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Phoenix: The Rise and Wrath of Abigail Begich
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Phoenix: The Rise and Wrath of Abigail Begich
August 21, 2013, 11:09:20 PM »
Based on a true story, and my ex...
Chapter 1
The Rabbit
As rock and roll blared from Abigail C. Begich�s bedroom, she dressed for a certain occasion. She pulled her black uniform trousers up over her pale legs and wiggled her bottom to fit in their seat. After she buttoned the pants, she picked up a black tunic lying across her bed. The short woman�s legs extended completely as she strode across the bedroom to her full-length mirror. She marched rather than strode. She had been trained well.
Abigail wrapped the uniform jacket around her and fastened it tightly at her throat. She smiled slightly at the jagged �SS� emblems on her lapels. Then she picked up a cap, the typical Nazi SS cap, and placed it upon her blond head.
�Brilliant,� she said.
She blinked and frowned. She looked down and groaned. She�d forgotten to put her boots on. Her feet were bare. Abigail went back over to her bed and sat down. All the while, Marilyn Manson�s remake of �Sweet Dreams� played from her massive radio that sat on her dresser. After she laced up her black steel-toed combat boots, Abigail glanced at her watch. She was never late. Never. She wondered if she could make it to the QuickStop for a Mountain Dew. She was on a tight schedule and at this time of night, she�d have to be wary of muggers and rapists in Allentown, Pennsylvania. Oh well, she thought, I�m frickin� thirsty.
Abigail made sure she had everything she needed for the occasion before turning off her beloved rock music. Once done, she headed out into the night, her mother yelling at her from the porch to be back before midnight. Abi just rolled her eyes and flipped a middle finger over her shoulder.
It began to drizzle, but that was alright because the young woman had known better than to expect the fates to spare her such misery. She was wearing a black leather trench coat, belt tied tightly around her waist. Abi was a cruelly beautiful woman. At 22 years-old, she had hazel eyes that altered color depending on the light, and her mood. Her flesh was mostly a smooth pale tone. She had full lips that were usually displaying a vicious scowl. She was only 5�4�, but packed a mean punch. Abi had been first in the state�s High School weight lifting championship, and had only gained strength and power once she�d enlisted in the U.S. Marine Corps. But she was out now. She had been out of the corps for a couple years, but not lost a bit of strength. Her true strength, however, lay beyond what eyes could see. Her true strength was within. Her true strength was her spirit.
She�d been walking for ten minutes and the rain was smearing her black mascara. She cursed the water around her. That only seemed to make the light rain come down harder. She scowled fiercely as she held herself, digging her nails into her biceps. Then the QuickStop lights came into view and she let out a sigh of relief.
�Gawd damn it, finally. Gawd damn this stupid rain��
Unfortunately, her journey to the corner shop would not be without incident.
�Hey girl, it�s gettin� kinda late, ain�t it?�
The bully had barely gotten the words out before Abi stopped and turned to face him and declared, �And you�re kinda country for these parts, aren�t you? You obviously have no earthly idea who I am so I am going to give you the opportunity to get the hell outta my face before something awful happens to you and your friend.�
There were two of them.
The two men looked at each other. A car drove past them, splashing Abi with most of what had been a puddle. The two men laughed at her. Abi�s cheek twitched.
�Sexy accent.� The first man was brown-haired and had a beard.
�A feisty one, ain�t ya?� the second guy commented.
Abi almost chuckled. �You have no idea.� She let her arms relax by her side.
�Where are you from?� asked the second guy. He was almost as short as Abi. He had black hair and wore a brown leather jacket.
�None of your frickin' business, dirtbag.�
The black-haired man guessed, �Sounds like New York.�
The first man said, �Come on, let�s get her.�
They expected her to run, give them some fun.
She did not. She moved toward them with purposeful strides. The second man thought twice and backed away but the first kept coming at her.
�Dude, her hat,� said the second guy stated. �I think she�s a Nazi!�
But it was too late for his friend. Abi was in range. As the man decided to just go for it, Abi easily deflected his reaching right hand and brought her steel toe up into his groin. His eyes bulged as he collapsed onto the sidewalk. Abi took the time to check the time.
�I�d love you kill you both, but I have somewhere to be.� She turned on her heel and marched briskly away.
The thug who was still standing got brave. He charged her. Due to the level of downpour, Abi didn�t hear him coming. She was tackled to the pavement and busted her bottom lip.
Abi blacked out�
The Phoenix took over. She elbowed the man in the face several times until it was bloody. Then Phoenix wormed beneath him until she was on her back and clutched him by the trachea. Her gloved fingernails pierced his throat and blood seeped down the gasping man�s neck. With the strength of ten men, Phoenix hurled him off of her and he landed right next to his friend. She then stood up and began looking around. There must be a sharp weapon around there somewhere. When she looked back, the two men were hauling ass across the street, nearly getting hit by a Taxi cab.
Abi returned. She knew something had happened, but was not sure what. She only knew that the bullies had gone, so she was glad. At least this time there wasn�t a body count. She turned and headed for the QuickStop. She checked her watch again.
It was 10:44. She snarled viciously. If it had not been raining, she would�ve noticed saliva sputter from the corners of her mouth. But it was washed away. She bypassed the QuickStop and went down an alley. It was at this point, she began cracking her knuckles and noticed blood on her leather gloves. She stopped and blinked, partly out of confusion and partly out of worry for the individuals she hurt. She figured that they�d live, otherwise there�d be more blood, and shrugged it off. Abi let the rain wash away the blood from her gloves and continued down the alley.
She arrived at an old apartment complex at 11:03. She ran up the stairs to the roof. When she pushed the door to the roof open, she was breathing hard, and being eyeballed by nearly a dozen annoyed or concerned people.
�Sawrry I�m late,� she said. �Almost got mugged�or something.�
�Come on,� said the leader. �It�s about to begin��
They were not concerned about her personal safety. The leader was wearing a black cloak and hood. The others were adorned in similarly dark apparel and everyone was kneeling around a pentagram. Abi walked over and sat beside the leader. She was his right-hand member. They were a Satanic cult, albeit one that had no idea what they were doing. Only the leader had any inkling of the power they were trying to invoke. Most of the others were just there for the thrill of doing something creepy on a roof at night in the rain.
Abi glanced at her watch. It was 11:05.
�We still got some time,� said the cult leader. His name was Azazel. It wasn�t originally. He simply thought it would be cool if he changed his name to something evil-sounding. �Tell us about your near-mugging�or something.�
Abi sighed and shrugged. �I don�t even know what they wanted. They just attacked me. I kicked one in the nuts and then walked away��
A woman in the circle said, �You go girl! Friggin� vagina power!� Everyone looked at her like she was insane. For these people, that�s saying something.
�Anyway,� Abi continued, �the other dude tackled me and I guess I beat his ass. Don�t really remember. Must�ve been my inner badass.�
Azazel smirked. �You are truly remarkable. You are the only one of us who has ever been able to harness the true, pure power of the demonic realm.�
Abi didn�t believe that was what happened. �Yeah, if you say so, dude. All I know is they bounced fast.�
Vagina Power chick said, �They probably couldn�t handle your extremely awesome accent.�
Azazel let out a breath of exasperation. �Linda, we all have something to bring to this discussion, but I think from now on, the thing you should bring is silence.�
Abi laughed. �You totally stole that from
Red Dwarf
The group laughed.
�Oh crap,� said another member. �It�s 11:10! Get ready!�
Getting ready meant kneeling in a circle around the evil symbol and bowing their heads. Azazel took a curved blade from a sheath under his cloak. He produced also a baby rabbit.
�Whoa!� Abi exclaimed, standing up. �Hell no, mofo! We are not killing a bunny; I don�t care if we�re tryin� to raise Satan himself!�
Everyone knew Abi�s passion for animals. Azazel just figured she�d go along with it for the sake of the ritual. She was expected to receive much power after all.
�Come on, Abi,� said Linda. �We don�t have time for this. What�s one little rabbit?�
Tears began to stream down Abi�s face and mingle with the light rain. She pointed emphatically. �You did not tell me about this, dude! You said we�d be cuttin� ourselves!�
Azazel said, �Abi, shut up! We�ve got like fifteen seconds to do this! If you�re not with us, go away. We won�t hold it against you.�
Abi tried one more time to be reasonable. �Put�the rabbit�down�now.�
Though frightened by Abi, Azazel brought the knife closer to the animal. �Ok, if you don�t stop, I�m gonna demote you ��
�Aaaaaaah!!!� Abi�s scream startled everyone, even Azazel.
