text:
Things I'll Never Say

By Duck Goddess

Disclaimer: I don't own anything mentioned here except Leah Campbell and the plot.

Chapter One

Ginny Weasley and the other members of the Gryffindor Quidditch Team walked out onto the pitch to meet cheers and screams of, "Go Gryffindor!" and "Slytherin suck!" Meaning that everyone (except for the Slytherins of course) were supporting Gryffindor. She smiled. This was just another day, another day filled with flying...

Warily, Ginny walked up to the old broom shed. Yes, this was definitely the right thing to do. Ever since she saw her brothers play like that, she knew she wanted to fly; not sit in a boring old kitchen listening to her mother ranting on about how wonderful Gilderoy Lockhart was and how she should learn how to cook.

This is not the time for Gilderoy Lockhart, she told herself sternly. How was Ginny going to get in? She knew the broom shed was always locked. Ginny couldn't bash through the door because she was too little, she was only six.

Defeat erupted through her as she realised that this was the most stupid idea she ever thought of. I'll never be able to fly. Bill and that lot won't ever let me just because I'm a GIRL. Tears filled her eyes and Ginny bowed her head.

Suddenly, Ginny heard a click. Gasping, she looked up at the broom shed. The door was wide open, as if it were inviting her. Merlin's beard! How the hell did that happen? Oh, who cares? She ran inside and gave a cry of glee as she saw all her brothers' brooms, stood up and waiting for her to mount it.

Which one should I use first? Fred and George's brooms would probably shoot something up your bum and Charlie's looked very old and worn out so she decided on Bill's.

Ginny instantly knew what to do since she watched her brothers so many times. She raised her hand over the broom and said clearly, "Up!" The broomstick shot up into her hand. She was astonished. It worked! Holding the broom in her hand, she stepped over the broom and kicked off from the ground.

Surprise overtook Ginny as she realised she was in the air. I'm flying! I'm actually flying! It was a wonderful feeling. The wind soured through her soul as she swerved and dived. Ginny closed her eyes and savoured this moment. She spread her arms wide out and sighed. Nothing could ever take this away.

"GINEVRA MOLLY WEASLEY! WHERE ARE YOU? I NEED YOU TO HELP ME WITH DINNER SO GET BACK HERE NOW!" Molly Weasley's screams rang through the air. Great, she just had to ruin the moment.

"I'm coming, Mum!" Ginny called. Sighing, she put the broom back to its place and whispered, "I'll be back. Maybe Ron's broom will be just as good." Grinning, Ginny ran back to the Burrow and listened to her mother's lectures.

End flashback

Ginny snapped back into the present. She looked at the opposing team. All of them had very nasty smiles on their faces. Ginny shuddered inwardly. "Captains, shake hands!" Madam Hooch said firmly. Harry and Malfoy quickly shook hands, glaring at each other. "Mount your brooms!" Hooch called. Pheet!

The Quaffle was up in the air and Isabel, her fellow chaser, snatched it and swerved quickly, avoiding a Bludger coming her way. She passed quickly to Leah Campbell, the other chaser and one of Ginny's best friends, who glided along towards the goal. Just as she was about to shoot, Leah passed quickly to Ginny who scored.

Flying below Isabel, Ginny caught sight of Harry Potter, their star seeker, looking very glum as he searched for the Snitch. She sighed. I wish he'd just cheer up. He's not the only one who has to fight. He's not the only who's going to lose people. "GINNY!"

She snapped out of her trance and caught the Quaffle just in time and scored. Yes! In your face, Slytherins! She caught sight of Malfoy and smirked at him. "WEASLEY! WATCH OUT!" Huh?

Suddenly, pain overtook her as she felt something hard break against her skull. Bloody hell, she thought faintly as darkness began to overtake her. Ginny felt herself lose grip of her broom and slip off.

The wind brushed against her as gravity pulled her down. But something was in the way. Ginny felt something warm yet cold at the same time and looked up to see a pair of familiar silvery-grey eyes before she fainted.

The nerve of the little Weasley. Smirking at me like that. Holy shit, the Snitch is right by her. I can finally beat Harry bloody Potter because he's so stupid he can't even see it! Okay, here goes. Oh crap. She's so busy staring at me that she doesn't even notice a Bludger is right behind her! What the hell should I do? Warn her or let her die? Why does it have to be such a hard decision!

Draco's conscience took over him and he couldn't help shouting, "WEASLEY! WATCH OUT!" But it was too late. The Bludger crashed into Ginny and in slow motion; she fell forwards and off her broomstick.

Harry spotted the Snitch as it darted around near Ginny, one of the Chasers on the team. He stared at her for a moment. Harry had finally noticed that she was beautiful, judging from her personality and looks. She was the only one who put him in his place in the summer. Ginny was a great friend and he discovered he had feelings for her. Why didn't he see her before?

Why now, when she's 'given up' on me. I guess that's my punishment. He started to speed towards her but a sudden CRACK! made him wince. Harry looked around to see who was hurt but his stomach dropped when he saw it was Ginny.

In a second, Harry felt his mind go numb. What should I do? He tried to dive but it seemed like his muscles were made of jelly. Harry couldn't move.

Suddenly, he saw a flash of pale blonde hair and realised that Malfoy could get the Snitch. His mind was wired back again and he quickly felt the winged walnut-sized ball in his hands.

The crowd cheered but Harry couldn't hear it. He was diving towards Ginny but he realised she was already safe. He ran his hand through his jet-black hair. How come I couldn't catch her? How could MALFOY, the evil piece of crap, save her?

Oh great, bloody Potter has to come to save the day. Draco continued racing towards her and saw that Harry caught the snitch. That's a change. He was going for the Snitch, not the girl.

Draco caught Ginny and was surprised because she was very light. She looked so radiant, with her wavy reddish hair flooding around her. He thought she looked up at him for a second before she passed out. She feels so soft and warm.

He saw Potter shouting at the Beaters, Jack Sloper and Andrew Kirke, threatening to kick them off the team. I guess Potty does care a little about Weaselette. Or is it because Weasley's a good Chaser? Draco snapped out of his reverie to find Harry at their side. Oh great. The interrogation

"Ginny! Are you okay?" Draco heard Harry say.

