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International Bankruptcy, Restructuring, True Crime and Appeals - Court Audio Recording Podcast
Intrum chapter 11 bankruptcy ruling, read by the bankruptcy judge on the record 12-31-2024, appealed by creditors via notice of appeal filed 1-13-2025

International Bankruptcy, Restructuring, True Crime and Appeals - Court Audio Recording Podcast

Play Episode Listen Later Jan 14, 2025 55:40


1UNITED STATES BANKRUPTCY COURTSOUTHERN DISTRICT OF TEXASHOUSTON DIVISIONIn re:INTRUM AB, et al.,1Debtors.Chapter 11Case No. 24-90575 (CML)(Jointly Administered)NOTICE OF APPEALPursuant to 28 U.S.C. § 158(a) and Federal Rules of Bankruptcy Procedure 8002 and 8003,notice is hereby given that the Ad Hoc Committee of holders of 2025 notes issued by Intrum AB(the “AHC”) hereby appeals to the United States District Court for the Southern District of Texasfrom (i) the Order Denying Motion of the Ad Hoc Committee of Holders of Intrum AB Notes Due2025 to Dismiss Chapter 11 Cases Pursuant to 11 U.S.C. § 1112(b) and Federal Rule ofBankruptcy Procedure 1017(f)(1) (ECF No. 262) (the “Motion to Dismiss Order”) and (ii) theOrder (I) Approving Disclosure Statement and (II) Confirming Joint Prepackaged Chapter 11Plan of Intrum AB and Its Affiliated Debtor (Further Technical Modifications) (ECF No. 263) (the“Confirmation Order”). A copy of the Motion to Dismiss Order is attached as Exhibit A and acopy of the Confirmation Order is attached as Exhibit B. Additionally, the transcript of theBankruptcy Court's oral ruling accompanying the Motion to Dismiss Order and ConfirmationOrder (ECF No. 275) is attached as Exhibit C.Below are the names of all parties to this appeal and their respective counsel:1 The Debtors in these Chapter 11 Cases are Intrum AB and Intrum AB of Texas LLC. The Debtors'service address in these Chapter 11 Cases is 801 Travis Street, Ste 2101, #1312, Houston, TX 77002.Case 24-90575 Document 296 Filed in TXSB on 01/13/25 Page 1 of 62I. APPELLANTA. Name of Appellant:The members of the AHC include:Boundary Creek Master Fund LP; CF INT Holdings Designated Activity Company; CaiusCapital Master Fund; Diameter Master Fund LP; Diameter Dislocation Master Fund II LP; FirTree Credit Opportunity Master Fund, LP; MAP 204 Segregated Portfolio, a segregated portfolioof LMA SPC; Star V Partners LLC; and TQ Master Fund LP.Attorneys for the AHC:QUINN EMANUEL URQUHART & SULLIVAN, LLPChristopher D. Porter (SBN 24070437)Joanna D. Caytas (SBN 24127230)Melanie A. Guzman (SBN 24117175)Cameron M. Kelly (SBN 24120936)700 Louisiana Street, Suite 3900Houston, TX 77002Telephone: (713) 221-7000Facsimile: (713) 221-7100Email: chrisporter@quinnemanuel.comjoannacaytas@quinnemanuel.commelanieguzman@quinnemanuel.comcameronkelly@quinnemanuel.com-and-Benjamin I. Finestone (admitted pro hac vice)Sascha N. Rand (admitted pro hac vice)Katherine A. Scherling (admitted pro hac vice)295 5th AvenueNew York, New York 10016Telephone: (212) 849-7000Facsimile: (212) 849-7100Email: benjaminfinestone@quinnemanuel.comsascharand@quinnemanuel.comkatescherling@quinnemanuel.comB. Positions of appellant in the adversary proceeding or bankruptcy case that isthe subject of this appeal:CreditorsCase 24-90575 Document 296 Filed in TXSB on 01/13/25 Page 2 of 63II. THE SUBJECT OF THIS APPEALA. Judgment, order, or decree appealed from:The Order Denying Motion of the Ad Hoc Committee of Holders of Intrum AB Notes Due2025 to Dismiss Chapter 11 Cases Pursuant to 11 U.S.C. § 1112(b) and Federal Rule ofBankruptcy Procedure 1017(f)(1) (ECF No. 262); the Order (I) Approving Disclosure Statementand (II) Confirming Joint Prepackaged Chapter 11 Plan of Intrum AB and Its Affiliated Debtor(Further Technical Modifications) (ECF No. 263); and the December 31, 2024 Transcript of OralRuling Before the Honorable Christopher M. Lopez United States Bankruptcy Court Judge (ECFNo. 275).B. The date on which the judgment, order, or decree was entered:The Motion to Dismiss Order and the Confirmation Order were entered on December 31,2024. The Court issued its oral ruling accompanying the Motion to Dismiss Order and theConfirmation Order on December 31, 2024.III. OTHER PARTIES TO THIS APPEALIntrum AB and Intrum AB of Texas LLCMILBANK LLPDennis F. Dunne (admitted pro hac vice)Jaimie Fedell (admitted pro hac vice)55 Hudson YardsNew York, NY 10001Telephone: (212) 530-5000Facsimile: (212) 530-5219Email: ddunne@milbank.comjfedell@milbank.com–and–Andrew M. Leblanc (admitted pro hac vice)Melanie Westover Yanez (admitted pro hac vice)1850 K Street, NW, Suite 1100Washington, DC 20006Telephone: (202) 835-7500Facsimile: (202) 263-7586Email: aleblanc@milbank.commwyanez@milbank.com–and–PORTER HEDGES LLPJohn F. Higgins (SBN 09597500)Case 24-90575 Document 296 Filed in TXSB on 01/13/25 Page 3 of 64Eric D. Wade (SBN 00794802)M. Shane Johnson (SBN 24083263)1000 Main Street, 36th FloorHouston TX 77002Telephone: (713) 226-6000Facsimile: (713) 226-6248Email: jhiggins@porterhedges.comewade@porterhedges.comsjohnson@porterhedges.comIV. OTHER PARTIES THAT MAY HAVE AN INTEREST IN THIS APPEALThe following chart lists certain parties that are not parties to this appeal, but that may havean interest in the outcome of the case. These parties should be served with notice of this appealby the Debtors who are aware of their identities and best positioned to provide notice.All Other Creditors of the Debtors, Including, But Not Limited To:• Certain funds and accounts managed by BlackRock Investment Management (UK)Limited or its affiliates;• Capital Four;• Davidson Kempner European Partners, LLP;• Intermediate Capital Managers Limited;• Mandatum Asset Management Ltd;• H.I.G. Capital, LLC;• Spiltan Hograntefond; Spiltan Rantefond Sverige; and Spiltan Aktiefond Stabil;• The RCF SteerCo Group;• Swedbank AB (publ).Any Holder of Stock of the Debtors• Any holder of stock of the Debtors, including their successors and assigns.Case 24-90575 Document 296 Filed in TXSB on 01/13/25 Page 4 of 65Respectfully submitted this 13th day of January, 2025.QUINN EMANUEL URQUHART &SULLIVAN, LLP/s/ Christopher D. PorterChristopher D. Porter (SBN 24070437)Joanna D. Caytas (SBN 24127230)Melanie A. Guzman (SBN 24117175)Cameron M. Kelly (SBN 24120936)700 Louisiana Street, Suite 3900Houston, TX 77002Telephone: (713) 221-7000Facsimile: (713) 221-7100Email: chrisporter@quinnemanuel.comjoannacaytas@quinnemanuel.commelanieguzman@quinnemanuel.comcameronkelly@quinnemanuel.com-and-Benjamin I. Finestone (admitted pro hac vice)Sascha N. Rand (admitted pro hac vice)Katherine A. Scherling (admitted pro hac vice)295 5th AvenueNew York, New York 10016Telephone: (212) 849-7000Facsimile: (212) 849-7100Email: benjaminfinestone@quinnemanuel.comsascharand@quinnemanuel.comkatescherling@quinnemanuel.comCOUNSEL FOR THE AD HOC COMMITTEE OFINTRUM AB 2025 NOTEHOLDERSCase 24-90575 Document 296 Filed in TXSB on 01/13/25 Page 5 of 6CERTIFICATE OF SERVICEI, Christopher D. Porter, hereby certify that on the 13th day of January, 2025, a copy ofthe foregoing document has been served via the Electronic Case Filing System for the UnitedStates Bankruptcy Court for the Southern District of Texas./s/ Christopher D. PorterBy: Christopher D. PorterCase 24-90575 Document 296 Filed in TXSB on 01/13/25 Page 6 of 6EXHIBIT ACase 24-90575 Document 296-1 Filed in TXSB on 01/13/25 Page 1 of 31IN THE UNITED STATES BANKRUPTCY COURTFOR THE SOUTHERN DISTRICT OF TEXASHOUSTON DIVISION)In re: ) Chapter 11)Intrum AB, et al.,1 ) Case No. 24-90575 (CML)))Jointly AdministeredDebtors. ))ORDER DENYING MOTION OF THE AD HOCCOMMITTEE OF HOLDERS OF INTRUM AB NOTES DUE 2025TO DISMISS CHAPTER 11 CASES PURSUANT TO 11 U.S.C. § 1112(B) ANDFEDERAL RULE OF BANKRUPTCY PROCEDURE 1017(F)(1)(Related to Docket No. 27)This matter, having come before the Court upon the Motion of the Ad Hoc Committee ofHolders of Intrum AB Notes Due 2025 to Dismiss Chapter 11 Cases Pursuant to 11 U.S.C. §1112(b) and Federal Rule of Bankruptcy Procedure 1017(f)(1) [Docket No. 27] (the “Motion toDismiss”); and this Court having considered the Debtors' Objection to the Motion of the Ad HocCommittee of Holders of Intrum AB Notes Due 2025 to Dismiss Chapter 11 Cases Pursuant to 11U.S.C. § 1112(b) and Federal Rule of Bankruptcy Procedure 1017(f)(1) (the “Objection”) andany other responses or objections to the Motion to Dismiss; and this Court having jurisdiction overthis matter pursuant to 28 U.S.C. § 1334 and the Amended Standing Order; and this Court havingfound that this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); and this Court having foundthat it may enter a final order consistent with Article III of the United States Constitution; and thisCourt having found that the relief requested in the Objection is in the best interests of the Debtors'1 The Debtors in these Chapter 11 Cases are Intrum AB and Intrum AB of Texas LLC. The Debtors' serviceaddress in these Chapter 11 Cases is 801 Travis Street, STE 2101, #1312, Houston, TX 77002.United States Bankruptcy CourtSouthern District of TexasENTEREDDecember 31, 2024Nathan Ochsner, ClerkCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29662-1 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 2 o of f2 32estates; and this Court having found that the Debtors' notice of the Objection and opportunity fora hearing on the Motion to Dismiss and Objection were appropriate and no other notice need beprovided; and this Court having reviewed the Motion to Dismiss and Objection and havingheard the statements in support of the relief requested therein at a hearing before this Court; andthis Court having determined that the legal and factual bases set forth in the Objectionestablish just cause for the relief granted herein; and upon all of the proceedings had beforethis Court; and after due deliberation and sufficient cause appearing therefor, it is HEREBYORDERED THAT:1. The Motion to Dismiss is Denied for the reasons stated at the December 31, 2024 hearing.2. This Court retains exclusive jurisdiction and exclusive venue with respect to allmatters arising from or related to the implementation, interpretation, and enforcement of this Order.DAeucegmubste 0r 23,1 2, 0210294CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29662-1 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 2 3 o of f2 3EXHIBIT BCase 24-90575 Document 296-2 Filed in TXSB on 01/13/25 Page 1 of 135IN THE UNITED STATES BANKRUPTCY COURTFOR THE SOUTHERN DISTRICT OF TEXASHOUSTON DIVISION)In re: ) Chapter 11)Intrum AB et al.,1 ) Case No. 24-90575 (CML)))(Jointly Administered)Debtors. ))ORDER (I) APPROVINGDISCLOSURE STATEMENT AND(II) CONFIRMING JOINT PREPACKAGED CHAPTER 11PLAN OF INTRUM AB AND ITS AFFILIATEDDEBTOR (FURTHER TECHNICAL MODIFICATIONS)The above-captioned debtors and debtors in possession (collectively, the“Debtors”), having:a. entered into that certain Lock-Up Agreement, dated as of July 10, 2024 (asamended and restated on August 15, 2024, and as further modified,supplemented, or otherwise amended from time to time in accordance with itsterms, the “the Lock-Up Agreement”) and that certain Backstop Agreement,dated as of July 10, 2024, (as amended and restated on November 15, 2024 andas further modified, supplemented, or otherwise amended from time to time inaccordance with its terms), setting out the terms of the backstop commitmentsprovided by the Backstop Providers to backstop the entirety of the issuance ofNew Money Notes (as may be further amended, restated, amended and restated,modified or supplemented from time to time in accordance with the termsthereof, the “Backstop Agreement”) which set forth the terms of a consensualfinancial restructuring of the Debtors;b. commenced, on October 17, 2024, a prepetition solicitation (the “Solicitation”)of votes on the Joint Prepackaged Chapter 11 Plan of Reorganization of IntrumAB and its Debtor Affiliate Pursuant to Chapter 11 of the Bankruptcy Code (asthe same may be further amended, modified and supplemented from time totime, the “Plan”), by causing the transmittal, through their solicitation andballoting agent, Kroll Restructuring Administration LLC (“Kroll”), to theholders of Claims entitled to vote on the Plan of, among other things: (i) the1 The Debtors in these chapter 11 cases are Intrum AB and Intrum AB of Texas LLC. The Debtors' serviceaddress in these chapter 11 cases is 801 Travis Street, STE 2102, #1312, Houston, TX 77002.United States Bankruptcy CourtSouthern District of TexasENTEREDDecember 31, 2024Nathan Ochsner, ClerkCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 2 o of f1 133452Plan, (ii) the Disclosure Statement for Joint Prepackaged Chapter 11 Plan ofReorganization of Intrum AB and its Debtor Affiliate (as the same may befurther amended, modified and supplemented from time to time, the“Disclosure Statement”), and (iii) the Ballots and Master Ballot to vote on thePlan (the “Ballots”), (iv) the Affidavit of Service of Solicitation Materials[Docket No. 7];c. commenced on November 15, 2024 (the “Petition Date”), these chapter 11 cases(these “Chapter 11 Cases”) by filing voluntary petitions in the United StatesBankruptcy Court for the Southern District of Texas (the “Bankruptcy Court”or the “Court”) for relief under chapter 11 of title 11 of the United States Code(the “Bankruptcy Code”);d. Filed on November 15, 2024, the Affidavit of Service of Solicitation Materials[Docket No. 7] (the “Solicitation Affidavit”);e. Filed, on November 16, 2024 the Joint Prepackaged Chapter 11 Plan ofReorganization of Intrum AB and its Debtor Affiliate Pursuant to Chapter 11of the Bankruptcy Code (Technical Modifications) [Docket No. 16] and theDisclosure Statement for Joint Prepackaged Chapter 11 Plan of Intrum AB andits Debtor Affiliate [Docket No. 17];f. Filed on November 16, 2024, the Declaration of Andrés Rubio in Support of ofthe Debtors' Chapter 11 Petitions and First Day Motions [Docket No. 14] (the“First Day Declaration”);g. Filed on November 17, 2024, the Declaration of Alex Orchowski of KrollRestructuring Administration LLC Regarding the Solicitation of Votes andTabulation of Ballots Case on the Joint Prepackaged Chapter 11 Plan ofReorganization of Intrum AB and its Debtor Affiliate Pursuant to Chapter 11of the Bankruptcy Code [Docket No. 18] (the “Voting Declaration,” andtogether with the Plan, the Disclosure Statement, the Ballots, and theSolicitation Affidavit, the “Solicitation Materials”);h. obtained, on November 19, 2024, the Order(I) Scheduling a Combined Hearingon (A) Adequacy of the Disclosure Statement and (B) Confirmation of the Plan,(II) Approving Solicitation Procedures and Form and Manner of Notice ofCommencement, Combined Hearing, and Objection Deadline, (III) FixingDeadline to Object to Disclosure Statement and Plan, (IV) Conditionally (A)Directing the United States Trustee Not to Convene Section 341 Meeting ofCreditors and (B) Waiving Requirement to File Statements of Financial Affairsand Schedules of Assets and Liabilities, and (V) Granting Related Relief[Docket No. 71] (the “Scheduling Order”), which, among other things: (i)approved the prepetition solicitation and voting procedures, including theConfirmation Schedule (as defined therein); (ii) conditionally approved theDisclosure Statement and its use in the Solicitation; and (iii) scheduled theCombined Hearing on December 16, 2024, at 1:00 p.m. (prevailing CentralCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 2 3 o of f1 133453Time) to consider the final approval of the Disclosure Statement and theconfirmation of the Plan (the “Combined Hearing”);i. served, through Kroll, on November 20, 2025, on all known holders of Claimsand Interests, the U.S. Trustee and certain other parties in interest, the Noticeof: (I) Commencement of Chapter 11 Bankruptcy Cases; (II) Hearing on theDisclosure Statement and Confirmation of the Plan, and (III) Certain ObjectionDeadlines (the “Combined Hearing Notice”) as evidence by the Affidavit ofService [Docket No. 160];j. caused, on November 25 and 27, 2024, the Combined Hearing Notice to bepublished in the New York Times (national and international editions) and theFinancial Times (international edition), as evidenced by the Certificate ofPublication [Docket No. 148];k. Filed and served, on December 10, 2024, the Plan Supplement for the Debtors'Joint Prepackaged Chapter 11 Plan of Reorganization [Docket 165];l. Filed on December 10, 2024, the Declaration of Jeffrey Kopa in Support ofConfirmation of the Joint Prepackaged Plan of Reorganization of Intrum ABand its Debtor Affiliate Pursuant to Chapter 11 of the Bankruptcy Code [DocketNo. 155];m. Filed on December 14, 2024, the:i. Debtors' Memorandum of Law in Support of an Order: (I) Approving, on aFinal Basis, Adequacy of the Disclosure Statement; (II) Confirming theJoint Prepackaged Plan of Reorganization; and (III) Granting Related Relief[Docket No. 190] (the “Confirmation Brief”);ii. Declaration of Andrés Rubio in Support of Confirmation of the JointPrepackaged Plan of Reorganization of Intrum AB and its Debtor Affiliate.[Docket No. 189] (the “Confirmation Declaration”); andiii. Joint Prepackaged Chapter 11 Plan of Reorganization of Intrum AB and itsDebtor Affiliate Pursuant to Chapter 11 of the Bankruptcy Code (FurtherTechnical Modifications) [Docket No. 191];n. Filed on December 18, 2024, the Joint Prepackaged Chapter 11 Plan ofReorganization of Intrum AB and its Debtor Affiliate Pursuant to Chapter 11of the Bankruptcy Code (Further Technical Modifications) [Docket No. 223];CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 3 4 o of f1 133454WHEREAS, the Court having, among other things:a. set December 12, 2024, at 4:00 p.m. (prevailing Central Time) as the deadlinefor Filing objection to the adequacy of the Disclosure Statement and/orConfirmation2 of the Plan (the “Objection Deadline”);b. held, on December 16, 2024 at 1:00 p.m. (prevailing Central Time) [andcontinuing through December 17, 2024], the Combined Hearing;c. heard the statements, arguments, and any objections made at the CombinedHearing;d. reviewed the Disclosure Statement, the Plan, the Ballots, the Plan Supplement,the Confirmation Brief, the Confirmation Declaration, the SolicitationAffidavit, and the Voting Declaration;e. overruled (i) any and all objections to approval of the Disclosure Statement, thePlan, and Confirmation, except as otherwise stated or indicated on the record,and (ii) all statements and reservations of rights not consensually resolved orwithdrawn, unless otherwise indicated; andf. reviewed and taken judicial notice of all the papers and pleadings Filed(including any objections, statement, joinders, reservations of rights and otherresponses), all orders entered, and all evidence proffered or adduced and allarguments made at the hearings held before the Court during the pendency ofthese cases;NOW, THEREFORE, it appearing to the Bankruptcy Court that notice of theCombined Hearing and the opportunity for any party in interest to object to the DisclosureStatement and the Plan having been adequate and appropriate as to all parties affected or to beaffected by the Plan and the transactions contemplated thereby, and the legal and factual bases setforth in the documents Filed in support of approval of the Disclosure Statement and Confirmationand other evidence presented at the Combined Hearing establish just cause for the relief grantedherein; and after due deliberation thereon and good cause appearing therefor, the BankruptcyCourt makes and issues the following findings of fact and conclusions of law, and orders for thereasons stated on the record at the December 31, 2024 ruling on plan confirmation;2 Capitalized terms used but not otherwise defined herein have meanings given to them in the Plan and/or theDisclosure Statement. The rules of interpretation set forth in Article I.B of the Plan apply to this CombinedOrder.CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 4 5 o of f1 133455I. FINDINGS OF FACT AND CONCLUSIONS OF LAWIT IS HEREBY FOUND AND DETERMINED THAT:A. Findings of Fact and Conclusions of Law.1. The findings and conclusions set forth herein and in the record of theCombined Hearing constitute the Bankruptcy Court's findings of fact and conclusions of law underRule 52 of the Federal Rules of Civil Procedure, as made applicable herein by Bankruptcy Rules7052 and 9014. To the extent any of the following conclusions of law constitute findings of fact,or vice versa, they are adopted as such.B. Jurisdiction, Venue, Core Proceeding.2. This Court has jurisdiction over these Chapter 11 Cases pursuant to28 U.S.C. § 1334. Venue of these proceedings and the Chapter 11 Cases in this district is properpursuant to 28 U.S.C. §§ 1408 and 1409. This is a core proceeding pursuant to 28 U.S.C.§ 157(b)(2) and this Court may enter a final order hereon under Article III of the United StatesConstitution.C. Eligibility for Relief.3. The Debtors were and continue to be entities eligible for relief under section109 of the Bankruptcy Code and the Debtors were and continue to be proper proponents of thePlan under section 1121(a) of the Bankruptcy Code.D. Commencement and Joint Administration of the Chapter 11 Cases.4. On the Petition Date, the Debtors commenced the Chapter 11 Cases. OnNovember 18, 2024, the Court entered an order [Docket No. 51] authorizing the jointadministration of the Chapter 11 Case in accordance with Bankruptcy Rule 1015(b). The Debtorshave operated their businesses and managed their properties as debtors in possession pursuant toCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 5 6 o of f1 133456sections 1107(a) and 1108 of the Bankruptcy Code. No trustee, examiner, or statutory committeehas been appointed in these Chapter 11 Cases.E. Adequacy of the Disclosure Statement.5. The Disclosure Statement and the exhibits contained therein (i) containssufficient information of a kind necessary to satisfy the disclosure requirements of applicablenonbankruptcy laws, rules and regulations, including the Securities Act; and (ii) contains“adequate information” as such term is defined in section 1125(a)(1) and used in section1126(b)(2) of the Bankruptcy Code, with respect to the Debtors, the Plan and the transactionscontemplated therein. The Filing of the Disclosure Statement satisfied Bankruptcy Rule 3016(b).The injunction, release, and exculpation provisions in the Plan and the Disclosure Statementdescribe, in bold font and with specific and conspicuous language, all acts to be enjoined andidentify the Entities that will be subject to the injunction, thereby satisfying Bankruptcy Rule3016(c).F. Solicitation.6. As described in and evidenced by the Voting Declaration, the Solicitationand the transmittal and service of the Solicitation Materials were: (i) timely, adequate, appropriate,and sufficient under the circumstances; and (ii) in compliance with sections 1125(g) and 1126(b)of the Bankruptcy Code, Bankruptcy Rules 3017 and 3018, the applicable Local Bankruptcy Rules,the Scheduling Order and all applicable nonbankruptcy rules, laws, and regulations applicable tothe Solicitation, including the registration requirements under the Securities Act. The SolicitationMaterials, including the Ballots and the Opt Out Form (as defined below), adequately informedthe holders of Claims entitled to vote on the Plan of the procedures and deadline for completingand submitting the Ballots.CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 6 7 o of f1 1334577. The Debtors served the Combined Hearing Notice on the entire creditormatrix and served the Opt Out Form on all Non-Voting Classes. The Combined Hearing Noticeadequately informed Holders of Claims or Interests of critical information regarding voting on (ifapplicable) and objecting to the Plan, including deadlines and the inclusion of release, exculpation,and injunction provisions in the Plan, and adequately summarized the terms of the Third-PartyRelease. Further, because the form enabling stakeholders to opt out of the Third-Party Release (the“Opt Out Form”) was included in both the Ballots and the Opt Out Form, every known stakeholder,including unimpaired creditors was provided with the means by which the stakeholders could optout of the Third-Party Release. No further notice is required. The period for voting on the Planprovided a reasonable and sufficient period of time and the manner of such solicitation was anappropriate process allowing for such holders to make an informed decision.G. Tabulation.8. As described in and evidenced by the Voting Declaration, (i) the holders ofClaims in Class 3 (RCF Claims) and Class 5 (Notes Claims) are Impaired under the Plan(collectively, the “Voting Classes”) and have voted to accept the Plan in the numbers and amountsrequired by section 1126 of the Bankruptcy Code, and (ii) no Class that was entitled to vote on thePlan voted to reject the Plan. All procedures used to tabulate the votes on the Plan were in goodfaith, fair, reasonable, and conducted in accordance with the applicable provisions of theBankruptcy Code, the Bankruptcy Rules, the Local Rules, the Disclosure Statement, theScheduling Order, and all other applicable nonbankruptcy laws, rules, and regulations.H. Plan Supplement.9. On December 10, 2024, the Debtors Filed the Plan Supplement with theCourt. The Plan Supplement (including as subsequently modified, supplemented, or otherwiseCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 7 8 o of f1 133458amended pursuant to a filing with the Court), complies with the terms of the Plan, and the Debtorsprovided good and proper notice of the filing in accordance with the Bankruptcy Code, theBankruptcy Rules, the Scheduling Order, and the facts and circumstances of the Chapter 11 Cases.All documents included in the Plan Supplement are integral to, part of, and incorporated byreference into the Plan. No other or further notice is or will be required with respect to the PlanSupplement. Subject to the terms of the Plan and the Lock-Up Agreement, and only consistenttherewith, the Debtors reserve the right to alter, amend, update, or modify the Plan Supplementand any of the documents contained therein or related thereto, in accordance with the Plan, on orbefore the Effective Date.I. Modifications to the Plan.10. Pursuant to section 1127 of the Bankruptcy Code, the modifications to thePlan described or set forth in this Combined Order constitute technical or clarifying changes,changes with respect to particular Claims by agreement with holders of such Claims, ormodifications that do not otherwise materially and adversely affect or change the treatment of anyother Claim or Interest under the Plan. These modifications are consistent with the disclosurespreviously made pursuant to the Disclosure Statement and Solicitation Materials, and notice ofthese modifications was adequate and appropriate under the facts and circumstances of the Chapter11 Cases. In accordance with Bankruptcy Rule 3019, these modifications do not require additionaldisclosure under section 1125 of the Bankruptcy Code or the resolicitation of votes under section1126 of the Bankruptcy Code, and they do not require that holders of Claims or Interests beafforded an opportunity to change previously cast acceptances or rejections of the Plan.Accordingly, the Plan is properly before this Court and all votes cast with respect to the Plan priorto such modification shall be binding and shall apply with respect to the Plan.CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 8 9 o of f1 133459J. Objections Overruled.11. Any resolution or disposition of objections to Confirmation explained orotherwise ruled upon by the Court on the record at the Confirmation Hearing is herebyincorporated by reference. All unresolved objections, statements, joinders, informal objections,and reservations of rights are hereby overruled on the merits.K. Burden of Proof.12. The Debtors, as proponents of the Plan, have met their burden of provingthe elements of sections 1129(a) and 1129(b) of the Bankruptcy Code by a preponderance of theevidence, the applicable evidentiary standard for Confirmation. Further, the Debtors have proventhe elements of sections 1129(a) and 1129(b) by clear and convincing evidence. Each witness whotestified on behalf of the Debtors in connection with the Confirmation Hearing was credible,reliable, and qualified to testify as to the topics addressed in his testimony.L. Compliance with the Requirements of Section 1129 of the BankruptcyCode.13. The Plan complies with all applicable provisions of section 1129 of theBankruptcy Code as follows:a. Section 1129(a)(1) – Compliance of the Plan with Applicable Provisions of theBankruptcy Code.14. The Plan complies with all applicable provisions of the Bankruptcy Code,including sections 1122 and 1123, as required by section 1129(a)(1) of the Bankruptcy Code.i. Section 1122 and 1123(a)(1) – Proper Classification.15. The classification of Claims and Interests under the Plan is proper under theBankruptcy Code. In accordance with sections 1122(a) and 1123(a)(1) of the Bankruptcy Code,Article III of the Plan provides for the separate classification of Claims and Interests at each Debtorinto Classes, based on differences in the legal nature or priority of such Claims and Interests (otherCaCsaes e2 42-49-09507557 5 D oDcoucmumenetn 2t 9266-32 FFiilleedd iinn TTXXSSBB oonn 1021//3113//2245 PPaaggee 91 0o fo 1f 3143510than Administrative Claims, Professional Fee Claims, and Priority Tax Claims, which areaddressed in Article II of the Plan and Unimpaired, and are not required to be designated asseparate Classes in accordance with section 1123(a)(1) of the Bankruptcy Code). Valid business,factual, and legal reasons exist for the separate classification of the various Classes of Claims andInterests created under the Plan, the classifications were not implemented for any improperpurpose, and the creation of such Classes does not unfairly discriminate between or among holdersof Claims or Interests.16. In accordance with section 1122(a) of the Bankruptcy Code, each Class ofClaims or Interests contains only Claims or Interests substantially similar to the other Claims orInterests within that Class. Accordingly, the Plan satisfies the requirements of sections 1122(a),1122(b), and 1123(a)(1) of the Bankruptcy Codeii. Section 1123(a)(2) – Specifications of Unimpaired Classes.17. Article III of the Plan specifies that Claims and Interests in the classesdeemed to accept the Plan are Unimpaired under the Plan. Holders of Intercompany Claims andIntercompany Interests are either Unimpaired and conclusively presumed to have accepted thePlan, or are Impaired and deemed to reject (the “Deemed Rejecting Classes”) the Plan, and, ineither event, are not entitled to vote to accept or reject the Plan. In addition, Article II of the Planspecifies that Administrative Claims and Priority Tax Claims are Unimpaired, although the Plandoes not classify these Claims. Accordingly, the Plan satisfies the requirements of section1123(a)(2) of the Bankruptcy Code.CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 101 o of f1 1334511iii. Section 1123(a)(3) – Specification of Treatment of Voting Classes18. Article III.B of the Plan specifies the treatment of each Voting Class underthe Plan – namely, Class 3 and Class 5. Accordingly, the Plan satisfies the requirements of section1123(a)(3) of the Bankruptcy Code.iv. Section 1123(a)(4) – No Discrimination.19. Article III of the Plan provides the same treatment to each Claim or Interestin any particular Class, as the case may be, unless the holder of a particular Claim or Interest hasagreed to a less favorable treatment with respect to such Claim or Interest. Accordingly, the Plansatisfies the requirements of section 1123(a)(4) of the Bankruptcy Code.v. Section 1123(a)(5) – Adequate Means for Plan Implementation.20. The Plan and the various documents included in the Plan Supplementprovide adequate and proper means for the Plan's execution and