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Rate Setting, Asset Management and Financial Sustainability. A guide for local governments June 2013
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1 Rate Setting, Asset Management and Financial Sustainability A guide for local governments June
2 Rate Setting, Asset Management and Financial Sustainability A guide for local governments June 2013 Prepared by: Department of Local Government Gordon Stephenson House 140 William Street PERTH WA 6000 GPO Box R1250 PERTH WA 6844 Tel: Fax: (08) Freecall: (Country Only) Web: Translating and Interpreting Service (TIS) - Tel: All or part of this document may be copied. Due recognition of the source would be appreciated.
3 1 Introduction The purpose of this paper is to allow consideration of all the options currently available to local governments when planning their budgets and setting rates in preparation for a new financial year. Local governments typically are asset rich but income poor, with far more assets to manage relative to income than other spheres of government. Most of these assets are long-lived and require increasing maintenance as they age and eventually need replacement. Strong financial and asset management planning is therefore essential if local governments are to sustain the services that their communities want and need, and remain financially viable. Improving the financial sustainability of local governments has been a major focus for both the Commonwealth and State Governments over recent years. It is recognised that, in most cases, local governments rely primarily for their own-source revenue on: Raising rates is an option that needs to be weighed against alternative actions that can potentially achieve similar budget outcomes. (1) property taxes (i.e. rates); and (2) the sale of goods and services (i.e. fees and charges). It is also acknowledged that, for a variety of reasons, there are constraints on local governments from broadening their revenue sources. The policy settings around local government revenue raising capacity continue to be reviewed at both a state and national level. Similarly, the restrictions on certain fees and charges that local governments can set for service delivery are also under review on a case-by-case basis. This paper does not explore these broader questions but focuses on the mechanisms available at present to local governments to address the twin requirements of asset management and financial sustainability in their budget planning. Increasing annual rates is an understandable response to predicted shortfalls in revenue and may form part of a strategy to address asset and financial sustainability issues. However, it is an option that needs to be weighed against alternative actions that can potentially achieve similar budget outcomes with less immediate and direct negative impacts on the community. Ultimately, assets and services are delivered to meet the needs of the community. It is essential that local governments actively engage their communities to foster a greater understanding of the costs associated with maintaining assets and delivering services. It is also essential that local governments set service delivery levels in consultation with their communities and obtain agreement on strategies that seek to address asset funding gaps through significant rates increases. 1
4 2 Integrated Planning and Reporting Good asset management ensures that local governments have the financial capacity to deliver community priorities. The Department of Local Government has implemented the Integrated Planning and Reporting Framework (IPR) across the State to address identified long-term sustainability issues within the local government sector. The Framework, together with the associated guidelines and Advisory Standard, was developed to assist local governments in developing Strategic Community Plans, Corporate Business Plans and associated supporting plans (Asset Management, Workforce and Long Term Financial Plans). Local governments are required to have developed and adopted a Strategic Community Plan and Corporate Business Plan by 30 June This planning process will provide direction to councils in determining their budgets for the coming year and subsequent years. The Strategic Community Plan results from a process of extensive community engagement that sets out the community s aspirations and service requirements. The community can contribute further to this Plan when it is reviewed every two years. A local government s approach to asset management and financial planning is therefore informed by, and in turn informs, the service requirements and service levels needed to meet community expectations and strategic priorities, as expressed in the Strategic Community Plan. Good asset management ensures that robust Long Term Financial Plans and Annual Budgets are developed and that local governments have the financial capacity to deliver these priorities into the future. Comprehensive asset management planning will highlight the age and condition of a local government s stock of physical assets. This should result in a determination of the financial costs associated with the maintenance and renewal of the local government s asset portfolio. The Department is aware that, as some local governments complete their Asset Management Plans and Long Term Financial Plans, they may identify significant unfunded asset gaps. This may, in turn, reveal that some local governments are in a financially unsustainable position. Such local governments may find themselves under increased pressure to consider large rate increases in their coming budgets, specifically to meet these asset replacement and renewal gaps. These gaps have developed over time and may need to be addressed over the medium to long term. Rate revenue is generally the largest discretionary revenue source available to a number of local governments. Within the parameters of the Local Government Act 1995, it is open to local governments to set rates to address unfunded asset gaps. However, this solution may not be sustainable and should be considered in consultation with the community. Following large rate increases, community expectations will often be that service delivery levels will increase. The community may not be sympathetic to increased rates to pay for previously committed asset maintenance and replacement. 1 Integrated Planning and Reporting Framework and Guidelines, Department of Local Government, Western Australia, In Our Hands: Strengthening Local Government Revenues for the 21st Century - Working Paper, Australian Centre of Excellence for Local Government, February
5 3 Strategies for reducing unfunded asset gaps Substantial rate increases or spending cuts may be avoided if a council s long-term finances are sustainable. The following strategies could be considered by local governments looking for ways to effectively manage their assets while still providing the level of services expected by the community. 3.1 Review services provided and levels of servicing Local governments provide services that benefit the whole community or a particular section of the community. The scope and nature of these services vary significantly between local governments. Service delivery and service levels should be considered as part of long term financial planning and asset management. The process should identify the existing services and level of service delivery. Further analysis of the services provided may identify: services provided that are rarely used or no longer required; over-servicing, for example services provided more often than required; services that may be provided in another way using up-to-date technology; services that could be more effectively provided by others; services that could appropriately be delivered via user pays; alternative service delivery models, for example leasing or shared service arrangements; services that do not need to be resourced at the current level; and services that are of low priority where consideration could be given to focus on higher priority services. Local governments can revisit and review defined service levels to provide the community with the level of service defined in the strategic plan in the most cost effective way. A council s finances are sustainable in the long term only if its financial capacity is sufficient for the foreseeable future to allow the council to meet its expected financial requirements over time without having to introduce substantial or disruptive revenue (and expenditure) adjustments 3. A review of level of services will place a local government within the asset management matrix. 4 MAINTAINING ASSET SERVICE DELIVERY LEVELS SERVICE LEVEL H L L OPTIMAL SERVICE LEVEL Assets Under Serviced Increase Service Level $ COST Over Serviced Review Reduce Service Levels Poor Service Levels Eliminate Replace Repair Asset H 3 The Journey: Sustainability into the Future, WALGA Systemic Sustainability Study, Asset Management - Managing Service Delivery Department of Local Government,
