#exxon valdez type post
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NNOOOOOOO
IM DUMPING CRUDE OIL ON THE POST BELOW THIS
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hiiii tell me more abt alaska plz
Alaska is hecking huge. like... ENORMOUS. there's a mostly-in-jest rivalry with Texas, which is the next biggest state. like... this is a huge genre of T shirts, I'm not even kidding
and because AK is so massive, it's extremely normal to go on VERY long drives. to the point that most Alaskans don't bat an eye at a one or two hour car trip, that's just like... the weekly trip to the grocery store.
and the road system is a hot mess. like, there's basically one way in, one way out of most places. for instance, if the Parks Highway gets closed for some reason (it's happened a few times due to wildfires alongside the road), a LOT of people who live in like... Houston or Talkeetna or any of the other tiny towns north of Wasilla/Palmer/Anchorage (Houston/Willow is where the Iditarod starts each year and TKA is the closest actual town to Denali, so they're easy to remember lol) won't have access to full-service grocery shopping or medical help unless they're airlifted out. which is like... a tad frightening to think about, but at the same time it has to do with the very small population density in AK. there aren't that many people per capita, so there just... aren't that many roads. a lot of people just straight-up own planes (like, bush planes) and fly around fairly frequently. I lived across a field from a small airstrip for awhile when I was a kid, it was great because the little planes would fly in low right over my house and if the pilots saw someone waving at them from the ground, they'd tilt the plane back and forth and wave back.
also this spot, here, Valdez:
is #1, the end of the road system, #2, the end of the Alaska oil pipeline, #3, Prince William Sound (which Valdez sits on) was the site of the infamous Exxon-Valdez oil spill, and #4 — the original town was destroyed by a massive earthquake and subsequent tsunami in 1964 and the town had to rebuild a few miles up the road in order to not get washed out again. I'm mentioning this solely bc of my interest in seismological history, but also it's pretty cool to see EXACTLY where the literal End Of The Road is on a map tbh.
ok and one more fun tidbit: the World Ice Art Championship is held every year in Fairbanks AK
which is not only a huge tourist attraction (this is what I was talking about in my tags on that attractions post — North Pole is the actual name of a town that's basically a suburb of Fairbanks. they have like a Santa's Workshop type touristy thing that like, yeah it's kinda goofy but also they do have really good fudge skskdjsk) but ALSO a big deal for people who live IN ALASKA. people drive in from all over the state to walk through the park where they host the competition. they have like, ice slides and mazes and everything gets lit up at night, including the sculptures:
(top 4 pictures from, I believe, 2015 and 2017. bottom two, the same sculpture in daytime and then at night, was a presumably multiblock entry from 2021 that I couldn't find the name of who carved it/which team it was)
anyway part of my point here is: Anchorage/Wasilla/Palmer is a main population center in AK, people annually drive to Fairbanks for the Ice Festival, it's like a 5/6 hour drive. nobody is fazed by this. long distances to Alaskans are a minor inconvenience tbh.
#girl i have just spent like an hour rambling about my home state akdkfbsjfnakfh#anyway. alexa play alaska by sky sailing#Lu rambles#the ice art championship is SO FUN TO VISIT i love walking through and looking at all the sculptures. INSANE what humans#are capable of#i don't recall ever leaving alaska
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Why would u id as a commie when places North Korea exists lol. Are u that dumb or are u just being performative on tumblr to be relatable
Rabies is the fifth studio album by Skinny Puppy. It was released on November 21, 1989 through Nettwerk. The album notably features Ministry frontman Al Jourgensen (credited as Alien Jourgensen) who performed electric guitar and vocals on several songs. The album spawned two singles, "Tin Omen" and "Worlock", the latter of which becoming one of the band's most recognizable songs. The cover art was made by longtime Skinny Puppy collaborator Steven R. Gilmore. In 1993 the CD edition was reissued by Nettwerk to correct mastering errors in the original release.[1]
Rabies was a commercial success for the band, but received mixed reviews from critics upon release, several of whom drew parallels between the record and Ministry's style, both favorably and unfavorably. A joint tour with Ministry, KMFDM, and My Life with the Thrill Kill Kult, dubbed The Mutants of Rock Tour, was planned but ultimately cancelled when Skinny Puppy ended its commitment to the project.
Recording and production[edit]
Most of the band's previous albums had been mixed and produced by the group's "fourth member" Dave "Rave" Ogilvie. For Rabies, lead singer/songwriter Nivek Ogre brought in friend and Ministry frontman, Al Jourgensen. Ogre had met Jourgensen during the recording of the PTP song "Show Me Your Spine" in 1987. Ogre later toured with Ministry (Ogre can be seen and heard on the In Case You Didn't Feel Like Showing Up video and CD) and would also go on to provide vocals for Jourgensen's side project Revolting Cocks.[2][3] The other two members of Skinny Puppy, cEvin Key (drummer) and Dwayne Goettel (keyboardist/synthesist), did not approve of Jourgensen's takeover, creating a "glacial coldness" between the band members.[4][5] A couple years following the release of Rabies, Key mentioned to Alternative Press that he believed Jourgensen's motive for assisting in the album's production was to try and break up Skinny Puppy.[5]
Much of the album had been written before Jourgensen was officially involved, though Key has mentioned that the process was influenced by the notion that Jourgensen might join them in the studio to "jam." The group took into consideration what type of music Jourgensen would be interested in making, thus writing guitar heavy material such as "Tin Omen,"[5] a song which makes reference to the Tiananmen Square protests of 1989.[6] "Fascist Jock Itch," also written with Jourgensen in mind,[5] was inspired by an incident between Ogre and a few skinheads. Ogre states that he had been approached by the skinheads who then proceeded to question him regarding his "loyalty towards communism" (prompted by a small Red star on his pants). Feeling threatened, Ogre pushed one of them away and a short scuffle ensued.[3] Other songs on the album, such as "Worlock" and "Choralone," have been described as being more "pure" to previous Skinny Puppy material.[5] The song "Hexonxonx," a song which criticizes the use of oil (written in the aftermath of the Exxon Valdez oil spill of 1989),[7] has been described as being an exemplary mixture of "twisted humor and Throbbing Gristle-like experimentation", while other entries from the album have been noted for their novel use of sampling.[8]
The song "Worlock" has been played on every tour after its conception. A Roland Harmonizer was used to create the vocoder-effect during the chorus. Samples of the song "Helter Skelter" by the Beatles are mixed with an excerpt of Charles Manson singing the song;[9] the excerpt comes from the 1973 documentary Manson.[10]
Release and promotion[edit]
The original CD release on Nettwerk (and the licensed version on Capitol) was mistakenly mastered with Dolby B noise reduction, which resulted in a muffled sound. In 1993, the album was digitally remastered and re-released on Nettwerk.[1]
Only one promotional video was produced for Rabies. The "Worlock" video was primarily a rhythmically edited string of horror movie clips featuring outtakes and clips from the band's earlier video, "Stairs and Flowers" (from the album Mind: The Perpetual Intercourse). The video, which opens with a "Rated X" graphic, was intended to be a critique of the concept of censorship in America.[3] Many of the movie clips featured in the video were from films made by controversial Italian filmmaker Dario Argento, whose work has a reputation for being heavily censored by US distributors in order to gain "R-Ratings" from the MPAA.[11] For the "Worlock" video Skinny Puppy included footage deleted from the US versions of such Argento films as Deep Red, Suspiria, Tenebrae, Phenomena, and Opera. Other films included in the music video include, The Beyond, Hellbound: Hellraiser II, Bad Taste, Dead and Buried, Luther The Geek, Henry: Portrait of a Serial Killer, From Beyond, Death Warmed Up, Eraserhead and Altered States.
Due to the graphic violence of the horror film clips used in the video, and also copyright violations, "Worlock" was subsequently banned by MTV, and did not receive any television airplay.[12] In 1992, Skinny Puppy released a compilation of their music videos, but "Worlock" was noticeably absent. According to Nettwerk, the video was omitted partially due to copyright problems and also because of concern the video would be banned by other countries which might find the video's content obscene.[citation needed] However, in recent years the video has been widely bootlegged among fans on the Internet. "Backing" videos for "Tin Omen" and "Choralone" were produced for the Too Dark Park tour in 1990, and have also been spread on the Internet.
A limited run of promotional mechanical pencils were made and sent to college (and possibly other) radio stations along with the album. Shaped like a syringe the pencils were white with black lettering "SKINNY [PUPPY]" and white on black lettering "RABIES". They were approximately 4 inches in length.
