Armed forces' grievances need urgent attention (Comment)

The suicide of a soldier, V. Arun, from Kerala in Jammu and Kashmir was raised in parliament. Prime Minister Manmohan Singh urged MPs not to have a discussion. "This is a very small incident, which is being blown out of proportion. It is not good for the morale of our armed forces."

While his statement was clinical and accurate, the choice of words may not have been politically the most appropriate -- no death of a citizen can be dismissed as "small" by the leader of a democratic country.

One presumes the prime minister was not keen on an open discussion on the subject since it pertains to an in-house matter - discipline within a military unit - that falls within the organizational purview of the Indian Army.

For a one million strong army, this suicide, while tragic in a relatively minor empirical occurrence, an in-house inquiry into the internal cohesion and professionalism is imperative.

From the ignominy of the ketchup colonel, the booze briagdier and the 'dal' general and more recently the Sukhna and Adarsh real estate scandals, the Indian Army has been convulsed with varied transgressions and a lowering of its ethical and professional standards.

In 2012, there were two cases of serious breakdown in officer-soldier relations in units tasked with low-intensity-conflict duties. The recent suicide is indicative of the internal stress and tension the Indian Army has to address.

These are matters the army needs to review in an objective and candid way. There may be a case for an independent commission to empathetically review as to what ails the Indian Army.

The status accorded to the military varies from country to country and is a complex derivative of the history of the nation, its political character and the manner in which valour is perceived.

In authoritarian regimes, the military has a special status. In Pakistan, it has subsumed the state for decades.

Democracies have a more complex relationship with their military. The soldier and the patriotism and gallantry inherent in the profession is recognized by the state and society. In India, the military has a curious and ambivalent status apropos the state structure and society at large.

Since 1947, the Indian military as an institution has been kept outside of the formal structure of the state due to Prime Minister Jawaharlal Nehru's distaste for the profession of arms. Successive prime ministers kept the military aloof. Consequently the 'fauj' occupies a twilight zone, where it is neither fish nor fowl.

While the elected political representative aree the new ruler in India, the civilian bureaucracy have become astute mediators of the pursuit and consolidation of power and status in the world's largest democracy.

The progressive denigration of the armed forces by the state and society has led to a steady erosion of military morale - a danger the prime minister alluded to in parliament. The apathy of the Indian state is best illustrated by the manner in which the Manmohan Singh government has dealt with pay and allowances for the soldiers.

An objective review of the manner in which the pay, allowances and status of the military have been lowered over the last two decades reveals some startling facts. The military is the outcaste in the Indian state matrix, but lacks a Gandhi or an Ambedkar to take up their cause.

The average 'fauji' retires at a much younger age than the civilian counterpart who serves up to age 60. An empathetic state would have ensured that the inter se fixing of pay, allowances and pension would be equitable. Alas, this is not the case. Many anomalies abound.

Pay commissions do not have a military representative. Review committees have the same pattern. The military remains invisible and their grievances ignored.

Things have come to such a pass that the three serving chiefs have expressed their dismay over how pay and pensions for serving and retired military personnel are being addressed.

Minister A.K. Antony in turn has cautioned the prime minister that if not redressed, this issue could take "a bad turn".

The UPA had a rare opportunity to address and redress the long festering inequities regarding the military and the larger issue of rewiring the security establishment. But Manmohan Singh and his cabinet chose not to pick up the gauntlet - till the last lap of UPA II when the Naresh Chandra Task Force was set up to review the post Kargil security sector reforms.

Manmohan Singh's Aug 15 address will be closely monitored for the policy initiatives he will hopefully unveil to assuage the bruised morale of the military - and avoid the 'bad turn' which otherwise seems inevitable.

(C. Uday Bhaskar is a leading strategic affairs analyst. He can be contacted at cudayb@gmail.com)

Source: http://www.prokerala.com/news/articles/a320442.html

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N2K Presidential: Inside the Romney-Ryan Ticket

EDITOR?S NOTE:? In a special Saturday issue of the N2K Presidential Race, we take you inside Mitt Romney?s selection of Wisconsin Rep. Paul Ryan as a running mate, including how NJ?s top correspondents analyze the decision.

Mitt Romney used the choice of running mate Rep. Paul Ryan to script a new promise for presidential politics and leadership: Authentic, bold, positive and focused on results over partisan gridlock.

But is this a promise he can keep? Nothing about this campaign so far would suggest so.

Romney and President Obama have led their partisan backers down a trail of lies, negativity and vacuous policies that seem certain to guarantee an angry electorate four more years of gridlock.

But give Romney this much: It was great political theater?a star-spangled backdrop and inspiring words from the GOP presidential nominee and his cowlick-sporting No. 2. There was even at least one genuinely unscripted moment.

Authenticity is Romney's biggest political?weakness. His policy flip-flops and the general sense that he's not comfortable in his own skin leads voters, including many supporters, to wonder about his core values. He refuses to talk about his faith or disclose details about his hard-earned wealth, raising questions in areas that could actually endear Romney to voters. And so it was interesting to watch Romney turn a gaffe into an unscripted moment of authenticity.

After introducing Ryan as "the next President of the United States," Romney ceded the stage to his running mate before realizing the error and returning to the lectern. Placing a hand on Ryan's shoulder, Romney said, "Every now and then I've been known to make a mistake but I can tell you this, he's going to be the next VICE president of the United States."