6 3 Strategies for reducing unfunded asset gaps All councils, including those that have capacity to raise more revenue, need to equally consider whether expense reductions through efficiency improvements and service level reviews may be at least part of the answer to both their own financial challenges and to deliver optimal value to their citizens and ratepayers Review services provided and levels of servicing (continued) In some cases, local governments will conclude that services which rely on assets that cannot be maintained and replaced affordably must be discontinued or provided by other entities. Adjusting service delivery levels or methods can be a difficult decision for local governments. Agreeing service delivery levels with the community is essential to achieve a fit between what local governments can afford to deliver and what the community would like them to deliver. 3.2 Review, refine and verify asset management strategies and plans Asset management is an area where many local governments may now be facing challenges in infrastructure renewal/replacement backlog. Improving asset knowledge can provide useful data on how assets are performing, their condition and whether they are providing the required service levels. The following strategies may provide additional information that can further refine asset management plans. Undertaking these strategies may identify opportunities for reducing costs whilst still maintaining assets to the required standard and providing the services expected by the community Verify Asset Registers The cost of asset maintenance and renewal is directly related to the number and type of assets that a local government controls. Care should be taken to ensure that the local government s asset register (which records all assets and their location, acquisition, disposal, transfer and other relevant transactions) is up to date Conduct independent asset condition assessments (in situ inspections) Condition of some asset classes, for example infrastructure, will vary depending on circumstances and usage. Sound assumptions can be developed and more accurate information on asset lifecycle and maintenance costs can be obtained by a physical inspection of assets and an exploration of alternative maintenance and renewal methodologies Apply differential renewal cycles for different asset classes Different asset classes will have varying renewal cycles and this should be reflected in Asset Management Plans. In addition, an asset management system can be utilised to further break down assets into respective components to better reflect renewal cycles. For example, air conditioning in a building will have a much shorter renewal cycle than the actual building. 5 In Our Hands: Strengthening Local Government Revenues for the 21st Century - Working Paper, Australian Centre of Excellence for Local Government, February
7 3 Strategies for reducing unfunded asset gaps Effective Use of Data and Systems The Department s Asset Management Framework and Guidelines notes that effective collection and analysis of asset data can assist in the development of efficient maintenance and capital works programs. The calculation and interpretation of local government asset performance against the asset ratios, as set out in the Department s Integrated Planning and Reporting Advisory Standard, can provide good indications of the aged condition of the local government s asset stock and whether investment in maintenance or renewal is required. It can also illustrate whether the local government is under or over investing in its assets, and whether it has the financial capacity to fund asset renewal as required and can continue to provide existing levels of services in the future, without additional operating income, reductions in operating expenses or an increase in net financial liabilities. Improving asset knowledge can provide useful data on asset performance and condition Review depreciation methodologies to better reflect actual usage Straight line passage of time depreciation methodologies are often used to depreciate assets. However, for some assets, a different methodology such as actual usage may be a better measure. For example, a vehicle may be depreciated at a cost per kilometre to reflect consumption of that asset Identify surplus or low-use assets for disposal where appropriate A review of assets held may identify assets that are no longer used as a result of changes in community demands. Accordingly, these assets should be disposed of Identify other service delivery options Certain local government assets may be better suited to alternative ownership structures, including corporatisation or privatisation. Not only can this provide revenue for local government, but transferring the management of assets to corporate entities can provide access to new skills, asset and risk management processes, and independent strategic planning. 7 A review of assets may identify circumstances where services could be better provided to the community by others. Assets associated with delivering such services may no longer be required by the local government in the long term Identify assets that could be shared with other local governments or organisations A review of assets may identify high cost/low usage assets such as some machinery that could be shared between organisations or with neighbouring local governments. 6 Integrated Planning and Reporting Advisory Standard, Department of Local Government, Strong foundations for sustainable local infrastructure, Ernst and Young,
8 4 Strategies to Increase Revenue The public good/ private good characteristics of services should be considered when reviewing fees and charges. 4.1 Review fees and charges Fees and charges represent an opportunity to recoup the costs associated with providing goods and services. Although the fee or charge imposed for some services is limited under the Act, and other relevant legislation, the setting of fees and charges is generally at the discretion of the local government. Many local government services are provided for a community benefit (e.g. recreation facilities) and full cost recovery is not applied. Consideration should be given to the public good/private good characteristics of the services provided and used in reviewing the extent to which fees and charges recover service costs. For example, fitness facilities where an entrance fee is charged have more private good characteristics than a park where it would be difficult to limit access. An accurate analysis of services provided and associated costs for delivery of services would provide useful information for determining appropriate fees and charges. 4.2 Rating levels Local governments set rates within a framework influenced by political circumstances and legislative requirements. Although a local government can set rates at whatever level it deems appropriate, market forces in the form of ratepayer backlash and capacity to pay issues provide a limit on rate increases. A compromise between service levels expected by the community and rate increases that would be tolerated is often necessary. Even a large increase in rates for a local government with a low rate base will not generate substantial revenue. The development or review of a local government s rate setting policy may identify rating improvement opportunities. For example, differential rating may provide an opportunity to increase rate revenue in a manner that is fair and equitable. 4.3 Optimise use of borrowings and cash reserves to fund major capital works Many local governments are reluctant to consider relying on debt to fund major capital works. However, developing a formal financial management policy that makes optimum use of borrowings and cash reserves to fund major capital works is a mechanism for spreading the cost of significant infrastructure across current and future generations. An organisation could have affordable service levels but not enough projected cash to accommodate forthcoming asset renewal. In this case it should simply borrow if necessary to accommodate this need. If it has reliably estimated long-run service level costs and generates sufficient revenue to meet such costs, then there will be periods where cashflow is in excess of asset renewal needs, enabling any borrowings previously raised to be repaid 8. 8 Practice Note No.6: Long-term Financial Planning (2012), Institute of Public Works Engineering Australia