She launched herself at him. He rolled backwards, still holding both the rabbit and the blade. He knew if he didn�t get out of her way, he was as good as dead. He had not seen Phoenix rear her ferocious head often, but when she did, he knew to run. Unfortunately, there wasn�t anywhere to run. He scrambled to his feet but the rain, combined with the fact that he was wearing a satin robe, caused him to stumble and fall on his face. Abi leaped onto his back and yanked the animal from his grasp. Then, instead of beating him senseless, she got up and cradled the creature in her arms, away from the group.
Azazel stood up, embarrassed, and brushed himself off, which looked ridiculous in the rain. �You�re being ridiculous, Abi.�
Abi, now herself, wiped her red eyes as she pet the rabbit. �No. No, I�m not. You can do whatever you want, but I�m not gonna let you hurt this innocent animal.�
�Fine,� said Azazel. He grabbed Linda by the hair.
�Hey!� she screamed.
Abi didn�t look as Azazel stabbed Linda repeatedly in the stomach and let her fall onto the symbol. Blood and rain mingled in the pentagram at 11:11 PM on November 11th, 2011.
Chapter 2
�Azazel, this is Abi,� Scott introduced her to his best friend.
Scott Tucker was Azazel�s best friend and a mutual friend of both he and Abigail. So when Azazel asked him to find him a woman to date, Scott got right on it. The meeting was set up in a coffee shop in Allentown. It was noon and Azazel was waiting for them at a table, nervously bouncing his foot. He was wearing a grey hoodie and a pair of Van sneakers.
Abi looked Azazel up and down and then gave Scott a derisive glower. �Seriously? His name�s Azazel?�
�Oh, sorry,� Azazel said, �where�s my manners?� He stood up to shake her hand.
�It�s �where
my manners,� man.� She shook his hand firmly. She could feel the sweat on his palms.
Scott nudged her with his elbow. �Don�t be a grammar Nazi, Abi.�
She glared. He smirked knowingly.
�No, my real name�s Alex,� said her insufferable date. �My friends call me Azazel. It�s a thing. You can call me whatever you want.�
Abi nodded curtly and dropped her backpack by the table. �Very well.�
Alex sat down and Abi noticed he hadn�t pulled her chair out for her. However, she was not completely broken up about it. Chivalry was not something she was used to. She�d only been with one chivalric man and had long-since given up hope of seeing him again, or meeting anyone like him. She sat down and cocked her head at Alex, her visage like that of a statue.
Scott began backing away inch by inch from the couple. �I�m gonna�go�look for some coffee.� He turned around and left the caf�.
Abi sighed audibly. She tried to smile but it ended up looking forced and bored. Alex picked up on it.
�Hey, you don�t have to be here. I mean��
She interrupted, �It�s not you, Alex. I, uh, have been through a lot�and bringing another person into my life right now, even as a friend�it�s complicated. It�s painful.�
�What accent is that? New York?�
Abi ignored his lack of appreciation or even acknowledgment of her confession. �Yeah,� she said as she begged her eyes to find something else to occupy her mind. �Staten Island.�
Alex took a sip of his coffee. �Do you drink coffee?�
Abi looked him in the eyes. �Only after I�ve killed someone.�
After a brief and anxious laugh, Alex took another sip from his coffee, this one lasting much longer than the previous. Abi glared him down. Then she looked away again.
�So tell me about yourself,� Alex said. �Scott told me you were in the Marines.�
�This is accurate.�
Alex bit his bottom lip and creased his brow in confusion. �You go overseas?�
Abi was still staring out a window. �I did. That is as much as you�re going to get from me on that topic.� She leveled a steely gaze at him. �Now change it.�
Taken aback, Alex nodded and cleared his throat. �Ok.� He pretended to examine a coffee menu. �Um, how about religion?�
�What about it?� She leaned back in her chair.
�Well, are you religious?�
�Used to be. Next subject.�
Alex rubbed his nose with his thumb and chuckled. �Wow, you�re gonna play this all mysterious and stuff, aren�t you?�
Abi snickered and removed her glasses. �Yeah, well, if you�d been through the crap I�d been through, you�d be guarded too.� She began wiping her glasses on her black T-shirt.
�You can talk to me, you know,� said Alex.
�No,� she replied, returning her glare to him. �I don�t know.� She put her glasses back on.
Alex said, �You�re very beautiful. You should let your hair down. Are you a natural blonde?�
�I am. And I do. I just put it up today �cause I have an interview to go to later today.�
�Ah,� Alex said. �So you�re unemployed.�
�Not for long.� She ushered a waitress over.
�Planning on murdering someone?� Alex whispered with a smile.
Abi�s head snapped around and her glare intensified. Her cheek twitched. �Why do you ask?�
�You said you didn�t drink coffee except after you�ve murdered someone.�
�I�m ordering hot cocoa, dude.�
�Ah. Sorry.�
She narrowed her eyes at him and turned to the waitress. Once Abi ordered the drink, she eyed Alex for a few seconds before saying, �I�ve never killed anyone who didn�t deserve it. I�m not a murderer.�
�Uh, I was joking, Abi.� Alex scratched his neck and glanced around nervously. �And I thought you were too - about drinking coffee after you kill someone.�
Abi smiled, but made sure he knew it was fake. Her eyes were stone cold. �I was.�
Her hot cocoa arrived. She thanked the waitress and took a sip.
Alex inquired, �What�s the job?�
�Hmm?� She blinked and set the hot cocoa down.
�The interview?
Abi nodded. �Oh. Right. Uh�security. Heard of Darkwater?�
Alex shrugged. �Vaguely. But not really.�
�Well,� said Abi, �it�s not with them, but a company like them. They do security, defense contracting, private investigating, consulting, stuff like that.�
Slowly nodding, Alex then stood up. �I�ll be right back. I gotta use the bathroom.�
He glanced back only once as he made his way through the caf� and into the restroom at the back. Abi was not stupid. She knew something was up. She had thrown the name Darkwater out there intentionally. She wanted to know who was listening, who was interested in her, and who this man worked for. She was about to stand up when she felt a strong hand press down on her shoulder. A man leaned down and whispered something in her ear. His hot breath made her sweat almost as much as growing fear did. Abi nodded slightly and remained in her seat. When she looked behind her, the unknown man was gone. She wiped her eyes, desperate to remove all traces of fear before Alex returned.
But she was shaking, and she was sweating. And those visible signs of terror could be picked up by anyone, even Alex.
�Come on, girl,� she muttered under her breath. �Get a hold of yourself.�
The jukebox in the corner of the shop began playing �Hallelujah� by Jeff Buckley as Alex returned from the restroom. She wished the world was different. She wished everything would move slow enough for her to think clearly, not leaving her vision a blur.
Abi closed her eyes and exhaled. The fear left her. When she opened her eyes, she saw her target.
Alex sat down across from her and smiled charmingly. �Anyway, we were talking about you��
�I want to talk about you,� Abi said. She smiled and this time made damn sure he believed it.
Her smile was infectious and he looked down, smiling as well. �Alright. My mom and dad both died when I was 8. I grew up with my grandparents in California. I guess you could say I was privileged. With the money I was supposed to use for college, I moved here. Not sure why. I just felt like it was something I had to do. Anyway, I�ve been living here for about four years and I love it. I work as a librarian downtown.�
�Interesting,� she said with another smile. �How interesting. Hey, you wanna get outta here? I can�t stand this gawd damn music.�
�Me neither,� Alex answered with a chuckle.
Over the next several months, Abi dated Alex. She got involved with his work at the library and he barely knew anything about her work with the security firm. She manipulated his life to suit her desires and needs. Six months after they�d met, Alex invited her to join his �group of political activists and religious free-thinkers.� They actually turned out to be Satanists and radical left-wing crazies. She joined knowing full well what they were. There were originally only five of them. Scott had known nothing of their activities, until he bumped into them doing a ritual.
At first glance, it seemed like some people sitting around singing. But when he interrupted them, he quickly and abruptly discovered the truth.
Scott knocked on the door of Alex�s bedroom. �Dude,� he called out, �you said we were gonna meet for pizza.� He opened the door. �What in the hell are you guys singing �?�
Five people were holding hands and sitting Indian-style in a circle. They were not singing, but chanting. What convinced Scott that they were doing more than singing was the fact that any item in the room weighing less than a pound was levitating.
When Alex and the others turned to look at Scott, the items fell.
�Damn,� Alex groused guiltily.
�Jesus Christ!� Scott shouted in alarm. He rapidly back-pedaled out of the bedroom.
