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#// just... the event is D&D related and all activity is slow paced
team-mavericks · 1 year
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A moment of weakness.
Morgan comes out of her room with some sketches she's been working on. She wasn't surprised to see Rin and Michael rough housing in the common living space. When she asked where Jet was, they paused the fight to answer he went to the roof and acting weird, and with a "Thank you" from Morgan they resumed fighting. Morgan opened the door to the room and immediately started talking. Jet was facing the horizon, away from the door Morgan just came from.
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"Jet, there you are. I've come up with another bike design. It's a cross fusion of your hover bike and-" Morgan stops mid sentence and sniffs the air. That's a familiar smell in a not so familiar place. "Hey, what smells like-"
It was then Morgan saw smoke come from Jet's face. There's a cigarette loosely being held between his fingers, the hand that held it hung low to his side.
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"JET!" Morgan rushed over and swiped the cigarette from him, Jet didn't even flinch. "What the hell are you doing?? You don't smoke!"
Jet didn't even respond. He's too focused on the horizon. Almost as if he's waiting for something.
Morgan's tone suddenly shifted. "Hey. What's gotten into you?"
It took a moment before Jet responded.
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"Gatz is in trouble, Makoto took Tamako to save him, and she didn't want me to go with her. And I'm... trying to be optimistic." He just dropped all this on Morgan, and of course that made more questions than before.
"What?" Is all Morgan was able to get out. She was still processing what was just said.
"Somewhere, Gatz is in so much trouble that someone had to call for help. They asked for Makoto specifically. I can't even remember the last time Gatz was in a bind, nevermind actual danger. Makoto's capable, but..." Jet's hand formed a tight fist and started shaking.
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"Why? Why didn't she want me to come with her? What if she gets hurt? Why didn't I just go with her anyway?? I'm such an idiot!"
Jet does get worried for his fellow Mavericks, but Morgan's never seen him get this upset before. He must actually be scared. Morgan puts her hand, still holding papers, on Jet's shoulder.
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"Hey. Do you think that maybe the reason she didn't want you to go is the same reason you wanted to go with her?" This made Jet turn to Morgan with a raised eyebrow. She continued. "You're over here worried for her safety because you don't want her to get hurt. What if she told you to stay behind because she also couldn't stand the idea of you getting hurt? You said it yourself, this is a GATZ level threat. She had to know the risk."
Jet huffed, looking back to the horizon. "You're probably right. I just don't see why we both couldn't take that chance."
Morgan moved her arm to Jet's opposite shoulder and leaned into him for a side hug. She looked off to the distance with him.
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"Gatz can be a cryptic bastard sometimes. He has connections we don't know about, even contingency plans for things we don't think of. For someone to call us about him, and ask for someone specific, it's probably more planned than we realize. Makoto is probably the perfect piece to the puzzle he needs, and the one who called knows it. Just have faith in her."
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Jet took a deep breath and nodded slowly at first only to grow more confidence in the nod. "I believe in her. I know she will come back. It's just hard in the moment."
"It really is." Morgan nodded and then looked at the hand holding the cigarette she snatched. "And the cigarette?"
"Mm. They're hers." He calmly admitted. "She doesn't smoke often, and she tries to hide it, but I've known about it for a long time. I thought maybe if I smoked her brand, some mysterious force of nature would grant her luck. Or at least she'd change her mind and call me."
Morgan shifted her frown a little. She then sighed and offered the cigarette back to Jet. "Then just this once. Don't go picking up bad habits like it's nothing, got it?"
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Jet took the cigarette back with a nod. This time, he took a drag not out of stress, but out of determination. She will return. She will be safe. And if she doesn't, he will fight the world if he has to just to bring her back. With an exhale, and a stronger resolve, Jet broke it in half. Another deep inhale, followed by a yell.
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"FUCK EM UP, MAKOTO! I BELIEVE IN YOU!"
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Thank you!!! <3 @kitty-selfshipping @empress-of-cornelia @apathetic-altruistic @fuck-yeah-selfships
1) What’s your and your f/o’s comfort food?
Sweets. 100% sweets for both of us! I tend to enjoy gummies and marshmallows, whereas Kuja likes fancy cakes like petit four <3
2) Do you have any weekly traditions? (Watching a movie together, going out to dinner, etc.)
We have sharing interest dates; where Kuja teaches me how to play the violin, and I teach Kuja how to paint! <3 It’s a nice change of pace in contrast to our more extravagant lifestyle :)
3) Do you have matching outfits?
We will never be seen together without having at least matching colors! We do have quite a few outfits that match, most of which we wear for formal events <3 (I am actually planning on creating a series of Kuja outfits to kind of build a wardrobe for him, so look forward to that! <333)
4) Do you have a bookshelf at home? What’s in it?
We have an entire room dedicated to be a library; it’s filled with all different kinds of books about history, fashion, plants, romance, etc. We also store our board games in one of our bookshelves, and one of them is specifically dedicated to Kuja’s small statues! <3
5) How does your f/o get along with your friends? How do you get along with their friends?
Kuja gets along okay with my friends, even if he does piss them off quite a lot! We actually play D&D with my friends! <3 I’m the DM and Kuja plays a healing based bard <3 He’s really good at the role-playing part, but a little slow at all the numbers and combat, which tends to annoy my more experienced friends?
Kuja doesn’t really have friends??? Wow that sounds mean. I do get along pretty well with Zidane! Garnet and Kuja have decided that the two of us get along a little too well
6) Is there an animal you or your f/o relate to?
Reptiles! They are solitary, nocturnal, and generally ‘lazy’. We enjoy spending days in bed with nice food and each others company. It doesn’t help that we actually own 4 reptiles!
7) Does your f/o collect anything?
My darling collects jewelry, artwork, statues, and other interesting trinkets! Our house could be a museum would it be a little bit more organized <3
8) How many pictures do you have of each other? Of both of you?
We have a lot of portraits made of us! Outside of that, Kuja had a lot of portraits made of him before we got together, and add to that all the portraits I make of him; and we could fill up an entire room of Kuja artwork! <3 I myself am a little more shy, so I don’t have any of just myself. (outside of the one Kuja got commissioned to keep in his wallet)
9) How does your f/o text? (With a lot of emojis, monotone, perfect grammar, etc)
Kuja writes with proper grammar (he doesn’t even shorten words like ‘Don’t’). I’d imagine he would use emoji’s sparingly, and usually just use ones like the rose or hearts.
10) Does your f/o leave you cute voicemails?
In a modern AU, I’d say yes; for sure! <3
11) Do you stay at home or go out more?
We go out a lot! Almost every day, actually. We often go on walks, or go see plays, orchestra’s, and other similar activities. We also visit art galleries, museum’s and auction houses. We are usually on the move, and while we do enjoy spending time at home, Kuja likes to be seen.
12) Does your f/o write?
He does! He writes a lot of poems, and stories. Most of the words coming out of his mouth are quotes of different works he admires; very theatrical!
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an-avid-reader · 5 years
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Onyx (Lux #2) - Jennifer L. Armentrout
my rating: 4/5 stars
**since this is the second book in a series, the synopsis below is for book 1:
After losing her father, Katy and her mom move across the country to West Virginia. With her luck, Katy's new neighbour is pleasing to the eyes...maybe even abnormally so. But that's not all, this town has it's secrets--maybe that's just how small towns are. Little does Katy know that her new neighbours Daemon and Dee are more than they appear to be. As Katy is swept into Daemon and Dee’s lives, she quickly learns that they are aliens; as she spends more time with them, Katy has an aura which makes her a target to other aliens. Paradoxically, Katy must be protected by the twins while also losing the aura before she gets killed.
Note: this review is written after rereading the book
Link to Goodreads // book 1 // Spoilers in review!
First off, I feel like I need to start off by saying if you’ve got a lot of time on your hands/you want to binge-read a whole (semi-light hearted???) series in one go, this is the one for you. The second book in this series starts off a few months from the first book, so if you have an incredibly bad memory, a book marathon is the way to go y’all.
And, like in book 1, we start off with some heavy romance, which, in retrospect, I’d be shook if ANY human in secondary school was able to have such deep emotions towards another person--being a teenager is just a weird part of life and I honestly have no idea how people can honestly get into relationships. ANYWAYS, the classic love triangle commences is introduced, with good ol’ Blake….ahhh what an idiot this boy is. Since this was a reread for me, I only remembered fragments of the series, but I 100% recalled that Blake was just so NOOOO and a goddamn snake.
I actually want to start off with Blake and how much of a traitor he is--like damn, there are so many layers to the story and the fact that it’s all kind of Blake’s fault….big yikes. But then again, I feel like he never got a proper childhood, if that makes sense?? He did suspect that the accident that led him to be mutated by Chris was probably staged, which sucks, but also does not make up for how much pain he’s caused to Katy and anyone that was in the same situation as her. Listen, the fact that he didn’t realize how he was hurting Katy just goes to show how much of a shitty person he is--it’s almost like he can’t think for himself, which is also just so fusterating. LOOK BLAKE, NOT EVERYONE LOVES THE THRILL OF A NEAR DEATH EXPERIENCE MULTIPLE TIMES. Alas, he was a necessary evil, I guess.
There were times throughout the book where I couldn’t believe that Katy could continue to fall for Blake’s tricks, but then again she fully trusted him--big yikes. I feel like in this case, it was emotion (or better yet her feels) that got in the way of her judgement. Side note: I don’t think anyone who’s read these books could possibly think that Blake and Katy are a better couple than Daemon and Katy. Daemon can be an ass but at least he isn’t trying to hurt people emotionally and physically (and that’s the tea, folks). But anyways, I will say that Blake is super shady, but honestly, I completely forgot that he’s related to Vaughn….oops?? I’m a little surprised that Katy didn’t look up Blake earlier as she saw him as a “potential future prospect”, but then again, she might not have connected the dots--or at least pull the WHY DOES THAT NAME SOUND FAMILIAR and then before you know it, all hell is breaking loose.
But let’s backup...to Katy’s 18th birthday (again, yiiikes….). I have no idea how Katy’s powers were not spotted by human witnesses--especially Lesa and Carissa. How were they kept in the dark (and technically they still are) when Katy was almost always with them?? We’ll never know….well actually, Katy’s just really good at keeping secrets I guess…It was so frustrating how Daemon and Katy were keeping everything away from Dee, but they had her best interests in mind. But man, that led to Katy being a crappy friend to Dee, Lesa, and Carissa…it’s almost like Blake’s personality grew onto Katy (g r o s s). Not to mention with Dee sharing some tmi stuff with Katy--but to be honest, after reading Shadows I can understand why Dee is so thrilled to talk about that with Katy--she never had those types of girl talks with anyone (and I’m sure she doesn’t want to talk about it with Ash lmao). 
Those little details -- along with Katy’s blog, the fact that Katy just wants to have fries (relatable lol), it just makes the book so much more “believable” (I guess) as it puts in some normal-type things among all the paranormal activity. I really appreciate those details as they also make the story a little more relatable, if that makes sense??? As a bookworm, I can connect with Katy, but I can also connect with her in the sense where she felt useless during the action-packed scenes. You can definitely feel the frustration and anger when Katy is unable to defend herself under Will’s captivity--I feel like that’s where Blake’s betrayal stung a little (besides him killing Adam)--she trained so much with him, and in the end it’s like she didn’t really learn anything.
For the side characters I wanted to mention: Will, Katy’s mom, and Matthew. Okay, so first, Will, I already had a suspicious feeling about him in Shadows but, again, this particular book is a reread for me, so while I didn’t remember the exact details, he was always super fishy. When I was reading Shadows I remember thinking something along the lines of “Bethany’s uncle is super weird and suspicious”, but for some reason “implant” was not what I was thinking...I thought that Katy was going to tell her mom about her “boyfriend”, but I guess that will have to wait until book 3 (or 4?? I don’t remember oops). It’s so disgusting when he was like “yeah being with your mom had some benefits” WILL YOU’RE A FILTHY MAN. Ugh and then when Katy’s gonna tell her mom, her mom is gonna be like listen honey I know you don’t like him/he’s not your dad...but it’s in reality, Kellie, your “boyfriend” is just using you!! Ahh her poor mom :( Speaking of which, I genuinely thought that Katy’s mom was completely oblivious to the fact that there was always some guy at her house/hanging out with Katy. Alas, Kellie noticed, but damn she thinks Katy is a slut or something (I’m not slut-shaming--you do you boo - I just think it’s messed up that her mom would think that of her daughter). Again, the awkward sex-talk with her mom was sort of like a light reminder that while Katy is mutated, she’s still a human at her core. Finally we have Matthew--which I’m going to be honest, he is the MOST UNDERRATED CHARACTER!! I feel like most people are obsessed with Daemon (which is fair enough) but Matthew is honestly the GOAT. While he doesn’t really have a relationship with Katy like he does with the Luxen kids, he still cares about her. He’s like the old wise man but I guess he isn’t that old (he’s not an Elder, but he’s Luxen….hmmmm….). He genuinely gives Katy some solid advice, even though she technically ignores it. But at the end, when they’re cleaning up Adam’s blood….oh man :( Katy definitely needed to hear those words.
I felt like that particular point - the climax, while it was anticipated that Blake was a bad guy, there are soooo many emotions. We first start off by Katy basically telling Dee to get lost (which may I remind you that Katy was being a crappy friend, so this was just so heartbreaking...gosh darn it, Blake, why do you have to be so manipulative!!). Then we get into this sequence of action--and then the moment that Adam took the “bullet” for Katy...well that would definitely be shot in slow motion...yes it’s cheesy, but damn. Adam--aka the quiet boy who finally became Dee’s boyfriend; Dee, who is Katy’s best friend, yes that Adam...he died for his girlfriend’s best friend. It’s such a powerful thing to do on his behalf, even though it’s messed up in so many ways--and then there are all the layers of Blake’s betrayal...I have no idea of Armentrout planned out the novel, but from that part and onwards, I felt like I was on an emotional rollercoaster. 
So for me, the layers, the details, and the last 100 pages or so are the main reasons why I find that the sequel is better than the first novel in this series. I felt like Armentrout’s writing improved: the romance scenes were way less cheesy than in Obsidian and I felt like there was like fluff -- again, this goes back to the layers that basically make Blake’s betrayal even worse than it would’ve been if it were just between Blake and Katy. The pacing of the book seemed to work with the flow of the story; this allowed the plot to be developed and I felt like the events were adding up pretty naturally.
The ending is so bittersweet--we find out that Dawson is alive, but it was to the cost of Adam’s life...all the main characters, but Dee especially, don’t even have time to process one event before the next one occurs. And of course Dawson’s return is where the story ends; the classic cliffhanger (I did mention earlier that this is the type of series to binge read!).
I’d love to hear your thoughts on this book--is there a particular scene that made your blood boil or did you try to understand the characters’ motives? Overall, did you enjoy the book or was it just okay?? I’d love to know! =D
Thank you for reading my review, I hope you have an opulent day, wherever you are in the world!
~ Cassandra / an-avid-reader
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behardonyourself · 5 years
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My Ironman Training and Nutrition
As I have mentioned numerous times here on this blog and in my social media profiles, I am training for a full Ironman 140.6 in November, and I am doing so on a plant powered diet.  Recently, I have been asked quite a bit about what that entails and what does a typical day look like for me.  I am going to set up a full training log that’ll be easy to navigate, but here I am going to lay out my outline, strategy, and mindset.
First, a little background about me.  Like many, I have a family:  My elementary school teacher wife, coach, and therapist Lisa, my 14 year old son Peyton, and my 9 month old daughter Ava.  In June, it was only me and Lisa and our pets, Knox (coon dog that barks entirely too much) and Izzy (Juliana piglet that thinks he is a human).  Ava was born in July.  Of course, adding an infant to the mix drastically changes any family.  Peyton came to live with us full time in October.  So our empty nest became a full nest seemingly overnight.
Of course, I have the challenges that any parent has:  Get Kid A to Point B at Time C.  Make sure homework is done, kids are fed and bathed, the animals are walked, the house is taken care of, bills are paid, etc.
I also have a very rewarding, yet very demanding career.  I am in new homes sales here in the DFW.  My schedule is very demanding, requiring me to work 8 hour days a couple of days during the week, a 10-12 hour day on Thursday for training, and a minimum of 25-30 hours on the weekend, every weekend.  Similar to most retail jobs.  I am also involved in the mortgage and financing portion of the job, and assisting clients with becoming ready to buy a new home.  Even if I’m not at work, I’m typically doing something work-related.  I am typically REQUIRED to be at the office 55-60 hours per week and spend another 4-6 hours per week when I’m “off” meeting clients for loan applications, closings, or on the phone providing whatever service they need.
I give you my background NOT to have a pissing contest with people that do more or less than I do, but to make a simple point:  THIS IS LIFE.  On the surface, TIME is not easy to come by.  But training and reaching the goal of becoming an Ironman is a top priority to me, so I don’t look for time:  I make time.
Sometimes I wake up at 3:30am for a run or a ride on the Peloton or to hit the rower.  
Sometimes I get in a session at 6pm.  
8pm.  
10pm.  
It isn’t the perfect “routine” that so many people strive for - but it is what it takes for me to get what I need to do done.
A few questions that I probably should answer now.
First:  What the fuck IS an Ironman 140.6?
An Ironman 140.6 is a Triathlon that consists of a 2.4 mile swim, 112 mile bike ride and a 26.2 mile run (a full marathon) which equals 140.6 miles.  They are completed in that order, consecutively, with little to no break in between.  Competitors have 17 hours to complete the race with cut-offs for each of the 3 events during the race.
What is a plant powered diet?
Plant powered is exactly what it sounds like.  In short, I don’t eat foods that come from animal products.  This includes all meat, seafood, and dairy.  Initially, I shifted to being plant powered because I just felt better.  I’ve never felt like I could perform optimally on a typical bodybuilder style diet, and the immediate improvements that I felt completely sold me on this lifestyle.  
In short, I eat what would be considered a “Vegan” diet.  I don’t like that label for a few reasons, but I’m not going to get into that here.  I do know that a lot of people think of vegans as scrawny, spindly types and I am obviously not that.  In fact, more and more pro athletes are shifting to this style of nutrition and are able to maintain (and even increase) lean body mass without issues.
Hell, I’m still a bad ass and have a lot more muscle than those guys chugging down protein shakes, slamming steaks and consuming 1g-1.5g of protein per pound of bodyweight.  I’m just able to run a lot further than they are...
But how do you get your protein?
The same way a motherfucking silverback gorilla gets his - by eating fucking plants!  Beans, seeds, nuts, veggies, grains - they provide more than enough readily absorbed and useful protein to provide us with what we need to fuel and recover.
What is your training program?
Unless you are planning to compete in an Ironman, my training should not matter to you.  I do a lot of shit.  Although I hadn’t done much in the previous 5 years, I had 20 plus years of training experience prior to that and thankfully, my body quickly remembered life before I became a fat ass.  Yes, I lost 60lbs in under 4 months.  But if you are untrained and looking to mimic what I did/do, you may fucking die or get seriously injured.
With that being said, my training is very specific.  To become a better runner, one must run.  To become a better swimmer, you gotta swim.  To become a better cyclist, you have to put the bike miles in.
In October, running 1/2 mile almost killed me.  I own a Peloton and had ridden it frequently (even fat and drinking every day), but I had never been on a good road bike.  I hadn’t swam a meaningful lap since Air Force Pararescue training in 1995.  Needless to say, I was starting from ground zero.  Hell, I was in the basement.
