Incumbent Melissa Rooker, standing, and challenger Jennifer Robinson spoke before a crowd of approximately 40 at the Cedar Roe Library Thursday.The Republican and Democrat running for District 25 State Representative showed consensus on a number of the top priorities frequently cited by their northeast Johnson County constituents at a community forum Thursday — but disagreed on how the area’s representative could be most effective in seeing those priorities realized.At a forum at Cedar Roe Library sponsored by the League of Women Voters, incumbent Melissa Rooker and her Democratic challenger Jennifer Robinson tackled a wide slate of issues, from education and Medicaid expansion to women’s rights and energy policy.On education funding, which both agreed was among the most important issues for voters in the district, Rooker and Robinson both said they would be vocal advocates for better funding. Rooker, who has built a name for herself as an expert on the topic among her colleagues in the House, noted that she had played a pivotal role in blocking charter and voucher legislation that conservatives had attempted to pass. The two also agreed that there was no sensible way to make further cuts to state government to address the growing budget shortfall in the wake of the large tax cuts that began in 2012.“We’re not going to cut our way out of this mess, folks,” Rooker said. “The tax plan is clearly not working. We need to go back and we need to be prepared to make some really tough decisions. Anything we choose to do will be met with a lot of angst and drama and unhappiness, because you’re talking about either enhancements to revenue or budget cuts.”Robinson struck a populist tone at points, charging that state government under the Brownback administration had “bullied women, gay people, the disabled, minorities, teachers, the poor, the uninsured and even our children.” Robinson conceded in remarks throughout the evening that on matters of substance concerning education and Medicaid expansion, there was little difference between herself and Rooker. Her most pointed attack against Rooker came in her closing remarks, when she said she had been disappointed by the fact that Rooker had not joined a group of 500 current and former Republicans to publicly endorse Gov. Sam Brownback’s challenger, Rep. Paul Davis.“It disappoints me greatly that in Johnson County, not one single elected Republican legislator has signed their name to [that effort],” she said. “And that includes you. And I am very disappointed about that.”Rooker countered that taking sides in the divisive battle over who will be governor wasn’t a productive approach. “It’s my job to work with whomever is elected governor,” she said, “and in order to do that, I have been focused on the race for the 25th district.”You can listen the forum discussion in its entirety below: Audio Playerhttps://dfv6pkw99pxmo.cloudfront.net/wp-content/uploads/2014/10/New-Recording-63.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. read more

Mike Baumberger, an attorney representing National Catastrophe Restoration Inc., addresses the city council during a public hearing on the Mission Bowl demolition. Baumberger spoke against demolishing Mission Bowl due to concerns a demolition would go against NCRI’s claims that the building was improved following NCRI repairs.Mission’s city council adopted a resolution that directs city staff to collect “findings of fact” on the condemnation of Mission Bowl, 5399 Martway Street, during a public hearing Wednesday evening. This resolution comes after the building has sat vacant for four years following a fire in April 2015.Jim Brown, the city’s building official, presented his findings from an inspection conducted by himself and the fire marshal on July 8, 2019, which deemed Mission Bowl a dangerous structure. Brown said guidelines for this particular inspection came from the 2012 International Property Maintenance Code.Mission Bowl’s condition has become of concern to city officials.Some factors that contributed to it being deemed a dangerous structure include poor front wall support and roof structure, a leaky roof, disconnected utilities, and the lack of an operating mechanical, fire or plumbing system, Brown said. In addition, the structure has also been deemed an attractive nuisance. On the day of the inspection, Brown said the fire marshal found the front door unlocked.“The building remains, for the most part, in the same condition it was after the fire event,” Brown said. “It hasn’t improved in any way, and it will continue to deteriorate due to weather events and other extremities.”An attorney for National Catastrophe Restoration Inc., Mike Baumberger, provided a public comment to the city council about an approximate $900,000 tax lien his client has on the property. He said NCRI was contacted the same day of the fire to provide remediation and restoration services, and NCRI completed considerable work within the first couple of months following the fire.Baumberger spoke against the demolition of the site due to the concern of potential asbestos removal and a large pit being left behind in the parking lot. He said he and his client are concerned that findings will hurt their case, specifically whether or not NCRI improved the property.A resident also spoke against the demolition of Mission Bowl, and said that the demolition of Mission Bowl sounds like it would be too expensive. Additionally, he said there are alternative approaches to securing the property before a potential rehabilitation and sale of Mission Bowl.City council did not determine themselves whether or not the building is a dangerous structure during the meeting. City staff will present their “findings of fact” as a formal resolution during the Nov. 18 council meeting, which the city council will choose whether or not to adopt. read more