To everyone�s surprise, Abi leaped to her feet and howled in an unearthly tone, �
Do not utter that name!
She began walking toward Scott.
�What the hell is going on?� one of the occultists asked Alex.
�I don�t know!� Alex admitted.
As Scott turned to run down the hallway, Abi seized him by the shoulder and slammed his back against the wall across from the open door. She pinned Scott there and snarled fiercely.
Scott yelled, �Abi! Stop, please!�
�I am NOT Abigail!� She did not have a Staten Island accent at this point.
Grinning wickedly, one side of her mouth twitched as she squeezed her friend�s throat and lifted him a foot off the floor. Everyone except Alex fled. He grabbed Abi and shook her.
�Snap out of it! Abi, stop! It�s Scott, your friend!
Abi dropped Scott and blinked. She flinched from Alex�s hands touching her and scampered down the hall, getting into a defensive posture she�d been trained. Scott rubbed his throat and gasped, eying her carefully. Alex held his hands up to show that he was not a threat.
�Are you alright, Abi?� Alex asked.
Abi didn�t move. She kept her eyes locked on Alex�s eyes.
Scott supported himself against the wall. �Abi,� he wheezed, �I thought the Phoenix was gone, or at least�� he coughed. ��at least caged, under control.�
Alex lowered his hands and turned to Scott. �You�wait�what? What in the world are you talking about? What�s the Phoenix? Who�s�? What the hell is going on?�
�I�m sawrry,� said Abigail, her accent back. �I�m fine now. I�m sawrry. You�re safe now.�
Alex exclaimed, �For how long? God damn it! You�re insane!�
Scott turned to Alex. �What do you expect, you idiot? I didn�t know you were into this devil-worship crap! That crap is not good, especially for people like her!�
�We�re done,� said Alex to Abi. �Stay the hell away from me.�
Abi said, �Alex, you want to raise demons, gawd damn it! Well, here ya go!� She opened her arms to indicate herself as she stepped toward the two men. �You ain�t gonna get closer to Lucifer than me, baby!� She laughed insanely and gave Alex a murderous scowl.
Alex clenched his fists and stepped back. �Fine! You can stay in the group, but you and I � we�re done. Alright? Can you deal with that or am I gonna wake up without a penis one day?�
�Maybe if I�d screwed you,� Abi said, crossing her arms defiantly over her chest. �But you weren�t worth it.�
She turned on her heel and marched away. Alex was going to say something unwise but Scott clapped his hand over his mouth and shook his head.
�That�s not a good idea, bro.�
November 11th, 2011
The cold rain pelted Abigail C. Begich as she made her way home. She began to regret staying out so late. She had to work tomorrow and she didn�t even get what she was after. She glanced at her cellphone to find it was almost midnight. Still she saw no demons, no spirits, no ghosts, no supernatural entities or events of any kind. Abi was clearly disappointed. She wanted chaos. She wanted destruction. She wanted darkness. She wanted death, so long as innocent animals didn�t get hurt.
When she got inside and removed her gloves, she realized that her fingernails were a bit too long and too sharp. They were definitely more like claws. She went into the bathroom and examined them more closely in the light. A horrifying thought ran through her mind and she quickly picked up and looked at the tips of her leather gloves.
�Damn it,� she grumbled.
Her nails had pierced the gloves, which served to explain the blood. There would not have been any blood if her claws had not extended from the gloves. Abi tried to remember the confrontation with the two would-be muggers, or whatever they were. She considered they may have been rapists, but doubted the Phoenix would have allowed them to live if they were. The Phoenix protected Abigail, or at least that was how Abi saw it. If anyone tried to hurt or violate Abi violently, the Phoenix would take over and things get bad.
After washing up, Abi went into her bedroom. It was a little before midnight when she collapsed onto her back in bed, almost missing the eyes that watched her from the dark closet. She inhaled sharply and went for the 9mm Beretta holstered beneath her bed. When she checked the closet, it was empty.
�Great,� she grumbled, �now I�m gettin� paranoid��
She sat back down on the bed and laid the pistol down on her pillow. Abi just sat there staring at the closet door until a minute after midnight. Then she finally went to sleep, pistol in hand hanging off the bed.
Allentown, Pennsylvania appeared exactly the same to demons and angels as it did to humans. The only difference was that their view of it was less practical and more metaphorical. The buildings were rundown and in some cases on fire. The air was visibly polluted with smog, poison and spirits. The human beings and other physical aspects of creation that moved about did so in slow motion because spirits move faster than light. This gave demons a clear advantage over people.
The Begich residence was consumed in both fire and black smoke. Despite this, four holy guardian angels stood at each corner of the suburban property. Their appearance was of golden fire. Their swords, shields and spears were inflamed with Holy Spirit and engraved with meaningful and powerful symbols, runes, and ancient letters. Their eyes were cerulean blue and their hair was long. They each had two white wings, but unlike the myths about angels, there were no halos. All four angels appeared as men in their 30s. Their fiery armor bore a resemblance to chain-mail and plates used by medieval knights.
The three dark spirits that approached them were something else entirely. Demons were not the same as fallen angels. Fallen angels are angels that have fallen, and are purely spiritual entities. Demons are what used to be giants and monsters that have died and now haunt the world, straddling both the spiritual and physical realms. As such, no two demons look the same. The leader of the three resembled a young man in most ways, but had stalks coming out of his back. The stalks used to be wings before they�d been shredded. Blood dripped from what was left of his wings. His long matted hair was jet black and his slick, oily flesh was grey. He had no nose or eyebrows. Broken and rusted chains dangled from the lead demon�s wrists and neck. The armor worn by the demons was dark and barbaric, in many cases formed from the residual displaced energy acquired by conquered spirits.
In a blinding flash of white light, a fifth angel appeared between the demons and the front gate. He was much more regally dressed than the other celestial messengers. His hair was longer and he had a trimmed beard and mustache. His eyes were bright white.
The angel addressed the demon: �
Asmodeus! Have you forgotten the law? No house protected by guardians may fall under your jurisdiction! Turn back now or invite destruction!
Asmodeus stopped in his tracks and growled. �The law cannot be forgotten, for we are constantly reminded of our folly and sins, Prince Raphael. Do the Lord and his legions scoff and laugh at me now? Is this trespass my folly or is there a betrayal in the ways of light? For I am confident in my proclamation, Prince Raphael, that this is the house of one of those who have called upon the presence and services of myself and my kind.�
Raphael nodded once. �
There is no betrayal. There is no trespass. You may have all of those who have called upon your name, but the Lord has forbidden anything evil to happen to this one. Go! Choose for yourself from ten other heathen! They surely deserve what they have sought. Yet this woman is off limits, Asmodeus
The demon took a step forward in anger. �Off limits? Dear uncle, have you lost your way? It is past the hour and past the day. It is due for a new age and a new law. You yourself bound me in the river in Egypt, yet the rebellion there has released me! And I was summoned to this place! I cannot be refused, Prince Raphael. If you try to refuse what is rightfully mine, I will take human form and ravage the land and make the prophecy we now see here take form in the physical dimension! Stand aside!�
Raphael drew his sword of fire. �
One word more and you shall not see any dimension � physical or spiritual � for a length of time twice as long as your imprisonment in the Nile!
Asmodeus drew a shorter, jagged sword. �Curse your law, uncle!�
Lightning cracked where they stood.
Abigail woke up with a start, eyes wide. Sweat stuck her bangs to her forehead. She leveled her handgun and got to her feet shakily. Making it over to the window, she peered outside. She was dismayed at the thunderstorm that was taking place. She turned to check the clock on her nightstand. It was 1:14 AM. She let her head drop and moaned before returning to bed.
I have to get up at six
, Abi thought,
I can�t be late.
More lightning crashed outside. She groaned angrily and stomped back over to the window. When she looked outside again, she saw that lightning was striking in the same general area repeatedly.
�Oh balls,� she said, cocking the Beretta.
Abi huddled in the corner where she could keep an eye on both the window and the door. She had a feeling the storm had something to do with her participation in the ritual earlier.
Mad at herself, Abi scowled. �So much for getting some gawd damn sleep��
She woke up at 6:25 AM for no apparent reason. Later she would remember hearing a voice � maybe it was a literal voice, or maybe it was one in her head; she wasn�t certain � but it woke her up at just the right time because if she�d slept any later, she would have been late for work.
Abi drove her black 1980 Pontiac Trans AM to a three-story building in the business end of town. The company was called DinoCorps, but Abi wasn�t sure why. The company provided several security aspects and services for a multitude of Pennsylvanian businesses, but was branching out to other states. It was no secret that the CEO of DinoCorps had aspirations of reaching the same level of notoriety as Darkwater.
