the investigation is complete. While the Justice Department's rules were originally offensive, at least a defendant signing a non-prosecution or deferral agreement knows exactly what to do, and exactly what treatment it will receive in return for cooperation.
To encourage the type of cooperation the SEC wants, it needs to provide the same type of certainty and fairness to potential witnesses as the DOJ, and so last year the SEC adopted new procedures for rewarding cooperation.
The SEC entered its first non-prosecution agreement in December 2010 with Carter's Inc. In the Carter's case the EVP of Sales, Joe Elles, allegedly gave substantial discounts to the company's largest customer and hid them from the company. Because the company didn't know, it did not recognize the discounts until later reporting periods, which caused the company's results for the quarters in which the discounts were given to be artificially inflated. The SEC brought an action against Elles, but entered into a non-prosecution agreement with Carter's. The SEC identified the following factors as relevant to its decision not to bring an action against Carter's: (1) the "relatively isolated nature" of the unlawful conduct; (2) the company's "prompt and complete" self-reporting of the misconduct to the SEC; and (3) the company's "exemplary and extensive" cooperation in the inquiry, including a "thorough and comprehensive" internal investigation. The SEC did not require Carter's to waive its attorney-client privilege.
The SEC recently announced its first use of a deferred prosecution agreement, with Tenaris S.A., a manufacturer of steel pipe products from Luxemburg, listed on the New York Stock Exchange. A world-wide internal investigation conducted by Tenaris' outside counsel revealed Foreign Corrupt Practices Act violations in Uzbekistan, where Tenaris allegedly bribed Uzbek officials and made $5 million in profits from pipeline contracts. The company self-reported to the SEC and the Department of Justice, cooperated with the government, and made extensive efforts at correcting the violations.
The SEC said that Tenaris was an appropriate candidate for the first deferred prosecution agreement because of its "immediate self-reporting, thorough internal investigation, full cooperation with SEC staff, enhanced anti-corruption procedures, and enhanced training."
Under the deferred prosecution agreement, the SEC will not bring civil charges against Tenaris unless the SEC determines that the company has not complied with its obligations under the agreement. Although Tenaris shared the results of its internal investigation with the government, the agreement does not require it to waive the attorney-client privilege. Tenaris agreed to pay $5.4 million in disgorgement and interest.
By eliminating the Hobson's choice of either cooperating and not knowing what will happen, or not cooperating and not knowing what will happen, the certainty provided by deferment and non-prosecution agreements will allow lawyers to better advise their clients on the consequences of self-reporting and corrective actions, and should make it easier for the SEC to secure cooperation from companies and individuals on a fair and reasonable basis.
Posted in Dodd-Frank Financial Reform, Securities, tagged accredited investor, aiding and abetting, broker-dealer, brokered deposits, Dodd-Frank, FDIC, Federal Deposit Insurance Corporation, investment advisor, private placement, registered representative, Sarbanes-Oxley, SEC, Securities and Exchange Commission, Wall Street Reform on October 13, 2010| Leave a Comment »
This is the second in a series analyzing important changes to capital markets and securities laws by the Dodd-Frank Wall Street Reform and Consumer Protection Act. On July 21, 2010 President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act. While the Act is 2,319 pages long, it has very little immediate effect on the financial markets. Rather, the Dodd-Frank Act empowers a variety of financial regulators and government agencies to conduct studies, take testimony, publish reports and promulgate rules and regulations to enforce the various provisions of the Act. Not unlike Twilight (New Moon), nothing much happens in the Dodd-Frank Act, but it lets you know there's more to come.
The Dodd-Frank Act was primarily crafted to reduce the exposure of the U.S. banking system to a repeat of the 2008 melt-down, and end the potential for "too big to fail" government bail outs. However, the Act goes well beyond the initial intent, addressing broad changes in securities laws, capital markets, banking and consumer finance.
47 Studies (or is it 67 Studies?)
Depending on whom you ask, and how you count parts and sub-parts, the exact number of studies commissioned by the Dodd-Frank Act varies. The best estimate may be "scads". Studies will be conducted and reports published by the Financial Stability Oversight Council, the FDIC, the GAO, the FTC, the Federal Reserve, Treasury, the new Bureau of Consumer Financial Protection, and the SEC, among others. In particular, the SEC will have one of the biggest roles in implementing Dodd-Frank. The SEC has begun ramping-up to implement its role. Compliance Week reports that the SEC will hire roughly 800 new employees, create five new offices, and revamp its internal reporting and technology processes in implementation of its broader reporting and enforcement role.