Every now and then, a presidential candidate surprises us with a truly human and honest moment. Read more

?Ron Fournier, Editor-in-Chief

NATIONAL JOURNAL?S PRESIDENTIAL RACE REPORT

Romney and Ryan: ?America?s Comeback Team?
[National Journal, 8/11/12] Mitt Romney and his brand-new running mate, Wisconsin Rep. Paul Ryan, introduced themselves on Saturday morning as men of contrasting backgrounds with the common goal of fixing America, a complementary combination of business and government experience, privileged CEO and hardscrabble everyman, establishment party leader and young, inspiring thinker.

Ryan Says His Background Will Help Romney
[National Journal, 8/11/12] Ryan stressed that his background in Congress will work to Romney's benefit. ?I believe my record of getting things done in Congress will be a very helpful complement to Governor Romney?s executive and private sector success outside Washington,? he said.

Reinhard: Romney Cements Move to the Right
[National Journal, 8/11/12] Choosing Ryan as his running mate completes Romney?s evolution from centrist governor of a famously liberal state to standard bearer of an increasingly conservative Republican Party, as NJ's Beth Reinhard writes.

Ryan Will Help Romney With the Middle Class
[National Journal, 8/11/12] Putting Ryan on the ticket is a chance for Romney to turn the class attacks back on Obama, re-framing the election as a choice between a challenger who wants to boost the middle class and a president who wants to funnel hard-earned middle-class tax dollars to the poor.

Garrett: Obama Team Salivating Over Ryan Pick
[National Journal, 8/11/12] True or not, senior advisers to President Obama believed, long before Romney picked Ryan, that Romney had been oddly "collaborative" in making the Obama case against him. From team Obama's perspective, the Ryan choice transforms this imagined collaboration into a virtual partnership, as NJ?s Major Garrett reports.

Strong Rapport Between Romney and Ryan
[National Journal, 8/11/12] Republican aides, lobbyists, and Ryan?s own staff say that Ryan and Romney developed a strong, working rapport?so strong in fact that Ryan?s name shot to the top of the list of potential running mates.

Farrell: Ryan Has Parallels to Gore
[National Journal, 8/11/12] Like Al Gore, Ryan gives the ticket the promise of youth and energy, as NJ?s John Aloysius Farrell writes. And, as a wonky, media-savvy leader of Congress, he offers the voters someone who knows how to navigate Capitol Hill. The times provide an echo too. The economy was in a slump in the summer of 1992, and the national debt was a burning issue.

Cooper: Warning Signs for Romney
[National Journal, 8/11/12] It's hard to remember now, but the late Jack Kemp was the Paul Ryan of his day?a House member who was considered intellectual, idea-driven and the smartest voice in the party, as NJ?s Matthew Cooper writes. The cautionary lesson for Romney is that Kemp wound up adding little to the ticket in 1996.

Ryan Pick Brings Medicare to Center Stage
[National Journal, 8/11/12] Scrutiny of Romney?s Medicare reform policies are sure to intensify with Ryan as his running mate. Though he has since softened his stance, Ryan's 2011 Medicare reform plan has remained a powerful Democratic attack target and a policy deeply unpopular among the nation's seniors. But Romney?s camp is ready with a counterattack.

Kraushaar: Use of Ryan Budget in Hill Races Offers Insights
[National Journal, 8/11/12] Congressional campaigns often serve as an early-warning mechanism to measure voter sentiment on emerging issues, as Hotline?s Josh Kraushaar writes. With Ryan now on the GOP presidential ticket, it?s useful to look at several House races in which Ryan?s budget became a central campaign issue.

Foreign Policy Takes a Back Seat
[National Journal, 8/11/12] If anyone had any doubts that foreign policy will take a back seat in Romney?s strategy, his choice of Ryan as a running mate should eliminate them.

Wilson: Six Winners From the Ryan Pick
[National Journal, 8/11/12] Paul Ryan is having a pretty good day. Here is a list of six other winners, compiled by Hotline?s Reid Wilson, ?who will be smiling all day

VP Contenders Praise Ryan
[National Journal, 8/11/12] Republicans who were in contention to become Romney's running mate lavished praise on Ryan on Saturday. Meanwhile, his colleagues in Congress took to Twitter to comment.

First Ever ?No Protestant? Ticket
[National Journal, 8/11/12] The selection of Ryan, a Catholic, as Romney's running mate means that one of the two major parties is nominating a presidential ticket without a member of a Protestant faith for the first time in history.

Romney?s VP App Gets Scooped
[National Journal, 8/11/12] Romney?s mobile app promised users they would "be the first to know." But with a notification pushed out at 7:07 a.m. eastern time, users relying on the app got news of Ryan?s selection more than seven hours after anyone else paying attention.

Photos: How Many Veep Candidates Have Come From the House?
[National Journal, 8/11/12] A look at past elections shows that only four sitting House members have been on Democratic or Republican tickets since 1900, one of them a Speaker of the House.

Biography: Who is Paul Ryan?
[National Journal, 8/11/12] House Budget Committee Chairman. Three kids. Catholic. Learn the basics and more on Romney?s running mate.

