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The definitive site on the web for New York Divorce and Family law.
Monday, April 16, 2012
Important New Decisions - April 16, 2012
Court of Appeals Rejects Husbands Argument That Intention to Equally Divide Marital Estate Was Frustrated Because Both Parties Operated under "Mistake" or Misconception as to Existence of a Legitimate Madoff Investment Account
In Simkin v Blank, --- N.E.2d ----, 2012 WL 1080295 (N.Y.) Plaintiff Steven Simkin (husband) and defendant Laura Blank (wife) married in 1973 and had two children. The Husband was a partner at a New York law firm and the wife, also an attorney, was employed by a university. After almost 30 years of marriage, the parties separated in 2002 and stipulated in 2004 that the cut-off date for determining the value of marital assets would be September 1, 2004. The parties, represented by counsel, spent two years negotiating a detailed 22-page settlement agreement, executed in June 2006. In August 2006, the settlement agreement was incorporated, but not merged, into the parties' final judgment of divorce. The settlement agreement set forth a comprehensive division of marital property. The Husband agreed to pay the wife $6,250,000 "[a]s and for an equitable distribution of property ... and in satisfaction of the Wife's support and marital property rights."In addition, wife retained title to a Manhattan apartment (subject to a $370,000 mortgage), an automobile, her retirement accounts and any "bank, brokerage and similar financial accounts in her name."Upon receipt of her distributive payment, the wife agreed to convey her interest in the Scarsdale marital residence to husband. The Husband received title to three automobiles and kept his retirement accounts, less $368,000 to equalize the value of the parties' retirement accounts. He also retained "bank, brokerage and similar financial accounts" that were in his name, two of which were specifically referenced-his capital account as a partner at the law firm and a Citibank account. The agreement also contained a number of mutual releases between the parties. Each party waived any interest in the other's law license and released or discharged any debts or further claims against the other. Although the agreement acknowledged that the property division was "fair and reasonable," it did not state that the parties intended an equal distribution or other designated percentage division of the marital estate. The only provision that explicitly contemplated an equal division was the reference to equalizing the values of the parties' retirement accounts. The parties further acknowledged that the settlement constituted: "an agreement between them with respect to any and all funds, assets or properties, both real and personal, including property in which either of them may have an equitable or beneficial interest wherever situated, now owned by the parties or either of them, or standing in their respective names or which may hereafter be acquired by either of them, and all other rights and obligations arising out of the marital relationship."
At the time the parties entered into the settlement, one of husband's unspecified brokerage accounts was maintained by Bernard L. Madoff Investment Securities (the Madoff account). According to husband, the parties believed the account was valued at $5.4 million as of September 1, 2004, the valuation date for marital assets. The Husband withdrew funds from this account to pay a portion of his distributive payment owed wife in 2006, and continued to invest in the account subsequent to the divorce. In December 2008, Bernard Madoff's colossal Ponzi scheme was publicly exposed and Madoff later pleaded guilty to federal securities fraud and related offenses. As a result of the disclosure of Madoff's fraud, in February 2009, about 2 ½ years after the divorce was finalized, the husband commenced an action against wife alleging two causes of action: (1) reformation of the settlement agreement predicated on a mutual mistake and (2) unjust enrichment. The amended complaint asserted that the settlement agreement was intended to accomplish an "approximately equal division of [the couple's] marital assets," including a 50-50 division of the Madoff account. To that end, the amended complaint stated that $2,700,000 of wife's $6,250,000 distributive payment represented her "share" of the Madoff account. The Husband alleged that the parties' intention to equally divide the marital estate was frustrated because both parties operated under the "mistake" or misconception as to the existence of a legitimate investment account with Madoff which, in fact, was revealed to be part of a fraudulent Ponzi scheme. The amended complaint admitted, however, that funds were previously " 'withdrawn' from the 'Account' " by husband and applied to his obligation to pay wife.
In his claim for reformation, the husband requested that the court "determine the couple's true assets with respect to the Madoff account" and alter the settlement terms to reflect an equal division of the actual value of the Madoff account. The second cause of action sought restitution from wife "in an amount to be determined at trial" based on her unjust enrichment arising from husband's payment of what the parties mistakenly believed to be wife's share of the Madoff account. Supreme Court granted the Wife's motion to dismiss the amended complaint. The Appellate Division, with two Justices dissenting, reversed and reinstated the action ( 80 AD3d 401 [1st Dept 2011] ).
The Court of Appeals observed that on a motion to dismiss under CPLR 3211, the pleading is to be given a liberal construction, the allegations contained within it are assumed to be true and the plaintiff is to be afforded every favorable inference. At the same time, however, "allegations consisting of bare legal conclusions as well as factual claims flatly contradicted by documentary evidence are not entitled to any such consideration" . Moreover, a claim predicated on mutual mistake must be pleaded with the requisite particularity necessitated under CPLR 3016(b). The Court, in an opinion by Judge Graffeo, noted that marital settlement agreements are judicially favored and are not to be easily set aside. Nevertheless, in the proper case, an agreement may be subject to rescission or reformation based on a mutual mistake by the parties. Similarly, a release of claims may be avoided due to mutual mistake. The mutual mistake must exist at the time the contract is entered into and must be substantial". Put differently, the mistake must be "so material that ... it goes to the foundation of the agreement". Court-ordered relief is therefore reserved only for "exceptional situations". The premise underlying the doctrine of mutual mistake is that "the agreement as expressed, in some material respect, does not represent the meeting of the minds of the parties". After reviewing Appellate mutual mistake cases in the context of marital settlement agreements the Court was of the view that the amended complaint failed to adequately state a cause of action based on mutual mistake. As an initial matter, the husband's claim that the alleged mutual mistake undermined the foundation of the settlement agreement, a precondition to relief under the Court's precedents, was belied by the terms of the agreement itself. The Court pointed out that in True v. True (63 AD3d 1145 [2d Dept 2009] ), the settlement agreement provided that the husband's stock awards from his employer would be "divided 50-50 in kind" and recited that 3,655 shares were available for division between the parties. After the wife redeemed her half of the shares, the husband learned that only 150 shares remained and brought an action to reform the agreement, arguing that the parties mistakenly specified the gross number of shares (3,655) rather than the net number that was actually available for distribution. The Second Department agreed and reformed the agreement to effectuate the parties' intent to divide the shares equally, holding that the husband had established "that the parties' use of 3,655 gross shares was a mutual mistake because it undermined their intent to divide the net shares available for division, 50-50 in kind" (id. at 1148). Unlike the settlement agreement in True that expressly incorporated a "50-50" division of a stated number of stock shares, the settlement agreement here, on its face, did not mention the Madoff account, much less evince an intent to divide the account in equal or other proportionate shares. To the contrary, the agreement provided that the $6,250,000 payment to wife was "in satisfaction of [her] support and marital property rights," along with her release of various claims and inheritance rights. Despite the fact that the agreement permitted husband to retain title to his "bank, brokerage and similar financial accounts" and enumerated two such accounts, his alleged $5.4 million Madoff investment account was neither identified nor valued. Given the extensive and carefully negotiated nature of the settlement agreement, the Court did not believe that this presented one of those "exceptional situations") warranting reformation or rescission of a divorce settlement after all marital assets have been distributed.
Even putting the language of the agreement aside, the core allegation underpinning the husband's mutual mistake claim, that the Madoff account was "nonexistent" when the parties executed their settlement agreement in June 2006, did not amount to a "material" mistake of fact as required by case law. The amended complaint contained an admission that husband was able to withdraw funds from the account in 2006 to partially pay his distributive payment to wife. Given that the mutual mistake must have existed at the time the agreement was executed in 2006 the fact the husband could no longer withdraw funds years later was not determinative. This situation, however sympathetic, was more akin to a marital asset that unexpectedly loses value after dissolution of a marriage; the asset had value at the time of the settlement but the purported value did not remain consistent. The Court found this case analogous to the Appellate Division precedents denying a spouse's attempt to reopen a settlement agreement based on post-divorce changes in asset valuation. The Court held that the husband's unjust enrichment claim likewise failed to state a cause of action. It is well settled that, where the parties executed a valid and enforceable written contract governing a particular subject matter, recovery on a theory of unjust enrichment for events arising out of that subject matter is ordinarily precluded. Accordingly, the order of the Appellate Division was reversed, the order of Supreme Court reinstated, and the certified question answered in the negative.
QDRO Based on a Stipulation Can Convey Only Those Rights to Which the Parties Stipulated as a Basis for the Judgment
In Gursky v Gursky, --- N.Y.S.2d ----, 2012 WL 1033543 (N.Y.A.D. 3 Dept.) after plaintiff commenced an action for divorce, the parties entered into a partial written stipulation in which they agreed upon the total present value of the marital portion of the defined benefits component of plaintiff's pension. They did not reach any agreement as to the division of this asset. Instead, they specifically reserved their rights with respect to its equitable distribution. When they appeared for trial, they entered into an oral stipulation in which they agreed that the pension "will be divided pursuant to the Majauskas [f]ormula" (Majauskas v. Majauskas, 61 N.Y.2d 481 [1984] ). The stipulation was incorporated but not merged into the judgment of divorce, and defendant then moved for an order directing entry of his proposed qualified domestic relations order. Plaintiff objected, arguing that the proposed order exceeded the terms of the parties' stipulation because it created a separate pension interest for defendant by providing that he could elect to receive payment from the pension plan when plaintiff reached the plan's early retirement age of 55, regardless of whether she had yet retired. Supreme Court rejected plaintiff's objections and granted the motion. The Appellate Division reversed and denied the motion. It observed that a qualified domestic relations order based on a stipulation "can convey only those rights to which the parties stipulated as a basis for the judgment" ( McCoy v. Feinman, 99 N.Y.2d 295, 304 [2002]). Where the language of the stipulation is unambiguous, the intent of the parties must be ascertained from within its four corners and the Court will not add language that the parties did not include. Here, there was no ambiguity. The parties agreed to divide the pension by applying the Majauskas formula. To interpret that agreement, Supreme Court was required to look to Majauskas, where the formula entitled the nonemployee spouse to receive a proportionate share of one half of each pension check received by the employee spouse, with the denominator of the fraction based on the length of the employee spouse's employment prior to his or her retirement. By invoking the Majauskas formula, without more, the parties stipulated that distribution of the pension would take effect upon plaintiff's retirement, as in Majauskas, resulting in a shared payment. Thus, Supreme Court's distribution of a separate pension interest to defendant prior to plaintiff's retirement improperly expanded the terms of the parties' stipulation.
Wife Did Not Waive Right to Challenge Husband's Claims Regarding Income Because She Signed Joint Tax Returns That Listed His Annual Income.