Banks opt out of FDIC program that fully insures IOTA accounts Some banks are dropping out of a federal program that for the past year has provided unlimited deposit insurance for noninterest bearing transaction accounts and lawyers’ IOTA accounts.For lawyers or law firms, this affects funds held in trust at interest for the client or third party, in IOTA for nominal or short-term funds, or in a noninterest bearing account for funds not eligible for IOTA but not invested for the client or third party.The Federal Deposit Insurance Corporation, in response to last year’s banking and financial crisis, increased depositor protection from $100,000 to $250,000 and also on November 21, 2008, provided unlimited coverage for noninterest bearing transaction and IOTA accounts. All Florida banks participated in that Transaction Account Guarantee (TAG) program.TAG was one of the steps the federal government took to shore up the banking system during last fall’s financial crisis. It had been set to expire as of December 31, 2009, but has been extended until June 30, 2010, for banks participating in the initial program. However, those banks will have to pay higher fees to continue that participation.The details of the TAG program were outlined in a December 1, 2008, article in the Bar News .A number of large banks operating in Florida have opted out of the extended TAG program and noninterest bearing and IOTA accounts at those banks will not have unlimited coverage starting January 1, 2010. A list of banks that have opted out of the program can be found on the FDIC’s Web site at www.fdic.gov/regulations/resources/TLGP/optout.htm l. For multi-state banks, check the state in which the bank is headquartered.Also, banks must prominently display in their lobby if they are dropping out of the TAG program.The FDIC still insures up to $250,000 per depositor at banks that have opted out of the extended TAG program. The $250,000 per depositor insurance will be in effect until December 31, 2013. After that, FDIC deposit insurance will revert to the $100,000 per depositor level in place before the financial downturn.The FDIC insurance is per depositor, not per account. For lawyers, that means the $250,000 applies to each client with funds in a trust account, not to the trust account as a whole. However, if a client has other personal funds on deposit in the same bank in insured accounts, the $250,000 limit applies to the combination of the client’s personal and trust account deposits.Florida Bar ethics rules do not require lawyers to split up client or third-party trust deposits among multiple banks to obtain full FDIC insurance coverage. However, Ethics Opinion 72-37 does specify that lawyers act prudently.The opinion says, in part, “[I]n handling clients’ funds, the lawyer is acting as a fiduciary or trustee and is expected to act as a prudent man. Obviously the size of the deposit should be prudent in relation to the size and reputation of the financial institution where it is placed.“If there is any reasonable doubt in the mind of the lawyer as to the security of the deposits, it might then become prudent to divide the trust funds and take advantage of FDIC insurance, having due regard to the requirements of DR 9-102 [now Bar Rule 5-1.1(a)(1)].”Of the 117 failures nationwide in 2008 and through November 20, 2009, only five required FDIC insurance. The remainder had all of their deposits, regardless of size, guaranteed by the bank or banks that took over those institutions. December 15, 2009 Regular News Banks opt out of FDIC program to fully insure IOTA accounts read more