The following studies may be of interest to our clients:
Under current law the SEC may bring action against aiders and abettors, but individuals may not. In addition, the Dodd-Frank Act provides for the SEC to impose aiding and abetting liability on persons who "recklessly" provide substantial assistance to someone who violates the Exchange Act. Previously, the SEC was required to show that such assistance was provided "knowingly." Private plaintiffs have been unable to bring such claims since the Supreme Court's Central Bank of Denver decision in 1994, and the 2008 decision in Stoneridge Investment Partners blocked plaintiffs from bringing similar "scheme" liability claims.
The Dodd-Frank Act also extends aiding and abetting liability for the first time to the Securities Act, the Investment Company Act and the Investment Advisers Act. The Act also clarifies that the SEC may pursue enforcement actions against so-called "control" persons – those found to "directly or indirectly control" a violator – unless they acted in "good faith" and did not "directly or indirectly induce" the violative conduct. This report is due in 1 year.
– the definition of core deposits for the purpose of calculating the insurance premiums of banks;
– the potential impact on the Deposit Insurance Fund of revising the definitions of brokered deposits and core deposits to better distinguish between them;
– an assessment of the differences between core deposits and brokered deposits and their role in the economy and banking sector of the United States;
– the potential stimulative effect on local economies of redefining core deposits; and
– the competitive parity between large institutions and community banks that could result from redefining core deposits.
Current FDIC policy strongly discourages acceptance of brokered deposits by charging an FDIC insurance premium if brokered deposits exceed a specified percentage, and by very broadly interpreting the definition of brokered deposit.
What the Dodd-Frank Act Does Today
Stay tuned – the real financial reform will be published over the next few months and years.
Posted in Dodd-Frank Financial Reform, Securities, tagged accredited investor, Dodd-Frank, financial reform, private placement, Reg D, Regulation D, SEC, Securities and Exchange Commission on September 22, 2010| 1 Comment »
This is the first in a series that will analyze important changes to capital markets and corporate finance laws, enacted by the Dodd-Frank Wall Street Reform and Consumer Protection Act.
Most U.S. based companies seeking to raise money from investors do so through a "private placement" authorized under Regulation D of the Securities and Exchange Commission. Reg D provides several exemptions from SEC registration of a securities offering, the most popular of which (Rule 506) allows unlimited investment and participation by "accredited investors". If the offering includes non-accredited investors, the issuer must meet required disclosure obligations by providing information of the same kind that would be provided in a registration statement for a public offering. If only accredited investors participate in the offering, there are no specific disclosure requirements mandated by Reg D (although thorough disclosure is still recommended as a risk management practice). Therefore, many issuers chose to limit their offerings only to "accredited investors".
With the enactment of Dodd-Frank, effective July 21, 2010, and for at least the next four years, the definition of "accredited investor" has changed. The net worth part of the accredited investor test, which specifies that a natural person is an accredited investor if his or her net worth is at least $1 million, now excludes the value of that person's primary residence. Before July 21, the net worth test included the investor's primary residence.
There was no transition period or future effective date, so that issuers conducting private placements on July 21, 2010 had to amend and re-document their private placements in process to comply with the change. Fortunately, the other portions of the accredited investor definition, including the net income tests for natural persons, remain unchanged for now.
The Comptroller General is required to study the appropriate criteria for accredited investor status and report back to Congress within three years. On July 20, 2014 and every four years thereafter the SEC must review the definition of accredited investor as it applies to natural persons and make adjustments in the rules if appropriate.
The Race to the Bottom has a discussion of the history of the definition of accredited investor, as well as some thoughts about the SEC's role in developing the standards in the past and the future.