The Mutants of Rock Tour, which was to include a quadruple bill including Skinny Puppy, Ministry, KMFDM, and My Life with the Thrill Kill Kult, was to begin on December 27, 1989. However, according to Key, the tour was called off when Skinny Puppy collectively decided to pull out, citing concerns regarding the band's then uncertain situation. Key suggested a potential line of shows for the summer of 1990, but expressed little faith in any tour supporting Rabies ever happening.[13] Ogre ultimately joined Ministry's tour for The Mind Is a Terrible Thing to Taste.[14]
Critical reception
Since the album's release, reception from both critics and fans has been mixed. Alternative Press said Rabies was more of a Skinny Puppy/Ministry hybrid and was not representative of the group's best work.[5]
Tim DiGravina from Allmusic stated that Rabies was a solid release, even though he felt the band was not performing "at their peak". He goes on to praise the album's implementation of movie dialogue, particularly commending its use in the songs "Worlock", "Tin Omen", and "Rivers". DiGravina was, however, less impressed by Jourgensen's contributions, asserting that the same qualities which made The Mind Is a Terrible Thing to Taste a good album were not suitable for Rabies.[8] Trey Spencer from Sputnikmusic was less favorable, calling the record one of the group's "low points". He was critical of the album's use of simple (and sometimes "formless") song structures and claimed that the sampling brought nothing meaningful to the table. Spencer was more receptive to the song "Worlock", calling it the band's "defining moment", but concludes by saying that "the rest of the album consists of two good Industrial Metal songs, three average songs, and five songs that aren’t worth wasting your time on".[18]
Beth Fertig of The Boston Globe panned the album as "just another festering collection of noise", but pointed out the use of humor on songs such as "Fascist Jock Itch" as a positive element of the band's music.[15] Daniel Lukes of Kerrang! said that despite a "handful of undeniably classic tracks", the album comes across more as a collection of "Ministry B-sides" than a typical Skinny Puppy record.[16]
In a positive review from the Los Angeles Times, writers Jonathan Gold and David Kendrick list Rabies as an essential industrial album, calling it a "slightly atypical" offering that "also rocks a little harder".[17] This sentiment was echoed by CMJ's Brad Filicky, who called the album "a masterpiece of the industrial genre".[21] Jean Carey of the Tampa Bay Times praised the album, calling attention to the use of sampling, the song "Worlock", and Ogre's vocal work, which was compared to a "crazed Jimmy Durante". Carey concluded by saying that "Skinny Puppy's willingness to experiment and change makes [Rabies] well worth a listen".[19] Mark Jenkins of the Washington Post thought the album was less theatrical than their previous efforts, but concluded that the album's "groove is as solid as any the Puppy has ever fetched".[20]
Personnel[edit]
Nivek Ogre (vocals)
cEvin Key (production, engineering, mixing, various instruments)
Dwayne Goettel (production, engineering, mixing, various instruments)
Dave Ogilvie (production, engineering, mixing, backing vocals)
Al Jourgensen (production, engineering, mixing, guitar, additional vocals)
Greg Reely (additional engineering, special thanks)
Marc Ramaer (additional engineering, mixing)
Ken Marshall (additional engineering)
Cyan Meeks (vocals and lyrics on "Rain")
Keith Auerbach (mixing on "Fascist Jock Itch")
Jeff Newell (mixing on "Fascist Jock Itch")
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Becoming Mike Chapter 1: Blindsided
Source: @erenu
I’ve been interested in the idea of Dorisi for a while, and I was finally inspired to give it a try by this post from @erenu. They gave Dodds so little backstory or personality, which gives me plenty of room to explore who he might be.
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All Mike Dodds ever wanted to be was the lead singer in a band. All his father ever wanted Mike to be was Commissioner of the NYPD. So Mike was Mick Jagger in the shower and William Dodds’ son at work. Very, very seldom was he Sergeant Dodds, and even more seldom did he get to be Mike.
That wasn’t going to change anytime soon, because he’d just accepted a position with the Manhattan Special Victims Unit. Why? Because he wanted the job? Oh, hell no. He didn’t want the job. He wanted to be Mick Jagger. And if he had to be a cop, he’d much rather be ESU; something where he could run around with big-ass weapons and play with man toys like he’d done when he was Special Forces. Actually, his time in the Army - although like everything else, that had been his father’s idea – was the time when he’d been the most himself. Because he wasn’t in New York. He wasn’t under his father’s wing, or in his shadow. Nobody at Fort Bragg or any of the places Mike had been stationed knew William Dodds from Adam, and nobody cared. It was as close to happy as he’d ever been.
But.
Mike was on his father’s “five-year plan” to success – success as defined by William, not Mike – and that plan involved Mike taking the job with SVU. But only as a bridge to the next move Mike didn’t want, which was the Joint Terrorism Task Force. So Mike had found himself on an elevator, standing next to his father, who would now also be his Chief, about to meet Lieutenant Benson, his new boss. He would have given anything to be able to walk into the Manhattan SVU squad room without being escorted by his father as though it was his first day of kindergarten, but he wanted a lot of things where his father was concerned. He was very used to not getting them.
As always, his father bragged about Mike’s accomplishments, as Mike tried his best to stop him without making a thing of it. Mike liked Olivia Benson. His father had told Mike she gave him heartburn, which was always a good thing in Mike’s book. And, standing with the two of them, he could see that the heartburn was mutual.
Mike had rarely given his father heartburn. One of the few times was when he’d refused to go into the Police Academy straight from Special Forces. He’d seen and done some things he needed to think about for a while, and after the experience of being just Mike, rather than William Dodds’ son, for the first time, he was not eager to give that up. Besides, he still had his music dreams, and it wasn’t too late. So he’d taken a job at a bar in Hell’s Kitchen and gotten very serious about his guitars. His father, of course, had been livid. He’d even shown up at Lucky’s to berate Mike and try to shame him into submission but, for the first time in his life, Mike had told his father to go to hell. He’d threatened to cut all ties with his father, and he’d meant it.
To his credit, William Dodds loved his son. He truly was as proud of Mike as he claimed to be. In William’s eyes, Mike could do anything he set out to do. Mike was all he had left; Ingrid had left him and taken Matthew, so William had poured all his love and care into raising Mike and making him everything he could be. It simply never occurred to him that what Mike could be wasn’t necessarily what Mike wanted to be. And it never occurred to him to ask what Mike wanted.
So Mike had spent a year as a bartender and wannabe rock star. It had been a good year. He hadn’t made it big, but he’d discovered a lot of things about himself. That included learning that he actually liked a little more structure in his life than bartending provided, and that he actually liked men more than he did women. In the Army, especially Special Forces, he just found it much easier to go along with the macho culture and date only women. His few short, intense affairs with men were on the down-low and of very short duration. But it was easy to be a bisexual bartender in Hell’s Kitchen, and Mike found that when he was free to screw whoever he wanted, he wanted men. He realized that he had been settling for women because it was easier, and he was no longer interested in doing that. He didn’t worry too much about the label; in Mike’s experience, labels were more a matter of convenient shorthand about possibilities than accurate descriptions of something as complex as sexuality. But he decided that “gay” was closer to his truth than “bi”.
He had absolutely no interest in trying to deal with his father on that issue. He could only imagine what that would be like, and he just couldn’t be bothered. He was well over thirty and they lived in a massive metropolis. Mike’s father never met his dates. If and when he ever fell in love, that would be the time to come out to his father. Until then, what was the point? Whenever his father asked about his love life, he played the pronoun game and changed the subject as soon as possible.
His desire for a life with a bit more structure to it, however, he did discuss with his father. Mike was ready to be done with the bohemian life of a guitar-obsessed bartender and pick up the reins of his life. He realized that meant climbing back under William’s wing, but he also realized he was fortunate to have a father who could launch him successfully on a career with the NYPD. He’d been willing to pay the price of putting himself squarely in his father’s shadow. After the Academy, he’d been assigned to Anti-Crime in Crown Heights and had distinguished himself there, working up the career ladder (with no small amount of help from William) to achieve the rank of Sergeant. But that wasn’t good enough for Mike’s father.
Which is why Mike found himself standing in Lieutenant Benson’s office when Detective Rollins came in to let the Lieutenant know they’d caught a rape call at a hotel. Benson made ready to go to the scene, which would have been a graceful way for Chief Dodds to make his own exit and let Mike get on with meeting his squad and settling in. But no. As though arranging for him to go on a field trip, the Chief had “suggested” to Lieutenant Benson that she should take Mike along to the crime scene. Having no choice, she’d agreed.
And that’s where Mike had first seen Sonny Carisi.
Carisi had been in the squad room when Mike had first entered, but his father had propelled Mike into the Lieutenant’s office too fast to notice any of the detectives as he passed them. Which seemed impossible to him now, when Mike couldn’t imagine ever being in a room where Sonny was and not be absolutely, utterly aware of him. But that’s what had happened.
Arriving at the hotel, Mike and Lieutenant Benson had stepped off the elevator into a hallway where several cops were standing, a few speaking quietly with one another, a couple others interviewing witnesses. And at the end of the hall, just before it turned a corner, stood the two members of his squad Mike hadn’t yet met. He was introduced to Fin Tutuola and Sonny Carisi, and probably shook hands and muttered some pro forma words of greeting. But he didn’t know, because of the thudding of his heartbeat in his ears and his complete inability to see anything but Sonny.
Mike had a type. Mike definitely had a type. He was tall with a boxer’s body: hard muscle everywhere, with a small waist, broad chest and thick, muscular arms. He wasn’t looking for a man built like he was. The men who caught Mike’s attention were the ones with long, thin limbs they didn’t seem to know quite what to do with. Men who moved a certain way that just did something to Mike’s insides. He also had a thing for light eyes. He appreciated any guy with pretty eyes, but there were certain men whose eyes captivated him. Sonny Carisi checked both Mike’s major boxes. And then there was everything else.
Where to start? Probably the first thing Mike noticed after Sonny’s eyes were his lips as he briefed Benson and Dodds on what they knew so far. Mike didn’t think he heard one word. He just watched those lips and imagined what they would feel like to touch, to kiss... At one point, Sonny had smiled briefly, and Mike could actually feel his smile. Sonny’s mouth was a weapon. Mike wondered whether he knew that. Actually, Mike was wrong in thinking he hadn’t heard what Sonny said. He must have, because he noticed the accent. Mike had never known a Staten Island accent could be sexy. In fact, he’d have sworn it couldn’t be. He’d been wrong about that, too. Over time, Sonny Carisi would teach Mike Dodds he’d been wrong about a lot of things.
The jury was out on Sonny’s hair. It definitely worked for Sonny, but Mike liked to run his hands through a lover’s hair, and he didn’t want to end up with his hands feeling like they’d been visited by the Exxon Valdez. But if he got Sonny in a shower, he could wash all that stuff out, and then…
Mike tried to keep his head in the game. It was his first crime scene on his first day with SVU. When Benson told Fin and Carisi to get the security footage, Mike remembered that the head of hotel security was a friend of his father’s, so in his eagerness to be helpful and fit in with the team, he’d suggested that they could drop his name. Big mistake. In a handful of syllables, Fin made it abundantly clear that he didn’t appreciate the suggestion. Mike couldn’t even think about looking at Sonny. He didn’t want to see his reaction.