9 4 Strategies to Increase Revenue 4.3 Optimise use of borrowings and cash reserves to fund major capital works (continued) Use of borrowing to finance upgrading or expansion of infrastructure can free up internal funding for financing the maintenance of assets. Local governments with high levels of growth may need to fund the development of infrastructure and borrow in the knowledge of future increases in rates revenue as a result of that growth. However, local governments should be careful to ensure that repayment periods do not exceed the life of the assets being financed. Implementation of the Integrated Planning and Reporting Framework will provide local governments with a clearer understanding of their long term financial position and may provide some local governments with the confidence to make greater use of debt. Local governments are able to borrow from the Western Australian Treasury Corporation (WATC) at rates that are generally more competitive than commercial alternatives. In order to assist local governments in accessing loan funds in the most appropriate and prudent manner, the WATC has established a Local Government Borrowing Kit to facilitate the loan approval process. Further information on the application process can be obtained from 5 Conclusion Local government financial sustainability is constrained by increased service delivery demands coupled with aging infrastructure. If this situation is left unchecked, many local governments will need to make hard choices. Debt management is viewed as both an indicator of financial performance and as a financing opportunity. Out of hand dismissal of debt as an appropriate source of funding is not a measure of prudence, but rather a failure to entertain an important opportunity for meeting defined objectives. 9 Substantially increasing rates revenue quickly without agreement from the community is not a sustainable option for many local governments. Residents are sensitive to the levies imposed by all levels of government and local government is not immune to concerns about perceptions of value for money. Even with increased revenue, insufficient planning for assets and inadequate appreciation of the full whole of life costs of assets will result in long term financial challenges. Integrated Planning and Reporting provides a means for local governments to plan and monitor assets and a means to inform local governments about the true cost of their asset maintenance and replacement commitments. Local governments have a further responsibility to manage their assets in a responsible manner on behalf of the community when difficult decisions to ensure financial sustainability are implemented. 9 The Journey: Sustainability into the Future, WALGA Systemic Sustainability Study,
10 6 References Integrated Planning and Reporting Framework and Guidelines, Department of Local Government, Western Australia, 2010 ( ) In Our Hands: Strengthening Local Government Revenues for the 21st Century - Working Paper, Australian Centre of Excellence for Local Government, February 2013 ( The Journey: Sustainability into the Future, Western Australian Local Government Association, 2008 ( Asset Management - Managing Service Delivery, Department of Local Government, Western Australia, 2011 ( Integrated Planning and Reporting Advisory Standard, Department of Local Government, Western Australia, 2011 ( Strong foundations for sustainable local infrastructure, Ernst and Young, 2012 ( Practice Note No.6: Long-term Financial Planning, Institute of Public Works Engineering Australia, 2012 ( 8
11 9
12 If you would like more information please contact us. Department of Local Government GPO Box R1250 PERTH WA 6844 Tel: (08) Fax: (08) Freecall: (Country Only) Website: Translating and Interpreting Service (TIS) - Tel:
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text: 5 Some protracted benzodiazepine withdrawal signs include: Persistent anxiety. Some other potential withdrawal symptoms that users may experience after they stop taking lorazepam include sweating, muscle cramps, vomiting, tremors, and abdominal pain Nov 04, 2017 · Short term Lorazepam use and withdrawal. Benzo Withdrawals – What Patients Say. Lorazepam is usually prescribed at dosages between . Common "benzo toxic" withdrawal symptoms include increasing cognitive impairments, anxiety problems, depression,. P. The timeline of benzodiazepine withdrawal symptoms depends on which kind of drug the person used, how long they used, and how large the dose was It is, however, usually reserved for severe poisoning, because it can cause withdrawal and seizures in people who are chronic benzodiazepine abusers, and also may require repeated administrations. The following is a list of possible symptoms; it is not a list of what you will suffer from during withdrawal. Duration of Withdrawal. Irritability. Below is a list of psychotropic drug withdrawal symptoms based on reports from individuals who were affected by withdrawal and have now healed, collated over the past 12 years. Ativan has a half-life of 10-12 hours on average, so withdrawal symptoms can start relatively quickly (within 24 hours) following the last dose. Opiate Withdrawal - Does anyone have unexpained pains and symptoms months after quitting oxycontin,? Unexplained aches and pains. We say perceived, because though it appears to the person that the effects are the same, the detriment to their body is not This second stage of the Ativan withdrawal timeline is when ativan and wellbutrin and alcohol people will find themselves experiencing full-blown mental, emotional, and physical symptoms including insomnia, muscle pain…. Although ativan has a withdrawal the way you are describing it sounds like something is going on with your stomach. Jaw Spasms, Legs and arms shake, Muscle twitching, Muscle spasms, Rigidness and jerks, Muscle aches, Muscle cramping, Muscle. This does not sound to me like withdrawal but almost the opposite like the ativan was masking the stomach pain and when you take away the ativan the stomach (GI system) acts up. These medications are classified by the Drug Enforcement Administration (DEA) as Schedule IV drugs Home Private Drug Detox and Withdrawal Programs Benzodiazepines Withdrawal What does benzodiazepine withdrawal entail? Irritability. More Symptoms Lists. Uses: Lorazepam is prescribed for Anxiety and Panic Attacks and is mostly mentioned together with these indications. Muscle pain, weakness, fear, cognitive imbalances, coordination problems, headaches, depression and many other symptoms. Muscle pain and stiffness; A host of perceptual changes; The severity of the withdrawal symptoms depends on amount and duration of benzodiazepine use. Ativan is a benzodiazepine medication prescribed to treat anxiety disorders, anxiety related to depression, anxiety before a medical procedure, seizures, irritable bowel syndrome (IBS), epilepsy, and insomnia, as well as …. December 9, Muscle pain and stiffness. If a symptom is persistent or you are worried by it, it is always a ativan withdrawal muscle aches good idea to get it checked out by ativan withdrawal muscle aches your doctor to ensure nothing else is going trazodone zolpidem interactions on. Cold turkey withdrawal often leads to more severe withdrawal …. December 9, Muscle pain and stiffness. Because they are depressants, they decrease your brain activity and normal central nervous system functioning, giving you a sense of calmness. Withdrawal symptoms can be deadly. Flu-like symptoms like muscle weakness or muscle pain. They decrease the activity in the brain and suppress the central nervous system, and they make users feel drowsy and calm Withdrawal symptoms associated with cessation of benzodiazepine usage include: "…sleep disturbance, irritability, increased tension and anxiety, panic attacks, hand tremor, sweating, difficulty in concentration, dry wretching and nausea, some weight loss, palpitations, headache, muscular pain and stiffness and a host of perceptual changes. Please go to your doctor about your stomach pain Benzo Withdrawals – What Patients Say. Benzodiazepine withdrawal can be dangerous, especially for users with severe dependence and those with pre-existing health issues. Contact Us if you need help to taper off of Ativan or have questions. Benzodiazepine Withdrawal Symptoms. Asked 11 Mar 2011 by navarone38 Updated 11 August 2017 Topics ativan, oxycontin, anxiety, muscle spasm, opiate withdrawal, pain, nausea/vomiting, diazepam, withdrawal…. Or you could try half a pill every …. Pain in the jaw and teeth is probably due to involuntary jaw clenching, which …. All withdrawal symptoms can be caused by things in addition