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U.S. employers, employment agencies, unions, their benefit plans and fiduciaries, and their management and service providers should move quickly to review and strengthen their employment and other practices to guard against a foreseeable surge in employee retaliation claims and judgements likely to follow the August 30, 2016 issuance by the Equal Employment Opportunity Commission (EEOC) of its new final EEOC Enforcement Guidance on Retaliation and Related Issues and concurrently published Question and Answer Guidance(Guidance).
Updating and superceding 2008 guidance previously set forth in the Retaliation Chapter of the EEOC Enforcement Manual, the Guidance details the EEOC's current policy for investigating and enforcing the retaliation prohibitions under each of the equal employment opportunity (EEO) laws enforced by EEOC, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), Title V of the Americans with Disabilities Act (ADA), Section 501 of the Rehabilitation Act, the Equal Pay Act (EPA) and Title II of the Genetic Information Nondiscrimination Act (GINA) as well as the ADA's separate "interference" prohibitions, which prohibit coercion, threats, or other acts that interfere with the exercise of ADA rights. Among other things, the Guidance discusses :
- What "retaliation means" and the scope of employee activity protected by the prohibitions against retaliation included in all laws enforced by the EEOC as well as the interference prohibitions of the ADA;
- Legal analysis the EEOC will use to determine if evidence supports a claim of retaliation against an employer or other party;
- Detailed examples of employer actions that the EEOC says may constitute prohibited retaliation; and
Remedies available for retaliation.
Understanding and properly responding to the Guidance is critically important for employers and other subject to the EEO laws because in light of the substantial and growing liability exposures retaliation claims present and the likely that the issuance of the Guidance will further fuel these risks.
Even before the EEOC published the Guidance, retaliation and interference exposures were a substantial source of concern for most employers. Employers, employment agencies and unions caught engaging in prohibited retaliation or intimidation in violation of EEO laws can incur compensatory and (except for governmental employers) punitive damage awards, back pay, front pay, reinstatement into a job or other equitable remedies, injunctive or administrative orders requiring changes in employer policies and procedures, managerial training, reporting to the EEOC and other corrective measures, as well as substantial investigation and defense costs.
These substantial liability exposures have become particularly concerning as retaliation and interference claims also have become increasingly common over the past decade. According to the EEOC, for example, EEO law retaliation charges have remained the most frequently alleged basis of charges filed with the EEOC since 2009 and in Fiscal Year 2015 accounted for 44.5 percent of all employment discrimination charges received by EEOC.
Since the EEOC's issuance of the Retaliation Regs are likely to encourage additional retaliation or interference claims, employers, employment agencies, unions and their management, service providers and agents should quickly to evaluate the updated guidance provided in the Retaliation Reg and act to mitigate their exposure to retaliation retaliation and interference claims under these EEO laws.
Retaliation Risks Under EEO Laws
Federal EEO laws generally prohibit employers, employment agencies, or unions from punishing or taking other adverse actions against job applicants or employees for "asserting their rights" (often referred to as "protected activity") to be free from harassment or other prohibited employment discrimination as well as certain other conduct. Such claims generally are referred to as "retaliation claims."
Prohibited retaliation in violation of EEO laws occurs when an employer, employment agency or union takes a materially adverse action because an applicant or employee asserts rights or engages in certain other activities protected by the EEO laws.
To prevail in a retaliation claim, an applicant, employee or other individual generally must show that:
- The individual engaged in prior protected activity;
- The employer, employment agency or union took a materially adverse action; and
- More likely than not, retaliation caused the adverse action by the employer, employment agency or union.
Persons Protected By EEO Retaliation Rules
EEO retaliation prohibitions protect both applicants and current and former employees (full-time, part-time, probationary, seasonal, and temporary) against retaliation under the EEO laws. The retaliation prohibitions bar an employer from refusing to hire or otherwise taking adverse action against any current or former applicant or employee because of his EEO complaint or other protected activity under applicable EEO laws. The EEOC interprets the retaliation rules as prohibiting an employer from giving a false negative job reference to punish a former employee for making an EEO complaint or engaging in other protected activity as well as as prohibiting an employer from refusing to hire or otherwise retaliating or discriminating against an applicant or employee based on a complaint made or other protected activity engaged against any a prior employer. The Guidance also makes clear that the retaliation prohibitions apply regardless of an applicant or employee's citizenship or work authorization status.
Protected Activity
"Protected activity" generally means either participating in an EEO process or reasonably opposing conduct made unlawful by an EEO law.
The prohibition against an employer retaliating against an individual for "participating" in an EEO process means that an employer cannot punish an applicant or employee for filing an EEO complaint, serving as a witness, or participating in any other way in an EEO matter, even if the underlying discrimination allegation is unsuccessful or untimely. As a part of these prohibitions, the EEOC says that an employer, employment agency or union is not allowed to do anything in response to EEO activity that would discourage someone from resisting or complaining about future discrimination. For example, depending on the facts of the particular case, it could be retaliation because of the employee's EEO activity for an employer to:
- Reprimand an employee or give a performance evaluation that is lower than it should be;
- Transfer the employee to a less desirable position;
- Engage in verbal or physical abuse;
- Threaten to make, or actually make reports to authorities (such as reporting immigration status or contacting the police);
- Increase scrutiny;
- Spread false rumors, treat a family member negatively (for example, cancel a contract with the person's spouse); or
- Take action that makes the person's work more difficult (for example, punishing an employee for an EEO complaint by purposefully changing his work schedule to conflict with family responsibilities).
The Guidance clearly states that the EEOC views participating in any capacity in a complaint process or other protected equal employment opportunity as protected activity which is protected from retaliation under all circumstances. The EEOC views other acts to oppose discrimination also as protected as long as the employee was acting on a reasonable belief that something in the workplace may violate EEO laws, even if he or she did not use legal terminology to describe the issue. EEOC's view is that protections against retaliation extend to participation in an employer's internal EEO complaint process, even if a charge of discrimination has not yet been filed with the EEOC. The EEOC also takes the position that participation in the EEO process is protected whether or not the EEO allegation is based on a reasonable, good faith belief that a violation occurred. While an employer is free to bring these to light in the EEO matter where it may rightly affect the outcome, the Retaliation Regs state it is unlawful retaliation for an employer to take matters into its own hands and impose consequences for participating in an EEO matter.
In addition to prohibition for participation in protected activities, EEO law also prohibits retaliation against an individual for "opposing" a perceived unlawful EEO practice. The EEOC construes prohibition against retaliation for opposition as prohibiting an employer or other covered entity from punishing an applicant or employee for communicating or taking other action in opposition of a perceived EEO violation if the individual acted reasonably and based on a reasonable good faith belief that the conduct opposed is or could become unlawful if repeated.
According to the EEOC, opposition also can be protected even if it is informal or does not include the words "harassment," "discrimination," or other legal terminology. A communication or act may be protected opposition as long as the circumstances show that the individual is conveying resistance to a perceived potential EEO violation such as, for example:
- Complaining or threatening to complain about alleged discrimination against oneself or others;
- Taking part in an internal or external investigation of employment discrimination, including harassment;
- Filing or being a witness in a charge, complaint, or lawsuit alleging discrimination;
- Communicating with a supervisor or manager about employment discrimination, including harassment;
- Answering questions during an employer investigation of alleged harassment;
- Refusing to follow orders that would result in discrimination;
- Resisting sexual advances, or intervening to protect others;
- Reporting an instance of harassment to a supervisor;
- Requesting accommodation of a disability or for a religious practice;
- Asking managers or co-workers about salary information to uncover potentially discriminatory wages;
- Providing information in an employer's internal investigation of an EEO matter;
- Refusing to obey an order reasonably believed to be discriminatory;
- Advising an employer on EEO compliance;
- Resisting sexual advances or intervening to protect others;
- Passive resistance (allowing others to express opposition);
- Requesting reasonable accommodation for disability or religion;
- Complaining to management about EEO-related compensation disparities;
- Talking to coworkers to gather information or evidence in support of a potential EEO claim; or
- Other acts of opposition.
In order for the protection against opposition to apply, however, the individual must act with a reasonable good faith belief that the conduct opposed is unlawful or could become unlawful if repeated. Opposition not based on such a good faith belief is not protected. Employers should note that the EEOC takes the position that opposition by an employee could qualify as reasonable opposition protected against retaliation when an employee or applicant complains about behavior that is not yet legally harassment (i.e., even if the mistreatment has not yet become severe or pervasive) or to complain about conduct the employee believes violates the EEO laws if the EEOC has adopted that interpretation, even if some courts disagree with the EEOC on the issue.
Furthermore, an individual opposing a perceived violation of an EEO law is disqualified for protection against retaliation for his opposition unless the individual behaves in a reasonable manner when expressing his opposition. For example, threats of violence, or badgering a subordinate employee to give a witness statement, are not protected opposition.
Subject to these conditions, however, the Guidance states that retaliation for opposing perceived unlawful EEOC practices need not be applied directly to the employee to qualify for protection. If an employer, employment agency or union takes an action against someone else, such as a family member or close friend, in order to retaliate against an employee, the EEOC says both individuals would have a legal claim against the employer.
Moreover, according to the EEOC, the prohibitions against retaliation for participation and opposition apply regardless of whether the person is suffers the retaliation for acting as a witness or otherwise participating in the investigation of a prohibited practice regarding an EEO complaint brought by others, or for complaining of conduct that directly affects himself.
Materially Adverse Action
To fall within EEO law prohibitions against retaliation, the retaliatory actions must be "materially adverse," which the Guidance defines to include any action that under the facts and circumstances might deter a reasonable person from engaging in protected activity. This definition of "materially adverse" sweeps broadly to include more than employment actions such as denial of promotion, non-hire, denial of job benefits, demotion, suspension, discharge, or other actions that can be challenged directly as employment discrimination. It also encompasses within the scope of retaliation employer action that is work-related, as well as other actions with no tangible effect on employment, or even an action that takes place exclusively outside of work, as long as it may well dissuade a reasonable person from engaging in protected activity.
Whether an action is materially adverse depends on the facts and circumstances of the particular case. The U.S. Supreme Court has held that transferring a worker to a harder, dirtier job within the same pay grade, and suspending her without pay for more than a month (even though the pay was later reimbursed) were both "materially adverse actions" that could be challenged as retaliation. The Supreme Court has also said that actionable retaliation includes: the FBI's refusing to investigate death threats against an agent; the filing of false criminal charges against a former employee; changing the work schedule of a parent who has caretaking responsibilities for school-age children; and excluding an employee from a weekly training lunch that contributes to professional advancement.
In contrast, a petty slight, minor annoyance, trivial punishment, or any other action that is not likely to dissuade an employee from engaging in protected activity in the circumstances is not "materially adverse." For example, courts have concluded on the facts of given cases that temporarily transferring an employee from an office to a cubicle was not a materially adverse action and that occasional brief delays by an employer in issuing refund checks to an employee that involved small amounts of money were not materially adverse.
The facts and circumstances of each case determine whether a particular action is retaliatory in that context. For this reason, the same action may be retaliatory in one case but not in another. Depending on the facts, other examples of "materially adverse" actions may include:
- Work-related threats, warnings, or reprimands;
- Negative or lowered evaluations;
- Transfers to less prestigious or desirable work or work locations;
- Making false reports to government authorities or in the media;
- Filing a civil action;
- Threatening reassignment;
- Scrutinizing work or attendance more closely than that of other employees, without justification;
- Removing supervisory responsibilities;