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The REDD+ Himalaya project with active collaboration of ICIMOD of Nepal has been initiated with the overall goal to build the REDD+ capacity in the four neighboring countries to develop and implement National REDD Strategy through conservation and sustainable use of natural sinks. Conservation and sustainable use of forests through REDD+ programme is an effective mitigation and adaptation measure. The project will assist in the capacity development of REDD focal points in Nepal, Myanmar, India (North Eastern Region) and Bhutan to develop and implement REDD projects through establishing a south-south platform that will focus on trainings, technology sharing and knowledge dissemination. Pilot REDD+ projects are also to be established in each country for all stakeholders.
To kick start the project activities, ICFRE in collaboration with ICIMOD organized a project inception workshop in Aizawl (Mizoram) on 28-29 January 2016. This is the beginning of the project in the North Eastern part of the country which is rich in its forest resources and communities have close linkages with forest resources. ICFRE is pleased to bring out the proceedings of this workshop and is grateful to ICIMOD, GIZ and the Norwegian Ministry of Foreign Arrairs for providing assistance to host this inception workshop.


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What You Need to Know About Vehicle Frame Repair
It Is Important To Seek A Professional Vehicle Frame Repair
Vehicle frame repair is basically the process of repairing the vehicle frame to its factory condition. Frame repair is critical to making sure your car or truck run correctly and smoothly. Car frame repair is a complex process and must be handled correctly to keep the structural integrity of your vehicle intact.
In many cases, vehicle frame repair is required if you have been in a collision. Auto body frame repair is best carried out immediately to prevent the problem from getting all the more serious. Many times car frame repair is necessary if you are involved in an accident or collision.


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Gaddis Gaming
The Gaddis Gaming Table Topper measures 4'x4'x3" and offers a 3'x3'x1" gaming arena, flanked by dice pits and dedicated card vaults. The two-player version has two areas for gamers to set up with an option for cup holders. The four-player option has dice pits and card vaults on all four sides. It weighs less than five pounds and is exceptionally durable and readily washable. It is available in all-black, or black with a white top. We offer an option to have your logo or other provided art printed in the corners on the white version. The gaming arena will accommodate any 3'x3' gaming surface you might already own. In addition, we will be offering custom inserts in a variety of game types, including hexes.
Risks and challenges
This project has been through extensive research and development in preparing for production and logistics. Our team includes individuals that bring a strong skill set in many different areas to navigate any challenges promptly.
While we do not anticipate any issues, there are risks and challenges that may occur along the way. Production could encounter equipment, material, and labor issues, delaying the project. Shipping can experience issues as well. Acts of God are always a possibility. But we feel he is on our side.
We have looked at scenarios for both small and large scale production and have everything in place to ensure this project's success. We are confident and prepared to deliver the Gaddis Gaming Table Toppers to you.Learn about accountability on Kickstarter
Funding period
- (30 days)


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The Fabrica Art Gallery, Brighton's famous visual arts organisation, has offered to host our Ooo-Ya-Tsu performance for the Brighton Digital Festival 2014, next September.
Based in a former Regency church in the heart of Brighton, Fabrica commissions contemporary visual art installations specific to the building.
As part of the presentation of the project, we prepared this short description of the project, for once in English:
Constructed as a cycle, the Ooo-Ya-Tsu performance sketches a poetic landscape around the interactions of visual art collective QuboGas, designer Thibaut Devulder, musician Olivier Durteste and a custom-made computer programme.
Ooo-Ya-Tsu takes inspiration from phase music and conjures up the imagery of mobile collages, in which new strokes, colours and sounds are overlaid and combined at each sequence.
The performance develops in three phases:
- A creative phase, during which the different performers step in sequentially to create and compose the graphical soundscape.
- A chaotic phase, as the richness of the interactions takes over the performance, claiming back control over the creative process.
- A rebirth phase, as Ooo-Ya-Tsu subsides and settles into an autonomous animated fresco, extending its visible existence into the digital space of the performance venue.
While based on a complex technical system, Ooo-Ya-Tsu keeps at its core the visual universe of the QuboGas collective: hand-drawn sketches on paper, in pencil, ink and watercolour. Digitised, these shapes and colours are combined with the soundscape composed by Olivier Durteste.
Ooo-Ya-Tsu offers a contemplative take on a collective artwork, where human gestures bring forth an infinite virtual fresco, an autonomous universe of sounds and graphics.