One important thing to realize is the actual breakdown of the Ironman.  The water is about 10%, the bike about 50%, and the run is about 40% of the race.  Now, we obviously need to focus on our weaknesses.  If I can’t swim 1/4 of a mile without drowning, nothing else matters.  So there is a minimal level of competence required.  But I do focus a lot on the bike, because a) I have a Peloton in my home and it allows me to get miles no matter the weather, my schedule, etc. and b) the bike is the lion-share of the race, c) cycling is low impact and tends to help me increase training volume without increasing injury risk while also facilitating recovery and d) I am actually not terrible in the water or as a runner.
My training typically runs about 15-25 hours per week.  Yes, that is a lot.  I view my training cycle as a two week breakdown vs one week, because that gives me a better picture for assessing where I am at and how I am doing.  I mix in a couple of “accessory” training days to focus on overall strength (resistance training), variety (I love the row machine), core, etc.  Here is a typical training breakdown for me.  
Know that I walk my dog nightly (1-2 miles) and sometimes do that weighted with 65-75lbs of weight.  My days off change every week, so I’m listing everything by Days 1-14.  Days 6-7 and 13-14 are weekends (since those never change) and days 4 and 11 are Thursdays, which also never change.  The other days may change depending on what time I have to work or get off, but my Thurs, Sat, Suns are fairly consistent.  These are days I’m typically up at 4am. 
Current Benchmarks: Last week I ran 20.2 miles right at a 10 min per mile clip.  I was fine and could’ve run 20 more miles, but my goal was 20.  
My swims are usually 1200-2000 yards.  I am not swimming until complete fatigue, just staying comfortable in the water and focusing on technique.  Once it warms up a bit, I will be swimming in open water at Lake Ray Roberts.
I feel that I am becoming a very good cyclist.  100 mile days don’t hurt me much.  
Day 1 Light Peloton (20-30 minutes, hr +-115) Long ride (Currently 40-50 miles)  Short run (1-2 miles) Intensity is low here (10 min mile) Yoga/Stretching (30-90 minutes)
Day 2 Moderate Peloton (40-60 minutes, hr +-140) Swim (1250-1500 yards) Resistance Training (full body) Optional short run Yoga/Stretching
Day 3 Light Peloton Long Run (8-20 miles, 10 min miles, hr < 140) Yoga Stretching
Day 4 Long Peloton 60 min+ (hr depending upon how I feel post-run) Yoga Stretch Optional swim
Day 5 Light Peloton Medium Ride (20-30 miles) Short run (6 min miles, 1-3 miles) Stretch/Yoga
Day 6 Medium Peloton ride (45-60) Resistance Training + Rower (20ish minutes) + Core work Optional Short run (10 min mile pace) or Hill runs Yoga/Stretch
Day 7 (Active Recovery Day) Medium Peloton Ride Yoga Stretch
Day 8 Light Peloton Bike ride (20-50 miles) Optional short run (inversely intense based on the ride - short ride, hard run, long ride, slow run) Stretch/Yoga
Day 9 Medium Peloton Resistance Training + rower Short Slow run Yoga/Stretch
Day 10 Light Peloton Long Run (8+ miles) Yoga/Stretch
Day 11 Long Peloton Short Slow run Yoga Stretch
Day 12 Swim Med-Long Cycle Yoga Stretch
Day 13-14 (repeat Days 6-7, may throw a moderate run in on Day 13 if I’m feeling it).
A couple of notes: -I do yoga and stretch every single day, a minimum of 30 minutes per day.  Sometimes my stretch sessions are over an hour.  Sometimes, I stretch 2-3 times per day.  Nothing affects my recovery more than my stretching - if I skimp, I feel it in my hips and legs.  
-90% of my showers are ice cold.  
-I sleep at least 7 hours per night
-I monitor and chart my resting heart rate, my sleeping heart rate, and my body temperature as an indicator of how well I am recovering.  (That is a lengthy post in itself).  
Once I start logging the actual training, the above schedule should make a bit more sense to you.  For those that think they could never do an Ironman, well, you can if you decide to.  It’s 100% between your ears and has little to do with the current condition your body is in.  
One bit of advice I’d give is to find something, pay for it, and start fucking training for it right now.  My initial catalyst was a simple 3.5 mile obstacle course race on June 22.  I didn’t want to die doing it, and I talked a bunch of friends into doing it with me, including my son Peyton.  Once I started training (not actually doing the races, simply fucking training for them) and seeing how I was progressing, I simply said “fuck it” and got the bug.  Just the fucking IDEA of doing something new changed my entire life’s trajectory.  That is all it took.  
Now my race schedule is: -June 22 - 3.5 mile OCR Texas Stadium, Arlington, TX -Aug 10 - 8.5 mile OCR Boston, MA -Oct 22 - 50k OCR (yeah, 50k motherfucker) Dallas, TX (this race will complete my Spartan Race Trifecta) -Nov 24 - Ironman Tempe, AZ
Is it smart to run a 50k a month out of Ironman?  Probably not.  I don’t know, and I don’t really give a shit.  I do know that when I put my credit card down for each of these events I was scared to fucking death and at that time I had no idea how in the fuck I’d ever be ready.  That was before I had remembered that I am not a pussy and I am one bad motherfucker, just like you are.  So stop being a pussy - it is holding you back more than you’ll know.
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spirit-science-blog · 4 years
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With this video, our Hidden Spirituality series comes full circle to its origin point. While the original conception of the series happened many years ago while watching Airbender, it was in December of 2019 that I went to 3 movies and came out with scripts for each one that ultimately became the foundation of this very series! The first was Frozen 2, which was our first episode, and the second was Star Wars 9, which came out on May the 4th to very varied perspectives. Yeah, I don’t blame ya’ll on that, and the 3rd movie was the 2019 remake of Little Women, showing that Hidden Spirituality can be found everywhere - and this one may very well have been the most mystical story out of the 3!
Don’t believe me? Check this out. In the original book, chapter 28, we find this line… “Jo rescued his babies, and marched up and down, with one on each arm, as if already initiated into the mysteries of baby tending, while Laurie laughed till the tears ran down his cheeks.”
Let’s have a slow-motion replay in case you missed that. “As if already initiated into the mysteries into baby tending.” I’m sorry, it doesn’t matter what century you’re in - if you’re using the language “Initiated into the Mysteries” of ANYTHING - you know more than you’re letting on about. And it was around this realization that the truth began to be revealed around this story, demonstrating that it’s just that much more in-depth than almost anyone truly knows.
And for those of you who are still in the dark, allow me to illuminate you for a moment - the language Initiated into the Mysteries stems from the ancient Greek and Egyptian Mystery Schools - where Initiates would be initiated into the sacred mysteries of life, often through purification rituals, holy ceremonies, plant medicine, the revelation of divine knowledge - and it was considered a most pious and religious activity - as Initiates of the Mysteries would go on to become beacons of truth, love, and light in the world, helping others to attain to higher levels of consciousness just as they did. Of course, as it’s used in this particular passage, it’s speaking to the sacred wisdom and knowledge that comes with raising a child, which in-and-of themselves are mysteries to be initiated into, most definitely. The secrets of life, right?
Now, the original story of Little Women was first written in 1868, so this is saying something - and it has served as a powerful beacon of truth for women everywhere in realizing that there are so many paths we can take. We are not isolated from fulfilling the stereotypical roles that often accompany our genders. and as a man myself… a Patchman that is… I found the story to teach quite a lot about the nature of the divine feminine, and it helped me connect more in-depth with the gender divide that often is found within society.
Plus, being how I was raised, a patchguy filled with stuffing and all, there’s not a lot of watery elements inside here, but every time I see this scene of Beth getting her piano at Christmas in the 1994 adaption, I can’t help but tear up… Oh god, it’s happening again… It’s so precious… I think for that scene alone - this is my favorite adaption, but we’ll probably go back and forth in this video referencing the different versions.
So straight up, the first thing that stood out upon the revelation of this movie's mystical nature is that four girls are a reflection of the Four Elements. Each sister represents two of the four elements, each starting in one aspect and then transitioning to another through personal growth. The four factors, of course, speaking to Fire - the spiritual will and passion. Water is the emotional body, Air is the Mind and thoughts, and Earth is the Physical dimension. Subtly, because it will be relevant later - the Aether - the fifth element, relates with spirit and the incorporeal. In Little Women, the story takes place mainly over two eras, a period of childhood and a young-adulthood period, which are essentially divided between two events. The death of Beth, and the Marriage of Meg.
So we have Amy, Beth, Meg, and Jo. Starting with Amy, she begins as a representation of the fire element, the youngest of the four, who especially in the book is described as being very selfish, familiar to the Princess of Wands in the Tarot, focused on her own needs and ideas. She burns Jo’s book at one point, demonstrating more of her fiery energy.
Next, we have Meg, who begins as Earth. She is very focused on the material future she wants to create, having money and wealth. The story goes that they used to have wealth, but their father went off to fight in the civil war, and the family sank into poverty as a result. Meg yearns for the wealth to return and believes it is through marriage that this can happen. Of course - wedding rings usually holding a stone further adds weight to her representation of the earth.
After this, we have Beth - the soft-spoken, loving, and nurturing one. Definitely water. She is always calm and centered, one who humbles the rest of the group whenever they’re having an argument, wishing the best for everyone and hoping that the group can find harmony and happiness all the time… once again, that piano scene… You can’t help but cry.
Finally, there is Jo, the often seen “star” of the show. Jo is the different one; she is unique; she thinks very differently than her sisters and most young girls her age. She connects more with her creative energy; she likes to write and tell stories and doesn’t care much for the idea of getting married or having a family. She’s an expression of the divine feminine who actively chooses her reality, rather than just going along with the imposed story that women exist to get married and have babies for the men, and this is one of the essential pieces that contributed to the success of this book, to begin with. It empowered women to think differently about their roles in society and support them no matter what path they chose.
These relationships match for the first half, but once they transition into adulthood, we see a much different picture.
Once again, starting with Amy, she transitions from Fire into Air. She becomes more intelligent, more mindful, and travels to Europe to learn the art. Now you might think that she may transition to the element of water because she's doing art - but there is a line in the movie, specifically, that suggests her paintings lack emotion and needed some work. Further, much of her story in the second half revolves around her marriage to Laurie's young man and the choice of whom she should marry. Ultimately, she puts a lot of thought and consideration into this decision, something only a very mindful person would do.
Now Meg, on the other hand, transitions from Earth into Water. She marries for love, rather than for riches, a potent example of the shift in consciousness from a more worldly state of being. This results in her remaining poor for the rest of her life, and she’s okay with that because she’s happily married, the thing she wanted. At one point, she buys fabric for a costly dress. Still, she does so because of her friend's emotional pressure, and upon seeing the effect that it had on her relationship with her husband, due to how much money they had, she sells the fabric to support her family.
Next, we have Beth… Now, Beth is an interesting example because she passes away in our transition to adulthood. Beth transitions from the Water element into two different aspects: Earth, because her body returns to the earth. However, before she passes, she says she is going to God soon, and herein we see that indeed, she also shifts into the 5th element, the Aether, one with Spirit. Through her, all of the features are covered.
Finally, we have Jo, who steps out of her comfort zone of just thinking about her dreams, but genuinely stepping out and living them. With her Air transition, she moves into Fire, embodying the matured fiery energy as she moves away from home and becomes a published author. Again, it gives a strong and empowering message about how anyone can live their dreams if they’re willing to go after them through its storytelling.
Not only do each of the girls demonstrate these elements in their transition, but we also see them embodying and educating us subtly about the wisdom we find in the Royal Arcana of Tarot - the youthful and mature energy of each element, from childhood to adult stages, or the princesses into the queen archetypes.
From here, we can also see some exciting correlations of fundamental differences between the various film adaptions. Greta Gerwig's 2019 edition is much more intelligent than its predecessor, keeping a fast-paced dialogue and consistently jumping in the timeline between past and future. In contrast, the 1994 edition was entirely linear and far more emotional. This version is a bit simpler and more comfortable to follow but conveys a more significant emotional weight. In contrast, the new version is a bit more expansive, covering a greater awareness of the times and gender roles. These differences alone might identify the 1994 edition as relating more with Water and Earth's elements and the new 2019 edition as Fire and Air.
While the 1994 edition was more concerned with simply telling the story in a meaningful way, the 2019 version carries some other messages that are very important for our collective spiritual awakening. In particular, one line has Amy describing that marriage is an economic proposition, wherein upon marriage, the wife is owned by the man, and when children are born, they too are owned by the man. Of course, while times and collective mindsets have changed a great deal since this period, we need to realize this truth as society continues to evolve. Just consider that in another hundred years from now, what ingrained belief systems we may recognize are ridiculous, but yet today, we deeply cling to. To create a more harmonious future, we have to learn from our past, and this story does a beautiful job of presenting our history for us to digest today. Breaking free from her old reality, Jo says “
“Women have minds and souls as well as hearts, ambition, and talent as well as just beauty, and I’m sick of being told that love is all a woman is fit for,” but then also expresses that she too is lonely, and this is something that we all must face, both men and women alike, balancing the masculine and the feminine within.
Honestly, even I’m relatively new to this story, yet I recently learned that my mom said she read it nearly 20 times growing up, as there wasn’t very much content available for young girls liberating in this same way. It would have been even worse 150 years ago when it was first published; how many female protagonists were there in storytelling? Women were always the love interest or the wife, but never the hero or the main character. This book shifted the landscape for women’s literature by being something that half of our human population, at least in our western world, could connect in a significant way.
“It’s just about our little life,” says Jo, of the new writing she is producing. “Who will be interested in a story of domestic struggles and joys? It doesn’t have any real importance.”
“Maybe,” says her sister Amy, “We don’t see these things as necessary because people don’t write about them.
And so - with this, we find perhaps the deepest and most profound lesson we can all learn from this story… it doesn’t matter who you are, male or female if you find important in some aspect of life, something that others seem to glaze over even if it is meaningful… talk about it, tell the story, and who knows, you might start a revolution.
Happy holidays everyone! See you next time on Hidden Spirituality!
Written by Jordan River Edited by Zach Bouker Created by Team Spirit Connect with the team at https://spiritsciencecentral.com/about
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driftwork · 4 years
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12 months more or less, it had gone like this...(a london story appendix 9)
The woman boarded the flight to London from a German airport, everything had begun in Tokyo and she had spent the last eight days in Switzerland (Zurich) and Germany (Frankfurt Au Main). The woman was sure that neither her sister nor the man had traveled to any of these cities, as far as she knew they had scarcely left the locality they lived in. Little real information of their activities was available, living in open sight they were almost invisible.  This is scarcely important however in this story of a person traveling from Tokyo to see her sister and to ask for some of the money she'd taken back, and for her to do some work for them, to ensure that peace continued. It's a morning in May, a lovely day which is like summer. Which is a sublime detail as the photons fall from the sun making the sky a pale blue colour which is of some importance to her and the bodyguards. But where to start ? Why not at the beginning of the end with the woman boarding her flight to London [...]
It was better to travel from Frankfurt to London she thought because what mattered was her long trajectory from Tokyo to London and now it was here a final direct flight into the city. The flight took about two hours and they arrived at around three to three thirty in the afternoon. So here they are sitting in business class, she occupying two seats whilst they sat comfortably close - the trip had been booked by her secretary and she'd done a good job. The flight attendants were courteous and unobtrusive. She drank clear fruit tea, and a light snack. She is in her mid to late thirties, quite tall, dark hair, thin and healthy looking. Though you couldn't tell because she is dressed in linen trousers and jacket over a silk blouse, she has a single headed dragon tattoo on her body. (Her sister has a double headed dragon on her body) The attendants imagined that she was a business woman accompanied by her assistants, perhaps a senior manager of a multinational corporation, an anonymous business woman who spends her life generating economic growth for the corporation. But of course, one of them said, she could be a politician flying into London to attend cabinet level meetings with foreign office officials. (You are so romantic the others said....) She fell asleep in her comfortable business class seat, dreaming of a child and a partner who was looking after her, she imagined him taking her to school,  eating ice-cream with her at the municipal park, perhaps chatting with the other parents. He was enabling something close to normal life for a child she knew. In her half asleep state she looked more obviously muscled, less elegant more obviously signs of her working out. As she woke up she stretched and then looked at her agenda of  meetings with two sets of nervous hedge fund managers.  She looked at the newspaper and its color supplements that the attendant had given her. She looked through the business section, read the micro-paragraph stories that were on the front pages, twenty five words each story with small photos or charts. She ended up looking at the magazine section which contained some photos by Gary Winograd and a thermonuclear bomb mushroom cloud. Some of her distant relations had been vaporized by the bomb at Nagasaki she remembered,  feeling a little saddened about this event that was probably why she was sitting on this plane descending towards London. She remembered her friend Aldico who had died last year in a car accident, he'd crashed into the back of a lorry whilst desperately trying to escape from his pursuers. She wondered at the trail of destruction left behind by the growth of value. It was peculiar how value had a relationship of  equivalence with death. She sighed closing the magazine and noticed a reference in the business section, a recommendation for Kwarbarti's IPO shares. She wondered about this. Her heart briefly raced, she hadn't really had an arrhythmic heartbeat for over a year. After testing he doctors had told here it was caused by stress,  which for some reason she no longer seemed to suffer from.  She had seen many images of violence, even some real ones, none had caused her to feel stressed since last year. The co-pilot announced they were coming into land and they should look out over the city and enjoy the view.  The plane curved round to the right at around 700 feet a tall skyscraper could be seen out of the windows just below them. The buildings and ground of the city dull and mechanical below them, a few small parks. The plane dived in towards the city airport.  Wheels down, flaps down, engines reversed, air brakes. She looked at the photographs of one of the anonymous global meetings of the richest people and countries in the world, thinking there was no difference any longer every photo was edged in gold. She turned the page and looked at a picture of a young half naked man being casually tortured. She closed the magazine and put it aside [...]
They landed, taking the hand luggage, collecting the luggage off the  conveyer belt speaking to the immigration and customs officers about why she had come. There was a chauffeur waiting with a sign (single dragon head industries - Ms Seo)  to take them from the airport to the hotel.  [They had arrived] The car was hot from the afternoon sun. He turned on the air conditioning for them.  The younger bodyguard sits in the front with the driver.The older next to her on the passenger side. It was a slow trip skirting the city of London, across the top of the congestion charge zone and down past the park to the hotel.  The hotel had two restaurants, one cafe, a pool and gymnasium, room service, secure internet, twenty four hour laundry service (which she used),  themed suites and rooms, she had ordered a neutral suite with light grey walls, wooden floors and rugs. She didn't know what their rooms were like, one on each side of her suite. The hotel was mostly full of business  travelers who seemed to be always busily going somewhere or other. In the hotel in the evening she would talk to her dark suited bodyguards about the hedge fund and venture capitalist people who she was scheduled to meet the next day and about their nervousness whenever she turned up, they were drinking Mohitos in the terrace bar, before she retired to the suite. . Is that why you always schedule at least a day? The older of the two bodyguards asked. Yes with enough time they relax and begin to speak. She asked them if they had found the investment trip interesting  {more than I thought it would be}. The rest of this week, after tomorrow is a board meeting at the london office and the meeting with my sister [///] They ate light food in the restaurant, the older body guard checked the security of the hotel and booked a room for the meal tomorrow night. (There was a blue plaque saying that Rebecca West and James Joyce had stayed here.) In the cafe she ate some ice cream whilst reading some papers that had been delivered to the hotel for her inspection. Over the dual carriageway there was a large park, mature trees all along the roadside with green open spaces beyond it, there were people playing an unidentifiable ball game directly opposite her. A variant of baseball she thought. The city had a long history, a thousand years or more, this section had been villages before the expansion caused by the industrial revolution. The younger bodyguard was checking the road map for routes to the hedge fund offices, they could pass through the centre of town or travel a little to the south and along the embankment. He chose the second route along the embankment. He remembered the pleasantness of driving through the park to the river. [...]