- Engaging in abusive verbal or physical behavior that is reasonably likely to deter protected activity, even if it is not yet "severe or pervasive" as required for a hostile work environment;
- Requiring re-verification of work status, making threats of deportation, or initiating other action with immigration authorities because of protected activity;
- Terminating a union grievance process or other action to block access to otherwise available remedial mechanisms; or
- Taking (or threatening to take) a materially adverse action against a close family member (who would then also have a retaliation claim, even if not an employee).
ADA Interference Claims
In addition to the need to manage potential exposures for prohibited retaliation, employers, employment agencies and unions also should be careful to manage their exposure to potential liability arising from claims for wrongful interference and individual's exercise of the disability rights or protections granted under the ADA.
The ADA generally prohibits disability discrimination, limits an employer's ability to ask for medical information, requires confidentiality of medical information, and gives employees who have disabilities the right to reasonable accommodations at work absent undue hardship and like other EEO laws, prohibits retaliation. In addition to its prohibitions against retaliation, however, the ADA also more broadly prohibits "interference" with statutory rights under the ADA.
Interference is broader than retaliation. The ADA's interference provision makes it unlawful to coerce, intimidate, threaten, or otherwise interfere with an individual's exercise of ADA rights, or with an individual who is assisting another to exercise ADA rights.
In addition, the ADA also prohibits employers from interfering with ADA rights by doing anything that makes it more difficult for an applicant or employee to assert any of these rights such as using threats or other actions to discourage someone from asking for, or keeping, a reasonable accommodation; intimidating an applicant or employee into undergoing an unlawful medical examination; or pressuring an applicant or employee not to file a disability discrimination complaint.
Prohibited interference may be actionable under the ADA even if ineffective and even if the person subjected to intimidation goes on to exercise his ADA rights.
- While acknowledging that some employer actions may be both retaliation and interference, or may overlap with unlawful denial of accommodation, the Guidance identifies the following actions as examples of interference prohibited under the ADA:
- Coercing an individual to relinquish or forgo an accommodation to which he or she is otherwise entitled;
- Intimidating an applicant from requesting accommodation for the application process by indicating that such a request will result in the applicant not being hired;
- Threatening an employee with loss of employment or other adverse treatment if he does not "voluntarily" submit to a medical examination or inquiry that is otherwise prohibited under the statute;
- Issuing a policy or requirement that purports to limit an employee's rights to invoke ADA protections (e.g., a fixed leave policy that states "no exceptions will be made for any reason");
- Interfering with a former employee's right to file an ADA lawsuit against the former employer by stating that a negative job reference will be given to prospective employers if the suit is filed; and
- Subjecting an employee to unwarranted discipline, demotion, or other adverse treatment because he assisted a coworker in requesting reasonable accommodation.
According to the EEOC, a threat does not have to be carried out in order to violate the interference provision, and an individual does not actually have to be deterred from exercising or enjoying ADA rights in order for the interference to be actionable.
Strategies To Help Deter Or Rebut Retaliation Charges
Even though individuals claiming retaliation technically bear the burden of proving more likely than not that he suffered an adverse employment action more probably than not as a result of retaliation, an employer, employment agency or union charged with illegal retaliation frequently need to rebut or undermine a claimant's evidence of retaliation by having and introducing admissible evidence that it a non-retaliatory reason for taking the challenged action such as evidence that:
- The employer was not, in fact, aware of the protected activity;
- There was a legitimate non-retaliatory motive for the challenged action, that the employer can demonstrate, such as poor performance; inadequate qualifications for position sought; qualifications, application, or interview performance inferior to the selectee; negative job references (provided they set forth legitimate reasons for not hiring or promoting an individual); misconduct (e.g., threats, insubordination, unexcused absences, employee dishonesty, abusive or threatening conduct, or theft); or reduction in force or other downsizing;
- Similarly-situated applicants or employees who did not engage in protected activity were similarly treated;
- Where the "but-for" causation standard applies, there is evidence that the challenged adverse action would have occurred anyway, despite the existence of a retaliatory motive; or
- Other credible evidence showing a legitimate, non-discriminatory and non-retalitory motive behind the action.
It is important that employer other other potential defendants in retaliation actions recognize and take appropriate steps to create and retain evidence documenting these or other legitimate business reasons justifying the action prior to taking adverse action. Many employer or other defendants charged with discrimination or retaliation discover too late that a rule of evidence commonly referred to as the "After Acquired Evidence Doctrine" often prevents an employer or other defendant from using documentation or other evidence of motive created after the adverse action occurs. Consequently, employer and other potential targets of retaliation claims before taking the adverse action would be wise to carefully collect, document and retain the evidence and analysis showing their adverse action was taken for a legitimate, nonretalitory, nondiscriminatory reason rather than for any retaliatory purpose.
Other Defensive Actions & Strategies
Beyond taking care to document and retain evidence of its legitimate motivations for taking an adverse employment action, employers, employment agencies and unions interested in avoiding or enhancing their defenses against retaliation or interference claims also may find it helpful to:
- Maintain a written, plain-language anti-retaliation and anti-interference policy that provides practical guidance on the employer's expectations with user-friendly examples of what to do and not to do;
- Send a message from top management that retaliation and interference are prohibited and will not be tolerated;
- Ensure that top management understands and complies with policies against prohibited discrimination, retaliation and interference;
- Consistently and fairly administer all equal employment opportunity and other policies and procedures in accordance with applicable laws in a documented, defensible manner;
- Post and provide all required posters or other equal employment opportunity notices;
- Timely and accurately complete and file all required EEO reports;
- Clearly communicate orally and in writing the policy against prohibited retaliation and interference, as well as procedures for reporting, investigating and addressing concerns about potential violations of these policies in corporate policies as well as to employees complaining or participating in investigations or other protected activities;
- Conduct documented training for all managers, supervisors and other employees and agents of the employer about policies against prohibited discrimination, retaliation, and interference including, as necessary, specific education about specific behaviors or situations that could raise retaliation or interference concerns, when and how to report or respond to such concerns and other actions to take to prevent or stop potential retaliation and interference;
- Establish and administer clear policies and procedures for reporting and investigating claims or other indicators of potential prohibited employment discrimination, retaliation, interference including appropriate procedures for monitoring and protecting applicants and workers who have made claims of discrimination or have a record of involvement in activities that might qualify for corrective action;
- Review performance, compensation and other criteria for potential evidence of overt or hidden bias or other evidence of potential prohibited retaliation or interference and take documented corrective action as needed to prevent improper bias from adversely corrupting decision-making process;
- Conduct timely, well-documented investigations of all reports or other evidence of suspected discrimination, retaliation, and interference including any disciplinary, remedial or corrective action taken or foregone and the justification underlying these actions;
- Obtain and enforce contractual reassurances from recruiting, staffing and other contractors to adhere to, and cooperate with the employer in its investigation and redress of the nondiscrimination, data collection and reporting, anti-retaliation and anti-interference requirements of equal employment opportunity and other laws;
- Incorporate appropriate inquiries and other procedures for documented evaluating and monitoring that hiring, staffing, performance review, promotion, demotion, discipline, termination and other employment decisions and actions for evidence or other indicators of potential prohibited discrimination, retaliation, interference or other prohibited conduct and take corrective action as necessary based on the evidence developed; and
- Designate appropriately empowered and trained members of the management of the employer to receive and investigate complaints and other potential concerns;
Arrange for an unbiased third party review of the adverse action or the performance or other decision criteria, processes and analysis that the employer or other defendant contemplates relying on to decide and implement employment decisions for indicators of potential discriminatory, retaliatory or other illegal or undesirable biasand take corrective action as needed to address those concerns before undertaking employment actions;
- Evaluate and allocate appropriate funds within the employer's budget to support the employer's compliance efforts as well as to provide for the availability of sufficient funds to investigate and defend potential charges or public or private charges of illegal discrimination, retaliation or interference through the purchase of employment practices liablity or other insurance coverages or otherwise;
- If a manager or other party recommends an adverse action in the wake of an employee's filing of an EEOC charge or participation in other protected activity, conducting or arranging for an another party to ndependently evaluate whether the adverse action is appropriate;
- Proactively seek assistance from qualified legal counsel with the design and review of policies, practices and operations, investigation and analysis of internal or external complaints or other concerns about potential prohibited discrimination, retaliation or interference, review and execution of termination, discipline or other workforce events to mitigate discrimination, retaliation or interference risks as well as the defense of EEOC or private enforcement actions; and
- Be ever diligent in your efforts to prevent, detect and redress actions or situations that could be a basis for retaliation or interference claims.
About The Author
Cynthia Marcotte Stamer is a noted Texas-based management lawyer and consultant, author, lecture and policy advocate, recognized for her nearly 30-years of cutting edge management work as among the "Top Rated Labor & Employment Lawyers in Texas" by LexisNexis® Martindale-Hubbell® and as among the "Best Lawyers In Dallas" for her work in the field of "Labor & Employment,""Tax: Erisa & Employee Benefits" "Health Care" and "Business and Commercial Law" by D Magazine.
Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization, a Fellow in the American College of Employee Benefit Counsel, past Chair and current committee Co-Chair of the American Bar Association (ABA) RPTE Section Employee Benefits Group, Vice Chair of the ABA Tort & Insurance Practice Section Employee Benefits Committee, former Chair of the ABA Health Law Section Managed Care & Insurance Interest Group, a former ABA Joint Committee on Employee Benefits Council Representative and , Ms. Stamer helps management manage.
Ms. Stamer's legal and management consulting work throughout her nearly 30-year career has focused on helping organizations and their management use the law and process to manage people, process, compliance, operations and risk. Highly valued for her rare ability to find pragmatic client-centric solutions by combining her detailed legal and operational knowledge and experience with her talent for creative problem-solving, Ms. Stamer helps public and private, domestic and international businesses, governments, and other organizations and their leaders manage their employees, vendors and suppliers, and other workforce members, customers and other' performance, compliance, compensation and benefits, operations, risks and liabilities, as well as to prevent, stabilize and cleanup workforce and other legal and operational crises large and small that arise in the course of operations.
Ms. Stamer works with businesses and their management, employee benefit plans, governments and other organizations deal with all aspects of human resources and workforce, internal controls and regulatory compliance, change management and other performance and operations management and compliance. She supports her clients both on a real time, "on demand" basis and with longer term basis to deal with daily performance management and operations, emerging crises, strategic planning, process improvement and change management, investigations, defending litigation, audits, investigations or other enforcement challenges, government affairs and public policy.
For additional information about Ms. Stamer, see CynthiaStamer.com or contact Ms. Stamer via email here or via telephone to (469) 767-8872.
About Solutions Law Press, Inc.™
Solutions Law Press, Inc.™ provides human resources and employee benefit and other business risk management, legal compliance, management effectiveness and other coaching, tools and other resources, training and education on leadership, governance, human resources, employee benefits, data security and privacy, insurance, health care and other key compliance, risk management, internal control and operational concerns. If you find this of interest, you also be interested reviewing some of our other Solutions Law Press, Inc.™ resources at www.Solutionslawpress.com.
If you or someone else you know would like to receive future updates about developments on these and other concerns, please be sure that we have your current contact information including your preferred e-mail by creating or updating your profile here. ©2016 Cynthia Marcotte Stamer. Non-exclusive right to republish granted to Solutions Law Press, Inc.™. All other rights reserved.