Timeline: The Rise of Paul Ryan
[National Journal, 8/11/12] A brief history of Ryan and his path to prominence in the Republican Party.

Photos: Romney and Ryan on the Trail
[National Journal, 8/11/12] Saturday?s announcement was not the first pairing of the two politicos. They've already spent time together on the campaign trail this year.

Read more NJ convention news | Download NJ?s conventions app

Source: http://news.yahoo.com/n2k-presidential-inside-romney-ryan-ticket-154914590.html

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Water Hose Reel ? Weight Loss Program Basics | ArticlePDQ.com

In order to avoid washer hose damage, do not attach it to the faucet tightly. The air and water pressure inside can damage the rubber seal. Also replace water hose every two years or so.
Safety: Protect yourself by wearing clothes that are resistant to fire as well as a good pair of safety goggles. It is vital that there should be some source of water nearby, whether it is a xhose review or several gallons of water in containers.
Clean the filter of the machine. Unplug your washer and pull it forward gently. Turn the water source off. Remove the hose from the faucet and remove the filter inside the hose. Wash the filter in running water. If debris have hardened up, you can try soaking it in vinegar.
Another type of Hose pipes is the Sanitary Connection Hoses. These are the Nylon braided Hoses finding wide application in Bathroom fittings and connections. These are corrosion resistant and flexible the connections/ shower Tubes made out of colorful Hoses giving aesthetic looks and adds elegance to the bathroom decor.
Now the Hose pipes are made of Poly Vinyl Chloride the wonder chemical of the last Century that has got enormous applications throughout the World. The PVC tubing is made of Virgin Grade P.V.C. and range of Hose piping materials include: Flexible Tubing, PVC Flexible Pipes, PVC Garden Pipes & Hoses, PVC Sleevings, Sanitary Waste Connection Pipes & Tubes, Nylon Thread Reinforced Braided Hoses, Double Layer of Triple Garden Hoses, Solid Doris, PVC Strips, Belts and Profiles.
Dishwashers should be checked regularly as they have a high potential to leak. Installing steel braided hoses on appliances may be worth looking into.
Another way to scare cats is to squirt water on them. A water hose and a bucket of water are the most basic things you need for this method. If the cat refuses to leave with one squirt, repeat the procedure until it takes the hint. Aside from a pail and a garden hose, you may utilize a sprinkler. If you plan to buy a sprinkler, look for a motion activated one from your local hardware store. This type of sprinkler can immediately perceive if there is someone or something in your lawn. The sprinkler will be able to target your cat, squirt water at it and drive it away. The garden will then be cat-free because it will recognize that the garden is not its place to stay.
In addition to water guns, water balloons are another fun backyard water activity. Large or small water balloon packages can be purchased from most retail stores, including dollar stores. Water balloons are great for individuals of all ages; both adults and children seem to enjoy them. Similar to water guns, water balloons are a fun, exciting, and competitive backyard activity.

Firstly, involve some kind of anal penetration into your solo sex. This is particularly successful in summer time when water conserving is at its most significant.
Read Full Report

Source: http://articlepdq.com/health-fitness/water-hose-reel-weight-loss-program-basics/

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Spider Crawls in Woman's Ear, Lives There for 5 Days

That old urban legend about spiders crawling into your orifices while you sleep has come true. A woman who checked into China's?Changsha Central Hospital Wednesday (Aug. 8) with an itchy ear learned she had a small spider dwelling in her ear canal, according to news reports. It had crawled inside five days earlier while she slept.

At the hospital, heebie-jeebie-inducing pictures of the patient's ear canal revealed a stocky, hairy, four-eyed arachnid peering out at the camera, much to doctors' and the patient's surprise.

Amid concerns that disturbing the spider would cause it to "instinctively drill its barbs deeper, scratching the ear canal," local news sources reported that doctors succeeded in removing the creature by pouring saline solution into the ear canal and flushing it out.

As the spider's outstretched foot emerged from her ear, the patient, identified only as "Ms. Lee," reportedly "almost started crying."

Follow Life's Little?Mysteries on Twitter @llmysteries. We're also on?Facebook?&?Google+.

Copyright 2012 Lifes Little Mysteries, a TechMediaNetwork company. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Source: http://news.yahoo.com/spider-crawls-womans-ear-lives-5-days-175812231.html

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Pet dog abandoned on Plymouth business park with - This Is Plymouth

DUMPED and dejected is the description given to the latest pet to be abandoned in the city.

Gables Farm Dogs' and Cats' Home have named the female Staffordshire bull terrier, DD, after she was discovered tied up outside Kwik Fit in Alexandra Road, Lipson.

She was found by a member of the public who was on her way to work, at 8am on the morning of August 6, with a note and her possessions.

The note read: 'Please, I'm not a mean person or cruel but I can no longer look after her. "She was my ex's dog who left me, we had her since a puppy she is now 11 years old.

"I have a small child and since my ex left she has been weeing and pooing over everything -?I can't live like this anymore.

"She is also barking a lot for no reason that is why I have the muzzle on her. Please look after her."

Gables Farm are currently at bursting point with more than 130 animals in their care and say there simply is not enough space to take in any more dogs or cats.

Marketing and fundraising officer Katie Barkell, said: "We have a non-euthanasia policy here at Gables Farm and we will not put animals to sleep to make room for others.