In Harrington v Harrington, --- N.Y.S.2d ----, 2012 WL 1033451 (N.Y.A.D. 3 Dept.) Plaintiff (husband) and defendant (wife) were married in 1991 and had two children (born in 1989 and 1991). The husband was a self-employed contractor who operated his own construction business while the wife, who was permanently disabled, devoted herself to the care of the parties' children and was not otherwise employed. The husband commenced this action for a divorce in December 2008. After a trial, Supreme Court granted the wife's counterclaim for divorce, distributed certain marital assets, and directed the husband to pay maintenance for 15 years and approximately $10,000 towards the wife's counsel fees. The Appellate Division affirmed. It rejected the husbands challenge to Supreme Court's decision to impute an additional $30,000 to the income he claimed to earn each year. The Appellate Division held that Supreme Court is not bound by representations made by a party in a matrimonial action regarding his or her annual income and may increase that figure where the record establishes, as it did here, that a party routinely paid "personal expenses from business accounts" and had access to other income to offset such expenses. In support of his claim regarding his annual income, the husband submitted tax returns for a four-year period beginning in 2005 in which he claimed annual adjusted gross income between $13,802 and $33,689. Supreme Court found, and the record established, that despite the husband's claims regarding his limited income, he paid, in addition to other expenses, $559 per month in child support and $2,000 each month to his girlfriend to live at her residence and for bookkeeping services she provided his contracting business. Also, the husband admitted using the business checking account for personal expenses and paying for numerous vacations he had taken with his girlfriend, plus $950 a month in rent for a residence in which he did not reside. This evidence provided ample support for Supreme Court's determination that additional income should be imputed to the husband to reflect an annual income of $60,000 per year. Supreme Court was not bound by a determination previously rendered by Family Court in a child support proceeding that his annual income was $30,000. Here, evidence was presented that the husband's claims in this regard were not accurate or credible, and provided a rational basis for Supreme Court's decision placing his annual income at $60,000. In addition, the wife did not waive her right to challenge the husband's claims regarding his annual income simply because she had previously signed joint tax returns that listed his annual income as $30,000.
Supreme Court conducted a hearing at which the wife's counsel testified to the legal services she provided during the course of these proceedings. Given the wife's need for these legal services, and the parties' respective financial conditions, the Appellate Division held that court did not abuse its discretion by directing the husband to contribute $9,816 to the payment of the legal expenses that the wife incurred in these proceedings. While the wife's counsel did not, as required, bill the wife every 60 days for her services, she did provide her with a copy of a retainer agreement, as well as a statement of client's rights and responsibilities pursuant to 22 NYCRR 1400.3. Counsel's failure to bill the wife for these services every 60 days was not a ground upon which the husband can rely to avoid paying a share of her legal expenses. The court noted that the action was commenced prior to the amendment to Domestic Relations Law 237(a) (see L 2010, ch 329, s 1 ).
Error in Failing to Afford Father Opportunity to Make Closing Statement Does Not Require Reversal Where Court Familiar with the Facts of Case and Parties' Arguments
In Matter of Bond v Bond, --- N.Y.S.2d ----, 2012 WL 1033469 (N.Y.A.D. 3 Dept.) Petitioner (father) and respondent (mother) were the parents of six children. The three youngest children, two daughters (born in 1994 and 1995) and a son (born in 2001), were the subject of the proceeding on appeal. In November 2004, the parties stipulated to a custody arrangement by which the mother had sole legal and primary physical custody of the three children, with extended alternate weekend visitation with the father. This agreement was later incorporated into a custody order in January 2005 and the judgment of divorce in March 2007. In April 2010, the father filed a petition for modification seeking joint legal and primary physical custody of the younger daughter and joint legal and shared physical custody of the son. Following trial, Family Court dismissed the petition on the ground that the father had failed to establish a sufficient change in circumstances. The Appellate Division affirmed. It observed that the father's petition alleged that the two younger children wished to spend more time with him, that the mother was verbally and physically abusive, and that the mother disappointed the younger daughter by failing to bring her to an out-of-state award ceremony. As the allegations of abuse were unsubstantiated and the children's preferences standing alone did not establish a sufficient change in circumstances, there was a sound and substantial basis in the record supporting Family Court's determination. The Appellate Division observed that the trial testimony and decision referenced events occurring prior to the existing custody order. As the father argued, relying upon those prior events would be improper in assessing whether there had been a change in circumstances. However, it did not find that the Courts analysis relied upon these extraneous references. It rejected that the father's contention that Family Court's error in failing to afford him the opportunity to make a closing statement required reversal (see CPLR 4016[a] ). At the conclusion of the fact-finding hearing, the father's counsel stated that he wished to make a short closing statement only if the mother did so, and the court indicated that arrangements would be made following the Lincoln hearing. The mother subsequently submitted a written closing statement; the father neither responded to this submission nor requested a further appearance, and more than four weeks passed before the decision was rendered. Considering these circumstances, and that the court was fully familiar with the facts of the case as well as the parties' arguments, no reversible error occurred (See Matter of Saggese v. Steinmetz, 83 A.D.3d 1144, 1145 [2011; Lohmiller v. Lohmiller, 140 A.D.2d 497, 498 [1988] ).
On Motion to Dismiss Family Offense Petition Pursuant to CPLR 3211(a) (7) Court Should Wade Through Allegations and Dismiss Only Those Which Do Not Sufficiently Allege Conduct That Constitutes a Family Offense
In Matter of Pamela N v Neil N, --- N.Y.S.2d ----, 2012 WL 1033487 (N.Y.A.D. 3 Dept.), Petitioner (mother) and respondent (father) were married in 2003 and had twins in 2005. The father was awarded custody by order of August 20, 2010. In December 2010, the mother filed two family offense petitions against the father, and filed a third such petition in February 2011, as well as a modification of custody petition. Family Court granted the father's motions to dismiss the two December 2010 family offense petitions, and also dismissed the custody petition given that a divorce action was then pending in Supreme Court. The court also dismissed the February 2011 family offense petition, on the father's motion, for failure to state a cause of action (CPLR 3211[a][7] ), without a hearing. The Appellate Division observed that presented with a motion to dismiss pursuant to CPLR 3211(a)(7), which is proper here in that family offense proceedings under Family Ct Act article 8 are civil in nature a court may freely consider affidavits submitted by the petitioner to remedy any defects in the petition, and the criterion is whether the proponent of the pleading has a cause of action, not whether he or she has stated one. ( Guggenheimer v. Ginzburg, 43 N.Y.2d at 275). A family offense proceeding is originated by filing a petition alleging that the respondent committed one of the enumerated offenses against, among others, a spouse, former spouse or child. In her pro se February 2011 petition, the mother checked all boxes on the petition form listing those enumerated offenses. Her attached affidavit and handwritten answers contained many conclusory, irrelevant, ambiguous and insufficiently specific allegations, including claims against individuals who were not "members of the same family or household". However, liberally construing the petition and giving it the benefit of every favorable inference (Leon v. Martinez, 84 N.Y.2d at 87-88), the Court found that while it was inartfully drafted, it adequately alleged, at the very least, that the father had stalked and harassed her. For example, the mother alleged in her affidavit that on November 23, 2008, the father came to her house while she had the children and threatened and harassed her, making excuses for his presence; he then called her three times that evening and continued to make excuses for coming to her house, leading her to file a domestic incident report with police the next day. These allegations described the type of conduct required to originate a family offense proceeding (Family Ct Act 821[1] ) in that they adequately allege, so as to survive a motion to dismiss for failure to state a cause of action (CPLR 3211 [a][7] ), that the father, acting with the requisite intent that is inferable from the alleged circumstances, engaged in a course of conduct which alarmed or seriously annoyed the mother, which served no legitimate purpose, thereby committing the offense of harassment in the second degree (Penal Law 240.26 [3]) Additionally, the allegations, if credited, were sufficient to allege that respondent committed the offense of stalking in the fourth degree (Penal Law 120.45[1], [2] ). The Appellate Division agreed with the mother and attorney for the children that Family Court should not have dismissed the petition in its entirety but, rather, should have waded through the myriad allegations and dismissed with specificity only those which did not sufficiently allege conduct that constituted harassment, stalking or any other act listed in Family Ct Act 821(1). The order granting respondent's motion to dismiss the February 18, 2011 petition was reversed, the motion denied and matter remitted to the Family Court for further proceedings not inconsistent with the Court's decision.
Family Court Lacks Subject Matter Jurisdiction to Enforce Purported Modification Agreement Not Incorporated into Judgment
In Hirsch v Schwartz, --- N.Y.S.2d ----, 2012 WL 1033520 (N.Y.A.D. 3 Dept.) Petitioner (mother) and respondent ( father) were divorced in 2009 and had two children from the marriage (born in 2001 and 2003). The parties' 2007 separation agreement, which required the father to pay 96% of all child-care expenses, was incorporated but not merged into their 2009 judgment of divorce. Shortly thereafter, the mother sent the father a letter offer which proposed a reduction of the father's child-care expenses from 96% to 75%. Although the father did not sign and return the letter offer he made at least two full reimbursement payments and several partial payments in the months that followed. The mother subsequently commenced this proceeding seeking to enforce the child support provisions of the judgment of divorce. In response, the father argued that the mother's letter offer served to modify his support obligations and that the terms of this subsequent agreement should be enforced. Following a trial, a Support Magistrate found that the letter offer constituted a valid modification of the parties' separation agreement that reduced the father's child-care expenses to 75%, and ordered arrears in the amount of $2,625.25. Upon the mother's written objections, Family Court concluded that the Support Magistrate lacked the authority to enforce the terms of the purported modification agreement and, therefore, the provisions in the judgment of divorce concerning the father's child-care obligations controlled. The Appellate Division affirmed. It observed that Family Court, as a court of limited jurisdiction, may only enforce or modify child support provisions contained in a valid court order or judgment ( Family Ct Act 422, 461[b][I]; 466; Matter of Johna M.S. v. Russell E.S., 10 NY3d 364, 366 [2008]; Matter of Brescia v. Fitts, 56 N.Y.2d 132, 139 [1982]; Kleila v. Kleila, 50 N.Y.2d 277, 282 [1980] ). Thus, even assuming that the mother's letter offer constituted a valid modification of the parties' separation agreement, Family Court did not have subject matter jurisdiction to enforce the amended agreement which stands as an independent contract between the parties .
Posted by Joel R. Brandes at 6:06 PM
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Note: This review originally appeared in the Illinois Entertainer back in 2006. The band has since released another effort; 2008's Everything's The Rush. Like You See Colours, it appears to be only available as an import.
Delays' follow-up to their 2004 critically-acclaimed debut Faded Seaside Glamour, was postponed a few times. You See Colors only recently hit UK stores, and it's still not available in America. A casual listen might mislead someone into thinking the band has ditched the baroque pop that attracted so much attention in the first place. But even on the trio of hard-pounding techno songs that open the CD, Delays are still working their melodic magic.
Colours features lead singer/guitarist Greg Gilbert's soaring vocals on catchy pop tunes like "Given Time" and "Sink Like A Stone," as well as on the harder-edged "Out Of Nowhere" and "Lillian." "Too Much In Your Life" uses a convoluted arrangement with cheery harmonies that should get those Hollies comparisons going again. The overdue You See Colours was worth the wait.