"She's unconscious, you idiot. I have to take her to the Hospital Wing," he replied.

"You can't take her to the Hospital Wing!"

"I just saved her life and she's injured. So what would a person think: Going to the Hospital Wing is stupid so I'll just leave her like this and she can die! Merlin, you really are a fucking prat."

"That's not what I meant. I don't trust you with her. You could –" He was interrupted by the sight of Ron, Hermione, Leah and Colin Creevey (Ginny's other best friend) rushing towards them.

"Oh, Ginny! Are you alright?" Hermione and Leah shrieked, nearly bursting into tears.

"Oh Merlin, she's unconscious!" Ron said hysterically. "I'm so dead..."

"Yes, I think we've already established that fact," Draco said, rolling his eyes, "So move out of the way because I need to take her to the Hospital Wing."

Ron gaped at him. "No way, she's MY sister! I'll take her!"

Leah started crying on Colin's shoulder, not noticing the colour of his face which was bright red.

By now, Draco's robes were all bloody from Ginny's blow and everyone was crowding around to see what happened. We're wasting so much bloody time. Weaselette could be dead by now.

"Look, we're wasting time. Weasley could be dead right now and we might not know. Weasel, you take her to the Hospital Wing for all I care. Here." Draco thrust Ginny into his arms and the Golden Trio (with parts of the Younger Trio) rushed off, along with Dumbledore and McGonagall. He grimaced.

Potter's so perfect that it makes me sick. How can he stand it? How can he be so heroic and good, with everyone worshipping him? Even though I'd be happy if he defeated the damn creep, he still thinks he knows everything about everyone. Well, he doesn't know about me.

A/N: Read and review please! This is my first fanfic so I need to know if this is just plain crap or better crap!


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Chapter one

5-year-old Emily Bennett bounced outside into the seven o'clock a.m. sunshine. The brisk smell of leftover rain filled the air. She smiled. Her fatheralways read the newspaper in the morning and she was his special helper when getting the paper from the front steps. Humming, she picked up the paper and energetically skipped back inside. Oh, how she loved her life! She lived in London, the capital of England. Her father and mother were dears. Perfect parents, to dear little Emily. 'Mum and Dad will be happy to have the news today,' she thought joyfully. 'It looks like there are a lot of headlines.' As she stepped into the kitchen the aroma of tea and eggs tickled her nose. She saw her mother, with her gorgeous light brown hair, standing at the stove.

Mrs. Bennett looked up. "Oh, there you are, darling," she welcomed Emily, stretching her arms out. Emily was seized in a warm hug and kiss.

"Good morning, Mum," Emily greeted her mother. "Where is Dad?"

At that moment her father came in, singing, "Hot cross buns, hot cross buns." Emily and her mother started to sway to the music. Her father had quite a nice voice indeed. "One a penny, two a penny, hot cross bu—well, what do we have here?" he asked in mid sentence of the song. He pretended to be shocked. "Elizabeth," he questioned, turning towards his wife. He pointed to Emily. "Who is that pretty little girl standing by the door?" He strode toward Emily. "It couldn't be a princess, could it?"

Emily laughed. She ran up to him with a hug with so much force he almost toppled over. "Silly Dad!" she exclaimed, her voice muffled under his arms. "I'm not a princess! It's me! Your Emily!"

Her father smiled. "So it is, you've just grown so much taller and prettier, I hardly recognized you!" Emily remembered something, and held the newspaper out, ready for him to take it out of her hands. He patted her head. "And still my special helper with the morning paper, I see." He sat down on a soft chair. Emily scrambled on to his knee.

"Oh, Nigel," her mother laughed. She gave him a kiss, and then filled his teacup. Nigel shifted comfortably in his seat and took a sip of warm tea, while Emily nestled her little head on to his shoulder. "So, Nigel, how are things going at work?" her mother asked.

"Very well, thank you. Elizabeth, I've needed to ask you something…" Emily let her parents go on while she lost herself in her thoughts. She admired her parents when sitting on her dad's lap. Her father, Nigel Bennett, was a handsome man. He had broad shoulders and was very tall. Dark hair, he had, but the most brilliant blue eyes. Emily loved him very much, for she was "his Emily." Her mother, Elizabeth Bennett, was a very petite woman. She had dark curly hair, which was cut short, and gorgeous brown eyes. Emily was her "darling." Though no one told her, Emily knew she was a disappointment. She didn't have lovely brown hair at all. She had copper-colored hair that reached her chin. Instead of brilliant blue or gorgeous brown eyes she had pale blues ones, almost periwinkle. Suddenly, Emily noticed a teacup under her nose.

"Tea, darling?" Mrs. Bennett asked.

Emily took it politely. "Yes, Mum. Thank you."

Her father squeezed her. "That's 'My Emily.' Let's see, what's in the paper this morning?" He smiled and flipped open the paper. His smile turned into a frown, his face clouded like thunderstorms. "Elizabeth." He stood up, Emily slid of his lap. "I need to talk to you in the other room," he commanded gravely. Mrs. Bennett didn't hesitate; she nearly flew to the next room. Mr. Bennett started to make his way out too, but stopped when he felt a gentle tug on his sleeve.

"Oh, Dad," Emily whispered, her blue eyes enormous. "What's happening? What' wrong?"

Nigel looked down at his child, his dear, sweet Emily. He leaned down on one knee and gave her a hug. It felt like he never wanted to let go. When he did he said, "Nothing, dear. Stay here." He rose and left the room.

Emily stared after him. She wanted to follow but didn't dare disobey.

No; she had to.

Something was wrong. She plucked her stuffed dog, King, into her arms. As quiet as a mouse she crept toward her father's study, where her parents where talking and leaned an ear against the door. At first she didn't understand; that made her squeeze King tighter. But finally she did! Emily gasped. She dropped King. She had understood it. Something had happened and something was wrong…

World War II had begun.