She went upstairs and puts on a TV weather channel that is dedicated to meterology, it informs her that the weather is going to be dry and warm, maximum temperature of 23 and lows of 12, humidity at acceptably low levels high pollen.  Good weather for meetings in the city and perhaps some al fresco dining at lunchtime. Though this would make her bodyguards nervous so perhaps they wouldn't allow her to sit outside enjoying the sun and would force her to go somewhere more secure.  And  makes some phone calls to Japan, to talk to D, she would speak to her daughter in the morning before leaving the hotel. She turned {off} the air conditioning down to a low murmur and  opened the window onto the balcony to feel the warm polluted air of the city and listen to the traffic noise. There was an endless stream of traffic passing by below, nine to eleven floors below.  Slightly bored, wishing the week was over and she was going home she waited waited waited until the door beeped and the hotel staff asked if she needed anything. She said no to the face on the screen, her left hand holding a knife. After a while she changed and taking one of the bodyguards with her went for a walk around the locality, walking out of one of the west side entrances along the side road and breaking into a gentle run through the streets, running round the first square,  along a side road into another square and round that one, northwards, then westwards into the park at the top corner. As they ran side by side,  looking alarmingly like a couple to the unobservant eyes, whilst others might notice the chaotic nature of the glide through the city. Along the canal footpath, pace pace pace, they passed a pair of black funeral barges, on the leading barge there were two oak coffins draped with white and purple lilles, inside a glass cabin. On the second barge mourners dressed in a black and dark grey were exchanging pleasantries and watched them run past. They stopped at the tunnel and went up the steps and ran over the road through the park back towards the hotel. They ran the last two or three hundred metres at a slower pace. She felt lighter, as if the potential situations of the past eight days had dissipated as soon as she had arrived in this city. She walked into the hotel, feeling calmer, some half remembered piano piece came into her mind and she felt she could almost play the notes. She waited for the second lift, she didn't want to step into a shared space in case it ruined her mood. She was following an old memory of the days when she was not at risk, when she was almost invisible, she knew that this would never return.  She was hoping for a holiday after this, just being able to spend some time with D and her daughter. It was after this trip to london, or perhaps it was the next one, that she came to realize, ironically, that she would always be safer here than anywhere else, that the close security people should just be people to talk too as the invisible people on the periphery of her perception were her actual protection [...]  The two mohitos she drank were perfect, she had espresso and had orange sorbet for the desert [...] She followed the bodyguards and the chauffeur to the car in the morning, wearing a dark suit, comfortable low heeled shoes.  The arrived at the office with its discreet glass and wood doors, backed by brushed steel. They opened inwards. There were two receptionists who handed them passes and sent them to the top floor. Outside the corridor was a small rooftop garden, a pair of beehives and some beds of small bushes, herbs and some seats.  They were directed into the meeting room. The meeting room was shielded from the sunlight by shades, two or three other other people came in and sat down.  The introductions began. The old man at the head of the table moved with difficultly, slightly arthritic hands she decided, his grey hair hanging down almost to his shoulders. She looked around the table. Introduce yourselves she instructed them. In the morning they reported progress, a few losses and gains. Nothing very different than  she expected, she had explicitly instructed them to maintain a conservative to medium risk profile. So it would be like this, for no other report would have been accepted, other conclusions were possible, some even plausible, but as they were reporting well she knew she would be giving them some capital for higher risk investments that would be carefully monitored [...]  It was later at lunch time, sitting outside in the roof garden, when the old man, his secretary and the director she normally dealt with were talking about the rest of her week, that she mentioned Kwarbarti, he said do you want to invest in them?  They are preparing for IPO at the moment. (We/I) cannot invest there. They look surprised at how emphatic she is. He asks why,  she explains that the Director of Security is her sister and its because of family reasons.  The old man said wasn't the IPO delayed before? Yes, the Director of security, insisted they delay the IPO after she moved to the UK. I've met her a few times, she is quite intense, rumor has it that she owns a huge part of the company. You've met my sister,  she says to him that is a surprise. Last time I was meeting with the CEO and we were collecting coffee from the kitchen and she was standing there with her secretary and some guy who was a detective, and they were just laughing. (She is happy.  she thought.) During the afternoon they discussed the higher risk investments she was looking for and the reporting parameters, the notifications she would require from them.She asks them if they can manage this sudden additional investment.  The day passes, she buys them all a  meal in the hotel, she apologizes for not being able to go to the restaurant they suggested. [...]  [At breakfast an old Japanese man in the hotel was delighted to be speaking with someone from his home. Since I am rarely at home. I have times of great stagnation. It's because (opposite of stagnation) is for the strong.  I am resigned because resignation is for the noble.  I am a businessman because it was once a great thing to be. I am old because I survived. I don't mind my silence, because silence is for the strong. I am all of these things because I am weak. I suffer and complain at the waste of my time. The three looked at him. She said.  We will never see you again, because we cannot be seen. never speak to us again, because we cannot be spoken to. We are never silent, because we speak with one another. We will speak to a dragon today, we may not live. It is not and will never be safe for you to speak with us.] [They drive. She talks to them about how dangerous her sister dragon is. we know we volunteered. The younger man says.]
She arrives at the Kwarbarti offices, surprised at how luxurious they are. She tells them she is here to see Director Park.  The receptionist looks at her carefully.  She asks the receptionist to tell Director Park that her sister is here to see her. Handing the receptionist her bilingual card. She asks her to notify her and that she will wait, wait  wait for her reply. Her two bodyguards were sitting on leather chairs drinking takeaway coffee from the Starbucks next door. She turns back to the receptionist and asks her to tell her she has two bodyguards with her. The receptionist was touching a few virtual buttons. "Hello Nancy. Could you tell Director Park that a woman claiming to be her sister is here to see her, and that she has two bodyguards with her. Please sit down, Director Park will be down shortly." She is looking forward to going back to Tokyo in few days time. Wondering how this meeting with her sister will go. She thinks of the neutrons passing through her body. A woman of indiscernible age emerged from the lifts followed by two men who followed the woman to scrutinize her before leaving. She gave her a card, keep this card with you at all times. You can't move around the building without it. The doors won't open. (The men are police, they come and visit Director Park occasionally.) I will take you to her office. She handed the bodyguards cards, come upstairs its more comfortable [...] Park is making tea in the kitchen, slicing fruit with a large triangular kitchen knife. Talking to a man in a black suit who was talking in japanese with her, she was correcting his bad grammar. She stopped seeing them standing. [Park imagined killing the two men with the knife, then her sister]. She looks seriously at her secretary. Nancy could you put a conversational Japanese budget together for him. But I didn't... She smiled at him, it will be useful later. I will, and and also I'll look after them and bring tea. Nancy said. [She twirled the knife, thinking of them lying on the floor and blood.] "He'd never forgive me." She said loudly to herself. Picked up her tea and a piece of pineapple. She took her sister to her office [...]  He asked Nancy what had just happened. She wants to know if your japanese can be improved.  If so there will be new work later[...] Tea, coffee ? In the banalities of the everyday there are things that are bound up in the hegemony. Like Siegfried hunting down the lovely Brunhilde, who saves him from the dragon  both suffering from the fear; of walking away from school, of running away from work, the fear of talking yourself away from the family, the fear of resisting, poor Siegfried and Brunhilde endlessly bound by the machines of domination.  But here and now she has left the knife and thinks of him and smiles her way back to her office. She is still smiling as she gestures at her sister to sit down. She asks who the two men are, bodyguards she queries? She shakes her head, not really they are friends, who are accompanying me pretending to be bodyguards. I didn't really know this before today.
What do you want Seo? All hope for intra-familial pleasantries vanished. She tells her that she is here to to to ensure that peace continues. A few things need resolving to guarantee this: (Nancy brings a few porcelain cups and saucers into the room. She asks her = Could you call him and see if he could come and collect me this afternoon. Let me know.) Firstly, the money in Switzerland, we need it back. Secondly, in exchange we will give you a substantial stake in a company that we own which about to IPO, which will require some minimal work from you. Thirdly, this will guarantee your safety and you will be left in peace. I will need some guarantees she says. (Nancy leaned in through the door, between five and six at the latest. Possibly earlier if he can escape.) It was one of  those moments when a third party asks you if the love you feel for another is a truth event, heavily disguised but the meaning is crystal clear like a hotel. Seo smiles tentatively and asks - Is he the one ? Yes, we are together. We would probably have run and vanished, but were offered some safety under perpetual surveillance by his police boss. He is monitored through his work. I am also under surveillance. Then there are your people and I am sure some others. (Park shrugs,) When i went into exile i imagined i'd just be lightly monitored. Instead I have become a commodity under constant surveillance. Only he keeps me grounded, only him. She smiles warmly. And of course I keep him grounded and safe. I didn't know. We thought only we were monitoring you. I will collect guarantees for you, confirm them next week. Then we can discuss the options associated with the second to you.
They exchange further and actual pleasantries, promises. Exchanging Business cards, email addresses, encrypted secure PtoP chat addresses. Talked about their lives. Afterwards she realized she was horrified by the way her sister seemed almost normal, the topology of her everyday life drawn out and compared to hers. She talked about her life in Japan, the past few weeks spent with her friends/bodyguards and  switzerland, germany. What will you do this evening ? "We three", she gestures at them, they look up. "...will drink Mohitos and perhaps eat fish in the hotel...You ?"  I will tell him about your visit and that we are speaking to one another, and that I will be giving the investments in switzerland back. He will say that he is pleased as he didn't like being so rich. She speaks of the experiment as being successful and that they will probably be together forever now as there is nobody else they could trust.  [They will, as you know, live together for the next 50 years.] Language and characters fall as they strike the glass walls of the office to land on the floor, what is said being inherently unreliable as the order-words meet and the parasites are softly pleased.
[Nancy escorts them out and takes their passes from them on the ground floor. Ït's good you came with friends and not bodyguards, it helped her to relax, she is sensitive about these things. They leave and return to the hotel. They talk about {Friends} over drinks and food. What else  could you call us or would call us? Seo challenges them. Ordering more Mohitos. They talk about being friends - they had never thought about it before. If its not friendship and who else could I possibly have taken to this meeting with my sister?  Then what else could it be. She is looking quite earnestly at the younger man. He smiles and says feed me a Mohito. These are lovely. He nudges his friend who is looking bemused.  I thought she wanted to kill me when she was cutting up the pineapple. Me too.  She looks at them affectionately. You know that we are the only three people around the council who are safe in this country.  That's pretty scary, the older man said. What ? The politics of friendship. We are lucky that we are a fratriarchy she said. I propose we toast the fratriarchy ! Later as they fall asleep they will wonder when and where this had started...]
She went and sat on Nancy's sofa.  Looking across the office and out of the window at the building opposite. She was feeling feint and looked pale. Nancy looked at her and asked if she was all right? She tells her that she feels terrible,  is feeling slightly sick and weird. Nancy produces a bottle of polish vodka from her cupboard and some shot glasses.  I feel sick, she says again.  Vodka is poured  into the the the crystal shot glasses. She is speaking of things that Nancy cannot understand but will repeat later. - I never expected them to send her [what?] [probably] just to remind me what I have lost. The price of being here. My family, belonging, sense of identity, place. It appears i lost so much [...] More vodka is poured into glasses. Why did you leave? I thought you knew that I left because of him. Do you regret it at all ? She poured herself another shot, ate some some pieces from the bento box that had magically appeared on the low wooden table. Not at all, even with all that I lost, i like it here. I feel sick. Nancy looked suspiciously at her. Nancy's assistants collated the outstanding reports and documents and put them in neat piles on the table. Yellow paper notes notes describing each piles contents. Seeing my sister reminds me of what I am, perhaps I don't really want to be reminded. He emerges from the lifts and walks through the office.  She never understands why the strange feeling of terribleness makes her feel so strange, she begins to cry.  It is when things are too much for us that we cry - even when we cry for joy, but imagine that at this moment she felt terrible.  He sits down and puts his arms around her. Even as this makes her feel safe and enables her to stop crying, she still recognizes how stupidly illogical this is. Later when she thinks about this she wonders where the joy came from.
The three of them sat together in first class on the Tokyo flight, they played Go, watched terrible horrible hollywood movies, read and talked talked and talked. They didn’t look like gangsters she thought. A few months later they were in Shanghai before returning to London...
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mrcoreymonroe · 6 years
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Adding A Helicopter Rating: Getting To Know The Beast
The Robinson R22 is a learning platform that requires skilled operation.
I was bewildered during preflight and startup—vaguely familiar but with way more steps that I didn’t fully understand—couldn’t yet correlate.
I was sure that once we got going—got airborne—I’d be at home. After all, I’d been flying airplanes for many years. This was my introductory flight lesson for the rotor wing add-on rating to my airplane pilot license.
Subscribe today to Plane & Pilot magazine for industry news, reviews and much more!
After start up and final systems checks—sitting on the ground with everything spinning, with what seemed to me like full power—we got ATIS. My instructor called the tower, asked for and got clearance to the cone (the cone?) and, with me loosely following on the controls, we levitated straight up 5 feet, stopped for a moment, then gently turned away from the asphalt and floated over mowed grass, as steady as a rock.
My instructor, Brett, was relaxed and attentive.
I was mesmerized and on the edge of my seat.
At walking pace, we glided to a stop in mid-air, made a 90° pivoting turn to the right, floated forward 150 feet or so at a brisk “walk” to an orange cone—a designated “heli-spot” on the airport where helicopters hover, awaiting further clearance away from the ridged traffic of fixed-wing aircraft on taxi way.
Again we pirouetted to the right just shy of a 180° arc and faced into the wind. The controls moved almost imperceptibly while the ship’s reaction seemed out of sync, making it impossible for me to relate control inputs to ship’s response.
My perception was hyper-tuned—I was in a high-contrast reality, a stark dream, exciting and surreal. Brett asked me to loosen up on the torque pedals (aka to me: “rudder” pedals) as we just hung there, magically suspended, steady.
The approach end of Runway 31 was at our 8 o’clock position 300 feet away, the ramp we just left to our right. Ahead, I was looking at the airport perimeter fence seemingly just a stone’s throw away—throwing up a small barrier ahead of the four-lane east-west traffic on Cornell Avenue.
Brett called for take-off clearance: “Esplanade West Departure westbound.”
Tower called, “Cleared for take-off.”
“Hey!” I thought. “We’re already in the air. This is different.”
We started moving forward toward the fence, first at the brisk walking pace, then a bit faster. The nose pitched down a bit, but we stayed level at 5 feet.
Again, I thought, “That’s different. “ It would be a recurring thought.
A shudder started at the front and seemed to move backward—it felt like we were flying though a 5-foot-deep invisible curtain of rough air.
As we accelerated forward, the burble seemed to pass through us, moving backward—the entire ship shuddered, and just about then, with the airspeed alive maybe 30 knots, we seemed to shoot up at what felt like a 45° angle. It was like riding up a turbo-charged glass elevator on the outside wall of the Leaning Tower of Pisa.
“This is fun!”
As an airplane pilot, have you ever wondered what it’s like to fly a helicopter?
What’s the same? What’s different?
How much of a head start will you have?
Which skills transfer and which ones don’t? I’d soon find out. Or maybe not so soon. We’d see. Either way, I was in it for the full shebang, the helicopter rating.
Fortunately, when I got this assignment, I happened to live just 45 minutes away from the Portland-Hillsboro (Oregon) Airport, home of Hillsboro Aero Academy (HAA), a world-renowned airplane and helicopter Part 141 pilot training facility.
Founded 38 years ago and now one of the largest and most active Part 141 civil flight training academies in the world, featuring a fixed-wing fleet of over 85 single and multi-engine airplanes (from Cessna 152s to King Air C90) and over 20 helicopters, Hillsboro seemed like the right place to start.
HAA Marketing Director Amy Smith arranged a meeting with Helicopter Chief Instructor Lasse Brevik and Brett Schnirring—the rotor wing CFII who was to be my instructor. I had to pass muster.
Brett is a Navy veteran, a former Super Hornet mechanic who left the Navy at the top of his game—one of two sailors on his carrier certified to do full afterburner run-ups.
His service to his country awakened his passion to fly—not to zoom and boom in a capsule high above it all but rather to fly a more utilitarian path—to be a tree-top flier; to dance with the air; to turn on a dime; to slow down, stop and look; to fly and alight freely; to continue in service flying rescue/medevac.
Rotor wing add-ons are relatively rare, and I was Brett’s first such student. As such, he would join a club of helicopter CFIs who have transitioned a pilot from fixed wing to rotor wing, while I would join a similar club of dual-rated pilots. The symmetry of this arrangement promised a deep experience for both of us.
Flight training would be in a Robinson R-22 Beta II, normally aspirated Lycoming 0-360, normally rated by Lycoming at 180 HP. In the Robinson POH, the engine is designated at 145 HP and then further de-rated for five-minute power to 131 HP. Max continuous power is 124 HP, boosting safety margins across a greater span of density altitudes while buffering the TBO further and delivering solid performance for a two-seat light helicopter.
By the time our interview was over, I couldn’t wait to get on with the flying.
Flying now, we crossed the perimeter fence at 250 feet, climbing at about 600 FPM. The nose was level in the climb; seemed strange. But we were flying, and that felt like home to me.
Southbound and level at 700 feet, Brett pointed out “The Esplanade”—a shopping center about a mile south of the airport. “We’ll turn west-bound over The Esplanade to our practice area and climb to 2000 feet after departing Class D airspace,” he explained.
The visibility was phenomenal, and the ride was smooth—like being on a flying balcony over the beautiful Oregon countryside.
At 2,000 feet about 12 miles SW of the airport, over a little valley full of farms and nurseries, Brett talked me through a series of left and right 90°, 180° and 360° turns; first a series in level flight, then descending and climbing. Using the “stick” (cyclic) to bank left and right felt familiar, and the torque pedals seemed to have the same effect as rudder pedals in an airplane (another wrong assumption on my part).
Climbs and descents were controlled by the Collective—a lever mounted much like the emergency brake on some cars. Pulling up adds power and pitch to the main rotor blade; push down, and you descend.
My airplane rating would make learning this machine a breeze, I thought—I understand flight aerodynamics, and the controls were pretty straightforward. Or so it seemed on this first date.
I was beginning to think I would wrap this up pretty quickly. Still, even while I was making my gentle turns and flying straight and level, Brett never let go of anything. Hmm.
That should have tempered my unearned confidence. But it didn’t. At least not yet.
The stark simplicity of the flight deck belies the complexity of operating the machine.
Hidden beneath the apparent simplicity of the control functions of a helicopter is an interrelated complexity that would at first humble me and then begin to reveal the art and finesse of helicopter flying.