to withdrawal. Difficulty concentrating. Lorazepam is a sleep medication and an anxiety medication ( benzodiazepine ). PROTRACTED 3. ". Called The Tranquillizer Recovery and Awareness Place (T. In addition, our data suggest that some patients take it for Withdrawal Symptoms and Insomnia, although this is not an approved use* Protracted Withdrawal From Benzodiazepines: The Post-Withdrawal Syndrome. Shaking. Observations of patients followed up for longer periods suggest that, at least in some individuals, typical benzodiazepine withdrawal symptoms, including paraesthesiae, sensory hypersensitivity, muscle spasms, and tinnitus as well as less specific symptoms such as anxiety,. Sleeplessness, irritability, and anxiousness are common withdrawal symptoms after halting lorazepam use. Often the signs of initial tolerance to Ativan are. PARADOXICAL 4. I would usually recommend you only drop by 10%. Lorazepam Withdrawal Symptoms and Signs, and Detoxification. Click here for more information and history of Ativan. Acute withdrawal may begin with a rebound effects that consist of a rush of anxiety, increased blood pressure, increased heart rate,. Benzodiazepines and cyclobenzaprine are used to treat muscle spasms. Acute withdrawal can start within 10 to 24 hours after the last dose is taken, however, the amount of time varies by person and may be longer or shorter for some.. I would drop by a quarter of a pill every 7-10 days, which will take you awhile to get off of. Fist of all, the drop was too fast. Visit the Benzodiazepine Symptoms List and Benzodiazepine Withdrawal Symptoms. As a person gains a tolerance for their benzodiazepine medication, they will find that they have to take a greater dose in order to equal the same perceived effects. Ativan Info and History. A. Headaches. You are unlikely to experience more than a few of these symptoms during withdrawal, and may tramadol 100mg depot flashback experience none at all Below is a list of psychotropic drug withdrawal symptoms based on reports from individuals who were affected by withdrawal and have now healed, collated over the past 12 years. ***Be sure to check with your doctor regarding any symptoms that are causing, discomfort or any pain or any concern at all Following detox and the more commonly experienced acute withdrawal period, some people may experience post-acute withdrawal symptoms (PAWS), also known as protracted withdrawal. R. Severe anxiety. Ativan Withdrawal. Nausea. ***Be sure to check with your doctor regarding any ativan withdrawal muscle aches symptoms that are causing, discomfort or any pain or any concern at all Is Benzodiazepine Withdrawal Dangerous. Benzodiazepines Withdrawal. The list below is an attempt to bring all those lists together Ativan (Lorazepam) Side Effects, Withdrawal and FAQs Home » Medications & Drugs » Benzodiazepines » Lorazepam (aka Ativan) Ativan (lorazepam) is classified as a benzodiazepine drug, prescribed in the treatment of anxiety, insomnia, seizures, and is also used in alcohol withdrawal to reduce the risks associated with alcohol cessation.. The timeline of benzodiazepine withdrawal symptoms depends on which kind of drug the person used, how long they used, and how large the dose was.. Difficulty concentrating. Withdrawal-like symptoms may also appear as a result of the physical tolerance that occurs in the central nervous system from chronic usage. Left unmanaged, withdrawal seizures may be progressive, difficult to control, and potentially lethal Withdrawal symptoms include tremors, increased heart rate, insomnia, and muscle cramps. Asked 11 Mar 2011 by navarone38 Updated 11 August 2017 Topics ativan, oxycontin, anxiety, muscle spasm, opiate withdrawal, pain, nausea/vomiting, diazepam, withdrawal…. Benzodiazepines are also used to treat insomnia, seizures, anxiety disorders, nervousness, panic disorders, alcohol withdrawal, status epilepticus, premenstrual syndrome, and as sedation during surgery Muscle symptoms. Headaches are usually of the "tension headache" type, due to contraction of muscles at the back of the neck, scalp and forehead - often described as a "tight band around the valium y orfidal head". Opiate Withdrawal - Does anyone have unexpained pains and symptoms months after quitting oxycontin,? Withdrawal symptoms can be particularly severe and prolonged for people who are heavy or long-time abusers of Ativan. Chronic insomnia. Serious symptoms caused by benzo withdrawal can include psychosis and seizures 6. To suddenly stop your benzo is known as "cold turkey". The average onset of withdrawal symptoms is 3-4 days. Difficulty performing complex tasks Ativan (lorazepam) Withdrawal Symptoms. This is sometimes referred to as being "benzo toxic". ACUTE 2. Benzodiazepine Symptoms List. 5 mg and 4 mg. Ativan Withdrawal and Tapering Help . Symptoms Of Benzodiazepine Withdrawal. Withdrawal from high doses of benzodiazepines: - confusion - delirium - fits Jaw, tooth, neck and shoulder pain Muscle wasting Muscle spasms Rapid weight loss Severe headaches Severe muscle rigidity. Headaches. Nausea. If you have been taking a benzodiazepine at a high dose or for a long period of time, you will be risking withdrawal seizures, and the usual treatment for these seizures is intravenous Ativan. Benzodiazepines are a commonly prescribed family of depressants that are generally used to treat general anxiety, insomnia, depression, panic disorders, ativan 2 mg farmacia san pablo seizures and acute stress reactions. There are several sites on the Internet that have lists of benzo withdrawal symptoms. The dosage may be adjusted as every person reacts differently to Lorazepam depending on …. _____ Definition: (n) Pain or throbbing in a given muscle or group of muscles Lorazepam and Muscle Pain. Ativan withdrawal symptoms can be quite distressing and include: 1,2,3 Irritability The Withdrawal Timeline of Klonopin. The symptoms, length, and severity of both physical withdrawal symptoms and psychological withdrawal ativan u33 from Ativan can vary significantly between individuals The Withdrawal Timeline of Klonopin. ) asked members of their benzo withdrawal forum to list benzodiazepine withdrawal symptoms they experienced. It is best to start with the lowest possible dosage necessary to relieve the symptoms of muscle spasms, back pain, and anxiety. 1. As the body adapts to Ativan and down-regulates the GABA receptors, the calming qualities lessen and the nervous system becomes hyper stimulated with increased anxiety, insomnia, muscle pain, weakness, fear, cognitive imbalances, coordination problems, headaches, depression and many other symptoms Ativan (lorazepam) Withdrawal Timeline. As an intermediate-duration drug, Ativan stays in a person's system for an average of 12 hours.

subset: commoncrawl


text:
Footed Pajamas Sleeper – 3 Packs Infant Girls Boys Cotton Long Sleeve Jumpsuit Newborn Romper Bodysuit Sleepwear Description
100% cotton super soft interlock cotton – these preemie Dino themed long sleeve printed bodysuits are perfect to wrap your precious baby in warmth and keep him happy. This super soft cotton spasilk bodysuit will be the only bodysuit your baby will feel comfortable in. Machine wash warm with like colors. Non-chlorine bleach when needed. Tumble dry low


text:
JASON Harborow, the new interim Chief Executive of the Liverpool Capital of Culture Company, will be guest speaker at a Sefton-based business group.
He will address members of Business Together - a networking club for senior decision makers - at the club's monthly meeting on Wednesday March 29 at the Floral Hall in South-port.
Jason said: "Our aim is that being European Capital of Culture will enable businesses across Merseyside to build on the already incredible work being done.
"In January, we launched with our partners, Business Liverpool and Business Link for Greater Merseyside, our very own business club, 08businessconnect, in response to business demands for support in the successful integration of business and culture.
"The creative industries sector alone on Merseyside employs over 20,000 people in more than 4,500 enterprises. This is just one key industry which stands to gain substantially from a successful 2008 with higher investment and significant job creation."
To book a place call the Business Together team on 01704 500733 or email email@example.com


text:
Event has ended
Wednesday, October 23, 2019, 9:00 AM - 5:00 PM CT
Thursday, October 24, 2019, 9:00 AM - 4:00 PM CT
Hyatt Regency Deerfield
1750 Lake Cook Road
Deerfield, Illinois, 60015
SolarWinds is pleased to offer our negotiated room rate at Hyatt Regency Deerfield for $189 per night + taxes/fees.
Reservations will be accepted for our room block until October 10, 2019.
