MANSION --- Auction King Under Attack ---
Concierge Auctions, a leader in luxury properties,
fights accusations it drums up fake bidders
Clarke, Katherine . Wall Street Journal , Eastern edition; New York, N.Y. [New York, N.Y]08 Feb 2019: M.1.
ProQuest document link
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In the competitive world of luxury real estate, Concierge Auctions is the dominant force in the rapidly growing
business of selling pricey properties to the highest bidder. Billing itself as the leading marketplace for the world's
most distinguished properties, Concierge in just 10 years has attracted clients like former basketball star Michael
Jordan, advisers like real estate maven Barbara Corcoran and partnerships with Sotheby's International Realty and
Engel &Volkers, two of the world's most prestigious real-estate brokerage firms.
Over that same period, Concierge has also attracted something else: litigation. The New York and Austin-based
firm was named as a defendant in 10 lawsuits filed by clients since the start of 2014, according to a search of
Courthouse News, a nationwide news service for lawyers and the media. Five of those suits accused Concierge of
using some form of dummy or fake bidder, either to artificially drive up the price of homes, or to make it appear to
sellers that there was more interest in their homes than there was in reality.
Concierge denied the allegations in all of the lawsuits and said many of them were dismissed after the clients
agreed to settle out of court. It added that four of the lawsuits resulted in payments to Concierge. None of the shill-
bidding allegations have ever been decided by a judge. Four of the lawsuits are ongoing.
The company strongly denies it drummed up fake bids. Concierge attorney Robert S. Wolf described the
allegations generally as "bad-faith efforts to avoid meeting financial obligations to Concierge." He added that some
of the cases against the firm were filed after Concierge already commenced an arbitration against the same client.
Ms. Corcoran, who serves Concierge in an advisory capacity, said she doesn't believe the allegations.
"Concierge Auctions does not and has never used shill or fake bidders. Any accusation to the contrary is false,"
said Laura Brady, president of Concierge. "The bidding for our auctions can be viewed online in real time, and our
software maintains records of every bid placed and by whom."
She continued: "Every buyer and seller who participates in our auctions is required to honor their contract
obligations, and it is our policy to take legal action against any party who fails to perform. From time to time, such
actions have caused the party at fault to retaliate with false allegations in attempt to push blame for their
nonperformance."
While lawsuits are nothing new in the rough-and-tumble real-estate business, real-estate attorneys said the
quantity of lawsuits faced by Concierge, and the nature of their allegations, are a departure in.
This document summarizes a Supreme Court of the Philippines decision regarding two complaints of misconduct filed against Attorney Arturo B. Astorga. The first complaint alleges that Astorga, acting as administrator of an estate based on a power of attorney, disturbed the peaceful possession of a property by the complainants that they had occupied for over 40 years. The second complaint alleges that Astorga sold the same property to one of the complainants without proper authority to administer the estate. The court must determine if Astorga is guilty of conduct unbecoming a member of the bar based on these complaints.
Finding a new property can be both stressful and challenging. There are many reasons why people chose to rent a property. Short term commitment is suitable for many young couples and sharers, who may not be capable of keeping up with hefty mortgage payments, in the current economic climate. Property rental is a competitive market and it is not uncommon for individuals to feel pressured to secure the perfect property.
Agreement in Contract: Objective PrinciplePreeti Sikder
The document discusses the objective test for determining whether parties have reached agreement in contract law. It explains that under the objective test, what matters is how a party's words and conduct would be interpreted by a reasonable person, not their actual subjective intentions. This provides certainty in commercial transactions. However, there are exceptions where one party knows the other has made a mistake. The document also analyzes several key cases that further illustrate how the objective test and its exceptions are applied in practice.
This document discusses the concepts of misrepresentation and fraud in contracts. It begins by defining representation and the difference between representations of fact versus promises. It then examines key elements of misrepresentation, including that a misrepresentation must be a false statement of existing fact, addressed to and relied upon by the misled party. The document outlines defenses to misrepresentation claims and notes the psychological element that distinguishes fraud (the intent to deceive). Specific types of fraudulent statements and active concealment of facts are described. The document concludes by noting that while misrepresentation involves unintentionally misleading statements, fraud requires an intent to deceive the other party.
The document discusses the legal distinction between an invitation to treat and a binding offer in contract law. It provides the case of Spencer v Harding, where the court established that an invitation for tenders to purchase stock was not an offer capable of acceptance, but rather an invitation to treat. Generally, displays of goods, advertisements of prices, and invitations for tenders or bids are considered invitations to treat rather than offers. An invitation to treat is not a binding promise and the inviter can change their mind, unlike a true offer.
1. This document discusses various cases related to misrepresentation in contracts. It examines different types of misrepresentation including false statements of fact, statements that induce a contract, and different categories of misrepresentation such as negligent or fraudulent misrepresentation.
2. The document also explores the remedies available for misrepresentation, such as rescission of the contract, claims for damages or indemnity. Key cases establish that a misrepresentation must be of a material fact rather than just opinion, and that it must have actually induced the claimant to enter into the contract.
3. The document provides an overview of English law on misrepresentation through analyzing numerous past cases that set precedents on important issues like what constitutes a misrepresentation,
The document summarizes several key contract law cases:
1. Carlill v. Carbolic Smoke Ball Company established that serious promises made in advertisements, like offering a reward, can form binding unilateral contracts if the promisor intends for people to rely on the promise.
2. Dickinson v. Dodds held that an offer lapses if the offeree is informed the property is no longer for sale before acceptance, as the offeror has no obligation to keep the offer open.
3. Marshall v. Canadian Permanent Trust said a contract can be rescinded if one party was incapable of understanding the transaction and it was an improvident deal that did not reflect fair market value.
This document summarizes a Supreme Court of the Philippines decision regarding two complaints of misconduct filed against Attorney Arturo B. Astorga. The first complaint alleges that Astorga, acting as administrator of an estate based on a power of attorney, disturbed the peaceful possession of a property by the complainants that they had occupied for over 40 years. The second complaint alleges that Astorga sold the same property to one of the complainants without proper authority to administer the estate. The court must determine if Astorga is guilty of conduct unbecoming a member of the bar based on these complaints.
Finding a new property can be both stressful and challenging. There are many reasons why people chose to rent a property. Short term commitment is suitable for many young couples and sharers, who may not be capable of keeping up with hefty mortgage payments, in the current economic climate. Property rental is a competitive market and it is not uncommon for individuals to feel pressured to secure the perfect property.
Agreement in Contract: Objective PrinciplePreeti Sikder
The document discusses the objective test for determining whether parties have reached agreement in contract law. It explains that under the objective test, what matters is how a party's words and conduct would be interpreted by a reasonable person, not their actual subjective intentions. This provides certainty in commercial transactions. However, there are exceptions where one party knows the other has made a mistake. The document also analyzes several key cases that further illustrate how the objective test and its exceptions are applied in practice.
This document discusses the concepts of misrepresentation and fraud in contracts. It begins by defining representation and the difference between representations of fact versus promises. It then examines key elements of misrepresentation, including that a misrepresentation must be a false statement of existing fact, addressed to and relied upon by the misled party. The document outlines defenses to misrepresentation claims and notes the psychological element that distinguishes fraud (the intent to deceive). Specific types of fraudulent statements and active concealment of facts are described. The document concludes by noting that while misrepresentation involves unintentionally misleading statements, fraud requires an intent to deceive the other party.
The document discusses the legal distinction between an invitation to treat and a binding offer in contract law. It provides the case of Spencer v Harding, where the court established that an invitation for tenders to purchase stock was not an offer capable of acceptance, but rather an invitation to treat. Generally, displays of goods, advertisements of prices, and invitations for tenders or bids are considered invitations to treat rather than offers. An invitation to treat is not a binding promise and the inviter can change their mind, unlike a true offer.
1. This document discusses various cases related to misrepresentation in contracts. It examines different types of misrepresentation including false statements of fact, statements that induce a contract, and different categories of misrepresentation such as negligent or fraudulent misrepresentation.
2. The document also explores the remedies available for misrepresentation, such as rescission of the contract, claims for damages or indemnity. Key cases establish that a misrepresentation must be of a material fact rather than just opinion, and that it must have actually induced the claimant to enter into the contract.
3. The document provides an overview of English law on misrepresentation through analyzing numerous past cases that set precedents on important issues like what constitutes a misrepresentation,
The document summarizes several key contract law cases:
1. Carlill v. Carbolic Smoke Ball Company established that serious promises made in advertisements, like offering a reward, can form binding unilateral contracts if the promisor intends for people to rely on the promise.
2. Dickinson v. Dodds held that an offer lapses if the offeree is informed the property is no longer for sale before acceptance, as the offeror has no obligation to keep the offer open.
3. Marshall v. Canadian Permanent Trust said a contract can be rescinded if one party was incapable of understanding the transaction and it was an improvident deal that did not reflect fair market value.
The document discusses the solicitor-client relationship and the duties solicitors owe to their clients. It covers several key topics:
1. Solicitors' duties arise from contract, tort, statute and professional rules. They owe duties of care, confidentiality and to act in their clients' best interests.
2. Solicitors have actual and ostensible authority to represent clients. Actual authority can be express or implied, while ostensible authority depends on how the client presents the solicitor's role.