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book cover of Spring Mayhem

Spring Mayhem

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(The second book in the Playing With Fire series)
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Emily Bowers is supposed to be having a relaxing summer vacation with her parents on Cape Cod. But almost immediately upon her arrival, mysterious strangers begin to appear, and dark family secrets start to get revealed.

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There's a pig man at your window, and he's hungry. This is the world of Imago. Something has gone very wrong with this world. Changed freaks, victims of the Human Mutational Virus, roam California's streets. DisLex, the entertainment utility, monitors everyone's lives; yet few know that DisLex not only controls life, it has created it: perfect virtual constructs who can never die -- the Imagos.

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From time-viewing to teleportation, from secret worlds to dream worlds, from the medieval to the modern, these stories explore the yearnings of the human heart. In these pages you will meet Edward, Jane, and Stephen, whose dreams are more real than their realities. You will journey with Alaric to the fortress in the Lake of Death, walk the seashore with Lydia in search of the great dark bird, and follow the blind man under the subway with Donnie and his father. You will pursue revenge with Tayis and heart's desire with the sleeping beauty's one true love.

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How-to move an aquarium to a new home

Pets often become like family, so whenever we need to move somewhere new, it’s only natural that we want to take care of them. We’ve covered moving with pets in this blog, so we’d recommend checking that out if you haven’t already. Today we’re going to be expanding on that topic and focusing specifically on moving aquariums. You might know people in the Metro Vancouver area who love fish…but have you ever thought of what happens when they need to relocate? Sounds like a tough job! So we figured we’d offer some tips on how to move an aquarium.

Step 1: Before moving an aquarium, first, take care of your fish

  • Wikihow.com recommends you start by changing “20 per cent of the water in the fish tank each day for five days.” This will help ensure the water is fresh when you move. Do NOT change the water all at once — you risk killing the fish from temperature shock if you do so. Also, do not feed your fish for about 24 to 48 hours before your move. Fishchannel.com says fish can survive for a few days without food, but may die if they are bagged with water that is filled with waste.

  • Before you move your aquarium, the above Wikihow.com article also suggests bagging ornaments that were inside with some of the water in the tank. The goal is to preserve beneficial bacteria, which you can research more by checking out this Fishchannel.com article. This will be useful for when you reintroduce the fish to the aquarium when you’ve finished moving.

  • Aquaone.co.uk says you should fill fish bags to the ¼ mark with water from the tank. You can get fish bags at most pet stores. Make sure there is as much air as possible in the bags — you want to ensure your fish have plenty of oxygen.

Step 2: Now, take care of the aquarium and prep it for moving day

  • Drsfostersmith.com recommends you “save as much of the water as you can.” If you have followed the previous instructions from the Wikihow.com article, you will have been changing the water for the last five days, so it should not be too dirty. It is important to reintroduce your fish in this water (keep it the same temperature) to prevent them from going into shock. This is especially important when dealing with certain kinds of tropical fish. You will put the water back into the tank once you’ve finished moving.

  • Remove rocks and any other materials in the tank. Dispose of the remaining 20 per cent of water, which will likely be filled with waste.

  • Disassemble your aquarium if possible. This will vary depending on the tank’s design. If possible, try consulting the owner’s manual or visit the store you bought it from for tips. A disassembled tank will make for an easier move.

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Step 3: Reintroduce the fish after you have moved to your new Vancouver home

Put the saved water back in the tank. Afterwards, place the fish (while they are still in their individual bags) in the water. Once the temperature of the water in the bag is equal to the tank water, let the fish out. Feed them lightly and avoid stressing the fish for the next few days.

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text:
Consulting » Purchasing – Driven online

Ideally, a fleet manager in an organisation with a policy of owning and operating its own fleet would like to be able to log on to a site on the internet and buy the fleet, or a substantial number of new replacement vehicles online. They would expect to do this without losing any of the benefits that they would get from a traditional, face-to-face deal with the manufacturer. The reality, however, is rather different. Manufacturers are surprisingly reluctant to make this kind of facility available for bulk business-fleet buying.

Of course, there are umpteen sites, including manufacturer sites, where the fleet manager could log on and make a series of individual purchases.

But the whole point of a fleet purchase is to leverage some economies of scale. The last thing you want is to be treated like a consumer.

However, the manufacturers value their direct relationship with corporates, even if the actual fulfilment is routed via their distributor and dealer chains. They like to have the fleet manager sitting across the desk from their national sales director, talking about the farmyard and the weather over a cup of tea. Contact with the customer is rare enough for the manufacturer and fleet buys are a heaven-sent opportunity to keep a finger on the pulse of the corporate market.

Perhaps it is only human nature, but the manufacturers are also very reluctant to give up the power of negotiating prices on a bespoke basis with each large buyer. If they were going to make everything available through the internet, the simplest approach would be to formalise their sales policy for corporates into a visible-to-all discount scale: so many vehicles, so much discount. Alternatively, they could use the interactive nature of the internet to do exactly what they do across the desk. They could put forward a price, haggle, have an exchange of views. But there would be no tea, no face-to-face meeting and that “finger on the pulse” would retreat into a trend statistic, which wouldn’t be very satisfying.

As a spokesperson for Ford says: “These deals are quintessentially bespoke arrangements – we don’t see that the internet could bring the same level of service for our corporate clients.”

Undoubtedly, there is a lot to talk about in a major fleet purchase.

You don’t just turn up with a list of cars. There is the matter of fleet policy to be worked out. What grades of employee get what cars, with what extras? What can’t they drive? Soft tops? Four by fours? The manufacturer’s sales director has a great deal of experience to contribute either directly as part of an out-and-out consultancy deal, or by way of analysis on the fleet buyer’s starting point. Web sites have excellent vehicle configurators and can do very rapid cross comparisons, but does this amount to full blown consultancy? Manufacturers think not.

Graham Biggs, a spokesperson for BMW, points out that his company is piloting a scheme that extends internet access, including online ordering, to three or four of its large corporate customers who buy their fleets through BMW. However, this scheme is still very much in its infancy and its primary objective is not so much to provide the fleet manager with a tool, as to increase BMW’s market share in a multi-marque fleet. “Our target is not the fleet manager, but the ‘user-choosers’ within the company,” he says.