Click here to book your reservation >>
Kevin M. Sparenberg
Head Geek
Kellie Mecham
Director, Product Marketing
Zack Mutchler
Technical Advisor
Group Product Manager
VP of Product, Application Management
VP, Product Strategy
Agenda & presenters are subject to change.
|8:00 – 9:00 am
|Doors Open and Continental Breakfast
|9:00 – 9:30 am
|Keynote: Tactics for Humans | Kevin M. Sparenberg, SWUG Master
Learn what your job truly encompasses as an IT professional in this enlightening keynote. Pivot your thinking, leverage your relationships, and embrace your goals as we provide you with the tools and techniques to be the IT pro we all know you are.
|9:30 – 10:00 am
|Monitoring as a Discipline | Leon Adato, Head Geek™
In this talk we'll take a look at state-of-the-art monitoring techniques and discuss their application to... well, your applications. We'll look at the skills, processes, and mindset of becoming a monitoring engineer and how sometimes it's worth calling in a specialist rather than trying it yourself.
|10:00 – 10:45 am
|What's New in Network Management? | Chris O'Brien, Group Product Manager, Network Management
Learn about the latest and greatest technology in the portfolio of network tools you know and love. And for the first time, hear some of the painful stories that got our team JAZZED about building new tech.
|10:45 – 11:00 am
|Snack/Refreshment Break
|11:00 – 11:30 am
|A Picture's Worth 1,000 Words: Visual Root Cause Analysis | Craig McDonald, VP, Product Strategy
Troubleshooting system and application problems comes down to knowledge: knowledge of what service is talking to what resource, what hypervisor is hosting the compute layer, what storage is attached to what server. Learn how SolarWinds is helping keep this information up to date and quickly surface problems in your infrastructure, thereby saving you time in troubleshooting.
|11:30 – 12:00 pm
|Partnering for Success: Help Me Help You | Ashelena Leveille, Customer Success Program Manager
Your company relies on you for a successful SolarWinds deployment. Help me help you spend less time digging through resources to find answers to your critical questions. We'll expose new pathways to help get you the information you need, when you need it to level up your SolarWinds game.
|12:00 – 1:00 pm
|1:15 – 2:00 pm
|How I Inherited Orion and Learned to Love Monitoring
Dave Lando | Sr. Systems Admin, EVERSANA
Are you starting a new job or at an existing job and are presented the opportunity to be the SolarWinds Administrator and have never touched SolarWinds before? You log in for the first time and see alerts going off, the software hasn't been updated in over a year, and overall stability is a question. What do you do? THWACK® MVP David Lando is going to share his story of how he went from SolarWinds greenhorn to blackbelt at EVERSANA, where he's still working on his metaphors.
|I Am SWQL and So Can You!
Zack Mutchler | Monitoring Engineer
Feelings of longing (for data) got you down? Have you always wanted to create a nifty Custom Query widget, but aren't sure where to begin? Does the mere mention of "SDK" leave you in cold sweats? Understanding the first step into the unknown is the hardest. This session will focus on introducing you to the venerable SolarWinds SDK and show you the basic data structures and syntax used by some of the most popular posts on THWACK. Get ready to gain a +2 to your Intelligence modifier adventurer!
|BYOQ - Bring Your Own Questions
SolarWinds Staff & Community Members
Harness the power of the THWACK community in person and bring your questions to our team. From MSP, to enterprise monitoring, to DevOps, experts and community members will be present to answer your burning questions. Do you want recommendations on migrating to a hybrid cloud? Do you need help with a report for your manager? Do you need to bounce an idea off a monitoring professional? Then this is the time and place for you. No question too big or small.
|2:00 – 2:45 pm
|How I Inherited Orion and Learned to Love Monitoring
Dave Lando | Sr. Systems Admin, EVERSANA
|I Am SWQL and So Can You!
Zack Mutchler | Monitoring Engineer
|2:45 – 3:15 pm
|Snack/Refreshment Break
|3:15 – 4:00 pm
|Knowing When to Upgrade, Migrate, or Scale Out
Mike Driskell | Technical Advisor
Migrating your monitoring infrastructure to new hardware doesn't have to be daunting. There are professionals and resources out there to help. In this session we'll bring in some of our technical experts and MVPs to help you understand when and how to upgrade, migrate, or scale out.
|The Island of Misfit Tools
Leon Adato | Head Geek
You wouldn't use a screwdriver to set a nail in wood, nor would you use a hammer to install tile in your bathroom. Having the right tool for the right job is paramount to get the results you need. Join this session as we open the SolarWinds toolbox and show you some of the often-overlooked tools you can easily add to your collection.
|4:00 – 4:45 pm
|Knowing When to Upgrade, Migrate, or Scale Out
Mike Driskell | Technical Advisor
|The Island of Misfit Tools
Leon Adato | Head Geek
|4:45 – 5:00 pm
|Day 1 Wrap & Prizes Raffle
|5:00 – 7:00 pm
|Raffle & Drinks Reception
|Doors Open and Continental Breakfast
|Keynote: Technical Empathy | Leon Adato, Head Geek
The terms "usability," "intuitive," and even "innovation" are inextricably linked with the perspective of the recipient, not the creator. Do we understand how the intended recipient of our DevOps goodness thinks? Do we know not only what they want, but how they want it? I'll define what technical empathy is; describe how having it enhances our design choices, smooths the road to execution, and leads to better outcomes; and provide ideas on how developers and engineers can build technical empathy in themselves and foster it within teams.
|9:30 – 10:00 am
|The SolarWinds Development Lifecycle | Kellie Mecham, Sr. User Experience Researcher & Chris O'Brien, Group Product Manager, Network Management
Have ideas for features or improvements? We want to know. Join us to learn how SolarWinds incorporates user feedback in every stage of the development cycle. See real examples of customer feedback and the changes it caused in product. Finally, get your chance to provide feedback live or get plugged in to provide feedback on problems you want solved.
|Two Sides of the Same Coin: Application Health and Performance From the User and Infrastructure Perspective | Jim Hansen, VP of Product, Application Management
We're smack dab in the middle of a digitalization era, and it's becoming increasingly challenging to effectively monitor the health and performance of our applications spanning hybrid cloud and on-premises infrastructures. In this session, we'll show you how the Application Performance Management portfolio of products can help you overcome this challenge to deliver a positive end-user experience.
|Snack/Refreshment Break
|Security Is Your Job, Too | Kathleen Walker, Director, Product Marketing
The IT threat landscape is changing constantly, and most companies don't have the luxury of a dedicated security team. Even if they do, the only way to keep your company safe is if everyone considers security part of their job. In this session we'll show you ways to lower your risk when budgets are tight—and ways to protect against ransomware, insider threats, account takeover, and more.
|Community Pick!
|Your Dashboards Are (Still) Bad:
And You Should (Still) Feel Bad
Nick Zourdos | Network Admin, National Heritage Academies
It's easy to make a bad dashboard, but it's also easy to make a good one. In this session we will discuss the tools and features within the SolarWinds Orion® Platform to help you create informative, efficient, and sharp-looking dashboards. We'll also look at the fundamentals of what makes up a quality dashboard, discuss some exciting new features to the Orion Platform, and take a peek at what the THWACK community has to offer to help us customize our dashboards even further.
|Let's Talk About Ransomware
Kathleen Walker | Director, Product Marketing
Over the last few years, ransomware has been all over the news and for good reason. It's turned into a multi-billion-dollar crime. Environments of all sizes have been targets. Anyone from the largest corporations to small organizations could be the next victim. In this session we'll discuss the possible attack vectors, how user training can help, security solutions to assist, and strategies for business recovery. We hope your organization is never a target, but if you are, we want you to have all the information and preparation possible.
|Bring Your Own Questions (BYOQ)
SolarWinds Staff and Community Members
Harness the power of the THWACK community in person and bring your questions to our team. From MSP, to enterprise monitoring, to DevOps: experts and community members will be present to answer your burning questions. Do you want recommendations on migrating to hybrid-cloud? Do you need help with a report for your manager? Did you need to bounce an idea off a monitoring professional? Then this is the time and place for you. No question too big or small.