implementation, including: (a)the general settlement of Claims and Interests; (b) the restructuring of the Debtors' balance sheetand other financial transactions provided for by the Plan; (c) the consummation of the transactionscontemplated by the Plan, the Lock-Up Agreement, the Restructuring Implementation Deed andthe Agreed Steps Plan and other documents Filed as part of the Plan Supplement; (d) the issuanceof Exchange Notes, the New Money Notes, and the Noteholder Ordinary Shares pursuant to thePlan; (e) the amendment of the Intercreditor Agreement; (f) the amendment of the FacilityAgreement; (g) the amendment of the Senior Secured Term Loan Agreement; (h) theconsummation of the Rights Offering in accordance with the Plan, Rights Offering Documentsand the Lock-Up Agreement; (i) the granting of all Liens and security interests granted orconfirmed (as applicable) pursuant to, or in connection with, the Facility Agreement, the ExchangeNotes Indenture, the New Money Notes Indenture, the amended Intercreditor Agreement and theCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 112 o of f1 1334512Senior Secured Term Loan Agreement pursuant to the New Security Documents (including anyLiens and security interests granted or confirmed (as applicable) on the Reorganized Debtors'assets); (j) the vesting of the assets of the Debtors' Estates in the Reorganized Debtors; (k) theconsummation of the corporate reorganization contemplated by the Plan, the Lock-Up Agreement,the Agreed Steps Plan and the Master Reorganization Agreement (as defined in the RestructuringImplementation Deed); and (l) the execution, delivery, filing, or recording of all contracts,instruments, releases, and other agreements or documents in furtherance of the Plan. Accordingly,the Plan satisfies the requirements of section 1123(a)(5) of the Bankruptcy Codevi. Section 1123(a)(6) – Non-Voting Equity Securities.21. The Company's organizational documents in accordance with the SwedishCompanies Act, Ch. 4, Sec 5 and the Plan prohibit the issuance of non-voting securities as of theEffective Date to the extent required to comply with section 1123(a)(6) of the Bankruptcy Code.Accordingly, the Plan satisfies the requirements of section 1123(a)(6) of the Bankruptcy Code.vii. Section 1123(a)(7) – Directors, Officers, and Trustees.22. The manner of selection of any officer, director, or trustee (or any successorto and such officer, director, or trustee) of the Reorganized Debtors will be determined inaccordance with the existing organizational documents, which is consistent with the interests ofcreditors and equity holders and with public policy. Accordingly, the Plan satisfies therequirements of section 1123(a)(7) of the Bankruptcy Code.b. Section 1123(b) – Discretionary Contents of the Plan23. The Plan contains various provisions that may be construed as discretionarybut not necessary for Confirmation under the Bankruptcy Code. Any such discretionary provisionCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 123 o of f1 1334513complies with section 1123(b) of the Bankruptcy Code and is not inconsistent with the applicableprovisions of the Bankruptcy Code. Thus, the Plan satisfies section 1123(b).i. Section 1123(b)(1) – Impairment/Unimpairment of Any Class of Claims orInterests24. Article III of the Plan impairs or leaves unimpaired, as the case may be,each Class of Claims or Interests, as contemplated by section 1123(b)(1) of the Bankruptcy Code.ii. Section 1123(b)(2) – Assumption and Rejection of Executory Contracts andUnexpired Leases25. Article V of the Plan provides for the assumption of the Debtors' ExecutoryContracts and Unexpired Leases as of the Effective Date unless such Executory Contract orUnexpired Lease: (a) is identified on the Rejected Executory Contract and Unexpired Lease List;(b) has been previously rejected by a Final Order; (c) is the subject of a motion to reject ExecutoryContracts or Unexpired Leases that is pending on the Confirmation Date; or (4) is subject to amotion to reject an Executory Contract or Unexpired Lease pursuant to which the requestedeffective date of such rejection is after the Effective Date. Thus, the Plan satisfies section1123(b)(2).iii. Compromise and Settlement26. In accordance with section 1123(b)(3)(A) of the Bankruptcy Code andBankruptcy Rule 9019, and in consideration for the distributions and other benefits provided underthe Plan, the provisions of the Plan constitute a good-faith compromise of all Claims, Interests,and controversies relating to the contractual, legal, and subordination rights that all holders ofClaims or Interests may have with respect to any Allowed Claim or Interest or any distribution tobe made on account of such Allowed Claim or Interest. Such compromise and settlement is theproduct of extensive arm's-length, good faith negotiations that, in addition to the Plan, resulted inCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 134 o of f1 1334514the execution of the Lock-Up Agreement, which represents a fair and reasonable compromise ofall Claims, Interests, and controversies and entry into which represented a sound exercise of theDebtors' business judgment. Such compromise and settlement is fair, equitable, and reasonableand in the best interests of the Debtors and their Estates.27. The releases of the Debtors' directors and officers are an integral componentof the settlements and compromises embodied in the Plan. The Debtors' directors and officers: (a)made a substantial and valuable contribution to the Debtors' restructuring, including extensive preandpost-Petition Date negotiations with stakeholder groups, and ensured the uninterruptedoperation of the Debtors' businesses during the Chapter 11 Cases; (b) invested significant timeand effort to make the restructuring a success and maximize the value of the Debtors' businessesin a challenging operating environment; (c) attended and, in certain instances, testified atdepositions and Court hearings; (d) attended and participated in numerous stakeholder meetings,management meetings, and board meetings related to the restructuring; (e) are entitled toindemnification from the Debtors under applicable non-bankruptcy law, organizationaldocuments, and agreements; (f) invested significant time and effort in the preparation of the Lock-Up Agreement, the Plan, Disclosure Statement, all supporting analyses, and the numerous otherpleadings Filed in the Chapter 11 Cases, thereby ensuring the smooth administration of the Chapter11 Cases; and (g) are entitled to all other benefits under any employment contracts existing as ofthe Petition Date. Litigation by the Debtors or other Releasing Parties against the Debtors'directors and officers would be a distraction to the Debtors' business and restructuring and woulddecrease rather than increase the value of the estates. The releases of the Debtors' directors andofficers contained in the Plan have the consent of the Debtors and the Releasing Parties and are inthe best interests of the estates.CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 145 o of f1 1334515iv. Debtor Release28. The releases of claims and Causes of Action by the Debtors, ReorganizedDebtors, and their Estates described in Article VIII.C of the Plan in accordance with section1123(b) of the Bankruptcy Code (the “Debtor Release”) represent a valid exercise of the Debtors'business judgment under Bankruptcy Rule 9019. The Debtors' or the Reorganized Debtors' pursuitof any such claims against the Released Parties is not in the best interests of the Estates' variousconstituencies because the costs involved would outweigh any potential benefit from pursuingsuch claims. The Debtor Release is fair and equitable and complies with the absolute priority rule.29. The Debtor Release is (a) an integral part of the Plan, and a component ofthe comprehensive settlement implemented under the Plan; (b) in exchange for the good andvaluable consideration provided by the Released Parties; (c) a good faith settlement andcompromise of the claims and Causes of Action released by the Debtor Release; (d) materiallybeneficial to, and in the best interests of, the Debtors, their Estates, and their stakeholders, and isimportant to the overall objectives of the Plan to finally resolve certain Claims among or againstcertain parties in interest in the Chapter 11 Cases; (e) fair, equitable, and reasonable; (f) given andmade after due notice and opportunity for hearing; and (g) a bar to any Debtor asserting any claimor Cause of Action released by the Debtor Release against any of the Released Parties. Theprobability of success in litigation with respect to the released claims and Causes of Action, whenweighed against the costs, supports the Debtor Release. With respect to each of these potentialCauses of Action, the parties could assert colorable defenses and the probability of success isuncertain. The Debtors' or the Reorganized Debtors' pursuit of any such claims or Causes ofAction against the Released Parties is not in the best interests of the Estates or the Debtors' variousCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 156 o of f1 1334516constituencies because the costs involved would likely outweigh any potential benefit frompursuing such claims or Causes of Action30. Holders of Claims and Interests entitled to vote have overwhelmingly votedin favor of the Plan, including the Debtor Release. The Plan, including the Debtor Release, wasnegotiated before and after the Petition Date by sophisticated parties represented by able counseland advisors, including the Consenting Creditors. The Debtor Release is therefore the result of ahard fought and arm's-length negotiation process conducted in good faith.31. The Debtor Release appropriately offers protection to parties thatparticipated in the Debtors' restructuring process, including the Consenting Creditors, whoseparticipation in the Chapter 11 Cases is critical to the Debtors' successful emergence frombankruptcy. Specifically, the Released Parties, including the Consenting Creditors, madesignificant concessions and contributions to the Chapter 11 Cases, including, entering into theLock-Up Agreement and related agreements, supporting the Plan and the Chapter 11 Cases, andwaiving or agreeing to impair substantial rights and Claims against the Debtors under the Plan (aspart of the compromises composing the settlement underlying the revised Plan) in order tofacilitate a consensual reorganization and the Debtors' emergence from chapter 11. The DebtorRelease for the Debtors' directors and officers is appropriate because the Debtors' directors andofficers share an identity of interest with the Debtors and, as previously stated, supported and madesubstantial contributions to the success of the Plan, the Chapter 11 Cases, and operation of theDebtors' business during the Chapter 11 Cases, actively participated in meetings, negotiations, andimplementation during the Chapter 11 Cases, and have provided other valuable consideration tothe Debtors to facilitate the Debtors' successful reorganization and continued operation.CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 167 o of f1 133451732. The scope of the Debtor Release is appropriately tailored under the factsand circumstances of the Chapter 11 Cases. In light of, among other things, the value provided bythe Released Parties to the Debtors' Estates and the critical nature of the Debtor Release to thePlan, the Debtor Release is appropriate.v. Release by Holders of Claims and Interests33. The release by the Releasing Parties (the “Third-Party Release”), set forthin Article VIII.D of the Plan, is an essential provision of the Plan. The Third-Party Release is: (a)consensual as to those Releasing Parties that did not specifically and timely object or properly optout from the Third-Party Release; (b) within the jurisdiction of the Bankruptcy Court pursuant to28 U.S.C. § 1334; (c) in exchange for the good and valuable consideration provided by theReleased Parties; (d) a good faith settlement and compromise of the claims and Causes of Actionreleased by the Third-Party Release; (e) materially beneficial to, and in the best interests of, theDebtors, their Estates, and their stakeholders, and is important to the overall objectives of the Planto finally resolve certain Claims among or against certain parties in interest in the Chapter 11Cases; (f) fair, equitable, and reasonable; (g) given and made after due notice and opportunity forhearing; (h) appropriately narrow in scope given that it expressly excludes, among other things,any Cause of Action that is judicially determined by a Final Order to have constituted actual fraud,willful misconduct, or gross negligence; (i) a bar to any of the Releasing Parties asserting anyclaim or Cause of Action released by the Third-Party Release against any of the Released Parties;and (j) consistent with sections 105, 524, 1123, 1129, and 1141 and other applicable provisions ofthe Bankruptcy Code.34. The Third-Party Release is an integral part of the agreement embodied inthe Plan among the relevant parties in interest. Like the Debtor Release, the Third-Party ReleaseCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 178 o of f1 1334518facilitated participation in both the Debtors' Plan and the chapter 11 process generally. The Third-Party Release is instrumental to the Plan and was critical in incentivizing parties to support thePlan and preventing significant and time-consuming litigation regarding the parties' respectiverights and interests. The Third-Party Release was a core negotiation point in connection with thePlan and instrumental in developing the Plan that maximized value for all of the Debtors'stakeholders and kept the Debtors intact as a going concern. As such, the Third-Party Releaseappropriately offers certain protections to parties who constructively participated in the Debtors'restructuring process—including the Consenting Creditors (as set forth above)—by, among otherthings, facilitating the negotiation and consummation of the Plan, supporting the Plan and, in thecase of the Backstop Providers, committing to provide new capital to facilitate the Debtors'emergence from chapter 11. Specifically, the Notes Ad Hoc Group proposed and negotiated thepari passu transaction that is the basis of the restructuring proposed under the Plan and provideda much-needed deleveraging to the Debtors' business while taking a discount on their Claims (inexchange for other consideration).35. Furthermore, the Third-Party Release is consensual as to all parties ininterest, including all Releasing Parties, and such parties in interest were provided notice of thechapter 11 proceedings, the Plan, the deadline to object to confirmation of the Plan, and theCombined Hearing and were properly informed that all holders of Claims against or Interests inthe Debtors that did not file an objection with the Court in the Chapter 11 Cases that included anexpress objection to the inclusion of such holder as a Releasing Party under the provisionscontained in Article VIII of the Plan would be deemed to have expressly, unconditionally,generally, individually, and collectively consented to the release and discharge of all claims andCauses of Action against the Debtors and the Released Parties. Additionally, the release provisionsCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 189 o of f1 1334519of the Plan were conspicuous, emphasized with boldface type in the Plan, the DisclosureStatement, the Ballots, and the applicable notices. Except as set forth in the Plan, all ReleasingParties were properly informed that unless they (a) checked the “opt out” box on the applicableBallot or opt-out form and returned the same in advance of the Voting Deadline, as applicable, or(b) timely Filed an objection to the releases contained in the Plan that was not resolved beforeentry of this Confirmation Order, they would be deemed to have expressly consented to the releaseof all Claims and Causes of Action against the Released Parties.36. The Ballots sent to all holders of Claims and Interests entitled to vote, aswell as the notice of the Combined Hearing sent to all known parties in interest (including thosenot entitled to vote on the Plan), unambiguously provided in bold letters that the Third-PartyRelease was contained in the Plan.37. The scope of the Third-Party Release is appropriately tailored under thefacts and circumstances of the Chapter 11 Cases, and parties in interest received due and adequatenotice of the Third-Party Release. Among other things, the Plan provides appropriate and specificdisclosure with respect to the claims and Causes of Action that are subject to the Third-PartyRelease, and no other disclosure is necessary. The Debtors, as evidenced by the VotingDeclaration and Certificate of Publication, including by providing actual notice to all knownparties in interest, including all known holders of Claims against, and Interests in, any Debtor andpublishing notice in international and national publications for the benefit of unknown parties ininterest, provided sufficient notice of the Third-Party Release, and no further or other notice isnecessary. The Third-Party Release is designed to provide finality for the Debtors, theReorganized Debtors and the Released Parties regarding the parties' respective obligations underthe Plan. For the avoidance of doubt, and notwithstanding anything to the contrary, anyparty who timely opted-out of the Third-Party Release is not bound by the Third-PartyRelease.CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 290 o of f1 133452038. The Third-Party Release is specific in language, integral to the Plan, andgiven for substantial consideration. The Releasing Parties were given due and adequate notice ofthe Third-Party Release, and thus the Third-Party Release is consensual under controllingprecedent as to those Releasing Parties that did not specifically and timely object. In light of,among other things, the value provided by the Released Parties to the Debtors' Estates and theconsensual and critical nature of the Third-Party Release to the Plan, the Third-Party Release isappropriatevi. Exculpation.39. The exculpation described in Article VIII.E of the Plan (the “Exculpation”)is appropriate under applicable law, including In re Highland Capital Mgmt., L.P., 48 F. 4th 419(5th Cir. 2022), because it was supported by proper evidence, proposed in good faith, wasformulated following extensive good-faith, arm's-length negotiations with key constituents, and isappropriately limited in scope.40. No Entity or Person may commence or continue any action, employ anyprocess, or take any other act to pursue, collect, recover or offset any Claim, Interest, debt,obligation, or Cause of Action relating or reasonably likely to relate to any act or commission inconnection with, relating to, or arising out of a Covered Matter (including one that alleges theactual fraud, gross negligence, or willful misconduct of a Covered Entity), unless expresslyauthorized by the Bankruptcy Court after (1) it determines, after a notice and a hearing, such Claim,Interest, debt, obligation, or Cause of Action is colorable and (2) it specifically authorizes suchEntity or Person to bring such Claim or Cause of Action. The Bankruptcy Court shall have soleand exclusive jurisdiction to determine whether any such Claim, Interest, debt, obligation or Causeof Action is colorable and, only to the extent legally permissible and as provided for in Article XI,CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 2 201 o of f1 1334521shall have jurisdiction to adjudicate such underlying colorable Claim, Interest, debt, obligation, orCause of Action.vii. Injunction.41. The injunction provisions set forth in Article VIII.F of the Plan are essentialto the Plan and are necessary to implement the Plan and to preserve and enforce the discharge,Debtor Release, the Third-Party Release, and the Exculpation provisions in Article VIII of thePlan. The injunction provisions are appropriately tailored to achieve those purposes.viii. Preservation of Claims and Causes of Action.42. Article IV.L of the Plan appropriately provides for the preservation by theDebtors of certain Causes of Action in accordance with section 1123(b) of the Bankruptcy Code.Causes of Action not released by the Debtors or exculpated under the Plan will be retained by theReorganized Debtors as provided by the Plan. The Plan is sufficiently specific with respect to theCauses of Action to be retained by the Debtors, and the Plan and Plan Supplement providemeaningful disclosure with respect to the potential Causes of Action that the Debtors may retain,and all parties in interest received adequate notice with respect to such retained Causes of Action.The provisions regarding Causes of Action in the Plan are appropriate and in the best interests ofthe Debtors, their respective Estates, and holders of Claims or Interests. For the avoidance of anydoubt, Causes of Action released or exculpated under the Plan will not be retained by theReorganized Debtors.c. Section 1123(d) – Cure of Defaults43. Article V.D of the Plan provides for the satisfaction of Cure Claimsassociated with each Executory Contract and Unexpired Lease to be assumed in accordance withsection 365(b)(1) of the Bankruptcy Code. Any monetary defaults under each assumed ExecutoryCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 2 212 o of f1 1334522Contract or Unexpired Lease shall be satisfied, pursuant to section 365(b)(1) of the BankruptcyCode, by payment of the default amount in Cash on the Effective Date, subject to the limitationsdescribed in Article V.D of the Plan, or on such other terms as the parties to such ExecutoryContracts or Unexpired Leases may otherwise agree. Any Disputed Cure Amounts will bedetermined in accordance with the procedures set forth in Article V.D of the Plan, and applicablebankruptcy and nonbankruptcy law. As such, the Plan provides that the Debtors will Cure, orprovide adequate assurance that the Debtors will promptly Cure, defaults with respect to assumedExecutory Contracts and Unexpired Leases in accordance with section 365(b)(1) of theBankruptcy Code. Thus, the Plan complies with section 1123(d) of the Bankruptcy Code.d. Section 1129(a)(2) – Compliance of the Debtors and Others with the ApplicableProvisions of the Bankruptcy Code.44. The Debtors, as proponents of the Plan, have complied with all applicableprovisions of the Bankruptcy Code as required by section 1129(a)(2) of the Bankruptcy Code,including sections 1122, 1123, 1124, 1125, 1126, and 1128, and Bankruptcy Rules 3017, 3018,and 3019.e. Section 1129(a)(3) – Proposal of Plan in Good Faith.45. The Debtors have proposed the Plan in good faith, in accordance with theBankruptcy Code requirements, and not by any means forbidden by law. In determining that thePlan has been proposed in good faith, the Court has examined the totality of the circumstancesfiling of the Chapter 11 Cases, including the formation of Intrum AB of Texas LLC (“IntrumTexas”), the Plan itself, and the process leading to its formulation. The Debtors' good faith isevident from the facts and record of the Chapter 11 Cases, the Disclosure Statement, and the recordof the Combined Hearing and other proceedings held in the Chapter 11 CasesCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 2 223 o of f1 133452346. The Plan (including the Plan Supplement and all other documents necessaryto effectuate the Plan) is the product of good faith, arm's-length negotiations by and among theDebtors, the Debtors' directors and officers and the Debtors' key stakeholders, including theConsenting Creditors and each of their respective professionals. The Plan itself and the processleading to its formulation provide independent evidence of the Debtors' and such other parties'good faith, serve the public interest, and assure fair treatment of holders of Claims or Interests.Consistent with the overriding purpose of chapter 11, the Debtors Filed the Chapter 11 Cases withthe belief that the Debtors were in need of reorganization and the Plan was negotiated and proposedwith the intention of accomplishing a successful reorganization and maximizing stakeholder value,and for no ulterior purpose. Accordingly, the requirements of section 1129(a)(3) of the BankruptcyCode are satisfied.f. Section 1129(a)(4) – Court Approval of Certain Payments as Reasonable.47. Any payment made or to be made by the Debtors, or by a person issuingsecurities or acquiring property under the Plan, for services or costs and expenses in connectionwith the Chapter 11 Cases, or in connection with the Plan and incident to the Chapter 11 Cases,has been approved by, or is subject to the approval of, the Court as reasonable. Accordingly, thePlan satisfies the requirements of section 1129(a)(4).g. Section 1129(a)(5)—Disclosure of Directors and Officers and Consistency with theInterests of Creditors and Public Policy.48. The identities of or process for appointment of the Reorganized Debtors'directors and officers proposed to serve after the Effective Date were disclosed in the PlanSupplement in advance of the Combined Hearing. Accordingly, the Debtors have satisfied therequirements of section 1129(a)(5) of the Bankruptcy Code.CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 2 234 o of f1 1334524h. Section 1129(a)(6)—Rate Changes.49. The Plan does not contain any rate changes subject to the jurisdiction of anygovernmental regulatory commission and therefore will not require governmental regulatoryapproval. Therefore, section 1129(a)(6) of the Bankruptcy Code does not apply to the Plan.i. Section 1129(a)(7)—Best Interests of Holders of Claims and Interests.50. The liquidation analysis attached as Exhibit D to the Disclosure Statementand the other evidence in support of the Plan that was proffered or adduced at the CombinedHearing, and the facts and circumstances of the Chapter 11 Cases are (a) reasonable, persuasive,credible, and accurate as of the dates such analysis or evidence was prepared, presented orproffered; (b) utilize reasonable and appropriate methodologies and assumptions; (c) have not beencontroverted by other evidence; and (d) establish that each holder of Allowed Claims or Interestsin each Class will recover as much or more value under the Plan on account of such Claim orInterest, as of the Effective Date, than the amount such holder would receive if the Debtors wereliquidated on the Effective Date under chapter 7 of the Bankruptcy Code or has accepted the Plan.As a result, the Debtors have demonstrated that the Plan is in the best interests of their creditorsand equity holders and the requirements of section 1129(a)(7) of the Bankruptcy Code are satisfied.j. Section 1129(a)(8)—Conclusive Presumption of Acceptance by UnimpairedClasses; Acceptance of the Plan by Certain Voting Classes.51. The classes deemed to accept the Plan are Unimpaired under the Plan andare deemed to have accepted the Plan pursuant to section 1126(f) of the Bankruptcy Code. EachVoting Class voted to accept the Plan. For the avoidance of doubt, however, even if section1129(a)(8) has not been satisfied with respect to all of the Debtors, the Plan is confirmable becausethe Plan does not discriminate unfairly and is fair and equitable with respect to the Voting Classesand thus satisfies section 1129(b) of the Bankruptcy Code with respect to such Classes as describedCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 2 245 o of f1 1334525further below. As a result, the requirements of section 1129(b) of the Bankruptcy Code are alsosatisfied.k. Section 1129(a)(9)—Treatment of Claims Entitled to Priority Pursuant to Section507(a) of the Bankruptcy Code.52. The treatment of Administrative Claims, Professional Fee Claims, andPriority Tax Claims under Article II of the Plan satisfies the requirements of, and complies in allrespects with, section 1129(a)(9) of the Bankruptcy Code.l. Section 1129(a)(10)—Acceptance by at Least One Voting Class.53. As set forth in the Voting Declaration, all Voting Classes overwhelminglyvoted to accept the Plan. As such, there is at least one Voting Class that has accepted the Plan,determined without including any acceptance of the Plan by any insider (as defined by theBankruptcy Code), for each Debtor. Accordingly, the requirements of section 1129(a)(10) of theBankruptcy Code are satisfied.m. Section 1129(a)(11)—Feasibility of the Plan.54. The Plan satisfies section 1129(a)(11) of the Bankruptcy Code. Thefinancial projections attached to the Disclosure Statement as Exhibit D and the other evidencesupporting the Plan proffered or adduced by the Debtors at or before the Combined Hearing: (a)is reasonable, persuasive, credible, and accurate as of the dates such evidence was prepared,presented, or proffered; (b) utilize reasonable and appropriate methodologies and assumptions; (c)has not been controverted by other persuasive evidence; (d) establishes that the Plan is feasibleand Confirmation of the Plan is not likely to be followed by liquidation or the need for furtherfinancial reorganization; (e) establishes that the Debtors will have sufficient funds available tomeet their obligations under the Plan and in the ordinary course of business—including sufficientamounts of Cash to reasonably ensure payment of Allowed Claims that will receive CashCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 2 256 o of f1 1334526distributions pursuant to the terms of the Plan and other Cash payments required under the Plan;and (f) establishes that the Debtors or the Reorganized Debtors, as applicable, will have thefinancial wherewithal to pay any Claims that accrue, become payable, or are allowed by FinalOrder following the Effective Date. Accordingly, the Plan satisfies the requirements of section1129(a)(11) of the Bankruptcy Code.n. Section 1129(a)(12)—Payment of Statutory Fees.55. Article XII.C of the Plan provides that all fees payable pursuant to section1930(a) of the Judicial Code, as determined by the Court at the Confirmation Hearing inaccordance with section 1128 of the Bankruptcy Code, will be paid by each of the applicableReorganized Debtors for each quarter (including any fraction of a quarter) until the Chapter 11Cases are converted, dismissed, or closed, whichever occurs first. Accordingly, the Plan satisfiesthe requirements of section 1129(a)(12) of the Bankruptcy Code.o. Section 1129(a)(13)—Retiree Benefits.56. Pursuant to section 1129(a)(13) of the Bankruptcy Code, and as provided inArticle IV.K of the Plan, the Reorganized Debtors will continue to pay all obligations on accountof retiree benefits (as such term is used in section 1114 of the Bankruptcy Code) on and after theEffective Date in accordance with applicable law. As a result, the requirements of section1129(a)(13) of the Bankruptcy Code are satisfied.p. Sections 1129(a)(14), (15), and (16)—Domestic Support Obligations, Individuals,and Nonprofit Corporations.57. The Debtors do not owe any domestic support obligations, are notindividuals, and are not nonprofit corporations. Therefore, sections 1129(a)(14), 1129(a)(15), and1129(a)(16) of the Bankruptcy Code do not apply to the Chapter 11 Cases.CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 2 267 o of f1 1334527q. Section 1129(b)—Confirmation of the Plan Over Nonacceptance of VotingClasses.58. No Classes rejected the Plan, and section 1129(b) is not applicable here,but even if it were, the Plan may be confirmed pursuant to section 1129(b)(1) of the BankruptcyCode because the Plan is fair and equitable with respect to the Deemed Rejecting Classes. ThePlan has been proposed in good faith, is reasonable, and meets the requirements and all VotingClasses have voted to accept the Plan. The treatment of Intercompany Claims and IntercompanyInterests under the Plan provides for administrative convenience does not constitute a distributionunder the Plan on account of suc