"This does mean that we cannot always take the dog or cat in for re-homing straight away and we do operate a waiting list system.

"Unfortunately we do not have the room to help all of the animals immediately.

"We would like to appeal to the public to please consider re-homing an animal from Gables Farm ? we urgently need their help to find homes for our animals."

If you would like to offer a new home to an animal call 01752 331602 or visit www.gablesfarm.org.uk to see the animals available for adoption.

Comment ? Page 11

Source: http://www.thisisplymouth.co.uk/Pet-dog-abandoned-Plymouth-business-park-note-11/story-16677976-detail/story.html

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Egypt fires intelligence chief over Sinai attack

CAIRO (AP) ? Egypt's president fired his intelligence chief on Wednesday for failing to act on an Israeli warning of an imminent attack days before militants stormed a border post in the Sinai Peninsula and killed 16 soldiers.

The dismissal, which followed Egyptian airstrikes against Sinai militants, also marked a bold attempt by the Islamist leader to deflect popular anger over the attack. It pointed to a surprising level of cooperation with the powerful military leaders who stripped the presidency of significant powers just before Morsi took office June 30.

In a major shake-up, President Mohammed Morsi also asked Defense Minister Hussein Tantawi to replace the commander of the military police, a force that has been heavily used to combat street protests since the ouster of Hosni Mubarak 18 months ago. Rights activists have accused the military police of brutality against protesters.

Morsi also fired the commander of his presidential guards and ordered new chiefs for security in Cairo and the police's central security, a large, paramilitary force often deployed to deal with riots.

The decisions were announced hours after Egyptian attack helicopters fired missiles at militants in Sinai as part of what the military said was the start of an offensive, to "restore stability and regain control" over the desert territory bordering Israel and the Gaza Strip. The use of air power marked a sharp escalation in Egypt's fight against the militants, who have become increasingly active in the mountainous terrain since last year's uprising.

The military said the joint ground operation with police was backed by warplanes.

The start of the Sinai campaign won swift praise from Egypt's most powerful ally, the United States. White House Press Secretary Jay Carney commended the Egyptians for showing a "willingness to take action when necessary."

State Department spokesman Patrick Ventrell said the U.S. supports Egypt's efforts to bring the perpetrators of Sunday's attack to justice.

"The United States supports the Egyptian government's ongoing efforts to protect its people and others in the region from terrorism and growing lawlessness in the Sinai," he said.

Morsi's firing of senior officials was his first major assertion of authority since he succeeded Mubarak, who ruled Egypt for 29 years.

The generals who took over from Mubarak and ruled Egypt for 17 months made a major power grab just before Morsi took office, retaining many key powers for themselves including the right to legislate and control over the national budget.

The firings followed a meeting of the newly created National Defense Council, which includes Morsi, top army commanders and senior intelligence officials. The decision-making at that meeting reflected a level of cooperation between the president, a longtime leader of the Muslim Brotherhood, and the military leaders in the face of rising tensions over the deadliest attack ever on the military from within Egypt.

Military officers outnumber civilians on the newly created council, which takes decisions by a simple majority. That means that the generals were on board.

"The decisions are consensual and it seems that the interests (of Morsi and the military) have converged on this," said political analyst Ammar Ali Hassan. "It was in the interest of the presidency and the generals to find a scapegoat."

Still the cooperation was not seen as the end of Morsi's struggle with the military to get back the full powers of the presidency. The military may have agreed because it faced accusations of negligence in the media over the attack. Witnesses said security forces arrived at the scene a full hour after it took place and that no soldiers were on sentry duty outside the small post at the time of the attack.

Morsi's decisions won him praise from political factions outside his Muslim Brotherhood support base.

"The Egyptian people and the revolutionaries wait for more purging of failing officials," said Ahmed Maher, a founding member of the April 6 movement, one of the key pro-democracy groups behind the uprising last year that forced Hosni Mubarak to step down.

Aboul-Ela Maadi, leader of the Islamist Wasat party, defended Morsi against critics who blamed him for the attack.

"This is the beginning of the president assuming his duties and exercising his authority as president," he said.

But prominent rights activist Hossam Bahgat said the decisions did not go far enough to clarify the relationship between Morsi and the military.

"It doesn't go as far as establishing full civilian democratic control over the military," he said. "But it indicates that the military accepts that Morsi is the new head of Egypt. This however is not guaranteed to last. It is going to take time for the new political order to become clear."

The soldiers killed in the attack were guarding a post in Sinai close to where the Egyptian, Israel and Gaza borders meet. It raised questions about the readiness of Egyptian forces in the area, particularly after Israel warned the country several days earlier an attack was imminent.

Large swathes of northern Sinai have plunged into lawlessness following Mubarak's ouster, with a massive flow of arms smuggled from Libya finding their way into the hands of disgruntled Bedouins. The lawlessness is coupled with the rise there of al-Qaida-inspired militant groups that are waging a campaign of violence against Egyptian security forces. They have also staged several cross-border attacks on Israel.

The attackers killed the soldiers as they were breaking their daily fast for the holy month of Ramadan with a sunset meal. They commandeered an armored vehicle which they later used to storm across the border into Israel. They were then targeted by an Israeli airstrike that killed at least six militants.