|Your Dashboards Are (Still) Bad:
And You Should (Still) Feel Bad
Nick Zourdos | Network Admin, National Heritage Academies
|Let's Talk About Ransomware
Kathleen Walker | Director, Product Marketing
|Snack/Refreshment Break
|Tuning Your Alerts | Kevin M. Sparenberg, SWUG Master
Did you receive an alert that doesn't need your attention? Why? We'll be talking about the proper way to think about alerting in your environment. Not everything needs your immediate attention. Stop the onslaught of messages taking time and stealing productivity. After all, if everything's critical, then nothing's critical.
|Grand Raffle & Closing Remarks
When and Where
Start Time:Oct 23, 2019 9:00 AM CST (America/Chicago)
End Time:Oct 24, 2019 4:00 PM CST (America/Chicago)
Location:Hyatt Regency Deerfield, 1750 Lake Cook Road, Deerfield, Illinoi
Country:United States
Event Info
Event Type:Conference
Event Visibility & Attendance Policy:Open


text:
and welcome to our class! This is my fourteenth year teaching. This is
my fourth year at Weaverville Primary and and I am so excited about the 2017-2018 school
year. This is my fifth year teaching first grade! Things are going
great. We are working hard and learning something new everyday.
A little about Mr. Powell
received my BA in psychology from East Carolina University. In 2002
I completed the elementary licensure program at UNCA . I worked at
Johnston Elementary for ten years and now I am here at this wonderful
school where I get to play, sing and make a positive impact on my
student's lives.


text:
Prior to returning before Christmas last month, there was a directed pull out experience using the phone as a communication conduit (text), the results of which were documented in the 'Hot Things Your Keyholder Has Said' section. We had a good weekend upon my return, and another before the new year, but then I had to go back to shift work and IL to take care of Mom for another couple weeks.
For those interested in statistics our new record, due to my being away and out of touch, was 27 days straight (without the key being turned). The total for 2019 was that the lock was in place 70% of the time. The previous highs for those two classifications were 15 days and 43%; substantial increases in my opinion.
She seems to be more okay with it being on during runs now that I've demonstrated that it isn't painful or causing damage. Anything longer than about 6-8 miles will prob result in some low level, so may require consideration ahead of time, but since 5-6 is my normal mx length, we should be gtg for the time being.
And since we won't see each other until the 17th, 2020 will remain at 100% for another few days! hmmm...
[focused] down the road we go...
A place to blog about your thoughts and experiences
Post Reply
[focused] down the road we go...
3 x
Devices tried: BirdLocked (V1), CB-6000s, two DHGate devices (273 and currently wearing circular bar version of the same thing)
Post Reply


text:
Gluten-Free Onion Topping
Added to shopping list. Go to shopping list.
Ingredients45 m servings 47
Original recipe yields 12 servings
- Adjust
- Metric
Directions{{model.addEditText}} Print
- Preheat oven to 425 degrees F (220 degrees C). Oil a baking sheet with 1 tablespoon olive oil.
- Mix flour, cornmeal, and salt together in a bowl. Toss onion in flour mixture until coated. Spread onion mixture onto prepared baking sheet. Drizzle remaining oil over onion.
- Bake in the preheated oven, tossing onions occasionally, until crisped and golden, about 30 minutes.
You might also like
- Cook's Note:
- You can use these onions in your green bean casserole, mixing half into the green bean mixture and using the remaining to top the casserole.
Nutrition Facts
Per Serving: 47 calories; 2.3 6.1 0.6 0 98 Full nutrition
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KEEPER ALERT! How many recipes have I passed on because they called for french fried onions and I didn't have a gluten free alternative? Too many! Now we don't have to. Don't halve the recipe be...
I made a double batch of these for my gf green bean casserole. I actually fried mine instead of baking them because I wanted them darker brown and crispy without being burnt. It worked out great...
Let's be honest, I had to make 2 batches. I ate the first batch before they got on top of the green beans. My husband who is not a fan of the canned ones said these were very good.


text:
Blog Solutions and tips to stay up to date in the digital world
12 december 2019
WHMCS doesn't send any notification when the status of a ticket changes but let's see how we can tweak this process. The provided action hook fulfill this purpose by automatically sending an email notification to customer via API and by adding a reply to the ticket still via API.Guide customers through the resolving process letting them track the p...
By Davide
2 december 2019
The following action hook lets you automatically assign a Customer to a specific Client Group based on the Product/Service he has just purchased. The script triggers as soon as you the order is accepted on WHMCS both manually and automatically. Read comments to adapt the script to your needs. <? /** * Assign Client to Group based on purcha...
By Davide
23 october 2019
In this wonderful infographic, we explain what is WHMCS even to who is unaware of web hosting. Maybe our relatives will finally understand what we work on all day long.
By Giulio
20 august 2019
This is probably one of the most asked question that involves WHMCS. WHMCS and WordPress are specular one to the other (Joomla and Drupal are also popular alternatives) therefore using both system together could seem a good idea but it isn't.I'm a huge advocate for using WHMCS and I understand how powerful is WordPress for content creators but I st...
By Davide
26 october 2018
This is the story of the purchase of my new mouse for office. The kind of mouse that has been crafted by professional for comfort and productivity. Of course I spent a lot. Round 1: Scroll wheel won't scroll I paid 80 € to get the mouse of a very popular brand made with «Premium materials» (mostly plastic). It immediately started to show what...
By Davide


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About This Blog
Summaries and analysis of recent Delaware court decisions concerning business-related litigation.
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Morris James Blogs
Showing 80 posts by K. Tyler O'Connell.
Chancery Modifies Advancement Award, Finds Amended Claim Challenging Only Post-Separation Conduct No Longer Triggered Advancement Obligations
Carr v. Global Payment Inc., C.A. No. 2018-0565-SG (Del. Ch. Dec. 11, 2019).
Under Delaware law, an order requiring a company to advance attorneys' fees and expenses may be modified if the claims that triggered the advancement obligation are amended to no longer do so. In this case, a company successfully amended its claims against a former director and officer to eliminate certain advancement obligations. More ›
Chancery Addresses Discovery and Privilege Implications of Oracle Special Litigation Committee's Decision to Defer to Stockholder-Plaintiff's Prosecution of Derivative Claims
In re Oracle Corp. Deriv. Litig., C.A. No. 2017-0337-SG (Del. Ch. Dec. 4, 2019).
In this decision, the Delaware Court of Chancery considered the implications of a decision by a special litigation committee of Oracle Corporation to cede control of derivative claims to a stockholder-plaintiff – including whether that decision required the production of Oracle's privileged documents that were provided to the committee and its counsel. More ›
Chancery Holds Plaintiffs' Emails with Counsel on Defendants' Server Are Privileged Due to Application of Argentine Law
Lynch v. Gonzalez, C.A. No. 2019-0356-MTZ (Del. Ch. Nov. 18, 2019).