After 50 minutes of pretty straightforward flying, we picked up ATIS and turned back to KHIO. Brett contacted the tower, and as we entered Delta airspace, he took over, pointing out landmarks, verbalizing to me everything he was doing and going to do, emphasizing sight pictures—each comment spiced with tips on control inputs and seat-of-the-pants feel. Our landing/touchdown zone had nothing to do with a runway. It was a spot by the ramp in the grass marked by—the cone. Once again, nose level in a 10° glideslope, airspeed decaying to a disquieting 20 knots with a 200-300 foot-per-minute rate of descent, we headed down while slowing to that same brisk walking pace. Try and visualize what that looks like 150 feet in the air and descending with the nose level. Better yet, try that in an airplane. Then again, please don’t.
In an instant, I was a student pilot again on the first approach to landing, way behind the unfolding events, with only fixed-wing flying as reference—my instructor had good reason to be on high alert.
And I was hooked.
In The Beginning
Training began mid-April, first with one-on-one ground school to finish Special Federal Aviation Regulation 73 requirements for operation of Robinson R22 and R44 helicopters, then on to controls and systems, a review of key chapters in the AIM related to rotor wing operations and airport/heliport markings, aerodynamics, more aerodynamics, the aerodynamics of helicopter flight, helicopter operational practices and then a ton of homework.
Hillsboro has been operating Robinson R22s and R44s for years.
After five days and several chapters of ground school, along with a tour of the maintenance hangar, where I got a clear, up-close look at major components and controls, Brett finally gave me my first “get down to business” flight lesson.
Here’s How Helicopters Fly 101. The aerodynamic forces manipulated to make powered flight in helicopters are the same at work in airplanes: lift, weight, drag, thrust and Bernoulli’s principle; wing chord, angle of attack, induced drag, “P” factor, relative wind and gyroscopic precession. All are present in the rotor wing aerodynamics but in multiple forms, generated and applied in profoundly different (and complex) ways than they are found in fixed-wing craft.
The tail rotor and all other controls on the R22 are connected to the pilot via control rods. There is no mechanical slop in the system.
Rotor-wing lift, for example, comes in several varieties: lift, transitional lift, effective transitional lift and dissymmetry of lift. And the lift becomes thrust on the tail rotor, making a cross wind from the left (for counter-clockwise main rotor) a situation worthy of attention.
The complexities included such phenomena as retreating blade stall, settling with power, translating tendency, low-rotor RPM, LTE (loss of tail rotor effectiveness), dynamic rollover and more. The basic familiar aerodynamic principles were getting complex in this whirlwind of moving airfoils.
Weight was more complex, too. The standard empty weight and max gross weight limits had an additional parameter in the light trainer—minimum weight. That was a new one for me. And weight and balance limits are computed fore and aft and left and right. Another wrinkle.
With an airplane, drag stays where it’s born or induced—generally exerting the same force at the same angle proportional (to forward airspeed) on the CG. In a helicopter, however, induced or parasite drag is more complicated.
Relative wind and angle of attack are simple to understand and visualize for an airplane—pretty much one value for each wing, with some variance in turns.
For helicopters, add resultant relative wind and rotational relative wind defined by induced flow. You get the picture—it gets complicated. And it makes magic.
Back To Flying
On the second date, we got right down to business—the business of hovering. Every normal flight begins and ends in a hover.
The Helicopter Flying Handbook’s first comment on hovering states, “Hovering is the most challenging part of flying a helicopter.” And goes on to state, “…the control inputs in a hover are simple...It is the interaction of these controls that makes hovering difficult, since an adjustment in any one control requires an adjustment of the other two, creating a cycle of constant correction.”
Difficult? Not exactly. Seemingly impossible is a better way to say it. My first two and a half hours of hovering instruction interspersed with flying circuits and approaches were an eye-opener.
During hover instruction time, the chant on the flight deck was “I have controls—roger, you have controls,” repeated over and over again in 15- to 20-second intervals.
Hillsboro Aero Academy Assistant Chief Instructor Brett Schnirring performs hands and eyes- preflight of tail rotor assembly.
For those moments (and I do mean moments) after Brett set us in a stable hover and said, “You have controls,” the hover lasted 10 to 15 seconds before aerodynamic anarchy, courtesy of yours truly, erupted.
By the time we began our third hour of hovering instruction, my record was about 20 seconds, and my hope for success was all but gone.
It was then that the most stunning instructional moment of my aviation career happened.
I was approaching the magical 20-second mark in the hover—the time when the gods of chaos appeared, showing themselves at first with just a slight sway or drift, immediately followed by growing undulation in all four axes threatening a straight-line dash to full-blown loss of control.
It was at that first sign of chaos, the growing undulation part, when Brett said, “Hey, Lou, finish that story you were telling me before our flight.”
“You’re kidding, right?” I croaked as the helicopter entered a unique booty-swaying disco move—the precursor to the all too familiar “I have controls—roger, you have controls” mantra.
He calmly said, “No, finish the story.”
So I started talking and within seconds—like 2 or 3—the hover stabilized. I continued with the story, and the stable hover continued. Brett had to be flying, I thought. So I asked. He said he wasn’t. I shot a quick glance over and he was guarding the controls but not on them. It was me hovering!
I suppose learning to hover is like learning to walk—at some point it becomes unconscious. What just minutes before had seemed impossible was magically now a fact.
When the story was over, a recognizable controlled hover continued —with occasional wanderings—but no chaotic chain reactions.
Looking back, my instructor’s astute professionalism was ushering me gently, almost imperceptibly, into a new and complex skill. I began to trust the process.
In the next installment of this three-part journey, some major surprises—plus dialing in the landing to a hover, running landings, air taxi and quick stops, auto rotations, low rpm recovery and some stunning insights into the good and the bad of airplane muscle memory in transitioning to rotor wing flight.
The post Adding A Helicopter Rating: Getting To Know The Beast appeared first on Plane & Pilot Magazine.
from Plane & Pilot Magazine http://bit.ly/2TukVeV
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corsigae · 6 years
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ENVR 2000: Blog 2
Part 1. Question
Describe 3 challenges and 3 opportunities that you see in the Slow Movement. Do you want to slow some aspect(s) of your life? If so, what concrete steps can you take to achieve this?
           Some challenges that I see in the Slow Movement are adapting to a different lifestyle, relating to others and independency. Adapting a new lifestyle is, without a doubt, an extremely difficult thing to do. In Carl Honoré’s podcast episode “Welcome to New Slow City”, guest William Powers talks about his new lifestyle changes from a fast-paced life to a gradual minimalistic approach to doing things. He mentions how moving into a small apartment was difficult to get used to, especially since he kept bumping into his wife in the kitchen! Most people wouldn’t even dream of downsizing, let alone completely changing one’s lifestyle. Another challenge would be relating to others. In our society's efficient fast-paced culture, I think it would be difficult to keep up with other people when taking part in the Slow Movement. Everybody else would be moving on to  different phases in their lives and it would be hard to keep up with others. With that being said, it would also be lonely as you would be the only one taking things slow and no one would understand what you are going through. Another challenge would be finding independency. For many, days are just routines, being driven by the same things every single day. When left to take things slow, a sense of feeling lost and not knowing what to do could occur. For example, during my first few months of university I found it hard to be independent because I was used to being told what to do in high school. I was doing things because I was being constantly told to do them. Now, I have more time to myself and I have to find my own motivation to do things. Like William Powers said, at first it is lonely and you have a lot of time to yourself.
        On the other hand, 3 opportunities in the Slow Movement would be appreciating your environment, learning about yourself and finding your own pace in life. With having more time to reflect on things, appreciating the environment as well as the people around you is beneficial to your health and overall happiness. Appreciation helps develop strong relationships with others and nature, ultimately leading to a more fulfilling life (at least in my opinion!). Learning about yourself and the things you are capable of is also a great result from partaking in the Slow Movement. Although isolation and loneliness is hard, it does give you the time to concentrate on yourself. In modern society, it is easy to neglect yourself in pursuit of completing daily routines. With the time to reflect, you could learn more qualities about yourself, which could lead to being a better version of yourself. Finally, finding your own pace in life is a very important opportunity the Slow Movement grants you. The majority of people do not have the luxury of being able to do things their way. This often leads to anxiety and feeling like a failure. However, if people could just slow down and do things the way they want to, the feeling of pressure would go away. 
     For me personally, I want to slow down as well, but like I said before, it’s not possible for me. In my parent’s culture, education is very important, therefore finishing school is a top priority. However, I would like some time for myself to travel and eat exotic food! Although I can’t change that aspect in my life, I could follow the steps of William Powers and take less shifts at work to just relax. All in all, I could try the Slow Movement, but I’m not sure if I could do it (at least not now!).
Part 2. Action
a. Jack Frost Challenge
What activity did you participate in?
           For the Jack Frost challenge, I volunteered at the Festival du voyageur. Along with my friend, we were in charge of supervising games such as large-sized Jenga Beer pong (except there was no alcohol in the big buckets!). After our shift, we visited a couple of tents to listen to music. Unfortunately, my phone died early in the evening so I was only able to take one goofy photo of my friend:
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Overall, it was a fun night! 
          2.     What effect did participating in the activity have on you?
                  Participating in the activity had positive effects on me. After spending hours outside, I gained deep respect for the voyageurs who spent the majority of their lives outdoors. I started to appreciate their French-Canadian culture more and more as the night went on. Despite the cold weather, I found it to be tolerable as there were warming stations that resembled bonfires around the park.
        3.    What would have made the experience better?            
               Personally, I think the experience was wonderful. If there was one thing I had to change it would be the duration of the experience. I wish we stayed longer to visit more tents, but other than that I'd say it was a good time.
         4.    What other outdoor winter activities would you be interested in                                                                          participating in?
                Other outdoor winter activities I would be interesting in participating in would be skating on the Red River Trail. I love skating but due to my schedule I find it difficult to squeeze time for a couple of hours on ice. Another activity I would participate in is skiing downhill. I have been skiing before in Aesessippi, and I loved it!
b. Investigate the chemicals in your personal care products
    I arranged my table by having 4 columns: “Product” contains the names of the care products I use, “concerns” includes ingredients in the product that are considered hazardous with scores of 7 or higher, “cancer” shows the level of carcinogenic effects and finally the “overall score”, which indicates its level of danger or hazard as a whole product.
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     I was shocked to learn about the dangerous health hazards found in the products I use, especially the ones causing cancer. It puts into perspective how we as consumers just buy things off the shelf without understand the dangers. 
c. Purchases for one week
    Grading criteria for purchases:
Good: local, small business, sustainable, reasonably priced, healthy
Bad: foreign, corporate, produces a lot of waste, unreasonably priced, unhealthy
Ugly: Not completely good, yet not bad either (contains some characteristics from both bad and good)
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     For my analysis of purchases for one week, during this particular week (March 5-11) I ended up buying only one thing! I regularly bring lunches from home to school and I still live with my parents, hence the lack of purchases. I do not really need to spend unless I go out with my friends, but in this case I stayed at home for the most part.
      So for my only purchase of the week, I bought a sub from Subway. I classified it as “bad” as it fit most of the characteristics of a “bad purchase”. Subway is an American corporate company. As listed in the criteria for bad, it is foreign and a small business. Additionally, it produces quite a bit of waste, with the wrapper, tissues and plastic bag. Despite this purchase being in the “bad” category, it does have a few good aspects. In terms of sustainability, according to Subway’s website, their social responsibility includes sustainable sourcing. It says, “...we not only help reduce energy, water usage and waste but we’re taking care of the environment too.” Sustainability fits in with the “good” criteria. Furthermore, I believe that it is somewhat reasonably priced for its value, as well as it being “healthy”. 
     I think I am in a good spot for now in terms of purchases. The only thing I would like to change would be impulse buying food when I could have just brought a lunch. However, I do try my best to not buy food unless I have to!
d. Investigate the options and end fate of your household’s e-waste
    In regards to the e-waste in my household, instead of throwing electronics away, I’ll try to sell them. By doing so, I would be giving something I do not need anymore to someone who does. Often times, it is easy to sell products     online so I don't think e-waste would be an issue. Generally speaking, in my household we don't quickly throw electronics away because we tend to use them for a long time. However, if I can't sell my electronics, I would dispose of them at the Brady Landfill located on Pembina Highway. This option is not ideal for me (assuming I still live in my house by the time I need to throw away my electronic device), as the Brady Landfill is far from my area.
    Concerning future purchases, I am happy to say that I rarely purchase any electronics to begin with so I will continue to only purchase things if I need to. For example, if my laptop is broken beyond repair, that will be the only time I will buy a new laptop. If that is not an option, I will try to buy a second hand laptop. Not only will it be cost less, but I would be able to stop it from going to the landfill!
Part 3. In-Class Blog Questions
Zoos
     a.  What role, if any, should zoos play in conservation/education?
          Personally, I think zoos should play a role in both conservation and education, as they are capable of contributing to both. Zoos already contribute to conservation in terms of rescuing orphaned or injured animals and providing them with food, shelter and the proper medical attention. Conservation is no easy task but zoos have been able to take care of at-risk animals (for the most part). Evidently, zoos are not perfect and they can endanger animals with harmful practices, but if they employed proper research into the zoo animals and facilities, I believe that zoos could be very beneficial for everyone.
          Education-wise, zoos could host events showcasing each animal in the zoo or have more programs that teach people about the animals. By doing so, zoos could eliminate certain stigmas associated with an animal. Additionally, I think more interactive educational programs like tours are far more engaging than just reading off a sign describing the animal. All in all, I think zoos definitely have the potential to help with conservation and education.
      b. Is it ethical to keep animals in zoos? If so, what type/size of animal or zoos?
          I don't think it is ethical to keep animals in zoos, with the exception of orphaned or critically injured animals. I think animals should be able to live in their natural habitats and not be taken by humans to be used for what is essentially entertainment. Zoos do provide educational and conservational features, but it should not have to come at the cost of forcefully taking animals from their home. However, I do believe that if the animal was orphaned, abandoned or critically injured, zoos could help in those aspects. On the other hand, I think zoos could treat animals more ethically if there were little to no enclosures for the animals, and they are able to have more freedom. For example, the Lehe Ledu Wildlife Zoo in Chongqing City in China  lets the animals (in this case lions) roam-free and people are driven through zoo in cages.
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 (”People pay to be locked in cages, stalked by lions”, photo taken from https://nypost.com/2015/01/05/people-pay-to-be-locked-in-cages-stalked-by-lions/)
        Although this is more extreme, it is better for the animals as they are still in their natural habitat. With that being said, I think an ethical zoo should provide the animal with the correct care (the space they need, the food they require, etc.). However, this is unrealistic for some zoos as it would be extremely expensive to fulfill these requirements with little financial means.
    c. Do you enjoy visiting zoos?
        I really enjoy visiting zoos, but I know it is wrong to get amusement from seeing the animals that may be stressed in the limited space they have in their enclosures. I feel conflicted because on one hand I love seeing the animals and observing how they interact with their environment but on the other I believe they should be in their own natural habitat. I want to say I fully enjoy visiting the zoo, but the truth always sits at the back of my mind.
Food System
    a. What do you like about it?        
        One aspect I like about my food system is the accessibility of products. It is fairly easy for me to pick up whatever I need from one of the numerous grocery stores near my house. By having readily available products nearby, I find that it eliminates the amount of time spent deciding on what to have for dinner and if the store has the foreign ingredients required.
        Finding specific ingredients for dishes in my household is often a challenge as they are considered as "ethnic cuisine". Our meals are typical dishes derived from my parents' country. The recipes usually include vegetables foreign to Canada so being able to access them at a grocery store like Young's Market allows my family to keep our cultural ties strong. In other words, familiarity.
    b. What do you dislike about it?
        The main thing I dislike about my food system is the environmental impacts it has. Most accessible food products are imported from different places. The transportation process is detrimental as more greenhouse gases are being emitted from the big semi-trucks, airplanes, trains and other vehicles used to get the products to a grocery store. However, imported goods are better suited for my family, in terms of convenience and affordability. As much as I'd like to support local homegrown foods, it is difficult to do so in my area (the north-end) as there are no farmer's markets nearby and often times, local food is also more expensive.
       Another issue in my food system is the extreme amount of waste created. Imported goods are usually packaged with materials that are unrecyclable, and must be thrown into the garbage. My family tries to recycle whenever we can, but our bad waste disposal habits outweigh the good waste disposal habits. We have also looked into composting some of our food waste, but there are no composting services nearby so this proves to be difficult for my family and I.
Oceans
     a. What are your primary concerns about the oceans?
         One of my primary concerns about the oceans is the amount of garbage being discarded in them. The pollution found in oceans is a pressing problem as it affects many things. The most heavily affected are aquatic animals. Organisms from fishes to birds ingest great amounts of garbage, often mistaking them for food.
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(”Have Some Fish With Your Plastic”, photo taken from https://www.huffingtonpost.com/dr-reese-halter/have-some-fish-with-your_b_5597726.html)
      According to EcoWatch, "44 percent of all seabird species, 22 percent of cetaceans, all sea turtle species and a growing list of fish species have been documented with plastic in or around their bodies.". This poses a big threat to biodiversity and the environment, as with the loss of certain keystone species due to dying from toxins in plastics, food webs would collapse.  Additionally, from an anthropocentric view, this harms humans as well as we eat animals from the ocean. Based on Biomagnification and bioaccumulation, we are most at risk as we amongst  one of the predators at high trophic levels. The toxicity from the fish we ingested causes a lot of harm and affects in the long run. 
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(”The Ultimate Great Pacific Garbage Patch Quiz”, photo taken from http://quizzes.howstuffworks.com/quiz/great-pacific-garbage-patch-quiz)
Another concern is simply the sight of garbage floating around. I honestly find it difficult to look at as it destroys the beautiful imagery of nature.
      b. What, if anything, do you plan to do about it?
          To  help with my concerns about the ocean, one thing I could do is reduce my usage of plastic. Plastic accounts for 90% of all trash found in the ocean (EcoWatch, 2014). With that being said, by reusing more plastic products and using items like mason jars for storage, I could reduce my own wastes that would usually go in the ocean. However, I could take this a step further and encourage the people around me to be more conscious of their  plastic disposal. Even if I'm able to reduce plastic waste in my household, it does make a difference, regardless of how small it is!
Bibliography:
Perez, Chris. “People Pay to Be Locked in Cages, Stalked by Lions.” New York Post, New York Post, 5 Jan. 2015, nypost.com/2015/01/05/people-pay-to-be-locked-in-cages-stalked-by-lions/.
“22 Facts About Plastic Pollution (And 10 Things We Can Do About It).” EcoWatch, 22 Mar. 2018, www.ecowatch.com/22-facts-about-plastic-pollution-and-10-things-we-can-do-about-it-1881885971.html.
Halter, Dr. Reese. “Have Some Fish With Your Plastic.” The Huffington Post, TheHuffingtonPost.com, 7 Dec. 2017, www.huffingtonpost.com/dr-reese-halter/have-some-fish-with-your_b_5597726.html.
“The Ultimate Great Pacific Garbage Patch Quiz.” Right Now in Quizzes, 3 Dec. 2015, quizzes.howstuffworks.com/quiz/great-pacific-garbage-patch-quiz.
“Social Responsibility.” Social Responsibility | SUBWAY.com - Canada (English), www.subway.com/en-ca/aboutus/socialresponsibility.