3. Case law has explored the scope of solicitors' duties. While they must competently perform the work they were retained for, cases disagree on whether there is a broader "penumbral duty
Vitiating Elements in Formation of Contract: MisrepresentationPreeti Sikder
The document discusses representation in contracts and misrepresentation. It defines misrepresentation as an unambiguous false statement of fact or law that is material and induces a contract. For a misrepresentation to be actionable, it must be a statement of existing fact, addressed to the party misled, and induce that party to enter the contract. Inducement means the misrepresentation would have induced a reasonable person. The document outlines different types of statements that can constitute misrepresentations and discusses key cases related to different elements of misrepresentation. It also discusses the Indian Contract Act provisions around misrepresentation and fraud.
LLAW 110BRIEFSChoose one (1) case fr.docxSHIVA101531
LLAW 110
BRIEFS
Choose one (1) case from the following list and write a brief on behalf of Plaintiff or Defendant.
Your grade will be based upon: (1) quality of writing and (2) quality of research (3) depth of analysis and legal reasoning. Please analyze your case carefully.
1. The developers of a luxury building entered into contracts with 41 prospective condo owners to sell each of them an apartment. Every contract stated that the buyer would be entitled to the return of the deposit if at least one sale didn't occur by September 1, 2008. The first sale took place on February 9, 2009. The prospective purchasers of the apartments are suing to recover their $16 million in security deposits. The developers claim that the documents contain a trivial error; that the date was intended to be September 1 2009.
2. Harry Smith, 84, hired a real estate brokerage firm to rent a studio apartment in his townhouse. Martin, 27, a broker, at the firm made him a proposition. "Why not rent it to me instead? The result was that Mr. Smith signed two handwritten leases on two studio apartments in his house with Martin and Martin's father for below market rates and for terms of up to 20 years. One apartment was rented for $1,167 a month and the other for $400.a month and they paid one year's rent in advance. The least expensive apartment in that area is $1950 a month. Now, Smith who needs the money, can't sell his house. "I am not a very good negotiator and I am not very good with numbers, "Mr. Smith said, "That was why I hired a broker to help rent the apartment." Smith is suing the brokerage firm and Martin. Martin was dismissed from the brokerage firm, but maintains that he did nothing wrong.
3. John Jones was working for a firm at which he had substantial benefits and would have been entitled to stock options. Then Robert Smith of XYZ Corp. offered Jones a position, promising him a large bonus if the company’s earnings exceeded $39.1 million within 3 years. Relying on that promise, Jones left his job and took the position at XYZ Corp. By the end of the 3rd year, projections indicated that XYZ’s earnings would exceed the required level. Jones left the company at the end of the 3rd year and later asked for his bonus. Robert Smith responded “no” stating that as Jones no longer worked for the company, he was not entitled to his bonus. Jones is suing, claiming that he is entitled to damages under the doctrine of promissory estoppel because he left a lucrative and secure position to take the job at XYZ Corp.
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equal installments. After delivery of 2 installments (20 cabinets,) Triangle
informed Matthew that it was losing money and would promise to deliver the
remaining cabinets only if Matthew would pay $50 per cabinet. Matthew agreed
and then refused to pay the additional amount. Triang ...
Law Society of Singapore v Tan Phuay Khiang [2007] SGHC 83surrenderyourthrone
This document summarizes a court case from 2007 regarding a lawyer, Tan Phuay Khiang, who was accused of misconduct in his representation of clients in the sale of their home. Specifically:
1) Tan represented clients in selling their home, but prepared documents authorizing distribution of sale proceeds to parties he had previous relationships with, including ones who referred clients to him, without properly advising the clients or protecting their interests.
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3) The court ultimately suspended Tan from practice for two years for his misconduct in handling conflicts of interest and not protecting his clients.
Two convicted tax fraudsters, Syed Ahmed and Shakeel Ahmad, must repay £92.3m to HMRC, the largest confiscation order ever secured by the agency. They were part of a 21-person gang that stole £37.5m through a complex VAT fraud scheme involving computer parts. If they do not repay the full amount within two months, they will face an additional 10 years in prison on top of their current 7-year sentences. HMRC pursued this case aggressively to recover stolen funds and deter similar fraud schemes.
The plaintiff, Justice Miller, was terminated from their position as a talent agent at the defendant, Jace Talent Agency. Miller claims this was a breach of their employment contract. The contract stated Miller could only be fired for "detrimental conduct," and Miller argues their actions did not meet this standard. Jace Talent Agency claims Miller's conduct at a movie premiere event was detrimental. Both parties have filed motions regarding the other side's expert witnesses who are scheduled to testify at trial about whether Miller's conduct was detrimental. The court must now determine the admissibility of each expert's testimony.
Short Answer41) Sally operates a large manufacturing firm near.docxlesleyryder69361
Short Answer
41) Sally operates a large manufacturing firm near a federal land preserve known for its waterfowl and fauna. The federal government has just filed suit against Sally and her corporation, charging them with criminal violations of various environmental protection statutes. What rights do Sally and her corporation have that are guaranteed under the United States Constitution?
42) John was driving his car in a careless way, failing to drive as a reasonably prudent person would under the driving conditions. Ramona was crossing the street in a careless way, failing to cross as a reasonably prudent person would. John struck and injured Ramona with the car John was driving. At trial, it was determined that John was 80 percent at fault and that Ramona was 20 percent at fault. The injuries sustained amounted to $100,000. Explain how much, if any, recovery Ramona would receive in a state that applies the contributory negligence rule. Do the same thing for a state that applies the comparative negligence rule.
43) Herman Corporation is engaged in preparing a marketing campaign consisting of electronic and print images. Drawings and photographs for the campaign are coming from a variety of sources, including popular magazines, international newspapers, and web sources. The marketing vice president asserts that the company may use the images under the fair use doctrine. What factors should be considered in the application of the fair use doctrine?
44) Louise owned a house next to Robert's house. Robert made a contract with Midcity Painters to paint his house. The painters arrived to paint Robert's house, but mistakenly painted Louise's house. She saw the painters at work and made no comment. Later, Midcity Painters sent Louise a bill for painting her house. She claimed that she was not liable because she had not made any contract with them. Is this a valid defense?
45) Mary offered to sell Mike several pieces of rare Chinese art at a very good price because they were duplicates in her own collection. Mike could not accept the offer at that time, but he did give Mary $500 in return for her promise to keep her offer open for three (3) weeks. Mike returned with the agreed-upon balance two weeks later to find that Mary already had sold the pieces she had offered to sell to him. Mary explained that she had been able to get a better price from another buyer. She offered to return Mike's $500 and insisted that this was all she was obligated to do. Is Mary right?
46) John received a promotion at work and felt new clothes would be necessary in the new position. John went to a local store and charged three ties on his charge account at a cost of $60 each. Bill, a friend of John's, saw a sidewalk vendor selling ties at a cost of three for $10 and bought three at that price. The friends compared purchases that night and found that they had purchased identical ties. John became enraged and said that he would not pay the charge-account bill because the t.
The Bribery Act 2010 comes into force Bark & Co Solicitors - Specialist Fraud...Ascencion Axelquist
Met Police review Daniel Morgan murder over News of the World link It is reported that the Met Police will now investigate a News of The World link concerning the Daniel Morgan Murder (R v Vian & Others). Details reported [here] in the Guardian Mr Glen Vian, represented by Bark & Co, was acquitted in March 2011. Read more (Last updated: 01.03.2012) Kweku Adoboli pleads not guilty at Southwark Crown Court Mr Adoboli has today entered a plea of not guilty at Southwark Crown Court.
The document discusses the key aspects of offers under contract law:
(1) It defines an offer according to Malaysian law as when one party indicates willingness to be bound by a contract upon the other's acceptance.
(2) It examines the case Preston Corpn Sdn Bhd v Edward Leong which established that for there to be a valid offer, the terms must clearly express intent to be bound once accepted.
(3) It discusses the requirements for a valid offer including being clear, specific, lawful and the distinction between offers made to an individual or public. Advertisements are generally considered invitations to treat rather than offers unless exceptional circumstances indicate otherwise.
Basics of Real Estate Disclosures in Arizona & The Legal Consequences of Misr...Jackson White, P.C.
This document discusses real estate disclosure requirements and misrepresentation in Arizona. It provides examples of facts that must be disclosed to buyers, such as structural issues, plumbing problems, or termite infestations. It also outlines disclosure forms required for different property types like commercial, vacant land, and residential. The legal consequences of misrepresentation are explained, along with case examples where sellers, brokers, inspectors were found liable for failing to disclose or providing misinformation.
An offer is made when one party indicates a willingness to be bound if the other party accepts. An offer is different from an invitation to treat, which merely invites further negotiations. Displays of goods and advertisements are usually invitations to treat rather than offers, allowing either party to back out. However, an advertisement can be an offer if the wording and context show a clear intent to be bound if accepted. An offer can generally be withdrawn at any time before acceptance.
The document provides an overview of various legal issues related to reputation management and attacks on brands, including defamation, malicious falsehood, breach of confidence, and intellectual property laws. It then discusses the tort of malicious falsehood in more detail, outlining what must be proven in a claim for malicious falsehood. It provides an example case regarding misleading product labeling.