He hadn’t seen this coming. The possibility that he would walk into this new job, a job he hadn’t even wanted, and be hit between the eyes by a man like Sonny Carisi had never crossed his mind. But here he was. And at this moment, he didn’t have time to figure out the implications. He had a job to do. In fact, when they’d returned to the station, Benson had assigned him and Carisi to interrogate the suspect together.
Thank God Dodds was Special Forces and knew how to focus his mind for a mission. Focusing his mind for a mission had never before involved jacking off, but each mission was different. When he was about to spend God knew how long in a small room around a small table with the most beguiling man he’d ever seen, it was mission critical.
As it happened, Mike and Sonny worked well together. During the interrogation, and during the shakedown at a motel that followed, their styles and instincts meshed from the beginning. It felt as though they’d worked together for years. Mike was relieved and found himself looking forward to working with Sonny from a purely professional point of view. He was concerned about Amanda Rollins, who appeared to be a hot mess. But it was obvious that he was meeting her at a particularly bad time, very pregnant and dealing with family issues from hell, so he decided to reserve judgment and even recommended that Lieutenant Benson cut her some slack. Detective Tutuola clearly resented Mike’s presence and completely distrusted him. Mike had expected that. He’d seen it before, even when his father wasn’t the Deputy Chief over Mike’s particular division.
So it shouldn’t have bothered him when he caught a couple of looks between Fin and Sonny that clearly told him Sonny didn’t trust Mike, either. Nor should Sonny’s muttered comment to Amanda about being careful what she said around Mike. But both bothered him quite a bit. Professionally, he got it. Personally, the idea that this beautiful man thought he was a rat punched him in the gut.
Mike was exhausted when he finally made it to his small, utilitarian apartment and collapsed onto his bed still in his suit. Had it really only been the first day? It felt like it had lasted a month. And what the hell was he going to do with Sonny Carisi? Well, the answer to that question was obvious. He wasn’t going to do anything with him. He was Carisi’s direct superior. The real question was what he was going to do about Carisi.
He lay there, staring up at the ceiling and trying to catch one of the million thoughts running through his head and follow it. Benson had called him on about a thousand mistakes. That was humiliating, sure, but it was also Day One. And he appreciated a boss who simply gave it to him straight and in the moment. That, he could definitely work with. His dad had been embarrassing as fuck, escorting him in and then coming by at the end of the day for a parent/teacher conference. But that was life on Planet Mike. The case was twisty and interesting, especially the mind fuck of finding out the escort had been Rollins’ sister, and then the sister stabbing her pimp in the junk. Adam’s balls, if this was what every day in SVU was going to be like, Mike was going to need to start taking more vitamins. Maybe he should get some of those vile little energy drinks to keep in his desk, just in case.
Mike tried to ignore the part of him that couldn’t wait to see Carisi the next morning. Like an idiot teenage girl, he found himself on the subway wondering what Sonny was going to wear, for fuck’s sake. He needed to get over this crush, and quickly. Maybe a couple of days, or a week, and he’d be over that body, and those eyes, and that mouth…
Then again, maybe not. The first thing Sonny did when Mike arrived was present him with a cup of coffee from the cart outside the station, and smile at him. At thirty-plus, Mike didn’t often get involuntary wood, but damn, the little creases around Sonny’s eyes when he smiled! And those fucking dimples… Mike wondered whether this was going to be a real problem. He’d had a hundred crushes before, but this was on another level. And the fact that not only was Carisi a good detective but apparently thoughtful of the new guy, too, was disturbing. Very, very disturbing.
Mike’s second day was a bit less of a wild ride than the first had been. He managed to have a real conversation with Detective Tutuola, which was a step in the right direction, although he could tell it was going to take a very long time for that relationship to thaw. He was willing to put in the time. He’d done his homework before beginning at SVU, as he always did, and he knew Tutuola was well worth the investment of building some kind of working rapport. He had a thick file of commendations, and the case records Mike had studied showed he handled undercover frequently and expertly. Besides which, Mike just liked Fin. He appreciated a guy who could think fast enough on his feet to toss off the one-liners he did and, like Olivia, Fin was straight up about what he was thinking.
When Olivia and Amanda had gone to the courthouse where Amanda’s sister was being arraigned, and Carisi was out of the squad room following up on another case, Mike had taken the opportunity to step over to Fin’s desk and sit in the visitor’s chair next to it.
Fin looked over at him, his face giving nothing away.
“Detective Tutuola, I-“
“Fin.”
“Fin. I did my homework before taking this job, and I wanted to let you know, in case you wondered, that I know your record. It’s impressive as hell.”
Fin said nothing, nor did he change expression.
“The other thing I wanted to do is acknowledge the elephant in the room. You don’t know me. But you do know my dad, which is not a good thing. I’m aware that there’s been some tension between him and this unit, and I’ve known my dad for a while now. I can imagine the kind of things that have gone down. So if I’m you, I’m thinking things just went from bad to worse, because now you got my dad in your face 24/7 in the form of his kid. Am I right?”
“You’re right,” Fin said, nodding slightly, in the same tone of voice he’d use to agree with Mike that it was daytime.
“That’s not how it is. My loyalties lie with my unit. Always. I wouldn’t believe me, and I don’t expect you to just take my word. But I’ve got a lot of respect for you. I know you were Rangers, and being ex-Special Forces myself, I got mad respect for that, on top of your police work. You’re a man whose respect I’d like to have, and I intend to earn it. I just thought I’d let you know.”
Fin again nodded slightly. Mike got up and went back to his desk, hoping that at least acknowledging the situation was a start.
It was. Fin thought that Chief Dodds would never have bothered with such a conversation, let alone show his cards like that. He certainly wouldn’t have said he wanted to earn Fin’s respect; he simply demanded it as his due. Maybe Sergeant Dodds wasn’t quite as much of a dick in a starched shirt. But Fin would let the Sergeant’s actions do the talking. He wasn’t in the habit of taking anyone at their word.
The case they caught was an ugly one. Mike and Fin responded to a flat in Chelsea where a woman had been murdered, with definite evidence of sexual assault. Mike had worked any number of murder scenes, and something about the act of murder always pissed him off – his need to find and collar the murderer had always been more about justice for taking a life, rather than getting a win. But this- the vic yesterday had been bad enough. It was difficult and disturbing to hear her statement – no, it’s called a disclosure when it’s a rape, Mike reminded himself – and it had raised in him the same level of anger as a murder, but of a different type. Now, today, the idea that this woman had been sexually brutalized before being killed aroused in Mike a combination of those two reactions that he could feel somewhere in his chest.
“You with me, Sarge?” Fin asked quietly and not without a note of kindness.
“Yeah. This just pisses me off, is all. Murder is one thing. This is a whole other floor of the building.”
“I’d tell you that you get used to it, but I’d be lyin’.”
“Roger that.”
They went to work. Carisi joined them when he could, and together the three worked the scene, supervising the CSU techs, conferring with the Medical Examiner, and interviewing witnesses until the early evening.
When they had finished, they braved the various smells that assailed them on the stairway, Fin in the lead, Dodds next, and Carisi in the rear.
“Sarge, I’m guessin’ the squad car you’re in is signed out to Fin, amirite?” Carisi asked as they descended.
“Yeah, that’s right.”
“They always are,” Sonny smiled. “You’ll learn quick enough that no one drives Fin but Fin. You wanna ride back with me?”
Mike felt a swirl of tingles in the pit of his stomach. “Yeah, sure. Whatever.”
As Carisi pulled out of his parking space, Mike noticed that his legs were so long that his knees actually bracketed the bottom of the steering wheel. Mike was actually taller by a couple inches, but apparently Carisi didn’t like the seat back far enough to stretch out the way Mike did. That should not have been sexy. The way his hands looked on the steering wheel, however, was just objectively, scientifically sexy and Mike didn’t question it. He did look away, however, because he could feel himself responding to just the sight of those hands, and he had to clamp down when his mind naturally went screaming to thoughts of how they would feel on him.
“Was there a particular reason you wanted me to ride with you, Carisi?” He asked, hoping like hell Sonny would distract him with a question or some advice or something.
Sonny shrugged. “Not really. I guess I just wanted to get a chance to get to know each other a little is all. This unit’s pretty small, and we all gotta have each other’s backs. So, you know, we need to know each other, know how each other thinks. That’s all.”
“Yeah, I got you. So what do you want to know?”
Sonny grinned and shot Mike a look that had Mike repositioning himself in the seat. “I dunno. I didn’t prepare a questionnaire or anything.”
“I did have a conversation with Fin earlier that maybe I should have with you, too. I told him that my loyalties lie with the unit, with SVU. I get what you all must think, me being the Chief’s son and all. And I get that it’s gonna take some time to be able to trust me. But you can. I’m not my father’s spy at SVU.”
“Nobody’s saying you are,” Sonny said.
“Oh, brother,” Mike gave a short laugh. “I don’t know how you’ve done as well as you have undercover, if you can’t lie any better than that.”
Mike wished he’d been looking somewhere else when Sonny laughed at that. That crinkly-eyed, dimpled smile was going to be the death of him. He changed the subject.
“So you got any words of wisdom for the new guy? My father says the smartest thing you can do in a new assignment is learn all you can from the people who’ve been there a while.”
Sonny hesitated. His open face clearly showed that he did have something he wanted to say.
“What?” Mike prompted.
“It’s just… No offense, but you oughtta take the phrase ‘my father says’ outta your vocabulary, at least around SVU.” Sonny glanced briefly over to see how Mike took that.
Mike nodded, looking out the passenger window. “You’re not the first person to say that,” he admitted.
“Don’t get me wrong, I’m not knockin’ your dad.”
“I didn’t take it that way.”
“And I look up to my dad a lot, so I get that, too. It’s just… this situation…”
“Right. Got it. And thanks. I appreciate your candor.”