“Welcome to New Slow City”, Carl Honorê, Carl Honoré, http://www.carlhonore.com/unlock-slow/podcasts/
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lawfultruth · 6 years
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We Need to Talk About ICOs, Cryptocurrency, and Blockchain
I am sure that when most people think about the kind of organization that might engage in an Initial Coin Offering (ICO), they typically are thinking of a start-up venture — an enterprise trying to get off the ground. But there have been some high-profile cases of well-established companies trying to jump on board the cryptocurrency bandwagon. For example, Kodak, the iconic film and photographic equipment company that has fallen on hard times in recent years, announced a plan earlier this year to launch KodakCoin, a photography-focused cryptocurrency that is supposed to help photographers manage their collections by creating permanent, immutable records of ownership. (Kodak’s later postponed the planned launch.)
  The online retailer Overstock.com is another established company that late last year announced plans for a cryptocurrency offering. Overstock’s cryptocurrency plans were derailed earlier this month after its planned offering drew SEC scrutiny. Now, the company has been hit with a securities class action lawsuit relating to its miscarried cryptocurrency initiative, as discussed below. Though much of what happened to Overstock is company- specific, the sequence of events and the overall circumstances may have some important lessons as the cryptocurrency phenomenon evolves.   
  Background
Overstock is a publicly traded company. Its shares have traded on NASDAQ since the company’s 2002 IPO. Overstock launched its Medici Ventures division in 2014 to oversee the company’s work in blockchain technologies. On October 25, 2017, Overstock’s CEO Patrick Byrne told CNBC that the company’s majority-owned subsidiary tZero planned to raise up to $500 million, in what at the time would have been the largest-ever ICO. On December 18, 2017, the company announced that tZero was initiating a $250 million offering. The complaint in the securities class action lawsuit described below alleges that based on these initiatives, the company’s share price rose more than 500% between August 2017 and January 2018.
  On March 1, 2018, the company announced that it had been notified that the SEC had requested information from the company about its sale of cryptocurrency. The company’s share price declined over 4% on this news.
  On March 15, 2018, the company announced that the SEC investigation “could result in a delay of the tZero security token offering, negative publicity for tZero or us, and may have a material adverse effect on us or on the current and future business ventures of tZero.” The company also disclosed that the SEC is conducting an examination of advisers at tZero. The securities suit complaint also alleges that the company disclosed that the company’s Medici unit had lost $22 million in 2017, even though Bitcoin prices had increased over 1,300% during that time. On this further news, the company’s share price declined an additional 5%.
  On March 26, 2018, the company announced a secondary offering of 4 million common stock shares. The company’s share price fell an additional 15%.
  The Lawsuit
On March 29, 2018, two Overstock shareholders filed a securities class action lawsuit in the District of Utah, naming as defendants the company, Byrne, and Jonathan Johnson, the President of Medici and a director of the company. A copy of the complaint can be found here. The complaint alleges that the company’s statements about its blockchain initiative and its planned coin offering were false and misleading because they concealed or failed to disclose that “(1) Overstock’s coin offering was highly problematic and potentially illegal; and (2) the Company’s Medici business was hemorrhaging money.” The plaintiffs’ counsel’s March 29, 2018 press release about the lawsuit can be found here.
  Discussion
I know for some readers with a more cynical point of view the Overstock ICO story might elicit a rueful shake of the head. But this story is more than just a 21st century technological morality tale. For starters, there is the context within which Overstock was making its blockchain and cryptocurrency play. According to CoinSchedule (here), in 2017, issuers raised $3.88 billion through 210 ICOs. Pretty impressive, for sure. But in just the first three months of 2018, issuers have already raised $4.9 billion in 158 ICOs. Of the total of nearly $8.8 billion raised in ICOs in 2017 and so far in 2018, $6 billion was raised just in the fourth month period from December 2017 to the end of March. Regardless of how you feel about all of this, you have to acknowledge that this is a serious amount of economic activity.
  With these kinds of dollars involved, it is hardly surprising that a wide variety of ventures might try to get in on the act – including even more established enterprises, like, say, Kodak or Overstock. The involvement of these kinds of companies, and others, in cryptocurrency initiatives proves a point that I made at the PLUS D&O Symposium in February, which is that D&O insurance carriers may well say, as most of them have, that they are staying as far away from ICOs and cryptocurrencies as they can – but just the same, they may find that within their portfolio of existing policyholders, there are companies getting drawn into ICO, cryptocurrency or blockchain initiatives. Even carriers that say they have a blanket prohibition on companies involved with these initiatives may find that they nevertheless are insuring companies involved with these digital assets and processes.
  There is no doubt that amidst the ICO craze there have been a number of issuers – perhaps many – that have raced ahead with insufficient regard to legal requirements or constraints. The reaction of the SEC and other regulators has been slow and belated. The SEC does at least now seem to be on the beat, as the investigative developments involving Overstock might be interpreted to suggest. The one thing that is interesting to me is that despite the SEC’s recent public warnings about the dangers of cryptocurrencies and more active enforcement stance, the pace of ICO activity doesn’t seem to have slowed at all. To the contrary, in March 2018 alone, 52 ICOs that raised over $2 billion, by far the largest monthly total amount raised on record.
  Maybe cryptocurrency is a bubble that will burst. Maybe the SEC’s slow but serious enforcement approach will culminate in a crackdown that knocks out the excesses. But in the meantime, and at least for now, there are going to be more companies, even established companies like Overstock, getting involved with these digital assets.
  As the events at Overstock shows, getting involved with cryptocurrency can result in legal complications — like, say, an SEC investigation or a lawsuit.  By my count, there have now been a total of ten securities class action lawsuits filed last year and in the first three months of 2018 against companies involved with ICOs, cryptocurrency or blockchain. (My count includes the Overstock lawsuit and the additional ICO-related lawsuit described below.) All of these lawsuits have been filed just in the last five months. Given the surging levels of ICO activity in the recent months, we should anticipate that we will be seeing more of these cryptocurrency and blockchain lawsuits in the months ahead. I suspect strongly that we will see more cryptocurrency-related lawsuits involving established companies – including even publicly traded companies.
  The lawsuit against Overstock is different in one important respect from many of the other cryptocurrency and blockchain-related securities suits that have been filed. In most of the other lawsuits, the claimants are persons who think they were misled or fleeced in an ICO. The Overstock lawsuit, by contrast, is not being brought by investors who purchased the cryptocurrency that Overstock planned to offer; rather, the lawsuit is brought by and on behalf of the company’s public shareholders. This is an important difference, because unlike the disappointed ICO investors who generally assert that the ICO issuer improperly failed to register the offered coins or tokens as required under the ’33 Act, the disgruntled Overstock shareholders claims they were misled in violation of the liability provisions of the ’34 Act.
  The difference matters, because in order to sustain their claim, the Overstock shareholders must establish that the defendants acted with scienter, whereas the ICO investors do not need to establish that the ICO issuer acted with improper intent. Of course, in order to prevail on their claims, the ICO investors must prove that the coins or tokens they purchased in the ICO are in fact securities within the meaning of the federal securities laws.
  By Way of Contrast, An ICO Investor’s Securities Suit: The important point I stressed above about the Overstock coin offering and lawsuit is that the situation involved an established company. There are of course a lot of enterprises involved in the ICO phenomenon that could charitably be described as fledgling. Indeed, some of them may not exist at all, which seems to be the case in connection with the offering that is at the center of another recently filed ICO-related securities class action lawsuit.
  On March 29, 2018, Kevin Herberle, an individual who had invested in an offering of digital tokens called Dark Ripple or DRIP, filed a securities class action lawsuit in the Northern District of Illinois against the offering promoter, an individual named Julian Spence (also known as Juvane Bryan Spence). The complaint purports to be filed on behalf of all investors who purchased DRIP tokens. The complaint in the lawsuit (a copy of which can be found here) alleges that Spence used social media and other means of promotion to solicit the purchase of “illusory and economically worthless DRIP digital currency.”
  The complaint alleges that Spence launched his efforts to sell the DRIP tokens on October 27, 2017. Spence, the complaint alleges, posted messages on digital currency online forums concerning the value and utility of DRIP tokens that “were simply false.” Spence also allegedly created and distributed marketing materials “extolling the economic value of DRIP” while he “actively concealed the true value, functionality and value of the token.” Spence also allegedly promoted himself as a successful venture capitalist and blockchain entrepreneur, despite lacking any material experience.
  The complaint further alleges that on November 2, 2017, Spence launched a presale of the DRIP tokens, promoting the pre-sale by among other things touting the token’s liquidity and even promising a 5% dividend. According to the complaint, “these representations were entirely false and Spence was aware of the falsity of these representations at the time he made them.”
  The DRIP token as “never able to obtain the trading volume that Spence had repeatedly promised.” During December 2017, Spence allegedly “became increasingly unresponsive.” By January 3, 2018, Spence allegedly had “effective scrubbed the internet of any mention of DRIP, including having deleted its website.” The complaint alleges that Spence embarked on a plan to convert the proceeds raised in the presale and to launder the funds through other cryptocurrencies.
  The class action complaint alleges that Spence violated Rule 10b-5. The complaint also asserts claims for common law fraud; breach of contract; and rescission. (Significantly, the plaintiff filed his securities claim as misrepresentation case under the ’34 Act, rather than as a failure to register securities under the ’33 Act, so in order establish his securities law claim, he will have to plead and prove that the defendant acted with scieter.)
  Just as it is no surprise given the amount of money involved in ICO activity that an established company like Overstock might get drawn into getting involved with cryptocurrency, is also not a surprise that the volume of dollars involved might also attract what is alleged in the Spence complaint to be a small-time but nonetheless egregious fraud.
  Cryptocurrencies are sometimes described as virtual currencies. In this case, the allegations suggest that the cryptocurrency was so virtual that it doesn’t really seem to have existed at all. There is no doubt that amidst all of the cryptocurrency hype there is the possibility for some serious hoaxes.
  There have of course been these kinds of frauds before, perhaps the most baroque of which was Gregor MacGregor’s 19th century scheme in which he convinced investors to purchase bonds in the fictitious country of Poyais, supposedly located in Central America. Part of MacGregor’s swindle was his claim that he ruled the country as “Cacique.” MacGregor’s victims included not only the many investors who lost all of their investment, but as many as 250 British citizens who he induced to settle his “country.” Fewer than 50 of the settlers survived.
  Possible Impact of Cyan on Cryptocurrency Litigation?: As I noted in a post last week discussing the decision, the U.S. Supreme Court’s March 20, 2018 opinion in Cyan v. Beaver County Employees Retirement Fund has significant implications for class action securities litigation under the ’33 Act. While I think my post identified many of the decision’s important implications, one other possible implication that did not immediately occur to me is that the decision could have an impact on future class action litigation involving ICOs.
  As I noted above, many of the ICO-related securities class action lawsuits have involve allegations that the issuer wrongfully failed to register the offered coins or tokens with the SEC as required under Sections 5 and 12 of the ’33 Act.
  In a March 22, 2018 memo (here), Justin Wales of the Carlton Fields law firm raised the concern that the with the Cyan decision, the U.S. Supreme Court “just opened the gates to filing crypto class actions in state court.”
  Wales says in the memo that the Cyan decision “provides a road map for plaintiffs” to “venue shop between state and federal courts in order to seek out a jurisdiction that they perceive to be friendlier to class claims or that  offer more lenient pleading or discovery standards than available in federal court.” As a result, the decision “could have a major impact on the development of securities case law as applied to the issuance of cryptocurrencies,” especially given that “nearly every issue in the space is an issue of first impression, which could further incentivize venue shopping by class plaintiffs.”
  It may be that unless or until Congress acts to remove state courts’ concurrent jurisdiction for ’33 Act claims, “we may see some state courts emerge as the preferred venue for federal securities class claims against token issuers.”
  ICOs and Cryptocurrencies Webinar: On May 1, 2018, at 11 a.m. EDT, I will be participating in the Advisen quarterly claims webinar, which will have ICOs and cryptocurrencies as its main topic of discussion. The webinar will be chaired by Advisen’s Jim Blinn, and the other panelists will include Garret Koehn of CRC Insurance Group and Paul Tomasi of E-Risk Services. Information about the webinar including registration instructions can be found here.
The post We Need to Talk About ICOs, Cryptocurrency, and Blockchain appeared first on The D&O Diary.
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We Need to Talk About ICOs, Cryptocurrency, and Blockchain
I am sure that when most people think about the kind of organization that might engage in an Initial Coin Offering (ICO), they typically are thinking of a start-up venture — an enterprise trying to get off the ground. But there have been some high-profile cases of well-established companies trying to jump on board the cryptocurrency bandwagon. For example, Kodak, the iconic film and photographic equipment company that has fallen on hard times in recent years, announced a plan earlier this year to launch KodakCoin, a photography-focused cryptocurrency that is supposed to help photographers manage their collections by creating permanent, immutable records of ownership. (Kodak’s later postponed the planned launch.)
  The online retailer Overstock.com is another established company that late last year announced plans for a cryptocurrency offering. Overstock’s cryptocurrency plans were derailed earlier this month after its planned offering drew SEC scrutiny. Now, the company has been hit with a securities class action lawsuit relating to its miscarried cryptocurrency initiative, as discussed below. Though much of what happened to Overstock is company- specific, the sequence of events and the overall circumstances may have some important lessons as the cryptocurrency phenomenon evolves.   
  Background
Overstock is a publicly traded company. Its shares have traded on NASDAQ since the company’s 2002 IPO. Overstock launched its Medici Ventures division in 2014 to oversee the company’s work in blockchain technologies. On October 25, 2017, Overstock’s CEO Patrick Byrne told CNBC that the company’s majority-owned subsidiary tZero planned to raise up to $500 million, in what at the time would have been the largest-ever ICO. On December 18, 2017, the company announced that tZero was initiating a $250 million offering. The complaint in the securities class action lawsuit described below alleges that based on these initiatives, the company’s share price rose more than 500% between August 2017 and January 2018.
  On March 1, 2018, the company announced that it had been notified that the SEC had requested information from the company about its sale of cryptocurrency. The company’s share price declined over 4% on this news.
  On March 15, 2018, the company announced that the SEC investigation “could result in a delay of the tZero security token offering, negative publicity for tZero or us, and may have a material adverse effect on us or on the current and future business ventures of tZero.” The company also disclosed that the SEC is conducting an examination of advisers at tZero. The securities suit complaint also alleges that the company disclosed that the company’s Medici unit had lost $22 million in 2017, even though Bitcoin prices had increased over 1,300% during that time. On this further news, the company’s share price declined an additional 5%.
  On March 26, 2018, the company announced a secondary offering of 4 million common stock shares. The company’s share price fell an additional 15%.
  The Lawsuit
On March 29, 2018, two Overstock shareholders filed a securities class action lawsuit in the District of Utah, naming as defendants the company, Byrne, and Jonathan Johnson, the President of Medici and a director of the company. A copy of the complaint can be found here. The complaint alleges that the company’s statements about its blockchain initiative and its planned coin offering were false and misleading because they concealed or failed to disclose that “(1) Overstock’s coin offering was highly problematic and potentially illegal; and (2) the Company’s Medici business was hemorrhaging money.” The plaintiffs’ counsel’s March 29, 2018 press release about the lawsuit can be found here.
  Discussion
I know for some readers with a more cynical point of view the Overstock ICO story might elicit a rueful shake of the head. But this story is more than just a 21st century technological morality tale. For starters, there is the context within which Overstock was making its blockchain and cryptocurrency play. According to CoinSchedule (here), in 2017, issuers raised $3.88 billion through 210 ICOs. Pretty impressive, for sure. But in just the first three months of 2018, issuers have already raised $4.9 billion in 158 ICOs. Of the total of nearly $8.8 billion raised in ICOs in 2017 and so far in 2018, $6 billion was raised just in the fourth month period from December 2017 to the end of March. Regardless of how you feel about all of this, you have to acknowledge that this is a serious amount of economic activity.
  With these kinds of dollars involved, it is hardly surprising that a wide variety of ventures might try to get in on the act – including even more established enterprises, like, say, Kodak or Overstock. The involvement of these kinds of companies, and others, in cryptocurrency initiatives proves a point that I made at the PLUS D&O Symposium in February, which is that D&O insurance carriers may well say, as most of them have, that they are staying as far away from ICOs and cryptocurrencies as they can – but just the same, they may find that within their portfolio of existing policyholders, there are companies getting drawn into ICO, cryptocurrency or blockchain initiatives. Even carriers that say they have a blanket prohibition on companies involved with these initiatives may find that they nevertheless are insuring companies involved with these digital assets and processes.
  There is no doubt that amidst the ICO craze there have been a number of issuers – perhaps many – that have raced ahead with insufficient regard to legal requirements or constraints. The reaction of the SEC and other regulators has been slow and belated. The SEC does at least now seem to be on the beat, as the investigative developments involving Overstock might be interpreted to suggest. The one thing that is interesting to me is that despite the SEC’s recent public warnings about the dangers of cryptocurrencies and more active enforcement stance, the pace of ICO activity doesn’t seem to have slowed at all. To the contrary, in March 2018 alone, 52 ICOs that raised over $2 billion, by far the largest monthly total amount raised on record.
  Maybe cryptocurrency is a bubble that will burst. Maybe the SEC’s slow but serious enforcement approach will culminate in a crackdown that knocks out the excesses. But in the meantime, and at least for now, there are going to be more companies, even established companies like Overstock, getting involved with these digital assets.
  As the events at Overstock shows, getting involved with cryptocurrency can result in legal complications — like, say, an SEC investigation or a lawsuit.  By my count, there have now been a total of ten securities class action lawsuits filed last year and in the first three months of 2018 against companies involved with ICOs, cryptocurrency or blockchain. (My count includes the Overstock lawsuit and the additional ICO-related lawsuit described below.) All of these lawsuits have been filed just in the last five months. Given the surging levels of ICO activity in the recent months, we should anticipate that we will be seeing more of these cryptocurrency and blockchain lawsuits in the months ahead. I suspect strongly that we will see more cryptocurrency-related lawsuits involving established companies – including even publicly traded companies.
  The lawsuit against Overstock is different in one important respect from many of the other cryptocurrency and blockchain-related securities suits that have been filed. In most of the other lawsuits, the claimants are persons who think they were misled or fleeced in an ICO. The Overstock lawsuit, by contrast, is not being brought by investors who purchased the cryptocurrency that Overstock planned to offer; rather, the lawsuit is brought by and on behalf of the company’s public shareholders. This is an important difference, because unlike the disappointed ICO investors who generally assert that the ICO issuer improperly failed to register the offered coins or tokens as required under the ’33 Act, the disgruntled Overstock shareholders claims they were misled in violation of the liability provisions of the ’34 Act.
  The difference matters, because in order to sustain their claim, the Overstock shareholders must establish that the defendants acted with scienter, whereas the ICO investors do not need to establish that the ICO issuer acted with improper intent. Of course, in order to prevail on their claims, the ICO investors must prove that the coins or tokens they purchased in the ICO are in fact securities within the meaning of the federal securities laws.
  By Way of Contrast, An ICO Investor’s Securities Suit: The important point I stressed above about the Overstock coin offering and lawsuit is that the situation involved an established company. There are of course a lot of enterprises involved in the ICO phenomenon that could charitably be described as fledgling. Indeed, some of them may not exist at all, which seems to be the case in connection with the offering that is at the center of another recently filed ICO-related securities class action lawsuit.
  On March 29, 2018, Kevin Herberle, an individual who had invested in an offering of digital tokens called Dark Ripple or DRIP, filed a securities class action lawsuit in the Northern District of Illinois against the offering promoter, an individual named Julian Spence (also known as Juvane Bryan Spence). The complaint purports to be filed on behalf of all investors who purchased DRIP tokens. The complaint in the lawsuit (a copy of which can be found here) alleges that Spence used social media and other means of promotion to solicit the purchase of “illusory and economically worthless DRIP digital currency.”