The document discusses the objective test for determining whether parties have reached an agreement in contract law. It explains that the test examines what was communicated between the parties through words and conduct, rather than their subjective intentions. This objective approach promotes certainty in commercial agreements. Two exceptions are mentioned where subjective intentions may be considered - if the offeree knows the offeror has made a mistake, or if the offeree is at fault for failing to notice a mistake. The document analyzes several cases that apply the objective test, such as Smith v Hughes and Centrovincial Estates.
Sample complaint for rescission of contract in CaliforniaLegalDocsPro
This sample complaint for rescission of contract in California also contains causes of action for fraud, reformation of contract, usury violations, unfair business practices, cancellation of written instruments, declaratory relief, injunctive relief and an account. The sample complaint was used to sue an individual private lender that defrauded an individual and used undue influence to convince them to sign an amended promissory note with an usurious annual interest rate of 18%, and then started non-judicial foreclosure proceedings by claiming an inflated amount due on the notice of default. The sample complaint on which this preview is based is 16 pages and includes brief instructions and a sample verification. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Willey McKay, a football agent, won a substantial libel damages case against Express Newspapers. An article in the Daily Express falsely claimed McKay was under investigation for transfer fraud in France and his meeting with an inquiry in the UK was an "interrogation". McKay sued for libel and won damages. The newspaper accepted the allegations were untrue and agreed to pay McKay's legal costs.
In a separate case, a judge ruled that provisions allowing variation of periodic damages payments under the Damages Act 1996 could be used in non-exceptional circumstances. The Court of Appeal dismissed an appeal against this interpretation.
A third case discussed involved a borrower, Eric, who took out a loan for
Chapter Ten The Law of Contracts and Sales—IIIn our discussion of .docxmccormicknadine86
Chapter Ten The Law of Contracts and Sales—II
In our discussion of the law of contracts in Chapter 9, we were concerned that agreements be enforceable. We noted that without enforceability of contract law by a court, there would be no predictability for enterprises that produce and sell goods. Without this there would be no security and financial stability for a firm. We would see the risk of loss increase and entrepreneurship decline if contracts were not enforceable at all levels of the manufacturing, marketing, and distribution of services and goods.
In this chapter we carefully examine the methods by which a contract can be discharged (particularly through performance), as well as the remedies that are possible for firms and individuals who are injured by a breach of contract for the sale of goods (Articles 2 and 2A of the Uniform Commercial Code [UCC]). E-contracts are highlighted and the concepts underlying them are distinguished from traditional contract principles. This chapter also addresses the international dimensions of contracts and sales agreements.Critical Thinking About The Law
In Chapter 9, we emphasized the importance of predictability and stability for those who enter into contracts. Nevertheless, we do not want parties to jump immediately to the conclusion that they have a contract every time they talk about an exchange. Instead, we want to make it possible for people to talk about an exchange without having actually made a commitment to the exchange. Why?
To aid your critical thinking about issues surrounding contract formation and performance, let’s look at a fact pattern involving concert tickets.
Jennifer and Juan were recently involved in a breach-of-contract case. Juan had two extra tickets to a Garth Brooks concert, and he agreed to sell these tickets to Jennifer. After they had agreed on the price, Juan promised to give the tickets to Jennifer the next day. The next day, however, Jennifer did not want the tickets. Jennifer had discovered that it was an outdoor afternoon concert. Jennifer argued that she should not have to buy the tickets because she is allergic to sunlight and unable to spend any extended period of time outside. The judge ruled in favor of Jennifer.
1. What ethical norms seem to dominate the judge’s thinking (see Chapter 1)?
Clue: We have said that security is one reason for enforcing contracts. Review your list of ethical norms. Which norms seem to conflict with security in this case?
2. What missing information might be helpful in this case?
Clue: To help you think about missing information, ask yourself the following question: Would the fact that Juan knew that Jennifer was allergic to sunlight affect your thinking about this case?
3. What ambiguous words might be troublesome in this case?
Clue: Examine the reasoning that Jennifer uses to argue that she should be released from the contract.
Methods of Discharging a Contract
When a contract is terminated, it is said to be discharged. A contract m ...
RK Associates, Raanan Katz Were Alleged In Unlawful Ejectment In Miamirkcenters
Defendants do not dispute, that security guards threw Plaintiffs off the property and that RK Associates and MWI changed the locks on the bank branch's office doors. Furthermore, Plaintiffs allege conversion of their remaining personal property by RK Associates and MWI after they were escorted from the premises. Judging from the record, the Court finds that there is a possibility that Plaintiffs can establish a cause of action against the resident defendant. Triggs, 154 F.3d at 1287. At the very least, Plaintiffs have a possibility of stating a viable cause of action against the landlord RK Associates for conversion of their equipment and for unlawful ejectment. Defendants themselves note that joinder is deemed legitimate when such possibility exists.
Continually in our changing society we are learning how to interact .docxalfredacavx97
Continually in our changing society we are learning how to interact with people who have different beliefs, values, and attitudes. In 1-2 pages, describe a time when you had to learn about a new culture or way of life. (This could be another country, a different part of the USA, a new business, or a different school or family, and so on.) Using one theory from Module 02's reading and study, explain how the experience helped sharpen your communication skills. Explain how you were enriched by the experience.
If you quote an outside resource, please follow APA citation format.
.
Context There are four main categories of computer crimeComput.docxalfredacavx97
Context:
There are four main categories of computer crime:
Computer as the target of criminals,
criminals using computers to commit crimes,
computers being incidental to a crime, and
crime being facilitated due to the vast numbers of computers and digital devices in use today.
It is important to distinguish between these categories of computer crime in order to realize the different ways that digital devices can be involved in criminal activity.
Task Description:
Search the Internet or the library and find a real-world example of each of the four types of computer crime. Write a 5 page (1800 words) paper using APA Style. Discuss the specific crime that you found in each category, its effects on the target, and the social and economic cost of recovering from the crime.
.
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LLAW 110BRIEFSChoose one (1) case fr.docxSHIVA101531
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Choose one (1) case from the following list and write a brief on behalf of Plaintiff or Defendant.
Your grade will be based upon: (1) quality of writing and (2) quality of research (3) depth of analysis and legal reasoning. Please analyze your case carefully.
1. The developers of a luxury building entered into contracts with 41 prospective condo owners to sell each of them an apartment. Every contract stated that the buyer would be entitled to the return of the deposit if at least one sale didn't occur by September 1, 2008. The first sale took place on February 9, 2009. The prospective purchasers of the apartments are suing to recover their $16 million in security deposits. The developers claim that the documents contain a trivial error; that the date was intended to be September 1 2009.
2. Harry Smith, 84, hired a real estate brokerage firm to rent a studio apartment in his townhouse. Martin, 27, a broker, at the firm made him a proposition. "Why not rent it to me instead? The result was that Mr. Smith signed two handwritten leases on two studio apartments in his house with Martin and Martin's father for below market rates and for terms of up to 20 years. One apartment was rented for $1,167 a month and the other for $400.a month and they paid one year's rent in advance. The least expensive apartment in that area is $1950 a month. Now, Smith who needs the money, can't sell his house. "I am not a very good negotiator and I am not very good with numbers, "Mr. Smith said, "That was why I hired a broker to help rent the apartment." Smith is suing the brokerage firm and Martin. Martin was dismissed from the brokerage firm, but maintains that he did nothing wrong.
3. John Jones was working for a firm at which he had substantial benefits and would have been entitled to stock options. Then Robert Smith of XYZ Corp. offered Jones a position, promising him a large bonus if the company’s earnings exceeded $39.1 million within 3 years. Relying on that promise, Jones left his job and took the position at XYZ Corp. By the end of the 3rd year, projections indicated that XYZ’s earnings would exceed the required level. Jones left the company at the end of the 3rd year and later asked for his bonus. Robert Smith responded “no” stating that as Jones no longer worked for the company, he was not entitled to his bonus. Jones is suing, claiming that he is entitled to damages under the doctrine of promissory estoppel because he left a lucrative and secure position to take the job at XYZ Corp.
4. Matthew Lo ordered file cabinets from Triangle Manufacturing Company. The
contract stated that 50 file cabinets were to be delivered at $40 per cabinet in 5
equal installments. After delivery of 2 installments (20 cabinets,) Triangle
informed Matthew that it was losing money and would promise to deliver the
remaining cabinets only if Matthew would pay $50 per cabinet. Matthew agreed
and then refused to pay the additional amount. Triang ...
Law Society of Singapore v Tan Phuay Khiang [2007] SGHC 83surrenderyourthrone
This document summarizes a court case from 2007 regarding a lawyer, Tan Phuay Khiang, who was accused of misconduct in his representation of clients in the sale of their home. Specifically:
1) Tan represented clients in selling their home, but prepared documents authorizing distribution of sale proceeds to parties he had previous relationships with, including ones who referred clients to him, without properly advising the clients or protecting their interests.
2) A disciplinary committee found Tan guilty of failing to advance his clients' interests, but dismissed other charges regarding specific documents.
3) The court ultimately suspended Tan from practice for two years for his misconduct in handling conflicts of interest and not protecting his clients.
Two convicted tax fraudsters, Syed Ahmed and Shakeel Ahmad, must repay £92.3m to HMRC, the largest confiscation order ever secured by the agency. They were part of a 21-person gang that stole £37.5m through a complex VAT fraud scheme involving computer parts. If they do not repay the full amount within two months, they will face an additional 10 years in prison on top of their current 7-year sentences. HMRC pursued this case aggressively to recover stolen funds and deter similar fraud schemes.