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Supreme Court Opinions
Lora v. United States

Supreme Court Opinions

Play Episode Listen Later Aug 6, 2024 16:22


Welcome to Supreme Court Opinions. In this episode, you'll hear the Court's opinion in Lora v United States.  In this case, the court considered this issue: Does federal criminal sentencing law require a man who was convicted and sentenced for his role in a drug-trafficking-related murder to serve consecutive, rather than concurrent, sentences? The case was decided on June 16, 2023. The Supreme Court held that the bar on imposition of concurrent sentences in 18 U-S-C §924(c)(1)(D)(ii) does not apply to a sentence for a §924(j) conviction; a §924(j) sentence can run either concurrently with or consecutively to another sentence. Justice Ketanji Brown Jackson authored the unanimous opinion of the Court. Under 18 U-S-C § 3584, a federal court imposing multiple prison sentences typically has the discretion to run the sentences concurrently or consecutively. However, § 924(c) provides that “no term of imprisonment imposed on a person under this subsection shall run concurrently with any other term of imprisonment.” Lora was convicted under § 924(j)(1), which penalizes “a person who, in the course of a violation of subsection (c), causes the death of a person through the use of a firearm,” where “the killing is a murder.” A violation of subsection (c) occurs when a person “uses or carries a firearm” “during and in relation to any crime of violence or drug trafficking crime,” or “possesses a firearm” “in furtherance of any such crime.” The limitation of subsection (c) applies only to that subsection and not to subsection (j), and Congress could not have intended subsection (j) to incorporate subsection (c)'s penalties in addition to its own. Subsection (j) covers a more serious offense, so the resulting flexibility in sentencing is consistent with the statute's design. The Court thus vacated the judgment of the Second Circuit, which held that subsection (c)'s prohibition on concurrent sentences applies to violations of subsection (j). The opinion is presented here in its entirety, but with citations omitted. If you appreciate this episode, please subscribe. Thank you.  --- Support this podcast: https://podcasters.spotify.com/pod/show/scotus-opinions/support

WIP12 - An Infinity the game Podcast
E148: Operations Subsection

WIP12 - An Infinity the game Podcast

Play Episode Listen Later Mar 26, 2024 76:15


In this episode Thomas (Diomedes) is our guide as we revisit the OSS faction after the recent reinforcement updates. Learn some of the lore behind OSS, how they play, whats changed, what's stayed the same, and how to play with the most enigmatic of the Aleph sectorials. Asura example list gr8Kb3BlcmF0aW9ucw9FdmFjIHN1bmRheSBTTT%2BBLAIBAQAKAIJIAQYAAIbpAQIAAIbrAQIAAIbqAQEAAIC3AQQAAIC3AQIAAIC3AQUAAG0BBQAAgLcBAQAAglMBAQACAQAGAIJUAQIAAIJRAQEAAIJVAQIAAIJVBQIAAIYdAQIAAIYdAQIA Marut example list gr8Kb3BlcmF0aW9ucxBCYXNpYyBNYXJ1dCBsaXN0gSwCAQAMAYJJAQIAAoC3AQIAA4C3AQQABIbqAQUABYO2AQIABnoBBAAHglEBAQAIglEBAQAJhGgBAQAKgMABAQALglUBAgAMglUFAgACAAUBglQBAgACglMBAQADhh0BAgAEhh0BAgAFMgEBAA%3D%3D --- Send in a voice message: https://podcasters.spotify.com/pod/show/wip12podcast/message

Politics/News - Rockingham County, NC
March 18, 2024 Rockingham County Commissioners Meeting

Politics/News - Rockingham County, NC

Play Episode Listen Later Mar 19, 2024 75:42


March 18, 2024 Rockingham County Commissioners MeetingAGENDA1. MEETING CALLED TO ORDER BY CHAIRMAN HALL2. INVOCATION3. PLEDGE OF ALLEGIANCE4. RECOGNITION - Rodney Cates, Emergency Services DirectorApproval - Recognition of Fire Marshal Melissa Joyce and Assistant Fire Marshal Jeremy Shelton for the Annual Burned Children's Fund Toy Drive5. APPROVAL OF MARCH 18, 2024 AGENDA6. CONSENT AGENDA (Consent items as follows will be adopted with a single motion, second and vote, unless a request for removal from the Consent Agenda is heard from a Commissioner)A) Pat Galloway, Director of Financial Services1. Approval - Appropriation of $5,025 in ad revenues collected over budget in the Tourism Development fund. Additional revenue will be used to cover advertising expenses.2. Approval - Increase County Attorney budget $40,000 to cover outside attorney costs through fiscal year end. Increase is funded with available fund balance.3. Approval - Transfer $3,650 of the wellness credit received by the health insurance company to the general fund to cover the purchase of a treadmill for the employee fitness center.4. Approval - Increase Public Health budget $311,784 for new State grant award: PH Infrastructure Local Workforce Development. This is a five-year grant ending October 31, 2027. From the grant agreement - "This funding is to help meet the short-term critical infrastructure needs and to make strategic investments which will have lasting effects on local public health departments. This funding will support the foundational capabilities and the local health department workforce needed to support service areas".5. Approval - Captain Brown from the Sheriff's Office is requesting to Replace Jail Kitchen Water Heater. Funds will be coming from the Jail Canteen Reserve Fund.B) Todd Hurst, Tax AdministratorApproval - Tax Collection and Reconciliation Reports for February including refunds for February 15, 2024 thru March 5, 2024.C) Ronnie Tate, Director of Engineering and Public UtilitiesApproval- Addition of Fats, Oils and Grease (FOG's) regulations to the County's Water and Sewer Policy. The current policy does not have regulations relating to the discharge of FOG's into the wastewater system. These new regulations would be added as Sec. 16.A. in Sec. 16. General Discharge Prohibitions in the County Sewer Policy.D) Cathy Murray, DSS Program Manager and Felissa H Ferrell, Health and Human Services DirectorApproval- Proclamation declaring April as Prevent Child Abuse MonthE) Susan O. Washburn, Clerk to the BoardApproval - Regular Meeting minutesF) Amanda Crumpler, Purchasing AgentApproval - Adoption of a Resolution declaring one (I) speaker stand, two (2) wingback chairs, and one (I) locking display cabinet as surplus and reallocated to the MARC, 1086 NC Hwy 65, Reidsville, NC 27320 for use in the facility.G) Angela G. Stadler, Reidsville City ClerkApproval - Appointment of James Motley to the Reidsville Planning Board to fill the Extraterritorial Jurisdiction (ETJ) position. His term will be 3/18/2024 until 3/17/2029.H) Tara Muchini, Youth Services DirectorApproval - Fees for new services and fee increases for current services. Fee increases are due to rate increases from Vaya Health and commercial insurances.I) Hiram Marziano, Community Development DirectorApproval - Revised Planning Board and Board of Adjustment Bylaws reflecting changes to the UDO regarding appointments and terms.7. PUBLIC COMMENT8. PUBLIC HEARINGS:A) Leigh Cockram, Director of Rockingham County Center for Economic Development, Small Business and TourismApproval - The purpose of this Public Hearing is to consider approval of an appropriation from its general fund in an amount not to exceed $618,000 which will be distributed to Project DL following the project parameters. The project is located at 1900 Barnes Street, Reidsville on Tax Parcel ID 148956. This Project will also be awarded a OneNC Grant in the amount of $300,000following the project parameters.B) Hiram Marziano, Community Development Directori) Approval - Case 2024-03: Zoning Map Amendment (Rezoning) – A request to rezone a parcel of land from Residential Agricultural (RA) to Highway Commercial (HC) - Conventional (Straight) Rezoning Applicant: Harvest Ridge Properties, LLC - Tax PIN: 8948-00-07-7325 US Highway 29 at Mayfield Loop - Ruffin Township.ii) Approval- Case 2024-04: Zoning Map Amendment (Rezoning) – A request to rezone a parcel of land from Residential Agricultural (RA) to Light Industrial (LI) - Conventional (Straight) Rezoning - Applicant: Stokesdale Fire District - Tax PIN: 7922-03-20-2094 - 147 Sylvania Loop - Huntsville Township. (This property is owned by Rockingham County & occupied by the South Rockingham Corporate Park was tower.)iii) Approval- Case 2024-05: Zoning Mapp Amendment (Rezoning) – A request to rezone a parcel of land from Residential Protected (RP) to Residential Agricultural (RA) - Conventional (Straight) Rezoning Conventional (Straight) Rezoning - Applicant: John Pierce (owner) – Tax PIN: 7975-03-01-1387 - 1060 Vernon Rd. - Simpsonville Township9. PRESENTATION: Fire Marshal Melissa Joyce and Fire Chief Jonathan ComptonApproval - Proposed Ruffin Fire Protection Service District10. PRESENTATION: Captain Jennifer BrownApproval - Use Federal Forfeiture funds to pay for billboard rental for one year for recruitment/advertisement purposes. This is a permissible expenditure per the US Department of Justice Guide to Equitable Sharing for State and Local Law Enforcement Agencies, (Section V. B I Permissible Uses, Subsection (a) pg. 16). 11. NEW BUSINESS12. COMMISSIONER COMMENTS13. ADJOURN###

Nightside With Dan Rea
Tax Season Is Here Part 2-B Subsection F.

Nightside With Dan Rea

Play Episode Listen Later Feb 10, 2024 43:27 Transcription Available


The IRS officially started accepting tax returns on January 29th so that means it's tax time for U.S. citizens. CPA Mark Misselbeck of Katz, Nannis and Solomon PC joined Dan to give you tips on what to do when filing your federal and state taxes this year.

Foundations of Amateur Radio
What is a repeater or a beacon ... really?

Foundations of Amateur Radio

Play Episode Listen Later Jan 27, 2024 6:31


Foundations of Amateur Radio The other day I came across an amateur who expressed concern that someone was using a frequency set aside for repeater use with their hotspot. Band plan issues aside, and you are encouraged to send an email to cq@vk6flab.com with the link to the official band plan that applies to your DX entity, in my experience it's not unusual for an amateur who is configuring their so-called hotspot to use such a frequency. While you might be familiar with the concept of a mobile phone hotspot that allows you to connect a computer through your phone to the Internet, in this case we're talking about an amateur radio hotspot. Similar in that it allows you to connect through the device to the Internet, but different in that this is essentially a device that connects radios to the Internet, and yes, if we're being pedantic then computers and mobile phones also have radio, well spotted. Anyway, an amateur radio hotspot is a radio with an Internet connection and in that it's much like a modern repeater. Often they use low transmit power, have limited range within a building or vehicle and because of that are hardly "unattended". That said, if you connect a more effective antenna and an amplifier, you could make such a device into a full blown repeater. In other words, the line between hotspot and repeater is likely in the eye of the beholder. Given that the regulator in many countries requires a license for operating a repeater, or a beacon, I wondered what the official definition of a repeater was, so I went looking. Note that this applies to Australia only, but you'll find the journey illuminating I'm sure. The current "Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015" does not have either the word repeater or beacon. The new "Radiocommunications (Amateur Stations) Class Licence 2023" which comes into effect on the 19th of February 2024 uses both repeater and beacon several times but does not define what they are. It has an interpretation section with a note that lists both "amateur repeater station" and "amateur beacon station" and states that the regulator can define terms under section 64(1) of its own act. The "Australian Communications and Media Authority Act 2005" section 64(1) states that "The ACMA may make a written determination defining 1 or more expressions used in specified instruments, being instruments that are made by the ACMA under 1 or more specified laws of the Commonwealth." It should come as no surprise that neither repeater nor beacon appears in this document. I then thought to go sideways and search the "Register of Radiocommunications Licences" for a repeater license. It reveals a PDF for a license with all manner of detail, frequencies, power levels, location, antenna type, etc. for a license, but no definition of what a repeater is. I then looked at the 481 pages of the "Radiocommunications Act 1992". It uses both beacon and repeater. Unfortunately beacon is in relation to the operation of lighthouses, lightships, beacons or buoys. Repeater is in relation to two or more digital radio multiplex transmitters. I then searched through the "Federal Register of Legislation" for the phrase "amateur beacon station". It returns 27 results of which 9 are in force. I downloaded all 9, including any explanatory text if it was available. In all, 340 pages of legal documents. Finally we have progress. In the "Radiocommunications (Interpretation) Determination 2015" we find the following definitions: "amateur beacon station" means a station in the amateur service that is used principally for the purpose of identifying propagation conditions. "amateur repeater station" means a station established at a fixed location: (a) for the reception of radio signals from amateur stations; and (b) for the automatic retransmission of those signals by radio. So, if your hotspot is in a vehicle it's not a repeater, but if you have it sitting in your shack, it is. Similarly, apparently, my 10 dBm WSPR transmitter, which I use solely for the purpose of identifying propagation conditions, is a beacon. Apparently if you have your computer controlling your radio using WSPR, that's a beacon too. You can apparently apply for a license and pay the regulator for the privilege, the price of which went up by 510% according to their own documentation from $29 to $177, no idea if that's a once off or an annual charge. So, now we have a situation where, apparently, the rules state that I'm not permitted to use WSPR without a beacon license. In fact, the "Explanatory Statement to the amateur class licensing reform instruments" explicitly states that "Subsection 13(2) prohibits the operation of an amateur station for specified purposes, including for the purpose of obtaining a financial gain or reward. The subsection also prohibits the operation of an amateur beacon station or an amateur repeater station under the Amateur Stations Class Licence, and, subject to subsection (3), the transmission of an encoded signal to obscure the meaning of the signal." I've just hit send on a letter to the regulator asking for clarification. Perhaps you should write one too. I've also just switched off my WSPR transmitter and if you're one of the 2,312 amateurs who made a WSPR transmission last year in Australia, perhaps you should too. I'm Onno VK6FLAB

Acme Packing Company: for Green Bay Packers fans
Reporting as Eligible - No Leap Til Detroit

Acme Packing Company: for Green Bay Packers fans

Play Episode Listen Later Sep 27, 2023 96:15


On this episode of Reporting as Eligible, Paul, Matub, and JR discuss the thrilling comeback win! The early struggles! The late successes! The monstros pass rushes. And of course, the awful, awful running backs. How good or bad was Love in this game, and what does that mean against a pretty good Saints' defense, and what does it mean going forward? And is Joe Barry starting to get it after shutting down a team despite substantial secondary injuries? And who is better between Wicks, Reed, and Doubs? The guys also go over the brilliant decision to go for two, and the brilliant decision to pick on a former Packer over and over, before moving on to a quick preview of the upcoming Thursday night tilt with the Lions for control of the division. Plus, listener questions, and the fate of SUBSECTION, all on an all new episode of RAE. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Reporting As Eligible
Reporting as Eligible - No Leap Til Detroit

Reporting As Eligible

Play Episode Listen Later Sep 27, 2023 94:15


On this episode of Reporting as Eligible, Paul, Matub, and JR discuss the thrilling comeback win! The early struggles! The late successes! The monstros pass rushes. And of course, the awful, awful running backs. How good or bad was Love in this game, and what does that mean against a pretty good Saints' defense, and what does it mean going forward? And is Joe Barry starting to get it after shutting down a team despite substantial secondary injuries? And who is better between Wicks, Reed, and Doubs? The guys also go over the brilliant decision to go for two, and the brilliant decision to pick on a former Packer over and over, before moving on to a quick preview of the upcoming Thursday night tilt with the Lions for control of the division. Plus, listener questions, and the fate of SUBSECTION, all on an all new episode of RAE. --- Send in a voice message: https://podcasters.spotify.com/pod/show/reportingaseligible/message

Tactical Awareness - An Infinity Podcast
Tactical Awareness - S1 (ITS14) - Ep 013 - Faction Guides: Operations Subsection (Aleph Part 1)

Tactical Awareness - An Infinity Podcast

Play Episode Listen Later Mar 6, 2023 108:14


Welcome to TACTICAL AWARENESS - a Canadian Podcast about Corvus Belli's landmark Sci-Fi Wargame; Infinity N4. Come along with our hosts Ash, Owen and Dan for another Season 1 discussion on foundational topics for Infinity. It's our third Faction Guide kicking off with the Operations Subsection as we dive into Aleph! Join us on Discord HERE: https://discord.gg/Enqh8MDXdS Add us to your favourite Podcasting App using the RSS Feed: https://anchor.fm/s/cfa52998/podcast/rss Get access to episodes 5 days early and other perks like listening in to the recording studio on our Patreon: https://www.patreon.com/TacticalAwarenessPodcast Music "Built to Last" by NEFFEX used via Creative Commons

Zomia ONE
"The Ego and Its Own" by Max Stirner: Part 1 (Chapter 2, Section 2 & Subsection 1) [AUDIOBOOK]

Zomia ONE

Play Episode Listen Later Feb 20, 2023 19:58


Sovryn Tech First University--otherwise known as STFU--proudly presents the audiobook version of Max Stirner's opus: "The Ego and Its Own." Originally published in 1844, Dr. Brian Sovryn has long considered this the greatest anarchist and philosophical (though really, "anti-philosophy") text ever composed, and has long desired to have it available in audiobook form. This audiobook version is of the 1995 revised version by David Leopold of Stephen Byington's superior translation from the original German. This audiobook is performed by the Man of Tomorrow himself, Dr. Brian Sovryn, for Sovryn Tech First University. This includes Part 1, Chapter 2, Section 2 and Subsection 1 of Section 2. MORE TO COME! NOTE: No footnotes are included in this audiobook. Also, David Leopold's inclusion of German words throughout the translated text -- when in parentheses -- are also not included. ------------------------------------------------------------------------- Donate with BTC: 3GYKVWkVE6iAYEnExfiNfCHJkSDFYWEs43 Donate with CashApp: $sovryntech Donate with Venmo: @bsovryn ---------------------------- http://sovryntech.com --- Send in a voice message: https://podcasters.spotify.com/pod/show/sovryn/message Support this podcast: https://podcasters.spotify.com/pod/show/sovryn/support

The Reformed Libertarians Podcast
Ep. 4: How Should Christians View Culture and What Are Some Mistaken Views?