The idea is to provide a web site that will allow employees to access the BMW site and to design and specify their own vehicle from scratch, within the budget that their company sets. This information is then passed directly through to BMW’s factory (after the necessary authorisation) and the car is built. From the fleet manager’s perspective this doesn’t represent the kind of deal where online purchasing leads to savings. What it does create, however, is a more contented fleet driver base, since everyone gets to feel that they have had “authorship” of their own vehicle, specifying it from scratch. It also, of course, takes the pain out of providing employees with this level of choice, since the system automatically collates all the user choices and generates the order documentation. Biggs says the reception so far has been fantastic.

An alternative to the manufacturer making online fleet purchasing available to the fleet buyer is for the vehicle leasing companies to extend their online services. That way, the company fleet manager can leverage the leasing company’s buying power and the discounts will be reflected in the monthly lease instalment. Once again, however, while leasing companies see the internet as an excellent tool for administering fleet management contracts, many of them have been slow to shift their sales business online.

Spencer King, a spokesperson for fleet leasing company Velo reckons that while his company is looking at extending online facilities to corporates, it isn’t planning to conclude the sale online. “We can see value in providing clients with access to quotations online, or letting them get all their documentation for a PCP deal or contract hire online. But outright purchases are not really were we are going. It would make a lot more sense for the client to come to us with his/her requirements and to get us to source the vehicles at the best possible price,” he says.

Andrew Cope, managing director at vehicle leasing company Zenith takes a similar view. He points out that Zenith already offers corporate clients a number of online services, particularly in the field of accident management, which speeds up getting cars back on the road. Purchasing, however, is a different story. Cope can see the attraction for the corporate buyer.

Indeed, Zenith would very much like to be able to meet its fleet requirements online, but so far it has met with considerable resistance from manufacturers.

“We have been very keen to talk to the manufacturers about online ordering direct from their factories. We are bulk buyers and we would like to be part of the booking system that the manufacturers are in. The relationship with the dealer would still be there as far as vehicle delivery was concerned so they would not be out of the loop. So far though, the attitude of the manufacturers has been very cagey – they have their dealer chain and distributors to protect,” he says.

For Cope, the issue is not new versus old technology, it is simply a matter of business efficiency. Every advance enabled by the internet has to justify itself in terms of its ability to deliver efficiencies. “We see ourselves as an innovative, niche player in the leasing game. We come up with new ideas and we don’t want technology to be a constraint on what we do. At the same time, we don’t want to be constrained by traditional working practices either,” he says.

One company that seems to have made more headway than most in enabling online bulk buying is Tuskerdirect, a vehicle fleet leasing company specialising in online transactions. It was started by two ex-GE Capital people, Tom Stephenson and Tim Grant, who are now joint managing directors of the new company.

“Most of the business processes in the car leasing market are 15- to 20-years-old. Quotations are ground-out overnight in batch runs and there are still teams of staff providing short-lists and quotations to fleet managers. Today, people won’t wait for answers, especially not when those answers take longer to arrive than it would take them find the information for themselves. This is why sophisticated online capabilities are essential,” says Stephenson.

What happens in a normal leasing deal is that the fleet manager and the driver or drivers have to do their own research around dealers from various manufacturers, gathering data on different makes and models, pricing and option data. Instead, Tuskerdirect aims to provide fleet managers with a fast way of looking at all their options online and of making comparisons.

Once the employer has loaded in its fleet policies, Tuskerdirect gives drivers secure access to the site, where they can view cars that fit the specification laid down by their company’s fleet policies. “What we do is provide them with an easy way of setting up their fleet rules online.

The system provides them with everything they need to know about any car they want to lease. We present it in a format that is easy to use, so they can see comparisons, for example, of three vehicles simultaneously.

They can see at a glance what the implications for their benefit-in-kind taxation will be on each car,” says Stephenson.

This may be a long way from the fleet manager buying the fleet online, but it does cut down on brochure collecting and running to and fro to get the best deal for each employee. “What we find happens the other way around is that drivers go through a whole loop, consuming days selecting a car. Then they find out that it is very fuel inefficient, and so will end up costing them too much in tax, so they start the whole process over again. The internet makes it all much easier,” he says.


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Personal risks facing board members of US companies

Carolyn Snow of the Risk Management Society (RIMS) moderates a discussion looking at the risks facing board members of US companies between Michael W. Smith at Chartis, Tom Hanley at SNR Denton, and Priya Cherian Huskins at Woodruff-Sawyer & Co.

Snow: Today’s directors in the US have had to navigate the continuing fallout from the global financial meltdown and Madoff. For example, a reinvigorated US Securities Exchange Commission seems determined to respond to sharp criticism and effectively protect investors. Should US directors be more concerned about SEC investigations today?

Huskins: Yes, absolutely. However, I hasten to add that the concern a director should have – absent circumstances that involve behaviour like self-dealing – is less about his or her personal liability and more about taking steps to safeguard shareholder assets from what can be ruinous costs associated with defending against an investigation. In this regard, taking proactive steps to manage investigation risk through good corporate governance is critical. In addition, understanding the scope of balance sheet protection provided by D&O insurance is more important than ever. This includes understanding the nuances of regulatory investigations, including whether entity investigation coverage does or does not exist in a particular insurance policy.

Smith: It seems not a day goes by without another news story about an SEC investigation. The SEC Enforcement Division recently completed its most comprehensive reorganisation since its creation in the early 1970s. It has re-staffed with new leadership, created new units, implemented new tools, flattened its structure, and changed investigation practices to rely more on fostering cooperation. These changes are having a real impact. Formal SEC investigations are up 160 percent since 2008 and informal investigations are up at least as much. Over the past year, court-ordered disgorgements are up 20 percent and the amount of monetary penalties assessed following investigations has almost tripled. All of this means directors are more likely than ever to become involved in an investigation – even if they are not targets, and even if they have done nothing wrong.