Once she parked in the nearby lot, Abi nearly ran to her the morning meeting. It was 7:29 AM. She thanked God she wasn�t late. She found it a tad odd that she then overheard a child, a young girl, down at the other end of the hall say, �You�re welcome.�
She didn�t wonder why a child was in the building until later. Much later.
Abi sat down at the conference table as her manager was commencing the meeting. She mostly ignored most of it, as she customarily did, until the boss addressed her.
�Begich, you and Danson are going to be at the Golf Course. The mayor is going to be doing some golfing and would like additional security. He told Burton why, but not me.�
Burton was the name of the CEO.
Danson smiled at Abi. She frowned at Danson, but nodded to the manager. Abi couldn�t stand Erik Danson. He had a crush on her and made it obvious. He was a jock, something Abi abhorred. He liked to stand close when he spoke to people, and to make it worse, he had a body odor that could make someone vomit. When she questioned him about his personal hygiene, he had told Abi that he liked to go natural. She had, in turn, informed him that he naturally stinks and should check out some natural deodorant. He had just laughed it off, thinking she was joking.
�Do we have to take a company car?� asked Abigail.
�Yes,� was the manager�s response. �You�re going to be meeting the mayor of Allentown. How�s it gonna look if you pull up in a Trans AM?�
Abi shrugged, face straight. �Bloody awesome?�
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A Kiwi communications company has opened a new facility in Beijing to serve as a base for clients in China and the Asia-Pacific region.
Tait Radio Communications, which designs electronics for a variety of industries, will employ up to 15 new staff at its new branch.
"The new Beijing facility represents another step forward in our mandate to deliver the highest levels of service and support to our global clients," managing director Frank Owen says.
"Along with our existing facilities in Brisbane, Melbourne, Singapore and New Zealand, we are well-positioned and committed to further strengthening our in-depth partnerships in the Asia-Pacific region."
The new facility, located in Beijing's central Swissôtel complex, represents Tait's third new international expansion since January 2010. It will exist as a wholly foreign-owned enterprise, expanding the existing sales office to include R&D, marketing, finance and services support.
Tait has been active in China for more than 20 years and its current clients include China International Search and Rescue (CISAR), the Gong An and Shanghai Fire Service. It was first formed in 1969 in Christchurch by Sir Angus Tait.
"Our strong focus on emerging technology, vertical markets, cultural awareness and proximity to our customers are key elements to our successful growth in China," says Tait's communications manager for China, Larry Tsang.
He says it's important for Tait to move closer to clients and hire staff who understand the local environment.
"China's economy is developing rapidly and new cities are being planned and built. These cities will require emergency services, utilities and public transport infrastructure, creating a real demand for critical communication solutions.


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L.A. Law (TV Series 19861994)
You will want Microsoft Excel® or compatible software program like Open Office to read XLS, XLT, XLSX or XLTX recordsdata. I get pleasure from inviting you to submit an summary for the Second International Conference 'Consumer Policy in China: New Trends and Challenges', to be held on 6 and 7 December 2016 at the Faculty of Law of the University of Macau (China). In the context of s.7 and s.28, the law should be fairly applicable and tailored to serve an end which is consistent or suitable with the upkeep of the constitutionally prescribed system of representative authorities". According to this group, the curfew legal guidelines are not wanted because the police already choose up youth and bring them to highschool. The power of the regulatory state has grown tremendously, and without most of the checks and balances of actual legislation. If so, it would not be too much of a streatch of the imagination to imagine there was additionally a thirteeth tribe and a thirteeth regulation quickly to be brought to light.
Instead, Chevron (as modified by later case law) stands for the concept that an administrative agency's dedication of an ambiguous law is due judicial deference, offered the interpretation is cheap and has gone by way of discover and comment rule-making. At first, Abraham shrugged these speculations off as useless because, in response to the Law of Attraction, we will get what we attract then, and nothing could be predicted in advance. Generally, the duty ends when the kid reaches 18 years of age or the kid graduates from highschool, whichever occurs later.
The school discovered of the recognition by means of an official letter from former Justice Hilarion Aquino, Chairperson of the LEB, addressed to the Dean's Office. There can be the loss of authorized excellence within the judiciary that comes with a obligatory retirement age that's set when many judges are simply reaching their prime. It was additionally argued that the legal guidelines in query weren't in accordance with the law as a result of they lacked clarity and foreseeability (para 104), and moreover Mr Al-Nashif had by no means engaged in any illegal or harmful activity (para105). Let say it is a blah blah second during which I try to dissuade others from buying into every rumor that emanates from UF Law. I guess the Law of Attraction is giving you what you might be trying to find – proof that this isn't real.
Candidates securing over one hundred ten marks out of one hundred fifty marks might reach getting admitted to Symbiosis Law School. Women have been horrified to realize that such lovely creatures fared annihilation with a purpose to provide hat decorations. Online readers should not act upon any data presented on this weblog with out looking for professional legal counsel. I thought frequent regulation was still honored in Missouri, for example, but discovered it isn't. EU legislation has something in it for everyone – and even in case you are none of those issues, you must study it this as a result of it's a obligatory topic for a qualifying diploma. The three-year legal training costs at the nine regulation faculties range from $37,000 to $seventy one,000 annually.
David Singh Grewal '02 is a Professor of Law at Yale Law School and holds a secondary appointment within the Yale Political Science Department. One rally occurred at Dallas City Hall and the other one ran concurrently at Bedford City Hall, the place the Hurst-Euless-Bedford college district already has a daytime curfew in place. Rather I see the continued enhance and integration of authorized operations, authorized engineers, allied professionals, course of/tech nerds, and so on.


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The Cranky Critic website is Copyright © 1995 - 2017 by Chuck Schwartz. Articles by Paul Fischer are Copyright © 1999 - 2006 Paul Fischer. All images, unless otherwise noted, are property of,©, ®, their respective studios and are used by permission. All Rights Reserved. Not to be used or copied for any commercial purpose. Academy Award(s) and Oscar®(s) are registered trademarks and service marks of the Academy of Motion Picture Arts and Sciences.


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Delta Sigma Theta Sorority was founded in 1913 by 22 students on the campus of Howard University in Washington, DC. These young women wanted to use their collective strength to promote academic excellence; to provide scholarships; to provide support to the underserved; educate and stimulate participation in the establishment of positive public policy; and to highlight issues and provide solutions for problems in their communities.
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5 Tips for Starting a fertility Meditation Practice – Guest Post by Stephanie Roth
Connect your mind and your body. Cultivate a fertility-friendly mindset. Take the stress out of trying to conceive. These are all popular and...Read more
Connect your mind and your body. Cultivate a fertility-friendly mindset. Take the stress out of trying to conceive. These are all popular and...Read more
Keeping a fertility journal is a great way to help record thoughts and feelings, as well as to keep track of your cycle, diet, and changes in your...Read more
The New Year is full of everyone thinking about their New Year's Resolutions or as I like to think about them – my goals for...Read more
I am absolutely delighted that the lovely Bianca from www.wheresmystork.com is my newest guest blogger. Bianca has a blog which is full of...Read more
Kate Interviews Dr Jennifer Rayward Many of my patients ask me about fertility treatments abroad – how they seek treatment abroad, the...Read more
If you have been following my blog series on medication and fertility you will have read about the affects of over the counter medications on...Read more
This carries on from my last blog that focussed on medication and fertility with regards to over the counter medication. Today I'm talking...Read more
In my Facebook Fertility Support Group there is frequent discussion on medication and fertility. Some common over the counter medications can...Read more
Gemma's Fertility Journey – The Final Fertility Tests In October 2014 our IVF information session started with the big weigh in! I had...Read more
I am delighted that my Fertility Coaching client – Gemma, has agreed to share her fertility journey with you all. She has written a...Read more
Your Thyroid and Fertility – Why is this important? Low thyroid function (hypothyroidism) is a common reason why some women may find...Read more
Progesterone and Your Fertility – How this little hormone plays a big part in fertility. Your ability to successfully conceive relies on a...Read more


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The Association of Certified Fraud Examiner (ACFE) reported in their 2014 Report to the Nations that a typical organization loses approximately 5% of its revenues each year due to fraud. Approximately 77% of the acts of fraud in the ACFE's study were acts of internal fraud committed by employees working in accounting, finance, operations, purchasing, sales, customer service and upper management. Segregation of duties (SOD) is an essential component of strong internal control than can help prevent internal fraud. Management at smaller organizations often believe they lack the personnel and resources to create strong SOD. However, there are a number of ways to implement SOD that are relatively easy and cost effective.