  The complaint alleges that Spence launched his efforts to sell the DRIP tokens on October 27, 2017. Spence, the complaint alleges, posted messages on digital currency online forums concerning the value and utility of DRIP tokens that “were simply false.” Spence also allegedly created and distributed marketing materials “extolling the economic value of DRIP” while he “actively concealed the true value, functionality and value of the token.” Spence also allegedly promoted himself as a successful venture capitalist and blockchain entrepreneur, despite lacking any material experience.
  The complaint further alleges that on November 2, 2017, Spence launched a presale of the DRIP tokens, promoting the pre-sale by among other things touting the token’s liquidity and even promising a 5% dividend. According to the complaint, “these representations were entirely false and Spence was aware of the falsity of these representations at the time he made them.”
  The DRIP token as “never able to obtain the trading volume that Spence had repeatedly promised.” During December 2017, Spence allegedly “became increasingly unresponsive.” By January 3, 2018, Spence allegedly had “effective scrubbed the internet of any mention of DRIP, including having deleted its website.” The complaint alleges that Spence embarked on a plan to convert the proceeds raised in the presale and to launder the funds through other cryptocurrencies.
  The class action complaint alleges that Spence violated Rule 10b-5. The complaint also asserts claims for common law fraud; breach of contract; and rescission. (Significantly, the plaintiff filed his securities claim as misrepresentation case under the ’34 Act, rather than as a failure to register securities under the ’33 Act, so in order establish his securities law claim, he will have to plead and prove that the defendant acted with scieter.)
  Just as it is no surprise given the amount of money involved in ICO activity that an established company like Overstock might get drawn into getting involved with cryptocurrency, is also not a surprise that the volume of dollars involved might also attract what is alleged in the Spence complaint to be a small-time but nonetheless egregious fraud.
  Cryptocurrencies are sometimes described as virtual currencies. In this case, the allegations suggest that the cryptocurrency was so virtual that it doesn’t really seem to have existed at all. There is no doubt that amidst all of the cryptocurrency hype there is the possibility for some serious hoaxes.
  There have of course been these kinds of frauds before, perhaps the most baroque of which was Gregor MacGregor’s 19th century scheme in which he convinced investors to purchase bonds in the fictitious country of Poyais, supposedly located in Central America. Part of MacGregor’s swindle was his claim that he ruled the country as “Cacique.” MacGregor’s victims included not only the many investors who lost all of their investment, but as many as 250 British citizens who he induced to settle his “country.” Fewer than 50 of the settlers survived.
  Possible Impact of Cyan on Cryptocurrency Litigation?: As I noted in a post last week discussing the decision, the U.S. Supreme Court’s March 20, 2018 opinion in Cyan v. Beaver County Employees Retirement Fund has significant implications for class action securities litigation under the ’33 Act. While I think my post identified many of the decision’s important implications, one other possible implication that did not immediately occur to me is that the decision could have an impact on future class action litigation involving ICOs.
  As I noted above, many of the ICO-related securities class action lawsuits have involve allegations that the issuer wrongfully failed to register the offered coins or tokens with the SEC as required under Sections 5 and 12 of the ’33 Act.
  In a March 22, 2018 memo (here), Justin Wales of the Carlton Fields law firm raised the concern that the with the Cyan decision, the U.S. Supreme Court “just opened the gates to filing crypto class actions in state court.”
  Wales says in the memo that the Cyan decision “provides a road map for plaintiffs” to “venue shop between state and federal courts in order to seek out a jurisdiction that they perceive to be friendlier to class claims or that  offer more lenient pleading or discovery standards than available in federal court.” As a result, the decision “could have a major impact on the development of securities case law as applied to the issuance of cryptocurrencies,” especially given that “nearly every issue in the space is an issue of first impression, which could further incentivize venue shopping by class plaintiffs.”
  It may be that unless or until Congress acts to remove state courts’ concurrent jurisdiction for ’33 Act claims, “we may see some state courts emerge as the preferred venue for federal securities class claims against token issuers.”
  ICOs and Cryptocurrencies Webinar: On May 1, 2018, at 11 a.m. EDT, I will be participating in the Advisen quarterly claims webinar, which will have ICOs and cryptocurrencies as its main topic of discussion. The webinar will be chaired by Advisen’s Jim Blinn, and the other panelists will include Garret Koehn of CRC Insurance Group and Paul Tomasi of E-Risk Services. Information about the webinar including registration instructions can be found here.
The post We Need to Talk About ICOs, Cryptocurrency, and Blockchain appeared first on The D&O Diary.
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We Need to Talk About ICOs, Cryptocurrency, and Blockchain
I am sure that when most people think about the kind of organization that might engage in an Initial Coin Offering (ICO), they typically are thinking of a start-up venture — an enterprise trying to get off the ground. But there have been some high-profile cases of well-established companies trying to jump on board the cryptocurrency bandwagon. For example, Kodak, the iconic film and photographic equipment company that has fallen on hard times in recent years, announced a plan earlier this year to launch KodakCoin, a photography-focused cryptocurrency that is supposed to help photographers manage their collections by creating permanent, immutable records of ownership. (Kodak’s later postponed the planned launch.)
  The online retailer Overstock.com is another established company that late last year announced plans for a cryptocurrency offering. Overstock’s cryptocurrency plans were derailed earlier this month after its planned offering drew SEC scrutiny. Now, the company has been hit with a securities class action lawsuit relating to its miscarried cryptocurrency initiative, as discussed below. Though much of what happened to Overstock is company- specific, the sequence of events and the overall circumstances may have some important lessons as the cryptocurrency phenomenon evolves.   
  Background
Overstock is a publicly traded company. Its shares have traded on NASDAQ since the company’s 2002 IPO. Overstock launched its Medici Ventures division in 2014 to oversee the company’s work in blockchain technologies. On October 25, 2017, Overstock’s CEO Patrick Byrne told CNBC that the company’s majority-owned subsidiary tZero planned to raise up to $500 million, in what at the time would have been the largest-ever ICO. On December 18, 2017, the company announced that tZero was initiating a $250 million offering. The complaint in the securities class action lawsuit described below alleges that based on these initiatives, the company’s share price rose more than 500% between August 2017 and January 2018.
  On March 1, 2018, the company announced that it had been notified that the SEC had requested information from the company about its sale of cryptocurrency. The company’s share price declined over 4% on this news.
  On March 15, 2018, the company announced that the SEC investigation “could result in a delay of the tZero security token offering, negative publicity for tZero or us, and may have a material adverse effect on us or on the current and future business ventures of tZero.” The company also disclosed that the SEC is conducting an examination of advisers at tZero. The securities suit complaint also alleges that the company disclosed that the company’s Medici unit had lost $22 million in 2017, even though Bitcoin prices had increased over 1,300% during that time. On this further news, the company’s share price declined an additional 5%.
  On March 26, 2018, the company announced a secondary offering of 4 million common stock shares. The company’s share price fell an additional 15%.
  The Lawsuit
On March 29, 2018, two Overstock shareholders filed a securities class action lawsuit in the District of Utah, naming as defendants the company, Byrne, and Jonathan Johnson, the President of Medici and a director of the company. A copy of the complaint can be found here. The complaint alleges that the company’s statements about its blockchain initiative and its planned coin offering were false and misleading because they concealed or failed to disclose that “(1) Overstock’s coin offering was highly problematic and potentially illegal; and (2) the Company’s Medici business was hemorrhaging money.” The plaintiffs’ counsel’s March 29, 2018 press release about the lawsuit can be found here.
  Discussion
I know for some readers with a more cynical point of view the Overstock ICO story might elicit a rueful shake of the head. But this story is more than just a 21st century technological morality tale. For starters, there is the context within which Overstock was making its blockchain and cryptocurrency play. According to CoinSchedule (here), in 2017, issuers raised $3.88 billion through 210 ICOs. Pretty impressive, for sure. But in just the first three months of 2018, issuers have already raised $4.9 billion in 158 ICOs. Of the total of nearly $8.8 billion raised in ICOs in 2017 and so far in 2018, $6 billion was raised just in the fourth month period from December 2017 to the end of March. Regardless of how you feel about all of this, you have to acknowledge that this is a serious amount of economic activity.
  With these kinds of dollars involved, it is hardly surprising that a wide variety of ventures might try to get in on the act – including even more established enterprises, like, say, Kodak or Overstock. The involvement of these kinds of companies, and others, in cryptocurrency initiatives proves a point that I made at the PLUS D&O Symposium in February, which is that D&O insurance carriers may well say, as most of them have, that they are staying as far away from ICOs and cryptocurrencies as they can – but just the same, they may find that within their portfolio of existing policyholders, there are companies getting drawn into ICO, cryptocurrency or blockchain initiatives. Even carriers that say they have a blanket prohibition on companies involved with these initiatives may find that they nevertheless are insuring companies involved with these digital assets and processes.
  There is no doubt that amidst the ICO craze there have been a number of issuers – perhaps many – that have raced ahead with insufficient regard to legal requirements or constraints. The reaction of the SEC and other regulators has been slow and belated. The SEC does at least now seem to be on the beat, as the investigative developments involving Overstock might be interpreted to suggest. The one thing that is interesting to me is that despite the SEC’s recent public warnings about the dangers of cryptocurrencies and more active enforcement stance, the pace of ICO activity doesn’t seem to have slowed at all. To the contrary, in March 2018 alone, 52 ICOs that raised over $2 billion, by far the largest monthly total amount raised on record.
  Maybe cryptocurrency is a bubble that will burst. Maybe the SEC’s slow but serious enforcement approach will culminate in a crackdown that knocks out the excesses. But in the meantime, and at least for now, there are going to be more companies, even established companies like Overstock, getting involved with these digital assets.
  As the events at Overstock shows, getting involved with cryptocurrency can result in legal complications — like, say, an SEC investigation or a lawsuit.  By my count, there have now been a total of ten securities class action lawsuits filed last year and in the first three months of 2018 against companies involved with ICOs, cryptocurrency or blockchain. (My count includes the Overstock lawsuit and the additional ICO-related lawsuit described below.) All of these lawsuits have been filed just in the last five months. Given the surging levels of ICO activity in the recent months, we should anticipate that we will be seeing more of these cryptocurrency and blockchain lawsuits in the months ahead. I suspect strongly that we will see more cryptocurrency-related lawsuits involving established companies – including even publicly traded companies.
  The lawsuit against Overstock is different in one important respect from many of the other cryptocurrency and blockchain-related securities suits that have been filed. In most of the other lawsuits, the claimants are persons who think they were misled or fleeced in an ICO. The Overstock lawsuit, by contrast, is not being brought by investors who purchased the cryptocurrency that Overstock planned to offer; rather, the lawsuit is brought by and on behalf of the company’s public shareholders. This is an important difference, because unlike the disappointed ICO investors who generally assert that the ICO issuer improperly failed to register the offered coins or tokens as required under the ’33 Act, the disgruntled Overstock shareholders claims they were misled in violation of the liability provisions of the ’34 Act.
  The difference matters, because in order to sustain their claim, the Overstock shareholders must establish that the defendants acted with scienter, whereas the ICO investors do not need to establish that the ICO issuer acted with improper intent. Of course, in order to prevail on their claims, the ICO investors must prove that the coins or tokens they purchased in the ICO are in fact securities within the meaning of the federal securities laws.
  By Way of Contrast, An ICO Investor’s Securities Suit: The important point I stressed above about the Overstock coin offering and lawsuit is that the situation involved an established company. There are of course a lot of enterprises involved in the ICO phenomenon that could charitably be described as fledgling. Indeed, some of them may not exist at all, which seems to be the case in connection with the offering that is at the center of another recently filed ICO-related securities class action lawsuit.
  On March 29, 2018, Kevin Herberle, an individual who had invested in an offering of digital tokens called Dark Ripple or DRIP, filed a securities class action lawsuit in the Northern District of Illinois against the offering promoter, an individual named Julian Spence (also known as Juvane Bryan Spence). The complaint purports to be filed on behalf of all investors who purchased DRIP tokens. The complaint in the lawsuit (a copy of which can be found here) alleges that Spence used social media and other means of promotion to solicit the purchase of “illusory and economically worthless DRIP digital currency.”
  The complaint alleges that Spence launched his efforts to sell the DRIP tokens on October 27, 2017. Spence, the complaint alleges, posted messages on digital currency online forums concerning the value and utility of DRIP tokens that “were simply false.” Spence also allegedly created and distributed marketing materials “extolling the economic value of DRIP” while he “actively concealed the true value, functionality and value of the token.” Spence also allegedly promoted himself as a successful venture capitalist and blockchain entrepreneur, despite lacking any material experience.
  The complaint further alleges that on November 2, 2017, Spence launched a presale of the DRIP tokens, promoting the pre-sale by among other things touting the token’s liquidity and even promising a 5% dividend. According to the complaint, “these representations were entirely false and Spence was aware of the falsity of these representations at the time he made them.”
  The DRIP token as “never able to obtain the trading volume that Spence had repeatedly promised.” During December 2017, Spence allegedly “became increasingly unresponsive.” By January 3, 2018, Spence allegedly had “effective scrubbed the internet of any mention of DRIP, including having deleted its website.” The complaint alleges that Spence embarked on a plan to convert the proceeds raised in the presale and to launder the funds through other cryptocurrencies.
  The class action complaint alleges that Spence violated Rule 10b-5. The complaint also asserts claims for common law fraud; breach of contract; and rescission. (Significantly, the plaintiff filed his securities claim as misrepresentation case under the ’34 Act, rather than as a failure to register securities under the ’33 Act, so in order establish his securities law claim, he will have to plead and prove that the defendant acted with scieter.)
  Just as it is no surprise given the amount of money involved in ICO activity that an established company like Overstock might get drawn into getting involved with cryptocurrency, is also not a surprise that the volume of dollars involved might also attract what is alleged in the Spence complaint to be a small-time but nonetheless egregious fraud.
  Cryptocurrencies are sometimes described as virtual currencies. In this case, the allegations suggest that the cryptocurrency was so virtual that it doesn’t really seem to have existed at all. There is no doubt that amidst all of the cryptocurrency hype there is the possibility for some serious hoaxes.
  There have of course been these kinds of frauds before, perhaps the most baroque of which was Gregor MacGregor’s 19th century scheme in which he convinced investors to purchase bonds in the fictitious country of Poyais, supposedly located in Central America. Part of MacGregor’s swindle was his claim that he ruled the country as “Cacique.” MacGregor’s victims included not only the many investors who lost all of their investment, but as many as 250 British citizens who he induced to settle his “country.” Fewer than 50 of the settlers survived.
  Possible Impact of Cyan on Cryptocurrency Litigation?: As I noted in a post last week discussing the decision, the U.S. Supreme Court’s March 20, 2018 opinion in Cyan v. Beaver County Employees Retirement Fund has significant implications for class action securities litigation under the ’33 Act. While I think my post identified many of the decision’s important implications, one other possible implication that did not immediately occur to me is that the decision could have an impact on future class action litigation involving ICOs.
  As I noted above, many of the ICO-related securities class action lawsuits have involve allegations that the issuer wrongfully failed to register the offered coins or tokens with the SEC as required under Sections 5 and 12 of the ’33 Act.
  In a March 22, 2018 memo (here), Justin Wales of the Carlton Fields law firm raised the concern that the with the Cyan decision, the U.S. Supreme Court “just opened the gates to filing crypto class actions in state court.”
  Wales says in the memo that the Cyan decision “provides a road map for plaintiffs” to “venue shop between state and federal courts in order to seek out a jurisdiction that they perceive to be friendlier to class claims or that  offer more lenient pleading or discovery standards than available in federal court.” As a result, the decision “could have a major impact on the development of securities case law as applied to the issuance of cryptocurrencies,” especially given that “nearly every issue in the space is an issue of first impression, which could further incentivize venue shopping by class plaintiffs.”
  It may be that unless or until Congress acts to remove state courts’ concurrent jurisdiction for ’33 Act claims, “we may see some state courts emerge as the preferred venue for federal securities class claims against token issuers.”
  ICOs and Cryptocurrencies Webinar: On May 1, 2018, at 11 a.m. EDT, I will be participating in the Advisen quarterly claims webinar, which will have ICOs and cryptocurrencies as its main topic of discussion. The webinar will be chaired by Advisen’s Jim Blinn, and the other panelists will include Garret Koehn of CRC Insurance Group and Paul Tomasi of E-Risk Services. Information about the webinar including registration instructions can be found here.
The post We Need to Talk About ICOs, Cryptocurrency, and Blockchain appeared first on The D&O Diary.