The intelligence chief that Morsi fired, Murad Muwafi, was quoted in Wednesday's newspapers as saying his agency was aware of the Israeli warning but did not think that Muslims would attack Muslims while they were breaking their fast during Ramadan.

Muwafi, 61, took over the intelligence post after his predecessor, the enigmatic and secretive Omar Suleiman, was named vice president in the final days of Mubarak's rule. He served as military intelligence chief before that and governor of Northern Sinai. In his last public appearance, he sat grim faced at a meeting with Morsi and Tantawi immediately after the attack.

His replacement, Mohammed Rafaat Shehata, is a career intelligence officer with a focus on Israeli-Palestinian affairs and relations with Hamas, the Islamic militant group that rules Gaza.

Morsi surprised many Egyptians by staying away from the state funeral given to the slain troops on Tuesday, drawing harsh criticism in the media and on social networks.

He may have stayed away for security concerns. At the funeral secured by military police, some mourners chanted slogans against Morsi. Prime Minister Hesham Kandil was heckled and some threw their shoes at him or held them up as a sign of contempt.

Morsi's order that the military police commander be replaced along with the chief of the capital's security was apparently linked to their failure to ensure his safety which forced him to stay away from the funeral and the humiliation of his prime minister, who had to flee to a nearby mosque.

_____

AP correspondents Maggie Michael in Cairo, Mark S. Smith aboard U.S. Air Force One and Bradley Klapper in Washington contributed to this report.

Source: http://news.yahoo.com/egypt-fires-intelligence-chief-over-sinai-attack-210316606.html

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Door System - Automatic door system -- Personalized door solutions


by johnrajesh
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Door System More Details about Door System here.

Automatic door system is the best solution for business and homes with security concern. There are varieties of automated solutions to meet the requirements of a customer. Some would call for a sliding door solution and yet others opt for swing open system. The decision can be taken best keeping in mind the traffic. Apart from design, security aspects also need to be considered while choosing a door system. These days' infrared sensor doors and pressure sensor are common for high security area. Places where there is more public access automated doors come handy. This is the most appropriate solution that can show your customers that you care for them. These doors come in varied design; they can be made of steel or wood to add class to the entrance of your office or home.

Automated doors are meant to make life comfortable and that is why it comes with a higher price tag. Compared to the convenience it offers, the price is a misnomer. Get a quick estimate. The price of the automatic door depends on the durability factor and security features that come with it. Since these are pricey they come with a warranty. Choosing the right automatic door system service is vital. After-sales services should be excellent. Incase there is a malfunction then the failure has to be attended to immediately. A company with an effective service team can set right the issue within no time. More and more businesses and homes are opting for automated door solutions because they are safe and convenient.

Automated doors are aesthetically designed and can add stature to your establishment and they definitely boost your image. As far as maintenance is concerned automatic doors do not require regular maintenance despite being opened and closed a thousand times in a day. These doors are sure to last a life time if properly taken care of. Automated doors are true energy savers. Since the door opens and closes automatically the building's heating and cooling systems work more effectively. Automated doors are disable-friendly and hence are in great demand in hospitals, hotels, malls and other places where people gather. A far as choice is concerned there is never ending designs and models available to choose from. Automatic swing doors, automatic sliding doors, automatic revolving doors and actuation devices are the most common.

The architectural beauty of the building can increase multifold with the elegantly and intelligently designed automated doors. Swing doors are seen in office building. Sliding doors save on space and are the most modern. Revolving doors are used in places where there is heavy public traffic. Actuation devices are used to safeguard automatic doors offering ultimate control over the door system. Manufacturing and servicing automatic door system requires vigorous training and experience. Only those with professional experience and standing in the field need to be selected to install automated doors systems. It includes locking solutions with timers and other control accessories. A self diagnostic system can help identify the fault instantly thereby cutting on downtime. Automated door system services should educate the customer on the usage of the system. Any fault detected need to be attended immediately for which trained and experienced service personnel should be in place. There are door solution systems that can be incorporated at the construction stage of the building to give added elegance and effective solutions to the building.

John rajesh is in construction business and has vast experience in automatic door system solutions. He has written a number of articles on the latest in door technology.

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front yard landscaping designs | GermanHouseParty.com

This is front yard landscaping designs that we collected from various sources on the net. May you'll get an idea to make your own.

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Cost Shifting: Attorney's Fees in Corporate / LLC Setting

A successful verdict after litigation, although better than the alternative, can still be a Pyrrhic victory if one has spent too much in attorney?s fees. In the American system where each side pays its own legal costs, attorney?s fees can greatly diminish the amount of money a successful plaintiff will actually see. However, for particularly egregious behavior or when suits are brought in order to harass or foist costs, Minnesota law allows courts to shift legal costs to the opposition. The following is a brief overview of a few cost-shifting statutes that come up in the corporate or LLC setting.

Statutes

The general rule in Minnesota is that attorney fees are not recoverable in litigation unless there is ?a specific contract permitting or a statute authorizing such recovery.? Dunn v. Nat?l Beverage Corp., 745 N.W.2d 549, 554 (Minn. 2008). The Minnesota Business Corporation Act (MBCA) and the Minnesota Limited Liability Company Act (MLLCA) each provide two sources of authority under which courts can award attorney?s fees.