subset: commoncrawl


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The Phone Giants Still Rule
Despite the moaning over high share prices, AT&T and Verizon are terrific companies for investors.
Too bad there isn't a clever portmanteau word to meld the names of the nation's two biggest phone companies. Attizon or Veratt doesn't roll off the tongue or please the eye the way Wintel (of PC fame) does. As far as investors are concerned, though, AT&T (symbol T) and Verizon Communications (VZ) are joined at the hip. In most respects, they are more similar than different. Both get tons of complaints about service, but they've produced heroic results for their shareholders.
Lately, though, some analysts have been carping that the stocks have gotten too pricey because of frenzied buying by income-starved investors. Most brokerages rate the pair some version of "neutral." S&P Capital IQ recently had the audacity to slap a "strong sell" on Verizon, primarily due to valuation. S&P says to hold AT&T.
My View
Ignore the moaning over high share prices. Quality doesn't come cheap, and AT&T and Verizon are terrific companies that are well situated to cash in on the explosive growth of wireless communications. You can buy now and bank on solid long-term returns. If you've been a shareholder for ages, perhaps even since the breakup of the Bell System in 1984, don't hang up and stick yourself with a needless tax bill.
True, you might not make much for a while. Both stocks are near their 52-week highs. AT&T, at $38, sells for 15 times estimated 2012 earnings, and Verizon, at $44, trades for 16 times earnings (prices are through August 3). The overall market's price-earnings ratio is 13, so it shouldn't be a shock if the stocks sit still for the rest of 2012, unless we get an all-hands year-end rally. Meanwhile, you're paid well to wait: AT&T yields 4.7%, and Verizon yields 4.6%—better than the typical property-owning real estate trust, a rival for the affection of income seekers.
But there's more to Big Telephone than big dividends. If Verizon and AT&T are not immune to cutthroat competition and disruptive technological change, I don't know what is. They have brute marketing and financial force, technical know-how, the power to raise prices, and a limitless future. And they are overwhelmingly domestic enterprises, so problems in Europe and other places have little impact on their bottom lines. "The two are Darwinian victors and cannot be stopped," says Steven Osinski, who has worked in the wireless industry since the 1980s and teaches business at San Diego State University. Competitors such as Sprint and T-Mobile, which AT&T unsuccessfully tried to buy last year, are weak and getting weaker.
A few years ago, some analysts thought AT&T had an advantage because it had exclusive rights to Apple's iPhone. But now AT&T and Verizon both sell iPhones, as well as other devices. In other areas, the two are also as one. In June, Verizon Wireless overhauled its pricing so that you can pay one bill for all the services you access on multiple devices (Verizon Communications owns 55% of Verizon Wireless; Vodafone owns the rest). AT&T quickly announced a similar deal. Time will tell if consumers benefit, but both carriers will profit because the plans are designed to bolster data usage, which is potentially more lucrative than voice (see Smart Ways to Save on Smart-Phone Plans).
Bears think AT&T and Verizon shares will go the way of Intel and Microsoft and stagnate for a decade, maybe longer. They see the phone stocks once again trading at 10 times earnings or less. I'm not buying that. A single-digit P/E may have been appropriate for a slow-growing provider of landline phone service. But with each passing year, landline becomes a less significant part of the phone giants' business. In fact, the slow death of the traditional voice business helps them because it saves on service and construction costs. AT&T and Verizon aren't what they were a couple of years ago, let alone what they were in the last century. The pessimism toward their stocks is unjustified.
Kiplinger's Investing for Income will help you maximize your cash yield under any economic conditions. Subscribe now!


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Protecting the digital borders
We need to have all of the IT leaders in the country trained and cognizant of the information security challenges that face our businesses, our intellectual property and our infrastucture. As technology continues to evolve over the coming months and years, portions of the IT infrastructure are falling behind. Let's create a strategic training program and bundle a toolset to make infosec an issue that gets the attention... more »


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TMC's server is owned by TMC Internet and co-located at Telehouse in London's Docklands. As part of the modernisation activities being undertaken by our co-location partner Titan Internet, our server is to be moved to a new rack on Friday evening. Titan sent me this email:
As part of our ongoing modernisation of our Telehouse facility, it is
necessary to temporarily shut down your server on Friday the 28th of
July, from 10pm onwards. This is so that your server can be moved into
a new, high specification rack with improved ventilation and power
Due to the size of the project, there being some 28 servers to move plus
cabling, it is not possible to be more precise than 'after 10pm and
before 8am the next morning', however we hope that due to simple nature
of the move (no IP address changes) the work will be completed in far
less time. The last phase, consisting of over 22 servers, only resulted
in 3 hours downtime for customers!
Sorry for any inconvenience.