The plaintiff brought suit seeking confirmation that it validly acquired from defendants a majority ownership interest and the concomitant right to manage Grupo Belleville Holdings, LLC (the "Company"), a Delaware limited liability company. The discovery motion at-issue addresses the confidentiality of emails between Plaintiff and his counsel – complicated by the fact that they are stored by a server owned and operated by the defendants. To explain, the defendants had provided the Argentina-based Company and its employees, including the plaintiff, with email addresses for the purpose of executing their job duties. The email addresses and the server on which the emails were stored were not owned by the Company, however; rather, it was known to all involved that they belonged to a separate company of the Defendants. The emails at issue were between plaintiff Lynch and two in-house Company attorneys who also provided legal advice to him on personal matters, distinct from advice they provided him in his capacity as the Company's manager. In discovery, Lynch sought to vindicate the privilege. He moved to compel the defendants to turn over the emails, but the defendants refused. More ›
Chancery Finds Proper Purpose in Books and Records Demand to Investigate Potential Wrongdoing in CBS-Viacom Merger, Orders Narrowed Inspection that Includes Electronic Documents
Bucks Cty. Employees Ret. Fund v. CBS Corp., C.A. No. 2019-0820-JRS (Del. Ch. Nov. 25, 2019).
A stockholder seeking books and records in Delaware states a proper purpose for inspection by demonstrating a credible basis to suspect that fiduciaries engaged in wrongdoing. So long as the documents sought are necessary and essential to that purpose, the Court of Chancery will order inspection. The Court generally will not, however, require a broad production of electronic documents akin to plenary discovery. More ›
Chancery Construes Sellers' APA Contractual Representations Concerning Customer Relationships and Changes in the Business, Finds No Breach
Julius v. Accurus Aerospace Corp., C.A. No. 2017-0632-MTZ (Del. Ch. Oct. 31, 2019).
This case serves as a cautionary tale when sellers' representations in a purchase agreement fail to fully protect against the business risks in question. According to the Court, this approach encourages contracting parties to allocate risks and draft agreements with precision. This principle also aligns with Delaware's pro-contractarian policy to enforce strictly the terms of parties' agreements, especially when sophisticated parties at arm's-length negotiate those agreements. More ›
Chancery Finds Request for "Corrective Action" to be a Litigation Demand, Dismisses Derivative Claims for Failure to Plead Wrongful Refusal
Solak v. Welch, et al., C.A. No. 2018-0810-KSJM (Del. Ch. Oct. 30, 2019).
Under the Delaware Supreme Court's decision in Spiegel v. Buntrock, 571 A.2d 767 (Del. 1990), a stockholder who makes a demand upon the board to address potential wrongdoing concedes that the board may properly decide whether to cause the corporation to bring suit. That concession makes it more difficult to satisfy pleading standards in a later derivative suit. In this recent decision, the Court of Chancery reviewed the law in this area and concluded that – despite a disclaimer to the contrary – the plaintiff's pre-suit letter was a litigation demand. More ›
Chancery Examines Partnership Agreement Allowing Deference to General Partner's Decisions While Acting in its Individual Capacity and Instances in Which a Tortious Interference Claim can Extend to a General Partner's Controllers
Bandera Master Fund LP v. Boardwalk Pipeline Partners, LP, C.A. No. 2018-0372-JTL (Del. Ch. Oct. 7, 2019).
The Court of Chancery held that plaintiff former common unitholders failed to state a claim for breach of fiduciary duties in connection with the general partner's alleged wrongful exercise of its call right to purchase all of the common units after the price of those units plummeted following the general partner's public announcement of its intent to exercise the call right. The governing limited partnership agreement established different duties and standards of conduct depending upon whether the general partner was acting in an individual capacity or in an official capacity as the general partner. The Court reasoned that because the general partner was acting in its individual capacity in the exercise of its call right, the most deferential standard of conduct provided for in the partnership agreement, which eliminated the general partner's duty to the limited partner common unitholders and the partnership, applied to this allegedly conflicted transaction. The Court noted that the plaintiffs' request to apply the partnership agreement's more heightened standard of conduct to the exercise of the call right misapplied Delaware Supreme Court precedent set forth in Allen v. El Paso Pipeline GP Co., L.L.C., 2015 WL 813053, at *1 (Del. Feb. 26, 2015). In Allen, the Supreme Court interpreted a nearly identical partnership agreement provision, and based on that provision, ruled that the general partner's ability to act in its individual capacity "parallels the ability of a corporate fiduciary to exercise rights that are not held or exercised in a fiduciary capacity." More ›
Chancery Refuses to Reform Operating Agreement to Impose Class Voting Requirements Not Contained in the Plain Language of the Agreement
JJS, Ltd. v. Steelpoint CP Holdings, LLC, C.A. No. 2019-0072-KSJM (Del. Ch. Oct. 11, 2019).
The Court of Chancery held that plaintiff common unitholders of an LLC failed to state a claim for breach of the operating agreement and failed to adequately plead reformation in connection with their challenge to an asset sale that resulted in the senior preferred unitholder receiving the entirety of the sale consideration. Applying fundamental tenets of contract interpretation, the Court reasoned that the plain language of the operating agreement only required a majority vote of the combined total of preferred and common unit holders, and not a majority vote of each separate class of preferred and common unitholders, to approve the asset sale. The Court also rejected the plaintiffs' claim for reformation to impose a separate voting class requirement that was contained in a term sheet that preceded the operating agreement, but was ultimately omitted from the final operating agreement. In analyzing the reformation claim, the Court relied upon West Willow-Bay Court, LLC v. Robino-Bay Court Plaza, LLC, 2009 WL 3247992 (Del. Ch. Oct. 6, 2009), in which the plaintiffs unsuccessfully sought reformation based upon a unilateral mistake that a contract amendment did not comport with a prior memorandum of understanding. The Court found that the common unitholders reformation claim was insufficient for the same reasons relied upon by the Court in West Willow-Bay: (i) the term sheet was not binding; (ii) even a cursory review of the voting provision in the operating agreement would have put the plaintiffs on notice that it differed from the term sheet; and (iii) it was not apparent that the voting provision in the operating agreement was unacceptable to the plaintiffs. Accordingly, the Court dismissed both the plaintiffs' claim for breach of the operating agreement and their alternative claim for reformation.
Chancery Rejects Claim that Books and Records Demand was "Pretextual," Finds Sufficient Overlap Between Demand Letter and Plaintiff's Purpose
Donnelly v. Keryx Biopharmaceuticals, Inc., C.A. No. 2018-0892-SG (Del. Ch. Oct. 24, 2019).
A stockholder-plaintiff seeking a corporation's books and records must have a genuine proper purpose, and cannot rely simply on a lawyer-crafted demand letter to justify her request. There must be alignment between a plaintiff's books and records demand and her own stated interest in seeking books and records. In this recent decision, the Court of Chancery considers and rejects an attempt by a defendant-corporation to argue that a books and records demand was really driven by plaintiff's counsel, and that the plaintiff lacked any genuine proper purpose. More ›
Delaware Supreme Court Provides Additional Guidance on Pleading Direct Claims Against Controllers and Control Groups
Sheldon v. Pinto Technology Ventures, L.P., No. 81, 2019 (Del. Oct. 4, 2019).