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News Corp. wins fight for Dow Jones
After a three-month takeover battle, Rupert Murdoch's media giant will purchase the publisher of The Wall Street Journal for $5.6 billion.
NEW YORK (CNNMoney.com) -- After three months of wrangling, News Corp., the media conglomerate run by Rupert Murdoch, has finally succeeded in its efforts to purchase Dow Jones in a deal the companies valued at $5.6 billion.
News Corp. and Dow Jones announced early Wednesday that enough members of the Bancroft family, which own a controlling stake in the publisher of The Wall Street Journal, have agreed to approve the takeover.
"I am deeply gratified at the level of support we have received from the Bancroft family and its trustees," Murdoch, News Corp.'s chairman and CEO, said in a statement. "Given the Bancrofts' long and distinguished history as custodians of Dow Jones, we appreciate how difficult this decision was for some family members."
In a joint statement, the companies said members of the Bancroft family and trustees for shares amounting to about 37 percent of the Dow Jones voting stock have agreed to vote for the transaction. News Corp. needed about 30 percent of the Bancrofts' voting power to back the deal in order to ensure that the company would have enough shareholder support for the merger.
As part of the agreement, the companies said a 5-member special committee will be formed "with the objective of assuring the continued journalistic and editorial integrity and independence of Dow Jones' publications and services."
The move is designed to assuage some Bancroft family members' concerns that Murdoch will compromise the integrity of the Journal, which the family has controlled for more than a century.
Nonetheless, there still are worries about how the WSJ may change under Murdoch. Some fear that the paper's coverage may broaden beyond business and feature stories similar to those that appear in the News Corp.-owned tabloid The New York Post.
But one media expert dismissed these concerns.
"The notion that Murdoch will trash the Journal and put nude models on the front page is just silly. He is a savvy and successful media operator," said James Owers, a professor of finance at the Robinson College of Business at Georgia State University who follows media mergers closely.
Another media expert agreed that if Murdoch tinkered too much with the editorial content of the newspaper, he risks losing readers and advertisers.
"This deal holds great promise and great peril for The Wall Street Journal. The peril for the company is Murdoch's reputation, If he started to meddle in an unseemly way, that would hurt. Readers are too sophisticated for cheerleading and that would be self-defeating. So there is an inherent self-correcting mechanism," said Rich Hanley, assistant professor of journalism and director of graduate programs at Quinnipiac University's School of Communications.
In a separate statement, a spokesman for the Bancroft family said that "the process of thoroughly reviewing a broad range of possible alternatives for Dow Jones has been long, complex and arduous."
The family added that "it is our most fervent hope that in the years to come, The Wall Street Journal will continue to enjoy, and deserve, the universal admiration and respect in which it is held all over the world, and that the Journal and Dow Jones's other print and online publications will continue to achieve great things as part of a larger, well-capitalized, global organization committed to upholding the long tradition of journalistic excellence, independence and editorial integrity of which we are all so proud."
Leslie Hill, a family member who opposed the takeover, resigned as a Dow Jones director late Tuesday, according to the Journal. In a letter to the board, she said the deal's good financial terms didn't offset "the loss of an independent global news organization with unmatched credibility and integrity," the newspaper reported.
Under the terms of the deal, a Bancroft family member or another "mutually acceptable person" will be named to the News Corp. board, the companies said.
Also as part of the agreement, up to 250 Dow Jones shareholders - representing not more than 10 percent of the company's shares - may have their shares converted into class B units of a new News Corp. unit. Those units will be convertible into News Corp. common stock valued at $60 a share.
The original offer News Corp. made for Dow Jones valued the company at $5 billion and News Corp. did not raise its bid. The companies did not explain how it got to the $5.6 billion value although Dow Jones does have about $500 million in debt that News Corp. would assume.
Shares of Dow Jones (Charts) rose 1 percent Wednesday morning after gaining more than 11 percent on the New York Stock Exchange Tuesday in anticipation of an official merger agreement. News Corp. (Charts, Fortune 500) rose slightly Wednesday after finishing Tuesday modestly lower.
The announcement comes after a week of intense debate among various Bancroft members about whether to agree to a sale. Several steadfastly refused to support a sale to Murdoch due to concerns about editorial changes he might make at the Wall Street Journal, while other family members were holding out hope that News Corp. may raise its bid.
But News Corp. did not budge from its original offer of $60 per share and the Bancrofts were ultimately forced to accept News Corp's bid or risk watching Dow Jones' stock price tumble. Some experts said the Bancrofts could have faced lawsuits from angry shareholders if they rejected the deal.
The deal gives Murdoch the nation's most widely read business newspaper - an asset he's coveted for years - and comes despite fierce opposition from critics, including some employees and Bancroft family members who worried about the paper's independence. But a combination of a knockout price and dogged persistence helped give the Australian-born newspaper man what he wanted.
News Corp. announced its bid for Dow Jones, which also owns Barron's, the Web site MarketWatch.com and Dow Jones newswires, on May 1. Since then, Murdoch held intense negotiations with the Bancroft family, which owns a controlling stake, about editorial independence at Dow Jones. The company has been a part of the Bancroft family since Clarence Barron bought Dow Jones in 1902 and left it to his stepdaughter Jane Bancroft after he died in 1928.
On June 20, Dow Jones said its board of directors was taking over the talks with Murdoch, leading many analysts to speculate that a deal to sell the company was not too far away.
Shortly thereafter, reports surfaced indicating that Murdoch and Dow Jones' board had reached an agreement regarding editorial safeguards after Murdoch had allegedly threatened to walk away from the deal.
There were few new developments in the takeover battle until Dow Jones' board announced on July 17 that it would approve a sale to News Corp. Members of the Bancroft family met in Boston on July 23 to discuss the deal and said that a final decision about how various members would vote should come within days.
But following that meeting, several Bancroft members indicated they would not approve the deal and one branch of the family argued that News Corp. should pay an even higher premium for the Bancroft's controlling shares. A News Corp. spokesman told the Journal on July 30 that Murdoch was "highly unlikely" to go forward with a full shareholder vote for the bid unless he was assured of more support from the Bancrofts.
A union representing Dow Jones employees has voiced its disapproval of the takeover, citing fears of possible newsroom job cuts and concerns about editorial integrity at the Journal and other publications.
While the newspaper's editorial board is notably conservative, its newsroom staff has a reputation for non-partisan reporting. The Dow Jones union claimed in a statement on the day the News Corp. offer was announced that Murdoch has "shown a willingness to crush quality and independence." News Corp. also owns the conservative-leaning Fox News Channel as well as the New York Post, the Times of London and other newspapers.
The union said in another statement on Tuesday before the deal was officially announced that it was "disappointed with the apparent decision by key Bancroft family members to support the sale of Dow Jones & Company to News Corp."
In fact, the union hired its own financial adviser to find an alternative suitor but thus far no other serious bidders have emerged. The publisher of the Philadelphia Inquirer also said he would be interested in teaming up on a bid if there were other interested parties.
There had been speculation that billionaire supermarket mogul Ron Burkle would also bid for the company, including suggestions that he would consider working with Brad Greenspan, the founder of MySpace, which is now owned by News Corp., who had offered to buy a minority stake in Dow Jones for $60 a share.
But several larger strategic buyers dropped out of the running. General Electric (Charts, Fortune 500) and Pearson (Charts), the British media firm that publishes the Financial Times, ruled out a bid for Dow Jones on June 21. Analysts have said that the steep price tag - News Corp.'s $60-a-share bid was 65 percent above where the stock was trading the day before the bid was announced - scared away other possible purchasers.
The acquisition of Dow Jones is expected to help jumpstart News Corp.'s launch of its new Fox Business Network in October. News Corp. announced plans for the channel, which will compete with CNBC, in February. CNBC and Dow Jones have an exclusive content-sharing deal that runs until 2012 in the United States.
News Corp. had been one of the better performing media stocks of the past year thanks to the ratings and box office success at the company's Fox broadcast network and movie studio, as well as optimism about its online strategy. But the stock has dipped nearly 5 percent since News Corp. announced its bid for Dow Jones.
"Investors don't seem too pleased with the acquisition. It's going to be a long time before we know how this deal shakes out for News Corp. and if the synergies with the new TV channel work out," said Joe Bonner, an analyst with Argus Research.
But Quinnipiac's Hanley argued that Dow Jones, under News Corp., could wind up doing better online. Hanley pointed to the company's success with digital media assets like MySpace.
Hanley suggested that one quick change News Corp. could make at the WSJ would be to make the online product completely free in order to increase readership and online advertising. Much of the content on the Journal's Web site is currently only available to paying subscribers.
"News Corp. could help stop the bleeding at Dow Jones. News Corp. is moving aggressively online and I think Murdoch will tear down the subscription wall at the Journal," he said.
Before News Corp's bid, Dow Jones stock languished for the better part of two years as investors soured on newspaper publishers due to falling circulation and lower ad sales as more readers and advertisers flock to the Web for news.