Hanley: Directors should be more concerned. The SEC recently completed a significant reorganisation of its Enforcement Division to enhance its ability to pursue investigations and enforcement cases, particularly in high-profile areas like the Foreign Corrupt Practices Act (FCPA). In response to the perception that it has been more reactive than proactive in its approach to enforcement, the Enforcement Division has undertaken more of a prosecutorial approach, and has enjoyed quite a measure of success, including obtaining settlement amounts of more than $500m in 2010 FCPA cases and successfully prosecuting Raj Rajaratnam in the Galleon Management insider trading case. There is no reason to believe that the SEC will not continue to aggressively pursue investigations and enforcement actions, especially now that it will likely receive even more outside help in the form of tips from whistleblowers looking to take advantage of Dodd-Frank’s bounty provisions.

Snow: Directors have been facing the potential for civil securities claims for years, and with the help of D&O insurance, have managed that exposure. How is this trend in investigations different?

Smith: In an investigation, the SEC typically seeks facts without identifying its target, the conduct under scrutiny or even asserting a claim for relief. All three of those elements are typically required to trigger traditional D&O coverage. Some newer policies have evolved to provide coverage specifically for investigations without requiring a claim against a targeted insured. Another important difference, in addition to monetary penalties, is that an SEC investigation carries the prospect of jail time. Obviously this heightens the concern of directors both on how the case is defended and how it is ultimately resolved. As you would expect, if the SEC uncovers evidence of wrongdoing, it may not be motivated to settle for a monetary amount as a civil plaintiff would.

Hanley: Investigations and government regulatory actions are usually covered by the company’s D&O policy. As the types of investigations the SEC, Department of Justice and other agencies and departments are pursuing evolve, or as new laws and regulations give the agencies new investigative avenues to pursue, it is important to make sure that your D&O policies cover those areas. The larger concern is the lack of coverage for the companies themselves – company indemnity policies historically have not provided reimbursement for most investigation-related expenses and in large investigations these amounts can significantly impact the company.

Huskins: There is no doubt that we are in a regulatory environment in which enforcement agencies are seeking personal accountability at the highest possible levels. D&O insurance is clearly a critical part of the overall risk management strategy that directors should employ – but it is the final response, not the first response. The real win isn’t the successful defence of a matter; it is avoiding the litigation or enforcement action in the first instance. In the current environment it is all the more important for directors to implement the processes and procedures that help to avoid problematic issues like restatements or non-compliance with laws such as the US’s Foreign Corrupt Practices Act in the first place.

Snow: How has Dodd-Frank – in particular its whistleblower provisions – and other new regulations and rules changed the game for directors and officers?

Hanley: It is not clear yet how, or how much, Dodd-Frank has changed the game.

The governance and compliance mandates imposed by Sarbanes-Oxley and compliance programs adopted by corporations in the wake of a number of court cases already impose significant burdens, so any added substantive burdens as a result of Dodd-Frank may end up being largely incremental. However, the whistleblower provisions of Dodd-Frank have the potential to be significant game changers. Whistleblowers now have the motivation to go directly to the SEC rather than through the company’s internal reporting process. This puts directors and management in a difficult position – how do you implement and maintain programs that foster a culture of compliance when the bounty program rewards your employees for reporting their allegations directly to the government rather than through your compliance program?

Huskins: Dodd-Frank’s whistleblower provisions definitely change the game – but it’s too early to know if they are true game changers. There have been numerous reports of a material uptick in ‘credible leads’ being reported to the SEC. One wonders, however, about the ability of an already stretched government agency to respond fully and completely to all these new leads in a timely and efficient manner. In this regard, it might end up being to the detriment of shareholders that the implementing regulations failed to ensure that companies get first crack at assessing and responding to whistleblower claims before the government is pulled into the fray.

Smith: Before Dodd-Frank the SEC received about 100 quality tips a year. Now that the SEC has adopted final rules for the whistleblower provisions of Dodd-Frank, the SEC estimates that it will receive 30,000 tips a year. Companies, and their directors, are concerned whistleblowers may find specious ‘claims’ and that responding to the resulting investigation activity will require significant resources and focus. In addition, an increase in investigations may have a significant impact on the frequency and severity of securities and derivative claims. The plaintiffs bar will not hesitate to use the efforts of whistleblowers and the SEC to bolster cases against directors.

Snow: Class action securities claims have historically been a driver of D&O liability in the US. Is that still the case?

Huskins: The frequency of D&O suits other than class actions is definitely up. However, class actions remain the largest, most severe exposure that directors and officers face. As a result, class action exposure should still be one of the main drivers of a company’s insurance limit decision.

Smith: Class action securities claim filings are up this year – nearly double the number of filings over this same period last year. Considering the record high 2010 settlement average of $109m and increasing litigation costs – including hourly rates in excess of $1400, those trends do not bode well. But securities claims are only part of the story. Corporate derivative suits, once typically resolved with related securities class actions by modest corporate governance changes and plaintiff fees, have dramatically increased. We have seen damages awards over $100m and no sign of relief is in sight. And as post-crisis credit markets show signs of improvement, M&A litigation activity has heated up, and we expect that exposure trend to continue. So while securities claims are important, they are by no means the only driver of claims against directors.

Hanley: The primary drivers have historically been federal securities law-based class action claims and state law-based breach of fiduciary duty claims, but government regulatory investigations and actions have become an increasingly significant part of the liability landscape. For example, while there were approximately 176 securities class action lawsuits filed in 2010, the SEC opened more than 950 informal investigations and the commissioners approved more than 500 staff requests for formal orders of investigation last year. And we should not forget about industry-specific investigations that state attorney generals are pursuing – such as the recently announced investigation by the New York attorney general of Wall Street’s mortgage securities operations. Many of these investigations touch directors and senior management, so while class action lawsuits often get headlines, on an ongoing basis directors and officers are much more likely to face liability issues tied to government regulatory investigations and actions than from securities class actions.

Snow: What new areas of concern for directors in the US do you see on the horizon?