  • 302A.467 (MBCA) and 322B.38 (MLLCA)

Section 302A.467 allows courts to grant equitable relief to shareholders of a corporation:

If a corporation or an officer or director of the corporation violates a provision of this chapter, a court in this state may, in an action brought by a shareholder of the corporation, grant any equitable relief it deems just and reasonable in the circumstances and award expenses, including attorneys? fees and disbursements, to the shareholder.

Section 322B.38 gives the same protections to members of LLCs.

As the language suggests, plaintiffs must identify the specific provisions of the chapter that have been violated in order to find relief under the statute. In fact, courts have gone so far as to dismiss claims under 302A.467 when plaintiffs have failed to do so, although plaintiff was allowed to seek equitable relief under 302A.751. See Isaacs v. Amer. Iron & Steel Co., 690 N.W.2d 373, 379 (Minn. App. 2004).

According to the Reporter?s Notes, these sections recognize that situations in which equitable relief may be appropriate are not easily defined in advance, as they often present novel fact situations. As a result, they adopt a broad rule which gives the court complete discretion in ordering whatever relief it deems just and reasonable under the circumstances. The awarding of attorney?s fees, then, is far from guaranteed by a defendant?s violation of section 302A; the statute permits but does not mandate attorney?s fees, and the court awards them at its discretion.

  • 302A.751, subd. 4 (MBCA) and 322B.833, subd. 7 (MLLCA)

Section 302A.751 gives courts the ability to grant any type of equitable relief when certain conditions are met. Unlike the 302A.467, violations not strictly tied to terms of the statute. Instead, 302A.751 allows equitable solutions when parties are deadlocked in managing the corporation, when directors have acted in a manner unfairly prejudicial towards each other, or even when the corporation?s assets are being misapplied or wasted. Subdivision 4 focuses specifically on the awarding of attorney?s fees:

If the court finds that a party to a proceeding brought under this section has acted arbitrarily, vexatiously, or otherwise not in good faith, it may in its discretion award reasonable expenses, including attorneys? fees and disbursements, to any of the other parties.

?Good faith? is statutorily defined as honesty in fact in the conduct of the act or transaction concerned. Other than this definition, the statute provides no explanation as to the meaning of subdivision 4. Again, the language is permissive rather than mandatory, and courts have the discretion to weigh the circumstances of the situation then decide whether attorney?s fees are deserved.

The Reporter?s Notes explain that this provision aims at preventing ?strike suits??lawsuits that, though likely meritless, force defendants to either settle or pay the cost of litigation. ?Subdivision 4 empowers the court to award expenses where a suit has been instituted in bad faith or has been conducted in a harassing manner by any party.? Although this focuses on court proceedings, Minnesota courts have held that actions prior to any court proceedings can be the basis for attorney?s fees as well. This is discussed in Swanson v. Upper Midwest Indus., an unpublished Minnesota Court of Appeals case from 2002.

  • Minn. Stat. ? 549.211 (2008)

Minn. Stat. ? 549.211 gives defendants more protection from strike suits. It states that by presenting to the court, the attorney or unrepresented party certifies that the action is not intended to harass or foist costs upon the opposition, features claims warranted by law, and has evidentiary support or is likely to find it after investigation. If the action does not meet these standards, the court can issue sanctions in the form of reasonable attorney?s fees. While not particular to the corporate/LLC setting, this statute often comes up when relationships deteriorate between business partners, and frivolous claims or counter-claims are brought.

Cases

Again, attorney?s fees can be awarded for actions prior to legal proceedings as well as for bad faith in bringing or during proceedings. The first few cases deal with parties? bad behavior before any claims were brought.

  • Pedro v. Pedro, 489 N.W.2d 798 (Minn. App., 1992)

In Pedro, the court granted Alfred Pedro over $200,000 in attorney?s fees (overall damages approached $2 million) based on the breach of fiduciary duties by his two brothers. The three were equal owners of a closely held corporation, and each worked for the business. Alfred discovered a discrepancy in the financial records, and his subsequent investigation of the matter divided the brothers. The brothers pressured Alfred to resign, firing him and cutting off his benefits when he refused. The court found that the brothers had interfered with Alfred?s responsibilities in the company, had wrongfully accused him of neglect, malfeasance, and health issues (they told employees that he had to leave the business because of a nervous breakdown), and were ?acting in a manner unfairly prejudicial? towards him under 302A.751.

These actions led the district court to find that defendants had acted ?arbitrarily, vexatiously, and otherwise not in good faith?. It awarded attorney?s fees under 302A.751, subd. 4, which the appellate court succinctly upheld.

  • Swanson v. Upper Midwest Indus., (Minn. App., 2002)

Swanson also involved the mistreatment of minority shareholder/employee. Here, Swanson had worked with defendant Carlson for a long time, and the two had gotten along well. When a dispute arose between the two, Swanson had the choice of fighting a legal battle over the contested issue (the valuation of a buyout) or acquiescing for the sake of the business relationship. Swanson was inclined to do the latter, and contacted Carlson to make sure the relationship was fine. Carlson told him it was, and gave Swanson assurances that his employment was not in jeopardy. In the subsequent year, Carlson undercut Swanson at every opportunity, eventually attempting to force Swanson?s resignation. When Swanson refused, Carlson terminated his employment and bought out his ownership interest.