text: Welcome to our forum. This service allows association members and visitors to communicate with each other by posting messages that can be responded to within the forum. All inappropriate postings (profanity, personal attacks, sales pitches) will be removed, and the poster of such messages banned. Note that we can't archive these postings as we have done with the guestbook.


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Summer camp is supposed to be a fun respite from the stresses of the school year, but let's be honest: navigating the social structure of the mess hall is not all that different from figuring out where to sit in the cafeteria. That's why a tipster once devised this guide to "How to be Cool in Camp" before taking off for sleepaway camp back when he was the ripe old age of 10.
Some of these bullet points read a bit like The Game for preteens — "Only allow your date up to 2 mercy dances"? What does that even mean? — but the rest are pretty great, from "You ALWAYS think the food is okay (not good, not bad, not so-so)" to "Don't be stuck on yourself, but don't be an underachiever." As excellent as this list is, we also hope this kid actually got out of his head long enough to waterski, make some lanyards, and maybe ask out a girl or two.


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Sunday, January 19, 2014
Beet Gnocchi with Walnut-Sage Butter
The beets need to be roasted and allowed to cool before they can be pureed for the dough. I did that step a day in advance. The skin slips right off the beets after they've been roasted. Then, I trimmed the ends, chopped them into big chunks and refrigerated them until the next day. The beet chunks were pureed in a food processor until smooth. That puree was combined with ricotta, an egg, some salt, and grated parmigiano reggiano in a stand mixer. After mixing to combine, flour was added and incorporated. The dough was kneaded to smooth it a bit, and then it was wrapped in plastic and left to rest for about 30 minutes. The rested dough was divided into pieces that were each rolled into a rope. One half inch pieces were cut from the ropes of dough and placed on a parchment-lined baking sheet that had been dusted with flour. A second baking sheet was drizzled with oil, and water was brought to a boil in a wide pot. I only cooked enough gnocchi for one meal and placed the rest in the freezer. To cook them, they're placed in boiling water but not too many at a time. There should be plenty of room for them to move around in the water. They'll rise to the surface and then should be cooked for another minute or so. They're then transferred with a slotted spoon to the oiled baking sheet. The oil is important because without it, they would stick. The last step is to brown some butter and crisp some sage leaves in it. Lemon juice was added to the butter and sage before the cooked gnocchi were tossed with the sauce. The dish was plated with toasted walnuts and more parmesan on top.
The brown butter, sage, walnuts, and hint of lemon were perfectly matched with the gnocchi. I crisped some extra sage leaves because I always want more of them. I would definitely serve the extra gnocchi from the freezer in the exact same way again, but I might try adding some gorgonzola crumbles too. I also might try inviting some friends over who think they don't like beets.
Posted by lisa is cooking at Sunday, January 19, 2014
22 comments:
Oh Lisa! You have outdone yourself with these gorgeous gnocchi. I'm a beet lover from way back so you will not lose me as a visitor. Even if I didn't like beets I would still visit. You create the most amazing meals!!! I can't even think of a better match than the Brown butter sage and the trimmings. Perfect!ReplyDelete
My problem with roasting beets is the mess I always make. Any suggestions? I always manage to get their beautiful color all over the kitchen. Even when I'm extra careful:)
Thanks for sharing, Lisa...I would love to taste these right now!!!
Not in danger of losing me… In fact, I bought beets to try your juice, wimped out afraid of the mess (my juicer is all white), and ended up making a roasted beet hummus… turned out great, but your gnocchi beats my hummus by a long shot! ;-)ReplyDelete
Beautiful, refined and ever so scrumptious!ReplyDelete
The butter is the best part for me since beet is not my friend - but you are so creative and gourmet :DReplyDelete
So gorgeous and flavourful! I am a huge fan of beets, so keep them coming!ReplyDelete
I don't like beets, but I don't hate them either. I will eat it if it is delicious. The beet gnocchi looks nice, probably can try to mix with sauce that make from coconut milk and palm sugar, serve as dessert, should be really good. :)ReplyDelete
La mezcla es un maridaje perfecto me encanta luce muy bonito,abrazos.ReplyDelete
The most beautiful gnocchi I have seen! An exceptional beet recipe for a splendid winter treat!ReplyDelete
I don't love beets but I am always willing to try new recipes...especially when they are gnocchi!!!ReplyDelete
This is stunning, Lisa, and so pretty. I love beets and don't they provide the most amazing colour. What a beautiful meal - it looks too pretty to eat! xxReplyDelete
i've never even made regular gnocchi and here you are making a beet version! it's just gorgeous, lisa--impressive work!ReplyDelete
Beetroot gives such a lovely color :) on hands too :DReplyDelete
that color!ReplyDelete
this is like a piece of art work!
That sounds wonderful!ReplyDelete
Love the vibrant colors of this gnocchi and the pairing sounds good too. I tried making beet gnocchi once but somehow it fell apart and then I never gave it a try.ReplyDelete
- AnonymousJanuary 22, 2014 at 8:54 AM
wow, look at that gnocci color,ReplyDelete
your photograph is always astouned me lisa,
great job!!!
I make gnocchi sometimes (not a lot, but sometimes), but never even thought to make beet gnocchi. Wonderful idea! I love this - thanks.ReplyDelete
Wow! I am not a beet lover but yowzers the color of these is stunning and would make me definitely eat a plateful. I am curious and intrigued! I think the texture of the gnocchi would make me forget the dislike of beets since it is really a question of texture. And the butter. Simply a gorgeous dish!ReplyDelete
I have two bunches of beets in my 'fridge, so beet recipes are great. The gnocchi looks gorgeous - and tasty too.ReplyDelete
Lisa, this is the most beautiful gnocchi that I have seen...I love the flavor of the sauce...absolutely gorgeous.ReplyDelete
Hope you are having a wonderful week my dear :D
I don't like beets at all but they make everything look so darn pretty and I might manage it in gnocchi.ReplyDelete
I understand that when you are referring to beet haters you're talking about me! These are so gorgeous though, I would definitely try them.ReplyDelete