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Learning from experience is one of the most important areas where companies can build a strong project management process. The end of a project is a learning opportunity, but so few projects really seize this opportunity. It requirs the presence of the key stakeholders and there willingness to study the story of the project, comparing what actually happened with what was planned: in particular comparing the risks that were analyzed with the risks that occurred, the estimates with the costs. Furthermore, the organization and structure of the project can provide pointers for the future. The learning process needs to be well prepared and followed up so that the lessons learned can be recycled into future projects.
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KUALA LUMPUR, Malaysia — When he organized a get-together for dog lovers and their canine-averse neighbors, Syed Azmi Alhabshi thought he was doing a public service.
But after hundreds of people showed up to the event, billed as "I Want to Touch a Dog" on Facebook, and when pictures started circulating on the Internet of Muslim women in head scarves happily hugging dogs, Mr. Syed Azmi became an unwitting protagonist in the latest chapter of Malaysia's culture wars.
In the week since the event, Mr. Syed Azmi, a pharmacist, has received more than 3,000 messages on his phone, many of them hateful and a dozen of them threatening physical harm. The police advised him to stay at home.
Malaysia's Muslim leaders, who cite Islamic scriptures stating that dogs are unclean, lashed out at him in the news media. "I feel the anger, and it is real," he said in an interview.
Over the past two weeks, Muslim leaders in Malaysia have denounced Halloween as a "planned attack" on Islam and Oktoberfest parties as a public vice "the same as mass-promoted adultery."
The culture wars have waxed and waned in multicultural Malaysia in recent years as conservative Muslim groups have pushed back against what they describe as libidinous and ungodly Western influences in a country that has rapidly modernized and become more cosmopolitan.
The dispute over touching dogs has underlined the fault lines in what has increasingly become a country polarized between members of the Malay majority, who are overwhelmingly Muslim, and ethnic Chinese, Indians and other minorities, who are typically Christian, Hindu, Sikh and Buddhist.
The dog controversy joins the decades-old disputes over the availability of pork, the imbibing of alcohol and the pressure on Muslim women to wear conservative clothing.
Although many Muslims in other countries do not view touching dogs as forbidden, conservative Islamic groups here say the Shafie school of Islamic jurisprudence that they follow views dogs as unclean and requires the faithful to undergo a ritualistic wash if they come into contact with canines.
The Malaysian authorities described the "I Want to Touch a Dog" event as an offense to Islam. Othman Mustapha, the director general of the federal Islamic Development Department, which has the official mission of protecting the "purity of faith," said the event was a challenge to the authority of religious leaders.
The religious authorities in Malaysia have the power to crack down on practices they view as going against Islam, but Muslim law is selectively enforced and highly politicized. Many Malaysian Muslims own dogs, drink alcohol in public and have very westernized lifestyles.
Criticism of the dog event has led to a backlash by a small but vocal group of moderate Muslims in the country who view the strictures of the religious authorities as oppressive.
"All we are getting these days is how to hate an ever-growing list of people and things," Marina Mahathir, the daughter of a former prime minister and a leading liberal voice, wrote in a newspaper column published last week. "How much energy are we to spend on hate? And how does hating anything and everything make us happy and better Muslims?"
Mr. Syed Azmi, the pharmacist, said he thought he had his bases covered. Before the event, he contacted and received acknowledgment from the state religious authorities.
He also invited an Islamic scholar who showed Muslims how to conduct the ritual washing after they had touched the dogs.
"I expected it to be in the news, but not to the point where people would get so angry," said Mr. Syed Azmi, who is Muslim.


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The proliferation of multi-level regulatory systems poses challenges to effective enforcement of policy goals and legal rules when a multiplicity of actors is involved. This two-day colloquium aims to illuminate the diverse nature of these enforcement challenges in multi-level regulatory frameworks from different legal and academic disciplines.
The speakers will address the varied understanding of what constitutes enforcement in multilevel regulatory systems and discuss different approaches that exist in assessing the challenges arising out of diverse enforcement contexts.
The first day will be devoted to a Young Researchers Colloquium in which PhD students forming part of the DTU research program and selected external researchers will present their work. For more details on the call for papers click here. The second day will be a conference where experts in the field will discuss and exchange their views on the following topics:


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He looks amazing!!!!!
Hill, 33, recently said that he's working on getting in better shape after gaining weight for his 2016 movie War Dogs.
"I gained weight for this movie War Dogs, and then I wanted to get in better shape, so I called Channing Tatum, and said, 'Hey, if I ate less and go to a trainer, will I get in better shape?' And he said, 'Yes, you dumb m—f—, of course you will, it's the simplest thing in the entire world,'" Hill said on The Tonight Show with Jimmy Fallon.
Jonah previously lost around 18 kilos. in 2011, after deciding to change his habits.
"I was living like a frat guy," he told New York Magazine of his old beer-and-burgers diet. "Being healthier came along with maturity … I want to live a long time."


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Friday, Nov 24, 2017 09:58
The spotlight will be on business to business (B2B) collaboration opportunities in the agriculture-forestry and fisheries sector when the sector's biggest exhibition opens in Ha Noi next week.
The first ever Viet Nam International Exhibition on Machineries and Technologies of Agriculture, Forestry, Fishery (Growtech 2017) from November 30 to December 2 will be organised by the Ministries of Industry and Trade, Science and Technology and Agriculture and Rural Development.
For the first time in Viet Nam, farmers and fishermen will be able to participate in an international exhibition showcasing the latest technologies and innovations in agriculture, forestry and fisheries.
The exhibition will also seek to contribute to national development, enabling Viet Nam to remain among the top five agricultural-forestry and fisheries exporters and accelerate the sectors' growth rates, the organisers said.
The exhibition has attracted 150 companies from 10 nations and territories including Viet Nam, the UK, Italy, the Czech Republic, Israel, Indonesia, South Korea, Japan, and China who will set up 300 booths to display their products and solutions.
The exhibits will be divided into several categories like solutions and technologies supporting cultivation; machine system to build agriculture construction; greenhouse technologies; chemical and fertiliser manufacturing machinery; animal care equipment; storage technologies; cooling machinery; and wood processing machinery. — VNS
Shopee, the leading e-commerce platform in Southeast Asia and Taiwan, will make online shopping more engaging and social for everyone in the region, Chris Feng, its CEO, said.
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