The plaintiff, Justice Miller, was terminated from their position as a talent agent at the defendant, Jace Talent Agency. Miller claims this was a breach of their employment contract. The contract stated Miller could only be fired for "detrimental conduct," and Miller argues their actions did not meet this standard. Jace Talent Agency claims Miller's conduct at a movie premiere event was detrimental. Both parties have filed motions regarding the other side's expert witnesses who are scheduled to testify at trial about whether Miller's conduct was detrimental. The court must now determine the admissibility of each expert's testimony.
Short Answer41) Sally operates a large manufacturing firm near.docxlesleyryder69361
Short Answer
41) Sally operates a large manufacturing firm near a federal land preserve known for its waterfowl and fauna. The federal government has just filed suit against Sally and her corporation, charging them with criminal violations of various environmental protection statutes. What rights do Sally and her corporation have that are guaranteed under the United States Constitution?
42) John was driving his car in a careless way, failing to drive as a reasonably prudent person would under the driving conditions. Ramona was crossing the street in a careless way, failing to cross as a reasonably prudent person would. John struck and injured Ramona with the car John was driving. At trial, it was determined that John was 80 percent at fault and that Ramona was 20 percent at fault. The injuries sustained amounted to $100,000. Explain how much, if any, recovery Ramona would receive in a state that applies the contributory negligence rule. Do the same thing for a state that applies the comparative negligence rule.
43) Herman Corporation is engaged in preparing a marketing campaign consisting of electronic and print images. Drawings and photographs for the campaign are coming from a variety of sources, including popular magazines, international newspapers, and web sources. The marketing vice president asserts that the company may use the images under the fair use doctrine. What factors should be considered in the application of the fair use doctrine?
44) Louise owned a house next to Robert's house. Robert made a contract with Midcity Painters to paint his house. The painters arrived to paint Robert's house, but mistakenly painted Louise's house. She saw the painters at work and made no comment. Later, Midcity Painters sent Louise a bill for painting her house. She claimed that she was not liable because she had not made any contract with them. Is this a valid defense?
45) Mary offered to sell Mike several pieces of rare Chinese art at a very good price because they were duplicates in her own collection. Mike could not accept the offer at that time, but he did give Mary $500 in return for her promise to keep her offer open for three (3) weeks. Mike returned with the agreed-upon balance two weeks later to find that Mary already had sold the pieces she had offered to sell to him. Mary explained that she had been able to get a better price from another buyer. She offered to return Mike's $500 and insisted that this was all she was obligated to do. Is Mary right?
46) John received a promotion at work and felt new clothes would be necessary in the new position. John went to a local store and charged three ties on his charge account at a cost of $60 each. Bill, a friend of John's, saw a sidewalk vendor selling ties at a cost of three for $10 and bought three at that price. The friends compared purchases that night and found that they had purchased identical ties. John became enraged and said that he would not pay the charge-account bill because the t.
The Bribery Act 2010 comes into force Bark & Co Solicitors - Specialist Fraud...Ascencion Axelquist
Met Police review Daniel Morgan murder over News of the World link It is reported that the Met Police will now investigate a News of The World link concerning the Daniel Morgan Murder (R v Vian & Others). Details reported [here] in the Guardian Mr Glen Vian, represented by Bark & Co, was acquitted in March 2011. Read more (Last updated: 01.03.2012) Kweku Adoboli pleads not guilty at Southwark Crown Court Mr Adoboli has today entered a plea of not guilty at Southwark Crown Court.
The document discusses the key aspects of offers under contract law:
(1) It defines an offer according to Malaysian law as when one party indicates willingness to be bound by a contract upon the other's acceptance.
(2) It examines the case Preston Corpn Sdn Bhd v Edward Leong which established that for there to be a valid offer, the terms must clearly express intent to be bound once accepted.
(3) It discusses the requirements for a valid offer including being clear, specific, lawful and the distinction between offers made to an individual or public. Advertisements are generally considered invitations to treat rather than offers unless exceptional circumstances indicate otherwise.
Basics of Real Estate Disclosures in Arizona & The Legal Consequences of Misr...Jackson White, P.C.
This document discusses real estate disclosure requirements and misrepresentation in Arizona. It provides examples of facts that must be disclosed to buyers, such as structural issues, plumbing problems, or termite infestations. It also outlines disclosure forms required for different property types like commercial, vacant land, and residential. The legal consequences of misrepresentation are explained, along with case examples where sellers, brokers, inspectors were found liable for failing to disclose or providing misinformation.
An offer is made when one party indicates a willingness to be bound if the other party accepts. An offer is different from an invitation to treat, which merely invites further negotiations. Displays of goods and advertisements are usually invitations to treat rather than offers, allowing either party to back out. However, an advertisement can be an offer if the wording and context show a clear intent to be bound if accepted. An offer can generally be withdrawn at any time before acceptance.
The document provides an overview of various legal issues related to reputation management and attacks on brands, including defamation, malicious falsehood, breach of confidence, and intellectual property laws. It then discusses the tort of malicious falsehood in more detail, outlining what must be proven in a claim for malicious falsehood. It provides an example case regarding misleading product labeling.
The document discusses the objective test for determining whether parties have reached an agreement in contract law. It explains that the test examines what was communicated between the parties through words and conduct, rather than their subjective intentions. This objective approach promotes certainty in commercial agreements. Two exceptions are mentioned where subjective intentions may be considered - if the offeree knows the offeror has made a mistake, or if the offeree is at fault for failing to notice a mistake. The document analyzes several cases that apply the objective test, such as Smith v Hughes and Centrovincial Estates.
Sample complaint for rescission of contract in CaliforniaLegalDocsPro
This sample complaint for rescission of contract in California also contains causes of action for fraud, reformation of contract, usury violations, unfair business practices, cancellation of written instruments, declaratory relief, injunctive relief and an account. The sample complaint was used to sue an individual private lender that defrauded an individual and used undue influence to convince them to sign an amended promissory note with an usurious annual interest rate of 18%, and then started non-judicial foreclosure proceedings by claiming an inflated amount due on the notice of default. The sample complaint on which this preview is based is 16 pages and includes brief instructions and a sample verification. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Willey McKay, a football agent, won a substantial libel damages case against Express Newspapers. An article in the Daily Express falsely claimed McKay was under investigation for transfer fraud in France and his meeting with an inquiry in the UK was an "interrogation". McKay sued for libel and won damages. The newspaper accepted the allegations were untrue and agreed to pay McKay's legal costs.
In a separate case, a judge ruled that provisions allowing variation of periodic damages payments under the Damages Act 1996 could be used in non-exceptional circumstances. The Court of Appeal dismissed an appeal against this interpretation.
A third case discussed involved a borrower, Eric, who took out a loan for
Chapter Ten The Law of Contracts and Sales—IIIn our discussion of .docxmccormicknadine86
Chapter Ten The Law of Contracts and Sales—II
In our discussion of the law of contracts in Chapter 9, we were concerned that agreements be enforceable. We noted that without enforceability of contract law by a court, there would be no predictability for enterprises that produce and sell goods. Without this there would be no security and financial stability for a firm. We would see the risk of loss increase and entrepreneurship decline if contracts were not enforceable at all levels of the manufacturing, marketing, and distribution of services and goods.
In this chapter we carefully examine the methods by which a contract can be discharged (particularly through performance), as well as the remedies that are possible for firms and individuals who are injured by a breach of contract for the sale of goods (Articles 2 and 2A of the Uniform Commercial Code [UCC]). E-contracts are highlighted and the concepts underlying them are distinguished from traditional contract principles. This chapter also addresses the international dimensions of contracts and sales agreements.Critical Thinking About The Law
In Chapter 9, we emphasized the importance of predictability and stability for those who enter into contracts. Nevertheless, we do not want parties to jump immediately to the conclusion that they have a contract every time they talk about an exchange. Instead, we want to make it possible for people to talk about an exchange without having actually made a commitment to the exchange. Why?
To aid your critical thinking about issues surrounding contract formation and performance, let’s look at a fact pattern involving concert tickets.
Jennifer and Juan were recently involved in a breach-of-contract case. Juan had two extra tickets to a Garth Brooks concert, and he agreed to sell these tickets to Jennifer. After they had agreed on the price, Juan promised to give the tickets to Jennifer the next day. The next day, however, Jennifer did not want the tickets. Jennifer had discovered that it was an outdoor afternoon concert. Jennifer argued that she should not have to buy the tickets because she is allergic to sunlight and unable to spend any extended period of time outside. The judge ruled in favor of Jennifer.
1. What ethical norms seem to dominate the judge’s thinking (see Chapter 1)?
Clue: We have said that security is one reason for enforcing contracts. Review your list of ethical norms. Which norms seem to conflict with security in this case?
2. What missing information might be helpful in this case?
Clue: To help you think about missing information, ask yourself the following question: Would the fact that Juan knew that Jennifer was allergic to sunlight affect your thinking about this case?
3. What ambiguous words might be troublesome in this case?
Clue: Examine the reasoning that Jennifer uses to argue that she should be released from the contract.
Methods of Discharging a Contract
When a contract is terminated, it is said to be discharged. A contract m ...