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Show SummaryAdam opens the show discussing Winter Storm Maximus, which is just about to blow through. He also complains about inaccurate weather forecasts, and American cheese in omelets. Alison then complains about the lack of Wi-Fi on the flight over, and Adam answers some very important audience questions during a round of Q and Ace. Today's news begins with Amanda Knox being found guilty for a second time. The gang also discusses a horrible escalator accident, Ke$ha's weird rehab request, and the types of guys that other guys might share a bed with. As the show wraps up, the group talks about a Pizza Hut manager that got arrested after spitting in a cop's pizza, and a story from Colorado about a Mile 420 marker that kept getting stolen.
Superfan SidebarClick Here for Superfan Giovanni's recap and commentary on today's episode. For more, go to AdamCarolla.com/Gio.
Show CreditsProducers: Mike August, Mike Lynch, and Mike Dawson Co-Producers: Gary Smith, Chris Laxamana, Matt Fondiler and Jeff Fox Newsgirl: Alison Rosen Sound Effects: Bryan Bishop


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The Palo Alto Medical Foundation was hit with one of the largest medical malpractice verdicts in Santa Clara County history Monday, March 19, after a Menlo Park woman suffered a stroke while undergoing treatment for migraines.
Robyn Frankel, who was 43 years old in 2006, when the treatment paralyzed her, won a $22 million verdict from the jury of six men and six women.
Frankel had suffered from migraines her entire life, said Summer Woodson, one of her attorneys. She went through several non-invasive imaging procedures, such as magnetic resonance imaging.
In 2006, doctors decided to give her a cerebral angiogram. The procedure involved injecting a dye into a vein to inspect what doctors believed could be causing her headaches. But according to the lawsuit, Frankel was not told that the procedure was invasive and risky. The jury found she was not given informed consent, Woodson said.
"She had a reaction to the procedure and stroked out," Woodson said. "Nobody talked to her about why she is having it or the risks."
Expert witnesses testified that the cerebral angiogram was not medically necessary, and it did not provide any benefit. Nothing could be seen that wasn't already visible in the non-invasive tests. Looking at the vein as a cause of her headaches was "baloney," Woodson said the experts testified.
Frankel had two small children and a lucrative career as a property manager in her family's business, Frankel Properties, prior to the stroke. She was in a coma for six weeks and woke up unable to use her right side and with limited use of her left. She requires full-time, round-the-clock care, Woodson said.
Frankel said by email that she could not speak or move for months after the procedure.
"I was bedridden. I used to participate in all my children's activities in and out of school. I used to ride horses and be involved with vaulting, which is gymnastics on horseback. I can no longer do any of these activities.
"I have since been going to physical therapy, massage therapy, horse therapy, personal trainer, swim therapy, speech therapy and need 24/7 care.
"Thanks to the financial assistance from my mother and father, I was able to recover enough that I can now speak slowly, I have use of my left arm, I can stand with help, and I can sit in a wheelchair, but still need 24/7 care and need to be turned every 2 hours at night," she said.
The case was originally filed in 2008 but was dismissed in May 2010 with prejudice, which meant it could not be reopened, Woodson said.
Stanford University Medical Center, which was also a defendant, had petitioned the court for a summary judgment. Frankel's previous attorney felt he would have difficulty opposing or winning the summary judgment and dropped the case, Woodson said.
Frankel then hired David Bovino of Aspen, Colo., and co-counsels Emison Hullverson Mitchell LLP of San Francisco. The firms were able to get the case reopened by showing there were "triable issues of fact," Woodson said.
Stanford settled the case for an undisclosed sum on Feb. 21, the first day of the trial, she said.
The jury found Palo Alto Medical was negligent in Frankel's treatment and care and that negligence was a substantial factor in causing her harm.
The verdict includes $2 million for past economic losses in earnings and past medical expenses, $14 million for future economic losses and Frankel's future care, and $6 million for pain and suffering.
The pain and suffering award would immediately be capped at $250,000, however, as required under the Medical Injury Compensation Reform Act of 1975, Woodson said.
There aren't many medical malpractice cases in California, due to the pain and suffering cap, Woodson said. The large verdict is probably because of Frankel's young age and the long life she is expected to live with her disabilities.
Frankel's medical care costs between $300,000 and $350,000 per year, Woodson said.
Santa Clara County Superior Court Judge Carol Overton is expected to enter the final judgment on the verdict in a few weeks. Woodson said an appeal by the Medical Foundation is expected and is standard in such cases. It could be filed in about two to three months after the final judgment is entered.
Dr. Richard Slavin, CEO of Palo Alto Medical Foundation, said in a statement Wednesday:
"We deeply sympathize with Ms. Frankel and her family. While we respect the jury process, the medical group is presently considering its legal options. We believe that the care provided by the Palo Alto Foundation Medical Group was appropriate. We appreciate the trust that the community has placed in us for the past 80 years to provide the best possible care for our patients. The safety and health of our patients has always been, and will continue to be, our highest priority."
Frankel said her children are now 8 and 16 years old. "I am so proud of them, as they have been by my side for the past 6 years.
"I am so grateful to my attorneys and family for their support, and I am elated with the award of $22 million. I thank the jury for their understanding of what actually occurred and the generous award, which will allow me to take care of myself and my children for many years," she said.


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Tools of the trade
I remember when Rebecca wrote about A Baseline for Front-End Developers:
I think we're seeing the emphasis shift from valuing trivia to valuing tools.
I know that Paul places a similar emphasis on the value of front-end development tools. Personally, I've always been lax with keeping up to date with start-of-the-art tools. I've been working on the web long enough to see yesterday's cutting-edge tools stagnate or fall out of favour.
Still, I should really do more to keep up. There are a few design tools cropping up that I should really investigate.
LayerVault and Pixelapse both offer git-style version control for Photoshop, Fireworks, and Illustrator files. Sounds useful.
Then there are the tools that I think could be really useful for making HTML prototypes: Easel is browser-based, while Hammer and Mixture are OS X apps. They've all got enough time-saving shortcuts to make them worth investigating further. I wouldn't use them for production code, but like I said, handy for prototyping.


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Twister is a memebership system that allows users to create rotators.
A rotator gives them 1 URL at your site that 'rotates' between a list
of sites they want to show to others. Users can control 'how' the
sites are shown (which are shown more often), and can see statistics
about historical views, referring URLs, and so forth.There are no credits here, just rotation and good historical
statistics. Upgrades are available to get more rotators, or to allow
more sites per rotator. Anyone viewing the rotator can pull down a
list of URLs. This is popular with traffic exchange owners, so they
know what sites will be shown through your rotator.


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The following post on great free WordPress Templates was written by Reese Spykerman from Design by Reese.
A search for free WordPress themes yields thousands of results, some dull or cluttered, some utilitarian, and many inspiring and beautiful. Numerous other well-designed WordPress themes are available to you, but these are 10 that stand out to me for various features including good usability, organization, attractive use of graphics, cross-genre appropriateness and even search engine optimization.
1. GridFocus Public
Skellie can't be wrong: she uses this theme on both of her blogs.
Super easy to navigate and clear in its structure and hierarchy, GridFocus can impart a more serious, trustworthy tone to your blog.
Ideal for: ProBloggers, Frequent Bloggers, Minimalists, Authors, Internal Corporate Blogs
2. Blue Zinfandel Squared Enhanced
When you want your words to stand out without unnecessary clutter, try Blue Zinfandel.
The main body text size could be increased for greater legibility (you can change this in the style sheet under style.css>#content p and add a rule for "font-size" (such as font-size: 14px;).
The classical look of this design makes it a good fit for journalists and other writers.
Ideal for: Journalists, PR Reps, Authors
3. BlueBird
Looking for a lovely, classy little design for your personal blog?
3-column BlueBird fits the bill well, especially for female bloggers.
Life coaches and counselors on a low budget might also find this an appropriate theme for a promotional blog.
Ideal for: Personal Blogs, Life Coaches
4. Rockin' Biz Red
This conservative 2-column theme works well for corporate, business and legal bloggers.
With plenty of whitespace and judicious use of the color red, Rockin' Biz Red is great for the business blogger who wants a bit more personality than some of the minimalist themes listed here.
The top header image of an office can be easily swapped out with an image of your choice.
Rockin' Biz Red is also available in a more robust 3-column version.
Ideal for: Business Blogs, Corporate Blogging, Legal Blogs, Finance-related topics (swap out the top header for a more appropriate image. Istockphoto has low-cost, high-quality images.)
5. Colors of Rainbow
For the obligatory "web 2.0 style" theme, TechnRoll uses popular colors and effects without going overboard.
Its top area can be easily rebranded with your personal or business logo.
The prominent location of the RSS feed link in the upper right can help drive subscriptions to your feed, so it gets a promotional and usability thumbs up.
Ideal for: personal blogs, business blogs, review sites, real estate blogging
6. Elite
A design with dark tones can set your blog apart from the majority of white designs used on blogs.
Elite uses shades of dark gray, which are offset by friendly blue and green typography.
Although simple in its layout and usage of details, Elite helps your blog look both authoritative and approachable.
Ideal for: Review blogs, Tech blogs, Authority Bloggers, Personal Blogs, Gadget sites, Finance and Stock Blogs
Fresh is bright enough to make your readers stand up and take notice, but mature enough to brand you as a professional.
Well organized, easy to read and notable in its attention to small details such as icons and supporting graphics, Fresh is appropriate for just about anyone.
However, its blue theme may resonate best with male visitors.
Ideal for: Personal blogs, tech-related blogs
8. Blix
Many theme designers claim their code is search engine optimized (SEO), but Blix is one of the few that is created with SEO specifically in mind.
Blix's code uses best practices more than the majority of other WordPress themes and is optimized for Google Adsense integration.
Blix is a good start if you aren't consulting with an SEO and optimization is your primary concern when downloading a theme. A version with greater optimization is also available for sale. (Note: Michael Gray has great tips on further optimizing your WordPress blog for SEO.
Ideal for: SEO, Product-Based Sites, Monetized Blogs, Internet Marketing
9. GridLock
Order and balance define Gridlock, which uses a lovely, magazine-style layout that makes for a visually stunning, clean and usable design for your readers.
When you want to look sophisticated and polished, this is the WordPress theme for you.
Ideal for: ProBloggers, Writers, Corporate Blogs, Business Blogs, Anyone who loves order and balance.
10. Jello-Wala-Mello
Alternative layouts beyond the usual 2-column or 3-column setup are difficult to find.
Jello-Wala-Mello turns your WordPress blog into cubed, magazine-style format.
By featuring your latest entry as a large blurb on top, with blurbs from your prior entries below, this theme helps pull readers into your archives and decreases endless scrolling on your home page.
Ideal for: creative professionals, small media (independent online publications, alternative media), journalists, review sites.
Watch Out for Malicious Code
When downloading WordPress themes, keep in mind a lot of themes get redistributed without the original creator's permission and are often modified with spyware or other malicious code. Check out the theme's ìfooter.phpî file and look for code that looks garbled. A legitimate footer file will either be blank or have some html and php code in it. A hacked footer file has one long line of code that looks encrypted. Derek Punsalon has more info http://5thirtyone.com/archives/870 about issues with themes on 3rd-Party sites.
Modifying Credit Links in the Footer File
Sometimes the modifications are less overt: the footer file will be modified with spam-type credit links (stuffed with keywords to online banking, poker, prescriptions, etc). These can be edited as well and replaced with links of your choice or removed entirely. Before you remove a credit link that looks legitimate, see if the author has a license that requires the credit to remain.
Note from Darren: Of course blog design is a fairly subjective thing. I asked Reese to write this post as I get a lot of questions from readers wanting to know which WordPress theme they should choose for their blog and in the hope that this might highlight a few places to start (as well as some of the things to look for in other themes). Both Reese and I would love to hear your own suggestions on free WordPress Themes that you like also.