- Involve the Owner or Treasurer
- Have bank statements and credit card statements mailed to the business owner or treasurer's home instead of the entity's finance office. The business owner or treasurer should open and review the statements for unauthorized transactions. The owner or treasurer should also perform, or at least, review the reconciliation.
- Have payroll change reports from the payroll provider sent to the owner or treasurer's home. The owner or treasurer can review the reports for unusual hires and changes in compensation.
- Have the owner or treasurer randomly spot check finance employees' work. For example, the owner or treasurer could review an occasional bank reconciliation, cash disbursement and its supporting documentation or journal entry. Encourage the owner or treasurer to ask questions such as "what is this bank fee?" Random review and pointed questions put finance staff on notice that someone is watching.
- Keep check signing authority with the owner or treasurer. Do not delegate check signing authority to a bookkeeper or controller. Or, consider using an on-line bill paying system and grant access to only the owner or treasurer.
- Fully Utilize QuickBooks
- Ensure that the owner or treasurer is the only individual with Administrator access.
- Routinely review the voided and deleted transactions report, closing date exception report and the audit trail report in QuickBooks.
- Set QuickBooks to alert users duplicate purchase orders, duplicate bill numbers from the same vendor and duplicate invoice number. In this way, QuickBooks can act as a second set of eyes.
- Consider Part-Time Employees- If it is not financially practicable to hire more than one full-time employee to perform accounting functions, consider a part-time employee to only process payroll or enter bills.
- Involve Other Employees- Employees outside the finance department can be used to open mail, mail checks or make deposits.
- Convey the Importance of Segregation- Ensure that finance staff understand why segregation of duties is required. Explain the consequences of a lack of segregation of duties including theft, fraud and loss of tax exempt status for non-profit organizations.
- Know Your Vulnerabilities-
- Use the Association of Certified Fraud Examiner's (ACFE) Uniform Occupational Fraud Classification System (also known as "the fraud tree") to identify areas where your organization is vulnerable. The classification system links common business transactions and the types of frauds to which they are vulnerable.
- Ask your staff how they could bypass controls. Honest employees may alert you to weaknesses in your systems.
- Consider Outsourcing IT- Recent improvements in technology, including Cloud computing, allow smaller entities to outsource the design and maintenance functions of accounting software, ensuring that the design and maintenance of the accounting system is performed by someone other than the person reconciling or internally auditing the transactions. IT outsourcing has become less expensive with the Cloud.
- Utilize your Board and Outside Specialists- Board members and outside consultants can provide another set of eyes and additional perspective on important financial decisions.
- Consider CPA Firm Review- Have the entity's monthly or quarterly financials reviewed by a CPA firm. This especially important in entities where only one person is managing the finances. CPAs can review your financials for management purposes only, without having to issue an opinion.
KMM can assist you in improving the segregation of duties in your organization and in reviewing your financial statements.
For more information, please contact Sarah Abbott.


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Ivon Prefontaine, PhD's curator insight, October 17, 2:19 PM
Despite what we see with some so-called leaders (with naricissistic tendencies) in politics, schools, and corporations, leaders assume responsibility and understand they cannot control everything. Good teaching is premised on this as well.
Although managing is essential in certain situations, it is too often conflated with leading.
Abel Linares's curator insight, October 7, 12:01 PM
There is no question about it: technology is the driving force behind the new style of leadership – a leadership which embraces change, learning, communication and diversity. The most successful leaders at a worldwide level are those who understood just how much technology can aid them in managing people, building teams and keeping track of work across all channels and in any location of the world. The new business world is made up of connected devices, artificial intelligence, and secure cloud business solutions which enable teams to work together more efficiently than ever and empower companies to expand their reach towards new markets across the globe.
donhornsby's curator insight, September 29, 10:00 AM
When a major issue occurs at your company, it's a true test of leadership. Will you kick into action, or will you allow the stress of the situation to get the best of you? The bottom line is this: A company crisis is when your employees need you most. They need to know that you care, that you truly believe that everything will be okay and that they can depend on you.
The Learning Factor's curator insight, September 26, 6:56 PM
How the right type of structure frees your employees from rework and hassles.
Ian Berry's curator insight, September 27, 9:36 PM
Love the point about how processes can enable flow. Processes along with procedures, practices, policies and system created by or in collaboration with the people who do the work is the new management
Gust MEES's curator insight, October 19, 5:31 PM
Organizations face more complexity in the type of work they do, the problems they face, and the markets they interact with. This is due to increasing connections between everyone and everything. To deal with this complexity, organizations should loosen hierarchies and strengthen networks. This challenges command and control management as well as the concept that those in leadership positions are special. Leadership in networks is an emergent property.
Learn more / En savoir plus / Mehr erfahren:
Ivon Prefontaine, PhD's curator insight, October 14, 2:11 PM
The third one is not putting quantity ahead of quality. It is about coming up with ideas when a group is stuck. From there, the group can move to quality.
donhornsby's curator insight, September 29, 9:51 AM
Your leadership is crucial to your people's success, but it's only one side of the leadership coin. The other side of the coin is self-leadership. These days of disruption and uncertainty demand developing new just-in-time strategies. Those strategies depend on successfully developing the proactive self-leadership skills and self-reliance of your individual contributors


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A white police officer kills a black male for what looks like a minor traffic offense. The state of South Carolina charges him as the murder. Federal Justice Department and FBI to follow up with their own queries.
Come on Nikki Haley, time to prove your worth here - what are Polices for: to protect weakest in the society and to uphold rule of law for everyone; mighty or ordinary.
What has been happening in recent months in America as far as 'biased enforcement of police rule concerned' is no good. Or may be that it is how things have been all the time and only now when a black president is occupying the White House, folks and Media have started to ask some real uncomfortable questions.
Somehow I have a feeling that this episode is not going to be easy for America to digest. Forget all the bantering about Iran and how that society perpetuates injustice...
And it should not be easy for America - damn any consequences. If we want to live as the most open and honorable democractic society in the world; we must bring the justice in this case as well as in all situations where Blacks and minorities are killed with impunity under the pretext of Law and Order.


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Trade Secrets
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Litton Systems, Inc. v. Sundstrand Corp.750 F.2d 952, 224 U.S.P.Q. (BNA) 252 (Fed. Cir. 1984)
Before Markey, Chief Judge, Nichols, Senior Circuit Judge, and Bissell, Circuit Judge.
[*953] Markey, Chief Judge.
Appeal from an order of the United States District Court for the Central District of California denying Litton Systems' (Litton's) motion for preliminary injunction. We affirm.
Litton makes and sells, as do others, a ring laser gyroscope (RLG), formed normally of a thermally and mechanically stable block of quartz ceramic material. Counter-rotating laser beams are generated in a cavity in the block and are reflected around the cavity by high quality, almost totally reflective mirrors affixed to the corners of the block. Any imperfection in mirror alignment can result in a plane or missile carrying the RLG to wander miles off course.
On December 27, 1983, Litton filed a complaint for infringement of six patents and misappropriation of unidentified "confidential information and trade secrets" relating to RLGs. The complaint was filed against the Sundstrand Corporation [and various related entites]. * * * [*954] * * * The defendants are referred to here as "Sundstrand".
Litton filed an application for a temporary restraining order (TRO) and a preliminary injunction on December 29, 1983. Citing Sundstrand's disclosures in a brochure and at trade shows, Litton sought to enjoin Sundstrand from disclosing any of Litton's trade secrets, and proposed that Sundstrand submit to Litton's designee any RLG related materials that might contain such secrets.
The district court entered a stipulated TRO on January 4, 1984, restraining Sundstrand:
Sundstrand demanded that Litton identify its trade secrets so that it could defend by showing that those asserted trade secrets are either not secrets or not used by Sundstrand.
Litton said it would take eight months to list its "thousands" of secrets. The district court twice ordered Litton to identify its trade secrets. Litton first produced a list of more than 300 "areas", (e.g., "data analysis method") which it said contained unidentified trade secrets. Litton later cut its list to 239 "areas" and produced boxes of documents which it said contained still unidentified trade secrets. The parties dispute the question of whether Litton ever specified any trade secrets, and if it did, whether they numbered 2, 6, or 17.
The district court continued the TRO for five months to allow time for briefing and hearing of three motions on scope of discovery, for Litton to list its trade secrets, and for drafting and filing papers relating to Litton's motion for a preliminary injunction.