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July 28, 2016
Western Washington Real Estate Market Update
Posted in Market News and Western Washington Real Estate Market Update by Matthew Gardner, Chief Economist, Windermere Real Estate
Washington State continues to see strong employment growth, outpacing national numbers with an annual rate of more than 3%. Interestingly enough, despite these substantial job gains, the unemployment rate remains stubbornly high at 5.8%. However, I'm not overly concerned about this because it's largely due to a growing labor force rather than a declining job market.
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July 25, 2016
Seattle Seahawks and Windermere Real Estate Announce New Partnership
Posted in Seahawks by Shelley Rossi
The Seattle Seahawks and Windermere Real Estate announced today an exclusive partnership that will make Windermere the Official Real Estate Company of the Seattle Seahawks.
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July 20, 2016
Planning for the Future: Housing Options to Consider
Posted in Buying and Selling by Tara Sharp
It should come as no surprise that 75% of the senior citizens polled in the latest AARP Preferences survey strongly agreed with the statement, "What I'd like to do is stay in my current residence as long as possible." After all, home is where the heart is; and the longer you live in a place, the stronger your attachment to it becomes.
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July 19, 2016
The Timeless Appeal of the Equestrian Life
Posted in Living by KiamaLise Herres
It struck me, in the midst of a big bustling city where the only horses are the giant stone ones gracing the façades of old buildings and the few scattered cart horses pulling excited tourists through Central Park, that no matter who you are or where you live, the equestrian lifestyle has ubiquitous appeal.
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July 18, 2016
Refinancing: What you need to know
Posted in Living by Tara Sharp
Thanks to all-time-low interest rates, the number of homeowners refinancing their mortgages is at an all-time high. Of course, no one should refinance just because everyone else is doing it. But, for many homeowners, the benefits are simply too hard to ignore any longer.
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July 13, 2016
Windermere Foundation Quarterly Report
Posted in Windermere Foundation by Christine Wood
Thanks to your generous donations, the Windermere Foundation has collected nearly $818,000 in donations during the first half of 2016. This is an increase of 11 percent compared to this time last year!
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July 11, 2016
Will Rental Prices Continue to Escalate?
Posted in Economics 101 Videos and Market News by Matthew Gardner, Chief Economist, Windermere Real Estate
Over the last ten years, the U.S. has added more than nine million rental households, increasing demand on apartments throughout the country, escalating rental rates faster than wages. Windermere's Chief Economist, Matthew Gardner, shares his view on what to expect for future of rental prices and when long-term renters will start to buy.
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July 08, 2016
How the Neighborhood Impacts a Home's Value
Posted in Buying and Selling by Tara Sharp
The "estimated" home prices you see posted online can be off by tens of thousands of dollars—not because they are dishonest, but because the computer programs generating these guesstimates don't take into account the current condition of a house, the amenities that are included, the qualities of the surrounding neighborhood, and so much more.
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July 06, 2016
Should We be Concerned about Another Housing Bubble?
Posted in Economics 101 Videos and Market News by Matthew Gardner, Chief Economist, Windermere Real Estate
Over the last several years, many of the circumstances that triggered the previous housing bubble have changed. Windermere's Chief Economist, Matthew Gardner, breaks down how tax policy, bank regulations, interest rates, lending standards, and home equity have improved our ability to avoid another bubble.
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July 01, 2016
How will the 2016 Election Impact the Housing Market?
Posted in Economics 101 Videos and Market News by Matthew Gardner, Chief Economist, Windermere Real Estate
The 2016 presidential election will absolutely have an impact on the housing market and the U.S. Economy. What those impacts will be are dependent on who occupies the White House in 2017. Here what Windermere's Chief Economist, Matthew Gardner, has to say about the influence each presidential candidate may have on the market.
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Miami Jobs
Yes, Miami is a great spot to increase your melanin, learn how to roller blade in a bikini, and try off your best one-liners to get past a nightclub bouncer. But it's also a great location to distribute and produce. Miami serves as one of the largest production and distribution centers for film, television, commercial advertising, music, still photography and new media.
The greater film and entertainment sector is responsible for $2 billion of the Miami-Dade County local economy and employs roughly 15,000 people across its 3,000 companies.
In specifically production, Miami hosts about 1,000 film shoots annually, and generates roughly $150 million in revenue to the local economy. This year-to-date, $47 million has been spent in production dollars in Miami, across 250 productions registered with the Miami Film Commission.
True Lies, The Birdcage, Ride Along 2, Wild Things, Out of Sight, and There's Something About Mary were all executed in Miami, aka The Magic City.
Television is also no stranger to Miami. The following shows were shot on location in Miami:
- Miami Vice (NBC)
- Burn Notice (USA)
- Magic City (Starz)
- CSI: Miami (CBS)
- MTV's Video Music Awards (MTV)
- South Beach (Hulu)
- Miami Animal Cops (Animal Planet)
- Dexter (Showtime)
- Miami Ink (Discovery)
- Kourtney and Kim Take Miami (E!)
- Nip/Tuck (FX)
- Gentle Ben (CBS)
- Flipper (NBC)
- The Real World (MTV)
- Road Rules (MTV)
- Latin Grammy's (CNN)
In the late '90s, Spanish-language television began to proliferate in South Florida and that field continues to grow. Telemundo (now owned by parent company Comcast) and Venevision are both headquartered in South Florida. Univision has content creation facilities in Miami working in tandem with its headquarters in New York and office in Los Angeles.
The average salary range for an employee at Telemundo is $50-90K and employs a workforce of 83% females.
Univision's salary range is a bit wider, roughly $25K-$95K and employs about 62% men and 38% women, according to PayScale.com. Given that the Latino community is the fastest growing minority group in the U.S., this sector of entertainment is only going to get bigger and bigger. This can only mean future job growth for Spanish-language content and for the predominant locale that houses its biggest players.
The types of hot jobs we find in Miami can range from local production jobs (for those shows that shoot on location) to international distribution jobs, i.e., sales, development and marketing. Miami is a hub for many large broadcasters and cable companies, including independent production companies to have an international arm which deals with program and content distribution globally. Being bi-lingual in Spanish or other languages is a BIG plus when it comes to landing jobs in the international distribution and content development field. You will interact with counterparts around the world buying and selling program content and knowing how to negotiate contracts, understand pricing models and the in/outs of production costs, timelines and "what sells" are great assets to have if you are looking for work in this dynamic and exciting area.
Although Miami is a "hub" for these types of positions the growth opportunities can be limited. Many of the other international distribution arms are based either abroad or in the larger markets like NY and LA. Pay scales in Miami can be challenging as the local market has seen an increase of jobs and in pay for some of these highly sought after jobs. After all, many of the top talent needs to be recruited to Miami from NY, LA or Chicago so the pay, benefits and relocation package, if offered needs to be attractive as well, further increasing the pay scale in the Miami market. This does not mean that you have to take a pay cut to live and work in Miami but it does set you up for some exciting new opportunities when and if you choose to make Miami more than just a destination place and add it to your list of locations to consider for employment opportunities.
Along with breaking ground with Spanish-language television, Miami also is a big destination for Spanish-language music labels. Sony, BMI and EMI are all located in Miami or in the surrounding area.
Telemundo locally broadcasts the Billboard Latin Music Awards, the longest-running and most heralded show in the Latin music world. This year DishLATINO partnered up with the Billboard Latin Music Awards which broadcasted to 5.5 million viewers and was a worldwide trending topic across the biggest social media platforms.
You do not have to be abroad to work in the international market of entertainment. Miami places you in a hub of entertainment with a large focus on a part of the industry that is only growing. Forbes ranked Miami the No. 1 happiest place to work, factoring in: work-life balance, employee and employer relationships, general work environment, compensation, opportunities for advancement, company culture and resources. The beach almost got its own category.
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Ya know in this day and age when things are so final it's nice to see Danny Boyle keeping things loose when it comes to the question of if "28 Months Later" will happen. According to Boyle there's a 40/60 chance that the film will happen. He also said that he doesn't like zombie movies. He also kind of sounds like a prick. So that's all confirmed now.
The much discussed anthology flick "The ABC's of Death" will finally find its way onto DVD and Blu-Ray on May 21st. For those of you who are jerks and didn't listen to our podcast on the film, it's 26 different shorts each showing one special way to die for every letter in the alphabet. I have no idea why you wouldn't want to listen to the podcast though. Think of my hilarious comments but in sound form. I'm almost jealous that you actually get to hear me and I just have to be me.
The post for Bobcat Goldthwait upcoming found footage flick "Willow Creek" has hit the nets and it looks pretty sweet. It's got all kind of bigfoot action and at first I was disapointed to find out that it has nothing to do with the monster truck but then I got over it. Then I ate some graham crackers.
XLrator Media has picked up the U.S. distribution rights to "The Banshee Chapter", a new 3D flick from first time writer/director Blair Erickson. The film follows a young journalist searching for her friend who has been experimenting with mind-altering drugs in a secret government test. The story is supposedly based on real witness testimonies and is 100% bullcrap and shouldn't be trusted. I don't want to believe.
A trailer for Danny Boyle's "Frankenstein" has made its way online and from the name I'm guessing it a retelling of the classic story but from the video I have no clue what the hell is going on. I would think you can't call a movie "Frankenstein" and then have it be about to star crossed lovers who find each other in the middle of an amusement park but what the hell do I know.
A new trailer for "Source Code", which I had no idea about but Duncan Jones made it and he made "Moon" so now I'm excited, has hit the tubes and it's your civic duty to watch it. I'm not even sure how to explain it because the description sounds fake but I think there's something about Jake Gyllenhaal trying to stop a bomb from going off, or a web site from crashing, probably the first one though.
You like the Ha-Ha yes? Good, if you said no I was going to ask you to get the hell of my lawn. But since you do here's the new trailer for "Paul" which stars Simon Pegg and Nick Frost as a couple of comic book geeks who come across an alien during a road trip. I swear you better like the Ha-Ha.
Flesh eating acid, a killer High School Mascot and a bunch of kids stuck in a school? Sign me up folks! Here's the trailer for the new flick from "Gutterballs" director Ryan Nicholson titled "Famine". Just so we're clear I don't want those things to happen to me, I just want to see a movie with it. Don't show up to my house dressed as a Spartan looking to murder me or anything.
Danny Boyle is supposedly being courted to direct a new werewolf flick set int LA called "Sharp Teeth". I assume this is because werewolves have teeth that are sharp and they will present them in a menacing fashion in the movie. That's the best I got folks, the Superbowl was last night, it's a slow day.
The producers who brought you "Twilight" have already picked up a new book trilogy called "Legend". The series will follow a young bugger called Day and his happenings as the country's most wanted criminal. It will also be a series of really awful films. Get excited.
All the world is giddy over the trailer for Steven Spielberg and JJ Abrams's "Super 8" that showed last night at the Super Bowl despite that fact that I have no idea what the hell is going on in it. I think there might be aliens who hate trains or cameras or I have no freakin clue. I can't wait for this one.
A new poster and synopsis for Paul Schrader's "The Jesuit" is now online and I have to admit I was way more excited about this one when I thought this was made by the guy who leads David Letterman's band. It does however feature Willem Dafoe, Paz Vega, Michelle Rodriguez and child kidnapping. So that's something to get excited about.
Despite every fiber in my tiny brain telling me otherwise "Sucker Punch" is in no way a Skin-emax flick. Yes it is about a bunch of half naked women trapped in a prison but I guess that's where the similarities end. Anyway there's a new giant poster for it out and it's full of everything I said and more. I'm so confused.
"Ghost Adventures" sounds like possibly the worst show ever imagined but this Friday's might not be so awful. Kane Hodder, R.A. Mihailoff and Rick McCallum all join the team this week as they hunt for ghosts or look for bigfoot or some crap. I have no clue but there's a trailer for the episode you should watch it and get back to me.
Neve Campbell, don't think making out with Denise Richards could make up for all those Scream movies... or the trailer for the new indie flick "The Glass Man" which focuses on a couple who's all happy and stuff and then isn't for some reason. That's all I really got out of the trailer.
Danny Boyle kind of looks like the asshole guy from "Happy Gilmore" doesn't he? That has nothing to do with the fact that he recently confirmed he's got a "good idea" for "28 Months Later" but I still think it's important to point out. You're welcome.