The Reformed Libertarians Podcast

Play Episode Listen Later Nov 17, 2022 33:51


Discussion of the first subsection of the Reformed Libertarianism statement about culture. Also discussed are the significance of the fall into sin, common curse, redemption, and eschatology in relation to culture; as well as subjective sanctification of Christians' cultural activity, contrast of neocalvinist with scholastic and biblicist (or theonomic) views, and transformationalism. https://reformedlibertarians.com/004 00:00 start 00:32 Episode description 00:55 Subsection 1.a. human production 01:30 Defining culture Genesis 1:26-28; 2:15; 9:1-7 04:30 The Reformed Libertarianism Statement & Principles https://reformedlibertarians.com/reformed-libertarianism-statement/ 04:44 Why is understanding culture important? 06:24 The fall into sin and common curse Genesis 3:16-19; Romans 8:18-23; Ecclesiastes 08:00 Original prefall design of culture and eschatology 08:43 Postfall institutional differentiation; establishment of Covenant of Grace; Christ's accomplishment of redemption and fulfillment of original mandate Hebrews 2:5-15 09:24 Subjective sanctification of cultural activity By the application of Christ's accomplishment of redemption in regeneration, Christians are enable to rightly recognize the reign of God in all areas of life, and in all those areas perform those activities to the ultimate end of God's glory. This includes (however imperfect in this life) Christian good works (increasingly, according to the moral normativity of God's abiding moral will), and increasing conformity to whatever other abiding norms God has established for human action generally, and for cultural activity. https://honest2blog.blogspot.com/2022/01/reformed-biblical-theological.html 11:20 Example: logical norms in creational revelation 12:54 Literal and figurative sense of fruitfulness 15:00 Temporal common curse on people, so also their labors and the world 16:02 The error of scholastic views of the relation of religion to cultural activity 17:47 Neocalvinism, against scholastic views, rejects the false idea that there can be any religiously neutral area of human life 19:40 Is this a "cultural Christianity"? 21:25 The error of theonomic views of Christian cultural activity 22:13 Neocalvinism, against theonomic views, holds that the Old (Mosaic) Covenant (and its law) is no longer in force, but has spiritual application for the church, and is not a model for believers' cultural activity in the New Covenant era 23:16 A distinctively Christian view of cultural activity is a matter of discerning creational revelation as understood through the perspective of Scriptural teaching 25:24 What about so-called "transformationalism"? 27:30 Regeneration, and union with Christ in faith, involves our whole selves and lives. All our activity may be service to Christ (Colossians 3:23-24), not in conformity to philosophy that is not according to Christ (Colossians 2:3-4, 8), but rather transformed according to an understanding that all things are created by, through, and for Christ, moreover, and that in Him all things hold together (Colossians 1:16-17) 28:48 The reality of present futility because of the fall, even for believers; and the reality of present meaningfulness by the measure of final resurrection life in Christ 1 Corinthians 15:58 32:48 Intro discussion between Pastor Nate Xanders and Gregory Baus on Reformed Libertarianism statement https://www.youtube.com/playlist?list=PLwrDNUO5MDu-56FIiArhzVisvc1TayOFS The Reformed Libertarians Podcast is a project of the Libertarian Christian Institute: https://libertarianchristians.com and a member of the Christians for Liberty Network: https://christiansforliberty.net Audio Production by Podsworth Media - https://podsworth.com

Politics/News - Rockingham County, NC
November 8, 2022 Reidsville City Council Meeting

Politics/News - Rockingham County, NC

Play Episode Listen Later Nov 9, 2022 128:45


November 8, 2022 Reidsville City Council MeetingAGENDA1. Call to Order.2. Invocation by Pastor Randy Hester of Community Baptist Church, 509 Triangle Road, Reidsville.3. Pledge of Allegiance.4. Recognitions:(A) Recognition of the NC Recreation and Park Association's 2022 Arts & Humanities Award for the Reidsville Teen Center.5. Approval of Minutes:(A) Approval of October 11, 2022 Regular Meeting Minutes. (Enclosure #1)6. Public Hearings:(A) Consideration of a request to rezone 2602 and 2522 Reid School Road, specificallyRockingham County Tax Parcel Nos. 142991Z1 and 142998, from Residential Agricultural-20 (RA-20) to Residential (RS-12) (Z2022-08). (Enclosure #2) - Jason Hardin, Planning &Community Development Manager(B) Consideration of a Text Amendment to amend Article XIII, Section 3, "Penalties forViolating Any Provisions of this Ordinance" and Article XVI, Section 10, Subsection 4,"Notice of Violation" of the City's Zoning Ordinance to remove references to criminalpenalties in order to comply with General Statute 160A-175 (T2022-06). Staff submitted theapplication. (Enclosure #3) - Jason Hardin, Planning & Community Development Manager7. Ordinances:(A) Consideration of Ordinances Amended to Meet Senate Bill Requirements as Requested by the Police Department (Second Reading) and Two New Ordinances (First Reading).(Enclosure #4) - Ray Gibson, Police Chief(B) Consideration of Ordinances Amended to Meet Senate Bill 300 Requirements as Requested by Community Development & Public Works (First Reading) (Enclosure #5) - Jason Hardin, Planning & Community Development Manager8. Resolutions:(A) Consideration of a Resolution to Apply for a Rural Transformation Grant. (Enclosure #6) -Judy Yarbrough, City Marketer9. Policies:(A) Consideration of Tobacco Use Policy and Resources Available to City Employees throughthe Wellness Program and City Health Insurance. (Enclosure #7) - Leigh Anne Bassinger,Human Resources Director10. Budgetary Items:(A) Consideration of a Capital Project Ordinance for the Redundant Water Line Supply Project and a Professional Services Agreement with McGill Associates for the design andconstruction administration of the project. (Enclosure #8) - Chris Phillips, Assistant CityManager of Administration/Finance Director, and Josh Beck, Public Works Director(B) Consideration of City Hall Customer Service Window and Accompanying Budget Ordinance Amendment. (Enclosure #9) - Summer Woodard, City Manager(C) Consideration of Crosswalk Safety System. (Enclosure #10) - Josh Beck, Public WorksDirector11. Updates:(A) Consideration of Sky's The Limit All-Inclusive Park Site Plan, Schedule and BudgetOrdinance Amendment. (Enclosure #11) - Josh Beck, Public Works Director(B) Consideration of Lower Jaycee Park Splashpad Layout. (Enclosure #12) - Chuck Boecker, WithersRavenel, and Josh Beck, Public Works Director(C) Consideration of Potential Cypress Drive Improvement Plan Cost Analysis, Etc. (Enclosure #13) - Scott Clark, Wetherill Engineering, and Josh Beck, Public Works Director(D) Consideration of American Rescue Plan Funding Update and Corresponding Grant Special Revenue Ordinance Amendment. (Enclosure #14) - Chris Phillips, Assistant City Manager of Administration/Finance Director12. Other Items:(A) Consideration of Adoption of State Holiday Schedule for 2023. (Enclosure #15) - Summer Woodard, City Manager13. Boards & Commissions:(A) November Appointments. (Enclosure #16)14. Public Comments.15. City Manager's Report:(A) Month of November. (Enclosure #17)16. Council Members' Reports.17. Announcement of Board & Commission Appointments.18. Miscellaneous:(A) For Information Only.19. Move to the First-Floor Conference Room for a closed session to consult with an attorney to preserve the attorney-client privilege under NCGS 143-318.11(a)(3).20. Adjourn.###

The [Un]Sanctioned Citizen
Chapter 9, Subsection ‘Special Administrative Measures'

The [Un]Sanctioned Citizen

Play Episode Listen Later Nov 2, 2022 39:29


Continued reading of ‘The Trial of Julian Assange' Download the Callin app for iOS and Android to listen to this podcast live, call in, and more! Also available at callin.com

Audible Bleeding
The SVS Sub-Section on Outpatient & Office Vascular Care, with Dr. Robert Molnar, Dr. Anil Hingorani, and Dr. Edward Arous

Audible Bleeding

Play Episode Listen Later Oct 30, 2022 30:41


We are excited to have Dr. Robert Molnar, Dr. Anil Hingorani, and Dr. Edward Arous to discuss the SVS Sub-Section on Outpatient & Office Vascular Care (SOOVC). In 2018, the SVS created a new membership section for clinicians who work in outpatient and office vascular care centers. The section's mission is to establish a forum where members can work to advance the care of patients with vascular disease in outpatient settings by enhancing SVS efforts in education, advocacy, quality practice, ethics and research. Since its start, the section has grown to more than 130 members. It is now a subsection of the SVS Community Practice Section (SVSCPS).    Dr. Robert Molnar has practiced with the Michigan Vascular Center since 1998. He completed his undergraduate studies at the University of Notre Dame, his medical degree at the Medical College of Ohio, his General Surgery at Michigan State University and his Vascular Fellowship at Vanderbilt University. He serves as the chair of the SVS Community Practice Section and is on the SVS executive Board. One of his main interests is in high quality outpatient vascular care, especially in the OBL space.   Dr. Anil Hingorani has been practicing vascular surgery in Brooklyn, New York since 1998. He completed his undergraduate studies at Rensselaer Polytechnic Institute and graduated medical school from Albany Medical college. He performed his general surgery residency at St. Luke's Roosevelt Medical center at Columbia University and his vascular fellowship at Maimonides Medical Center. He serves as the chair of the Subsection  for Outpatient and Office Vascular Care. He is affiliated with NYU Langone in Brooklyn New York   Dr. Edward Arous received his medical degree from the University of Massachusetts Medical School, his master's in public health from the Harvard School of Public Health, and completed his residency in vascular surgery at the University of Massachusetts Medical School. Prior to joining The Vascular Care Group, Dr. Arous was an Assistant Professor of Vascular and Endovascular Surgery at the University of Massachusetts Medical School and the Director of the Limb Preservation Center.  Learn more about the SOOVC here: SVS SOOVC webpage  Learn more about the SVS Clinical Practice Section here: SVS Community Practice Section webpage   What other topics would you like to hear about? Let us know more about you and what you think of our podcast through our Listener Survey or email us at AudibleBleeding@vascularsociety.org. Follow us on Twitter @audiblebleeding   Learn more about us at https://www.audiblebleeding.com/about-1/ and #jointheconversation.

The [Un]Sanctioned Citizen
Chapter 8 Subsection “NSA Scandal”

The [Un]Sanctioned Citizen

Play Episode Listen Later Oct 27, 2022 71:14


Continued Reading of ‘The Trial of Julian Assange' Download the Callin app for iOS and Android to listen to this podcast live, call in, and more! Also available at callin.com

Law School
Taxation in the US: Tax protester (Part Two)

Law School

Play Episode Listen Later Jun 3, 2022 14:21


Treatment by the Internal Revenue Service. Prior to the Internal Revenue Service Restructuring and Reform Act of 1998 (the "1998 Act"), the Internal Revenue Service had defined a tax-protester scheme as "any scheme without basis in law or fact for the ostensible purpose of expressing dissatisfaction with the substance, form, or administration of the tax laws be either interfering with tax administration or attempting to illegally avoid or reduce tax liabilities." The IRS has not released records indicating whom the agency defined as "illegal tax protesters" (coded as TC-148). In testimony before Congress in 1997, former IRS historian Shelley L. Davis contended that the IRS kept lists of citizens "for no reason other than that their political activities might have offended someone at the IRS " and she charged that "anyone who offers even legitimate criticism of the tax collector is a tax protester " After the 1997 congressional hearings, Congress responded with the 1998 Act. Subsection (a) of section 3707 of the 1998 Act now prohibits "officers and employees of the Internal Revenue Service" from designating a taxpayer as an "illegal tax protester" or using any similar designation for a taxpayer. By contrast, subsection (b) of section 3707 provides: "An officer or employee of the Internal Revenue Service may designate any appropriate taxpayer as a nonfiler, but shall remove such designation once the taxpayer has filed income tax returns for 2 consecutive taxable years and paid all taxes shown on such returns." The IRS has prescribed procedures for its personnel to handle frivolous returns (whether considered valid returns or not) in the "Frivolous Return Program" section of the Internal Revenue Manual. The IRS has concluded, in Service Center Advice 200107034 dated November 15, 2000, that the statutory prohibition on the use of the term "illegal tax protester" by IRS personnel does not prohibit the IRS from maintaining a database of frivolous tax return filers as part of its Frivolous Return Program. IRS Advice 200107034 states (in part). --- Send in a voice message: https://anchor.fm/law-school/message Support this podcast: https://anchor.fm/law-school/support

Business Drive
Nigerian Lawmakers Rejects Request To Amend Electoral Act

Business Drive

Play Episode Listen Later Mar 11, 2022 1:15


The Senate has rejected the request of President Muhammadu Buhari for amendment of the Electoral Act which prevents appointive political office holders from contesting for election from party primary level without resigning. The request was rejected after the Senate Leader, Senator Yahaya Abdullahi made the lead debate for the second reading of the bill on Wednesday. The Senators kicked against it and voted no when put to voice votes by the Senate President Ahmad Lawan. President Buhari asked the National Assembly to amend section 84 (2) Subsection 12 which states that no political appointee shall be a voting delegate or be voted for at the convention or congress of any political party for the purpose of the nomination of any candidate for an election. He says the amendment is necessary as the clause constitutes a fundamental defect and leads to the disenfranchisement of political officeholders.

Business Drive
Nigerian Government Restrained From Tampering With Electoral Act

Business Drive

Play Episode Listen Later Mar 9, 2022 1:06


Justice Inyang Ekwo of the Federal High Court in Abuja stopped President Muhammad Buhari, the Attorney General of the Federation, Abubakar Malami, and the Senate President, Ahmad Lawan, from tampering with the newly signed amended Electoral Act 2022. Justice Ekwo agreed with the counsel to the party, James Onoja, that the Electoral Act has become a valid law and cannot be tampered with without following due process of law. The court restrained the defendants from removing Section 84, Subsection 12 of the Electoral Act or preventing it from being implemented for the purpose of the 2023 general elections. The PDP had dragged President Buhari before the court, challenging the fresh move to tamper with the newly amended Electoral Act signed into law some days ago.

The Backstory
Abracadabra! Make section 52 (subsection 2) disappear.

The Backstory

Play Episode Listen Later Jan 11, 2022 18:17


On October 12th, the National Assembly approved amendments to section 52 of the Electoral Act that would empower the Independent Electoral Commission (INEC) to implement electronic transmission of election results. But for some reason, that same day, they decided to propose a critical amendment to section 87 of the Electoral Act. The amendment would require political parties to hold direct parties instead of having the option for indirect primaries. Then they sent all the amendments off to the President for his assent. He returned the bill back to them, unsigned. His reasons for not signing came down to section 87. What does this mean for section 52? ——————————————— This episode was produced by Rahmat Muhammad, Anthonieta Kalunta, John Iwodi, Dominic Tabakaji and Sam Tabakaji. Executive producer Rahmat Muhammad. Special thanks to Mala Iwa Gbado Ikaleku. Copyright (c) 2022 Triple-E Media Productions. All rights reserved. ——————————————— ▶︎Follow us @234.audio on Instagram, @234audio on Facebook, and @234audio on Twitter ▶︎Subscribe to our 234Audio YouTube channel ——————————————— If you are interested in sponsoring or licensing this program, reach out to us via WhatsApp at +234 818 230 1234 or send us e-mail at info@234audio.com ———————————————

Basically It
Basically.... are you ready to launch?

Basically It

Play Episode Listen Later Dec 9, 2021 31:05


5:34 - Ready to Launch 11:37 - Hard Launch breakups 15:11 - Hot Girl Glow Up 19:30 - Whatever Deuxmoi Says Goes 20:40 - Soft Launches 22:11 - A Subsection of the Soft Launch: the No Launch 24:20 - Launch-Fishing

The Nathan Barry Show
054: Nick deWilde - Growing Your Audience While Working Full-Time