During the TRO period, Sundstrand submitted three documents to Litton's counsel, and obtained permission to disclose two, one having been disclosed before entry of the TRO and referring to a type of RLG that Litton does not make, the other being a government report.
The district court conducted a hearing on the motion for preliminary injunction on May 30, 1984. It denied Litton's motion, dissolved the TRO, and instructed Sundstrand to propose findings of fact. The court rejected three, modified six, and adopted twelve of Sundstrand's 21 proposed findings. Of those adopted and modified, the first ten recited background facts (e.g., states of incorporation, corporate relationships of defendants, number of Sundstrand employees).
The court's findings state that the motion is a "toss up" on the merits, that "there are serious questions going to the merits", and that Litton "failed to demonstrate a likelihood of success on the merits." The court found that Litton had not demonstrated that it would suffer irreparable injury and that the balance of hardships tilted against granting the injunction. Litton's unsolicited proposed findings were rejected.
The district court found that the requested injunction would be against use of trade secrets, and would be devastating to Sundstrand because it would "effectively" prevent it from communicating with potential and existing customers and suppliers. [*955] In its conclusions of law, the district court repeated its findings on likelihood of success and balance of hardships.
Litton filed a notice and amended notice of appeal to this court and moved the district court to reinstate the TRO during pendency of the appeal. The district court denied Litton's motion, finding that the proposed reinstatement "would not maintain the status quo . . . the relevant status quo . . . [being] the state of affairs prior to bringing the instant action." The district court also found that:
Litton moved under Fed. Rules App. P. 8 for an order from this court
reinstating the TRO. This court denied the motion.
In Smith Int'l, Inc. v. Hughes Tool Co., 718 F.2d 1573, 1579, 219 U.S.P.Q. (BNA) 686, 691 (Fed. Cir.), cert. denied, 464 U.S. 996 (1983), this court noted the widely recognized test for reviewing a denial of a preliminary injunction:
* * *
In its Conclusion of Law 2, the district court cited Benda v. Grand Lodge of Int'l Ass'n., 584 F.2d 308, 315 (9th Cir. 1978), cert. dismissed, 441 U.S. 937 (1979) . . . from which it quoted the discernable standard applicable in the Ninth Circuit and applied by this court in this case:
Litton's Achilles Heel on this record is its insistence on postponing identification or description of such a broad universe of thousands of unidentified trade secrets as to require an extraordinary sweeping injunction entitling it to veto disclosures necessary to Sundstrand's conduct of its business.
The district court's denial of the injunction and this court's affirmance of that denial on appeal should not, of course, prejudice, presage, or influence the outcome of the trial on the issue of misappropriation.
* * *
[After discussion, the court concludes that the district court did not simply "rubber stamp" Sundstrand's proposed findings.]
(2) The Burden
Litton had the burden of demonstrating either a combination of likelihood of success on the merits and irreparable injury or that, serious questions being raised, the balance of hardships tipped sharply in its favor.
The district court applied the proper standard. It initially applied the first test and determined that Litton had failed to establish a likelihood of success on the merits. Recognizing that a serious question had nonetheless been raised, the court went on to find that the balance of hardships tipped sharply against a grant of the injunction.
Litton argues that the district court imposed a burden of demonstrating certainty. The argument is meritless. The court said at the May 30 hearing:
The parties' arguments on appeal succeed only in confirming the district court's "toss up" evaluation of the evidence on the merits. Because of Litton's burden, however, its arguments have been given careful consideration.
In seeking to overturn the district court's determination that it had not shown a likelihood of success on the merits, Litton relies on these alleged facts: (1) former Litton employees now work for Sundstrand; (2) some former Litton employees have documents acquired at Litton; and (3) six of the hundreds of items used in manufacture and testing of Sundstrand's RLGs bear resemblance to items used by Litton. The argument, relying as it does on implications and assumptions, is not persuasive.
The record establishes that employee mobility is common in the industry, particularly in relation to manufacture and sale of RLGs. Employers other than Sundstrand have employed former employees of Litton. Litton itself hired many former employees of competitors making RLGs. A competitor other than Litton hired two former Sundstrand employees and solicited other Sundstrand employees.(2) Employees must remain free to change employment. Though they must not take or convey a former employer's trade secrets, the court cannot assume from the mere fact of transfer that they have done so. Litton makes much of Sundstrand's "rapid" and "wizard-like" development of an RLG. Sundstrand counters with the hundreds of RLG patents and publications, the years during which RLGs have been marketed, and its $12,000,000 development effort. The disputed inferences again merely reflect the balanced nature of the present record on the merits.
With but two innocuous exceptions, none of the documents retained by former Litton employees appears to have ever been used. The exceptions were a drawing of part of a no-longer-used alignment stand and an obsolete Litton proposal. Litton cites testimony of one of its witnesses on use of retained documents and Sundstrand cites contrary testimony of two of its witnesses. We do not sit to review testimony de novo, nor can we say the district court should have credited Litton's witness and disbelieved those of Sundstrand. The record appears clear that no retained document was used after Sundstrand purchased Optec in March 1982.
That six items used in manufacturing and testing RLGs at Litton resemble corresponding items at Sundstrand does not in itself so establish existence of trade secrets or their misappropriation as to require a reversal in this case. It would be surprising if there were no resemblance between items used by two competitors to manufacture and test the same type of product.
Indeed, Litton's arguments on appeal appear to assume resolution in its favor of the threshold issue, i.e., whether trade secrets are in fact present. The Supreme Court has said that "those against whom an injunction is issued should receive fair and precisely drawn notice of what the [*958] injunction prohibits." Granny Goose Foods, Inc. v. Brotherhood of Teamsters, 415 U.S. 423, 94 S.Ct. 1113, 444, 39 L.Ed.2d 435 (1974).(3) The district court did not err in determining that Litton had failed to carry its basic burden of pleading and showing facts that establish the existence of subject matter capable of protection as a trade secret in the manner provided for in the requested injunction.
Litton faults the district court for not making specific findings on whether any trade secrets were misappropriated, whether and why Sundstrand disclosed trade secrets(4) and might do so in future, why Sundstrand stipulated to the TRO if a preliminary injunction would be so onerous, and why Sundstrand suffered no hardship for five months. The allegation need not detain us long. The district court was at full liberty to draw adverse inferences from what it saw as Litton's failure to list its thousands of claimed secrets and to credit, for the purposes of the motion, Sundstrand's showing of a likelihood that what Litton was calling trade secrets was more likely to prove public knowledge at trial. That Sundstrand was in the development phase of its RLG business during the TRO period defeats Litton's attempt to argue that a stipulated TRO guarantees entry of a corresponding preliminary injunction.
The district court was equally at liberty, in viewing the sweeping relief sought by Litton as unjustified, to determine from the patents, reports, articles, and declarations in the record that at least the broad categories of information referred to by Litton as constituting its trade secrets could well be found at trial to constitute matters of public knowledge.
* * *
The primary authority cited by Litton, Clark v. Bunker, 453 F.2d 1006, 172 U.S.P.Q. (BNA) 420 (9th Cir. 1972), holds that a trade secret cannot consist of information that is common knowledge, even where the information is imparted in the context of a confidential relationship:
K-2 Ski Co. v. Head Ski Co., 506 F.2d 471, 183 U.S.P.Q. (BNA) 724 (9th Cir. 1974) and Tri-Tron Int'l v. Velto, 525 F.2d 432, 188 U.S.P.Q. (BNA) 177 (9th Cir. 1975), cited by Litton, are clearly distinguishable. The courts in those cases weighed the evidence and determined [*959] that the trade information, a ski laminating technique and an electromagnetic scaling process respectively, were [sic] unique and not generally known in the respective trades. On the present record, the district court's determination that Litton had not sufficiently shown that the information it seeks to protect is unique and generally unknown in the trade to establish a likelihood of success must be affirmed.
Thus Litton has not shown on this appeal that the district court erred
in determining that a likelihood of success on the merits had not been
so established by Litton as to warrant a grant of the particular preliminary
injunction sought.
Litton cites American Eutectic Welding Alloys Sales Co. v. Rodriguez, 480 F.2d 223 (1st Cir. 1973), in which it was held that a petitioner does not have to demonstrate that it has already suffered irreparable injury. The court went on to hold in that case, however, that a petitioner does have to demonstrate that, without the requested relief, irreparable injury would occur. The district court here did not require proof of existing injury, and Litton's failure to establish existence of its thousands of trade secrets constituted a failure to carry its burden of showing an imminent irreparable injury that was real and concrete.