The district court found that Carlsen defrauded respondent by making misrepresentations and omissions that respondent relied on in forfeiting his legal rights, and also that Carlsen had breached his fiduciary duties and acted in an unfairly prejudicial manner towards Swanson. The court concluded that ?Carlsen?s conduct meets the statutory requirement that [appellants] ?acted arbitrarily, vexatiously, or otherwise not in good faith??, and awarded him attorney?s fees under 302A.751, subd. 4.
The second flavor of attorney?s fees cases pertains to parties? actions in connection with legal proceedings.

  • DeMartini v. Fonss, No. A09-1902 (Minn. App. 6/1/2010) (Minn. App., 2010)

In DeMartini, the litigants disputed Fonss?s running of ?Entirely Seamless?, the two?s corporation business, in DeMartini?s absence. DeMartini, the president of the corporation, was incarcerated for theft charges, leaving the operations of the business to vice president Fonss. Upon DeMartini?s departure, Fonss discovered that Entirely Seamless was severely in debt, and she worked somewhat successfully to reduce that debt.

DeMartini sued Fonss and two non-officers who had been helping her run the company, ?alleging that they breached their fiduciary duties to the company and misappropriated corporate assets. [DeMartini] repeatedly sent requests for interrogatories, and when he considered the answers insufficient, he moved for sanctions.? DeMartini also sent employees to search for information in Fonss?s computer, which was subsequently damaged.

The district court awarded $5,137.38 in attorney fees plus costs and disbursements to Rachel Fonss under Minn. Stat. ? 549.211 (2008) as a sanction for appellant?s bad-faith conduct during the case, which was ?intended only to add to the cost and complexity of this litigation.? On appeal, the appeals court upheld the district court?s decision even though DeMartini was a pro se litigant. Courts are ?normally reluctant to grant attorney?s fees against a pro se party, but will do so in a case of ?extreme? conduct.
Even when attorney?s fees are awarded, the court uses its judgment to determine what amount is reasonable.

Bolander v. Bolander, 703 N.W.2d 529 (Minn. App., 2005)
When determining the amount of attorney?s fees, courts consider the ?time and effort required, novelty or difficulty of the issues, skill and standing of the attorney, value of the interest involved, results secured at trial, loss of opportunity for other employment, taxed party?s ability to pay, customary charges for similar services, and certainty of payment.? Jadwin v. Kasal, 318 N.W.2d 844, 848 (Minn.1982). Its determination is a finding of fact, only to be overturned if clearly erroneous.

In Bolander, the district court concluded that CB&S had a contractual right to an award of its costs of collection, including reasonable attorney fees relating to the promissory note, and instructed CB&S to submit a petition for an award of such fees. CB&S asked for $115,000 in fees, which the district court refused to give:
The Corporation seeks an award of fees and expenses of $115,000. I conclude that this amount is not reasonable in light of the limited nature of the dispute involving the notes. Based on my 22 years of experience as a lawyer involved in commercial litigation on behalf of creditors and my 13 years as a trial court judge, I find that the fees and expenses for the collection of the notes through litigation conducted by similarly experienced and talented counsel could not reasonably exceed $40,000.

On appeal, the court held that the district court had not abused its discretion, and that $40,000 was not unreasonable.
Summary
Awarding attorney?s fees enables the courts another equitable tool to bring about a just result. When a party?s behavior has been in bad faith, such an award may be appropriate. Granting attorney?s fees also protects against frivolous lawsuits brought only to harass or foist costs. While such an award is far from guaranteed, it is worth pursuing when the other side?s behavior is particularly egregious.

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Source: http://minnesotaattorney.com/cost-shifting-attorneys-fees-in-corporate-llc-setting/

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Global Security Summit London Announces ... - Business News Asia ...

Released on August 7th, 2012

LONDON, Aug. 8, 2012 /PRNewswire-Asia/ ?

With big names from the world of security, finance, Government and policing in attendance, Global Security Summit London (http://www.globalsecurity-summit.com) organisers UBM Live and Pro-Activ Publications have announced the inaugural show?s two-day, sector-driven education programme for 10-11 October 2012.

(Logo: http://photos.prnewswire.com/prnh/20120807/554049 )

This bespoke event for end users with security management and converged project responsibilities features a two-day educational programme that will focus on both logical and physical security solutions, addressing convergence, interoperability and infrastructure capabilities along the way.

Following on from the current security debate surrounding security for the 2012 London Olympics, Day One of the Global Security Summit London education programme centres on the post-Olympics legacy, the impending security implications and the future of public-private sector partnerships.

Day Two will be more IT-focused, examining the subject of convergence and encompassing the increasing integration of physical and cyber security ? both now and in the future.

In many organisations physical security and information security are managed by two separate departments. However, in this day and age businesses are increasingly vulnerable to blended threats. Therefore, it?s vital to be able to prioritise risks and respond effectively to a wide variety of threats.

James Willison (of Unified Security, and vice-chairman ASIS International?s European Advisory Council Security Convergence Sub-Committee) and Sarb Sembhi (director of consulting services at Incoming Thought) have worked together on a variety of projects which identify these converged issues and developed integrated solutions. Both are delighted to be introducing the key aspects of their work at Global Security Summit London this coming October.