The Nathan Barry Show

Play Episode Listen Later Nov 1, 2021 61:08


Nick deWilde is a Product Marketing Principal at Guild Education. Guild is a fast-growing startup that partners with Fortune 500 employers. Guild unlocks opportunities for America's workforce via education and upskilling.Nick also runs his newsletter, The Jungle Gym. The Jungle Gym helps readers build a more fulfilling career that integrates work and life. Before working at Guild, Nick earned his MBA from Stanford Business School, and was a Managing Partner at Tradecraft.Nick and I talk about his relationship with Twitter, and how social media can both serve you, and be a challenge. We talk about individual brands and growing a platform. Nick also shares his thoughts about marketing yourself as an individual, and we discuss how growing an audience plays into your career.In this episode, you'll learn: Building an audience while working full-time Three reasons people start newsletters What to do when your follower count hits a plateau Links & Resources Morning Brew Fastly Joseph Henrich, The Secret of Our Success Julian Shapiro Sahil Bloom Dickie Bush Medium Tiago Forte Building a Second Brain David Perell Write of Passage Tradecraft Guild Hacker news John Lee Dumas Packy McCormick Mario Gabriele Seth Godin Rachel Carlson On Deck Gong Matt Ragland Charli Prangley The Nathan Barry Show, featuring Kimberly Brooks Harry Stebbings The Twenty Minute VC Isa Adney Liz Fosslien, No Hard Feelings: The Secret Power of Embracing Emotions at Work Discord Reddit Pallet Craft + Commerce ConvertKit Enough Ryan Holiday James Clear Marie Forleo Ramit Sethi Nick deWilde's Links Follow Nick on Twitter Nick's newsletter, The Jungle Gym To tweet, or not to tweet Episode Transcript[00:00:00] Nick:I've tried to do things in my writing where my employer benefits from them. I talk about work a lot, and whenever I talk about hiring, I mention Gild is hiring. There are things I do to just try to make sure that it still feels worth the company's while.[00:00:25] Nathan:In this episode, I talk to Nick deWilde, who writes a popular newsletter called The Jungle Gym. He's got a background in product and growth, and all these things from the startup world. I just love the approach that he's taken to writing these days.We talk about growing as newsletter. We talk about his interesting relationship with Twitter and social media. How it can really serve you and be this great thing, and then it can also be challenging. Maybe you're spending too much time on it, or time on it in a way that's not actually serving you or benefiting you.We talk about the rise of individual brands being used to grow a platform. It's something I've been thinking a lot about, watching Morning Brew and Fastly, and some of these other companies do it. It's just interesting whether you're marketing as a company or an individual. It's just a good conversation. We also talk about audience, and just how that plays into your career.He recently made the switch from a full-time role, to doing more audience-based business stuff. He was just in the middle of that journey. So, it's a fun place and time to catch up in the conversation.Nick, welcome to the show.[00:01:33] Nick:Hey, thanks for having me, Nathan.[00:01:35] Nathan:I want to start on this article you have, that I like a lot, called, “To tweet, or not to tweet,” That got you ahead. I also happened to go to the Shakespeare festival recently, and watched them do “The Complete Works of Shakespeare, Abridged.”So, you know, I could probably pull off a good, to[00:01:50] Nick:Nice.[00:01:51] Nathan:Be or not to be speech right now. It's in my head because I think about all the wonderful things that Twitter and an audience beyond that does for me. Then also the negative sides of it. So maybe we dive into that, but I'd also love to hear what sparked you diving in and building an audience.[00:02:11] Nick:Yeah, I'm so conflicted on Twitter, and audience building in general. Like anything, I imagine there's a fair number of people who you talked to, who are in the writing community, who feel that way. On the one hand, Twitter does so many things for me. Especially over the past couple of years.As we've been in lockdown, lives have moved online. I have met and made friends with so many amazing people through Twitter that I wouldn't have met otherwise. Same with the newsletter, but Twitter is a little bit easier to build those relationships.Twitter has definitely helped grow my bank account. So, there are clearly things that being online and participating in the online world really does for you that are valuable.I think, building an audience is super valuable.When I think about the future of work, and what will be automated and what won't be, I really think that human beings, our greatest strength that is the hardest to copy is our ability to influence other people. This really comes from some of the thinking of author Joseph Heinrich, who looked at what is the secret of human success.It's cultural learning. It's our ability to essentially watch what other people do, and mimic them. We're really good at detecting what is a real human and what's not, and who's someone prestigious that we should learn from, and who isn't.I think that audience building is super valuable. So, even though I don't love the activity of building an audience, I have gotten a lot of value out of it, and I see the value in it. So, I very much come from a conflicted spot in this. I'm very impressed by people like Julian, and Sahil, and Dickie Bush, who have grown amazing audiences.Some days I aspire to 10X my audience, and some days I'm just like, please let me be a monk and live in seclusion.[00:04:20] Nathan:Well? Okay. So I had a Twitter thread last week that I did It was on company culture for remote teams, and I've had some that like take off and do well before, but this was like 1300 retweets, like almost a million impressions, a level of taking off. And on one hand I was like, this is amazing.And the other, I like checked the notifications and the replies so many times, and it was fascinating watching it go from like my circle to the next circle, out to the next circle out. And like, we're still in like positive replies, happy. Oh, build on it, refine it. And then like the one circle past that, which it took about, let's say 12 to 18 hours to get to[00:05:06] Nick:Yeah[00:05:06] Nathan:And that was the. This guy's an idiot. I'd never want to work at that company. you know, like all like the, the haters and the non from there, and then it like dies out and this is weird arc of his, we should graph it, but it just made me think of, is this something that I want to do and want, had I added thousands of Twitter followers?I think I could recreate it. Like maybe one in five attempts would like hit that big. Who knows. but I wrestle with the exact question of like, do I want this?[00:05:36] Nick:You and you're, you're just, you're like jacked up on dopamine. You're like, you're, you're sort of you're you, you, you start just imagining all the good things that will come from this. I should be doing this all the time. Like, you know, I, I mean, I think it's, it's sort of pre progressive problems, right?Like, like there's, there's the problem of like having a smaller audience and like putting something out into the ether and then, this, this kind of, getting no response, right. That, that, that's the first thing that, that actually like most people kind of deal with. Right. And, and, and that's, that's a weird thing because it's like, it's like, you're, you're then judging the quality of your ideas based on the ability of, based on basically your, your audience's response and, and realizing like, you're not actually talking to your audience, you're talking to.Subsection that Twitter has decided that you can talk to at that specific point in time. And so, and then you're basically judging your own ideas based off that. And if, if your idea is like, I think, I think when you hit a certain bar of audience, like you can, you can share ideas that are, pretty complex and nuanced and like you'll, you'll find some, some sort of interest for it and it has a potential to take off, but like there there's stuff where if it's kind of interesting and nuanced there, isn't really kind of a built in audience for it.And people don't really have the time to like always dig in and kind of engage and try to like, find what's at the kernel of, it's why I like newsletters a lot more than I like tweeting. But, but, but, but I think, I think what you're, you know, then there's, there's, there's the problem where once you get big enough, like you're now being your ideas are being put in front of a bunch of people who like you didn't intend them for.And those people for some reason have decided to invite into their lives, like conflict with strangers on the internet, because[00:07:19] Nathan:That's like a primary goal,[00:07:21] Nick:Right, right. It's like, it's it. It's what gives them a great day. Right. And, and, and so, so yeah, it's, it's such a weird thing. And so I, like, I mean, I, I think about this with like, I equate Twitter, often to, to kind of, like refined sugar, right.With refined sugar, right. It's it's, it's what we call supernormal stimuli. Right. It, it, it, or super, super normal stimulus. and, and what that is, is basically something that like replaces some natural, like evolutionary desire you have with something kind of artificial that just sends your brain on like overdrive seeking that thing, seeking that thing over and over.And, and that is. That's what Twitter is. It's, it's, it's refined status instead of refined sugar. And that refined status is like, it just, it takes this thing that you normally do, which is like seek, prestige from your, your tribal group, which was a really good thing to do to make sure that you, you know, ate a good meal.And it, and it puts that into, into this crazy overdrive and it like, it centers your brain around it, and it's, it's such a, it's a really powerful thing. And so I, you know, again, right, it's like, there's all these great gifts that come from Twitter and then there's, then there are all these drawbacks and it's, it's almost like perfect equilibrium of, should you do it or should you not?And I don't begrudge anyone either way for their decision.[00:08:46] Nathan:What I always wonder is if I could only have the benefits, like, is there a way let's say that you don't doom scroll Twitter with the latest news and whatever's going wrong, or whatever, latest Twitter fight there is. Maybe you do in a separate app publish these like smart tweets or brilliant threads that are going to get all this attention.And you do one of those every day, but then like you jump in an hour later and respond to a bunch of comments and then like the next day you do it again for 30 minutes and then like, that's it. And you just bat, like, there is this world where you could own Twitter rather than Twitter owning you, but like, are you capable of it?Do you have the self-discipline to pull that off?[00:09:33] Nick:Totally. And, and I, and I think, I think like, you know, I I've talked, I think Julian about this and I think he uses like tweet deck for it. And I think, I think there are ways you can do it. Right. I like for awhile, I was good at like, I would tweet in the morning and then I would like uninstalled the app off my phone.So I wouldn't look at it. and like, there are things that you can do. it's just, it's just really hard because I think to some degree what Twitter, rewards, especially when, when you're on the audience building path. Right. I think when you're like, tens of thousand or hundreds of thousands of followers, you, you actually have a lot more leeway to do what you want.Because, because like, you're just, it's likely that your tweets will work, but like when you're building your ions, there's, there's something that like, it's sort of like, there's a Turing test that's happening, right. People are sort of looking, are you an engaged human being? Cause I I've I've I knew some people who sort of, they, they schedule and preplan all their tweets and like, and to some degree they, they just, they don't hit, they don't work because it doesn't feel real time.They're responding in real time. So like[00:10:35] Nathan:Out of pace. You're out of touch with what's happening with.[00:10:38] Nick:Exactly And so, and so it's, it's sort of, Twitter's kind of like looking for these weird signs of life. So I think it's, I think it's doable. There, there must be some way to do this, but, it's tough. I think the, the other, the other thing that Twitter did to me, that I, disliked is, it makes me feel like my relationships are very transactional because you have these likes retweets, and like these, these, Very clear, like signals of engagement.You, you start to like, or I start to like, to like keep score. Right. And, and I, and I don't, I like, I don't do that anywhere else in life. I think a good, like obviously good relationships tend to start out transactional and then like, they, you kind of forget what the transactions are and like that, that's what creates a close friendship where like, look like you may have paid from the last time I paid for you this time.It doesn't really matter anymore because we transacted so many times, but, but Twitter, for some reason, the score always feels out there. And, and so that was, that's really been like a little bit of a red flag to me. And I, I I try to keep a generous mindset and a generous spirit on Twitter, but I find it harder than in real life.[00:11:52] Nathan:That makes sense to me. So maybe taking a step back, and maybe we'll wrestle with some of these, like to grow an audience or not to grow an audience questions[00:12:00] Nick:Sure[00:12:02] Nathan:What was the thing that, sparked for you? I'm like, I'm going to go start a sub stack. I'm going to actively work to build an audience.[00:12:10] Nick:Yeah, I, so I was writing on, on medium starting in like 2013, maybe. Um and and really got a lot out of it. I, I started my career out as a, as a screenwriter, so I was planning to go into the TV industry and like, and, and for, you know, for, for many reasons, found that to be, a path where like, you didn't really control your destiny.I saw I met lots of, you know, mid thirties, you know, production assistants who were slightly bitter. And then, so I just kind of realized like, this, this wasn't exactly a good path, for me. And so, but I, I wanted to kind of keep that like, that creativity, that like interaction with an audience, I think, you know, it, it was.And found that in writing. And so And so started publishing on medium. Um we was a great experience in terms of how quick it was to publish, but like the distribution of publishing a medium sucks, right? Like, you're you you, you publish ones and then like you spam all your friends and like, you're, you're just, you're working super hard to like push this thing and promote it.And I was like, there's gotta be some way that's a little bit easier. and so I actually ended up in, I think I took, I took Tiago Forte is building a second brain course that kind of like, magically grandfathered me in somehow to like David Pearl's first um uh cohort or Write of Passage, which was awesome And like, I would say, like, I took a lot out of that, but like the biggest thing was, was like start a newsletter. and so basically I started out, I think I started out with a review even. but but anyway like started publishing. Opted in when I knew onto the email list, which I'm sure they, they may or may not appreciate it, but this is before there were tons of sales tax out.And so I felt like it wasn't, it wasn't that crazy. I probably wouldn't have done that in like 20, 20, but, but w really wanted like a way to like, continually kind of interact with my audience without having to worry about like, you know, just, just kind of constantly doing the heavy promotion work.Um now that's because I now you know posts just as a part of medium but but at least there's those sort of a built in audience that kind of grows over time that you kind of keep with you. and, and so. doing that, it was kind of it's kind of a mix of for work and for life.I, I was, at the time, the managing partner of a, of a, uh immersive education program called Tradecraft. And like we, we would help people make sort of complex career transitions into the startup world. And and so a lot of what I was writing was kind of about that. It was about careers. but it also tied in with, with kind of deep interests.It was sort of why I took the role in the first place. and, and what I found when I, when I moved from Tradecraft over to Guild was like that kind of nicely traveled with me. and, and I think there's, there's something, something really nice about a newsletter, being a kind of an appendage to your career, where, like it expands your professional identity to a certain degree.You, you can become a little bit more than just your job, especially working for, like, like a single individual company, especially if you're, if, if the company is larger you, have to deal with a lot of like coordination challenges. there there's a lot of bureaucracy that happens at a company And one of the nice things about having a newsletter is you are in charge of it. It's like you're the CEO of it. the product ships, when you choose to ship it and you have complete editorial say over it, and the distribution that you put into it is what you get out of it. And and there's something really nice about that.It helped me kind of identify as a person who who, ships a lot, even when, sometimes, you know, you know, you you have to work on something at at work that takes a long time.[00:16:12] Nathan:Have you found a dress core even a strong correlation between the effort that you put in to your newsletter and your audience growth and the results that you get out, or does it feel like a more tenuous connection?[00:16:24] Nick:I think, I think there is a pretty good, like w w when I think a post is going to really hit it usually does and so I would say like, like when I put effort into, into writing something really good, I think usually it meets it meets or exceeds my expectations. And when, and when I feel like something is, I'm kind of honing in on, on a, on a post, like usually I get that too.So I think what, what can also happen. You know, sometimes you post something to hacker news and it turns out it's somehow on the front page and like that your audience growth spikes, or like you get featured in someone else's newsletter and your audience grows spikes. And like, there there's a lot of activities that like, you know, I'm not doing directly to promote it, but but it just sort of, um you know, happens in a nice way.And so that's happened, you know, more than a few times and like, that's a pretty neat thing, but like, I think to some degree that comes from just trying a lot of different things and then like, there's sort of like a, a second order effect of some of those things really, you know, hitting it off.[00:17:28] Nathan:Yeah, I think that's that's right. I knew in the early days of starting my newsletter, I felt a strong correlation between what I was working on and like the effort that I put in and the results that I got out, been been interested well at the time I do like a really epic blog post where I put of effort, you know, we're kind of the, for, you know, off and on for weeks or months and like really a hundred and get friends to read it, all of that.Those pretty much always do really well. But what I'm surprised by is sometimes the throwaway posts really, throwing it. Like, it's a simple idea that you flushed out into a post and you were. Hey, it's Tuesday. I got to get something out. Like it's sort of in that[00:18:09] Nick:Totally[00:18:09] Nathan:Sometimes those really hit.Sometimes they actually resonate. Have you had some of those that were like easy easy ones ones that hit?[00:18:18] Nick:So the, publishing cadence is I do, I do two, two posts a month and one a and it used to be, it used to be one post a month. And then I basically separated out into two. Cause I realized like it was too much to kind of condense into, into one post. And like, I wasn't getting the. The, as many eyeballs on like the second half, so decide to pull them apart.One is kind of one big essay. And the second is a, is is of like a, a But I think of it as like, as like I do pretty deep them. So it's actually of like a, here's what this is about. And a little bit more like, here's what this made me think about.And And, the, the essay is, I always spend a good amount of time on them. or at least this year I've spent a good amount time[00:19:05] Nathan:On all of them two hours, 20 hours, 200 hours?[00:19:11] Nick:2020 is probably probably closest. a really slow writer. And so, and so, like, I, I do, I mean, I like like write and like re-edit the first paragraph, 20 onto the next And likeI don't either Yeah The the the the the, the, top of the like, it's like a then like the last paragraph gets like one glance and I'm like, God, get this thing from Um don't and I I that is the wrong thing to do, yet, somehow I do that anyway. but, but, so, so those, those posts, they tend to get, of. You know, time and care. and then what'll happen is sometimes the, the ones that are like the link roundups, like will, will be very spiky.And I I'll spend, you know, that's, that's a little bit more like a three hour thing, um or four hours or something like that. and yeah, so, and then, and then I had, I had a, a, something that I was doing when I was interviewing folks, I call it the key ring where it was like a pretty structured interview that I would do where I asked the same questions over and over again.That was, that was fun. It, it, it started taking a long time to like do the back and forth. And so I'm putting that on pause for the moment. I may pick it back up again. those are fun just cause you can, you can feature someone that, that you like and get a chance to just and hang out It's kinda like[00:20:40] Nathan:Yeah. Those are always interesting to me. Cause I, I think about that on this podcast of asking the same questions, which I know New, I riff on the questions too or elementBut if you did, in theory, if you're like, did you grow from a hundred subscribers to a thousand subscribers in your newsletter?And you asked that to every single person, then you could compile that over 40 episodes or 40 newsletters or whatever. like, Hey, here's a guide on how to do it. And like, I pulled it from a whole bunch of sources. So that part of like standardized questions intrigues me. don't love it the live, know, version of a or newsletter where it's like, okay, it's too formulaic.People have done super well with us formulaic, like, John Lee Dumas, who did the Podcast entrepreneur on fire. Like he went all out. He was like, this will be 20 minute episodes, we're going to of release one a day, seven days a week and like works for him. I have no desire to do that, you[00:21:36] Nick:Totally[00:21:38] Nathan:Yeah, I don't know. you think about the repurposing side of content like that, or is it more just about the, the upfront.[00:21:45] Nick:I'm at repurposing and, and I, it's something that I, have like a psychological hangup about it. Like I always kind of feel like I need to be just like moving on to the next thing. The next thing, like I've, I've tried like going back and like, be like, oh, I should mind this thing for some, some tweets.And it always feels weird to do. And like, I want to write my Roundup, but I think, I think what I've just recognized as. Another reason why I write the newsletter is like, I want an excuse to have interesting new thoughts each month. I want essentially a performance, right. Where like, we're like, there is a moment where like, if I, if I hadn't been like reading and thinking each month, like, there is a moment that it will, that I will be embarrassed if I don't do that.And like that, that's the way I think about the newsletter. And so, and so repurposing content would be something it's almost like an admission of defeat. which, which I don't is is other people should think but that's an area of my head. And so, and so I think it just like, I need to be onto doing the next thing.There's a bunch of stuff where like, I would love to, I love ways to use the archives, my newsletter better. I think actually like stuff like this is a fun way to do it. Like through a articles and I was like, oh, there's there's stuff I can, I can reference from those. Um but it's it's, it's tough.[00:23:05] Nathan:That makes sense. Okay. So let's talk cadence for a second because this is one of the most popular, common, I don't know, questions that I get from people starting newsletters. Is there, like it should be daily right now, weekly, monthly, twice a month. Can I just do quarterly? Can I grow an audience for the quarterly newsletter?You've settled on twice a month? What was the thought that went into that? And, and what's your present cons on, on that particular.[00:23:33] Nick:I think. I mean, one of the weird things, which I'm like, I don't think it's just me, but like, like, it was like, when you, when you release a newsletter issue, like you naturally lose subscribers, but like, like, like people are reminded that like, they're like, know you have yeah You have keys to their inbox and they're like, like, why why did I let this And so and so like and so ideally like that, you know what I mean, then that's gonna have a rude awakening for, I think, I think people who are like, oh, this, this thing just goes on autopilot. but, but you need something that like is going to generate more new subscribers than it will lose subscribers because I'm a slow writer, like my, my ability to write something that I think is going to generate new subscribers is like twice a month. And like, and, and, if, and if I was, you know, Paki and Mario there, I don't know how fast they are, but like they are, they're dedicated.They can crank out some ungodly number of words, you know, once a week, twice a week, which is super impressive. And I think if I was them, I would do that. And like, you know, I, I love still like Seth Godin writes, like, you know, I feel like he writes every day. And I think so I think if you're, if you're capable of doing that, like, and, and, and doesn't lose subscribers, then like do it and set an appointment.And I think all those things are really nice, but for me, it's like, how do I make sure that like, one it's kinda, it's kinda manageable with a, with like a full-time job, which is the way I've been doing it for a long time. Right. and need to, I think, um you know, there, there are, there are weirdnesses of having a newsletter, any full-time job at the same time.And one of those is like, You are publishing, like if your hobby was sea kayaking, right? Like, like you could do that with no one knowing that you were doing it. Right. And like, and, and there's, there's nothing weird about that. Or like running a marathon or something like that. like it's clearly the thing you're doing on the side, writing a newsletter is like, it's it's knowledge work that is like akin to, to, type of work that you might do in an office Right Coding[00:25:41] Nathan:Marketing copywriting, whatever your your day job[00:25:44] Nick:A hundred percent. And like, and like, if you're putting that out on LinkedIn, like, you know, your managers managers are seeing it and like, and so there's, there's just like, like doing that every day would be, a weird would feel weird to me even if, even if no one else felt weird about and so, and so I feel like twice a month it feels, feels good to me.It's also, it also just like keeps me excited to keep, to keep at it versus making feel like it's like a daily or weekly chore. And I have like a day off, I have a week off in between so that I can like, you know, spend the weekend, not writing if I want to, which is nice.[00:26:23] Nathan:Yeah. I like the idea of timing it to your, like your cadence as a writer. What advice would you have to someone who's in that position of, building audience on the side there, maybe they're doing it secretly at first where they're like awkward about it's this may maybe self promotional, but, but at some point, if you get to any scale right. will either you'll tell people at work about it or they'll find out about it in some way, hopefully be supportive, but I don't know. What advice do you give to someone who's in that[00:26:54] Nick:First, acknowledge that there is weirdness to it. Like there, are, like there are inherent trade-offs to everything and like, and like there is there's weirdness and if, and if you're your, like the, the company I've been working for Guild, like they, like everyone has been more than supportive at it, but, of the, the work and like, but I still have a weird complex about it.You know, I think part of the reason I ended up getting the job was because of, because of the newsletter, some of the stuff I publish of like, you know, shaped our marketing strategy. So there were things where like, I've tried to do things in my writing where my employer benefits from them.Like, you know, whenever I talk about work a lot and whenever I talk about hiring, I mentioned Guild's hiring, Like there, there are, there are things that I do to just try to like, make sure that it still feels worth the company's Weill. And also, like, I think, I think I try to bring in ID.Like I try to have ideas that are useful to what I do at work. so I I wrote this, this piece on, platform branding, which was all about, companies that essentially used their employees to build audiences that, also benefit the companyAnd like, you know, we, ended up using that strategy at Guild which, which was, which was cool.And like that ended up being the strategy doc to some degree, around it, which was cool. And so so so, there's there, there's like ways that you can. think um you bring that in that that are, that valuable. And so I try to sort of look for those things. I, but I think, you know, acknowledged right.That there's, good writing is vulnerable and sometimes it's weird to be vulnerable in front of your colleagues. and, and like it's naturally an attention seeking activity. And if like, if like there's someone at work feels weird about you, like, will be, you know, something that they can talk about, the proverbial water cooler about like, you know, why, why you're not doing your job and you're, you're off writing these letters So so there's there there's weirdness, but like, I think if you can make, if you can allow your company to benefit from the audience you are growing, I think that tends to be a pretty good fit[00:29:12] Nathan:What that made me think of is basically it's going to accelerate or, magnify, whatever someone already thinks of you. So for example, if someone already thinks, like, I don't know, next kind of. he just doesn't contribute that much. Like is he even working half the time then if they publishing once a week, then they're like, see proof of what I already thought. if like the executive at the company is like, Nick is one of the best hires we've ever made. Oh. And look now he's like publishing and rhinos. Like he's a thought leader as well. Like whatever they think is just going to accelerate more. And so maybe it's looking what reputation you already have.[00:29:51] Nick:A hundred percent and it's like, it's like, I mean, the way I see it, and this is kind of what I wrote about in the platform, branding thing is like, I actually think that, having a bunch of employees who are, in a creator type role, um it's like underdeveloped marketing channel. Like you essentially, you have these people who have.Hey, like, I'm going to, going to take my scarcest asset my time give it to this company. and and and now I'm going to build relationships with, with all of these thousands of people who, who listen to these ideas and like, and like that sort of just gives positive energy to the company. So, so actually, like when you compare it, even to like a, a side project that you're coding nights and weekends, I actually think, I think companies should be really supportive of, of, of kind of audience building on the side because it really can benefit them but, but people naturally have a, there's there's a weird feeling about it. And so, and so you have to like, especially as a company, You know, like our, our CEO is, is, is really good at building her own audience on LinkedIn. And I think that gives everyone else some permission to like, you know write vulnerable and things like that.So I think, but I think it, it is, it is a really important thing to be able to have this kind of a group of people who are increasing the company's sort of surface area in Serendip.[00:31:23] Nathan:Yep. I like that. I've wondered about doing something like that for ConvertKit. We have a handful of people on the team who are very prolific creators, for the two myself and then, our creative director, Charlie, frankly, she has like followers on YouTube and a popular channel and all of that.There's a handful of other people who have podcasts and are, are active on Twitter. Our product managers are quite active when you talk to them about things related to ConvertKit, you know, they're like active with customers, but I haven't, or we haven't taken this approach like fast or on deck, or I'm trying to think who else does it, but, but these companies where they're like, okay, there's 15 of us and we're all going to.Become Twitter famous, you know, or start our thing and we'll all drive back. Is it a strategy that you think works well?[00:32:17] Nick:The, the best example of this actually think is, I think on-deck did it, did it really has done it really well on Twitter Um I think gong is actually probably my favorite example. Um especially from a B2B what they do is like is all of their salespeople are out there, like posting content on LinkedIn, but it's not like how great gong is.Almost has nothing to do with gum. It's like you know, an a I'm I'm I'm grinding today. Can't wait to get off for the weekend. It's like, it's like, it, it, it sort of, embodying kind of this, this, like this, the sales lifestyle. Right. And, and, and the, the engagement they get is, is crazy.Right. And like, and that, the thing is, if, so, so there's sort of like, there's kind of like, you can build lifestyle influencers among your employees Right But you can also. Like this idea of building up someone who is, who is a, I know this is kind of a gross word, but thought leader in the, in the, space you're, you're excited about.People kind of come to them, they build affinity with them. And I think you, you can build individuals as marketing channels where like starts out where like someone's reading your posts on LinkedIn. maybe that person hosts a, a kind of invite only webinar for, for the people who engage most of them on LinkedIn.So, so then you're building sort of deeper affinity towards that person. And, and as, as you go down the sales funnel um like marketing and sales, you actually transfer that affinity over to the company as, as like they get into the sale process. from kind of a B2B side, but like, I think you can do it also from a B to C.[00:33:49] Nathan:Do you think that a company like gone. Hired people are good at that and encouraged it, or do you think they like had the people that they hired and said like, okay everyone, this is now what we're doing. a playbook, here's best practices. Here's a slack channel where you can talk about what's working.What's not, but like we're this now. Get on board.[00:34:11] Nick:This is, would be a hundred percent pure speculation. What is, is someone at gong started doing this one of their salespeople and started crushing it. And they're, you know, director of marketing was smart enough to. Hey could be doing a lot like, and B, because it's their salespeople who do it, right.A natural incentive to do it. And so, you know, I would imagine they probably brought on a copywriter and said, Hey, if you need help, you know, crafting these posts, like you can do that It's just, it's such a, it's such a virtuous right? It's like, it's like, because of the affinity you build with these individuals it translates to the company.And like it just sends it a bat signal out to other people who are like that, who want to build audiences, that like the company will help you do that. And they will be supportive. And like, and again, if we imagine that like, they're like audience is this long-term career mode, it's just like, it's such a great gift.You can give to your employees for them to leave with like you know, like you leave ConvertKit and you have, you know, a hundred thousand subscribers or 10,000 it's like, or whatever. Right. It's, it's, it's as much of a gift as like the salary you're giving them. It's just, we don't think of it that way.Cause it's, it's a weird thing to think about getting. From your company[00:35:27] Nathan:Yeah. I mean, that's how we've handled it in that we're very in favor of side projects. We want everyone who wants to, like, we're not gonna force it on. But to have a way to be a, a creator on the, on the side and to have some actual reason to use ConvertKit as a customer. Because it's so different when you're the product and like clicking through the happy path to test something and you're like, Hey guys, it works.Then some customers like this is really frustrating. and so that, like, it's a very different, different, I think that it's just interesting. You're absolutely right about people with that. Like, Matt Reglan, who's been on this show before he was at ConvertKit for years. joined when we were like 20,000 a month in revenues like that. when he eventually moved on to his nets, next thing, you know, he built an, a YouTube audience to like 10,000 subscribers at that point. And that was a whole thing that he'd done a lot with skills he learned at ConvertKit a lot with, you know, our creative director, Charlie, like promoting him and just, all right. But like, it still happens even we've got 70 people on the team and we're talking like six are active in this way. I just wonder how much to encourage it versus how much to just say like, Hey, this is an option if you want it, but like you don't push it any more than that[00:36:51] Nick:I mean, I think one of the interesting things, when you think about like the creator economy is like, I think the creator economy can support a lot of people, but the the challenge is like when you're deciding, should I follow this person? there aren't very good moats in the creator economy. And so and so one of the.Few moats you can have is like companies that you've worked for giving you this brand halo. Right And so, and, and, brand from your company sort of, it says this person might be a little more worth following because someone chose them now, does that true You know, don't think so, but like, it at least sends this signal.And so I think, one, like your brand can do that for, for, for your employees, but also like I think there's a. I think just showing that the company will pour fuel on whatever fire you're starting, I think is like, it's, it's one of the best like employee value props. I think a company can have, It's like, it's like, look the life you want to have. Like, we, want to get you there. like, and like, and I think the kind of people who would come work for ConvertKit it should be that they want to do something in the creator space, because you're serving creators that makes a ton That makes a ton of of sense[00:38:10] Nathan:Yeah. And we've definitely had people that we've hired, who are already creators, and that's grown. So it, an interesting world in all the things that you could do to grow. Like a company or growing audience. I'm not sure that that's the one would pick, but you, you see Morning Brew and, and gong in so many of others doing it and it seems to work, know? So[00:38:33] Nick:Yeah Like, I think it works for like, like select companies in select Right. And like, and there's, and there's probably a channel that works under and like the. way you do it for, you know, for Guild where, like we, you know, we really target, um you know, companies with huge employee populations at the very level Like like we wouldn't do that on, on Twitter. Right. Just doesn't make any sense, but like, would we do it on LinkedIn where like, where, you know, C-suite spends an increasing amount of time and we can directly with those individuals and maybe influence that the five to 10 people that, that matter at those companies with like, you know, one post a week.Totally. so, so it just, it kind of depends on like, um I think companies can, can kind of do it at different levels.[00:39:21] Nathan:So that's interesting of the LinkedIn approach, which I think a lot of creators are either all in, on LinkedIn and loving You know, people have built massive lists over there, or they're like, what's that like, I'll hang out in the Instagram, YouTube, Twitters of the world, you know? but if you imagine that B2B world where let's say I'm, I'm working in sales, either as an executive, trying to get big deals done, or, you know, or as a team member, I have a meeting, we have a great conversation.We connect on LinkedIn, you know, we're now an official connection. And now, even though you're not going to buy my thing now, you're like seeing my content every. Week or every few weeks. And then it's like, oh yeah, you're going to buy that thing from Nathan, you know, whatever B2B tool, like starts to come up.And then when I reach out again and you're like, it's not like, oh yeah, it's that one sales rep that I wasted 20 minutes off on with, you know, six months ago. It's like, oh yeah. I feel like we're friends there. I've learned so much, even though it's just been one to many communication.[00:40:25] Nick:I mean, I think the really powerful thing it's like obviously a sales rep is incentivized to promote the product at company they work for So it's like it's product whether it's in a sales call or on LinkedIn like it will not it will not move the needle for any customer.Because it's sort of priced in that That's what they're expecting. But showing that you are an intellectually interesting person who has deep thoughts about the world, who is, who's a smart person. And then the customer making the connection, man, this smart person out of all the places where they could go work has chosen to work here.[00:41:04] Nathan:Right[00:41:05] Nick:Of something, right. There must be something kind of interesting and special there. And so they built of this affinity and comfort and excitement about you and like, and, and then getting on a sales call with you, you're at this just like this nice advantage, right? You're, you're, you're now slightly a celebrity to them.Right Like and, and there's something, you know, like when your, your email or even your company's email then pops up in their inbox, like it's just that much more likely to open that much more interesting. And sometimes it's, it's those, it's those little things on the margin that can make all the difference.And so I think, especially when you're talking like a, like really big enterprise sales, I actually think it's still, a kind of, underrated strategy.[00:41:48] Nathan:Yeah, sense. talk about a, more from the creator side. Cause that was, know, we went more on the platform company side of the which, you know, someone running a company, I am intrigued in that direction, but I'm curious on the, on the creative side, how do you think about that audience as being for your career and that thing that goes with you as you between roles and giving you a future opportunities and all.[00:42:14] Nick:I think it comes to like writing a newsletter.There's basically three reasons. You'd write a personal newsletter and earliest the way I think about it. Like it's either passion, like, you know, I love cooking and like, this is a way I can express that side of me It's it's profit. I want to actually just make some side income or make this into my full income Or it's General advancement.And maybe the relationship building kind of tithing relationship building probably ties into that. but, but in general, like the, I sort of see one things being being like the reason, like for me, at least for a long time, it's probably been advancement. but, certainly the other two are mixed.Like I'm, you know I'm curious about, you know, turning on the profit spigot out of it And like, it certainly like I wouldn't keep doing it if it didn't hit the passion bucket. and so, and so I think that, that, you have to sort of figure out which of those you're doing. I think, I think like if, if what you want to do, I think most people actually are doing it because they do want new opportunities and relationships.I think actually advancement to me is it's actually, the best reason to do it. Um uh over the other two. And, in that world, like, you kind of want to imagine like, okay, Who is, what kind of job do I want, who is the person that I want to be at some point down the road? Who's the gatekeeper that stands in the way of that.Whether it's like, maybe it's I want to publish a book at some point, right. a publisher stands in the way of that. and so what, what gets this publisher excited? Well, either, maybe I'm writing a newsletter for book publishers and this is the industry standard, but like more likely it's like, it's like, Hey, I built this audience that is then really exciting to a publisher.So-so I or, you know, it's, I want to become a senior engineering manager. and so what's going to be exciting to the VP of engineering who is going to interview me. You know, it, it could be that I have an audience full of engineers, who who like are easy to hire, maybe it's that I just like think in a really deep level about this really complicated problem that is really important to them, but it's, it's sort of like, I think having that, kind of magic gatekeeper mind as as not the person you're necessarily writing for all the time, but the, thing you're trying to build up to, that can be a good north star in that direction.If you're doing this, advancement thing, I still don't think you should pick something that doesn't light you up because it's really, you know, it's really hard to keep doing this, week after week when you're grinding it out for some future version of yourself that you know, may may change.I, I think that, that that tends to be a pretty good path.[00:45:10] Nathan:Yeah, that makes a lot of sense to me and like networking connection and advancement side of things, I think is one of the best reasons to do. A lot of that. I remember like the first conference that I went to after having a blog and it being such a night and day difference. I wasn't even a speaker at this conference, any of that, but people were like wanting to come up and talk to me because of the articles that I've written you.Whereas like months earlier, you know, pre blog, you go to a conference and I was shy and introverted. Like I didn't talk to anybody. And so I was like, wow, because I published words on the internet. People will now do all the work. Like interesting people will come meet me instead of me having to like put out all the work.This is the best leverage ever on the same way, like podcasts and everything else Write being able to, everyone says the Podcast in there for the audience. It is right. You know, thousands of people will listen to this episode. I am more doing it because I get to meet people like you and Kimberly, who we just had on last week.And right. It's just about meeting people. that's so[00:46:09] Nick:It's like it's like you know, like I think with Podcast, it's crazy because you like appear in somebody's ears. Right. You're like, literally like you're right next to their head, you know And like and it's it's, just like, it's this, it's this wild, like intimate relationship, usually, like I'm listening, you know, on, on two X.So everyone sounds smarter than you than they would were listening to them on one X like it's, it's, it's I think publishing and creating content, especially in a world where like we just live more online where like more of our interactions are, are remote. I think it's, it's a, it's a pretty, it's still sort of an underrated hack, especially in, in your career, right?Like you can, you can do. You know, you, you become inter like instantly, someone who someone wants to take a meeting with and like it's those little, like, sort of marginal decisions, right To like chart the course of your career, right? Like, like, did, did this person meet with you or not? Were they predisposed to like you, before you came in and like, you don't actually know which article is going to hit to make them feel that way, or which Podcast is going to, you know, which Podcast you're going to meet, the person who, you know, might be an ex customer or investor or something like that.But like, there's just such a powerful, you know, with that[00:47:26] Nathan:I think one of my favorite examples a people using an interview show or, you know, interviews in general to break into an industry Harry Stebbings, who does 20 minute VC, because I don't know how old he was when he started it, but like 17, maybe I'm not[00:47:42] Nick:Totally[00:47:43] Nathan:nd he's like, I want to break into the world of venture capital and, you know, interviewing all the biggest names at first people were saying yes to him, probably because of his hustle, because he was young.They're just like, sure. I'll take a chance on this kid on, your 20 minute.And[00:47:59] Nick:Now love I love people who have like, a, a 10 step plan for their career. Maybe you just, you just wanted to create a podcast. It was sort of like,[00:48:11] Nathan:Right[00:48:12] Nick:Doing this for fun, but like, not a ton of people have, have a plan. Right. like, like most people are just sort of doing stuff, but like, if you like sit down and just kind of think about it for like, like 20 minutes and you're like, who might, I want to be like, who does that person like, like what would make me credible in that person's eyes?Like, like how could I, you know, do that thing now. So that in two or three years, like, like Harry's, I've been such a good example. Like, I, I think there, there are so many people who, who like, if they, they sat and gave that like 10 minutes and turn Twitter off, like you can just, like, you can do a lot of, you know, good, good strategy there.[00:48:52] Nathan:Well, I think can do it as a method to break into any business. So if we were like, know if you and I were 18 years old and we're like, wouldn't be in the music business or even right. You wanted to go into screenwriting. you with what you know now, and you and I were brainstorming how to get 18 year old you into like screenwriting, we would probably suggest starting a podcast and you interview all the screenings. In some format and it wouldn't result in work, but then you'd imagine we have this network and this work would come from the network and you're like, no direct connection, but then there's a ton of indirect connections that wouldn't have happened without it.[00:49:31] Nick:You know, it's kind of a similar thing. We talked we've dragged them at Twitter at the beginning. Right. Twitter does this service for people that gives them like a feeling of prestige. Right. And like, and, and what you're basically doing is like, it's like, you're giving an audience to people who don't have time to build one for themselves.And like, you know, most of the people who are listening to this podcast are people who are building audiences in, in some way shape or form, but like most people don't do that. Right And and so, and so you can find all sorts of people who are who are just like all the time, who like, would love to sort of rent someone else's audience to build themselves up.And so like, and so you can be then 18 and it's a total hack to be able to sort of bring on this screenwriter, this music industry, executive, this, you know, a VC. Right. And it's just, it's[00:50:23] Nathan:Right It made me realize another person on the ConvertKit team who does this really well is ISA Adney. Who's our storyteller. she used to teach all of our webinars and workshops and, and, is branched into working on like brand development sides as he writes a lot of and else, but her personal audience, let me take a step back.If you talk to her, she's like, know this person, or whoever at Disney or that kind of thing who worked on, you know, and just like the amount of people that she knows in the world of storytelling and film and everything else, you're like, how do you know all these people? like, oh, I interviewed them for my newsletter, you know?And you're just like, wait, what? And it's like, I was going to say cartoonists, but like illustrators from, from will like draw her a birthday card. can tell us just for her, you know? And you're like, how, and, and it just comes from this exact thing of like, oh, I just interviewed them on my newsletter, which is a fantastic newsletter, but it's not like they came on it because she's wildly famous.It's that[00:51:26] Nick:It's incredible. And I like there, there's a couple other people I've seen who have like, who, who sort of, they have their, their, their full-time job, but like, on the side, right? Like, Liz Bostonian, someone I've known for awhile and interviewed, and she, she wrote a book called no hard feelings about emotions at work.She's about to publish her second one and like the way she's just like, she's known by, by all of these people at all these different companies that like her company would be the perfect company to sell in, to sell into. you know, it's just, it's just there. There's. There's so many good things that can come a bit.I think one thing I'd advise to like, w going back to like this, how do you balance a, like a, like a newsletter and a full-time career is like don't work for any company that doesn't value it because because like you know, clearly there are places like Guild, like ConvertKit like there there's so many different companies where like you can go where like, they will appreciate what you're doing.And if you can, if you can, like, ideally, like, let's say you love to write about cooking, right. If you can find a company where like, that is like, like, especially like building an audience around cooking, like it's, you know, a dishware company or whatever it is, like finding that right place for not just you, but your publication, a really underrated thing, because it just makes everything so much smoother to find that right.Manager find that. Right. you know,[00:52:52] Nathan:Yeah. That makes sense. If it's an uphill battle, like find another, another place where that's actually a asset.[00:52:59] Nick:Someone will like it.[00:53:00] Nathan:Yeah, exactly. So maybe before we wrap up, let's talk about the growth side. Cause everyone's thinking about, okay, I have my newsletter and it has 100 subscribers or 500. How do I grow it to that next tier So I'm curious, what are some of the things that have worked for you on, adding 100 or 500 or a thousand subscribers at a time?[00:53:19] Nick:Twitter Twitter. You, you, you can use Twitter.[00:53:22] Nathan:Yeah[00:53:22] Nick:It's It's frought in many ways you can also use LinkedIn. I actually think LinkedIn is, an underrated place to do it. Like it's to me, it's not as stressful to write a LinkedIn post as it is to write. A tweet, it's a little stressful, cause it's like, it's like, definitely definitely to your company And it's a place where you're in professional domain, but especially if your newsletter is somewhat professional, then I think, I think LinkedIn can be a really good place for it. and a little bit less of a pressure-filled way to do it. I probably one of the underrated things now is like, you know, I look at how many discord servers I'm suddenly in, like in in you know, months and like, I think those are probably good places to like promote.I don't think it's, I don't think you can in communities, it's harder to just be promotional. You need to sort of have earned it by, by building relationships. And so, but I think like, you know, I'm, I'm in a writing group called foster, right? Where, where like where, you know that they help with editing and like, and like everyone's sort of publishes their stuff in there, but like that's a great place to like, to, to sort of build a following, especially sort of early on.Obviously you can do things like hit Reddit, hit hacker news, you know, Reddit, I think I've been banned from like, you know, 20 different subreddits for, you know a just posting a blog post, which seemed to me. But, um and then hacker news, right? You, you, you never know. And, and, you know, getting to the top means you're going to get barraged with terrible comments, but, I think ultimately though you kind of want something you can build, right.And this is, this is the, this is the challenge with Twitter, right? It's like, it's like, there is a weirdness about Twitter, but. Building an audience on Twitter Like it's a great top of funnel for a newsletter, and same way with LinkedIn. And so it's hard to totally steer away from those things. I think one thing I'd to try and toy with once I figure out the monetization piece, of my newsletter is I'd like to try paid ads.And there's this weird discomfort with it with it. if what you value is value is, having an audience and people to write to and you want to grow that audience, I actually think it doesn't need to be that literally every person you painstakingly gathered with your blood, sweat, and tears, right.It's it's I think there's, there's other stuff that you can try, but you obviously don't want to be throwing a lot of money down the drain on, building an audience[00:55:53] Nathan:YeahI've, I've done paid ads with good results of four. I have a local newsletter called from Boise, is just for the Boise area. And in the last month we actually went to a thousand subscribers and we doubled to a little over 2000 subscribers, almost entirely with ads. So like no ads to a thousand and, ads worked well, you know, and it helps to have the hyper-local targeting.So I was in the same boat of like, hadn't played with it before. And, you know, at, I think we paid between $2 and two 50 a subscriber,[00:56:25] Nick:Facebook.[00:56:26] Nathan:Yeah, Facebook and Instagram. So we'll play with it more. What are you thinking maybe we'll end on this question. What do you thinking for on the newsletter?What are you paid? Is it a A A book? What other things are coming up?[00:56:39] Nick:It took me a while to find something I was comfortable with on modernization paid, never, appealed that much to me. just because there, there are some people who I like I will pay for their ideas, but like, overwhelmed with Content. that like, usually when I'm paying for, for, for, for a newsletter, it's because I really liked the person, like their, their, just their style of analysis.I can't get anywhere else. but, but, but the competitive dynamics of newsletter sort of, to me, like they'll, they'll kind of always be someone who something close to what you do for free. And so, and so that, that always kinda, didn't appeal to me as much. Like I think of it as like, This audience, that you're kind of building affinity with over time and like, and can you, ideally sort of find, build something or find something that's going to be really valuable to them.So I actually, literally just this morning, teamed up with this, this company called palette, to, I swear, this, this, this time it was not planned. It just, it just happened nicely, to a team at this company called pallet in pallets, been sort job boards with a bunch of and I actually worked with them on this, this kind of beta product that they're working on, which is this idea of talent collectives. And so what we're doing is like, it's like basically job searching really sucks. Like you're filling out tons of applications. You are, waiting for a long time to hear back from companies.If you are highly desirable, you're getting a lot of recruiter spam and they're just like barraging you. so we're going to do, is, is put basically just an air table form where you can say, Hey, like, this is who I am. This is the kind of role I'm looking for. pallet has this, this, all these companies that they are so, so they're going to basically, send people and you can be anonymous if you want to all sorts of stuff, but they're to their partner companies and then and then they'll send you sort of the intro request, like, Hey, you know, do you want to, do you want to chat with ConvertKit right.And, and, and if you do right, we'll, we'll make the intro, but like, you don't have to worry about our recruiter reaching out to you because they've, they've said they won't do that. so yeah, I think it's cool. you know, if, if, if any of the folks listening to this are like, exploring new job opportunity.We'd love you to come check it out. I think it'll be really neat. I think it'll solve a challenge that a lot of people are facing. For me it felt really native. It felt like I didn't want to do a job board because I don't know these companies. I'm doing a newsletter about careers, and it felt really important that I'm sending people to the right place.I said, “Hey, if you sign up for this, and you take one call from a company, I'll do a 30 minute career coaching session with you.” Even though, I'll get paid some commission, if the person goes to one of these companies, I will really try to give them the best advice for them, because that's what I promised to readers.When you're thinking about monetization, it's like find something that feels native, and not weird to your audience. I think sometimes that can be a pure paid subscription, but you can be creative in different stuff.[00:59:51] Nathan:Yeah, I think that's good. Let's leave it there. I'm super excited to see what comes on the monetization side. It's probably the coolest thing about newsletters and audiences that you can monetize different ways.So, where should people go to follow you and follow your writing, and see more about what you're up to?[01:00:07] Nick:You can follow where I have a conflicted relationship, where there are days I will post a tweet, tweet threads, and the next day I'll feel very ashamed of it, but that's @Nick_deWilde. Then the better place to get my thoughts, I would say, is JungleGym.Substack.com.At some point I should probably switch that to ConvertKit, but yeah, that's another time. We'd love that, and thank you so much for having me. This has been so fun.[01:00:42] Nathan:Yeah, It's been a great conversation and, thanks for coming on, and we'll talk soon.[01:00:47] Nick:Awesome, Nathan.