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Miso and Sweet Chili Linguini and Shrimp Infused with Saffron Olive Oil
Life is so much happy fun-ness right now. I'm surrounded by such good company all of the time, and MY BOOK HAS BEEN RELEASED ON AMAZON!!!! I'm happier than an fat kid in a candy store. It makes me wish someone would talk nerdy to me…but wait…I do that to myself…
[yes I talk to myself]
As for this weeks recipe, we have a bit of thai and italian fusion going on here. I know the recipe l
ooks a little crazy, but it tastes soooooo damn delicious. Special shout out to budding culinary artist Jordan Langlinais for sous cheffing for me this week. The recipe post inculdes some shots of us in action.
Enjoy your week!
Oh, and if you don't go buy my book right now, my little sis is waiting for ya!
Miso and Sweet Chili Linguini and Shrimp Infused with Saffron Olive Oil
For the Linguini and Shrimp
- 2 garlic cloves, minced
- Juice and Zest of one Lemon
- 2 tablespoons Saffron Olive Oil (recipe follows)
- 1 package frozen Vegetarian Plus Vegan Shrimp with Sweet Chili Sauce, thawed
- 1 12 oz package Linguini Noodles
- 4 quarts Water
- 2 teaspoons Salt
- Additional 2 tablespoons of Saffron Olive Oil
- 2 tablespoons Vegan Margarine
- 1 large Onion, slice lengthwise
- Additional 4 cloves of garlic, minced
- 1/4 cup Mellow White Miso Paste
- The package of Sweet Chili Sauce from the package of frozen Vegan Shrimp (about 1/4 cup)
- 1/4 cup No Chicken Broth
- 1/2 teaspoon Freshly Cracked Black Peppper
- 1/2 cup chopped fresh Basil
- 2 tablespoons minced Basil, for garnish
- 4 Lemon Twists, for garnish
For the Saffron Olive Oil
- 1 tsp loosely packed toasted Saffron Threads
- 1/2 cup Extra Virgin Olive Oil
- 1 tsp Kosher Salt
Place the saffron threads in a spice grinder or coffee grinder and turn into a powder.
In a small bowl, combine the olive oil and salt. Add in the powdered saffron, then whisk to mix completely. Transfer the oil to a small container, and allow it to sit for at least 1/2 hour.
Keeps covered in the refrigerator for up to 1 week.
Take a large zip lock bag, and place the first 2 cloves of garlic, lemon juice and zest, and the first two tablespoons of saffron olive oil inside of it. Add in the thawed vegan shrimp, then seal the bag and rub the marinade into the vegan shrimp. Allow the vegan shrimp to marinate in the bag for 30 minutes.
Heat a skillet over high heat, then quick fry the shrimp until slightly charred on the outside, about 10-12 minutes.
In a large pot, combine the water and salt. Bring the pot of salted water to a rolling boil over high heat, then slowly add the linguini and return to a boil. Boil until just al Dente, about 10-12 minutes. Drain well.
In a large saute pan, melt the vegan margarine with the rest of the saffron olive oil over medium heat. Add the onion, and saute until translucent. Add in the remaining 4 cloves of garlic, miso paste, packet of sweet chili sauce and no chicken broth. Slowly bring to a boil, then reduce heat and simmer for about 10 minutes.
Increase the heat to medium. Add in the vegan shrimp and 1/2 cup of chopped basil, and simmer about 2-3 minutes until the vegan shrimp are heated through. Remove from heat.
To serve, place about a quarter of the linguini on a plate. Top with 1/4 of the vegan shrimp and sauce, then garnish with the minced basil and a lemon twist.


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After months of speculation, including stories that it was dead in the water after appalling user feedback in trials, Facebook began rolling out its auto-play video ad format in US News Feeds last week.
The format is simple. As users scroll through their feeds on mobile or desktop, video content from brands will start to play automatically without sound. If a video is tapped or clicked to play in full screen, sound will begin. The ad stops playing if users scroll past.
Called "Premium Video Ads", users in the UK "can expect to begin seeing these new ads over the next few months", according to a spokesman. Susan Buckner, the product marketing manager at Facebook, said the goal is to make the ads "as good as other content people see in their News Feeds".
Once the film has played, users will have the option to view two additional videos from the same advertiser. The latest development is part of a growing advertising arsenal Facebook is offering to marketers, who have been able to embed videos in their own sponsored page posts for years. The ambition is clear: to tap into larger media budgets, perhaps even those previously earmarked for TV.
Facebook is keen to stress the new video format will be objectively measured against "performance indicators" and "tailored to the Facebook environment". It will be bought based on targeted gross rating points to reach a specific audience over a short period of time – a shot in the arm for marketers looking to make a large-scale impact.
Not everyone is convinced. Jonathan Lovatt-Young, the head of service and experience design at Tribal Worldwide, fears it could lead to "video blindness" in much the same way users now ignore mid-page unit and skyscraper ads, or simply exacerbate the rise of ad-blockers developed specifically for Facebook.
Lovatt-Young highlights the need for brands to invest in creating video that has genuine interest to users and has been produced with the silent auto-play format in mind. He warns: "Cheap repurposing of existing content won't cut it."
So, a fine line from the outset. But will the video ads be welcomed by brands?
YES Jonathan Lovatt-Young, head of experience design, Tribal Worldwide "Yes. But will it be attractive for users? No. In every research study, auto-play and other non-user-invoked elements always get the same response: 'I hate it when these things just have a mind of their own."
YES Carl Read, head of digital, OMD "This is a welcome addition. It's a natural evolution as TV, social and video converge and presents an opportunity for brands to talk to Facebook's users in a very different way. But brands will need to make those 15 seconds count."
YES Ben Wood, global president, iProspect "I like the look of the product – there's room for innovation and creative use of the format. The unit can offer compelling storytelling to a broad audience in one day. If advertisers set the creative bar high, performance will be great."
YES Henry Arkell, group social advertising director, Manning Gottlieb OMD "The new format is really interesting. Whether limitations around video length and the inability to apply Facebook's more advanced targeting put some advertisers off, though, remains to be seen."