RK Associates, Raanan Katz Were Alleged In Unlawful Ejectment In Miamirkcenters
Defendants do not dispute, that security guards threw Plaintiffs off the property and that RK Associates and MWI changed the locks on the bank branch's office doors. Furthermore, Plaintiffs allege conversion of their remaining personal property by RK Associates and MWI after they were escorted from the premises. Judging from the record, the Court finds that there is a possibility that Plaintiffs can establish a cause of action against the resident defendant. Triggs, 154 F.3d at 1287. At the very least, Plaintiffs have a possibility of stating a viable cause of action against the landlord RK Associates for conversion of their equipment and for unlawful ejectment. Defendants themselves note that joinder is deemed legitimate when such possibility exists.
Similar to MANSION --- Auction King Under Attack ---Concierge Auction.docx (20)
Continually in our changing society we are learning how to interact .docxalfredacavx97
Continually in our changing society we are learning how to interact with people who have different beliefs, values, and attitudes. In 1-2 pages, describe a time when you had to learn about a new culture or way of life. (This could be another country, a different part of the USA, a new business, or a different school or family, and so on.) Using one theory from Module 02's reading and study, explain how the experience helped sharpen your communication skills. Explain how you were enriched by the experience.
If you quote an outside resource, please follow APA citation format.
.
Context There are four main categories of computer crimeComput.docxalfredacavx97
Context:
There are four main categories of computer crime:
Computer as the target of criminals,
criminals using computers to commit crimes,
computers being incidental to a crime, and
crime being facilitated due to the vast numbers of computers and digital devices in use today.
It is important to distinguish between these categories of computer crime in order to realize the different ways that digital devices can be involved in criminal activity.
Task Description:
Search the Internet or the library and find a real-world example of each of the four types of computer crime. Write a 5 page (1800 words) paper using APA Style. Discuss the specific crime that you found in each category, its effects on the target, and the social and economic cost of recovering from the crime.
.
Continue to use the case study (A&D High Tech) and Risk Management .docxalfredacavx97
Continue to use the case study (A&D High Tech) and Risk Management Plan Template to identify, evaluate, and assess risk. For this part of your risk plan, use qualitative and quantitative processes, such as:
Sensitivity analysis.
Expected monetary analysis.
Monte Carlo simulation.
Decision tree analysis.
PERT tree analysis.
Also, use compare and contrast techniques for identifying risks, such as:
Brainstorming.
The Delphi Technique.
Ishikawa diagrams.
Interviewing processes.
Include the following sections in your Risk Management Plan submission:
3.1 Determine the Risks
(Identify and evaluate the types of risk that the project may encounter.)
3.2 Evaluate and Assess the Risks
(Define the elements of the risk breakdown structure for use in evaluating project risk. Analyze the impact of risk on project outcomes. Integrate risk analysis techniques to create a risk breakdown structure).
3.3 Qualitative and Quantitative Processes
(Apply qualitative and quantitative risk analysis. Use sensitivity analysis, expected monetary analysis, decision tree analysis, Monte Carlo simulation, and/or the PERT tree analysis).
.
Continue to use the case study, evaluate, and assess risk. Use quali.docxalfredacavx97
Continue to use the case study, evaluate, and assess risk. Use qualitative and quantitative processes, such as:
Sensitivity analysis.
Expected monetary analysis.
Monte Carlo simulation.
Decision tree analysis.
PERT tree analysis.
Also, use compare and contrast techniques for identifying risks, such as:
Brainstorming.
The Delphi Technique.
Ishikawa diagrams.
Interviewing processes.
Include the following sections:
Section 3—Risk Identification
3.1 Determine the Risks
(Identify and evaluate the types of risk that the project A&D may encounter.)
3.2 Evaluate and Assess the Risks
(Define the elements of the risk breakdown structure for use in evaluating project risk. Analyze the impact of risk on project outcomes. Integrate risk analysis techniques to create a risk breakdown structure).
3.3 Qualitative and Quantitative Processes
(Apply qualitative and quantitative risk analysis. Use sensitivity analysis, expected monetary analysis, decision tree analysis, Monte Carlo simulation, and/or the PERT tree analysis).
.
CONTEXT ASSIGNMENT # 6For this assignment, we are going to take .docxalfredacavx97
CONTEXT ASSIGNMENT # 6
For this assignment, we are going to take president Obama’s State-of the-Union speech
out of context
. You will go through the speech looking for phrases to spin out-of-context.
You will use at least three quotes from the speech. Please put the quotes in a
bold
font. Pay extra attention to how the quote is introduced. Make sure it flows. Make sure it is set up so that the quote
illustrates a point
. Also, pay extra attention to your rhetoric after the quote. Make sure it explains (or feeds off of) the quote you used.
Just like all the assignments in this portfolio, you will be developing points. The difference here is that your example / illustration will be a quote from the president.
ADDITIONAL REQUIREMENTS
1. Exactly 1 page long so the last word is the last word that can fit on the page.
2. No grammar errors!
3. Pay extra close attention to the way the quotes are introduced.
4. Make sure your writing is clear, direct, concise, and strong.
In other words, revise, proofread and edit your work.
Use the 5-editing techniques after you’ve written the first draft
eliminate redundancies
avoid wordy expressions
cut awkward sentence openings
vary your sentence structure
use strong verbs
.
Media and SocietyMedia HistoryJOHN DEWEY – 185.docxalfredacavx97
Media and Society
Media History
JOHN DEWEY – 1859-1952
Harold A. Innis
1894-1952
Marshall McLuhan – 1911-1980
Walter J. Ong, S.J.
1912-2003
Robert W. McChesney – 1952-
Three Historical Narratives:
Oral to Electronic Culture
Oral Culture – all interactions take place in face-to-face discussions.
Written Culture – a shared system of inscription in a literate society exists so that communication can take place outside of face-to-face discussions across time and space.
Print Culture – an expansion of Written Culture that encompasses the consequent social and cultural changes that result from the proliferation of printer material.
Electronic Culture – communication transcends time and space.
There is a different sense of time in Oral Culture, according to Ong.
Since there are no records, memory cannot be recorded. History
can only reside in the present, in the telling of the story. Memory
is thematic and formulaic. The story may vary very little from telling to
telling over time, but the words and phrases used may differ.
Performance is the key to authorship. Every time a story is told or a work is
performed, it is shaped by the performer and provides a new model for future performances.
Oral cultures are relatively homogeneous with respect to knowledge and social norms but public and shared across generations.
Written Culture, according to McLuhan , has been the means of creating
‘civilized man.’
According to Innis, written communication allowed societies to persevere through time by creating durable texts which could be handed down and referred to. This allowed for control of knowledge by certain hierarchies and also allowed for centralized control to expand over a wider area.
Audiences could be remote in time and space, and the communicator could guarantee that the message received is identical to the one sent without having to rely on the memory of the messenger. The communicator could reach a wider and more disparate audience.
Print Culture – the ability to mechanically reproduce text freed writing
from its reliance on an elite group of individuals and guaranteed that
each copy of the text would be identical to every other copy.
Printing was instrumental in the development of a secular society and in the establishment of a democracy among the upper classes in early
modern Europe, according to historian, Elizabeth Eisenstein.
Printing reinforced the sense of individuality and privacy and makes
Introspection possible.
Printing enabled the emergence of the newspaper and the novel, and
altered the very structure of human consciousness and thought.
Electronic Culture – the telegraph reorganized people’s perception of space and time; it enabled the transmission of messages across space, and it fostered a rational reorganization of time. The telegraph also separated transportation from communication.
According to Innis, electronic culture allows for a new fo.
Coping with Terrorism Is the United States making progress in re.docxalfredacavx97
Coping with Terrorism"
Is the United States making progress in reducing or preventing terrorism? Explain your answer.
If the United States is NOT making progress, what would have to happen to make the efforts against terrorism more effective?
If the United States IS making progress, to what do you attribute this success?
.
MEDIA AND DIVERSITY IN CULTURECOM-530 MEDIA AND DIVE.docxalfredacavx97
This document discusses key concepts related to microcultures and media, including media literacy, hyper-commercialism, critical culture approach, and stereotypes. It also discusses representations of microcultures in terms of identity, participation, community, and diversity. Finally, it addresses audience perception, critical culture and media approaches, and the importance of media literacy in developing strong critical thinking skills from a young age to understand different media messages and interpretations.
Medeiros LNB de, Silva DR da, Guedes CDFS et al. .docxalfredacavx97
Medeiros LNB de, Silva DR da, Guedes CDFS et al. Prevalence of pressure ulcers in intensive...
English/Portuguese
J Nurs UFPE on line., Recife, 11(7):2697-703, July., 2017 2697
ISSN: 1981-8963 ISSN: 1981-8963 DOI: 10.5205/reuol.10939-97553-1-RV.1107201707
PREVALENCE OF PRESSURE ULCERS IN INTENSIVE CARE UNITS
PREVALÊNCIA DE ÚLCERAS POR PRESSÃO EM UNIDADES DE TERAPIA INTENSIVA
PREVALENCIA DE ÚLCERAS POR PRESIÓN EN UNIDADES DE TERAPIA INTENSIVA
Luan Nogueira Bezerra de Medeiros1, Deyvisson Ribeiro da Silva2, Cintia Danielle Faustino da Silva Guedes3,
Thuanne Karla Carvalho de Souza4, Belisana Pinto de Abreu Araújo Neta5
ABSTRACT
Objective: to detect the prevalence of Pressure Ulcers (PUs) in patients admitted to Intensive Care Units
(ICUs). Method: cross-sectional, quantitative study, developed in an emergency and trauma reference
hospital in the State of Rio Grande do Norte located in the eastern sanitary district of Natal (RN), Brazil.