Smith: As companies of all sizes face more global risks, concerns around the Foreign Corrupt Practices Act (FCPA) are growing. FCPA enforcement activity has been rising steadily over the past seven years and 2010 witnessed an 85 percent increase in enforcement actions over 2009, itself a record year. And if directors are not focused on network security and ever growing cyber risks, they ignore those risks at their peril. We have seen many high profile breaches which can severely impact a company’s operations and we also witnessed last year the first ever derivative claim relating to a network security breach. Lastly, the impact of an FCPA claim or a network security breach could do serious damage to the reputation of any organisation. That reputational risk is an ever increasing concern for directors.

Hanley: The biggest areas of concern surround multinational companies and US-based companies with significant overseas business. The SEC and Department of Justice are aggressively pursuing FCPA cases and it looks like they will continue to do so. In addition, the bounty provisions of Dodd-Frank are likely to give the regulators even more outside help in the form of tips from whistleblowers looking to claim a bounty in the type of high-value cases that often come under the FCPA.

Huskins: Never underestimate the cleverness of the plaintiff’s bar.

An unintended consequence of each new corporate governance mandate imposed by Congress is the creation of a new opportunity for plaintiffs to bring suits related to the alleged failure of a board of directors to execute on these mandates. The recent spate of ‘say-on-pay’ suits brought against companies who failed to get a good outcome on this advisory vote is a good example of this dynamic. FCPA is another example. Even though the FCPA does not contemplate a private right of action, we’ve seen plaintiffs continue to attempt to use FCPA allegations to drive private law suits.

Snow: What affect is the general increase in corporate regulation, and associated penalties, having on D&O liability insurance?

Hanley: In addition to pricing concerns, companies and their directors and officers are concerned about having complete coverage. While the insurers are generally on top of the changes in the laws and regulations, and adjust the scope of policy coverage accordingly, there are often questions and disputes as to what is, and is not, covered.

Huskins: The market remains extremely competitive, both in terms of pricing and contract terms. However, not all carriers are equally good at partnering with of their insureds after a claim hits. This is a place where a sophisticated carrier can really distinguish itself from the rest of the pack.

Smith: Generally an increase in regulation goes hand-in-hand with increased investigations and corresponding legal costs. As a result, companies first look at the amount of D&O insurance to ensure they are adequately protected. Secondly, the terms and conditions of D&O coverage must be constantly reevaluated to make sure they adequately address increasing exposures. Over the last 12 months, D&O coverage evolved, but there are material differences in approach and, potentially, effectiveness. For example, is there coverage for informal investigations? Does a director have the ability to have legal costs paid if the company should indemnify but doesn’t? Is the director’s coverage available if another insured board member or officer cooperates with the plaintiff? All of these issues should be addressed.

Snow: To what extent are companies taking a proactive approach to risk management tailored specifically to protecting board members?

Huskins: In the current environment many mature public companies are re-examining the steps they take to protect their directors, and officers, with a critical eye. One trend in this regard is the introduction of, or dramatic improvements to, the personal indemnification agreements offered by companies to individual board members. Another trend is an increased interest in wealth security policies, which are director liability policies that an individual director might purchase for him or herself with personal funds. The policies have a number of benefits, including providing a kind of umbrella coverage that a director likely does not otherwise have through his or her own personal insurance policies – including a personal umbrella policy; a personal limit that does not have to be shared with other directors and officers; and the ability to schedule multiple boards onto a board member’s single wealth security policy.

Smith: Loss controls, like robust compliance programs and executive education, may help mitigate exposure; however, those controls are unlikely to avoid it. Plaintiffs often sue directors and officers if the opportunity presents itself – even innocent directors and officers. So, if the company’s stock price drops or an M&A deal is announced, proactive risk management is unlikely to ward off greedy plaintiffs. The most proactive approach for individuals is to have broad indemnification from the company along with leading edge D&O coverage.

Hanley: Approaches to risk management vary widely. There’s often a flurry of activity around new laws and regulations or significant court decisions, but companies are usually much better off looking at risk management on an ongoing basis. There are a lot of bases to cover when it comes to protecting the board – everything from assessing D&O policy coverage and cases assessing the boundaries of indemnification coverage and liability limitation to developing and implementing compliance programs that may save the board from having to rely on its D&O insurance. Directors should insist that the company’s advisers have a work plan for covering all of these issues.

Carolyn Snow is director of Risk Management at Humana Inc and treasurer and director at RIMS. As director of operational and clinical risks at Humana, Ms Snow manages the corporate insurance program, including Humana’s captive and RMIS system. She is a member of the corporate acquisition team and served as a member of the core advisory group for enterprise risk management. On the RIMS board she has served as liaison to Conference Planning, Marketing and Communications, Quality and Technology. She also was Risk Manager in Residence at Ball State University and Temple University. Ms Snow can be contacted on +1 502 580 3861 or by email: csnow@humana.com.

Michael W. Smith is the president of Global Financial Lines at Chartis. Throughout his 16 year career with Chartis, Mr Smith has held a number of managerial positions including division counsel, EVP and CUO, president for the Professional Liability Division and  Financial Lines Claims and president of Executive Liability. He can be contacted on +1 (212) 458 2955 or by email: Mike.Smith@chartisinsurance.com.

Tom Hanley is a partner in SNR Denton’s Corporate practice. He advises public and private companies on a variety of corporate and securities law issues, including capital-raising transactions, M&A, corporate governance, SEC compliance, board of directors and board committee matters and corporate litigation. Mr Hanley can be contacted on +1 (202) 408 9234 or by email: tom.hanley@snrdenton.com.

Priya Cherian Huskins is senior vice president and partner at Woodruff-Sawyer & Co. She is a recognised expert in D&O liability risk and its mitigation. In addition to consulting on D&O insurance matters, she counsels clients on corporate governance matters, including ways to reduce their exposure to shareholder lawsuits and regulatory investigations. Ms Huskins is a frequent speaker, both nationally and internationally, and has published numerous articles on D&O issues. She can be contacted on +1 (415) 402 6527 or by email: phuskins@wsandco.com.

© Financier Worldwide

Carolyn Snow

Risk Management Society (RIMS)

Michael W. Smith

Tom Hanley

SNR Denton

Priya Cherian Huskins

Woodruff-Sawyer & Co.