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Julia Antonick and Jonathan Meyer
Initially in our collaboration we focused on two things. First was how we worked together—establishing a baseline of communication and process. The second was on generating material—creating a palette in common.
Initially in our collaboration we focused on two things. First was how we worked together—establishing a baseline of communication and process. The second was on generating material—creating a palette in common.
As cities and communities make plans for economic development and poverty alleviation in the aftermath of the Great Recession, there is growing interest in how public and private investments in the arts and cultural initiatives can develop human capital, promote economic development, and create vibrant communities, especially in low-wealth areas.
TimeLine Theatre Company has a problem: more people want to see their productions than they can accommodate in their current venue. While no one's complaining, it raises a lot of serious questions. How does one continue to grow when space is limited?
Artists and curators spend a great deal of time obsessing over the various relationships between the artwork, the audience, and the artist. They mull over questions like: Does the exhibition enhance or diminish the meaning of the artwork?
How and why was Audience Architects conceived? Who does it reach?
Audience Architects (AA) is a dance service organization whose mission is to build new and broader audiences for Chicago-area dance
Founded in 2010, Harvest Chicago Contemporary Dance Festival is an annual weekend of performance that celebrates the work of practicing contemporary dance artists and companies. CAR Dance Researcher Meida McNeal spoke with producers Nicole Gifford and Melissa Mallinson about the origins of the festival
If you go the the theatre much in Chicago, there's a good chance you've experienced the compositions and sound designs of Chistopher Kriz. Sound designers are often unacknowledged in theatre reviews, but if you pay attention to the design credits, you'll see Christopher's name all over the place.
Jeremy Lemos has established himself as a genuine creative force in both music-making, concert sound and recording over the last decade and more. He speaks with CAR Music Researcher Bill MacKay about the importance of doing quality work, making connections naturally, finding your voice as an artist, and following your instincts in pursuing your art practice.
The short answer of why I started Anobium, an independent publishing venture, is because I was anxious. Anxiety is a predecessor to boredom, and I wasn't ready to give up so easily as that. It was the fall of 2010.
Studio visits. Most curators would agree that the opportunity to engage with artists in their studios is a core reason we do what we do. I tend to arrive at them after a long day at work—I am often tired, hungry, and thinking a little too much about getting home and catching up with the Real Housewives.
"Writing is, for the most part, laborious and slow. The mind travels faster than the pen; consequently, writing becomes a question of learning to take occasional wing shots, bringing down the bird of thought as it flashes by.
My motivation for creating Expressions From Englewood came in part from the late griot, singer, and entertainer Oscar Brown, Jr. In 1982, Mr. Brown looked at Chicago's Cabrini-Green Housing Development, stepped inside, and saw what very few people, if any, knew existed: true talent just waiting to be explored.
In 2011, the critically acclaimed Silk Road Theatre Project reinvented itself as Silk Road Rising, expanding its mission to include the production of online "video dramas" along with its live theater performances. Artistic Director Jamil Khoury discusses the new mission, the reasons for the change, and the challenges of rebranding a successful theater company.
Sid Yiddish has been involved in the arts in Chicago and elsewhere for decades and is truly a modern day renaissance man. His involvement extends from music and poetry to performance art and painting, from theatre to film and so on.
I once overheard an artist say, "I'm going to die if I don't get a review!" Although art criticism is not normally the type of journalism that places lives on the line, it can sometimes feel like total failure if, after so much labor and effort, an exhibition goes entirely unacknowledged.
In the middle of November 2009, my friend Leslie Perrine called me and asked what I was doing the following weekend. She and three friends had reserved a table at the Milwaukee Zine Fest, but one of them had bailed. Would I be interested in the vacant spot?
Dance Films Kino is a three-week project that I am presenting as an artist in residence at Hyde Park Art Center,
from March 4th to 25th, 2012. Over three weeks, I will present 30 works
of dance on film, as well as more than a dozen live music and dance
performances and literary readings.
The words "audit" and "IRS" can strike terror in the hearts of many Americans, individuals and business owners alike. It's hard not to have visions of a monstrous institution filled with agents dressed like characters in a Dick Tracy comic, waiting in rooms with interrogation lamps and you with your box of crumpled receipts.
Henry Godinez, Associate Professor at Northwestern University, Resident Artistic Associate at the Goodman Theatre, and co-founder of Teatro Vista, has successfully negotiated several artistic collaborations over the course of his career.
I have gotten into a lot of trouble with fellow artists for giving my work away: it demeans their own work's financial value, lowers expectations of payment and creates a cultural attitude that artists should work for free. Unfortunately, these arguments are all too valid.


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Re: Chapter 1 ~ First Impressions
Posted: Wed Jan 09, 2013 6:17 pm
Hi Edwards Ragazza! Yes, I'm re-reading the series as I got the graphic novels for Christmas. Thougt I'd challenge myself to read the novels with the graphic novels as a companion and when I saw these questions, I couldn't help myself. Twilight triple threat it's really interesting to read other people's opinions. I absolutely agree with your first thoughts of Renee!
[ Post made via Mobile Device ]
[ Post made via Mobile Device ]


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This year's fall movie preview reveals such a strong list of films that even the staunchest couch potato should brave the lines on opening night.
It's looking like a hot one for fall movie preview fans. So get off the sofa (set your DVR for the shows you'll miss, as the TV lineup is looking pretty spectacular, too) and head to the cineplex. This is one film season when a bucket of popcorn and a plush velvet seat is the only way to go. The movies are so good in fact that I might even go buck wild and brave the crowds on opening nights. See you in line, movie buffs.
The Disappearance Of Eleanor Rigby: Them
A troubled young couple (Jessica Chastain and James McAvoy) are going through a split, and emotions are frayed. The film is a look at their divorce through his-and-hers points of view–in fact, the movie was originally shot as two completely separate movies, Him and Her. Rumor has it that the original two movies will be available at a later date–stay tuned!
Gone Girl
Liked it or loved it, Gone Girl's wild twists and turns made this the page-turner of the year–even if the last surprise didn't sit well with you. Well, they've taken that out (aargh!) but have promised to have done it in a way that even fans of the book will be in for a shock. Ben Affleck stars as the man on the hook for his wife's disappearance, and Tyler Perry has a standout role as his attorney.
The Hunger Games: Mockingjay Part 1
No one wants this series to end—so much so that they've split the intense third Hunger Games novel into two parts for its film adaptation. Philip Seymour Hoffman posthumously resumes his role as Plutarch Heavensbee, and one of my favorites, Julianne Moore, debuts as President Coin. Of course, star Jennifer Lawrence is back in the role that catapulted her to worldwide fame, heroine Katniss Everdeen.
The Imitation Game
This intense, character-driven drama dives into the mind of genius Alan Turing, played by Benedict Cumberbatch. With Keira Knightley by his side in the lab, this code-cracking scientist helps the Allies win World War II.
This Is Where I Leave You
You've probably seen the commercials on TV for this charming ensemble cast. They worked—I'm hooked! Jane Fonda as a mom with no boundaries? Tina Fey and Jason Bateman (loved him in Bad Words) as two of her kids? See you in the popcorn


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Bulgaria and Turkey Concerts CANCELLED
Jamiroquai have been forced to cancel the concerts being held in Bulgaria (24th) and Turkey (26th) because Jay has severly sprained his right ankle. The next concert scheduled is 2nd July in Romania.
To see the damage to Jay's ankle please visit jamiroquai.com.
Source: funkin.com


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OTTAWA - Smokers who get their fix from Canadian tobacco retailers can no longer avoid Ottawa's latest in-your-face effort to convince them to quit.
Health Minister Leona Aglukkaq says as of today, packages of cigarettes and little cigars sold in Canada must carry large, dramatic anti-smoking images and messages.
The new labelling, which covers 75 per cent of cigarette packages, includes graphic pictures of a cancer-infected mouth and of an emaciated, cancer-stricken Barb Tarbox.
Tarbox was an anti-smoking activist before dying of lung cancer at the age of 42, and her story - among others - is featured in the new packaging.
Statistics Canada says that in 2011, one in five Canadians aged 12 and older - nearly 5.8 million people - smoked on an occasional or a daily basis, down from 25.9 per cent in 2001.
A Canada-wide "quitline" and website address also figure prominently on the new packs, which Aglukkaq says are part of an ongoing federal effort to inform Canadians, particularly young people, about the perils of tobacco use.