They talked about SVU, the other detectives, and Lieutenant Benson for the rest of the drive back to the station.
Later, alone in his dingy little apartment sipping a beer and staring at something on ESPN without really seeing it, Mike thought about that conversation. About his relationship with his father. At bottom, Mike loved his dad. He respected him. He understood who his dad was and, for the most part, he liked the man. But he knew his father was abrasive in a way that was part stereotypical New Yorker, part uniquely William Dodds. He knew that his father was an ambitious, political animal who thought strategically at all times and in all situations. But he was just as ambitious for Mike as he was for himself, and Mike knew in his soul that that was about Mike, not himself. Mike had certainly known parents whose ambitions for their children, and pride in their accomplishments, existed only for the greater glory of the parents. That wasn’t William Dodds. William Dodds was simply a man who loved his son by pushing him, driving him toward ever-greater successes. That was his way of showing love. Mike got it, and he loved his dad for it.
He also hated the hell out of him for it.
When his phone vibrated on the coffee table at his feet, Mike knew without looking that it was his father.
“Hey, Dad,” he answered.
“So? How’d your second day go?”
“Caught a rape and murder in Chelsea. Wasn’t pretty.”
“I heard. And I heard you were pretty on top of things at the scene.”
“Shit, Dad, are we gonna have this conversation again? I cannot succeed in the NYPD if my father’s constantly coming in behind me demanding praise for the job I’m doing.” Mike had long ago stopped noting that it also bugged the fuck out of him. William Dodds didn’t even hear him say that. But he did hear anything that might be a hindrance to Mike’s career.
“That’s not how it was, Son. I just happened to run into Maury Kaplan from Homicide, and he mentioned he’d seen you there. He offered the praise, I didn’t ask for it.”
“OK, Dad. I appreciate it.”
“There’s nothing wrong with pointing out the job you’re doing. That’s how you get noticed. A shrinking violet doesn’t make Lieutenant, Son.”
“Yeah, I get that. But I don’t need a publicist. People resent that, Dad.”
“Aw, they’re just jealous because you’re a rising star.”
“Look, we’ve been through this a million times, let’s not rehash it. But you told me to sink or swim at SVU. Just… don’t tie a rock around my neck, huh?”
“All right, Mike. All right. I just wanted to check in, see how your second day went.”
They discussed the day for a few minutes, and eventually said good night.
At the end of the week, the team went to Steve’s Place, a cop bar that was between the station house and Mike’s apartment. Mike had been there many times. It was very convenient because it was walking distance from home, and just enough of a walk that it cleared his head a little on the way on those rare occasions when he overindulged.
The conversation was light and friendly. Mike was pleasantly surprised that Rollins came with them, having expected that she’d be exhausted after a day at work, as pregnant as she was. It was a nice chance to get to know the squad as people, and let them see who he was, as well. He made a point not to mention his father even once. He figured it was a good thing that the squad even wanted to have a drink with him, given that they all thought he was more or less a mole. He wanted to use the opportunity to make a little progress with them.
They all stood outside Steve’s and said their goodbyes, then Mike put his hands in his pockets and headed up the street toward his apartment. As he passed the empty storefront next door to the bar, Sonny stepped up to walk beside him.
“You live around here, Sarge?”
“Yeah, about eight blocks uptown. You?”
“Yeah, I’m just off of 2nd and 12th.”
“Shit, Carisi, that’s about three blocks from me. Guess we’re neighbors.”
“Guess we’re government employees who can’t afford a better neighborhood.”
“I heard that.”
Mike wasn’t particularly bothered by this new information. New Yorkers who lived on the same block could go a lifetime without meeting. In fact, it could be convenient that the two of them lived near one another if the squad had to pick both of them up to go to a scene sometime.
He noticed the way Carisi walked, essentially throwing one leg out in front of the other. Their strides matched pretty well, and they ate up the blocks quickly, making small talk and occasionally finding something to laugh about. A couple of times, their hands touched as they walked, each time sending a jolt of electricity up Mike’s arm and to his guts. He wasn’t drunk by any stretch, but Mike reminded himself not to say or do anything that might betray his interest in Sonny as a man. He thought they could become good friends if he could just shake off this ridiculous crush. He no longer expected it to go away in a week, but he hoped it would eventually wear off. Not only because he couldn’t do anything about it, but because he was on his way to really appreciating Sonny as a cop, and liking him as a person.
It occurred to Mike to wonder whether Sonny might be straight. That would make things easy. He’d certainly made it clear that he had no issues where sexual orientation was concerned, but Sonny might still be one of those men who gave off gay vibes while being entirely straight. Mike hoped so.
They reached the corner where Mike had to turn off. They stopped briefly on the corner, standing finishing the conversation they were having about Rollins’s family problems. Standing there in the nighttime glow of the city, Sonny looked beautiful. Mike purposely took a step back to make sure he wouldn’t get too close and do something catastrophic.
And Sonny closed the distance again.
Mike wondered whether he’d done it intentionally. He could imagine that Sonny was making a bit more eye contact than a normal, casual conversation between coworkers would warrant, but then Mike wanted to imagine that. He also didn’t want to, but that wasn’t in his control. He was a man with a bad crush, and Sonny was a fucking snack to look at. Not to mention a good cop and a guy Mike could be friends with.
Mike couldn’t help it. He’d had just enough beer to make a slightly risky decision. He stood his ground, just waiting to see what Sonny would do as they talked. He’d played this game a million times; it was one of the ways Mike could determine whether a guy was interested. If they stood just a bit too close, if they touched him in a supposedly casual way…
Sonny did both of those things.
Fuck. Mike Dodds might just have found himself in serious trouble. He ended the conversation as quickly as he could and strode home as fast as his legs would take him.
#law & order svu#law & order: special victims unit#mike dodds#andy karl#sonny carisi#peter scanavino#olivia benson#fin tutuola#amanda rollins#Law & Order SVU Chief Dodds
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New Post has been published on https://primorcoin.com/how-the-sec-proposal-to-change-one-definition-could-kill-defi/
How the SEC Proposal to Change One Definition Could 'Kill' DeFi
In brief
The SEC has been releasing proposed rule changes this week. One proposal addressing electronic Treasury bond traders could impact liquidity on DeFi markets.
Seemingly tiny policy changes can have unintended consequences. Take the 1989 Exxon Valdez oil spill, which prompted states to hold tanker operators liable for future oil spills. In response, at least one oil company outsourced oil deliveries to independent ships with questionable records, paradoxically increasing the potential for disaster.
Same too with a rule proposed this week from the U.S. Securities and Exchange Commission dealing with electronic trading of U.S. Treasury bonds. A suggested tweak to the definition of “dealer,” tucked into a footnote, could upend crypto’s decentralized finance wing without ever referencing DeFi.
As explained by Blockchain Association head of policy Jake Chervinsky on Twitter, the rule, as proposed, “would expand the definition of regulated ‘dealers’ to include people who ’employ passive market making strategies’ that have ‘the effect of providing liquidity’ to others.”
Snoozer, right? But wait, isn’t that exactly how DeFi works?
DeFi, short for “decentralized finance,” is the broad term used for blockchain applications that let people sidestep financial intermediaries. You can lend and borrow assets without a bank and swap tokens without a broker.
That latter bit is different from, say, Coinbase or Binance, which actually take custody of assets on users’ behalf; in DeFi, you hold on to your own assets the entire time. Automated market maker (AMM) protocols even allow people to trade one asset for any other listed on an exchange, even if there’s not someone else on the other end of that specific trade. (You might want to swap Axie Intinity for ApeCoin, but no one with APE wants AXS.)
But to actually swap tokens in a decentralized way on AMMs requires a huge amount of liquidity, i.e., available cash. DeFi protocols incentivize people to lock up their tokens in vaults—so the exchange can temporarily draw on it to facilitate trades—by giving them rewards in the form of digital assets.
You can see now how this might be bad for DeFi. Delphi Digital General Counsel Gabriel Shapiro tweeted, “SEC will argue that all [automated market maker liquidity providers] are unregistered dealers. That would be like saying all Bitcoin miners are [virtual asset service providers]—if enforced, it would kill the tech.”
SEC Commissioner Hester Peirce, often at odds with her colleagues on issues related to digital assets, also has concerns, though she also doesn’t mention DeFi. Specifically, she asks whether the expanded definition could cause liquidity to dry up.
“A more varied set of liquidity providers also benefits market resilience; when one type of liquidity provider is unwilling to step in, another may be able to fill the gap,” she writes. “A market in which all of the liquidity provision is concentrated in a handful of large dealers regulated on the traditional model—which the proposal seems to favor—may impair market liquidity without increasing market resilience.”
Moreover, while the impetus for the change seems to be to mitigate risk emanating from over-leveraged liquidity providers, she claims we shouldn’t be too concerned: “Markets are actually more resilient as a whole when individual firms know they can fail and that, if they do, nobody will be there to rescue them.”
Web3 proponents don’t want DeFi to fail. That’s why they’re paying attention to the fine print.
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The Best Sites In Alaska: What You Should Know
One of the most beautiful places on earth is the state of Alaska. Although cold, the sites are simply stunning. Whether sightseeing through natural parks, looking for bears, camping, taking a tour, or just dining out, you will fall in love with the land and the people. If you have been thinking about a vacation and are not sure where to go, we recommend you consider a trip to the most stunning place Alaska. To help you plan your trip, we have provided some suggestions on what you might do and see.
Alaska Native Heritage Center Anchorage
To help you learn about the various cultures of Alaska and the native people, this center teaches about customs, practices, and arts. This experience includes walking through native homes, watching ancient practices and performances, and being able to gain a better understanding of the importance of hunting and fishing in this vast land.
Iditarod Headquarters Wasilla
If you have never taken the opportunity to watch the Iditarod on television, you are missing an amazing adventure. At the Iditarod headquarters, you can learn about this massive dog sled race. Then on the first Saturday each March, the ceremonial start of the race occurs in Anchorage with the actual race starting in Wasilla the following day. Exciting and fun, this is truly an incredible experience.