The Delaware Supreme Court affirmed the Court of Chancery's dismissal of an alleged direct claim for dilution of the voting and economic interests of plaintiff stockholders because they failed to adequately plead that several venture capital firms constituted a "control group." The Court began its analysis with a review of the standard for a controller or control group under Delaware law. In Gentile v. Rossette, 906 A.2d 91 (Del. 2006), the Court ruled that multiple stockholders can constitute a control group if they are connected in some legally significant way, such as by contract or other agreement, or working together towards a shared goal. The Court noted the guideposts that define a "control group" established by In re Hansen Medical, Inc. Stockholders Litigation, 2018 WL 3025525 (Del. Ch. June 18, 2018) and van der Fluit v. Yates, 2017 WL 5953514 (Del. Ch. Nov. 30, 2017). More ›
Chancery Denies Motion for Reargument, Finding No Change to Delaware Legal Principles for Existence of "Control Group" of Stockholders
Silverberg v. Padda, C.A. No. 2017-0250-KSJM (Del. Ch. Oct. 18, 2019)
Delaware courts recognize that a group of stockholders can constitute a "control group" when those stockholders "are connected in some legally significant way—such as by contract, common ownership, agreement, or other arrangement…" and work together toward a shared goal. Sheldon v. Pinto Tech. Ventures, L.P., 2019 WL 4892348, at *4 (Del. Oct. 4, 2019) (citing Dubroff v. Wren Hldgs., LLC, 2009 WL 1478697, at *3 (Del. Ch. May 22, 2009)). Under such circumstances, the control group stockholders may owe fiduciary duties to the corporation's minority stockholders. Where a minority stockholder adequately pleads (1) the existence of a control group; and (2) a self-dealing breach of fiduciary duties by that control group, the minority stockholder's claims may be both direct and derivative. Gentile v. Rossette, 906 A.2d 91, 99-100 (Del. 2006). In Silverberg v. Padda, Plaintiffs argued that they had alleged a direct claim by pleading that a control group of stockholders had breached fiduciary duties by approving alleged dilutive preferred stock issuances. After the Court dismissed this claim based on Plaintiffs' failure adequately to allege a control group, as opposed to mere parallel action, Plaintiffs asserted in a motion for reargument that the Delaware Supreme Court's recent Sheldon opinion had established a new legal principle to assess the existence of a control group. The Court disagreed, ruling that Sheldon had reaffirmed the Dubroff standard that the Court had applied in dismissing Plaintiffs' claims. See Morris James blog post of October 14, 2019 (discussing the Court's earlier decision). The Court re-affirmed its holding that Plaintiffs' allegations did not suffice to allege a control group because the agreement between the allegedly controlling stockholders (1) did not relate to the challenged transaction; (2) included persons other than the purported control group members; and (3) did not bind the signatories with respect to their votes on the challenged transaction. Because the Court determined that Sheldon did not affect the Court's holding that such allegations do not suffice to establish a control group, the Court denied Plaintiffs' motion for reargument.
Delaware Supreme Court Finds an Insurance Policy Covering "Securities Claims" Did Not Apply to Claims for Violations of Common Law or Statutes Not Specific to the Regulation of Securities
In re Verizon Ins. Coverage Appeals, Nos. 558, 560, 561 (Del. Oct. 31, 2019).
The Delaware Supreme Court, applying principles of contract interpretation under Delaware law, held that claims of breach of fiduciary duty, unlawful dividends and fraudulent transfer were not Securities Claims reflecting a violation of any "regulation, rule or statute regulating securities" and hence the defendant's director and officer insurance policy that covered such claims did not apply. The Supreme Court thus reversed a holding of the Delaware Superior Court that the insurance coverage applied because the claims "pertain[ed] to laws one must follow when engaging in securities transactions." The Supreme Court held that the unambiguous plain meaning of the policy language was that the parties intended coverage only for claims arising under regulations, rules or statutes that "regulate securities." Using that definition, the Supreme Court held that claims of breach of fiduciary duty, aiding and abetting fiduciary duty breaches, and promoter liability were not Securities Claims because they do not involve regulations, rules and statutes regulating securities. Likewise, the claim for unlawful dividends arose under statutes that regulated dividends, not securities, and the fraudulent transfer claims arose under statutes that were not "specific to transfers involving securities." The Supreme Court rejected as overly broad Verizon's interpretation that the phrase "regulating securities" included any "laws one must follow when engaging in securities transactions," holding that that interpretation would encompass claims unrelated to securities and would render meaningless the limitation that coverage applied only to violations of rules or statutes "regulating securities." The Supreme Court thus remanded the case to the Superior Court to enter judgment for the insurer-defendants.
Chancery Denies Former Derivative Plaintiff Standing to Challenge Merger That Extinguished Derivative Claims
Morris v. Spectra Energy P'tners (DE) GP, LP, C.A. No. 2019-0097-SG (Del. Ch. Sept. 30, 2019).
When a stockholder derivative claim is extinguished in a merger, the former derivative plaintiff may have standing to contest the merger directly on the ground that the entity's fiduciaries permitted a material litigation asset to be extinguished in the merger process without value to the stockholders. In the well-known precedent In re Primedia Stockholders Litigation, 67 A. 3d 455 (Del. Ch. 2013), the Court of Chancery established a three part standing test: 1) Was the underlying claim viable? 2) Was its value material in light of the merger consideration? 3) Did the company fail to receive value for the claim in the merger because the buyer would not be willing to pursue it? Applying this test, here the Court ruled that the former unitholder and derivative plaintiff lacked standing to attack the merger and dismissed the claim. More ›
Chancery Blocks Natural Gas IPO
Williams Field Services Group, LLC v. Caiman Energy, C.A. No. 2019-0350-JTL (Del. Ch. Sept. 25, 2019).
This case again illustrates the contractual nature of Delaware alternative entities and the important interpretive role the courts perform construing alternative entity agreements when internal governance disputes arise. The case arose out of the parties' competing requests for declaratory judgment regarding Caiman Energy II, LLC's ("Caiman") limited liability agreement ("LLC Agreement"). The Defendants, including Caiman and EnCap Capital Management ("EnCap"), argued that the provisions of the LLC Agreement grant EnCap plenary power with respect to a Qualified IPO, including the ability to change the definition of a Qualified IPO and to modify the procedures the contracting parties would otherwise have to take relating to a Qualified IPO. EnCap asserted that it could implement an Up-C IPO using its authority to effect a Qualified IPO. An Up-C IPO refers to a transaction whereby a limited liability company ("LLC"), which is taxed as a pass-through entity, performs an IPO through a holding company that has an interest in the LLC. Plaintiff Williams Field Services Group, LLC ("Williams") contended that the Encap proposed Up-C IPO was inconsistent with the terms of the LLC Agreement. More ›
Court of Chancery Orders Advancement of Fees for Former Directors and Officers who Sold their Stock in a Private Transaction
Nielsen v. EBTH, Inc., C.A. No. 2019-0164-MTZ (Del. Ch. Sept. 30, 2019).
Delaware law permits advancement of fees and expenses for officers or directors who have such rights under certificates of incorporation, bylaws, or indemnification agreements. Depending on the factual allegations of the underlying action, advancement rights can apply even for former officers and directors of a company who sold their stock in a private transaction to which the company was not a party. More ›


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