The district court found: that the hardship Litton would incur if the injunction were denied is "that its trade secrets might be made public" (emphasis the court's); that Litton had "not demonstrated it would suffer irreparable harm if the requested relief is not granted"; and that "insofar as Litton may prove some culpability upon a part of the defendants, the harm, if any, may be compensable by damages". We cannot say, on the entire record, that those findings are clearly erroneous.
It is not the law that a preliminary injunction against use or disclosure of trade secrets can never be obtained. One who misappropriates the trade secrets of another is not free to use or disclose them. An injunction against use and disclosure of a secret that has been shown to have been misappropriated would preserve and not alter the proper status quo under the law. Litton's basic difficulty in showing irreparable harm lies in the determination by the district court that it failed to establish a likelihood that it would at trial succeed in proving the existence and misappropriation of trade secrets such as would warrant the type of injunction sought. Hence, its repeated assertion that the preliminary injunction it seeks is required to prevent a non-recoverable loss of its trade secrets, and thus to prevent an injury not reparable in damages, cannot prevail in light of the present record.
An injunction should not be granted if its impact on the enjoined party would be more severe than the injury the moving party would suffer if it is not granted. The parties here agree that the test is "relative hardship to the parties." Benda, 584 F.2d at 315. [*960] Litton describes Finding No. 12 (on injury to Sundstrand) as the "key finding". In view of the "serious question on the merits", it can be said that the decisions of the district court and of this court turn primarily on a fair evaluation of relative hardship.
The district court found that entry of the preliminary injunction sought by Litton would be catastrophic to Sundstrand and its units. The specificity of the district court's findings illustrates its evaluation of the voluminous record in determining that the balance of hardship tips sharply against granting the injunction.
Mr. Meldrum, Vice President and General Manager of the Instrument Systems Division of SDC, stated that continuation of the TRO or issuance of the preliminary injunction would be devastating for Sundstrand. Similarly, Mr. William R. Kopp (Kopp), the Group Vice President responsible for SDC, Global, and Optec, stated that the consequences would be devastating if Optec were to be prevented from continuing to develop its product, a result that would occur if it could not freely communicate with potential and existing customers and suppliers. Failure to deliver RLGs, said Kopp, would result in breach of existing sale contracts and loss of $12,000,000 of investment, would directly impact 350 jobs, and would cause the loss of over $60,000,000 in projected sales over the next five years.
Litton argues strenuously that its requested injunction would not prevent Sundstrand's use of Litton's secrets, but only their disclosure, and that its "clearance" mechanism would enable Sundstrand to disclose enough non-secret information to compete for sales. The argument has a superficial ring of logic, but that ring is muffled by the actual workings of the involved marketplace. Litton and Sundstrand are competitors and are required to disclose their technology to customers and prospective customers, to vendors of components used in RLGs, and to the Federal Aviation Administration (FAA). The requested injunction would require Sundstrand, which is new in the field, to conduct its business with Litton looking over its shoulder, reviewing and then approving or vetoing every communication of Sundstrand concerning RLGs. It would require Sundstrand to refuse or defer answers to customer's, supplier's, and the FAA's questions until Litton's permission could be obtained. It would entail, or at least risk, disclosure to Litton of any secrets that may be developed on its own by Sundstrand.
As the district court noted, Sundstrand would be at risk of contempt if it disclosed anything not permitted by Litton, and the parties would have to return to court to safely settle every dispute over whether a particular disclosure should be permitted. Litton's argument rests on an assumption that "use" means use only in manufacturing, though its failure to specifically identify its thousands of secrets precludes acceptance of even that assumption on this record. The argument rests on the further assumption that Litton does have trade secrets and that they are of a type that are normally subject to disclosure in attempting to sell RLGs, in obtaining parts, and in gaining government approval. Thus the requested injunction would limit use in each of those activities, and Litton's argument that no evidence supports the district court's finding that the injunction would risk loss of sales and jobs at Sundstrand is without merit.
Equally without merit is Litton's argument based on the two uses of the approval mechanism during the five months of the TRO, while Sundstrand was preparing to market RLG's. As above indicated, one such use involved a general information sheet that had been widely disseminated before entry of the TRO. The other involved a government report tailored by Sundstrand to conceal details of its own current research. There is no basis in the record for Litton's assertion that experience under the TRO establishes a til[t] toward it in evaluating the relative hardships involved in the denial or grant of the requested injunction.
[*961] Litton relies heavily on Syntex Ophthalmics, Inc. v. Tsuetaki, 701 F.2d 677, 219 U.S.P.Q. (BNA) 962 (7th Cir. 1983), the only case it cites involving a preliminary injunction somewhat similar to that sought here. In Syntex, however, the injunction dealt with a narrow and carefully described "procedure for manufacturing silicone monomers" and "casting with polymer rods using silicone monomers". The only disclosure involved was at the election of the enjoinee which, if in doubt, could approach the court. The limited and specified trade secret area in Syntex cannot be compared to the "thousands" of unidentified trade secrets in this case; nor can the limited disclosure provision of the injunction in Syntex be compared with the requirement for pre-clearance of all disclosures in the preliminary injunction sought here.
The foregoing discussion confirms the correctness of the district court's denial of an injunction pending appeal in view of the greater relative hardship that would befall Sundstrand.
The function of preliminary injunctive relief is to preserve the status quo pending a determination of the action on the merits. The status quo to be preserved is that state of affairs existing immediately before the filing of the litigation, the last uncontested status which preceded the pending controversy. Tanner Motor Livery, Ltd. v. Avis, Inc., 316 F.2d 804, 809 (9th Cir.), cert. denied, 375 U.S. 821 (1963). In Tanner the Ninth Circuit dissolved a preliminary injunction on the basis that ". . . it is not usually proper to grant the moving party the full relief to which he might be entitled if successful at the conclusion of a trial. This is particularly true where the relief afforded, rather than preserving the status quo, completely changes it."
The injunctive relief sought by Litton, barring Sundstrand from disclosing to anyone any aspect of RLG technology except those aspects that might be permitted by Litton's designee, would not preserve the status quo. Before this litigation was brought, Litton and Sundstrand were free to compete in the manufacture and sale of RLGs and products utilizing RLGs. Neither had to "clear" with the other its disclosures to customers, prospective customers, suppliers, or the government. Had the requested preliminary injunction been entered, that state of competition, that "status quo", would have been drastically altered.
Litton argues for maintenance of a post-complaint status quo, namely, the state of affairs after the district court entered the TRO. That status quo would of course be preserved by the requested preliminary injunction which contains the same restrictions as the now-dissolved TRO. However, a status quo created by a TRO is not the status quo which preliminary injunctions are designed to preserve. If it were, every TRO would automatically entitle every petitioner to a grant of a preliminary injunction identical to the TRO.
The district court determined that the prelitigation status quo would best be preserved by permitting the parties to return to the state of free and untrammeled competition in the marketplace existing before the TRO was entered. * * * [*962] Each party will pay its own costs and attorney fees. Affirmed.
1. [court's foonote 1] Each side accuses
the other, unfortunately with some justification, of misstating the record.
Each side at various points argues "past" the other, simply ignoring
arguments, authorities, and facts cited. Those practices disserve
the purpose of briefs, which is to aid the court in reaching a correct
and just decision; on the contrary, they unnecessarily burden the court
with no counteravailing advantage. The court will not under such
circumstances undertake the further burden of balancing the abuses, but
will leave each side to bear its own costs and attorney fees.
Back to Text
2. [court's footnote 2] Messrs. Zingery,
Hostetler, Hutchings, Babcock and Hemmingson all worked on a competitor's
RLG project before moving to Litton where they developed its RLG. Since
then, Messrs. Zingery, Hemmingson and Babcock have left Litton to work
for third parties making RLGs. Messrs. Kalb and Ammons and Ms. Armendula
made mirrors for Litton and have since gone to three separate competitors,
where they make mirrors. Mr. Lysobey, now in charge of one facet
of Litton's RLG effort, spent five years with two competitors developing
ring laser gyros before he joined Litton. Messrs. Chechile, Butler
and Norvell came to Litton after working on RLGs at three different competitors.
Mr. Norvell has returned to his former employer. Litton hired
RLG scientists from a competitor which in turn hired RLG scientists from
Back to Text
3. [court's footnote 3] The district
court, in its Conclusion No. 4, said that "ordinary a preliminary injunction
will not issue in a trade secrets case until the alleged trade secrets
have been identified with sufficient particularity to satisfy Rule 65
of the Federal Rule of Civil Procedure". Sundstrand's argument that
the injunction Litton seeks would violate Rule 65 merely confirms the
existence of a "serious question on the merits" found by the district
court. We need not, as the district court did not, determine the
applicability of Rule 65 in view of our affirmance of the district court's
finding on relative hardship.