Lee County Bar assists students September 1, 2015 Regular News L ee County Bar assists studentsAs the Lee County Bar Association celebrates 66 years of service, its lawyers have reaffirmed their commitment to the younger members of the community by offering scholarships, hands-on learning activities, team building, civics education, recognition of educational excellence, career shadowing experience, mentorship, and fundraising on behalf of young people throughout the year.LCBA President Anne Dalton declared 2015 to be the LCBA Year of Professionalism and Ethics.“Our American way of life is rapidly changing to a global perspective,” Dalton said. “American youth, in many ways, are in the forefront of that development, both technologically and culturally. Our traditional concepts of ethics and professionalism also need to change to fit current mores. However, the underpinnings of these concepts stay the same and the Bar must convey that perspective to our children through actions, not words.”The bar and judiciary recently raised $20,500 for the Alliance for the Arts’ youth scholarship programs to open arts educational opportunities to children of limited means. read more

LSI President Brett Tennar says, “Steve’s success in developing operational strategies that improves the bottom line, builds teamwork, reduces waste and ensures quality product development and distribution checks many of the boxes of what we were looking for in a COO. This, coupled with his career in the Air Force working with highly technical systems and his in-depth understanding of Lean Six Sigma and Business Process Management sealed our offer. As our tagline states, our products are Powered by Science. This data driven approach is one reason why our company has grown exponentially as we employ the most advanced technology to product development. I am confident that Steve is the right person to drive operational strategy for our diverse and growing brands.” Advertisement With more than 20 years of experience across multiple industries and functional areas, deMoulpied has particular expertise in organizations with complex technical products. Combined, his prior positions have required a spectrum of skills in corporate strategy, operations improvement, product quality, and revenue cycle management. He has an impressive history of utilizing data driven problem solving (Lean Six Sigma) and project management (PMP and CSM) to achieve strategic goals surrounding customer satisfaction, operational efficiency and improved profit.  AMSTERDAM — In line with the company’s plans to drive global performance improvement measures, AkzoNobel has announced several new appointments.AdvertisementClick Here to Read MoreAdvertisement Lin Liangqi has been appointed president, AkzoNobel China, in addition to his role as managing director, Decorative Paints China and North Asia. Jaap de Jong, previously a principal at McKinsey & Co., has been appointed regional director, Latin America, and president, AkzoNobel Brazil. Amit Jain remains group managing director for India, in addition to his role as managing director of Decorative Paints India and South Asia. The appointment of theses country leaders coincides with several leadership changes within the company’s businesses as well. Bob Taylor, currently managing director of AkzoNobel Marine and Protective Coatings (M&PC), will become managing director of Decorative Paints North America. Rob Molenaar will move from AkzoNobel Powder Coatings to become the new managing director of M&PC.  AB Ghosh, currently director of the Automotive and Aerospace Coatings Americas business, will succeed Rob Molenaar as managing director, Powder Coatings. “These appointments strengthen the company’s senior leadership in key markets. The leadership changes will capture growth and business opportunities, and will help drive a common agenda across AkzoNobel,” said Marjan Oudeman, AkzoNobel’s Executive Committee member responsible for Organizational Development and HR.,Lubrication Specialties Inc. (LSI), manufacturer of Hot Shot’s Secret brand of performance additives and oils, recently announced the expansion of senior leadership. Steve deMoulpied joins LSI as the company’s chief operating officer (COO). AdvertisementClick Here to Read MoreAdvertisement DeMoulpied has a Bachelor of Science degree in Engineering Management from the United States Air Force Academy and a Master of Business Administration degree from the University of Dayton in Marketing and International Business. He served six years with the USAF overseeing the development of technology used on fighter aircraft and the E-3 Surveillance aircraft, finishing his career honorably as Captain. DeMoulpied comes to LSI from the Private Client Services practice of Ernst & Young where he managed strategy & operations improvement engagements for privately held client businesses. Some of his prior roles include VP of strategic development, director of strategic initiatives, and Lean Six Sigma Master Black Belt at OptumHealth, UnitedHealth Group’s health services business, as well as Lean Six Sigma Black Belt at General Electric, where he applied operations improvement principles to customer service, supply chain and product development. A successful entrepreneur, deMoulpied is also the founder of PrestoFresh, a Cleveland-based e-commerce food/grocery business.  read more