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sherristockman · 7 years
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Most Americans Suffer From Nature Deficiency Syndrome Dr. Mercola By Dr. Mercola Spending time outdoors can significantly lift your mood, so it's no surprise that outdoors activities such as gardening and nature hikes1 have been found to be good therapy. In one survey,2 80 percent of gardeners reported being "happy" and satisfied with their lives, compared to 67 percent of non-gardeners, and the more time spent in the garden, the greater their life satisfaction. Among volunteers at an outdoor conservation project, a whopping 100 percent said participation improved their mental health and boosted their confidence and self-esteem.3 This general well-being among gardeners is typically attributed to the "recharging" you get from sticking your hands into soil and spending time in nature. According to Craig Chalquist,4 a depth psychologist and chair of the East-West Psychology Department at California Institute of Integral Studies, who also happens to be certified in permaculture design: "If you hold moist soil for 20 minutes, the soil bacteria begin elevating your mood. You have all the antidepressant you need in the ground."5 In Japan, the practice known as "forest bathing" (Shinrin-yoku) has been part of the national health program since 1982, and its benefits are now starting to become more widely recognized in the U.S. As explained by The Atlantic:6 "The aim was to briefly reconnect people with nature in the simplest way possible. Go to the woods, breathe deeply, be at peace. Forest bathing was Japan's medically sanctioned method of unplugging before there were smartphones to unplug from. Since Shinrin-yoku's inception, researchers have spent millions of dollars testing its efficacy; the documented benefits to one's health thus far include lowered blood pressure, blood glucose levels and stress hormones." The Importance of Slowing Down Being in nature has the effect of winding you down because nature's pace is so much slower than our man-made environment. There's a pulse and rhythm in nature, and when you start to observe it and take it in, you find that everything takes time. Change is not immediate. It's a process. With "lightning speed" internet and 24/7 connectivity, we tend to forget this. We get so used to instant results and immediate gratification. You could say observing nature leads to greater tolerance for slowness, otherwise known as patience. This feeling of well-being can have more far-reaching implications for your physical health too. According to research from Johns Hopkins,7 having a cheerful temperament can significantly reduce your odds of suffering a heart attack or sudden cardiac death. As noted by lead author Lisa R. Yanek:8 "If you are by nature a cheerful person and look on the bright side of things, you are more likely to be protected from cardiac events. A happier temperament has an actual effect on disease and you may be healthier as a result." Nature Deficit Disorder — A Rampant Malady A recent article in The Atlantic9 highlights the growing field of ecotherapy, referring to "methods of cultivating the health benefits of being in nature."10 As noted by Florence Williams, author of "The Nature Fix: Why Nature Makes Us Happier, Healthier, and More Creative," "Intuitively, many of us believe … we feel better in nature. But it's only recently that we've been able to see biomarkers of this change."11 In the video above, The Atlantic senior editor Dr. James Hamblin investigates these benefits and interviews mental health therapists using ecotherapy in their practice. Other terms12,13 used for this kind of therapy include green therapy, nature therapy and earth-centered therapy. Ecotherapy as an umbrella term also covers horticultural therapy, animal-assisted therapy, wilderness therapy, farm therapy, time stress management and "ecoanxiety"14 management — stress, depression, anxiety, grief and despair attributed specifically to trauma related to climate disruptions. An example would be depression or grief following the loss of a loved one in a hurricane or flash flood. Estimates suggest the average American spends anywhere between 80 and 99 percent of their life indoors — a lifestyle trend that has led to what some now refer to as "nature deficit disorder."15 This is not an actual psychological diagnosis, but rather a term used to describe a lifestyle deficit that contributes to poor psychological and physical health. Ecotherapy, which basically involves a prescription to go out and spend time in a natural setting, has been shown to:16 • Decrease anxiety and depression • Improve self-esteem • Improve social connections • Decrease fatigue in cancer patients • Improve blood pressure Spending time outdoors also boosts your vitamin D level (provided you're showing enough bare skin) and, if you walk barefoot, helps you ground (also known as Earthing). Ecotherapy for Depression Seven years ago, I interviewed medical journalist and Pulitzer Prize nominee Robert Whitaker about his extensive research and knowledge of psychiatric drugs and alternative treatments for depression. He mentioned an interesting study conducted at Duke University in the late 1990s, which divided depressed patients into three treatment groups: exercise only, exercise plus antidepressant, and antidepressant drug only. After six weeks, the drug-only group was doing slightly better than the other two groups. However, after 10 months of follow-up, it was the exercise-only group that had the highest remission and stay-well rate. According to Whitaker, some countries are taking these types of research findings very seriously, and are starting to base their treatments on the evidence at hand. In the U.K., for example, doctors can write out a prescription to see an exercise counselor instead under the "exercise on prescription program."17 Part of the exercise can be tending to an outdoor garden, taking nature walks, or repairing trails or clearing park areas, as discussed in the BBC video above. Within the first few years of the introduction of this ecotherapy18 program in 2007, the rate of British doctors prescribing exercise for depression increased from about 4 percent to about 25 percent. According to a 2009 report on ecotherapy by U.K.-based Depression Alliance:19 "… [Ninety-four] percent of people taking part in a MIND survey commented that green exercise activities had benefited their mental health … Furthermore, the National Institute for Clinical Excellence asserts that for 'patients with depression ... structured and supervised exercise can be an effective intervention that has a clinically significant impact on depressive symptoms.'" Nature as a Healing Agent People are increasingly starting to recognize that nature deficits play a significant role in health and well-being, and this recognition can even be seen in literature. As noted by The Telegraph,20 "nature writing" is a relatively novel literary genre, in which memoir is comingled with "the author's experience of nature." In other words, books describing the healing influence of nature. "In 'H is for Hawk,' Helen Macdonald tells of the unexpected loss of her father in her late [30]s. To distract herself from her grief, she attempts to tame a hawk … Similarly, Amy Liptrot, in her book 'The Outrun: [A Memoir],' describes her return to the isle of Orkney, where she took long walks and rebuilt a stone wall as a way of recovering from alcohol addiction and the breakup of a relationship. These are but two of many recent examples," The Telegraph writes. The Three-Day Effect While many artists will tell you that nature can have a tremendous influence on the creative process, it can also have a profound effect on an intellectual's capacity to reason and think clearly and deeply. In "This Is Your Brain on Nature,"21 National Geographic delves into the healing powers of nature from a psychologist's point of view: "… David Strayer … [a] cognitive psychologist at the University of Utah who specializes in attention … knows our brains are prone to mistakes, especially when we're multitasking and dodging distractions … Strayer is in a unique position to understand what modern life does to us. An avid backpacker, he thinks he knows the antidote: Nature. On the third day of a camping trip in the wild canyons near Bluff, Utah, Strayer is … explaining what he calls the 'three-day effect' to 22 psychology students. Our brains, he says, aren't tireless [3]-pound machines; they're easily fatigued. When we slow down, stop the busywork, and take in beautiful natural surroundings, not only do we feel restored, but our mental performance improves too … Strayer has demonstrated as much with a group of Outward Bound participants, who performed 50 percent better on creative problem-solving tasks after three days of wilderness backpacking. The three-day effect, he says, is a kind of cleaning of the mental windshield that occurs when we've been immersed in nature long enough … 'If you can have the experience of being in the moment for two or three days, it seems to produce a difference in qualitative thinking.'" Nature Walks Decrease Negative Thoughts Indeed, recent research22 shows spending time in nature helps reduce depression and anxiety specifically by reducing rumination, i.e., obsessive negative thoughts that just go round and round without ever getting to any kind of resolution. Ruminating thoughts light up a region in your brain called the subgenual prefrontal cortex, an area that regulates negative emotions. When rumination continues for extended periods of time, depression can result. To assess the effect of nature walks on rumination, 38 psychologically healthy city dwellers were divided into two groups. One group took a 90-minute walk through a scenic area while the other strolled along El Camino Real, a busy four-lane road in Palo Alto. As expected, those walking along the traffic-logged street had no decrease in rumination, while the nature walkers experienced a significant decrease in subgenual prefrontal cortex activity. City Living Linked to Anxiety and Mood Disorders Researchers looking at stress have found city dwellers are more likely to suffer from mood and anxiety disorders in general, compared to those living in more rural environments — an effect thought to be due to chronically increased stress levels.23 Using functional magnetic resonance imaging (fMRI), researchers at the Douglas Mental Health University Institute at McGill University in Canada showed that the environment in which you live can alter your neural processes, thereby raising or lowering your risk of psychological problems. Thirty-two healthy adults were asked to complete a difficult, timed math problem while simultaneously hearing negative verbal responses. Those who lived in urban environments had increased activity in the amygdala area of the brain, which is involved in emotions such as fear and responses to threats. Those who lived in cities during the first 15 years of their life also had increased activity in the pregenual anterior cingulate cortex, which helps to regulate the amygdala. In short, those who grew up in an urban environment had a greater sensitivity to stress. In an accompanying editorial,24 Daniel Kennedy, Ph.D., and Ralph Adolphs, Ph.D., both of the California Institute of Technology, explained that your level of autonomy may play a role in how stressful city living is for you: "There are wide variations in individuals' preferences for, and ability to cope with, city life: Some thrive in New York City; others would happily swap it for a desert island. Psychologists have found that a substantial factor accounting for this variability is the perceived degree of control that people have over their daily lives. Social threat, lack of control and subordination are all likely candidates for mediating the stressful effects of city life, and probably account for much of the individual differences seen." Nature Sounds Help You Relax Other recent research shows that the mere sounds of nature have a distinct effect on your brain, lowering fight-or-flight instincts and activating your rest-and-digest autonomic nervous system.25,26,27 Here, participants listened to two different types of sound — nature sounds and sounds from a man-made artificial environment — while lying in an fMRI scanner. During each five-minute soundscape, they also performed tasks designed to measure attention and reaction time. Nature sounds produced brain activity associated with outward-directed focus, whereas artificial sounds created brain activity associated with inward-directed focus. The latter, which can express itself as worry and rumination about things related to your own self, is a trait associated with anxiety, depression and post-traumatic stress disorder. Nature sounds also produced higher rest-digest nervous system activity, which occurs when your body is in a relaxed state. External attentional monitoring tasks and mental concentration also improved. Overall, nature sounds had the greatest effect on those who were the most stressed. Previous research has also demonstrated that listening to nature sounds help you recover faster after a stressful event. Lead author Cassandra Gould van Praag, Ph.D., said: "We are all familiar with the feeling of relaxation and 'switching-off' which comes from a walk in the countryside, and now we have evidence from the brain and the body which helps us understand this effect. This has been an exciting collaboration between artists and scientists, and it has produced results which may have a real-world impact, particularly for people who are experiencing high levels of stress …28 I would definitely recommend a walk in natural surroundings to anyone, whether they're currently feeling frazzled or not. Even a few minutes of escape could be beneficial."29 Taking Advantage of Nature's Remedy The take-home message here is that spending time in nature can have profound benefits for your physical and psychological health. In fact, nature deficits may even be at the heart of many people's anxiety and general malcontent — they just don't know it. Indoor living has become such a norm, many give no thought to the fact they haven't been more than a few feet away from concrete in weeks, months or even years. The key is to be proactive. You have to actually plan your escapes — schedule nature time into your calendar as you would any other important activity. If your free time is limited, you may need to get creative. My situation requires me to read many books and studies to stay on top of the latest health advancements. In years past, I would spend hours reading indoors every day. I solved my need for reading and walking outdoors by reading on my Kindle during my beach walks, nailing two birds with one stone, so to speak. Keeping a garden is another simple way of getting closer to nature without having to go far. In addition to increasing your sense of well-being, keeping a garden can also reduce your grocery bill and improve your health by providing you with fresh, uncontaminated food (provided you grow them organically). On days when you cannot get out, consider using an environmental sound machine or a CD with nature sounds. Another alternative that doesn't cost anything is to bookmark a few YouTube videos of nature sounds. Many are several hours long. Should you happen to need professional help, consider seeking out an ecotherapist. Most practicing ecotherapists are trained and licensed in some form of conventional counseling or psychotherapy, and use nature therapy as an adjunct in their practice. If you're in the U.K., check out Mind's ecotherapy page (mind.org)30 for various program resources. In the U.S., finding a nature-based therapist is a bit trickier, as the field is still fairly new. One way to locate an ecotherapist might be to contact schools that teach ecotherapy, and ask them for recommendations of people who have passed the course.
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mrcoreymonroe · 6 years
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Adding A Helicopter Rating: Getting To Know The Beast
The Robinson R22 is a learning platform that requires skilled operation.
I was bewildered during preflight and startup—vaguely familiar but with way more steps that I didn’t fully understand—couldn’t yet correlate.
I was sure that once we got going—got airborne—I’d be at home. After all, I’d been flying airplanes for many years. This was my introductory flight lesson for the rotor wing add-on rating to my airplane pilot license.
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After start up and final systems checks—sitting on the ground with everything spinning, with what seemed to me like full power—we got ATIS. My instructor called the tower, asked for and got clearance to the cone (the cone?) and, with me loosely following on the controls, we levitated straight up 5 feet, stopped for a moment, then gently turned away from the asphalt and floated over mowed grass, as steady as a rock.
My instructor, Brett, was relaxed and attentive.
I was mesmerized and on the edge of my seat.
At walking pace, we glided to a stop in mid-air, made a 90° pivoting turn to the right, floated forward 150 feet or so at a brisk “walk” to an orange cone—a designated “heli-spot” on the airport where helicopters hover, awaiting further clearance away from the ridged traffic of fixed-wing aircraft on taxi way.
Again we pirouetted to the right just shy of a 180° arc and faced into the wind. The controls moved almost imperceptibly while the ship’s reaction seemed out of sync, making it impossible for me to relate control inputs to ship’s response.
My perception was hyper-tuned—I was in a high-contrast reality, a stark dream, exciting and surreal. Brett asked me to loosen up on the torque pedals (aka to me: “rudder” pedals) as we just hung there, magically suspended, steady.
The approach end of Runway 31 was at our 8 o’clock position 300 feet away, the ramp we just left to our right. Ahead, I was looking at the airport perimeter fence seemingly just a stone’s throw away—throwing up a small barrier ahead of the four-lane east-west traffic on Cornell Avenue.
Brett called for take-off clearance: “Esplanade West Departure westbound.”
Tower called, “Cleared for take-off.”
“Hey!” I thought. “We’re already in the air. This is different.”
We started moving forward toward the fence, first at the brisk walking pace, then a bit faster. The nose pitched down a bit, but we stayed level at 5 feet.
Again, I thought, “That’s different. “ It would be a recurring thought.
A shudder started at the front and seemed to move backward—it felt like we were flying though a 5-foot-deep invisible curtain of rough air.
As we accelerated forward, the burble seemed to pass through us, moving backward—the entire ship shuddered, and just about then, with the airspeed alive maybe 30 knots, we seemed to shoot up at what felt like a 45° angle. It was like riding up a turbo-charged glass elevator on the outside wall of the Leaning Tower of Pisa.
“This is fun!”
As an airplane pilot, have you ever wondered what it’s like to fly a helicopter?
What’s the same? What’s different?
How much of a head start will you have?
Which skills transfer and which ones don’t? I’d soon find out. Or maybe not so soon. We’d see. Either way, I was in it for the full shebang, the helicopter rating.
Fortunately, when I got this assignment, I happened to live just 45 minutes away from the Portland-Hillsboro (Oregon) Airport, home of Hillsboro Aero Academy (HAA), a world-renowned airplane and helicopter Part 141 pilot training facility.
Founded 38 years ago and now one of the largest and most active Part 141 civil flight training academies in the world, featuring a fixed-wing fleet of over 85 single and multi-engine airplanes (from Cessna 152s to King Air C90) and over 20 helicopters, Hillsboro seemed like the right place to start.
HAA Marketing Director Amy Smith arranged a meeting with Helicopter Chief Instructor Lasse Brevik and Brett Schnirring—the rotor wing CFII who was to be my instructor. I had to pass muster.
Brett is a Navy veteran, a former Super Hornet mechanic who left the Navy at the top of his game—one of two sailors on his carrier certified to do full afterburner run-ups.
His service to his country awakened his passion to fly—not to zoom and boom in a capsule high above it all but rather to fly a more utilitarian path—to be a tree-top flier; to dance with the air; to turn on a dime; to slow down, stop and look; to fly and alight freely; to continue in service flying rescue/medevac.
Rotor wing add-ons are relatively rare, and I was Brett’s first such student. As such, he would join a club of helicopter CFIs who have transitioned a pilot from fixed wing to rotor wing, while I would join a similar club of dual-rated pilots. The symmetry of this arrangement promised a deep experience for both of us.
Flight training would be in a Robinson R-22 Beta II, normally aspirated Lycoming 0-360, normally rated by Lycoming at 180 HP. In the Robinson POH, the engine is designated at 145 HP and then further de-rated for five-minute power to 131 HP. Max continuous power is 124 HP, boosting safety margins across a greater span of density altitudes while buffering the TBO further and delivering solid performance for a two-seat light helicopter.
By the time our interview was over, I couldn’t wait to get on with the flying.
Flying now, we crossed the perimeter fence at 250 feet, climbing at about 600 FPM. The nose was level in the climb; seemed strange. But we were flying, and that felt like home to me.
Southbound and level at 700 feet, Brett pointed out “The Esplanade”—a shopping center about a mile south of the airport. “We’ll turn west-bound over The Esplanade to our practice area and climb to 2000 feet after departing Class D airspace,” he explained.
The visibility was phenomenal, and the ride was smooth—like being on a flying balcony over the beautiful Oregon countryside.
At 2,000 feet about 12 miles SW of the airport, over a little valley full of farms and nurseries, Brett talked me through a series of left and right 90°, 180° and 360° turns; first a series in level flight, then descending and climbing. Using the “stick” (cyclic) to bank left and right felt familiar, and the torque pedals seemed to have the same effect as rudder pedals in an airplane (another wrong assumption on my part).
Climbs and descents were controlled by the Collective—a lever mounted much like the emergency brake on some cars. Pulling up adds power and pitch to the main rotor blade; push down, and you descend.
My airplane rating would make learning this machine a breeze, I thought—I understand flight aerodynamics, and the controls were pretty straightforward. Or so it seemed on this first date.
I was beginning to think I would wrap this up pretty quickly. Still, even while I was making my gentle turns and flying straight and level, Brett never let go of anything. Hmm.
That should have tempered my unearned confidence. But it didn’t. At least not yet.
The stark simplicity of the flight deck belies the complexity of operating the machine.
Hidden beneath the apparent simplicity of the control functions of a helicopter is an interrelated complexity that would at first humble me and then begin to reveal the art and finesse of helicopter flying.
After 50 minutes of pretty straightforward flying, we picked up ATIS and turned back to KHIO. Brett contacted the tower, and as we entered Delta airspace, he took over, pointing out landmarks, verbalizing to me everything he was doing and going to do, emphasizing sight pictures—each comment spiced with tips on control inputs and seat-of-the-pants feel. Our landing/touchdown zone had nothing to do with a runway. It was a spot by the ramp in the grass marked by—the cone. Once again, nose level in a 10° glideslope, airspeed decaying to a disquieting 20 knots with a 200-300 foot-per-minute rate of descent, we headed down while slowing to that same brisk walking pace. Try and visualize what that looks like 150 feet in the air and descending with the nose level. Better yet, try that in an airplane. Then again, please don’t.
In an instant, I was a student pilot again on the first approach to landing, way behind the unfolding events, with only fixed-wing flying as reference—my instructor had good reason to be on high alert.
And I was hooked.
In The Beginning
Training began mid-April, first with one-on-one ground school to finish Special Federal Aviation Regulation 73 requirements for operation of Robinson R22 and R44 helicopters, then on to controls and systems, a review of key chapters in the AIM related to rotor wing operations and airport/heliport markings, aerodynamics, more aerodynamics, the aerodynamics of helicopter flight, helicopter operational practices and then a ton of homework.
Hillsboro has been operating Robinson R22s and R44s for years.
After five days and several chapters of ground school, along with a tour of the maintenance hangar, where I got a clear, up-close look at major components and controls, Brett finally gave me my first “get down to business” flight lesson.
Here’s How Helicopters Fly 101. The aerodynamic forces manipulated to make powered flight in helicopters are the same at work in airplanes: lift, weight, drag, thrust and Bernoulli’s principle; wing chord, angle of attack, induced drag, “P” factor, relative wind and gyroscopic precession. All are present in the rotor wing aerodynamics but in multiple forms, generated and applied in profoundly different (and complex) ways than they are found in fixed-wing craft.
The tail rotor and all other controls on the R22 are connected to the pilot via control rods. There is no mechanical slop in the system.
Rotor-wing lift, for example, comes in several varieties: lift, transitional lift, effective transitional lift and dissymmetry of lift. And the lift becomes thrust on the tail rotor, making a cross wind from the left (for counter-clockwise main rotor) a situation worthy of attention.
The complexities included such phenomena as retreating blade stall, settling with power, translating tendency, low-rotor RPM, LTE (loss of tail rotor effectiveness), dynamic rollover and more. The basic familiar aerodynamic principles were getting complex in this whirlwind of moving airfoils.
Weight was more complex, too. The standard empty weight and max gross weight limits had an additional parameter in the light trainer—minimum weight. That was a new one for me. And weight and balance limits are computed fore and aft and left and right. Another wrinkle.
With an airplane, drag stays where it’s born or induced—generally exerting the same force at the same angle proportional (to forward airspeed) on the CG. In a helicopter, however, induced or parasite drag is more complicated.
Relative wind and angle of attack are simple to understand and visualize for an airplane—pretty much one value for each wing, with some variance in turns.
For helicopters, add resultant relative wind and rotational relative wind defined by induced flow. You get the picture—it gets complicated. And it makes magic.
Back To Flying
On the second date, we got right down to business—the business of hovering. Every normal flight begins and ends in a hover.
The Helicopter Flying Handbook’s first comment on hovering states, “Hovering is the most challenging part of flying a helicopter.” And goes on to state, “…the control inputs in a hover are simple...It is the interaction of these controls that makes hovering difficult, since an adjustment in any one control requires an adjustment of the other two, creating a cycle of constant correction.”