Alaska Seal Life Center Seward
From monetary settlements coming out of the Exxon Valdez oil spill, this center was created to help teach people about marine biology, seal life, and animal rehabilitation. This area of Alaska is mesmerizing, rich with an abundance of sea mammals, fish, and birds. Perfect for families, the Alaska Seal Life Center offers hands-on exhibits while teaching about this state’s ecosystem. Known as one of the most intriguing places to visit, we highly recommend it.
Denali National Park
Denali, which translates to The Great One, is the native name for the highest peak in all of North America Mount McKinley. This mountain range offers a number of peaks where all types of wildlife live to include bears, wolves, all sheep, wolves, and moose. If you enjoy the great outdoors, you can take a tour of the area or enjoy a day of hiking. Spread out over some six million acres, you will immediately fall in love with the natural beauty.
Glacier Bay South East Alaska
At Glacier Bay, you will discover 13 tidewater glaciers. Although they are all spectacular, the three largest and most impressive include Margerie, Muir, and Johns Hopkins. Glaciers are located in the south half of the state, with many of those being accessible by foot or vehicle. For those harder to reach, you can enjoy magnificent views from an airplane or boat. To see the largest concentration of calving glaciers in the state, you want to spend time at Prince William Sound.
Bear Watching
One of the favorite things to do in Alaska is to look forbear. With grizzly, brown, and polar bears, the very sight of these incredible creatures is breathtaking. Of course, safety rules are important to follow but the best places to visit include the Anan Wildlife Observatory where black bear feed in the salmon stream, and Pack Creek where brown bears live on the island. Additionally, Katmai National Park is an excellent adventure where from July to September, you can enjoy brown bear feeding off salmon runs and Kodiak Island, the famous place where the largest bear in the world is seen, the Kodiak brown bear.
The post The Best Sites In Alaska: What You Should Know appeared first on My Healthy and Wealthy Life.
from My Healthy and Wealthy Life https://myhealthyandwealthylife.com/the-best-sites-in-alaska-what-you-should-know/ via https://myhealthyandwealthylife.com
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- Pop Up Brief 1st May
Critical Modernism - Where is Post Modernism Going - Charles Jencks, The origins of Post - Modernism
Key Dates: Ten Deaths of Modernism - Post 1960
1968 May riots, French students attack Bigness
1969 Civil Rights and Vietnam Protests
1971 Oil Spill; 1986 Chernobyl; 1992 Exxon Valdez
1972 Blowing up of Pruitt - Igoe and housing estates
1973 Oil crisi - Nationalism and cartels of OPEC
1978 Brazil, Mexico, Third World Debt
1979 End of Keynesian economics, the Modern Settlement
1980 Solidarity in Poland rises against Totalitarianism
1989 Fall of Communism in Eastern Europe
October Yeltsin storms Supreme Soviet
Jean-François Lyotard perceived the Post Modern movement to be more of a condition rather than a movement in itself, viewing it as a ‘slackening of modernism into electicism’. Two crucial types of Post Modernism as defined in David Lodge’s novel Small World;
“Metanarratives have hardly ended. Rather people believe many more things today, beliefs have proliferated!”
“After the Holocaust, one cannot believe in continuous progress, economic or social, now the Kantian notion that democracies don't make war, so many other metanarratives of modernism...”
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The outbreak of E-Coli in Jack in the Box (Case Study)
‘’The name Jack in the Box became the fast-food equivalent of Exxon after the Valdez oil Spill,’’ (Tutko,2018)
As mentioned, the incident that happened to Jack in the Box in 1993 became one of the most highly talked crisis that still lingers on everyone’s mind, just like the Exxon’s oil spill. Jack in the Box is one of leading fast food chain in America that has suffered badly from the outbreak of E Coli in 1993 which resulted in the need of the government to investigate the issue. The outbreak has led to 477 people infected and have caused 3 deaths (Ulmer and Sellnow, 2000) in Washington. Washington Department of Health, which led the investigation, found out that the cause of the outbreak came from the hamburgers that was sold by Jack in the Box (Clark, 1995). This resulted in the damaged to the organization’s reputation, rapid decline of revenues and also altering the perception of quality the consumer has towards the company (Seo et. Al, 2014). Despite the outbreak, the crisis was considered to be well managed after the crisis by the food chain as it made them an industry leader in food safety in the prevention of any contamination. This also resulted in the revamped of the safety standards across the whole food industry. However, when it comes to addressing to the crisis, it was badly managed by the company. The theories that are going to be used in this case study is the Swiss Cheese Model, Incubation Period and Icarus Paradox. These theories are applicable as this helps in the case to be studied thoroughly and to identify the small details that led to the day of the crisis.
Preconditions
1) Rapid Fast Food Industry Growth
During the early 1960s, there was a major redevelopment in the economy due to post wars which led to a rapid increase in the fast food industry. As such, fast food companies focused on convenient food such as french fries and hamburgers as they can be made easily. Due to the nature of its name, it focuses on faster production of food and accessibility, stability in the presentation of the food, lower costs labor (Price, 2001). Taking into consideration on how this type of food is being processed and made, it can be concluded that Jack in the Box focused heavily on achieving faster food production, neglecting any other possible issues such as food safety. Thus, the rapid fast food industry growth was one of the preconditions that has led to the crisis and this is one of their latent errors.
2) Competition
In the midst of trying to dominate the fast food industry sector during the post war period, Jack in the Box was faced with many competitors. With MacDonald’s being one of their major competitors, they decided to alter their business by targeting the older generation through diversifying their menu (Gale, 2006). This then led to an increase in their revenue and they began expanding their food chain with another 897 stores in 1987. With the immense success it received, Jack in the Box began expanding more of their menus to outshine their competitors and this led them into becoming one of the most successful company in the food chain industry in a short period of time. There were also new promotions such as the Monster Burger which at that time was receiving a huge amount of demand from their consumers, gaining an upper hand over their competitors (Marvo, 2015). The new business model that was implemented by Jack in The Box had led to a reduce in sales as much as 20% in other fast food companies (Upbin, 1999). As the company was too concentrated in dominating the market, this has led them to neglect other aspect of the business that could lead to failures. The constant desire to be the market leader and numerous marketing techniques is one of the preconditions.
Due to their new business model, they were too focused on serving high quality food. As such, they neglected a suggestion that was given by one of their employees, Wendy Cochinella, to increase the cooking temperature for the beef as customers complained that the beef was undercooked, as shown in Figure 1. The response was not taken positively as high-superior believed that by increasing the cooking temperature would result in making the meat tougher, therefore losing the true taste of it. (Marler, 2018). Prior to that, Bremerton-Kitsap Country District had issued out a new regulation to set the cooking temperature at 155 degrees instead of 145. However, Jack in the Box still ignored the regulations thus, making this a covert issue, preconditions and also the latent errors. It was also considered as an incubation period due to that fact that there were also no measures were taken and accidents are waiting to happen.
3) Recession
Despite competing with other fast food industry rivals, Jack in the Box still had to deal with recession in the 1990s whereby consumers tend to be more price sensitive and thus, avoiding eating at fast food restaurants due the high price (Price,2001). The recession happened due to the then US president, Reagan’s intention to deregulate some of the industry and making certain reduction in government budgets (Amdeo,2018). The recession had caused many fast food restaurants, including Jack in the Box, to reduce their expenses by laying off their employees and cutting down cost on their food production processes (Moran, 2008). An example would be that Jack in the Box eased off the training programs for their employees as a way to cut cost, which is considered as a latent failure as this would only add on to the employees’ lack of basic training. The cutting of cost and improper training is one of the latent errors and preconditions.
4) Meat Industry
As Jack in the Box focuses on fast food such as hamburgers, they tend to rely on the beef industry for their main ingredients. By 1990s, the price of cattle started to fall and this resulted in a huge demand of meat. Thus, the meet industry became an important sector in the fast food industry (Schlosser, 2001). Despite the growing demands and the changing environment, the beef industry still relies on the old ways of inspecting meat such as the sniff and poke method instead of the micro bacterial method (Connel, 2017). Not much has been done to revamp the inspection of beef as President Reagan decided to reduce cost on public health and focused more on the government deregulations thus, neglecting the need to enforce any regulations towards food safety (Schlosser, 2001). The public health groundwork was also not stable as President Reagan focused on political business issues instead of food safety. As such, the unchanged method and President’s Reagan business- like mind were one of the preconditions and latent errors that led to the crisis. Traces of E-coli have already been detected earlier in 1984, in Macdonalds’ burger. Particia Griffin, one of CDC experts, decided to appeal to build a system to monitor the disease but was rejected due to the lack of resources (Clark, 1995). This is considered to be a covert issue as there were already signs, however no actions were taken into account. In 1988, known as the incubation period, USDA gathered specialist from universities, government and industry to create a movement to reduce the pathogens. However, there was tension between USDA and public health officials due to disagreements between the two parties (Clark,1995). Thus, it was not solved as it was not their prime concern.
Trigger
With the preconditions being laid out, the trigger in which was the tipping point to the crisis is the weak food safety culture in both the organization and the country. This is the trigger point of the crisis because if there was a proper standardization of food culture between the two parties, the crisis could have been prevented. With improper training given to employees, this has led to poor food safety culture, thus, causing the crisis to start.
Crisis
The crisis happened in January 1993, where there was an increase in the number of children that was admitted to the hospital, of which almost 400 of them were infected by E coli in various states such as Washington and Ohio. Soon afterwards, 3 children died due to the disease. This then caused the Washington Department of Health to investigate the issue, where they found out that the root cause of the disease was from the consumption of Jack in the Box’s Monster Hamburgers that was on promotion, which was said to be tainted (Clark,1995). Following the news of the outbreak, Jack in the Box removed around 28,000 patties in all their stores and replaced it with new ones (New York Times, 1993). Although they removed the patties, it was still insufficient to contain the outbreak as many people had already consumed the patties even after the recall.