Each day of the new show will be divided into two individual themes with ?Creating Safer Cities: The Role of Partnerships? scheduled for the morning of Day One and ?Security Challenges for Global Organisations? in the afternoon.

Senior speakers will address topics such as Cross-Sector Safety and Security Communications (CSSC), the ever-expanding role of the private sector in security provision across the public realm and global counter-terrorism issues.

Maximising business resilience, securing London?s? transport infrastructure and guidelines on how to embed security into your organisation from the top down will also be explored.

Confirmed speakers for Day One include Andy Trotter (chief constable, British Transport Police), Don Randall MBE (head of security at the Bank of England), Charles Farr (director general of the Office for Security and Counter Terrorism, Home Office) and Mike Bluestone MA CSyP FSyI , chairman of The Security Institute.

Commenting on Global Security Summit London, Mike Bluestone said: ?I?m delighted that The Security Institute is supporting Global Security Summit London. This important event will attract a serious audience of security professionals who, along with members of The Security Institute, share a common desire to raise professional standards in the security sector.?

Bluestone continued: ?I?m grateful to have the opportunity to speak at the first Global Security Summit on the topic of Best Practice in Security. None of us has a monopoly on good ideas, and I look forward to not only speaking but also hearing delegates? own thoughts and comments on sustaining and enhancing the embedding of good security practice, at all levels, in both the private and public sectors.?

Day Two?s themes incorporate ?The Role of Technology and Smarter Working in Corporate Security? in the morning, and ?Security Convergence, Integration and Interoperability? in the afternoon.

High-level speakers will offer innovative and forward-thinking presentations on topical issues such as ?E-Crime Prevention and Policing Cyberspace?, ?Radicalisation and the Internet? and ?Future Security Threats?.

?The Security Convergence Movement ? A holistic approach to security?, ?How to enhance your Security Integration Capability? and ?Global Security: A challenge for the Modern CSO? will also be discussed.

Confirmed speakers include deputy chief constable Stuart Hyde (the ACPO lead on e-crime prevention and president of the Society for the Policing of Cyberspace), Hagai Segal (lecturer at New York University in London), Ian Pearson (futurologist at Futurizon GmbH) and Balaji Srimoolanathan, the principal consultant on Aerospace, Defence & Security at Frost & Sullivan.

Balaji Srimoolanathan explained: ?As a speaker at Global Security Summit London, I regard this event to be a unique platform for end users and members of the wider security community to come together and share their thoughts, discuss Best Practice and address critical security challenges and strategic issues around integration, interoperability and infrastructure capabilities.?

For further information on Global Security Summit London, the full education programme and speaker line-up please visit http://www.globalsecurity-summit.com, follow us on Twitter (@GSS_London) or join the LinkedIn Group.

Companies interested in exhibiting should contact event manager Tracy Bebbington on tel: +44(0)207-921-8065 or e-mail: tracy.bebbington@ubm.com( mailto:tracy.bebbington@ubm.com ) or Paul Amura (business development director at Pro-Activ Publications) on tel: +44(0)20-8295-8307 or e-mail: paul.amura@proactivpubs.co.uk( mailto:paul.amura@proactivpubs.co.uk )

About Global Security Summit London

Global Security Summit London is the unique event for end users with security management and converged project responsibilities. Run by UBM Live, organisers of IFSEC International and Firex International; and Pro-Activ, publishers of RISK UK magazine, Global Security Summit London is part of the is part of the Working Buildings Series which includes the FM event (http://www.thefmevent.com), the UK?s longest running facilities event, Building Services ? The CIBSE Conference & Exhibition (http://www.buildingservicesevent.com( http://%28www.buildingservicesevent.com )) and Energy Solutions (http://www.energysolutionsexpo.co.uk) the UK?s leading energy management event.

About UBM Live

UBM Live connects people and creates opportunities for companies across five continents to develop new business, meet customers, launch new products, promote their brands and expand their markets. Through premiere brands such as MD&M, CPhI, IFSEC, TFM&A, Cruise Shipping Miami, the Concrete Show and many others, UBM Live exhibitions, conferences, awards programs, publications, websites and training and certification programs are an integral part of the marketing plans of companies across more than 20 industry sectors.

About Pro-Activ Publications

Pro-Activ Publishing is the leading independent publisher of security magazines in the UK. Established industry titles such as PSI, Risk UK and Benchmark keep end users, installers, consultants and trade associations up to date with new product launches, case studies and in-depth articles. All three magazines produce weekly e-newsletters and have websites featuring exclusive content. Unique in the market, Benchmark magazine is dedicated to independent testing of CCTV, intruder alarms and other security systems. Risk UK magazine is the ideal partner for the Global Security Summit with its readership of 7000 buyers and specifiers of security, fire, IT and business continuity products and services.

For further information please contact:

Martinee Reid
Senior PR & Communications Executive
t: +44(0)20-7921-8067 | e: martinee.reid@ubm.com

Source: http://asiarelease.asia/global-security-summit-london-announces-inaugural-education-programme-with-high-level-security-sector-speakers/

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Source: http://bond17.typepad.com/blog/2012/08/global-security-summit-london-announces-business-news-asia.html

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