Back to Text
4. [court's footnote 4] Litton says
Sundstrand disclosed a passive alignment system before the complaint was
filed. The injunction sought, however is not against disclosure
of that or any other particular secret. It is an injunction requiring
submission by Sundstrand of every disclosure it wishes to make. Litton
notes that an injunction against disclosures already made would be futile.
Back to Text


text:
Donald Trump's second wife, Marla Maples, has always been a bit of joke. a high-profile divorce relegated Marla to a footnote in yesterday's news. was there to support her daughter, the seldom-mentioned Tiffany Trump, who . And in while Donald was firing contestants on his runaway hit, The.
News · Sports · Life · Money · Tech · Travel · Opinion .. Donald Trump's daughter , Tiffany, shared a time in her life when her is an Ivy League grad, a minor Instagram celebrity followers!) and a Tiffany Trump comes from his relationship to his second wife, Marla Maples, a once-aspiring actress...
Celebrity news tiffany trump donald trumps daughter hits with marla maples flyingShared a rather racy snap of her push up bra. Tower, overlooking Central Park. Got something to prove? It is one of. Dan Edgar dating drama. Bella Hadid suns herself in a thong in Miami as hundreds remain stranded at the festival she promoted. But on Friday, his other daughter, Tiffany, finally broke her silence about her relationship with her father and his presidential campaign.
Tiffany Trump Makes First White House Visit
Celebrity news tiffany trump donald trumps daughter hits with marla maples going
Whatever Happened to Trump's Second Wife, Marla Maples? Ingenious gadgets to keep an open bottle fresh for two weeks. Meet Tiffany Trump, Donald and Ex Marla Maples' Daughter... Donald Trump invited Ivanka, who has no security clearance, to join him.


text:
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Author Archives: Mike Lee
The wreck of the Niagara – a clear and present danger
Readers of this site will be aware of the concerns I have been raising about the scale of pollution of our inner harbour and streams from sewage- contaminated stormwater. While the problem has been down-played by officialdom for years, thanks … Continue reading
Harbour ferry Kestrel and our waterfront in danger from bureaucratic group-think
The announcement by Ports of Auckland chairwoman Liz Coutts that it was 'no longer acceptable' for the port to reclaim the harbour was the most sensible utterance from any city leader on this subject for some time. But while Mayor … Continue reading
Parnell Heritage Station – a work (of art) in progress
After years of delays Parnell Station finally opened in March – but for Southern Line services only. Western Line and Onehunga trains don't stop during weekday working hours, and Auckland Transport (AT) management remains uncommunicative about when they will. Given … Continue reading
Conserving and restoring Auckland's precious heritage: Motukorea – Browns Island and the Parnell Station
When I last wrote about Motukorea – Browns Island in February, I promised to keep readers posted on progress – so here goes. To recap – after the island was rescued from the ignominious fate of becoming Auckland's sewage outfall … Continue reading
Time and patience running out for the Super City?
Auckland has had the Super City for more than six and half years now and for a lot of people it's starting to feel like a sentence. It should be recalled Aucklanders were never allowed to vote on this massive … Continue reading
Selling the port – selling out the people of Auckland
Mayor Phil Goff's intentions regarding the Ports of Auckland always struck me as quite ambiguous. While he has been free with comments about wanting to physically move the port… to the Firth of Thames, to the Manukau Harbour, to … Continue reading
The planned sell-out of Ports of Auckland – and why selling is losing
The Spinoff series. Storm in a Port series One would have hoped given all the problems Mayor Phil Goff has right now, the unhappy progress of his 'bed tax' for example and his council's own systemic problems, with only 18% … Continue reading
Auckland Transport's March of Folly
Historian Barbara Tuchman's acclaimed March of Folly – from Troy to Vietnam published in 1985 was about 'the pervasive presence, through the ages, of failure, mismanagement, and delusion in government – contrary to its own self interest.' I think about … Continue reading
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Here come the Coalition: history repeats as citizens step up to protect the harbour
The mid-March storms revealed just how stretched Auckland's civic infrastructure has become. More 'chickens coming home to roost' after years of council and government high population growth policies for Auckland. While the irony of water restrictions after very high rainfall … Continue reading
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The cost of high growth – the dirty secret Auckland council would rather you not know about
It came as a shock to most Aucklanders when the NZ Herald recently revealed the scale of stormwater-driven sewage regularly overflowing into the harbour. The source is mainly from the western side of the CBD (call it greater Ponsonby) but … Continue reading
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text:
Alfred's Kid's Electric Guitar Course, Complete Starter Pack (Electric Guitar, Amplifier, Lesson Book, CD, DVD, Interactive Software, Tuner, Carrying Case, Picks). From Alfred Music Publishing, the worldwide leader in music education products since 1922, comes Alfred's Kid's Guitar Starter Pack: Everything You Need to Play Today. This award-winning, bestselling, complete starter pack includes a high-quality 3/4-size Firebrand electric guitar with strings included, deluxe accessories including a gig bag carrying case with straps, a Firebrand portable electronic tuner with batteries included, a set of Firebrand guitar picks, and Alfred's Kid's Guitar Course (Book, CD, DVD and Software), the world's bestselling multimedia instruction series for kids. High-quality 3/4 size Firebrand electric guitar with agathis body, polyurethane finish and traditional Fender-style double cut-away body, maple C-shape neck, and a rosewood fingerboard. Deluxe accessories including a 10-watt amplifier, custom-fit electric guitar gig bag carrying case, electronic tuner (batteries included), and a set of 3 guitar picks.Award-winning, bestselling Kid's Guitar Course includes colorful 48-page book; CD with audio tracks, software (PC/Mac) with interactive guitar tuner and chord dictionary, play-along song player; and DVD featuring lessons from a professional guitar teacher. Every product arrives in a highly attractive, gift-ready, durable, full-color premium box. Alfred Music is the worldwide leader in educational music publishing. The item "Alfred's Kid's Electric Guitar Course, Complete Starter Pack Electric Guitar, A" is in sale since Tuesday, November 01, 2016. This item is in the category "Musical Instruments & Gear\Guitars & Basses\Beginner Packages\Acoustic Guitar". The seller is "da_bella_llp" and is located in Multiple Locations.
This item can be shipped to United States.


text:
Einstein Bros.'s Espresso Buzz Bagel isn't the caffeine jolt you're looking for
By Tim Carman, The Washington Post
Perfect for the busy professional who wants coffee and a bagel on the drive to work, without the usual worry of drink drippage, Einstein Bros. has introduced the Espresso Buzz Bagel. It's a soft, brooding round, as dark as pumpernickel, that contains 32 milligrams of caffeine.
You'll need to eat about five of these bloated rounds to equal the caffeine content of a single two-ounce pull of Starbucks' espresso. Good luck with that, and don't forget what cookbook author Michael Ruhlman recently wrote for The Washington Post: Refined grains can be as hard on your body as sugar.
I'm trying to imagine the meeting between Einstein Bros. test-kitchen chefs and the executives who ultimately greenlighted the Espresso Buzz Bagel:
Chef: We've developed a bagel that will make your morning coffee obsolete!
Executive: I like coffee.
Chef: Of course. We all like coffee. But who has time for it anymore? Plus, when you're driving, how many times have you spilled coffee on your freshly laundered white shirt?
Executive: I never drink coffee and drive.
Chef, getting nervous: That's smart. Really smart. But America is not as disciplined as you, and they're lazy. They can't drive to the grocery store without checking their Facebook app 10 times and uploading two photos to Instagram while sucking down a grande coffee from Starbucks. This bagel will help American consumers save millions on dry-cleaning bills.
Executive: Sold.
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Einstein Bros. launched the caffeinated round just ahead of National Nurses Week, so that on May 11, the company could give every nurse an "Espresso Buzz Bagel and shmear to jump-start their day or give them a boost after a long night on the job." No doubt a stack of the caffeinated bagels has replaced the coffee machine in every emergency room across the country.
Actually, the Espresso Buzz Bagel is just the latest way to inject caffeine into your system. For those who don't like the bitterness of coffee or don't have the patience to steep their own tea, companies have developed countless products to get their blood pumping with caffeine. There are soft drinks, of course, but there are also caffeinated bracelets, soap, gum, toothpaste, bottled water, hot sauce and face wipes, to name a few. Personally, I'm holding out for a caffeinated …
Source:: The Denver Post – Lifestyle