Difficult? Not exactly. Seemingly impossible is a better way to say it. My first two and a half hours of hovering instruction interspersed with flying circuits and approaches were an eye-opener.
During hover instruction time, the chant on the flight deck was “I have controls—roger, you have controls,” repeated over and over again in 15- to 20-second intervals.
Hillsboro Aero Academy Assistant Chief Instructor Brett Schnirring performs hands and eyes- preflight of tail rotor assembly.
For those moments (and I do mean moments) after Brett set us in a stable hover and said, “You have controls,” the hover lasted 10 to 15 seconds before aerodynamic anarchy, courtesy of yours truly, erupted.
By the time we began our third hour of hovering instruction, my record was about 20 seconds, and my hope for success was all but gone.
It was then that the most stunning instructional moment of my aviation career happened.
I was approaching the magical 20-second mark in the hover—the time when the gods of chaos appeared, showing themselves at first with just a slight sway or drift, immediately followed by growing undulation in all four axes threatening a straight-line dash to full-blown loss of control.
It was at that first sign of chaos, the growing undulation part, when Brett said, “Hey, Lou, finish that story you were telling me before our flight.”
“You’re kidding, right?” I croaked as the helicopter entered a unique booty-swaying disco move—the precursor to the all too familiar “I have controls—roger, you have controls” mantra.
He calmly said, “No, finish the story.”
So I started talking and within seconds—like 2 or 3—the hover stabilized. I continued with the story, and the stable hover continued. Brett had to be flying, I thought. So I asked. He said he wasn’t. I shot a quick glance over and he was guarding the controls but not on them. It was me hovering!
I suppose learning to hover is like learning to walk—at some point it becomes unconscious. What just minutes before had seemed impossible was magically now a fact.
When the story was over, a recognizable controlled hover continued —with occasional wanderings—but no chaotic chain reactions.
Looking back, my instructor’s astute professionalism was ushering me gently, almost imperceptibly, into a new and complex skill. I began to trust the process.
In the next installment of this three-part journey, some major surprises—plus dialing in the landing to a hover, running landings, air taxi and quick stops, auto rotations, low rpm recovery and some stunning insights into the good and the bad of airplane muscle memory in transitioning to rotor wing flight.
The post Adding A Helicopter Rating: Getting To Know The Beast appeared first on Plane & Pilot Magazine.
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golicit · 7 years
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Financial Choice Act 2.0 Proposes Significant Changes to the SEC’s Enforcement Authority
One of the Trump administration’s high profile initiatives is the review and rollback of many of the Dodd-Frank Act’s features.  Consistent with these efforts, an updated version of a bill that would undo many of the Act’s provisions is now making its way through Congress. The Financial Choice Act (H.B. 10) was introduced in April by Rep. Jeb Hensarling (R-Tex.) Because Hensarling introduced a similar bill with the same name during the last Congressional session, the recently introduced bill is referred to as Financial Choice Act 2.0. The bill, which has already passed through the House Financial Services Committee, addresses a number of high profile issues affecting the regulation of the financial system. The systemic issues are attracting all of the headlines. Other features of the bill are attracting less notice. Of particular interest here, the bill introduces a number of changes to the SEC’s enforcement authority. As Columbia Law School Professor John Coffee commented in congressional hearing testimony, these changes, if enacted, would “hobble the SEC’s enforcement program,” and the “cumulative effect” would be “devastating.”
  The latest version of the Financial Choice Act introduces sweeping changes to the reforms Congress enacted in the Dodd-Frank Act in the wake of the global financial crisis. Among other things, the bill would alter the authority of the Financial Stability Oversight Panel; reform the structure of the Consumer Financial Protection Bureau; and eliminate the fiduciary duty standard that the Department of Labor has proposed for investment advisors. As Alison Frankel discusses in an interesting May 9, 2017 post on her On the Case blog (here), the bill also contains a number of provisions that would alter the SEC’s enforcement authority and provisions.
  Some of the bill’s measures strengthen the SEC’s enforcement authority. For example, the Financial Choice Act significantly increases the SEC’s civil penalty authority. The bill nearly doubles the penalties for offenses involving substantial losses for the victim or substantial pecuniary gain. The bill also triples existing monetary penalties for “recidivist offenders.”
  One particular SEC enforcement initiative that the bill addresses is the SEC’s use of its own administrative law courts as the forum for civil enforcement actions.  The SEC’s use of these administrative courts arose from Section 929P of the Dodd-Frank Act, which expanded the SEC’s authority to obtain civil penalties in administrative proceedings. The SEC’s use of its administrative courts has proven to be contentious; federal courts have questioned the constitutionality of the agency’s use of the administrative proceedings and commentators have suggested that the administrative courts give the agency an unfair “home court” advantage.
  The Financial Choice Act includes a measure giving defendants in enforcement proceedings in the administrative forum the right to have the action removed to federal court. As Professor Coffee suggested in his congressional hearing testimony, most defendants would opt to remove their action, “if only to slow the pace down.” Coffee further noted that the SEC is “severely resource constrained,” and its use of administrative proceedings permits the agency to litigate at a lower cost and more quickly. The slower the SEC must go, “the more wrongdoers who escape sanctions.” Coffee acknowledged the constitutional questions surrounding the agency’s use of the administrative courts, but he would prefer to see these issues left to the courts to address.
  Another feature of the bill provides that if an enforcement action defendant chooses to remain in the administrative forum, the SEC must establish liability by “clear and convincing evidence.” As Coffee notes, “this is a standard usually reserved for issues involving loss of civil liberties.” It “adds another unnecessary obstacle to the SEC’s ability to enforce the federal securities laws.”
  The Financial Choice Act also focuses on a perceived problem with the agency imposing civil penalties on corporations that violate the federal securities laws instead of bringing enforcement actions against individual offenders. The concern is that the corporate awards may not be having the intended deterrent effect. Another concern is that the costs are being imposed on companies and shareholders. In order to try to align the imposition of civil penalties with policy and enforcement goals, the bill would require the SEC, when imposing a penalty, to include a report by the agency’s Chief Economist that the penalty target benefited from the wrongdoing and that the penalty does not harm innocent shareholders.
  The bill also restricts the agency’s ability to impose automatic disqualification that bars individuals from engaging in future related activities or relying on exemptions. The bill would allow defendants to obtain exemptions from automatic disqualification unless the SEC, following a hearing, determines that the individual is ineligible for the exemption. As Frankel notes, this change “puts a crimp in the SEC’s leverage in settlement negotiations.”  In her Congressional hearing testimony, Maryland Securities Commissioner Melanie Senter Lubin called this measure “baffling and misguided” as well as “contrary to public policy and common sense.” She asked why Congress would make it easier for individuals to rely on exemptions that enabled their misconduct. Professor Coffee added that he sees no reason to take this power away from the agency.
  The bill introduces a number of other measures. Among other things, it requires the agency chair to convene a committee with a mission to review the agency’s enforcement program to insure that it is consistent with the agency’s overall goals and mission. The bill establishes an Enforcement Ombudsman to review complaints about the agency’s enforcement program. The bill also requires the agency to publish an Enforcement Manual to ensure transparency and uniform application of its procedures. The bill would also prohibit whistleblower awards to persons that were involved in the reported misconduct.
  Though many of the proposed changes are more or less neutral, overall the bill proposes to overhaul and rein in the SEC’s enforcement authority and activity. It certainly represents a significant policy shift from period just after the global financial crisis, when the SEC faced criticism for not being active enough. Whether or not the proposed changes represent a positive development is another question. For his part, Professor Coffee said that the proposed changes will “hobble the SEC’s enforcement program” and the “cumulative effect” of the changes “will be devastating.”
  There is no way to know at this point which if any of the Financial Choice Act’s provisions actually will be enacted into law. The bill seems likely to clear the House of Representatives but its prospects in the Senate are less certain. With so many other higher profile features to the bill, the provisions relating to the SEC’s enforcement authority may not attract as much attention or discussion. The various measures affecting the SEC could become law as a relatively unexamined part of a much larger initiative. In any event, it will be important to watch this legislation as it makes its way through Congress.
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Financial Choice Act 2.0 Proposes Significant Changes to the SEC’s Enforcement Authority
One of the Trump administration’s high profile initiatives is the review and rollback of many of the Dodd-Frank Act’s features.  Consistent with these efforts, an updated version of a bill that would undo many of the Act’s provisions is now making its way through Congress. The Financial Choice Act (H.B. 10) was introduced in April by Rep. Jeb Hensarling (R-Tex.) Because Hensarling introduced a similar bill with the same name during the last Congressional session, the recently introduced bill is referred to as Financial Choice Act 2.0. The bill, which has already passed through the House Financial Services Committee, addresses a number of high profile issues affecting the regulation of the financial system. The systemic issues are attracting all of the headlines. Other features of the bill are attracting less notice. Of particular interest here, the bill introduces a number of changes to the SEC’s enforcement authority. As Columbia Law School Professor John Coffee commented in congressional hearing testimony, these changes, if enacted, would “hobble the SEC’s enforcement program,” and the “cumulative effect” would be “devastating.”
  The latest version of the Financial Choice Act introduces sweeping changes to the reforms Congress enacted in the Dodd-Frank Act in the wake of the global financial crisis. Among other things, the bill would alter the authority of the Financial Stability Oversight Panel; reform the structure of the Consumer Financial Protection Bureau; and eliminate the fiduciary duty standard that the Department of Labor has proposed for investment advisors. As Alison Frankel discusses in an interesting May 9, 2017 post on her On the Case blog (here), the bill also contains a number of provisions that would alter the SEC’s enforcement authority and provisions.
  Some of the bill’s measures strengthen the SEC’s enforcement authority. For example, the Financial Choice Act significantly increases the SEC’s civil penalty authority. The bill nearly doubles the penalties for offenses involving substantial losses for the victim or substantial pecuniary gain. The bill also triples existing monetary penalties for “recidivist offenders.”
  One particular SEC enforcement initiative that the bill addresses is the SEC’s use of its own administrative law courts as the forum for civil enforcement actions.  The SEC’s use of these administrative courts arose from Section 929P of the Dodd-Frank Act, which expanded the SEC’s authority to obtain civil penalties in administrative proceedings. The SEC’s use of its administrative courts has proven to be contentious; federal courts have questioned the constitutionality of the agency’s use of the administrative proceedings and commentators have suggested that the administrative courts give the agency an unfair “home court” advantage.
  The Financial Choice Act includes a measure giving defendants in enforcement proceedings in the administrative forum the right to have the action removed to federal court. As Professor Coffee suggested in his congressional hearing testimony, most defendants would opt to remove their action, “if only to slow the pace down.” Coffee further noted that the SEC is “severely resource constrained,” and its use of administrative proceedings permits the agency to litigate at a lower cost and more quickly. The slower the SEC must go, “the more wrongdoers who escape sanctions.” Coffee acknowledged the constitutional questions surrounding the agency’s use of the administrative courts, but he would prefer to see these issues left to the courts to address.
  Another feature of the bill provides that if an enforcement action defendant chooses to remain in the administrative forum, the SEC must establish liability by “clear and convincing evidence.” As Coffee notes, “this is a standard usually reserved for issues involving loss of civil liberties.” It “adds another unnecessary obstacle to the SEC’s ability to enforce the federal securities laws.”
  The Financial Choice Act also focuses on a perceived problem with the agency imposing civil penalties on corporations that violate the federal securities laws instead of bringing enforcement actions against individual offenders. The concern is that the corporate awards may not be having the intended deterrent effect. Another concern is that the costs are being imposed on companies and shareholders. In order to try to align the imposition of civil penalties with policy and enforcement goals, the bill would require the SEC, when imposing a penalty, to include a report by the agency’s Chief Economist that the penalty target benefited from the wrongdoing and that the penalty does not harm innocent shareholders.
  The bill also restricts the agency’s ability to impose automatic disqualification that bars individuals from engaging in future related activities or relying on exemptions. The bill would allow defendants to obtain exemptions from automatic disqualification unless the SEC, following a hearing, determines that the individual is ineligible for the exemption. As Frankel notes, this change “puts a crimp in the SEC’s leverage in settlement negotiations.”  In her Congressional hearing testimony, Maryland Securities Commissioner Melanie Senter Lubin called this measure “baffling and misguided” as well as “contrary to public policy and common sense.” She asked why Congress would make it easier for individuals to rely on exemptions that enabled their misconduct. Professor Coffee added that he sees no reason to take this power away from the agency.
  The bill introduces a number of other measures. Among other things, it requires the agency chair to convene a committee with a mission to review the agency’s enforcement program to insure that it is consistent with the agency’s overall goals and mission. The bill establishes an Enforcement Ombudsman to review complaints about the agency’s enforcement program. The bill also requires the agency to publish an Enforcement Manual to ensure transparency and uniform application of its procedures. The bill would also prohibit whistleblower awards to persons that were involved in the reported misconduct.
  Though many of the proposed changes are more or less neutral, overall the bill proposes to overhaul and rein in the SEC’s enforcement authority and activity. It certainly represents a significant policy shift from period just after the global financial crisis, when the SEC faced criticism for not being active enough. Whether or not the proposed changes represent a positive development is another question. For his part, Professor Coffee said that the proposed changes will “hobble the SEC’s enforcement program” and the “cumulative effect” of the changes “will be devastating.”
  There is no way to know at this point which if any of the Financial Choice Act’s provisions actually will be enacted into law. The bill seems likely to clear the House of Representatives but its prospects in the Senate are less certain. With so many other higher profile features to the bill, the provisions relating to the SEC’s enforcement authority may not attract as much attention or discussion. The various measures affecting the SEC could become law as a relatively unexamined part of a much larger initiative. In any event, it will be important to watch this legislation as it makes its way through Congress.
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Financial Choice Act 2.0 Proposes Significant Changes to the SEC’s Enforcement Authority
One of the Trump administration’s high profile initiatives is the review and rollback of many of the Dodd-Frank Act’s features.  Consistent with these efforts, an updated version of a bill that would undo many of the Act’s provisions is now making its way through Congress. The Financial Choice Act (H.B. 10) was introduced in April by Rep. Jeb Hensarling (R-Tex.) Because Hensarling introduced a similar bill with the same name during the last Congressional session, the recently introduced bill is referred to as Financial Choice Act 2.0. The bill, which has already passed through the House Financial Services Committee, addresses a number of high profile issues affecting the regulation of the financial system. The systemic issues are attracting all of the headlines. Other features of the bill are attracting less notice. Of particular interest here, the bill introduces a number of changes to the SEC’s enforcement authority. As Columbia Law School Professor John Coffee commented in congressional hearing testimony, these changes, if enacted, would “hobble the SEC’s enforcement program,” and the “cumulative effect” would be “devastating.”
  The latest version of the Financial Choice Act introduces sweeping changes to the reforms Congress enacted in the Dodd-Frank Act in the wake of the global financial crisis. Among other things, the bill would alter the authority of the Financial Stability Oversight Panel; reform the structure of the Consumer Financial Protection Bureau; and eliminate the fiduciary duty standard that the Department of Labor has proposed for investment advisors. As Alison Frankel discusses in an interesting May 9, 2017 post on her On the Case blog (here), the bill also contains a number of provisions that would alter the SEC’s enforcement authority and provisions.
  Some of the bill’s measures strengthen the SEC’s enforcement authority. For example, the Financial Choice Act significantly increases the SEC’s civil penalty authority. The bill nearly doubles the penalties for offenses involving substantial losses for the victim or substantial pecuniary gain. The bill also triples existing monetary penalties for “recidivist offenders.”
  One particular SEC enforcement initiative that the bill addresses is the SEC’s use of its own administrative law courts as the forum for civil enforcement actions.  The SEC’s use of these administrative courts arose from Section 929P of the Dodd-Frank Act, which expanded the SEC’s authority to obtain civil penalties in administrative proceedings. The SEC’s use of its administrative courts has proven to be contentious; federal courts have questioned the constitutionality of the agency’s use of the administrative proceedings and commentators have suggested that the administrative courts give the agency an unfair “home court” advantage.
  The Financial Choice Act includes a measure giving defendants in enforcement proceedings in the administrative forum the right to have the action removed to federal court. As Professor Coffee suggested in his congressional hearing testimony, most defendants would opt to remove their action, “if only to slow the pace down.” Coffee further noted that the SEC is “severely resource constrained,” and its use of administrative proceedings permits the agency to litigate at a lower cost and more quickly. The slower the SEC must go, “the more wrongdoers who escape sanctions.” Coffee acknowledged the constitutional questions surrounding the agency’s use of the administrative courts, but he would prefer to see these issues left to the courts to address.
  Another feature of the bill provides that if an enforcement action defendant chooses to remain in the administrative forum, the SEC must establish liability by “clear and convincing evidence.” As Coffee notes, “this is a standard usually reserved for issues involving loss of civil liberties.” It “adds another unnecessary obstacle to the SEC’s ability to enforce the federal securities laws.”
  The Financial Choice Act also focuses on a perceived problem with the agency imposing civil penalties on corporations that violate the federal securities laws instead of bringing enforcement actions against individual offenders. The concern is that the corporate awards may not be having the intended deterrent effect. Another concern is that the costs are being imposed on companies and shareholders. In order to try to align the imposition of civil penalties with policy and enforcement goals, the bill would require the SEC, when imposing a penalty, to include a report by the agency’s Chief Economist that the penalty target benefited from the wrongdoing and that the penalty does not harm innocent shareholders.
  The bill also restricts the agency’s ability to impose automatic disqualification that bars individuals from engaging in future related activities or relying on exemptions. The bill would allow defendants to obtain exemptions from automatic disqualification unless the SEC, following a hearing, determines that the individual is ineligible for the exemption. As Frankel notes, this change “puts a crimp in the SEC’s leverage in settlement negotiations.”  In her Congressional hearing testimony, Maryland Securities Commissioner Melanie Senter Lubin called this measure “baffling and misguided” as well as “contrary to public policy and common sense.” She asked why Congress would make it easier for individuals to rely on exemptions that enabled their misconduct. Professor Coffee added that he sees no reason to take this power away from the agency.
  The bill introduces a number of other measures. Among other things, it requires the agency chair to convene a committee with a mission to review the agency’s enforcement program to insure that it is consistent with the agency’s overall goals and mission. The bill establishes an Enforcement Ombudsman to review complaints about the agency’s enforcement program. The bill also requires the agency to publish an Enforcement Manual to ensure transparency and uniform application of its procedures. The bill would also prohibit whistleblower awards to persons that were involved in the reported misconduct.
  Though many of the proposed changes are more or less neutral, overall the bill proposes to overhaul and rein in the SEC’s enforcement authority and activity. It certainly represents a significant policy shift from period just after the global financial crisis, when the SEC faced criticism for not being active enough. Whether or not the proposed changes represent a positive development is another question. For his part, Professor Coffee said that the proposed changes will “hobble the SEC’s enforcement program” and the “cumulative effect” of the changes “will be devastating.”
  There is no way to know at this point which if any of the Financial Choice Act’s provisions actually will be enacted into law. The bill seems likely to clear the House of Representatives but its prospects in the Senate are less certain. With so many other higher profile features to the bill, the provisions relating to the SEC’s enforcement authority may not attract as much attention or discussion. The various measures affecting the SEC could become law as a relatively unexamined part of a much larger initiative. In any event, it will be important to watch this legislation as it makes its way through Congress.
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