However, CEO Robert Nugent denied taking responsibility for the incident because he believed that not all of the patients had consumed their burgers and the issue might come from other sources or food chains. In addition, Robert Nugent also tried to shift the blame to their meat supplier, Vons Companies (Gale, 2006) where he blamed them for shipping contaminated meat, which resulted in Jack in the Box sueing their supplier (New York Times, 1993). The response given by Jack in the Box made the crisis worse as they kept putting the blame on others instead of addressing the issue. There were series of events in which different parties were not hesitating to blame and pointing fingers at one another. It all started with Jack in the Box blaming Vons Companies for the outbreak of E Coli, of which Von Companies then blame the meat inspectors, which then blames the USDA for insufficient meat and finally blaming the Congress for the insufficient budget in the health sector (Evans, 2017). However, the exchange of blame between different parties helped in the discovery of small details which led to a series of investigation.
Even though the company was blamed, Jack and the Box managed to address the media in an eloquent manner on the precautious measurements taken to ensure that their food products are not contaminated and how they aligned based on the regulations that were issued by the Washington State Department of Health. However, it took them one week to reply to the media and which caused major uproar as people were concern and frustrated. As such, the crisis has led to Jack in the Box to be facing with many litigations from the victim’s family and 40 lawsuits (New York Times, 1993), leading to a loss of over $160 million (Clark, 1995). In addition, the CEO offered to pay for the treatments of the victims as an act to restore faith (Benedict,2011).
During the whole crisis, it was later found out that the top managers had a meeting to discuss on the food quality and regulations upon receiving the memo from the Health District (Portfeild, 1995). This shows that Jack in the Box was already aware of the changes in the regulation. Thus, Jack in the Box made contradictory statements because they addressed to the media that they are following the state regulations, however after documents were discovered, they admitted their mistake. As no changes were made to the cooking temperature, the employees continued cooking the meat at 145 degrees which is then considered to be the active error that led to the outbreak of E Coli. Even if the meat was contaminated, it can still be prevented if they made changes to the cooking temperature (Ulmer and Sellnow, 2000).
Also, this becomes an Icarus Paradox because the company that changes its marketing schemes to target the older age group with promised ‘’higher quality food’’ (Ritzer, 2011) couldn’t live up to its words and in turn ended up causing the meat to be contaminated. This then led to the cause of the company’s failure due to the outbreak of E Coli. As such, the latent and active errors align which cause the crisis to happen.
Post Crisis
Due to the outbreak of E-coli, there were many changes that had taken place within Jack in the Box food chain so as to improve the food safety and to prevent any foodborne illness spreading in other fast food restaurants. The changes include improvement in their food safety programs and also implementing food safety trainings for the employees (Andrews, 2013). Food safety trainings consists of employees to learn through the use of computer that is presented through video on food safety that are placed in the store. Thus, ServSafe program is established whereby employees are presented with a certificate to show that they have undergone the training (Bricher, 2007). This also includes Hazard Analysis and Critical Control Point (HACCP) that was introduced to Jack in the Box in which one of the steps include the need to sample the beef that comes from their supplier (Andrews,2013). As such, this made Jack in the Box to be the first company that uses this system as to combat any possible food borne illness. As said by Dr Anchesons, an expert in the food and drug administration, the crisis was a wakeup call in the food industry and has led to regulators such as the FDA to implement the strict food safety policies around all food related industry. This phenomenon changed the behaviors and perception of food safety procedures in the food industry (New York Times, 2015). On top of that, this crisis has also led to stronger regulations set by the United States Department of Agriculture in which the disease has become reportable and it would be illegal for any industry to sell contaminated meat (Jeff,2001). As such, this encourages many industries to look into their production systems and suppliers as to ensure there is no contamination.
Despite the fact that the E coli outbreak have caused Jack in the Box reputation to be tarnished, there were many aggressive efforts that was made by the company to restore the confidence of their customers. Jack in the Box made changes to their mascot through utilizing television commercials with their new fictional character which has enabled them to rise again. They came up with commercials to communicate to the consumers about their improvement of the food safety. They managed to increase their earnings to $35 million based on the new marketing campaign (Gale, 2006). As such, Jack in the Box managed to recover from the crisis.
However, there could be other initiatives that Jack in the Box could do which is to strengthen their communication with the employees and customers as to identify and solve the problems before the crisis arise. In addition, Jack in the Box should have implemented a better strategy in communicating to the media on their crisis. Instead of blaming other suppliers, they could have just communicated on the changes they made.
Conclusion
In conclusion, the crisis had changed Jack in the Box tremendously and it can be said that without the outbreak of E coli crisis, Jack in the Box would not be where they are now. There are new regulations that have been put in place to prevent such a thing from happening again in the future. The outbreak of E coli made the nation realized that food safety is important and there should be strict regulations imposed. Prior to that, this analysis has shown us that it is important to manage the preconditions before the trigger can happen to ensure that the crisis can be prevented. In addition, with the help of the theories stated, it helps the analysis of the crisis to be more concentrated such as the identification of any covert issues that may arise in the case. The incubation period had enabled me to focus on the problems that was not solved over the years. As for the Swiss cheese model, it enables me to identify the active and latent failure that had led to the outbreak. The Icarus paradox helps me to understand on how their pride business product became a source of their problems.
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A Massive Oil Spill in the Arctic Has Turned a River Red
A catastrophic diesel spill has dumped 20,000 metric tons of fuel into the area surrounding the Russian Arctic city of Norilsk, causing rivers to run red. In a video posted by a Russian news outlet, a person scoops up some of the discolored water and easily lights it ablaze.
For comparison, this spill volume is about half as large as the Exxon Valdez disaster, which released at least 35,000 metric tons of crude oil into Alaskan waters more than 30 years ago. Though crude oil molecules are larger and take much longer to circulate out of an environment, diesel fuel is a more toxic form of pollution.
In response to the disaster, President Vladimir Putin declared a national emergency on Wednesday in an attempt to secure funds and resources to begin the clean-up process. Though the spill occurred in a sparsely populated area, it has spread through the region’s water system, likely causing ecological damage and risks to public health.
The spill began last Friday when a fuel tank at a remote power plant owned by Norilsk Nickel, a nickel and palladium mining company, collapsed and ruptured into the Daldykan and Ambarnaya rivers. The cause of the spill is currently being investigated. In a statement, Norilsk Nickel said that the spill may have been ground instability caused by melting permafrost, which is a layer of soil common in polar regions that typically remains frozen all year.
"What we can suggest is that as a result of the abnormally mild temperatures, a melting of the permafrost could have happened that led to the partial subsiding of the support on which the tank sits," Sergey Dyachenko, Norilsk Nickel’s vice president, said in a statement reported by ABC News.
Rising global temperatures, caused by human activity, are thawing permafrost at an accelerated rate. This trend has already damaged infrastructure in the Russian Arctic, and elsewhere. Norilsk Nickel claimed in a statement that permafrost thaw caused a “sudden subsidence of supports,” according to the Siberian Times.
Though the exact role that permafrost thaw played in the Norilsk spill is still unclear at this point—which is further muddied by initial claims of a car running into a fuel tank, as reported by ABC News—experts predict that more of these catastrophes are bound to occur as permafrost is lost at high-latitudes, which could have devastating consequences for Arctic communities.
“In my opinion, these types of environmental disasters will most likely become more common as climate change continues to accelerate permafrost thaw,” said Boris Biskaborn, a geoscientist at the Alfred Wegener Institute’s Helmholtz Centre for Polar and Marine Research, in an email.
“Permafrost degradation is also affecting any other infrastructure such as air ports, pipe lines, streets and buildings,” he added.
Russian authorities have also indicated that criminal negligence may have played a role in the disaster, in addition to the reported effects of climate change in sparking the spill. Alexander Uss, the governor of the Krasnoyarsk territory where Norilsk is located, claims he was only alerted to the spill when social media posts about it started going viral on Sunday, according to ABC News.
Putin admonished Uss as well as the leadership of the power plant for the delay in reporting the spill, and the Investigative Committee of the Russian Federation has launched a criminal investigation into the disaster. Three criminal charges have been laid and the head of the plant workshop was also detained as a suspect, according to Russian state news agency TASS. Vyacheslav Starostin, director of the power plant, has also been arrested and detained but has not been charged with a crime at this time, reports the BBC. Norilsk Nickel was previously fined for a much smaller pollutant spill in the region’s rivers in 2016, which also tinted the water red.
Cleanup crews are currently working around Norilsk, but it may take years and over a billion dollars to complete the process. While the local emergency response is important, Arctic ecosystems and communities are already under major stress due to warming temperatures, and it will require global cooperation to protect them from the escalating threats of the climate crisis.
“Climate change is causing permafrost thaw, which is not only causing infrastructure damage but also leading to further emission of greenhouse gases and thus further warming,” Biskaborn said. “To prevent such damage, we need to work on the impact of our industry and lifestyle to the global climate system.”
A Massive Oil Spill in the Arctic Has Turned a River Red syndicated from https://triviaqaweb.wordpress.com/feed/
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Environmental Liability-Related Securities Suit Filed Against 3M
At a time when litigation involving corporate disclosures regarding cybersecurity, privacy, and human resource practices and other hot topics dominate the discussion, potential corporate exposure arising from environmental liabilities and disclosures does not always receive the attention it deserves. However, as I have previously noted on this blog, environmental disclosures can and frequently are the subject of D&O litigation, both in the form of securities class action litigation and shareholder derivative litigation. A new securities suit recently filed against 3M is the latest example of corporate and securities litigation arising from environmental disclosure-related issues. As discussed further below, the 3M complaint is also the latest example of event-driven securities litigation as well.