©2001-2017 Financier Worldwide Ltd. All rights reserved.


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Home » Baby » Nursery » Nursery Décor » Night Lights

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These vibrant night lights have a slim profile, long lasting LED lights and
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Home » Books » Children's » Fiction » Animals » Dinosaurs & Prehistoric Creature

How To Make A Human Out Of Soup

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* How did human beings evolve?* How did life on Earth begin?* What are fossils?* What are genes?* Why do creatures become extinct?Prepare to boggle your mind as we try to answer some of the most important and amazing questions ever asked. Bring a packed lunch, and don't forget your time machine because we'll be doing a fair bit of time-travelling. Some protective clothing might be a good idea too, to cope with all the exploding volcanoes and meteorites. We'll be examining green slime (for a few billion years), popping in on the dinosaurs, meeting some of the strangest animals that ever lived, and saying hello to some close relatives you never knew you had. Welcome to the story of human evolution!

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The fun-packed, mind-boggling, illustrated story of human evolution

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Author, Tracey Turner, is a former children's editor and author of many non-fiction books for children, including Hodder's Disgusting Dictionary and titles for the Dead Famous series and 101 Things You Need To Know. Tracey lives in Bath and has appeared at the Bath Literary Festival.Illustrator, Sally Kindberg, has a vast experience of working on books and features, and running drawing workshops for both children and adults in venues as far apart as China and Shetland. As her childhood ambition to be an astronaut has not (yet) been realised, she explored the outer galaxies by drawing them. She is also working on the Short and Unlikely History of Sally Kindberg in comic strip form, and assembling a Dust Museum, which includes dust from the Great Wall of China and Dr. Who's Tardis.

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EAN: 9780349124131
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Flents Quiet Time Comfort Foam Ear Plugs, 40 pr

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Home » Health » General » Sex & Sensuality » Sexual Wellness » Novelties

Gift Set Of Lesbian Sex And a Bottle of Astroglide 70ml

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Lesbian Sex 101 Lovemaking Positions Book written by Jude Schell. Women do it better. Take your lover on a Joyride. Dip into Priscilla's Punchbowl, Tongue and Groove, and Toast Her Oven like never before. Discover 101 ways to caress, rub, lick, suck, grind, and slip inside with this groundbreaking collection of lovemaking positions for women who love women. Exploring the possibilities of every erogenous zone, this lesbian Kama Sutra offers deliciously inventive ideas for women to pleasure themselves and each other, including Gilding the Lily, Peach Gobbler, Hanky Spanky, Girl Wrap, Velvet Rope, and many more. One position will tease and delight her, another will intensify or prolong arousal, and still another will culminate in mind-blowing and even dual orgasms. Illustrated throughout with tantalising, sensual photography, Lesbian Sex brings lovemaking to new heights of daring, intimacy, and ecstasy. Categories for this book: Health and Fitness Sexuality. Pages: 224. ISBN: 978-1-58761-330-2. About the author: Jude Schell is a writer and producer of film and theatre and is also the author of Lesbian Sex and The Guide to Lesbian Sex. She began writing about female sexuality in 2005, intertwining sex, humour, and gorgeous, sophisticated photography. And a bottle of Astroglide 70ml

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Klean Kanteen Stainless Steel Classic Bottle 800ml (lime pop)

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Klean Kanteen Stainless Steel Classic Bottle 800ml

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Klean Kanteen's sustainably produced, reusable drink bottles are toxin free and provide safe alternatives to plastic bottles or plastic-lined aluminium bottles.
All Klean Kanteen products are made from high quality, 18/8 food-grade stainless steel, which is the material of choice in the brewing, food and wine making industries because it doesn’t retain or impart flavours. This means no matter how many times you refill it and no matter what you put into it, your Klean Kanteen will keep its contents fresh, crisp and clean tasting.
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• Pure Wilderness

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Diversified industrial Illinois Tool Works (NYSE:ITW) is acquiring a reputation for underpromising and overdelivering, and the latest fourth-quarter results only served to strengthen it. Its peer 3M Co. recently affirmed full-year 2017 guidance, and Illinois Tool Works did the same. Despite the excitement around what Donald Trump's election victory could mean for U.S. industrial output, management claimed its segments remained pretty much on track -- which suggests there might be some upside to current guidance. Let's take a look at another solid quarter, and how the company is set for 2017.

A guy using welding equipment

Image source: Illinois Tool Works.

Illinois Tool Works' fourth quarter: The raw numbers

Starting with the headline numbers for the fourth quarter:

  • Organic revenue growth of 2% came in at the high end of guidance of 0% to 2%.
  • Operating margin of 23.8% compared to previous guidance of approximately 23.5%.
  • GAAP EPS of $1.45 was ahead of previous guidance of $1.31 to $1.41.

In short, a pretty good quarter, and the company continued to expand operating margin despite moderately growing end markets. Turning to the full-year guidance, management merely reiterated the outlook given at its investor day presentation in December:

  • Full-year organic sales growth of 1.5% to 3.5%
  • Full-year GAAP EPS in the range of $6 to $6.20
  • Full-year operating margin to exceed 23.5%
  • Organic revenue growth of 1% to 2%
  • First-quarter GAAP EPS in the range of $1.39 to $1.49

A pretty solid quarter of execution, and as you can see below, the full-year operating margin of 22.5% continues the company's excellent history of margin expansion.

ITW Operating Margin (TTM) Chart

ITW Operating Margin (TTM) data by YCharts.

2017 outlook discussion

Given the improvement in industrial markets noted by other companies in the current earnings season, analysts felt obliged to pepper Illinois Tool Works' management with questions relating to why the guidance range wasn't increased. It's a legitimate question because in the investor day presentation, management claimed that its guidance didn't include any assumption for a bounce in industrial or oil and gas markets (the troubled welding segment has heavy exposure to the latter).

Management's replies alluded to its plans being made based on the trends it was currently seeing. Moreover, they pointed out that the ongoing margin expansion is largely a consequence of internal actions taken that they call  "enterprise initiatives" -- all the more attractive because margin expansion is not reliant on end-market growth.