Results: the prevalence found of PUs was 69% in the four ICUs. Individually, the Cardiac ICU had an incidence
of 44.4%; the Bernadete ICU, 85.7%; the General ICU, 60%; and the Emergency ICU, 87.5%. Conclusion: It is
necessary to focus on a strategic planning for prevention and treatment measures to reduce the PU indexes in
the institution. Descriptors: Nursing; Pressure Ulcer; Intensive Care Units; Prevalence.
RESUMO
Objetivo: detectar a prevalência de Úlceras por Pressão (UPs) em pacientes internados em Unidades de
Terapia Intensiva (UTIs). Método: estudo transversal, de abordagem quantitativa, desenvolvido em um
hospital de referência para o estado do Rio Grande do Norte em urgência e trauma, situado no distrito
sanitário leste do município de Natal (RN), Brasil. Resultados: a prevalência encontrada de UPs foi de 69% nas
quatro UTIs. Individualmente, a UTI Cardiológica apresentou 44,4%; UTI Bernadete, 85,7%; UTI Geral, 60%; e
UTI do Pronto-Socorro, 87,5% de prevalência de UPs. Conclusão: é necessário nortear um planejamento
estratégico para medidas de prevenção e tratamento para redução dos índices de UPs na instituição.
Descritores: Enfermagem; Úlcera por Pressão; Unidades de Terapia Intensiva; Prevalência.
RESUMEN
Objetivo: detectar la prevalencia de Úlceras por Presión (UPs) en pacientes internados en Unidades de
Terapia Intensiva (UTIs). Método: estudio transversal, de enfoque cuantitativo, desarrollado en un hospital de
referencia para el estado de Rio Grande do Norte en urgencia y trauma, situado en el distrito sanitario este
del municipio de Natal (RN), Brasil. Resultados: la prevalencia encontrada de UPs fue de 69% en las cuatro
UTIs. Individualmente, la UTI Cardiológica presentó 44,4%; UTI Bernadete, 85,7%; UTI General, 60%; y UTI de
Pronto-Socorro, 87,5% de prevalencia de UPs. Conclusión: es necesario guiar un planeamiento estrategico
para medidas de prevención y tratamiento para reducción de los índices de U.
Measuring to Improve Medication Reconciliationin a Large Sub.docxalfredacavx97
Measuring to Improve Medication Reconciliation
in a Large Subspecialty Outpatient Practice
Elizabeth Kern, MD, MS; Meg B. Dingae, MHSA; Esther L. Langmack, MD; Candace Juarez, MT; Gary Cott, MD;
Sarah K. Meadows, MS
Background: To assess performance in medication reconciliation (med rec)—the process of comparing and reconciling
patients’ medication lists at clinical transition points—and demonstrate improvement in an outpatient setting, sustainable
and valid measures are needed.
Methods: An interdisciplinary team at National Jewish Health (Denver) attempted to improve med rec in an ambulatory
practice serving patients with respiratory and related diseases. Interventions, which were aimed at physicians, nurses (RNs),
and medical assistants, involved changes in practice and changes in documentation in the electronic health record (EHR).
New measures designed to assess med rec performance, and to validate the measures, were derived from EHR data.
Results: Across 18 months, electronic attestation that med rec was completed at clinic visits increased from 9.8% to 91.3%
(p < 0.0001). Consistent with this improvement, patients with medication lists missing dose/frequency for at least one prescription-
type medication decreased from 18.1% to 15.8% (p < 0.0001). Patients with duplicate albuterol inhalers on their list decreased
from 4.0% to 2.6% (p < 0.0001). Percentages of patients increased for printing of the medication list at the visit (18.7% to
94.0%; p < 0.0001) and receipt of the printed medication list at the visit (52.3% to 67.0%; p = 0.0074). Documentation
that patient education handouts were offered increased initially then declined to an overall poor performance of 32.4% of
clinic visits. Investigation of this result revealed poor buy-in and a highly redundant process.
Conclusion: Deriving measures reflecting performance and quality of med rec from EHR data is feasible and sustainable
over the time periods necessary to demonstrate change. Concurrent, complementary measures may be used to support the
validity of summary measures.
Medication reconciliation (med rec) is the process of sys-tematically and comprehensively reviewing the
medications a patient is taking, to ensure that medications
added, changed, or discontinued are evaluated for poten-
tial safety concerns. One of the three current Joint
Commission National Patient Safety Goals (NPSGs) on med-
ication safety (Goal 3), concerns medication reconciliation,
which ambulatory care organizations have been expected to
perform since 2005. The current version of the goal
(NPSG.03.06.01), effective July 1, 2011, stipulates that am-
bulatory care organizations maintain and communicate
accurate patient medication information.1 One require-
ment is that the organization obtain the patient’s medication
information at the beginning of an episode of care, with the
information to be updated when the patient’s medications
change. Ideally, med rec should occur at each transition of
care or han.
Contributing to the Team’s Work Score 20 pts.20 - 25 pts..docxalfredacavx97
Contributing to the Team’s Work
Score : 20 pts.
20 - 25 pts.
Feedback:
High contribution
Interacting with Teammates
Score : 19 pts.
13 - 23 pts.
Feedback:
Moderate level of interaction
Keeping the Team on Track
Score : 23 pts.
20 - 25 pts.
Feedback:
Highly skilled at keeping on track
Expecting Quality
Score : 14 pts.
12 - 15 pts.
Feedback:
High quality expectations
Having Relevant Knowledge, Skills, and Abilities (KSAs)
Score : 9 pts.
8 - 10 pts.
Feedback:
Highly relevant knowledge and skills
Feedback score:
Score : 85 pts.
Range-based Feedback:
84 - 105 pts.
Feedback:
Highly effective team member
Complete
the "Evaluate Team Member Effectiveness" self-assessment.
Write
a 700- to 1,050-word paper in which you address the following:
Do you agree with your results?
Based on your self-assessment, what do you see as your strengths and weaknesses regarding working on a team?
Have you ever engaged in social loafing while on a team? Why or why not?
How does working effectively on a team give you an advantage in the workplace?
How do groups normally develop?
How does the effectiveness of the team members influence the group's development process?
Format
your paper consistent with APA guidelines.
.
Measuring Performance at Intuit A Value-Added Component in ERM Pr.docxalfredacavx97
Measuring Performance at Intuit: A Value-Added Component in ERM Programs
ABC Organization is looking to improve on their Enterprise Risk Management (ERM) program. A board member saw Intuit’s ERM Performance Measurement Model case study. As with any ERM program, Intuit’s program has continued to evolve since 2009.
Intuit’s ERM program began with the company's practice of risk management on an ad hoc basis. When a problem occurred, team were formed to address the issue. When it was over, it was back to business as usual. In the late 2000’s, Intuit’s ERM program focused on building a sustainable risk management capability. The program provided leadership with current and emerging risks to help them make strategic decisions. Intuit built the program using a ERM maturity model to get the right foundation. It was realized that executive leadership needed to measure the performance of the program. So key risk indicators (KRIs) were used to understand the potential emerging risks and any trends that may impact current risks. Also, key performance indicators (KPIs) can help in understanding and manage current risks. By identifying these KRIs and KPIs in the, the case study reader should gain an understanding of the importance of and the need to incorporate these indicators.
As risk manager, you are responsible for ensuring your organization minimizes its risks. Your board became aware of this case study and has asked you to create a presentation for the next board meeting where you will present information about this case study and the effects of implementing KPIs and KRIs at Intuit.
Create a PowerPoint® narration report of at least 20 slides based on your findings about this case study along with the message that is delivered based upon this case (not including the cover page and reference page). If you do not own a copy of Microsoft PowerPoint use a comparable slide software or Google Slides (free and accessible from Google.com). In the presentation, address the following from the Intuit ERM program:
· What represents the key performance indicators of the ERM program?
· What represents the key risk indicators of the ERM program?
· What improvements would you make?
· Does this represent an effective risk management program? If not, what is missing? (Support your response with details from the case study and properly cited references.)
· Would this program work for a publicly traded corporation of similar size?
· How important do you view alignment and accountability among a management team?
Make sure to provide a reference slide that provides APA citations of any sources used in the PowerPoint presentation. This slide does not require narration. Written Parameters/Expectations:
· At least 20 slides in length, with each slide having a written narration in Standard English explaining the key ideas in each slide.
· The written narrative presentation should have a highly developed and sustained viewpoint and purpose.
· The written communication.
Controversial Issue in Microbiology Assignment Use of antibacte.docxalfredacavx97
Controversial Issue in Microbiology Assignment
:
Use of antibacterial soaps. Are they helpful? Are they potentially harmful?
Assignment due (uploaded to Acorn) on: Oct 16
Format: Essay (1-2 pages, double spaced plus references)
The assignment should include:
- a discussion of a controversial issue in microbiology (in list provided or propose an idea to me)
- literature supporting / denying the controversial issue
- your ideas on the issue
- the real world relevance of the issue
- a list of references (primary literature should be the majority of your sources and each idea mentioned should be cited)
.
Control measures for noncommunicable disease may start with basic sc.docxalfredacavx97
Control measures for noncommunicable disease may start with basic screening initiatives and end with the development and implementation of preventive population-based measures and activities.