The 3M Litigation
On July 29, 2019, a plaintiff shareholder filed a securities class action lawsuit in the United States District Court for the District of New Jersey against 3M Corporation and certain of its directors and officers. The complaint purports to be filed on behalf of a class of investors who purchased 3M common stock between February 9, 2017 and May 28, 2019. A copy of the plaintiff’s complaint can be found here.
The gist of the complaint is the plaintiff’s allegation that the defendants engaged in a scheme to defraud investors by issuing false and misleading statements “to conceal the truth about the Company’s exposure to legal liability associated with its most lucrative product offerings: man-made chemicals known as per- and polyfluoroalkyl substances (PFAS).”
PFAS manufactured by 3M are used in a variety of products, including Scotchguard stain protectant, Teflon cookware, Gore-Tex water resistant outdoor gear, greaseproof food paper, and other products. The complaint notes that the same property that makes PFAS effective in consumer products (i.e., that its molecular bonds are so strong) means that PFAS do not break down in the environment, hence the nickname “forever” chemicals.
The timeline of events in plaintiff’s complaint begins in 2010, when the State of Minnesota sued 3M for environmental damage caused in the state. The securities lawsuit complaint alleges that on the eve of trial in the Minnesota lawsuit, 3M settled the suit for $850 million, the third largest natural damage claim settlement in history (behind only the Deepwater Horizon and Exxon Valdez oil spill settlements).
After the settlement of the Minnesota lawsuit, the Minnesota attorney general posted internal 3M emails and memos on a state website, most of which had not previously been published. Several articles based on the information in these documents appeared in a number of publications. The articles suggested that 3M had been aware for years of the toxicity of PFAS and that the company’s public statements and statements in its SEC disclosure documents about the safety of these products contrasted with what company officials were saying internally.
In May 2019, the states of New Jersey and New Hampshire filed their own lawsuits against 3M and other PFAS manufacturers based on environmental and consumer fraud claims.
The securities lawsuit complaint details the statements in the company’s SEC filings with respect to its environmental liabilities generally and with respect to PFAS specifically. The complaint alleges that “while publicly denying that PFAS cause harm to humans and the environment,” the defendants concealed and misrepresented that: “(i) 3M’s vast internal evidence dating back decades confirming that PFAS are toxic (which was first publicly revealed in February 2018 by Minnesota’s Attorney General); (ii) 3M’s decades-long history of suppressing negative information and/or damaging data about PFAS; and (iii) 3M’s legal exposure to state, county, and local governments and individuals around the country as a result of its knowledge and intentional concealment of the toxic harm caused by the use of PFAS.”
The complaint alleges that these misrepresentations and omissions caused 3M’s stock price to trade at artificially inflated prices throughout the Class Period. The complaint alleges that the defendants’ misrepresentations and omissions violated Sections 10(b) and 20(a) of the Exchange Act, and seeks to recover damages on behalf of the plaintiff class.
Discussion
This new lawsuit has only just been filed and it remains to be seen whether or not it will prove to be successful. However, as this new lawsuit illustrates, corporate environmental liabilities and disclosures can lead to director and officer liability exposures. Indeed, this case is just the latest in a series of corporate and securities lawsuits based upon defendant company’s environmental liabilities and disclosures.
This lawsuit is also the latest example of what I have described as event-driven litigation. I used this description to contrast these kinds of lawsuits from the more historically typical securities suit based upon alleged accounting or financial misrepresentations. In an event-driven securities suit, by contrast, the defendant company has suffered some type of setback in its business operations that has triggered a stock-price drop. The plaintiffs in these cases will allege that the defendants failed to disclose the possibility of the setback or the extent of damage a setback of that type might cause.
The prototypical event-driven lawsuit is the investor suit filed by Arconic shareholders in the wake of the Grenfell Tower fire. Other examples are the lawsuits filed against Boeing after the Lion Air and Ethopian Air plane crashes and the lawsuits filed against Marriott after the company announced the significant breach of its Starwood Customer database.
The new lawsuit against 3M differs somewhat from the typical event-driven lawsuit, in that in this case, there is no one single event that triggered the lawsuit. Rather, the culmination of a series of events beginning with the Minnesota lawsuit and settlement; the Minnesota AG posting the internal 3M documents online; the adverse media attention arising from the internal documents; and the most recent state lawsuits against 3M.
But the gist of the lawsuit is that there have been a series of adverse events in the company’s operations that have adversely affect the company’s performance and financial results, and that investors were inadequately informed about the company’s environmental liabilities and regulatory exposures.
The new 3M lawsuit shares many of the arguable shortcomings in common with the other event-driven lawsuits. For example, as is the case in other event-driven suits, the scienter allegations in the new 3M lawsuit arguably are scarce and diffuse. It also seems to me that loss causation may be difficult to establish as well. There is no single stock price drop alleged, and the list of adverse developments that would have affected the company’s stock price during the class period (e.g., the massive settlement with the State of Minnesota) that it could be challenging for the plaintiff to establish that any single corrective disclosure—or even any one of a series of corrective disclosures – and resulting loss was caused by the alleged misrepresentations.
In any event, the occurrence of lawsuits like this one, arising as it does from environmental liabilities and disclosures, has implications for D&O insurance underwriters. Underwriters considering companies whose operations may present environmental concerns will want to review the environmental disclosures in the companies’ periodic reports in order to assess the extent to which the disclosures provide a specific and detailed picture of the company’s environmental compliance circumstances.
Finally, for companies that have environmental liability and regulatory exposures, it clearly is going to be important to ensure that their D&O policy contains no pollution exclusion (as is the case in many current policies, which, rather than including a pollution exclusion simply carve out environmental remediation costs from the definition of covered loss), or, if they have a pollution exclusion, that the exclusion contains a provision carving back coverage for derivative claims and securities suits.
The post Environmental Liability-Related Securities Suit Filed Against 3M appeared first on The D&O Diary.
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Environmental Liability-Related Securities Suit Filed Against 3M
At a time when litigation involving corporate disclosures regarding cybersecurity, privacy, and human resource practices and other hot topics dominate the discussion, potential corporate exposure arising from environmental liabilities and disclosures does not always receive the attention it deserves. However, as I have previously noted on this blog, environmental disclosures can and frequently are the subject of D&O litigation, both in the form of securities class action litigation and shareholder derivative litigation. A new securities suit recently filed against 3M is the latest example of corporate and securities litigation arising from environmental disclosure-related issues. As discussed further below, the 3M complaint is also the latest example of event-driven securities litigation as well.
The 3M Litigation
On July 29, 2019, a plaintiff shareholder filed a securities class action lawsuit in the United States District Court for the District of New Jersey against 3M Corporation and certain of its directors and officers. The complaint purports to be filed on behalf of a class of investors who purchased 3M common stock between February 9, 2017 and May 28, 2019. A copy of the plaintiff’s complaint can be found here.
The gist of the complaint is the plaintiff’s allegation that the defendants engaged in a scheme to defraud investors by issuing false and misleading statements “to conceal the truth about the Company’s exposure to legal liability associated with its most lucrative product offerings: man-made chemicals known as per- and polyfluoroalkyl substances (PFAS).”
PFAS manufactured by 3M are used in a variety of products, including Scotchguard stain protectant, Teflon cookware, Gore-Tex water resistant outdoor gear, greaseproof food paper, and other products. The complaint notes that the same property that makes PFAS effective in consumer products (i.e., that its molecular bonds are so strong) means that PFAS do not break down in the environment, hence the nickname “forever” chemicals.
The timeline of events in plaintiff’s complaint begins in 2010, when the State of Minnesota sued 3M for environmental damage caused in the state. The securities lawsuit complaint alleges that on the eve of trial in the Minnesota lawsuit, 3M settled the suit for $850 million, the third largest natural damage claim settlement in history (behind only the Deepwater Horizon and Exxon Valdez oil spill settlements).
After the settlement of the Minnesota lawsuit, the Minnesota attorney general posted internal 3M emails and memos on a state website, most of which had not previously been published. Several articles based on the information in these documents appeared in a number of publications. The articles suggested that 3M had been aware for years of the toxicity of PFAS and that the company’s public statements and statements in its SEC disclosure documents about the safety of these products contrasted with what company officials were saying internally.
In May 2019, the states of New Jersey and New Hampshire filed their own lawsuits against 3M and other PFAS manufacturers based on environmental and consumer fraud claims.
The securities lawsuit complaint details the statements in the company’s SEC filings with respect to its environmental liabilities generally and with respect to PFAS specifically. The complaint alleges that “while publicly denying that PFAS cause harm to humans and the environment,” the defendants concealed and misrepresented that: “(i) 3M’s vast internal evidence dating back decades confirming that PFAS are toxic (which was first publicly revealed in February 2018 by Minnesota’s Attorney General); (ii) 3M’s decades-long history of suppressing negative information and/or damaging data about PFAS; and (iii) 3M’s legal exposure to state, county, and local governments and individuals around the country as a result of its knowledge and intentional concealment of the toxic harm caused by the use of PFAS.”
The complaint alleges that these misrepresentations and omissions caused 3M’s stock price to trade at artificially inflated prices throughout the Class Period. The complaint alleges that the defendants’ misrepresentations and omissions violated Sections 10(b) and 20(a) of the Exchange Act, and seeks to recover damages on behalf of the plaintiff class.
Discussion
This new lawsuit has only just been filed and it remains to be seen whether or not it will prove to be successful. However, as this new lawsuit illustrates, corporate environmental liabilities and disclosures can lead to director and officer liability exposures. Indeed, this case is just the latest in a series of corporate and securities lawsuits based upon defendant company’s environmental liabilities and disclosures.
This lawsuit is also the latest example of what I have described as event-driven litigation. I used this description to contrast these kinds of lawsuits from the more historically typical securities suit based upon alleged accounting or financial misrepresentations. In an event-driven securities suit, by contrast, the defendant company has suffered some type of setback in its business operations that has triggered a stock-price drop. The plaintiffs in these cases will allege that the defendants failed to disclose the possibility of the setback or the extent of damage a setback of that type might cause.