Kinsella On Liberty
KOL359 | State Constitutions vs. the Libertarian Private Law Code (PFS 2021)

Kinsella On Liberty

Play Episode Listen Later Oct 11, 2021


Kinsella on Liberty Podcast, Episode 359. From the recently-concluded Fifteenth Annual (2021) Meeting of the PFS, Bodrum, Turkey (Sept. 16–21, 2021). For others, see the links in the Program, or the PFS YouTube channel, including the growing PFS 2021 YouTube Playlist. Additional media of the proceedings will be released presently. Also re-podcast at PFP231 | Stephan Kinsella, State Constitutions vs. the Libertarian Private Law Code (PFS 2021). https://youtu.be/hPPC9OfzHgI For a similar talk, see KOL345 | Kinsella's Libertarian “Constitution” or: State Constitutions vs. the Libertarian Private Law Code (PorcFest 2021). The followup panel discussion later that day is here: My notes are below: State Constitutions vs. The Libertarian Private Law Code Notes Stephan Kinsella Property and Freedom Society Annual Meeting Sep. 19, 2021 – Bodrum, Turkey   Joke: I've prepared a libertarian constitution, and I hope to cover as much of its 18 parts and 45 pages as possible in the next half hour. Part I, Section A, Subsection 1: “Definitions.” Just kidding. I'm not going to read it. I haven't even finished it yet. My wife said “is this what you geeks think is funny?” I said we'll see. Half of them may be relieved, but some of them will be saying “Oh damn, I wanted to hear a Libertarian Constitution read to me.” Tell Hoppe Porcfest choking joke. I'm going to talk about the idea of constitutions and libertarianism—whether the idea makes sense at all. Since I've been a libertarian in the early 1980s, I've seen various utopian libertarian projects, many of them scams, most of them failures— cruise ship nations, now seasteading (Blueseed); Oceania—The Atlantis Project Same people: Project Lifeboat: “From the people who brought you the Oceania project so many years ago comes the Lifeboat project. An attempt to create a spaceship for the purposes of saving the human race from the singularity predicted by Vernor Vinge.” crazy guys homesteading abandoned oil rigs and declaring sovereignty; private justice, arbitration, and common law groups; The “Creative Common Law” project (Jamin Hubner), an anarcho-capitalist project in which I was enlisted as an advisor, only for it to later turn from “Creative Common Law 1.0: Anarcho-Capitalism” to “Creative Common Law 2.0: Anarcho-Socialism/Syndicalism” Always be wary of “Waystation libertarians” Tom Bell's “Ulex,” or “Open Source Legal Operating System”; LiberLand, which I helped draft an early constitution for see “The Voluntaryist Constitution” Galt's Gulch Chile, a scam that ended in disaster; the Honduras special economic zones; General Governance (David Johnston), the idea of leveraging Indian tribes' special status to extend their federal tax-free enclaves or zones; even the Free State Project National Constitution Center's “The Libertarian Constitution” Roderick Long's “Imagineering Freedom: A Constitution of Liberty Part I: Between Anarchy and Limited Government” and Michael Darby's “Draft Constitution for a Reviving or New Nation,” both at http://freenation.org/a/ Dennis Pratt https://www.quora.com/What-would-a-libertarian-bill-of-rights-look-like/answer/Dennis-Pratt-3 Siegen, Bernard H. (1994) Drafting a Constitution for a Nation or Republic Emerging into Freedom. 2d ed.  Fairfax, Virginia: George Mason University Press. I've been dragooned into helping some of these as consultant or advisor— General Governance, we met with Indian tribe north of Texas; now you get a 404, as David Johnston moved on to bitcoin, after assuring me that within 6 months we'll have a libertarian nation. Joel Bomgar, a libertarian-leaning conservative Christian businessman and Mississippi legislator. LiberLand (swam with Wit Jedlicka, the president, in Turkey) Mediterranean sea. Others I've forgotten. Often these projects involve the drafting of a new “Constitution” or some simi...

Kinsella On Liberty
KOL359 | State Constitutions vs. the Libertarian Private Law Code (PFS 2021)

Kinsella On Liberty

Play Episode Listen Later Oct 11, 2021


Kinsella on Liberty Podcast, Episode 359. From the recently-concluded Fifteenth Annual (2021) Meeting of the PFS, Bodrum, Turkey (Sept. 16–21, 2021). For others, see the links in the Program, or the PFS YouTube channel, including the growing PFS 2021 YouTube Playlist. Additional media of the proceedings will be released presently. https://youtu.be/hPPC9OfzHgI For a similar talk, see KOL345 | Kinsella's Libertarian “Constitution” or: State Constitutions vs. the Libertarian Private Law Code (PorcFest 2021). My notes are below: State Constitutions vs. The Libertarian Private Law Code Notes Stephan Kinsella Property and Freedom Society Annual Meeting Sep. 19, 2021 – Bodrum, Turkey   Joke: I've prepared a libertarian constitution, and I hope to cover as much of its 18 parts and 45 pages as possible in the next half hour. Part I, Section A, Subsection 1: “Definitions.” Just kidding. I'm not going to read it. I haven't even finished it yet. My wife said “is this what you geeks think is funny?” I said we'll see. Half of them may be relieved, but some of them will be saying “Oh damn, I wanted to hear a Libertarian Constitution read to me.” Tell Hoppe Porcfest choking joke. I'm going to talk about the idea of constitutions and libertarianism—whether the idea makes sense at all. Since I've been a libertarian in the early 1980s, I've seen various utopian libertarian projects, many of them scams, most of them failures— cruise ship nations, now seasteading (Blueseed); Oceania—The Atlantis Project Same people: Project Lifeboat: “From the people who brought you the Oceania project so many years ago comes the Lifeboat project. An attempt to create a spaceship for the purposes of saving the human race from the singularity predicted by Vernor Vinge.” crazy guys homesteading abandoned oil rigs and declaring sovereignty; private justice, arbitration, and common law groups; The “Creative Common Law” project (Jamin Hubner), an anarcho-capitalist project in which I was enlisted as an advisor, only for it to later turn from “Creative Common Law 1.0: Anarcho-Capitalism” to “Creative Common Law 2.0: Anarcho-Socialism/Syndicalism” Always be wary of “Waystation libertarians” Tom Bell's “Ulex,” or “Open Source Legal Operating System”; LiberLand, which I helped draft an early constitution for see “The Voluntaryist Constitution” Galt's Gulch Chile, a scam that ended in disaster; the Honduras special economic zones; General Governance (David Johnston), the idea of leveraging Indian tribes' special status to extend their federal tax-free enclaves or zones; even the Free State Project National Constitution Center's “The Libertarian Constitution” Roderick Long's “Imagineering Freedom: A Constitution of Liberty Part I: Between Anarchy and Limited Government” and Michael Darby's “Draft Constitution for a Reviving or New Nation,” both at http://freenation.org/a/ Dennis Pratt https://www.quora.com/What-would-a-libertarian-bill-of-rights-look-like/answer/Dennis-Pratt-3 Siegen, Bernard H. (1994) Drafting a Constitution for a Nation or Republic Emerging into Freedom. 2d ed.  Fairfax, Virginia: George Mason University Press. I've been dragooned into helping some of these as consultant or advisor— General Governance, we met with Indian tribe north of Texas; now you get a 404, as David Johnston moved on to bitcoin, after assuring me that within 6 months we'll have a libertarian nation. Joel Bomgar, a libertarian-leaning conservative Christian businessman and Mississippi legislator. LiberLand (swam with Wit Jedlicka, the president, in Turkey) Mediterranean sea. Others I've forgotten. Often these projects involve the drafting of a new “Constitution” or some similar code or legal document. Why do we even use the word “Constitution”? The modern libertarian movement originated in the US in the 1950s with the work of Ayn Rand,

Ciporoke
Removal attempt

Ciporoke

Play Episode Listen Later Sep 26, 2021 35:49


A Timeline of events leading to the Special General Council. An overview of the GC. My take on the removal. Art IV Sec 3 Subsection a

Shulchan Aruch Harav Laws for Passover and more - Rabbi Chaim Wolosow
Chapter 646 – Laws for the Hadas – 21 subsection.

Shulchan Aruch Harav Laws for Passover and more - Rabbi Chaim Wolosow

Play Episode Listen Later Sep 14, 2021 19:58


תרמו דיני הדס ובו י"ד סעיפים https://www.torahrecordings.com/shulchan-aruch-harav/004_vol-4/005/646 chaimwolosow@gmail.com

Shulchan Aruch Harav Laws for Passover and more - Rabbi Chaim Wolosow
Chapter 647 – Laws for the Arava – 6 subsection.

Shulchan Aruch Harav Laws for Passover and more - Rabbi Chaim Wolosow

Play Episode Listen Later Sep 14, 2021 5:58


תרמז דיני ערבה ובו ו' סעיפים https://www.torahrecordings.com/shulchan-aruch-harav/004_vol-4/005/647 chaimwolosow@gmail.com

Shulchan Aruch Harav Laws for Passover and more - Rabbi Chaim Wolosow
Chapter 645 – Laws for the Lulav – 21 subsection.

Shulchan Aruch Harav Laws for Passover and more - Rabbi Chaim Wolosow

Play Episode Listen Later Sep 14, 2021 22:29


תרמה דיני לולב ובו כ"א סעיפים https://www.torahrecordings.com/shulchan-aruch-harav/004_vol-4/005/645 chaimwolosow@gmail.com

Shulchan Aruch Harav Laws for Passover and more - Rabbi Chaim Wolosow
Chapter 644 – Order of Hallel during all days of the holiday – 1 subsection.