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Several sources have reported an SDF attack across Lake Assad just west of the Tabqa Airbase and Tabqa dam. Some of the reports are a little wild saying U.S. Marines are part of the assault force. Some are showing photos of airborne assaults. I think these can be dismissed as bogus exaggerations. What is happening is a well planned and well executed surprise offensive that has become characteristic of YPG/SDF operations. It was a river crossing supported by an air mobile insertion. The Military Times had this to say:
"U.S. aircraft have transported more than 500 Syrian Arab Coalition fighters and provided them with close air support in an operation to take the Taqba dam. The operation launched yesterday is intended to "reclaim the last route in and out of Raqqa," said Pentagon spokesman Eric Pahon."
This series of tweets from @24Raqqa made over a four hour period sums up this operation as of an hour ago.
– Five Helicopters started the Airdrop operation backed by fighter jets. US and SDF fighters controlled the peninsula area and Shurfa town.
– Daesh evacuated civilians from that area a while ago for unknown reasons and prevented any refugees from East Aleppo to enter.
– SDF fighters are crossing the lake to the newly controlled area after securing it.
– About five fighter jets are flying in the area to prevent any Daesh unit to arrive.
– It is not true about controlling Aleppo-Raqqa road at that area. US and SDF fighters trying to secure their captured area.
– Aleppo-Raqqa road is still open and used by civilians.
– SDF fighters keep crossing the lake with special military boats to the new controlled areas.
– Raids bombed locations in Tabqa city west of Raqqa.
– More fighters arrived in the last two hours and many heavy vehicles were transported to the new controlled area.
– SDF backed by US forces and heavy vehicles started before one hour moving south and controlled the Aleppo-Raqqa road.
– SDF backed by US forces are moving to Euphrates dam.
The DOD spokesman said 500 SDF fighters were inserted by U.S. aircraft. I doubt all 500 fighters were brought in that way. It is much more likely that a smaller force was brought in with their Special Forces advisors to seize and secure the landing area so that the bulk of the SDF forces could land by boat along with their vehicles. The talk about Marines being involved probably came from Marine Ospreys used for the air landing. This is a YPG/SDF operation with Special Forces advisors and significant Coalition air support. This was always part of the Wrath of Euphrates plan to encircle Raqqa. We knew it was coming. Yet they still appeared to achieve tactical surprise. I attribute much of this to the lightness of the YPG/SDF forces. There is little logistical build up beyond pulling up your socks, tying your boot laces, filling your magazines and stepping forth. (Yeah, I know I'm exaggerating, but you get my point.) They and their Special Forces advisors clearly favor maneuver over firepower.
I have found photos which may or may not be related to this assault. Although a unit patch can be clearly seen as well as a watermark, I cannot determine what unit this is. Any information on this would be greatly appreciated.


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Those glitter-skinned vampires are at it again: "The Twilight Saga: Breaking Dawn Part 2" is breaking more records.
The fifth and final film in the franchise grossed an estimated $30.4 million from Thursday night and midnight shows in North America.
That's the third biggest opening ever, according to Hollywood.com, a hair ahead of the prior "Twilight" last year. It means that four "Twilight" films are in the top six biggest openings ever. And it puts the film on track to pull in as much as $150 million at the U.S. box office this weekend.
Overseas the film is off to an even bigger start—setting records in Italy and France for the biggest one day gross of the year. On Wednesday, when it was open in just a half dozen countries, it grossed some $14 million.
The big winner is Lionsgate, which bought the producer of the films, Summit, for $412.5 million in cash and stock in January. After the massive success of "Hunger Games" this spring, this firmly solidifies the studio's stranglehold on this highly profitable genre: movies based on hit young adult fiction. (Read More: 'Twilight' for Lionsgate? Nope, Says Adami.)
Needless to say, we can assume that somewhere in the first few weeks of the release of "Breaking Dawn Part 2," the Summit acquisition will start to boost Lionsgate's bottom line. A strong box office always indicates higher DVD and home entertainment revenue. And the more people who see a movie, the more merchandise is likely to sell.
Lionsgate isn't the only company cashing in on the "Twilight phenomenon." The publisher of the books—Little, Brown—is owned by Hachette Group. A new movie always reinvigorates interest in the book series. (Read More: Is the Movie Business Killing the Movies?)
And of course the theater chains benefit—Regal Entertainment, AMC, Cinemark and Carmike Cinemas here in the U.S., andImax, which is releasing the film only overseas.
There is also an eclectic group of licensing partners.
Jamba Juice is offering a limited edition Breaking Dawn "Berry Bitten" smoothie. This is part of a promotional campaign which includes Jamba Juice and "Breaking Dawn"-branded slap bracelets, and Twitter-based sweepstakes that awarded 1,000 winners tickets to advance screenings.
Hot Topic is continuing its longstanding relationship with the "Twilight" brand, selling exclusive merchandise. (Read More: Highest Grossing Fantasy Movies.)
Yahoo Movies did an online showing of the red carpet premiere, looking to draw fans to its site.
Time Warner Cable offered its customers a chance to attend the Hollywood premiere with a sweepstakes.
And there's a limited edition makeup collection from European cosmetics line, essence.
The better the movie does, the more valuable these tie-ins are to the partner companies.
—By CNBC's Julia Boorstin
Questions? Comments? email@example.com