Indeed, operating margin expanded 110 basis points (where 100 basis points equals 1%) in the fourth quarter, with enterprise initiatives contributing 130. In fact, if it hadn't been for the impact of the acquisition of EF&C, an engineering, fasteners and components business in the automotive sector, overall margin would have risen 150 basis points. As you can see below, all seven segments generated organic operating margin expansion and five of the seven generated revenue growth in the fourth quarter.

The strength in automotive OEM (original equipment manufacturing) is of particular note because it was stronger than auto builds in each reported region. For example, North America was up 2% compared to auto builds up 1%, Europe was up 8% compared to a 3% increase in auto builds, and China was up 33% compared to a 15% increase in builds. In other words, Illinois Tool Works is demonstrating it can outgrow its end markets. It's notable because some analysts are worried that global auto builds are set to plateau and possibly fall in 2017.

Chart showing ITW's organic revenue growth and organic margin expansion by segment, with automotive OEM leading with more than 6% organic revenue growth

Data source: Illinois Tool Works presentations. Chart by author.

Looking ahead

All told, it was a good quarter for the company. Margin expansion is ongoing, and if the company can get some help from end markets, its management may yet raise earnings forecasts in the future. Recent industrial data has been encouraging, and there are early indications of oil-and-gas capital spending recovering, and if this translates into meaningful end-market improvement, then Illinois Tool Works' underlying margin expansion will bear fruit.

Meanwhile, the company continues to quietly beat expectations and investors continue to be rewarded, even as they wait for better end-market conditions.

Lee Samaha has no position in any stocks mentioned. The Motley Fool recommends Illinois Tool Works. The Motley Fool has a disclosure policy.


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Chile v Bolivia: Top spot up for grabs in Group A

Hosts Chile and Bolivia will battle it out for top spot in their final Group A fixture in Santiago on Friday.

Bolivia can beat Copa America Group A leaders and host nation Chile to top spot, according to defender Edward Zenteno.

Friday sees Chile and Bolivia go head-to-head at Estadio Nacional Julio Martinez Pradanos, with only goal difference separating the two nations in Santiago.

Chile (+2) and Bolivia (+1) are both level on four points from two matches after the hosts played out a thrilling 3-3 draw against invitees Mexico last time out, while Bolivia saw off Ecuador 3-2.

Goals to Ronald Raldes, Martin Smedberg-Dalence and Marcelo Moreno helped Bolivia to only their second win in 18 fixtures and confidence is now high within the dressing room.

"We want to finish first in the group, we know it will be tough," Zenteno told reporters.

"The aim is to do good things on Friday and go through as the best in the group.

"We are happy, but we will not lower our guard. We are mentally prepared to have a good performance in every game - the confidence is there."

Chile come into the final group match with a less-than-ideal build up.

Star midfielder and Copa America's top goalscorer with three goals, Arturo Vidal, had his driver's licence revoked for drink-driving after he was involved in a car crash, while driving under the influence of alcohol on Tuesday.

There were reports Chile would expel Vidal from the tournament, though coach Jorge Sampaoli ultimately decided to keep the 28-year-old with the team.

However, there is another headache for Sampaoli in the form of Alexis Sanchez.

Sanchez underwent an MRI after feeling pain in his right leg and the forward could miss Friday's showdown in the Chilean capital.

History is against Bolivia in this fixture, having failed to win their past eight games against Chile.

Bolivia have not beaten Chile since 2000, when they triumphed 1-0 in a World Cup qualifier.


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Steenberge Belgium Sampler 6pk Bottles

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Fraser Wheeler logo
call-to-action call-to-action-mobile

Empty St Thomas units continue to fill up as another business opens doors on Cowick Street

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Tue 08 Dec 2015

Empty St Thomas units continue to fill up as another business opens doors on Cowick Street

A vacant unit in the heart of St Thomas, Exeter will be occupied once more by the end of January.

Previously the location of Britannia Building Society, 35 Cowick Street will be home to Fraser and Wheeler Estate Agents - as St Thomas continues to fill its empty shop spaces.

In recent months empty units in St Thomas precinct occupied previously by Blockbuster Video and a discount store have been taken on by Domino's Pizza and a Greggs bakery.

Another empty unit recently become a charity shop. However the battle to fill St Thomas isn't over yet. Fast food takeaway KFC has left its unit on Cowick Street following the grand opening of a nearby Alphington Road KFC last month.

Fraser and Wheeler, soon to be at the junction between Cowick Street, Cecil Road and Buller Road, began operating independently in Dawlish five years ago.
~ / ~
Owners Ian Fraser, Ben Fraser and Dawn Wheeler had 75 years of service in the industry between them when they set up their Queen Street branch.
Five jobs will be created when they open next month and the office is to be managed by Chris Parkes, an experienced Estate Agent who has worked for many years in the city, including time running another estate agent in Cowick Street.
Chris Parkes said: "I am very excited to be working back in St.Thomas again! I really enjoyed working in the area previously and met lots of lovely people, many of which I have stayed in regular contact with.
"I am extremely passionate about delivering a professional service for our clients at what can be an extremely stressful time and am looking forward to helping many more people in the future "
The business aims to support the local community in a similar way to their operation in Dawlish.
A significant donation was made to the rail flood relief victims last year and, more recently, a commitment was made to purchase a second defibrillator for Dawlish hospital.
Fraser and Wheeler are already taking instructions to sell property in the St Thomas area, with Chris Parkes requesting clients call him on 01626 862379.
Written by Exeter Express and Echo 08/12/2015. All material belongs to rightful owners at


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Design project

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Build a highly customised wordpress site

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В работе

Full web Design for [url removed, login to view]

I would like to have a new website designed for AtomBombBikini.com. The site should be written using PHP and use a MySql database.

The site should include a user/admin login, banner rotator, shopping cart with credit card modules and should be designed with a cutting edge look and maybe a few more things here and there.

Навыки: PHP

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( 1 отзыв ) United States

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