Shulchan Aruch Harav Laws for Passover and more - Rabbi Chaim Wolosow

Play Episode Listen Later Sep 14, 2021 1:59


תרמד סדר הלל כל ימי החג ובו סעיף אחד https://www.torahrecordings.com/shulchan-aruch-harav/004_vol-4/004/644 chaimwolosow@gmail.com

Shulchan Aruch Harav Laws for Passover and more - Rabbi Chaim Wolosow
Chapter 625 – Laws of Sukkah 1 subsection

Shulchan Aruch Harav Laws for Passover and more - Rabbi Chaim Wolosow

Play Episode Listen Later Sep 13, 2021 2:30


תרכה https://www.torahrecordings.com/shulchan-aruch-harav/004_vol-4/004/625 chaimwolosow@gmail.com

Laws for Yom Kippur - Shulchan Aruch Harav
Chapter 609 – Keeping food warm on Yom Kippur eve – 1 subsection

Laws for Yom Kippur - Shulchan Aruch Harav

Play Episode Listen Later Sep 12, 2021 1:43


תרט הטמנת חמין בערב יום כיפור ובו סעיף אחד https://www.torahrecordings.com/shulchan-aruch-harav/004_vol-4/003/609 chaimwolosow@gmail.com

The Backstory
Section 52 subsection 2

The Backstory

Play Episode Listen Later Aug 3, 2021 22:17


Right before taking their summer recess, the Nigerian Assembly decided to debate amendments to the Electoral Act. The act has 158 clauses and they considered each clause one by one. Everything was going well until they got to section 52 subsection 2. Then all hell broke loose. What's all the fuss about section 52 subsection 2? Find out this week on The Backstory podcast. This episode was produced by Anthonieta Kalunta, John Iwodi, Nabilah Usman, Dominic Tabakaji and Sam Tabakaji. Executive producer Rahmat Muhammad. Special thanks to Rabia Hadejia and Mala Iwa Gbado Ikaleku. Copyright (c) 2021 Triple-E Media Productions. All rights reserved. ——————————————— NCC's National Broadband Plan 2020 - 2025 https://www.ncc.gov.ng/documents/880-nigerian-national-broadband-plan-2020-2025/file —————————————————————————————— ▶︎Follow us @234.audio on Instagram, @234audio on Facebook, and @234audio on Twitter ▶︎Subscribe to our 234Audio YouTube channel ——————————————— If you are interested in sponsoring or licensing this program, reach out to us via WhatsApp at +234 818 230 1234 or send us e-mail at info@234audio.com --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app Support this podcast: https://anchor.fm/thebackstoryng/support

Talking with the Toothcop
Diving Deeper into the COVID-19 Rule Expiration

Talking with the Toothcop

Play Episode Listen Later Jul 6, 2021 12:02


In our last episode, we talked about how the Texas State Board allowed their COVID-19 rules to expire. We think it's a good thing! But a lot of dentists are not happy about it. So in this episode of Talking with the Toothcop, Andrea and I dive a little deeper into the topic. We'll share why we think it's a good thing and what dentists can do moving forward.  Outline of This Episode [2:51] The feedback on the COVID-19 rule expiration [5:22] You can continue what you were doing [8:10] Dentists are encouraged to follow CDC guidelines [11:00] Let us know if you have any episode requests! The feedback on the COVID-19 rule expiration I'm not entirely surprised dentists aren't happy with the expiration of the rule. Many dentists want to know what they have to do—they like structure. I thought it was a beautiful thing that the state board was allowing dentists to take the reins again.  But a large cross-section of dentists like the comfort of being told what to do. I don't entirely understand. I get that you want to focus your energy elsewhere. But I like to be recognized for my ability to think, reason, and make my own decisions. Not everyone feels the same way as I do.  Oddly enough, there were a lot of gray areas when regulations were first announced last year. Dentists wanted clarity. Now they've taken clarity away again and it can be overwhelming. So what can you do? Continue what you were doing We want to be clear. Just because the Texas state board allowed their COVID-19 rules to expire does not mean you have to stop following them. If you—and your patients—were comfortable with the level of safety it afforded you, then by all means stick with it. Work within your comfort level.  However, I believe you need to get comfortable stepping outside of your comfort zone. It's how you grow. You learn to trust your instincts and your ability to trust your own decisions. As a dentist, you've earned respect and you're recognized as someone qualified to make tough decisions beyond the average person (when it comes to oral health). But everything that pertains to your patient's health is your responsibility. Don't be afraid to do your own research and make your own decisions. Dentists are encouraged to follow CDC guidelines The state board encouraged dentists to follow CDC guidelines but did not instruct them to. It sounds like this governing body understands it's stressful, so if you want guidance, you can continue to follow the CDC recommendations. But they are giving you room to make your own interpretations. By the tone of the ruling, there is flexibility and forgiveness if you get something wrong.  Any recommendations for requests for our next topic? Let me know at toothcop(at)dentalcompliance.com! Resources & People Mentioned Learn more about protectIt dental at https://dentalcompliance.com/drugkit or call them at 888-878-8916 and tell them that the Toothcop sent you! The expiration of the COVID-19 Rule Texas Dental Board Rule 108.7 Subsection 16 CDC Guidance for Dental Settings Connect With Duane https://www.dentalcompliance.com/ toothcop(at)dentalcompliance.com On Facebook On Twitter On LinkedIn On Youtube

Talking with the Toothcop
The Expiration of the COVID-19 Rule: How Does it Impact Dentists?

Talking with the Toothcop

Play Episode Listen Later Jun 29, 2021 18:15


The Texas dental board let the COVID-19 rule expire (rule 108.7 subsection 16). How does that impact dentists moving forward? What rules do some providers still need to follow? What procedures are still recommended by the CDC? We cover it all in this episode of Talking with the Toothcop!  Outline of This Episode [3:20] The impact of the expiration of the COVID-19 rule [4:41] The OSHA Emergency Temporary Standard [9:25] 1910.504: The Mini Respiratory Protection Program [16:35] Subscribe to the podcast and sign up for our newsletter! The impact of the expiration of the COVID-19 rule How does this impact you? Maybe very little. There is no longer a Texas State Board rule that says you have to follow these specific rules. You don't have to wear N95 masks. You don't have to do twice daily temperature checks. You don't have to screen patients and check their temperature. But many of you have gotten used to the process and feel like it's best to continue. You absolutely can! You get to decide how to care for and keep your patients and staff safe—whatever that looks like for your practice.  The OSHA Emergency Temporary Standard There is an OSHA standard—the “Emergency Temporary Standard”—that was released a few weeks ago and was effective immediately upon release. That means it is an enforceable federal law. Who is impacted by this law? Those who work with people who are suspected of having or confirmed to have/had had COVID-19. This can include employees at: Hospitals Nursing homes Assisted living facilities Emergency responders Home healthcare workers Employees in ambulatory care facilities It does not apply to non-hospital care centers where non-employees are screened before entry and those with COVID-19 are not allowed to enter. So if you screen everyone that walks in the door, this rule doesn't apply to you.  If it does apply, you must have a written safety plan, patient screening management, transmission-based precautions, PPE, physical distancing, and more. What qualifies as screening? Listen to find out! OSHA Standard 1910.504: The Mini Respiratory Protection Program When respirator use is required, the respiratory protection standard applies. This requires medical evaluations, fit testing, a written safety program, user seal checks, and training. What does the “mini” version require? User seal checks and proper training. 90% of dental offices are already here.  CDC COVID-19 guidelines are still recommended The state board still recommends finding the CDC guidelines: Postpone procedures if they aren't medically necessary Implement Teledentistry and Triage Protocols (doesn't apply yet)  Screen and triage everyone entering for signs and symptoms of COVID-19 Monitor and Manage Dental Healthcare Professionals (if you're sick, stay home) Create a process to respond to COVID-19 exposures among DHCP and others Implement universal source control measures Encourage physical distancing Consider COVID-19 testing for patients and staff who don't exhibit symptoms (we recommend you don't do that) Do things to minimize exposure Implement universal use of PPE Familiarize yourself with this stuff! Resources & People Mentioned Learn more about protectIt dental at https://dentalcompliance.com/drugkit or call them at 888-878-8916 and tell them that the Toothcop sent you! The expiration of the COVID-19 Rule Texas Dental Board Rule 108.7 Subsection 16 COVID-19 Healthcare ETS The Mini Respiratory Protection Program CDC Guidance for Dental Settings Save the date for bootcamp: Nov. 19th and 20th Connect With Duane https://www.dentalcompliance.com/ toothcop(at)dentalcompliance.com On Facebook On Twitter On LinkedIn On Youtube

Your Strata Property With Amanda Farmer
266. Committee member tag team & beware outdated agency agreement

Your Strata Property With Amanda Farmer

Play Episode Listen Later Jun 1, 2021 18:41


Reena discovers an experienced strata management company relying on an out-of-date template agency agreement and I remind committees that co-owner 'tag teams' are not on.  Links mentioned: Get the transcript here!  Section 34 - Acting members of strata committee - Strata Schemes Management Act 2015 (NSW) Section 31 - Subsection 4 - Persons who are

That Guy's a Maniac...
That Guys a Maniac Podcast 53: Whataya playin'? Subsection 2.4.6 part 19

That Guy's a Maniac...

Play Episode Listen Later Apr 21, 2021 70:08


Man we have been playing a lot of stuffs!! We talk Pokemon Mystery Dungeon, Bubble Bobble 4, and also a brief foray into the upcoming titles, Pokemon Snap and Shadowman.

Sassafras
Episode 158 - Bonus Tips

Sassafras

Play Episode Listen Later Apr 5, 2021 35:32


Today we finish off chapter 4 with the Subsection bonus tips, going back over with greater detail some visualising techniques that he went over in his 6 guidelines. At the end of chapter 4 we go over a note from the universe, that has a fantastic visualisation that you can use yourself today. Please send submissions or questions to sassafraslk@yahoo.com

Code Name: Agents Of Chaos
SE3 EP5 - The Actual Age Of Consent

Code Name: Agents Of Chaos

Play Episode Listen Later Mar 3, 2021 101:43


Thanks to our inaugural sponsor SECOND SONS TRUCKING  (816-5115)With the latest revelation of the Reynold Robinson case, let's explore what do our laws actually say about the age of consent, and let's push past the initial, and frankly superficial and many times hypocritical, outrage over the reporting of such situations. Questions: What is the actual age of consent in The Bahamas? Adolescents aged 16 and older can legally consent to sexual activity without consent from fiduciary guardianship. What does the term Statutory Rape mean? Statutory rape is the act of having consensual intercourse with someone who you know or should have known is under 18 years of age. How does Bahamian law define rape? Rape is the act of any person not under fourteen years of age having sexual intercourse with another person who is not his spouse — (a) without the consent of that other person; (b) without consent which has been extorted by threats or fear of bodily harm; (c) with consent obtained by personating the spouse of that other person; or (d) with consent obtained by false and fraudulent representations as to the nature and quality of the act Source: The Bahamas Sexual Offenses Act. Pages 3 &4, Section 3, Subsection a,b,c,d Article 11 States: (a) has unlawful sexual intercourse with any person being of or above fourteen years of age and under sixteen years of age, whether with or without the consent of the person with whom he had unlawful sexual intercourse; or (b) attempts to have unlawful sexual intercourse with any person being of or above fourteen years of age and under sixteen years of age, whether with or without the consent of the person with whom he attempted to have unlawful sexual intercourse, is guilty of an offense and liable to imprisonment for life. How do we understand this? Exactly how widespread is the problem of adults, preying on and molesting minors? It's been said that the actions of Mr. Robinson are well known and well documented, so how far does the accountability stretch? A lot of the response to situations like these is, “These young people too fast” is there any validity to these statements? Swift judgment and justice usually come to male predators, but for some odd reason, female predators get a pass. Why? If you notice, the laws are not gender-specific Bahamian Society are the most at fault. On the surface, they claim the moral high ground, when in reality this behavior is not just tolerated, but promoted and encouraged. Usually under the guises of humor, culture, the pursuit of rights, justice, acceptance, or equality. (Responses)RECORDED AT GRAND BAHAMA STUDIOSAdvertise with us at HeadNod Music & S.T.A.M.P (The Street Team Advertising Marketing and Promotion.eMail - marketing@headnodmusic.com_________________________________Find Codename: Agents of Chaos on: FB | IG | TwitterStream us  and download for free at agents-of-chaos.simplecast.comSupport us at our PayPal Link: paypal.me/codenameaocSearch & Subscribe on: Genius Radio | Broughtupsy 242 | Apple Podcasts | Google Podcasts | iHeart Radio | Amazon Muisc & Audible

Talking with the Toothcop
Dentistry Rules + Regulation Changes in Texas

Talking with the Toothcop

Play Episode Listen Later Nov 17, 2020 49:10


Texas has rolled out some regulations and rule changes that dentists need to stay on top of. From controlled substance CE changes and equipment performance evaluations to medical emergency preparedness training and sedation inspections—we cover it all in this episode of Talking with the Toothcop. Don’t miss it!  Outline of This Episode [0:21] A trip down memory lane [4:41] Controlled Substance CE changes [13:57] Controlled Substances: EPCS + patient query [19:11] The Human Trafficking Course requirement [21:30] X-ray equipment performance evaluations [25:02] Step-wedge test + medical emergency preparedness training  [27:30] What dentists are getting busted for in sedation inspections [34:17] Mail Bag: Does your office need to use respirators?  [37:13] Georgetown Dental’s violations Changes to Controlled Substances Regulations A lot of controlled Substance CE changes came out in 2016. Some dentists still aren’t in compliance with these rules. Rule 111.1 is a CE requirement for every dentist in Texas with a DEA registration. Up until 9/1/2020, dentists were required to complete a two-hour CE course on opioids and the use of controlled substances in the dental practice. Now you’re required to do an additional two-hour course on monitoring and prescribing practices for controlled substances.  This takes effective As of January 1st, 2021 all dentists with direct patient-care responsibilities are required to complete a pain management CE (Rule 104.1 ). It is a two-hour CE course that you must complete annually. Some CE requirements are annual OR every other year. I.e. the human-trafficking course must be completed per renewal period or every two years. NOTE: A dentist is NOT required to have a DEA registration if you’re not prescribing. But moving forward, the only way you can prescribe any controlled substance will have to be done through Electronic Prescribing of Controlled Substances (EPCS).  Controlled Substances: EPCS + patient query Under rule 111.2, any dentist with a DEA registration is required to login to the PMP (Prescription Monitoring Program) and complete a self-query to review your prescribing history. Even if you don’t prescribe controlled substances, you still have to log in and perform the search. Luckily, there’s no need to document it. They monitor the keystrokes and searches you perform when you log in—which is why you have to do it.  Before issuing a prescription for a controlled substance to a patient, you’re required to check the patient’s history in the PMP (Rule 111.3). If you’re administering a controlled substance from an office supply (and not ordering it or prescribing it) you don’t need to do the search.  Rule 111.4 allows the state board to monitor dentists prescribing practices. In Texas, it’s managed by the State Board of Pharmacy. Some dentists have disciplinary actions on their license for failure to comply with these rules—so we aren’t just saying them to say them. They are important.  X-ray equipment performance evaluations (EPE) The most common thing dentists get busted for is not having equipment performance evaluations (EPE) completed in time. It’s simply a calibration check that must be performed by an outside party. The state requires it for two-dimensional x-rays every 4 years from the date of the last EPE. It’s such a common violation that half to most dental offices have been busted for this. They don’t give second warnings—you’ll get a $4,000 fine after your first warning. This is one of the easiest rules to comply with. NOTE: If you have a three-dimensional x-ray machine, it must be checked annually. What dentists are getting busted for in sedation inspections The first thing dentists get busted for is expired AED pads OR not having pediatric AED pads. You have to have pediatric appropriate equipment if you administer nitrous to children under 13.  Another thing is not checking vital signs intraoperative or perioperative. That includes blood pressure, heart rate, O2 Sats, and respiratory rate every 10 minutes. I know dentists who are in hot water right now because they’ve failed multiple times. Don’t let something so silly leave a black spot on your record. Pull up your Pre-Op Sedation/Anesthesia Checklist and look at rule 110.3. Make sure your pre-op checklist has everything that’s required and it’s titled “Pre-Op Sedation/Anesthesia Checklist.” No joke—if it doesn’t say that, they will make you fix it. This is true for level 1 and Nitrous Oxide only as well.  Mail Bag: Does your office need to use respirators?  When most people hear the word “respirator” they automatically think of elastomeric respirators (i.e. a Darth Vader type mask). Dental offices do wear N-95 masks, but it’s actually called a face-filtering respirator. It’s still a type of respirator—just not what you think of. Texas (Rule 108.7 Subsection 16) requires the use of an N-95 Respirator mask when working within 6 feet of aerosol-generating procedures (anything where you use a handpiece). It applies to dentistry in Texas and other states.  Why you HAVE to follow the rules OSHA reported that since the pandemic, there has been $1.4 million in fines issued to healthcare providers. There was only one dental office on that list—Georgetown Dental in Massachusetts. They were busted for over 7 violations, but here are a few: 1910.134(c)(1) – No Written Respiratory Protection Program. You need a written plan.  1910.134(e)(1) – No Medical Evaluations for Employees. You must provide them a medical evaluation to make sure they can use a respirator.  1910.134(f)(2) – No fit testing. They must be fit-tested before initial use of the respirator.  1910.134(k)(1). Employee training. The employer shall ensure that each employee can demonstrate knowledge of how to use, maintain, and store the respirator.  Any dental office needs to make sure they comply with these rules. To get the full details on all of the rules and regulations that have changed, give the whole episode a listen—and take notes.  Resources & People Mentioned SedationCE Sedation Inspections + EPCS + Continuing Education SOAR Health and Wellness Training 1910.134(c)(1) – No Written Respiratory Protection Program Connect With Duane https://www.dentalcompliance.com/ toothcop(at)dentalcompliance.com On Facebook On Twitter On LinkedIn On Youtube

Achieving Reality:  The Podcast!
Episode 392 - Subsection D

Achieving Reality: The Podcast!

Play Episode Listen Later Nov 14, 2020 31:25


Larry and Chris dive into Weird News, including a pastor sued for peeing on someone and a law student who filed suit over failing the bar exam.  Enjoy!

A Podcast Called INTREPID
Ep 135 Muskoka Chair Charter Chats Ch 6 -- Equality Rights and Constitutional Remedies

A Podcast Called INTREPID

Play Episode Listen Later Aug 31, 2020 38:03


We're back with Carissima Mathen and the last of our special summer series of “explainers” on the Canadian Charter of Rights and Freedoms. Today, Carissima walks us through two last issues: the equality rights in section 15 of the Charter; and the two remedies sections, section 52 of the Constitutional Act 1982 and section 24 of the Charter. The text of these provisions is reproduced below. As noted, this is our last Muskoka Chair chat. We hope people have enjoyed this deep dive into the Charter. Please give us a shout out if so, on iTunes or wherever you listen to your podcasts, and help other people find INTREPID. We're back after a brief pause for the beginning of the academic year. Thank you for your continued interest.15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.(2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.52. (1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.(2) The Constitution of Canada includes(a) the Canada Act 1982, including this Act;(b) the Acts and orders referred to in the schedule; and(c) any amendment to any Act or order referred to in paragraph (a) or (b).

Inner Sircle
POV: Social media is a horizontal layer of your business and not a subsection of your marketing vertical.

Inner Sircle

Play Episode Listen Later Aug 11, 2020 3:30


On this episode, I talk about social media being a horizontal layer of a business and not just part of marketing. It really has a 360 impact on all facets of a brand's lifecycle.

Introduction to The Philosophy of History by Georg Wilhelm Friedrich Hegel
05 – III: (II) – The Essential Destiny of Reason, Subsection 1: The Abstract Characteristics of the Nature of Spirit

Introduction to The Philosophy of History by Georg Wilhelm Friedrich Hegel

Play Episode Listen Later Jun 2, 2020 15:13


Introduction to The Philosophy of History by Georg Wilhelm Friedrich Hegel
06 – III: (II) – The Essential Destiny of Reason, Subsection 2: What Means Spirit Uses in order to Realise Its Idea

Introduction to The Philosophy of History by Georg Wilhelm Friedrich Hegel

Play Episode Listen Later Jun 1, 2020 0:21


More great books at LoyalBooks.com

Introduction to The Philosophy of History by Georg Wilhelm Friedrich Hegel
07 – III: (II) – The Essential Destiny of Reason, Subsection 3: The Shape which the Perfect Embodiment of Spirit Assumes

Introduction to The Philosophy of History by Georg Wilhelm Friedrich Hegel

Play Episode Listen Later May 31, 2020 55:33


More great books at LoyalBooks.com

Introduction to The Philosophy of History by Georg Wilhelm Friedrich Hegel
08 – III: (III) – The Course of the World’s History, Subsection 1

Introduction to The Philosophy of History by Georg Wilhelm Friedrich Hegel

Play Episode Listen Later May 30, 2020 32:03


More great books at LoyalBooks.com

The Green Tea Collective
Remember When Life Was Simple? Easy as 1, 2, 2a, 2a(I), 2a(I) subsection (i)

The Green Tea Collective

Play Episode Listen Later May 30, 2020 50:40


How did life get this complicated? In this discussion we review the progression of humanity from our individual experiences. Some aspects of these realities are disturbing. The positives of listening to this talk... motivation and encouragement to assess and simplify your lifestyle.

Introduction to The Philosophy of History by Georg Wilhelm Friedrich Hegel
09 – III: (III) – The Course of the World’s History, Subsection 2

Introduction to The Philosophy of History by Georg Wilhelm Friedrich Hegel

Play Episode Listen Later May 29, 2020 29:39


More great books at LoyalBooks.com

Introduction to The Philosophy of History by Georg Wilhelm Friedrich Hegel
10 – III: (III) – The Course of the World’s History, Subsection 3: The Idea of the World’s History as Such

Introduction to The Philosophy of History by Georg Wilhelm Friedrich Hegel

Play Episode Listen Later May 28, 2020 29:01


More great books at LoyalBooks.com

Criminal Nuggets
Chicago Police Body Cam Discovery With Peter Lewis: What To Do When You Don't Get It

Criminal Nuggets

Play Episode Listen Later Jan 8, 2020 33:57


Episode 724 (Duration 33:57). Chicago defense attorney Peter Lewis explains what a litigant can do when their criminal discovery is missing the police body cam video. In This Case... The State's Attorney's position is if they didn't get it from the police then it doesn't exist. Attorney Peter Lewis Am I Entitled To Have The Police Body Cam In My Case? Yes. Generally, speaking a criminal defendant is going to be entitled to possess a copy of the police body cam or cams involved in his or her case. The interesting question is what to do when you don't get it. Attorney Peter Lewis Peter Lewis has been an Illinois attorney since 2004. He currently has an extensive criminal law practice. He handles cases throughout Cook County and the collar counties. Contact Information 5508 West Lawrence Ave Chicago, IL 60630 773-853-0223 http://pwlewislaw.com/ Main Areas Of Law  In Chicago what are the three main areas of law that govern the police use of body cameras? United States Department of Justice & Chicago Police Department Consent Decree Illinois Law Enforcement Officer-Worn Body Camera Act Chicago Police Department Special Order S03-14 on Body Worn Cameras What Does The Consent Decree Say About Body Cam? What does the Justice Department's Chicago Police Department Consent Decree say about the use of police body cams? On page 6 of the report it says, ...that the Justice Department supports the City’s decision to accelerate its plan to ensure that all CPD officers have body cameras. In the "Recommendations" section of the report, it says that CPD should "adopt use of force practices that minimize the use of fore." Subsection (i) states, Equip all patrol officers and supervisors, and officers who regularly interact with the public, including tactical officers, with body cameras, and develop a body camera policy delineating officers’ responsibilities regarding the consistent and appropriate use of body cameras and the retention and review of body camera footage. Consent Decree Important Details From The Illinois Body Cam Act ✓ The Illinois Law Enforcement Officer-Worn Body Camera Act does not require that police departments employ body cams. The act merely provides guideline for departments that wish to use them. The act also includes minimal feature and procedures that must be followed if a department chooses to use body cams. (Go to 4:04) ✓ "No officer may hinder or prohibit any person, not a law enforcement officer, from recording a law enforcement officer in the performance of his or her duties in a pubic place or when the officer has no reasonable expectation of privacy." 50 ILCS 706/10-20(11) ✓ Generally, body cam videos ARE NOT subject to FOIA requests unless you have been arrested, are a victim, or a witness. See 50 ILCS 706/10-20(b) Did You Know? ✓ As of right now every single Chicago Police Department patrol officer is suppose to be using a fully functioning and operable body cam device. (Go to 2:59) What You Need To Know About The Chicago Police Department Body Cam Special Order The policy says in clear unmistakable terms that, All sworn members and their immediate supervisors assigned to a Bureau of Patrol district normally assigned to field duties and any other member at the discretion of the district commander will be assigned and utilize a BWC. CPD Special Order S03-14 This is one of the most important things listed in Special Order S03-14, it's under the "Operational Procedures" section. (Go to 6:20) An attorney trying to hunt down body cam footage may want to know the following to help facilitate the search (Go to 10:08): Name of person arrested Date of arrest RD number Incident number Name of officers involved Badge number of officers involved Beat Number ✓ CPD currently has 8,200 video cams issued to officers. This should be enough to cover the entire patrol division. (Go to 14:50) "Can't Miss" Moments: ✓ In video recordings you often see an officer stop and do this with his equipment right before he engages with a subject. (Go to 7:01) ✓ Body cam equipment involves more than a camera. The devices includes a camera and hard drive that can hold at least 10 hour of video. At the end of a shift all the recordings go into one master super data base. (Go to 8:04) ✓ Peter says CPD should not be allowed to do this one critical thing in regards to this body cam issue. A third independent body should involved and do this when there is an arrest. (Go to 9:16) ✓ You ever hear of a beat number and RD number? You may want to know what these are if you're hunting down body cam recordings. Peter Lewis explains this, just (Go to 9:16). ✓ This one fact provides the state with zero motivation to hunt and search for something that might exist but is buried somewhere. (Go to 12:25) ✓ The question then is what do we do when you know a video exists but for some reason it was not tendered to you during discovery? (Go to 14:16) ✓ These particular police units come into a lot of contact with the public. You could say they're in the thick of it. Oddly, these units don't wear body cams. What's that all about? (Go to 14:50) What Do You Do When You Don't Get Police Body Cam In Your Discovery? ✓ The question then is what do we do when you know a video exists but for some reason it was not tendered to you during discovery? (Go to 14:16) ✓ A Kladis motion is often filed when there has been a violation of discovery. This remedy is rare, but it can lead to the suppression of evidence. (Go to 18:30) ✓ Peter's discovery violation motion is titled, "Motion To Exclude Testimony of State's Witnesses And For Other Relief Or Sanction The Court Deems Appropriate". It incorporates parts of the state statute and the CPD special order. (Go to 19:00) If a court or other finder of fact finds by a preponderance of the evidence that a recording was intentionally not captured, destroyed, altered, or intermittently captured in violation of this Act, then the court or other finder of fact shall consider or be instructed to consider that violation in weighing the evidence, unless the State provides a reasonable justification. 50 ILCS 706/10-30 ✓ The State statute is kind of soft. It doesn't exactly say that evidence can be barred or excluded. (Go to 22:36) ✓ This is a last ditch effort thing to do when you see that a judge is not going to give you sanctions for missing body cam video. Do this when you got no other cards to play. (Go to 25:50) Links & Resources United States Department of Justice & Chicago Police Department Consent Decree More About The CPD Consent Decree 50 ILCS 706/10-1 et seq. - Illinois Law Enforcement Officer-Worn Body Camera Act Chicago Police Department Special Order S03-14 on Body Worn Cameras People v. Kladis, 2011 IL 110920 How Often Do Chicago Police Officers Fail To Activate Their Body Cameras? It’s Hard To Know - CBS Chicago Key Body Camera Footage Missing After Chicago Police Officers Raid Wrong Homes, Point Guns At Children - CBS Chicago See Also You may also want to check out... People v. Montgomery, 2018 IL App (2d) 160541 (October). Episode 555 (Duration 14:02) (What To Do, What To Do About Lost, Destroyed, or Missing Video?) People v. Cunningham, 2018 IL App (1st) 153367 (June). Episode 517 (Duration 12:37) (Significance Of The Evidence And Bad Faith Drive Discovery Violation And Destruction Of Evidence Issues) People v. Moravec, 2015 IL App (1st) 133869 (November 2015). Episode 105 (Duration 8:00) (Defendant wins sanctions to exclude all evidence after CPD ignores repeated requests for the POD video.) Episode 320 (Duration 52:38) (Behind The Scenes Of The Curtis Lovelace Trial | Attorney Evan Parke Discloses How The Defense Team Made Use Of FOIA)