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Our Ordering Policies and Procedures are described below. To view specific information, click on the short cut link below. If all of your questions are not answered here, please feel free to contact us by phone or email.
Pickup Policy
In most circumstances, we will process your order within 24 hours of receipt. If you order on the weekend, it will not be sent out until the following week. We will package all items available from our shelf and charge your credit card for the amount of the items plus applicable sales tax. (For more information about our Credit Card policy, please scroll down.) We will send you an e-mail confirmation that your order is ready for pick up. A copy of your Receipt or a photo ID may be required for pick up.
If we do not have some items on our shelf at the time of packaging, we will state which items are not available in our Confirmation to Pick Up e-mail. You may notify us via return e-mail or at the time of pick up if you would like us to Special Order the remaining items. Extra charges may be incurred in some cases.
Shipping/Delivery Options
Most orders are shipped using Priority mail which is a 2-5 business day delivery. We use the United States Post Office .
If you need to track your shipment, please refer to your Order Number on your order Receipt. Please call our store or send us e-mail with your request and we will respond with a status report as soon as possible.
Please note that all charges are stated in United States currency. All weights are stated in US measurements (1 US pound equals approximately 0.45 kg.)
Order Amount (dollars) = Shipping Cost
$1 – $99 = $7
Over $100 = Free
Sales Tax
State sales taxes are applied to all shipments within our home State. Sales taxes are not applied to shipments for destinations outside the State. Sales taxes vary according to the category of item ordered and are calculated at the cash register. State tax is charged in accordance with the law and all tax collected is remitted directly to the State and is not kept by this Store. If you have a question about sales tax, please contact the store via e-mail, phone or at your next visit.
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Payment for orders will be made via your credit card upon picking and packing the order. Sales tax and shipping charges will be added if your order is being shipped to the address on your Order Confirmation. Your credit card will be charged on the day that your order is shipped. You will receive an e-mail confirmation that your order has been shipped and your credit card charged.
If your order is to be picked up at the store, we will charge your credit card at the time that the order has been packaged and ready for pickup. We will notify you via e-mail that your order is ready and that your credit card has been charged. If your order is not picked up within 14 days of Notice for Pickup, we will return the items to your shelf and credit your credit card for the amount of the order minus a $5.00 restocking charge.
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Full refunds are provided for unopened products returned to the store in person or via a return shipment no later than 30 days from the date of purchase. A copy of your receipt is required with the product for a full refund. Refunds are not accepted on items returned more than 30 days from the date of purchase.
Refunds may be provided for opened products returned to the store in person or via a return shipment no later than 30 days from the date of purchase. We reserve the right to deny a refund. A copy of your receipt is required for a refund.
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We respect and value your privacy. You may visit our web site at any time and your identifying personal information will be used only to support the relationship between you and our store. In this regard, we guarantee that we will not sell or provide your personal information, either in whole or in part, to anyone for any reason, unless required to do so by order of law. For more detailed information regarding our Privacy Policy, please click on the Terms and Conditions link provided at the bottom of each page.
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We endeavor to provide you with full protection surrounding any personal information such as your name and contact information, including your mailing address, contact telephone number/s, and other pertinent identifying information you may provide to us in order to serve your needs. In addition, we use the latest and most up-to-date security software to encrypt your payment information, including your personal and credit card data. For more detailed information regarding our Security Policy, please click on the Terms and Conditions link provided at the bottom of each page.
Credit Card Processing Policy
We work to protect the security of your information so that no part of your Credit Card can be read during transmission by using Secure Sockets Layer (SSL) encrypting software. Credit Card payments are processed when you order the product(s), we never see your card information. If you have any questions about the charges on your Credit Card, please contact us via e-mail or telephone and provide us with your name and your Order Number.


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Apple to probe smartphone charging death mystery
HONG KONG (CNN) -- U.S. electronics giant Apple is investigating reports in China that a woman died after being electrocuted while trying to make a call with her iPhone 5 while it was charging.
Ma Ailun, a flight attendant with China Southern Airlines, was picking up her handset to answer a call last Thursday when she received an electric shock, police said Sunday, in reports carried by the state-run Xinhua news agency.
Police, who are continuing their investigation, have not yet identified a cause -- whether the phone or anything else.
In a statement received by CNN, Apple said: "We are deeply saddened to learn of this tragic incident and offer our condolences to the Ma family. We will fully investigate and cooperate with authorities in this matter."
Many have taken to to social media to question how the 23-year old from China's far-western Xinjiang Uygur Autonomous Region died.
"(I) hope that Apple Inc. can give us an explanation. I also hope that all of you will refrain from using your mobile devices while charging," a person identified as Ma's sister posted on Weibo, China's Twitter-like service.
Meanwhile, Ma's father, Ma Guanghui, said that his daughter was electrocuted, adding that her body showed signs of electrocution, Xinhua said.
But Monday's Xinhua report also pointed out that mobile phones have a low output of only 3 to 5 volts, which isn't enough to harm the human body.


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Critics mostly agree that the Punk show at The Met isn't very good. I'm not a different voice in this choir, but perhaps my tenor might offer a slightly different pitch. This week at The L Magazine I explain why the Met Museum's "Punk: From Chaos to Couture" fails.
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Welcome to the Captain's Corner, your first stop for all things related to being an Underdog Captain!
Whether a new or returning Captain, this page is designed to be a resource for Captains answering your questions, clarifying any rules, and providing you the tools you need to empower yourself as a Captain.
Registration | Schedule | Payment
Captain's Toolbox | Rules | Team Organization
What sports can I pick from?
We offer eight different sports that vary in availability throughout the year, found on our Sign-Up Calendar.
How much does each league cost?
League costs vary from sport to sport and estimated prices can be found on our Sports Facts Page.
When do I need to sign up by?
Leagues fill on a first come, first serve basis so the sooner you sign up the better chances of getting a spot! There is no deadline, and we'll even offer Week 2 starts when available! Don't let choosing a unique team name or finalizing your roster postpone your registration... you can edit both after you've Confirmed your team spot in the league.
How many players do I need for a Team?
Roster Cap and required gender ratios information can be found on your Captain's panel when you're inviting your teammates with the FunLink.
Roster sizes vary from sport to sport, and Underdog suggests that teams have at least one sub of each gender. An extra couple members means more players, more fun, and more security if something unexpected comes up. Build a full team roster for all players to be eligible for playoffs and to eliminate the chance of any forfeits due to too few players.
If your team needs to exceed the Roster Cap for your sport, you can purchase additional roster slots for $20 per person above the cap. You can assign these additional players TeamPayer fees once added. Check out more information how to add additional roster spots below:
How do I build my roster?
As the Captain, you can build your roster using the FunLink!
Using any app on your phone or Facebook, Twitter, or email on your computer to send your teammates the FunLink to accept their roster spot. You can also a default TeamPayer fee to your FunLink so they pay their portion of the team balance once they accept.
Rosters lock the day after the Week 2 games, so make sure your team is complete by then!
Can I create a Company Team?
Sure! Several companies offer to pay for all or part of their employee's league fees. Please review the Company Kick-In in our Captain's Toolbox below, or Email us about any questions regarding the set-up of your company sponsor!
Where and when do we play?
When you register for an Underdog League, you choose the location and day of the week you will be playing. Teams usually play 5-7 regular season games plus 1-2 weeks of playoffs at the end of the season, depending on the sport.
What do I need to bring to the league?
It varies by sport. Underdog provides most equipment, however you can visit our Sports Facts Page to check for your specific sport. Please do wear athletic shoes and clothing!
When will I receive my team's schedule? When will I receive the FULL season schedule?
The first week schedule is emailed out to captains 5-7 days before the league start date. We only do the first week schedule so that we can take into account team skill level and schedule requests before making the full season schedule, which will be posted 1-2 days after your first game.
Is it possible to make schedule requests? What if my team can't make our game?
Yes! Making a schedule request consists of asking for a change in time, date, or location of your game. Captains can put in schedule requests through your "Manage Team" panel, you can purchase a single date request for $25 or a full season for $60. If we are unable to accommodate the request, there will be no charge.
Any requests sent in after the full season schedule has been posted will be considered a game change and will be $50 for each change that we are able to accommodate; however, we cannot guarantee anything once the season has started. You can send schedule requests to email@example.com.
The score was incorrect from our last game! What do I do?
As a Captain, part of your responsibility is to double check the scores/standings each week after your game. Please email email@example.com with the correct score for your team's game. We appreciate your help!
What is Team Payer?
Team Payer is an easy way for your teammates to pay their portion of the Team Balance, so you don't have to! Send a FunLink to your teammates from your player page with a default amount input. When a player Accepts their roster spot, they pay their portion of the Team Balance directly to Underdog, in accordance with Underdog's Team Payment Policy. No need for players to dig out their checkbooks or pay the ATM free before your game!
How much does each league cost?
League costs vary from sport to sport and estimated prices can be found on the Sport Facts Page!
Do I need to pay the entire Team Balance when I register?
Nope! Captains only pay the deposit at the time of registration, which varies depending on the sport and location. The remaining Team Balance is due the day after your first game. Once your team has a Confirmed spot in the league, the Captain can assign dues via Team Payer to their teammates. As your teammates Accept their roster spot, they will pay their portion and the Team Balance will reduce!
Input a default fee to your FunLink and send it to your teammates.
Will my employer help pay for my Team Balance?
Possibly! Check out the Company Kick-In tool in the toolbox below and see if your employer is on our list of participating companies. If your employer is not currently partnered with Underdog, ask your HR Director to pitch in, and we'd be happy to add your company!
A good Captain should always be familiar with their tools. The following is a collection of the resources available for an Underdog Captain to use:
Team Payer: The easiest and best way to pay for your Underdog team. Be sure to check out the Underdog Team Payment Policy for more specific details.
Invite Link: Found in the Captain's Panel on your Player Page, the Invite Link lets you invite players to join your team without sending them an invitation via email or Facebook. Captains can even assign Team Payer dues for players who sign up for their team via the Invite Link!
Photo Uploader: Have a sweet team photo that you want to share with Underdog, either as your new Team Picture or just for fun? Fill out our Photo Uploader form and attatch your picture showcase your team's pizzaz.
Company Kick-In: A list of employers that participate in the Company Kick-In, a program that allows certain employers to pay for some or all of your Team Balance!
RSVP Tool: The RSVP Tool helps all players keep track of what games they will be able to make, and informs Captains of attendance levels from their players:
1) From the Underdog Home page, go to "my Player Page" in the top right corner to access your Player Page.
2) From the "my Schedule" tab, find the game(s) you want to RSVP for and indicate whether or not you will be able to attend (thumbs up), be unable to make it (thumbs down), or unsure of your presence (question mark) using the buttons on the right.
3) To check the RSVP's from the rest of your team, click the "View Team RSVPs" under the RSVP buttons.
Facebook: Browse Underdog Seattle's Facebook page and connect with fellow Underdog players and teams. Don't forget to "Like" Underdog Seattle and post using the hashtag #UnderdogSeattle for deals, prizes, and updates!
Instagram: Follow @UnderdogSeattle on Instagram to see what the Underdog experience is all about. Tag @UnderdogSeattle in your teams candids and #UnderdogSeattle in your stories for repost!
Twitter: Follow @UnderdogSeattle on Twitter to say up to date on all Underdog news and happenings, and to Tweet about your Underdog experience using the hashtag #UnderdogSeattle!
Never heard of Bocce before? Need a refresher on what a flag guard is in Flag Football? Wondering exactly how kickball is played outside of grade school? You've come to the right place.
Click on any of the following links for overviews for each Underdog sport:
Confused about new policies? Looking to sign up for another league or sport? Worried about the weather?
Follow the links below for information regarding your organizational concerns:
To complete the process, remove the app from your Facebook settings.
Feel free to try again, and be sure to grant the requested privileges.
Feel free to try again, and be sure to grant the requested privileges.
Feel free to try again or contact us for assitance.
|Last Login
These are the accounts with the same email address as your Facebook account ().
If you'd like to use a different account, log into that account using your email (or username) and password, then connect your Facebook account from your Player Page.
*NOTE: In order to keep your site and player info safe, Admin and Staff accounts cannot be linked to Facebook.