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Contact the yacht broker to receive more information or schedule a showing of this yacht for sale in today!
Detailed information
The hull is of single skin construction built in a female mould using glass/aramid hybrid fibre reinforced vinylester laminate with local carbon fibre reinforcements. Structural bulkheads are of Nomex honeycomb cored carbon fibre epoxy pre-preg construction and laminated to hull and deck. Stiffener flanges are unidirectional carbon lay-ups.
- Hull Gelcoat Blue NGA 7344
- Boat top, cove stripe and coaming stripe in
- White Gelcoat NGA 2000
- Hydraulically controlled transom door/bathing platform with teak surface.
- High performance racing keel
Steering System
- Lightweight aluminium steering quadrant bolted to rudderstock.
- Two 120cm 'Destroyer' type carbon wheels with laminated teak rims.
- Pedestals with roller bearings and friction brake.
- Emergency tiller stowed in lazarette.
- Dual steering gear, sheaves provided with guards to prevent jamming.
- Carbon/epoxy rudder blade with hollow carbon rudderstock supported by two self-aligning bearings
- 2017 improvements: new teak and cockpit repainted.
- Main deck is of carbon fibre pre-preg sandwich construction with Nomex honeycomb core and glued to hull.
Deck Equipment
- Versari Delmonte pop-up farileads and cleats
- 60 Lbs CQR anchor on folding carbon anchor arm to store in bow locker. 85m chain
- Deck shower on swim platform
- Folding ladders to access swim platform and for boarding
- Removable Inox grabrails for foredeck
- Varnished cockpit table with teak veneer
- Antigua Sails sun awning
- Spray hood and folding bimini for center and aft cockpit
- Foot stands at helm in aft cockpit
- Flush hatches all supported by gas rams
- 2x Gas bottles
- Canvas protection and covers for entire boat
- 2x Lewmar 88/3 CST primary winches powered by removable center cockpit grinding pedestal
- 4x Lewmar 77/3 CEST secondary & Mainsheet winches(electric)
- 3x Lewmar 64/2 CST Halyard/pit winches,
- 1x Lewmar 64/2 CEST Halyard winch (electric)
- All halyards led below deck to winches via Spinlock clutches
- Lewmar 3000 windlass in anchor locker with remote control and chain counter mounted in cockpit
Sailing Hardware all Harken
- Staysail tracks with adjustable cars
- Genoa tracks adjustable cars
- Spinaker pole track and inboard car system
- Screw in padeye blocks for foreguy, spinnaker tackline
- Mainsheet system
All visible teak in hand polished teak veneer, floorboards in lightweight sandwich with teak veneer, overhead removable panels in Ultraleather HP 3599 'Almond'
Owners Cabin
- One double berth to port and one single berth to starboard, hanging lockers in center forward and on starboard side. Writing desk in center aft with TV/DVD/stereo behind sliding door. Safe in hidden location
- Ensuite head with shower, wash basin, mirrors, storage lockers and Tecma WC
Starboard aft cabin
- Fixed and extendable lower berth, folding upper Pullmann berth
- Hanging locker storage aft. Alpine TV/DVD player connected to Sony Playstation II. B&G FFD display
- Ensuite head that doubles as day head. Contains Marine WC, shower, sink, storage lockers and mirror
Gimballed Alpes Inox oven with four gas burners, extractor hood with light, stainless steel sinks garbage container, 200 liter refrigerators and 200 liter freezer. Work surfaces in Corian Cameo White. Microwave oven with electrc grill, Miele dishwasher
All interior cushions upholstered in Cream leather, L-shaped settee to port around teak veneered extendable table. Bookshelves outboard to port, storage area behind and below seats. TV/DVD/Stereo behind sliding doors on starboard side.
Forward Port Cabins
- Double berth below and folding single Pullman berth above.
- Extendable lower bunks can be converted to singles or doubles
Crew Cabin
- Fixed upper and lower berths to port
- Washbasin to starboard
- Cummins 4BT3.9 M-HX 130 Hp at 2500 RPM with 3-blade Gori folding overdrive propeller
- Engine was completely rebuilt in 2011
- Reverso oil change pump connected to both engines
Refrigeration Systems
- Two Iceberg refrigeration compressors, one is powered through inverter
- Raritan Ice Maker in saloon
Plumbing Systems
- Seafresh watermaker H2012A 220 L/H
Ventilation System
- Condaria 9002 central air conditioning plant with individual fan coils in each cabin
- Forced air ventilation system
DC System
Service battery bank 720 Ah 24V maintenance free gel cell type
- Radio/Entertainment battery bank 240 Ah 24V gel cell
- Engine Starting battery 135 Ah 24V charged by independent alternator on engine
- Generator starting battery 90Ah 12V charged by independent alternator on engine
- Battery parallel switch for service/engine batteries
AC System
- 230V 50A Shore power with polarity alarm main switch and cable
- Kohler 13KvA genset – 29 hours on 15th March 2016
- 150 amp alternator on main engine for charging service batteries
- Mastervolt battery chargers 24V 100A
- Mastervolt battery charter 24V 50A
- Mastervolt Inverter 24/2500
- Mastervolt Inverter 24/1500
Navigation Instruments
- B&G Hercules Racing Pack including:
- Remote Commander wireless remote control for all B&G functions including autopilot
- 8x additional FFD displays
- 4x 20/20 on mast
- 2x Analogue wind indicators
- 2x Magnified wind indicators (analogue)
- Simrad GPS at nav station
- Seabook 15" screen at nav station
- Raymarine RL70 chartplotter/MARPA radar in cockpit
- Raymarine RL80 cartplotter/MARPA radar at nav station
- 2x Suunto 135 mm magnetic compasses on steering pedestels
- Quartz clock at chart table
- B&G Autopilot
Communications Systems
- KVH Fleet 33 satellite communications system for telephone, fax and MPDS internet
- 3G card reader installed on main computer
- Panasonic PABX telephone interchange to operate GSM, Satellite or shore telephone lines through boat system
- Wireless Brother fax/printer/scanner, usable from any computer on board
- One VHF installed at Nav station and a second installed in aft cockpit
- Navtex receiver and LCD display
- Telephone inlet
Entertainment Systems
- Bose Home entertainment system 3.2.1 installed in aft cabin and saloon
- Pioneer Radio/CD/Mp3 linked to four speakers in cockpit, remote control included
- Samsung Synchmaster 241 MP flatscreen in saloon
- Samsung Synchmaster 171 MP flat screen in aft cabin
- Alpine fold-down DVD/TV fitted in Stbd aft cabin
- Sony Playstation II
- Four spreader white painted carbon rig from Offshore Spars with Navtec rod rigging
- Rectangular carbon boom
- Aramid backstay, inner forestay and runner cables
- One carbon Offshore Spars spinnaker pole for cruising with deck fittings
- One carbon Formula Spars spinnaker pole for racing
- Carbon jockey pole with deck fittings
- Adjustable lazy jacks
- Navtec hydraulic system powering Vang, outhaul, jib halyard, inner forestay, backstay
- Hydraulic furling forestay Reckman RF-90-3, controls in aft cockpit
- Navtec racing forestay with tuffluff
- Sail cover
- Foghorn on mast
General Equipment
- Full set of maintenance and owners manuals
- Flag pole
- Multiplex folding carbon fiber gangway
- 8x Fenders with covers
- Cockpit cushions
- Extensive spare parts
- Docklines
Safety Equipment
- Zodiac 4.5 metre inflatable with 25 Hp outboard
- Full MCA safety equipment for 12 people
- Laminated Carbon/Kevlar Mainsail with taffeta scrim Quantum Fusion 2007
- 110% furling headsail 3DL Marathon North 2003
- Storm jib, Dacron North 2003
- Code 2, 1.5 Oz Nylon Gennaker with sock and bucket North 2003
- VMG Gennaker 0.75 with sock North 2003
- Spectra storm staysail Quantum 2006
- Race Main with one reef point Quantum 2006
- Light Medium Jib North 3DL 2003
- Medium Heavy Jib North 3DL 2003
- Jib #3 North 3DL 2003
- Jib #4 Quantum Fusion 2003
- Code Zero with Facnor furler Quantum 2006
- R4 Quantum 2006
- R2 Quantum 2006
- A2 Quantum 2007
- A1 Quantum 2007
- 2 x Rip/zip socks Quantum 2007
Listing Marketed by
Mediterranean Yacht Management sarl
Le Beau Rivage
9, avenue d'Ostende


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"The room rates listed are for double occupancy per room unless otherwise stated and exclude tax recovery charges and service fees. See FAQs for more details. "
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The Sherry-Netherland hotel has an elegant luxury at its finest. It offers, one of the high-class Upper East Side to it's guests, a palatial experience with its high ceilings, large bathrooms, high-end shops and contemporary, art-filled rooms. It's customers particularly compliment this boutique's stylish accommodations, filled with large marble baths, complimentary morning newspapers and free Wi-Fi access. A few visitors lament that standard guest rooms lack kitchenettes (those are only available in suites). Still, most report an excellent stay overall thanks to the hotel's refined setting, superb location and delectable cuisine and cocktails served at Harry Cipriani.
Because of all these, it's ranked as #1 in US Best Hotels by TripAdvisor for 2016
The Sherry-Netherland is a 38-story apartment hotel located at 781 Fifth Avenue on the corner of East 59th Street in Manhattan,New York City. It was designed and built by Schultze & Weaver with Buchman & Kahn.[2] The building is 570 feet (170 m) high, and was noted as the tallest apartment-hotel in New York City when it opened.Features
The building houses 165 apartments that were converted to co-ops in 1954.[3] There are only 50 hotel rooms and suites, but in the tower above the 24th floor there are single apartments to a floor. The French Gothic/French Renaissance Chateauesque roofline with gargoyles[4]disguises the water tower.
The Sherry-Netherland is located within the Upper East Side Historic District, which was designated by the New York City Landmarks Preservation Commission in 1981.History:The site had been occupied since the early 1890s by the Hotel New Netherland, designed byWilliam Hume for William Waldorf Astor, a member of the prominent Astor family. The building that was to replace it would occupy the same footprint and frontage on Fifth Avenue. More info can be found on wikipediaReferences:
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Whether it's most important for you and your family to shrink your bills or reduce your carbon footprint, these resolutions are commendable. Here are some useful tips that can benefit ecological conservation, make more time for family, and lead to home harmonization.
Use these simple strategies to reduce your carbon footprint and also save on energy costs for your family:
Do an inventory of your family's material possessions, coordinate your family, and de-clutter your home.
Take the time needed to go through each room of your house with some diligence and clear out items that you don't use.
Whether or not you are planning on selling your home or staying put, basic maintenance and upkeep goes a long way to protect one of your largest investments.