Drumline Today
Subsection Spotlight

Drumline Today

Play Episode Listen Later Nov 28, 2019 12:07


Ensemble field recordings bury some great detailed writing. Grab your headphones! In this episode, we strip it all away to hear some great subsections throwing down incredible beats.Credits:2018 Boston Crusaders Bass Drums - Arr. Colin McNutt1992 Star of Indiana Snare Drums - Arr. Bob Dubinski2001 Glassmen Tenors - Arr. Colin McNutt / Brian Tinkel1995 Cavaliers Snare Line - Arr. Brian Mason1993 Cadets Holy Bass - Arr. Tom Aungst

Learn/Perform Mixtape
1.1. Performance Improvement Process

Learn/Perform Mixtape

Play Episode Listen Later Nov 3, 2019 46:19


Performance Improvement Process: What models can you use to understand the performance improvement process? (AOE 1: Performance Improvement; Subsection 1.1. Performance Improvement Process) Connect with the podcast host on Twitter: @laurapasquini Or LinkedIn: https://www.linkedin.com/in/laurapasquini/ Are you studying for the CPLP? Want more learning & performance ideas? Subscribe to the pod for the next study session: https://learnperform.transistor.fm/subscribe

The Mueller Report: A Reading
Ep. 5, Pt. II: III Russian Hacking and Dumping Operations (Subsection D)

The Mueller Report: A Reading

Play Episode Listen Later Oct 15, 2019 40:46


This episode concludes Section III of Volume I of the Mueller Report: "Russian Hacking and Dumping Operations." Narration of this episode will cover the second half of the section, which is comprised of the fourth and final subsection D: "Trump Campaign and the Dissemination of the Hacked Materials." --- Send in a voice message: https://anchor.fm/the-mueller-report/message Support this podcast: https://anchor.fm/the-mueller-report/support

THE RAGGED EDGE RADIO ....with Russ Dizdar
EXPOUSURE CRIME PUNISHMENT AND DARK POWERS PART 4

THE RAGGED EDGE RADIO ....with Russ Dizdar

Play Episode Listen Later Jun 28, 2019 60:18


He who covers his sins will not prosper, but whoever confesses and forsakes them will have mercy. Pr 28 2010 Pennsylvania Code Title 18 - CRIMES AND OFFENSES Chapter 31 - Sexual Offenses 3121 - Rape. SUBCHAPTER B DEFINITION OF OFFENSES (a) Offense defined.--A person commits a felony of the first degree when the person engages in sexual intercourse with a complainant: (1) By forcible compulsion. (2) By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution. (3) Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring. (4) Where the person has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance. (5) Who suffers from a mental disability which renders the complainant incapable of consent. (6) (Deleted by amendment). (b) Additional penalties.--In addition to the penalty provided for by subsection (a), a person may be sentenced to an additional term not to exceed ten years' confinement and an additional amount not to exceed $100,000 where the person engages in sexual intercourse with a complainant and has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, any substance for the purpose of preventing resistance through the inducement of euphoria, memory loss and any other effect of this substance. (c) Rape of a child.--A person commits the offense of rape of a child, a felony of the first degree, when the person engages in sexual intercourse with a complainant who is less than 13 years of age. (d) Rape of a child with serious bodily injury.--A person commits the offense of rape of a child resulting in serious bodily injury, a felony of the first degree, when the person violates this section and the complainant is under 13 years of age and suffers serious bodily injury in the course of the offense. (e) Sentences.--Notwithstanding the provisions of section 1103 (relating to sentence of imprisonment for felony), a person convicted of an offense under: (1) Subsection (c) shall be sentenced to a term of imprisonment which shall be fixed by the court at not more than 40 years.

Jefferson Liberty Radio
June 15th, 2019: Back to Representation

Jefferson Liberty Radio

Play Episode Listen Later Jun 15, 2019 31:20


Join us as we get back to the subject of representation.  CA Constitution: Article 2, Section 8, Clause B CA Constitution: Article 1, Section 3, Clause A CA Constitution: Article 4, Section 2, Clause A, Subsection 1 (CA Senate) CA Constitution: Article 4, Section 2, Clause A, Subsection 2 (CA Assembly) California Constitution on Amazon On June 18th, we will be holding a meeting at Cafe Bravo. More information is available on the Facebook event page. Get in touch with us! Email us, call us, or get in touch with us on Facebook!

Your Strata Property With Amanda Farmer
129. Why you can’t stack the committee ballot paper

Your Strata Property With Amanda Farmer

Play Episode Listen Later Sep 11, 2018 16:40


This week, Reena reminds us of an often overlooked rule when it comes to the ballot for committee elections. She also shares a great insider-tip to ensure consistent cash flow for a building. Links mentioned: Get the transcript here! Strata Schemes Management Regulation 2016 - Part 2 Clause 10 Subsection 3 Episode 124. Accused of having a conflict of... The post 129. Why you can’t stack the committee ballot paper appeared first on Your Strata Property.

Your Strata Property With Amanda Farmer
129. Why you can’t stack the committee ballot paper

Your Strata Property With Amanda Farmer

Play Episode Listen Later Sep 10, 2018 16:40


This week, Reena reminds us of an often overlooked rule when it comes to the ballot for committee elections. She also shares a great insider-tip to ensure consistent cash flow for a building. Links mentioned: Get the transcript here! Strata Schemes Management Regulation 2016 - Part 2 Clause 10 Subsection 3 Episode 124. Accused of having a conflict of... The post 129. Why you can’t stack the committee ballot paper appeared first on Your Strata Property.

The Familiar Strange
#20 Wearing the black armband: Mick Dodson talks ongoing colonisation in Australia

The Familiar Strange

Play Episode Listen Later Aug 19, 2018 43:31


“We don't look back enough to go forward, I don't think. We need to look in the rear view mirror everyday.” Professor Mick Dodson AM, a Yawuru Aboriginal man, Australian barrister, academic and recently retired Director of the National Centre for Indigenous Studies at ANU, talks to our own Julia Brown about some of the ongoing struggles for Indigenous Australians. They discuss education and language, calling out everyday racism and unacceptable behaviours toward women, the role of anthropology in Indigenous Australian affairs, the Northern Territory Intervention, the Uluru Statement from the Heart, and self determination. The Native Title Act (or Settlement) is also mentioned, along with the Stolen Generations and the 2008 Apology. Their conversation concludes with a reflection on Indigenous meanings of health and well-being. QUOTES “These are probably the oldest languages in the world. There's something wrong with your values if you don't think that that heritage is of any worth.” “The thing that troubles me about anthropologists is that there's a level of preciousness that seems to afflict the discipline.” “I think the great thing that's happened in research of any sort but particularly anthropology is the ethical clearances processes... how are you going to be impartial, independent - that's where preciousness gets in the way.” “Maybe we should select people to study anthropology with greater scrutiny.” “‘Going native' ought to be frowned upon. You know, you can understand it but don't try and become it.” “In its essence self determination is having control of your destiny, as a group. It's a right of peoples... coupled with social justice it means that you as a group are in control of the decisions that affect not just your daily lives but what happens to you as a group, into the future.” “With the Uluru Statement, it's been framed in a negative way ... The response is really mean-spirited, and unfair, unjust, and a perpetuation of the colonial project really - ‘we'll decide what's best for you black fellas, cause we have the power and whatever you dish up we can say yes or no to.'" "The black armband is going to be worn until there's reason to take it off. And we haven't given, as a nation, any reason to take it off. And it's not about blaming the present generation. But we can blame them if they refuse to accept this history." "Subsection 26 of section 51 [of the Australian constitution] allows the parliament to pass laws that can be racially discriminatory. And they have. Since 1967, they have, at least five times, used that power to discriminate against Australia's Indigenous people and only Australia's Indigenous people." “There is a connection between culture and identity confusion... connecting the young with the broader family, clan, nation, universe, has broken down, through colonisation and dispossession.” “Yawuru people have a notion of Liyan, which is a feeling of well-being... health is not just a physical condition, it's also a spiritual and intellectual and cultural condition." CITATIONS Dodson, M. 1994. ‘The End in the Beginning: Re(de)finding Aboriginality' Wentworth Lecture. On the Northern Territory Intervention: https://www.monash.edu/law/research/centres/castancentre/our-research-areas/indigenous-research/the-northern-territory-intervention/the-northern-territory-intervention-an-evaluation/what-is-the-northern-territory-intervention The Uluru Statement from the Heart: https://www.referendumcouncil.org.au/sites/default/files/2017-05/Uluru_Statement_From_The_Heart_0.PDF This anthropology podcast is supported by the Australian Anthropological Society, the ANU's College of Asia and the Pacific and College of Arts and Social Sciences, and the Australian Centre for the Public Awareness of Science, and is produced in collaboration with the American Anthropological Association. Music by Pete Dabro: dabro1.bandcamp.com Show notes by Julia Brown

WONKED: A Policy Pod
Foreign Failings

WONKED: A Policy Pod

Play Episode Listen Later Apr 3, 2018 68:17


In this episode, Ricky, Katie, Noah Redlich, and Noah Zunker discuss the history of American foreign policy since the end of the Cold War, discuss the divide over foreign policy within the Democratic Party, and share some of their own views on defense spending, military intervention. and diplomacy. Twitter: @harvarddemsFacebook: https://www.facebook.com/HarvardDems/Music provided by:Rock Angel by Joakim Karud https://soundcloud.com/joakimkarudCreative Commons — Attribution-ShareAlike 3.0 Unported— CC BY-SA 3.0http://creativecommons.org/licenses/b...Music promoted by Audio Library https://youtu.be/K8eRXvLL7WoThe views presented in this podcast do not necessarily represent those of the Board of the Harvard College Democrats. Official policy statements are only made in accordance with Article 5, Section A, Subsection 3 of the Constitution of the Harvard College Democrats.

WONKED: A Policy Pod
Criminal Quandaries and Systemic Racism

WONKED: A Policy Pod

Play Episode Listen Later Mar 27, 2018 74:12


In this episode, Ricky, Katie, and Rachel discuss the history of mass incarceration, the sentencing laws that led to the U.S.'s massive prison population, and the conditions prisoners are subject to in prisons. Ricky also interviews Naomi Vickers, a member of HOPE, to talk about campus advocacy for criminal justice reform.Twitter: @harvarddemsFacebook: https://www.facebook.com/HarvardDems/Music provided by:Rock Angel by Joakim Karud https://soundcloud.com/joakimkarudCreative Commons — Attribution-ShareAlike 3.0 Unported— CC BY-SA 3.0http://creativecommons.org/licenses/b...Music promoted by Audio Library https://youtu.be/K8eRXvLL7WoThe views presented in this podcast do not necessarily represent those of the Board of the Harvard College Democrats. Official policy statements are only made in accordance with Article 5, Section A, Subsection 3 of the Constitution of the Harvard College Democrats.

WONKED: A Policy Pod
"They found lead in the paint... so they repainted the houses"

WONKED: A Policy Pod

Play Episode Listen Later Mar 20, 2018 85:49


Ricky, Rachel, and Noah (Zunker) break down gun control policy, diving into legal history, gun-related deaths & crime, and finally, comparing the US in international context. And—Ricky interviews Harvard Professor Caroline Light about the gendered and racialized history of the 2nd Amendment. Links to research: http://bit.ly/2psDIdTTwitter: @harvarddemsFacebook: https://www.facebook.com/HarvardDems/Music provided by:Rock Angel by Joakim Karud https://soundcloud.com/joakimkarudCreative Commons — Attribution-ShareAlike 3.0 Unported— CC BY-SA 3.0http://creativecommons.org/licenses/b...Music promoted by Audio Library https://youtu.be/K8eRXvLL7WoThe views presented in this podcast do not necessarily represent those of the Board of the Harvard College Democrats. Official policy statements are only made in accordance with Article 5, Section A, Subsection 3 of the Constitution of the Harvard College Democrats.

WONKED: A Policy Pod
TRAILER: Just a lil' Wonk

WONKED: A Policy Pod

Play Episode Listen Later Mar 4, 2018 5:20


Meet the hosts of WONKED and get a lil’ taste of what is to come this semester! Learn why Ricky, Rachel, Zunker, Katie, and Redlich are podcasting about progressive policy. Music provided by: Rock Angel by Joakim Karud https://soundcloud.com/joakimkarudCreative Commons — Attribution-ShareAlike 3.0 Unported— CC BY-SA 3.0http://creativecommons.org/licenses/b...Music promoted by Audio Library https://youtu.be/K8eRXvLL7Wo The views presented in this podcast do not necessarily represent those of the Board of the Harvard College Democrats. Official policy statements are only made in accordance with Article 5, Section A, Subsection 3 of the Constitution of the Harvard College Democrats.

Membean Word Root Of the Day
#151 Dissect Words with Sect!

Membean Word Root Of the Day

Play Episode Listen Later Oct 16, 2017 2:38


The Latin root sect means “cut.” This Latin root is the word origin of a good number of English vocabulary words, including insect, dissect, and intersect. The root sect is easily recalled via the word section, for a section is a “cut”-off piece of a larger whole.Like this? Build a competent vocabulary with Membean.

Sentient Future
EP 9 - Context - Culture

Sentient Future

Play Episode Listen Later Aug 3, 2017 6:31


Discussion of the importance of cultural awareness/sensitivity, and why it’s in your best interest. Subsection of Sensing Your Context skill within the Sentient Worldview.

The Rules to the Game
Foundation - The Telephone Consumer Protection Act

The Rules to the Game

Play Episode Listen Later May 25, 2017 81:00


On This Episode of the Foundation...    When it comes to Debt Collection, many of us are in the Dark with regard to Rights and Remedies.    Most of Us have not even Heard of the Telephone Consumer Protection Act (47 U.S.C. Subsection 227) OR    Know Our Rights with regard to (Alleged) debt collectors calling our Mobile or Home Phones.    What are these Rights?    How can One Exercise Them?    Are there Monetary Penalties that are Enforceable?    Host Sot EL will delve into the Discussion in an attempt to come up with something tangible.    As We Continue to Advance, Build and Lay the FOUNDATION.    LIVE CALL # (424)222-5250 Press 1 to interact with Sot.    Email:  admin@welcometothefoundation.com    Peace for Listening and Peace for Sharing,    Peace to the Gods!!!

SCOTUScast
National Labor Relations Board v. SW General, Inc. - Post-Decision SCOTUScast

SCOTUScast

Play Episode Listen Later May 16, 2017 17:30


On March 21, 2017, the Supreme Court decided National Labor Relations Board v. SW General, Inc. SW General, Inc. provides ambulance services to hospitals in Arizona. A union had negotiated longevity pay for SW General’s emergency medical technicians, nurses, and firefighters. In December 2012, between the expiration of one collective bargaining agreement and the negotiation of a new one, SW General stopped paying the longevity pay. The union filed an unfair labor practices claim with the National Labor Relations Board (NLRB), which issued a formal complaint. An administrative law judge determined that SW General had committed unfair labor practices, but SW General contended that the NLRB complaint was invalid because the Acting General Counsel of the NLRB at the time, Lafe Solomon, had been serving in violation of the Federal Vacancies Reform Act (FVRA). President Barack Obama had nominated Solomon--who had then been serving as Acting General Counsel after the General Counsel had resigned--to serve as General Counsel, but the Senate had not acted on the nomination. The president had ultimately withdrawn the nomination and replaced it with that of Richard Griffin, who was confirmed. In the intervening period--including when the NLRB complaint had issued against SW General--Solomon had continued to serve as Acting General Counsel. SW General argued that under the FVRA, Solomon became ineligible to hold the Acting position once nominated by the president to the General Counsel position. The U.S. Court of Appeals for the D.C. Circuit agreed and vacated the NLRB’s enforcement order. The NLRB then obtained a writ of certiorari from the Supreme Court. -- By a vote of 6-2, the Supreme Court affirmed the judgment of the D.C. Circuit. In an opinion by Chief Justice Roberts, the Court held that (1) subsection (b)(1) of the Federal Vacancies Reform Act of 1998, which prevents a person who has been nominated to fill a vacant office requiring presidential appointment and Senate confirmation from performing the duties of that office in an acting capacity, applies to anyone performing acting service under the FVRA and is not limited to first assistants performing acting service under Subsection (a)(1); and (2) Subsection (b)(1) prohibited Lafe Solomon from continuing his service as acting general counsel of the National Labor Relations Board once the president nominated him to fill the position permanently. The Chief Justice’s majority opinion was joined by Justices Kennedy, Thomas, Breyer, Alito, and Kagan. Justice Thomas filed a concurring opinion. Justice Sotomayor filed a dissenting opinion, in which Justice Ginsburg joined. -- To discuss the case, we have Kristin Hickman, who is the Distinguished McKnight University Professor, Harlan Albert Rogers Professor of Law, and Associate Director, Corporate Institute at the University of Minnesota Law School.

Teleforum
Courthouse Steps: Amgen, Inc. v. Sandoz, Inc.

Teleforum

Play Episode Listen Later Apr 28, 2017 26:33


The Biologics Price Competition and Innovation Act of 2010 (42 U.S.C. § 262) created an abbreviated pathway for FDA approval of biological products determined to be “biosimilar” to a reference product. The Act outlines a patent resolution and information exchange scheme, with litigation safe harbors during this “patent dance.” -- Subsection (l)(2)(A) provides that not later than 20 days after the application is accepted for review, “…the subsection (k) applicant – shall provide to the reference product sponsor a copy of the application…and other information that describes the processes used to manufacture the biological product…” Subsection (l)(8)(A) provides “[t]he subsection (k) applicant shall provide notice to the reference product sponsor not later than 180 days before the date of the first commercial marketing of the biological product licensed under subsection (k).” -- In 2015, Sandoz filed a subsection (k) application based on Amgen’s filgrastim (Neupogen®), but refused to provide its (l)(2)(A) disclosure and claimed that pre-FDA approval notice satisfied (l)(8)(A). Amgen sued in federal court on state law claims of unfair competition and conversion, and patent infringement, and requested a preliminary injunction. The district court granted Sandoz’ motion for partial summary judgment, holding that (l)(2)(A) disclosure was optional and that Sandoz did not have to wait for FDA approval before providing (l)(8)(A) notice. -- In a fractured opinion, the Federal Circuit affirmed on the (l)(2)(A) issue, holding that subsection (l)(9)(C) provided a remedy for the reference product sponsor to bring an immediate declaratory judgment action if the subsection (k) applicant failed to provide its (l)(2)(A) information, showing that disclosure was optional. The court reversed on the (l)(8)(A) issue, holding that notice before the FDA approved the subsection (k) application was ineffective under the statute. The Court granted certiorari on both issues. -- This case presents intriguing questions of statutory interpretation, as the boundaries of the BCPIA are explored. -- Featuring: Mr. Andrew A. Hufford, Intellectual Property Attorney, Brinks Gilson & Lione.

Master The NEC Podcast
Understanding New Subsection 445.13(B)

Master The NEC Podcast

Play Episode Listen Later Mar 24, 2017 18:38


Listen as we chat about a 2017 NEC Change to sizing generator feeder conductors based on 240.21(B) tap rules. Remember I am from the south..so what sounds like 150% is me saying 115%...lol....Sorry I can't help how I talk.

HINDSIGHT RADIO
6/16/2016 SOME TOOLS TO GET RID OF COURT APPOINTED ATTORNEY'S! T.O.C.!!!

HINDSIGHT RADIO

Play Episode Listen Later Jun 16, 2016 232:00


YOU ARE LIVE AND DIRECT WITH KHALIFA AND THE TEMPLE OF COMMERCE ON HINDSIGHT RADIO! MAKE SURE YOU STOP BY THE TEMPLE @ http://khalifael.com or http://templeofcommerce.com FOR THE LATEST PRODUCTS LIKE WEBINAR & TEMPLATE: PONENDIS IN ASSISIS, WEBINAR & TEMPLATE: THE GREAT WRIT OF HABEAS CORPUS: BRING THE BODY FORWARD!WE EVEN HAVE: DVDs, AUDIOS, CONSULTATIONS, CERTIFIED DOCUMENTS AND MORE!!! ************FEATURED PRODUCT*******CERTIFIED DOCUMENT***********UNITED STATES STATUES AT LARGE********** @@@PUBLIC LAW CH.640....62 STAT 944@@@ SUBSECTION 1654 APPEARANCE PERSONALLY OR BY COUNSEL!!! EASY FIX FOR COURT APPOINTED ATTORNEYS. IT'S LIVE & DIRECT @ http://khailfael.com  

SR&ED Education and Resources
SR&ED Penalties under Subsection 163(2) – Recording

SR&ED Education and Resources

Play Episode Listen Later May 30, 2016 9:11


Free audio recording of the CRA's SR&ED Penalties under Subsection 163(2), referencing the Income Tax Act. Presented only for non-commercial informational purposes.

DiscussIT - The South African Podcast Portal
PoPICast 22: Section 14 Subsection 3

DiscussIT - The South African Podcast Portal

Play Episode Listen Later Jun 13, 2014


In this series of 10 minute podcasts, Tony interviews Professor David Taylor on the Protection of Personal Information Act, 4 of 2013.In episode 22 we discuss section 14, subsection 3 - continuing the discussion on retention.160;PoPICast Epis...

Fakultät für Biologie - Digitale Hochschulschriften der LMU - Teil 03/06
Mapping of genomes and plastomes of subsection Oenothera with molecular marker technologies

Fakultät für Biologie - Digitale Hochschulschriften der LMU - Teil 03/06

Play Episode Listen Later Aug 11, 2008


Mon, 11 Aug 2008 12:00:00 +0100 https://edoc.ub.uni-muenchen.de/8976/ https://edoc.ub.uni-muenchen.de/8976/1/Rauwolf_Uwe.pdf Rauwolf, Uwe ddc:500, ddc:570, Fak

Anatomy of Melancholy Volume 3, The by BURTON, Robert
01 - Partition 3, Section 1, Member 1, Subsection 1

Anatomy of Melancholy Volume 3, The by BURTON, Robert

Play Episode Listen Later Jan 1, 1970 20:57


Public Domain Hymns 01 by VARIOUS
Section 01, Subsection 01

Public Domain Hymns 01 by VARIOUS

Play Episode Listen Later Dec 31, 1969 23:08


Anatomy of Melancholy Volume 3, The by BURTON, Robert
01 - Partition 3, Section 1, Member 1, Subsection 1

Anatomy of Melancholy Volume 3, The by BURTON, Robert

Play Episode Listen Later Dec 31, 1969 20:57