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The 29th annual Hope College Run-Swim-Walk will be held on Saturday, Oct. 14, in conjunction with the college's Homecoming Weekend.
The 29th annual Hope College Run-Swim-Walk will be held on Saturday, Oct. 14, in conjunction with the college's Homecoming Weekend.
The event is co-sponsored by Shoreline Orthopaedic and Sports Medicine Clinic, and Macatawa Family Medicine in cooperation with the college's department of kinesiology.
For the first time, the Run-Swim-Walk will stage outside the west entrance to college's new DeVos Fieldhouse.
Events will include running, swimming and walking. There will also be a health fair open to both participants and spectators. A cycling event held in previous years has been discontinued.
The 3,200-meter (two-mile) prediction walk will begin at 10 a.m. at the DeVos Fieldhouse and travel through the nearby Buys Athletic Complex. The 10 best predictions, estimating the amount of time the competitor will require to complete the walk, will win medals.
Competitive runners will compete in a 5,000-meter (3.1-mile) run beginning at 10 a.m.
The Kresge Natatorium in the Dow Center will still be the site of two swimming events: a 400-meter (1/4 mile) race against the clock beginning at 8:30 a.m. for those 14 years and younger, and an 800-meter (1/2 mile) race beginning at 9:15 for those 15 years and older.
The health fair will be held in the DeVos Fieldhouse from 8:30 a.m. to 10:30 a.m. Information will be provided on diet and nutrition, exercise and stress management techniques. Calculations will be available on a person's body fat, blood pressure, flexibility and muscle strength.
A T-shirt will be provided for participants who register by Friday, Oct. 6, but entries will be accepted on Saturday, Oct. 14 at 8 a.m. Competitors may dress and shower at the DeVos Fieldhouse.
The registration fee is $8 for each competitive event. Registration forms are available at the main office in the DeVos Fieldhouse, located at 11th Street and Lincoln Avenue on the Hope campus, or by calling (616) 395-7070.


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(Adds experts' comments in paragraphs 12, 13)
By Paresh Dave
SAN FRANCISCO, Dec 4 (Reuters) - Facebook Inc's Instagram said it will require birthdates from all new users starting on Wednesday, expanding the audience for ads for alcohol and other age-restricted products while offering new safety measures for younger users.
Until now, Instagram except for limited circumstances has required its 1 billion users only to say they are at least 13 years old.
Instagram said advertisers were not the driving force for the new requirement. Gambling and birth control are among other types of ads restricted to older audiences by Instagram policies and laws.
The policy change could help stave off passage of costly child safety and data privacy regulations as lawmakers and family safety groups in the United States, Britain and elsewhere criticize the app for exposing children to inappropriate material.
The birthdate requirement is the latest step Instagram has taken to move away from longstanding principles such as anonymity that had distinguished it from Facebook's namesake app.
"Understanding how old people are is quite important to the work we're doing, not only to create age-appropriate experiences but to live up to our longstanding rule to not allow access to young people," Instagram's head of product Vishal Shah said in an interview with Reuters.
He declined to specify age-based features in testing, but said age could be the basis for recommended privacy settings or in-app education about staying safe online. Birthdates will not be visible to other users.
In addition, Instagram will introduce in the coming weeks options for users to block messages from people they do not follow and for both businesses and popular users who are known as "creators" to more easily restrict minors from viewing their posts, Shah said.
Scrutiny of Instagram increased as it overtook Facebook's main app in popularity among teens and young adults and became a leading contributor to Facebook's revenue growth.
Instagram will not verify birthdates because teens often cannot prove their age, and it will still be left without birthdays of some existing users. Instagram expects most people will be honest about birthdates and said artificial intelligence could eventually aid verification.
Jeffrey Chester, who focuses on kids' safety issues at the Washington-based Center for Digital Democracy, described Instagram's new policy as "long overdue" to come in step with U.S. laws aimed at preserving the online privacy of children under 13.
But the London-based National Society for the Prevention of Cruelty to Children said asking for "an unverifiable date of birth will do nothing in practice to protect children from harmful or age-inappropriate content."
Until now, Instagram required birthdates only in limited circumstances.
Users who had merged their Instagram profile and Facebook account, which requires a birthdate to create, turned over the data. Minors in the European Union over the last 18 months also had to submit birthdates so the company could comply with the region's new data privacy law, known commonly as GDPR.
The existing birthdays, along with some rough analysis by workers poring over posts mentioning "happy birthday" and other terms, has helped Instagram train machine learning software that predicts a user's age and gender.
The automated prediction also takes into account the variety of posts someone makes and the hashtags used.
Instagram employs its predictions to understand usage patterns by age and gender. But Shah said Instagram is reluctant to use predictions to personalize features or determine whether someone is lying about their age because of reliability and transparency concerns.
The forthcoming birthdate data will help improve accuracy, Shah said.
"It's important for us to use people's explicit (birthdate) input for now, but that might change," he said.
Current users who have not linked their Instagram and Facebook accounts will be able to add their birthdates starting Wednesday, but the company is still debating whether it would be too intrusive to make it mandatory, Shah said. Instagram knows whether some of those users are adults, for instance, because it asks them to say so before looking at profiles of alcohol and sexually explicit businesses.
(Reporting by Paresh Dave; Editing by Lisa Shumaker and Lincoln Feast)
Our Standards: The Thomson Reuters Trust Principles.


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We live in a day and age when no single discipline is immune to change, innovation, and advancement. The profession of civil engineering is no different. civil engineering need to be able to adapt and keep up with everything new in their specific niches in order to remain relevant and for their practices to thrive. civil engineering have proven time and again to be an incredibly effective means of doing so. By identifying an engaging international conference on civil engineering in Uae either from our listing of upcoming conferences in this field or by subscribing to the conference alerts that we have on offer for all those who wish to subscribe, civil engineering conference in Uae can seamlessly register and participate in world-class events that will help take them to the next level of expertise, know-how, and knowledge in their discipline. The Conference Next platform remains the beacon of information for conferences in all disciplines and nations.
International conference in Latest Advancements in Science, Management, Commerce and Educational Research (LASMCER-2023)
International conference on advances in Science, Engineering & Technology (ICASET)
2nd World Conference on Multidisciplinary Research & Innovation (WCMRI)
44th World Conference on Applied Science, Engineering & Technology
6th International Conference on Recent Trends in Multi-Disciplinary Research (ICRTMDR-23)
International Conference on Contemporary Engineering, Technology and Management (ICCETM-2023)
45th World Conference on Applied Science, Engineering & Technology


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The Zooni Trousers #2B: Business in the front, party in the back! The same ultra shimmery golden orange that you love of 2A but with deep red accents only on the back.
The Zooni Trousers are a wide-leg, ankle-length trouser with a fitted waist panel in the front and elastic waistband in the back. They're insanely cute, super comfortable, and surprisingly airy and breathable.
Every pair is made from a recycled silk saree — no two are, or ever will be, the same.
Styling inspo:
Keeping it real:
No matter how you rock them, the Zooni trousers are so fun and flattering, we know you'll be back for another pair.
For more details on our silk pieces, including the artisans who make them, the full production process, and the way our tribe styles them, check out our Insta stories.


text: Has anyone else been hearing about sharks sightings? My friend was fishing yesterday and he claims he saw great white that was about 15 feet. Then today my other friend was checking the waves and he saw a couple of fins gliding the top of the water. Anyone else spot or hear about any sharks?


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Digital video recorders (DVRs) are commonplace but usually they're integrated with a cable decoder. Tablo's offering records OTA (over the air) HD broadcasts that are transmitted from local TV stations, free of charge. Still not excited? The Tablo can stream both live and record programs to any connected device including Android and Apple devices, and set-top boxes like the Roku or AppleTV. Now that's cool.
The Tablo contains two tuners (with a four tuner option), so can record two broadcasts at once. There's no built-in storage but there are 2 USB ports for external HDD units to provide whatever space is needed. It's perfect for cord-cutters. I'd love to see this come to the UK too.
The Tablo is on pre-order for US$219 and will be available in February 2014.
Interview by Daniel J Lewis of The Audacity To Podcast and Todd Cochrane of Geek News Central for the TechPodcast Network.Support my CES 2020 Sponsor:
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