As a newly trained Epidemic Intelligence Service (EIS) officer, you are asked to develop a population-based prevention program for a chronic disease.
Identify a chronic disease that can be detected through screening. Describe how screening influences and enhances prevention. Discuss how and where you would implement a screening initiative and who would be the core or target population.
.
Contrasting Africa and Europes economic development.Why did Europ.docxalfredacavx97
Contrasting Africa and Europe's economic development.
Why did Europe develop more quickly than Africa?
Using the text book and/or lecture notes:
list and explain 5 advantages Europe possessed that Africa lacked in its economic development.
Minimum requirement 1 (one) page, typed, doubled spaced.
due 10/26 noon LAtime
.
Measure the dependence of the resistance in the spinel Lu2V2O7 on .docxalfredacavx97
Measure the dependence of the resistance in the spinel Lu2V2O7 on ionic liquid doping
"I Have a Dream," Address Delivered at the March on Washington for Jobs and Freedom
Author:
King, Martin Luther, Jr. (Southern Christian Leadership Conference)
Date:
August 28, 1963
Location:
Washington, D.C.
Genre:
Audio
Speech
Topic:
March on Washington for Jobs and Freedom, 1963
Audio:
Listen to Audio
Details
In his iconic speech at the Lincoln Memorial for the 1963 March on Washington for Jobs and Freedom, King urged America to "make real the promises of democracy." King synthesized portions of his earlier speeches to capture both the necessity for change and the potential for hope in American society.
I am happy to join with you today in what will go down in history as the greatest demonstration for freedom in the history of our nation. [applause]
Five score years ago, a great American, in whose symbolic shadow we stand today, signed the Emancipation Proclamation. This momentous decree came as a great beacon light of hope to millions of Negro slaves [Audience:] (Yeah) who had been seared in the flames of withering injustice. It came as a joyous daybreak to end the long night of their captivity. (Hmm)
But one hundred years later (All right), the Negro still is not free. (My Lord, Yeah) One hundred years later, the life of the Negro is still sadly crippled by the manacles of segregation and the chains of discrimination. (Hmm) One hundred years later (All right), the Negro lives on a lonely island of poverty in the midst of a vast ocean of material prosperity. One hundred years later (My Lord) [applause], the Negro is still languished in the corners of American society and finds himself in exile in his own land. (Yes, yes) And so we’ve come here today to dramatize a shameful condition.
In a sense we’ve come to our nation’s capital to cash a check. When the architects of our republic wrote the magnificent words of the Constitution and the Declaration of Independence (Yeah), they were signing a promissory note to which every American was to fall heir. This note was a promise that all men, yes, black men as well as white men (My Lord), would be guaranteed the unalienable rights of life, liberty, and the pursuit of happiness. It is obvious today that America has defaulted on this promissory note insofar as her citizens of color are concerned. (My Lord) Instead of honoring this sacred obligation, America has given the Negro people a bad check, a check which has come back marked insufficient funds. [enthusiastic applause] (My Lord, Lead on, Speech, speech)
But we refuse to believe that the bank of justice is bankrupt. (My Lord) [laughter] (No, no) We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation. (Sure enough) And so we’ve come to cash this check (Yes), a check that will give us upon demand the riches of freedom (Yes) and the security of justice. (Yes Lord) [enthusiastic applause]
.
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When you get back to the station, a colleague tells you he covered a story two years ago on
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MANSION --- Auction King Under Attack ---Concierge Auction.docx
1. MANSION --- Auction King Under Attack ---
Concierge Auctions, a leader in luxury properties,
fights accusations it drums up fake bidders
Clarke, Katherine . Wall Street Journal , Eastern edition; New
York, N.Y. [New York, N.Y]08 Feb 2019: M.1.
ProQuest document link
FULL TEXT
In the competitive world of luxury real estate, Concierge
Auctions is the dominant force in the rapidly growing
business of selling pricey properties to the highest bidder.
Billing itself as the leading marketplace for the world's
most distinguished properties, Concierge in just 10 years has
attracted clients like former basketball star Michael
Jordan, advisers like real estate maven Barbara Corcoran and
partnerships with Sotheby's International Realty and
Engel &Volkers, two of the world's most prestigious real-estate
brokerage firms.
Over that same period, Concierge has also attracted something
else: litigation. The New York and Austin-based
2. firm was named as a defendant in 10 lawsuits filed by clients
since the start of 2014, according to a search of
Courthouse News, a nationwide news service for lawyers and
the media. Five of those suits accused Concierge of
using some form of dummy or fake bidder, either to artificially
drive up the price of homes, or to make it appear to
sellers that there was more interest in their homes than there
was in reality.
Concierge denied the allegations in all of the lawsuits and said
many of them were dismissed after the clients
agreed to settle out of court. It added that four of the lawsuits
resulted in payments to Concierge. None of the shill-
bidding allegations have ever been decided by a judge. Four of
the lawsuits are ongoing.
The company strongly denies it drummed up fake bids.
Concierge attorney Robert S. Wolf described the
allegations generally as "bad-faith efforts to avoid meeting
financial obligations to Concierge." He added that some
of the cases against the firm were filed after Concierge already
commenced an arbitration against the same client.
Ms. Corcoran, who serves Concierge in an advisory capacity,
said she doesn't believe the allegations.
"Concierge Auctions does not and has never used shill or fake
bidders. Any accusation to the contrary is false,"
3. said Laura Brady, president of Concierge. "The bidding for our
auctions can be viewed online in real time, and our
software maintains records of every bid placed and by whom."
She continued: "Every buyer and seller who participates in our
auctions is required to honor their contract
obligations, and it is our policy to take legal action against any
party who fails to perform. From time to time, such
actions have caused the party at fault to retaliate with false
allegations in attempt to push blame for their
nonperformance."
While lawsuits are nothing new in the rough-and-tumble real-
estate business, real-estate attorneys said the
quantity of lawsuits faced by Concierge, and the nature of their
allegations, are a departure in terms of volume
from those usually faced by nationally known real-estate sales
firms. Rivals DeCaro Auctions International and
Paramount Realty USA were each sued once by clients since the
beginning of 2014, according to Courthouse
News. Both are significantly smaller companies in terms of
volume of sales. Concierge disputes the notion it is
sued more often.
The fracas clouds broader efforts by Concierge to rebrand the
auction business -- traditionally viewed as a last-
4. ditch refuge for homeowners in distress -- as an alternative
means of selling luxury properties.
"People are getting hurt," said Howard Appel, who with another
real-estate investor sued Concierge in 2017 in a
federal court in California alleging the company improperly
kept their $285,000 deposit after the seller reneged on
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selling a Fiji home they won at auction. They accused
Concierge of using phony bidders to drive up the price of the
home. The suit is ongoing. Concierge has denied its claims but
declined to comment further, citing pending
litigation.
Five of the 10 lawsuits filed against Concierge since the start of
2014 alleged that Concierge either failed to
disclose registered bidders who had proffered lowball bids, or
used some kind of phony or shill bidder to lure
clients to entrust their properties to the firm's auction process.
The suits define shill bidders in different ways. In
some, they are defined as a nonexistent buyer allegedly
fabricated by Concierge. Others allegedly were buyers who
didn't intend to buy the home but agreed to bid.
5. In 2017, Joanne Brown alleged in a New York state court that
she had agreed to let Concierge auction her
apartment in Telluride, Colo., and was advised by executives
from the company that it would likely trade for
between $10 million and $14 million. A buyer ultimately won
the auction at roughly $7 million, though the deal
never closed.
Ms. Brown alleged that Concierge failed to inform her of the
two lowest registered bids, which were in the $2
million to $3 million range, thereby giving her a false
impression of the average price buyers were willing to pay.
She also alleged that Concierge Chairman Chad Roffers told her
there was a $7 million bid from a buyer named
Chris Shelton; Ms. Brown accused Mr. Shelton of being a "shill
bidder" enlisted to drive up the price of homes at
Concierge's auctions without intending to actually buy.
Mr. Shelton, a real-estate investor based in Nevada, said his bid
on Ms. Brown's property was legitimate. "Any
asset that I bid on, I have intention to buy," he said.
An attorney for Concierge denied the allegations in the suit, and
said the suit was dismissed after Ms. Brown paid
to settle the case. Neither party would comment further on the
terms of the settlement.
6. Seattle businessman Rodger May sued Concierge in 2015,
alleging that the company recruited him to act as a
stalking-horse bidder in an auction for former Lehman Brothers
CEO Dick Fuld's Sun Valley, Idaho, estate.
Having done business with Concierge in the past, Mr. May said
Concierge offered him a $450,000 breakup fee for
his bid, meaning he would receive a payment in return for his
bid when the property went to another buyer. In the
lawsuit, he alleged he was given repeated assurances by
Concierge executives that he would not actually win the
auction, since at least six other bidders were willing to pay
more than the $19 million bid he registered. However,
on the day of the auction, those bidders didn't materialize, Mr.
May alleged, and he was on the hook for the
purchase of a property he didn't actually want. Mr. Fuld's estate
had originally been on the market for $59 million.
In response to questions about the lawsuit, Mr. Wolf,
Concierge's lawyer, sent a redacted copy of a settlement
agreement with Mr. May, showing that Mr. May had paid
Concierge $700,000 to settle the suit. He added that the
suit was filed in response to an arbitration started by Concierge.