The Civil Recovery Unit will recover the money under an agreed civil settlement with Braid Logistics, which accepted that it had obtained business through unlawful conduct. The recovered funds will be used for community projects across Scotland.Braid Group (Holdings) is the parent holding company for various subsidiary companies, including Braid Logistics (UK), which is based in Glasgow and specialises in freight and logistics.In an official statement, COPFS said that Braid became aware of potentially dishonest activities in relation to two Braid UK freight forwarding contracts in 2012. The company initiated an investigation, that revealed there had been breaches of the terms of the Bribery Act 2010.The first contract related to an agreement between a Braid UK employee and the employee of a customer. An account was used as a means for unauthorised expenses to be incurred by the customer’s employee and was funded by the dishonest inflation of invoices provided to the customer. The expenses included personal travel, holidays, gifts, hotels, car hire and cash.During the investigation into the above contract, separate bribery offences in relation to a second customer were discovered. A profit sharing arrangement with a director of the customer company had been operated, where the profit achieved on services provided to the customer was split, in return for orders continuing to be placed with Braid UK. As a consequence of the investigation, Braid voluntarily made a self-report to the Crown Office and accepted that it had failed in its responsibility to prevent this happening, similarly accepting responsibility for a contravention of Sections 1 and 7 of the Bribery Act 2010.Under the self-reporting initiative, the case was deemed suitable for civil recovery settlement based on the gross profit made in relation to the relevant contracts. Although these two cases were confined to its UK subsidiary, Braid has taken steps to implement new policies and training throughout all of its subsidiaries to ensure that no unlawful conduct can take place in the future.Linda Hamilton, head of the Civil Recovery Unit, said: “It is vital to the health of the Scottish economy that any form of bribery or corruption is identified and stopped as soon as possible.”Only in this way, can businesses who play by the rules flourish, without competing with those who obtain commercial advantage through unlawful means. Braid is to be commended for self-reporting the unlawful conduct to Crown Office.”Braid Logistics was founded in 1955 and was formerly known as John S Braid & Co.www.braidco.comwww.crownoffice.gov.uk read more

Listed Australian firm Slater and Gordon today confirmed it has reached a deal to settle class actions brought by disgruntled shareholders. The company, whose share price has slumped in the past two years, has agreed in principle to pay almost £21.6m to investors to settle their claims.Slater and Gordon faced two shareholder class action proceedings, with the potential for a third still to come, from former and existing shareholders.The settlement deal involves a £19m payment from the firm’s directors and officers’ liability insurance. The remainder is being paid by the firm’s new lenders, led by hedge fund Anchorage Capital, who effectively took control under a new agreement last month which saw long-time head Andrew Grech leave the firm.Payment of approved legal costs incurred by the claimants is made out of the shareholder creditor scheme fund. Slater and Gordon’s announcement states the settlement is made without admission of liability.The settlement figure is only a fraction of that sought in the name of investors who saw the value of their holding fall from a high of A$8 a share two years ago to just eight cents a share today.Maurice Blackburn Lawyers, the Melbourne firm that led one of the class actions, said the proposed settlement represents almost all of what is available under the company’s insurance policies, with the hedge funds who bought nearly all the company’s debt making a £2.4m contribution.Andrew Watson, head of class actions, said the settlement was the best outcome from a ‘terrible situation’ for shareholders, given the alternative would mean ‘likely insolvency’ for Slater and Gordon.He said that Slater and Gordon has no assets that would be available to fund a settlement or satisfy a judgment against the company.  The company’s secured debt exceeds the value of its assets, and the new owners of the debt hold a fixed and floating charge over those assets. As a result, said Watson, the only source of potential recovery from the company for shareholders were the benefits from responsive insurance policies, which were found to have an ‘unexpectedly low’ policy limit.Watson added: ‘Given the insurance policy limits, and the fact that Slater and Gordon’s defence costs for all actions also come out of the insurance, the proposed settlement will avoid further erosion of the available fund and return to class members as much of what remains under the policies as possible.’The settlement is in principle at this stage and is subject to approval from the Federal Court of Australia.Slater and Gordon shares closed up 9.5% at A$0.081 (5p), but are still down nearly two-thirds on the year to date. read more