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Getting excited to see the Joss Whedon/Drew Goddard horror collaboration The Cabin In The Woods? Here's the bad news: Its release date has been pushed from February 2010 to January 2011... because so many people want to see it. Whuh?
The reason given by studio MGM for the release date shift is because advance tracking for the movie has been so positive that they're going to convert the Goddard-directed, Whedon co-written movie into 3D. Whether the almost year-long shift for release will lower that advance anticipation remains to be seen, of course.
Whedon's Cabin in the Woods Pushed, Going 3-D! [Shock Till You Drop]


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Alright guys, I want to unhash some names. But I need code to unhash it, I'm NOT begging you for giving me that code, I just want to know if it is possible to unhash this. I would have no idea how, so that's also why I'm asking you
Would it be possible to reverse the name.charAt(j) code? Because that's the hardest part.
public int getHash(String name) { int hash = 0; name = name.toUpperCase(); for (int j = 0; j < name.length(); j++) hash = (hash * 61 + name.charAt(j)) - 32; return hash; }
Thanks, Endian.


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Muay ThaiDominic Lavin
I remember not so long ago, I was sat around a table with an American, a German, an Aussie and a Thai bloke. It had got to that stage of proceedings when we were missing our home lands and the ugly sceptre of patriotism raised its' head. The theme of the conversation turned itself to what our homeland had brought to the world. Being a Brit I put soccer, rugby and cricket on the table. The American offered baseball, basketball and American Football, the Teutonic one offered BMW's and lager, the Thai mentioned excellent food, Red Bull and Muay Thai. When it came to the Aussie's turn he blushed a little and with more than a hint of embarrassment he muttered, "Errr. Well umm. Rolf Harris and Dame Edna."
Now I could be evil and vent my sarcasm on a certain member of that group but because I'm in a good mood I'll focus on my personal favourite sport of "Muay Thai" or "Thai Boxing" as it's know in some quarters. It's been described as the "Art and Science of Eight Limbs" and by another writer on a different site as "The most graceful way in the world of beating the snot out of some one". Personally I wouldn't have used the word snot, but I'm an ungracious Northerner. The Thai's are justifiably very proud of their national sport and at some time in their lives, most schoolchildren will undergo some form of tuition in this ancient art. On a personal front Thai Boxing helped me stay on the straight and narrow when I could have got involved in less savoury parts of society, and when I'm in Thailand helps me work up a healthy thirst before I go out and undo all the good it's done me.
The Muay Thai of today has undergone a metamorphosis from its original form. Its exact provenance is a little vague, as the country's records were destroyed when some bad tempered guys from Burma decided to set a torch to the ancient capital of Siam (Ayuddhaya) in 1767, destroying the country's Royal Archives, so what we know of the history of the sport is pieced together from manuscripts found in the adjacent countries.
The earliest written record is in 1411 up in Chiang Mai. After that the "fistic art" goes unmentioned until around 1590, when King Naresuen got a look in for heralding it as a form of self defence and unarmed combat against invaders, and documented some of the moves that characterise it today. In 1703 "The Tiger King" continued encouraging his countrymen to partake and was rumoured to fight himself (incognito) in a number of villages.
No article on Muay Thai would be complete without mentioning Nai Khanom Dtom, a Siamese soldier who famously won freedom by beating twelve of his Burmese captors and won national respect in doing so. From 1703 onwards the sport carried on merrily with the only change being the swapping of leather hand bindings for ones made of cloth, which if both parties agreed could be dipped in glue and ground glass. In the old days it was a sort of "last man standing" type of contest but in the 1930's after a few too many fatalities they introduced rules and regulations, which have remained mainly unchanged to the modern day.
The changes of the 1930's were to insist the contest took place in a ring, break the fight into five rounds of three minutes, replace the hand wraps with gloves, insist on mouth and groin guards and let a referee get in the ring to ensure fair play.
If you're in Bangkok and want to enjoy the spectacle there are two different stadiums, Rajadamnern (five minutes walk from Khao Sarn Road) and Lumpinee where there are bouts staged most nights of the week. It's a commonly held belief that the Lumpinee fights are of a slightly higher standard although it is hard to separate them. Whichever you chose, you'll experience a night of true sporting excellence. The sport is still steeped in superstition and spiritualism. When the fighters enter the stadium, they'll be dressed in silk gowns with garlands of orchids round their shoulders and a "Mongkon" (a ceremonial band) around their head.
On entering the ring (over the top rope if tradition is adhered to) they will remove the gown and perform what is known as a "Wai Kru" it's a dance which is designed to pay homage to their mentors, family and Buddha but it also helps them focus and warm up. Often the competitors will have spent the day praying, meditating and being blessed by monks.
During the bout, the fighters wear a "Kruang Ruang" or "Ring of Charms" around their bicep, which usually contains a Buddha image. The fight itself is accompanied (as is the Wai Kru) by music from a three piece band made up of cymbals, drums and an oboe.
As the tempo of the fight raises and falls, so does the tempo of the music. Uninitiated spectators are often taken aback at what they see as the "brutality" of the fight. The competitors are allowed to strike each other with fists, feet, shins, elbows and knees. It can look a little scary, but the guys in the ring are highly trained in defensive techniques as well as offensive.
In the early rounds the fighters will typically "fell each other out" looking for gaps in their opponents defence. In the later rounds spectators are usually treated to a spectacular display of pugilist technique.
At the end of the five rounds if neither fighter is concussed, the winner (as in Western Boxing) is the one who has attacked and defended most effectively. Putting the fight's themselves to one side for a moment it's important to understand the enthusiasm of the crowd. The Thais live and breathe Muay Thai. When you attend the stadium the atmosphere is similar to a Premiership Football Game and if you chose to flick through the channels on a TV in Thailand, it's unusual not to find at least one fight being shown.
Despite the brutality of the contest, the combatants have a great deal of respect for one another. They are highly trained sportsmen. Most of them start early, at the age of around seven or eight, and if they are accepted to a gym or "Camp" the Thai word is "Sit" they will often take on a "fight name" which encompasses the name of their gym or their mentor. They live in the gym under a Spartan regime and spend as much as seven or eight hours daily training.
To outsiders it may seem harsh, but Muay Thai offers an escape from poverty and a more healthy alternative to drugs or alcohol for a great many young Thais. The fighter's career is often over by the time they're in their mid twenties, with a successful fighter often having some two hundred fights under their belt. It's hard to classify "Muay Thai" as either a "Martial Art" or "Sport", I tend to put it in a box of it's own and call it a "Martial Sport". It differs from the more "conventional" Martial arts like Karate or Wing Chun, where participants receive grades and practice "forms", it can seem a lot less formal, although the spiritual aspects of the fight separate it from a traditional sport.
On the international scene Muay Thai remained in the shadows for quiet a while, but films like "The Man With the Golden Gun" and "Kickboxer" have done a great deal of good in opening western minds to its potential.
If you've seen the James Bond classic, Golden Gun, 007 visits Lumpinee. The two fighters who were paid to perform for the cameras (Master Woody and Master Toddy) along with Master Sken were among the early pioneers to take the sport abroad. Towards the end of the seventies they settled in Manchester (where the rainfall must have reminded them of the monsoon, but I'm not sure what they made of the temperature) and went about training westerners in their art. They acted as ambassadors for Thailand, and have done a great deal of work in promoting the sport worldwide.
During the mid nineties Muay Thai was going through something of a slump, but was cast into the limelight again by Noong Tom, the famous lady boy boxer who competed wearing lipstick and nail varnish, until he was bared from competition when he underwent re assignment surgery.
In the martial arts field Muay Thai is universally respected as being one of the most complete forms, I don't want to get into the "if a karate expert and a Thai boxer got in a scrap" type of conversation, but there are well documented examples of other disciplines trying to compete under Muay Thai rules and failing.
If having seen a few bouts and you fancy giving it a whirl there are plenty of gyms dotted around which welcome novices, and don't be put of by the brutality of the contests. If you attend a gym the professional trainers are well versed in tailoring the sessions to an individuals capabilities. I can personally recommend Sor Vorapin on Chakrapong (the Gullivers World end of Kha Sarn behind the watch shop), Jitty's (Soi 49 Sukumvit), Sityodthong (Nakula north of Pattaya), Sitpholek (Weekender Resort 2nd Rd Pattaya) and Jungle Gym (Haad Rin Kho Pha Ngan). Other's which enjoy good reputations, that I can't comment on personally are Fairtex (Trok Kai, Th Anuwong Bangkok), Chitlada (Rama IV Bangkok) and Lana (Chiang Mai). If you fancy competing you need to put aside a lot of time (years) to attain the levels Thais attain and foreigners don't have good record of attaining a comparable level, although there are some noteable exceptions including Ronnie Green of England, Raymond Decker and Ivan Hippolyte of Holland, I also believe the Japanese are putting forward some serious contenders.
To conclude if you're passing through Bangkok and want a taste of culture you could do a lot worse than to spend anevening of watching fights (lots of sexy bodies if you're a lady and a good scrap if you're a bloke) and if your worried about getting fat, pop down to a gym, they won't hurt you but you might ache a bit the next day.