The suit was dismissed. Mr. May declined to
comment through his attorney.
7. In 2017, a Texas state court granted the company a temporary
restraining order against recently fired employee
Frank Kivo. Concierge alleged he was seeking to extort it with
claims the company had engaged in fraudulent
bidding activity.
In response, Mr. Kivo, who worked in the company's video
department, sought to have the case dismissed on the
basis that it was intended to censor him. He alleged he had
witnessed Concierge employees placing false bids and
pretending to represent phony bidders on the phone to drive up
the price of homes.
Mr. Kivo also alleged he had attended a company dinner during
which Concierge's executives openly discussed the
practice. Rob Hourmont, a former real-estate investor who said
he was in negotiations to take a job at Concierge at
the time, said he attended the same dinner, during which he
observed Concierge executives, including Mr. Roffers,
"joking and laughing" about fabricating bidders during an
auction. Concierge said there was no such dinner
conversation, adding that Mr. Hourmont didn't get the job at
Concierge.
In an audio recording anonymously sent to The Wall Street
Journal, Mr. Kivo is heard speaking to Jacqueline
Moldawer, a former Concierge employee. "There are some cases
8. where like a seller feels like . . . five bidders is
going to be, like, for whatever reason, the magic number to get
the house sold, even though we know we've got two
or three people that are end users and love the house and are
going to bid aggressively," Ms. Moldawer said in the
recording. "If we have to shove a f------ registration in there
(just like a f------ piece of paper), then so be it . . . It gives
our sellers peace of mind because it's a business they don't
understand."
Ms. Moldawer didn't respond to requests for comment.
Concierge didn't dispute the authenticity of the recording,
but said Ms. Moldawer's comments were part of a longer
conversation that was selectively edited. Concierge
provided a lengthier version of the tape in which Ms. Moldawer
said one particular bidder was legitimate. Mr. Kivo
also appears to be seeking negative information about the
company.
Concierge denies Mr. Kivo's allegations. Court papers show that
the case was settled out of court. Mr. Kivo paid
Concierge $5,500 in costs, and Concierge agreed to say that Mr.
Kivo had resigned rather than being terminated,
according to the settlement agreement.
9. In court papers, the company described Mr. Kivo as a "rogue"
employee who played fast and loose with budgets
and scared his colleagues at a company party, leading the
company to put him in a performance-review program
as a disciplinary action. In a statement, Mr. Kivo said the case's
dismissal didn't negate the merits of his
allegations. He said he has since gone on to run his own
successful production company.
No one disputes that Concierge's business has ballooned in
recent years. Ms. Brady said the company closed
$390 million worth of deals from 96 sales in 2018, up from
$340 million across 81 sales in 2017. She said the
company processed more than $8 billion in bids through its
online platform last year. Concierge is paid by the
buyer in the form of a 12% fee on top of their high bid, which is
customary in high-end asset auctions, Ms. Brady
said. Concierge Auctions has a business sponsorship
arrangement with Dow Jones, the parent company of the
The Wall Street Journal.
A number of high-profile properties have produced less-than-
spectacular auction results.
In December 2017, billionaire Andy Beal's sprawling Dallas
estate -- once listed by a prior owner for as much as
$135 million -- sold for $36.2 million through the auction house
10. to Texas developer Mehrdad Moayedi. Last year,
Mr. Moayedi also purchased via Concierge the Woody Creek
ranch of one-time billionaire Sam Wyly for slightly
more than $14 million, or 75% off its original $60 million
asking price. Last month, Hall of Fame pitcher Randy
Johnson got $7.3 million for his Paradise Valley, Ariz. home,
far short of its original $25 million price tag.
In January, Concierge set a record, selling the most expensive
U.S. home ever sold at auction -- a massive
Versailles-themed estate in Hillsboro Beach, Fla. -- to Teavana
creators Andrew and Nancy Mack. The home sold
for $42.5 million; it was originally on the market for $159
million, according to Concierge, which said that the home
was still the priciest ever sold in Broward County.
Ms. Brady said many of the properties Concierge represents
have spent a long period on the market and
experienced several price cuts. In other words, the properties
could be considered stale, or overpriced. She said
that the Wyly property had endured several price cuts and had
been on the market for around eight years before it
was auctioned, for instance. She also noted that the Beal
property had been listed for as low as $48.9 million
before the auction.
11. Appraiser Jonathan Miller noted that auctions can sometimes
produce disappointing results, since the sellers are
trying to condense a marketing process that can take years into
just six or eight weeks.
"One thing that we do pride ourselves on is providing as much
data and statistics around our past sales, and
making the client aware of all the data driven decisions that are
being made," Ms. Brady said. "Ultimately, it's not
worth what we think its worth or what they think it's worth. It's
worth what the buyers are willing to pay."
She pointed to several success stories, including a Lake Tahoe
mansion that sold for its asking price of $17.5
million last August, and an Austin, Texas, property that sold for
$4.8 million, more than its $4.5 million asking price,
in 2017.
In 2015, after trying unsuccessfully to sell a Deer Valley, Utah
home, real-estate agent Steve Jury advised his client
to try Concierge, which said it would deliver a snazzy global
marketing campaign, Mr. Jury said. Concierge
executives convinced Mr. Jury and his client, an executive at a
large technology company, not to place a reserve --
or minimum sales price -- on the property, he said, arguing that
doing so would attract a wider audience of
12. potential buyers.
Yet, despite repeated reassurances from Concierge executives in
the hours leading up the auction -- including an
email vowing that the seller was "in one of the best positions"
the company had seen for a coming auction -- just a
few people showed up to the event, Mr. Jury said. (In some
cases, the online portion culminates in an in-person
auction.) On Nov. 28, 2015, the property, which had been on the
market for almost $13 million, sold for roughly $6.5
million.
"The gavel came down with a thud, and I was in total shock at
what had transpired,'" Mr. Jury said. "I couldn't
believe it. There were literally more people from Concierge
there that day than there were bidders."
Concierge's Ms. Brady defended the practice of "no-reserve"
auctions, saying they attract a wider pool of
prospective buyers. Sellers can typically cancel the auction 24
hours before the bidding opens if they're not
confident that the interest generated will produce an acceptable
market price, Ms. Brady said. In 2013, for
instance, an auction of Mr. Jordan's palatial Chicago mansion
didn't result in a sale after no bidder offered above
his reserve price of $13 million.
13. Concierge was founded a decade ago by Ms. Brady and Mr.
Roffers. Mr Roffers previously owned a franchise
office of Sotheby's in Sarasota, Fla., where Ms. Brady ran a
team of real-estate agents. Together, they cut their
teeth in the auction business by selling large groups of homes in
the run up to the last real-estate crash. The
company has a satellite office in New York, but is mainly based
in Austin, Texas, where it has more than 60
employees. The company doesn't disclose revenue and profits.
Mr. Roffers said he and Ms. Brady identified auctions as a
growing category. They believed that auctions,
traditionally used to dispense with distressed properties, could
also be used as an attractive tool to sell luxury
properties, which with their high price tags can often take
longer to sell.
Concierge grew quickly off the bat. Homeowners were looking
to unload listings amid a tough economic climate.
Also boosting business was a partnership with Sotheby's, which
recommended Concierge to agents. Mr. Roffers
said the company has grown at an average rate of about 38%
each year, as measured by the total dollar value of its
transactions, regardless of market conditions. A spokeswoman
for Sotheby's declined to comment for this article.
14. "The price transparency we bring to expensive properties
combined with the speed in which we do so can be
jarring, but often the results we deliver are record-setting," Mr.
Roffers said.
---
SOLD! / A FEW RECENT RESULTS FROM CONCIERGE
AUCTIONS
The home: Randy Johnson's Paradise Valley home
Address: 8055 North Mummy Mountain Road
Highest known listing price: $25 million
Lowest asking price: $14.5 million
Sales price at auction: $7.3 million.
Address: 26 Cala Neva Drive, Lake Tahoe, Nev.
Highest known listing price: $19.5 million
Lowest asking price: $14.5 million
Sales price at auction: $17.5 million
Address: 511 Barton Boulevard, Austin, Texas
Highest known asking price: $4.5 million
Sales price at auction: $4.816 million
The home: Playa Vista Isle
15. Address: 935 &939 Hillsboro Mile
Location: Hillsboro Beach, Fla.
Highest known listing price: $159 million
Sales price at auction: $42.5 million.
Credit: By Katherine Clarke
DETAILS
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Subject: Auctions; Luxury homes; Bids; Homeowners
Location: New York
Company / organization: Name: Concierge Auctions LLC;
NAICS: 453998, 531210
Lexile score: 1560 L
Publication title: Wall Street Journal, Eastern edition; New
York, N.Y.
First page: M.1
16. Publication year: 2019
Publication date: Feb 8, 2019
Publisher: Dow Jones &Company Inc
Place of publication: New York, N.Y.
Country of publication: United States, New York, N.Y.
Publication subject: Business And Economics--Banking And
Finance
ISSN: 00999660
Source type: Newspapers
Language of publication: English
Document type: News
ProQuest document ID: 2177059601
Document URL:
https://search.proquest.com/docview/2177059601?accountid=30
530
Copyright: Copyright 2019 Dow Jones &Company, Inc. All
Rights Reserved.
Last updated: 2019-03-03
Database: eLibrary,US Newsstream
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