US-headquartered firm White & Case has announced that its executive partner in London has stepped down so he can concentrate on taking the fight to the City’s magic circle elite.In a statement today the firm said Oliver Brettle has been asked by the firm’s chairman Hugh Verrier to focus on delivering the firm’s 2020 strategy. He has been replaced by Melissa Butler.Verrier said: ‘I have asked Oliver Brettle in his ongoing role on the executive committee to focus on delivering our 2020 strategy, including global initiatives that support its execution and strengthen the firm’s competitive position vis-à-vis the magic circle. To allow him to dedicate the time needed to drive these important activities, Oliver has stepped down as London office executive partner after nearly ten years in the role, during which time our London office has become an acknowledged market leader.’Brettle said: ‘I look forward to continuing to drive our 2020 strategy globally. In London, that includes cementing our status at the top of the legal market and competing toe-to-toe with the magic circle and other elite global firms.’The firm declined to comment further. read more

Businesses will need to avoid scattergun approaches to registering trade marks following an eagerly awaited High Court ruling. In Sky plc v SkyKick UK Ltd, Lord Justice Arnold ruled that a software company had infringed a trade mark of broadcaster Sky – but strongly criticised Sky for filing trade mark applications as a weapon. IP experts said the ruling would significantly change trade mark practice. The ruling in the Business and Property Courts followed a referral to the Court of Justice of the EU on points of EU law – perhaps one of the last to be made by a court in England and Wales. The action began when Sky brought proceedings against Skykick, a supply of cloud computer systems, alleging infringement of trade marks. SkyKick hit back saying that Sky’s registration of its trade mark on products it had no intention of supplying constituted bad faith. The CJEU judgment broadly agreed. In the latest ruling Arnold LJ declared many of Sky’s trade marks invalid, but found that SkyKick had infringed trade marks registered for ‘electronic mail services’. ‘The fact that the trade marks are partially invalid on the ground that they were applied for partly in bad faith does not affect this.’Ben Mark, a partner at City firm RPC and a member of the Law Society’s intellectual property committee, said the judgment takes further the CJEU’s ruling that applying to register a trade mark without any intention to use it for specified goods or services may constitute bad faith.’The decision may initially trouble brand owners. However, it will not affect a trade mark’s ability to protect core goods and services or goods and services that brand owners believe they may use their marks for.’Going forwards, a trade mark filing strategy that reflects this should avoid similar judgments. For existing trade mark registrations, the court made clear that a mixed specification (containing goods and services that the applicant both did and did not intend to use its mark for) will not taint the registration, as a whole.’Aaron Wood, chartered trade mark attorney and partner at Keystone Law, said the decision marks ‘a substantial change in practice in EU trade mark law, which will move it significantly closer to US trade mark practice and create a potential breaker to the barrier of broad EU trade marks.’ Geoffrey Hobbs QC and Philip Roberts QC, instructed by Mishcon de Reya LLP, appeared for Sky;  Simon Malynicz QC, Tom Hickman QC and Stuart Baran, instructed by Fieldfisher LLP, for SkyKick. read more

MEETING in Lugano on May 4, representatives of Swiss Federal Railways, Italian State Railways, the Swiss canton of Ticino and the Italian province of Lombardia agreed to develop a cross-border rail link between the Gotthard and Simplon corridors. An international committee has been set up to manage the project and call tenders for construction.Around 7 km of new line is needed to connect Mendrisio on the Gotthard route with Ariscate on the FS branch from Varese to Porto Ceresio. Together with upgrading of the existing lines, the aim is to create a direct link from the resorts of Lugano and Como to Gallarate on the Simplon line, which is close to Malpensa airport. This would reduce the need for air travellers from the region to travel via the centre of Milano.CAPTION: Half-hourly Malpensa Express services between central Milano and the redeveloped Malpensa airport were due to start on May 30. Ferrovie Nord Milano began ghost running with its dedicated TAF fleet on May 5, although the flying junction with the Saronno – Novara line at Sacconago had yet to be completed read more