The prototypical event-driven lawsuit is the investor suit filed by Arconic shareholders in the wake of the Grenfell Tower fire. Other examples are the lawsuits filed against Boeing after the Lion Air and Ethopian Air plane crashes and the lawsuits filed against Marriott after the company announced the significant breach of its Starwood Customer database.
The new lawsuit against 3M differs somewhat from the typical event-driven lawsuit, in that in this case, there is no one single event that triggered the lawsuit. Rather, the culmination of a series of events beginning with the Minnesota lawsuit and settlement; the Minnesota AG posting the internal 3M documents online; the adverse media attention arising from the internal documents; and the most recent state lawsuits against 3M.
But the gist of the lawsuit is that there have been a series of adverse events in the company’s operations that have adversely affect the company’s performance and financial results, and that investors were inadequately informed about the company’s environmental liabilities and regulatory exposures.
The new 3M lawsuit shares many of the arguable shortcomings in common with the other event-driven lawsuits. For example, as is the case in other event-driven suits, the scienter allegations in the new 3M lawsuit arguably are scarce and diffuse. It also seems to me that loss causation may be difficult to establish as well. There is no single stock price drop alleged, and the list of adverse developments that would have affected the company’s stock price during the class period (e.g., the massive settlement with the State of Minnesota) that it could be challenging for the plaintiff to establish that any single corrective disclosure—or even any one of a series of corrective disclosures – and resulting loss was caused by the alleged misrepresentations.
In any event, the occurrence of lawsuits like this one, arising as it does from environmental liabilities and disclosures, has implications for D&O insurance underwriters. Underwriters considering companies whose operations may present environmental concerns will want to review the environmental disclosures in the companies’ periodic reports in order to assess the extent to which the disclosures provide a specific and detailed picture of the company’s environmental compliance circumstances.
Finally, for companies that have environmental liability and regulatory exposures, it clearly is going to be important to ensure that their D&O policy contains no pollution exclusion (as is the case in many current policies, which, rather than including a pollution exclusion simply carve out environmental remediation costs from the definition of covered loss), or, if they have a pollution exclusion, that the exclusion contains a provision carving back coverage for derivative claims and securities suits.
The post Environmental Liability-Related Securities Suit Filed Against 3M appeared first on The D&O Diary.
Environmental Liability-Related Securities Suit Filed Against 3M syndicated from https://ronenkurzfeldweb.wordpress.com/
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Environmental Liability-Related Securities Suit Filed Against 3M
At a time when litigation involving corporate disclosures regarding cybersecurity, privacy, and human resource practices and other hot topics dominate the discussion, potential corporate exposure arising from environmental liabilities and disclosures does not always receive the attention it deserves. However, as I have previously noted on this blog, environmental disclosures can and frequently are the subject of D&O litigation, both in the form of securities class action litigation and shareholder derivative litigation. A new securities suit recently filed against 3M is the latest example of corporate and securities litigation arising from environmental disclosure-related issues. As discussed further below, the 3M complaint is also the latest example of event-driven securities litigation as well.
The 3M Litigation
On July 29, 2019, a plaintiff shareholder filed a securities class action lawsuit in the United States District Court for the District of New Jersey against 3M Corporation and certain of its directors and officers. The complaint purports to be filed on behalf of a class of investors who purchased 3M common stock between February 9, 2017 and May 28, 2019. A copy of the plaintiff’s complaint can be found here.
The gist of the complaint is the plaintiff’s allegation that the defendants engaged in a scheme to defraud investors by issuing false and misleading statements “to conceal the truth about the Company’s exposure to legal liability associated with its most lucrative product offerings: man-made chemicals known as per- and polyfluoroalkyl substances (PFAS).”
PFAS manufactured by 3M are used in a variety of products, including Scotchguard stain protectant, Teflon cookware, Gore-Tex water resistant outdoor gear, greaseproof food paper, and other products. The complaint notes that the same property that makes PFAS effective in consumer products (i.e., that its molecular bonds are so strong) means that PFAS do not break down in the environment, hence the nickname “forever” chemicals.
The timeline of events in plaintiff’s complaint begins in 2010, when the State of Minnesota sued 3M for environmental damage caused in the state. The securities lawsuit complaint alleges that on the eve of trial in the Minnesota lawsuit, 3M settled the suit for $850 million, the third largest natural damage claim settlement in history (behind only the Deepwater Horizon and Exxon Valdez oil spill settlements).
After the settlement of the Minnesota lawsuit, the Minnesota attorney general posted internal 3M emails and memos on a state website, most of which had not previously been published. Several articles based on the information in these documents appeared in a number of publications. The articles suggested that 3M had been aware for years of the toxicity of PFAS and that the company’s public statements and statements in its SEC disclosure documents about the safety of these products contrasted with what company officials were saying internally.
In May 2019, the states of New Jersey and New Hampshire filed their own lawsuits against 3M and other PFAS manufacturers based on environmental and consumer fraud claims.
The securities lawsuit complaint details the statements in the company’s SEC filings with respect to its environmental liabilities generally and with respect to PFAS specifically. The complaint alleges that “while publicly denying that PFAS cause harm to humans and the environment,” the defendants concealed and misrepresented that: “(i) 3M’s vast internal evidence dating back decades confirming that PFAS are toxic (which was first publicly revealed in February 2018 by Minnesota’s Attorney General); (ii) 3M’s decades-long history of suppressing negative information and/or damaging data about PFAS; and (iii) 3M’s legal exposure to state, county, and local governments and individuals around the country as a result of its knowledge and intentional concealment of the toxic harm caused by the use of PFAS.”
The complaint alleges that these misrepresentations and omissions caused 3M’s stock price to trade at artificially inflated prices throughout the Class Period. The complaint alleges that the defendants’ misrepresentations and omissions violated Sections 10(b) and 20(a) of the Exchange Act, and seeks to recover damages on behalf of the plaintiff class.
Discussion
This new lawsuit has only just been filed and it remains to be seen whether or not it will prove to be successful. However, as this new lawsuit illustrates, corporate environmental liabilities and disclosures can lead to director and officer liability exposures. Indeed, this case is just the latest in a series of corporate and securities lawsuits based upon defendant company’s environmental liabilities and disclosures.
This lawsuit is also the latest example of what I have described as event-driven litigation. I used this description to contrast these kinds of lawsuits from the more historically typical securities suit based upon alleged accounting or financial misrepresentations. In an event-driven securities suit, by contrast, the defendant company has suffered some type of setback in its business operations that has triggered a stock-price drop. The plaintiffs in these cases will allege that the defendants failed to disclose the possibility of the setback or the extent of damage a setback of that type might cause.
The prototypical event-driven lawsuit is the investor suit filed by Arconic shareholders in the wake of the Grenfell Tower fire. Other examples are the lawsuits filed against Boeing after the Lion Air and Ethopian Air plane crashes and the lawsuits filed against Marriott after the company announced the significant breach of its Starwood Customer database.
The new lawsuit against 3M differs somewhat from the typical event-driven lawsuit, in that in this case, there is no one single event that triggered the lawsuit. Rather, the culmination of a series of events beginning with the Minnesota lawsuit and settlement; the Minnesota AG posting the internal 3M documents online; the adverse media attention arising from the internal documents; and the most recent state lawsuits against 3M.
But the gist of the lawsuit is that there have been a series of adverse events in the company’s operations that have adversely affect the company’s performance and financial results, and that investors were inadequately informed about the company’s environmental liabilities and regulatory exposures.
The new 3M lawsuit shares many of the arguable shortcomings in common with the other event-driven lawsuits. For example, as is the case in other event-driven suits, the scienter allegations in the new 3M lawsuit arguably are scarce and diffuse. It also seems to me that loss causation may be difficult to establish as well. There is no single stock price drop alleged, and the list of adverse developments that would have affected the company’s stock price during the class period (e.g., the massive settlement with the State of Minnesota) that it could be challenging for the plaintiff to establish that any single corrective disclosure—or even any one of a series of corrective disclosures – and resulting loss was caused by the alleged misrepresentations.
In any event, the occurrence of lawsuits like this one, arising as it does from environmental liabilities and disclosures, has implications for D&O insurance underwriters. Underwriters considering companies whose operations may present environmental concerns will want to review the environmental disclosures in the companies’ periodic reports in order to assess the extent to which the disclosures provide a specific and detailed picture of the company’s environmental compliance circumstances.
Finally, for companies that have environmental liability and regulatory exposures, it clearly is going to be important to ensure that their D&O policy contains no pollution exclusion (as is the case in many current policies, which, rather than including a pollution exclusion simply carve out environmental remediation costs from the definition of covered loss), or, if they have a pollution exclusion, that the exclusion contains a provision carving back coverage for derivative claims and securities suits.
The post Environmental Liability-Related Securities Suit Filed Against 3M appeared first on The D&O Diary.
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The Exxon Valdez Oil Spill Incident
Exxon Valdez oil spill was one of the worst accidents involving ocean oil spill. Today, we will uncover the true story behind it.
The indispensability of oil in our day to day lives is unquestionable. The number of industries that are heavily reliant on oil as its source of fuel is vast. But what comes as a blessing, if not handled properly this blessing can turn into a bane.
Over the years with its increased usage it has become a threat to the environment. This is especially due to the improper and careless handling of oil over waterways and accidental spillage. This causes severe distress to the marine life of the region and its nearby areas.
It is important to know that every ecosystem is interconnected. So, when one is disturbed, consequentially the balance in the other ecosystems is disturbed too.
It has been calculated that as much as a few million gallons of oil has been spilled into the oceans, over a period of two centuries, owing to careless handling of oil tankers and rigs. If we take into account the last fifty years or so, the Exxon Valdez Oil Spill is one of the most notorious incidents in the history of oil spillage accidents. Thousands of species were killed when 11 million gallons of oil was released into the Gulf of Alaska. Because of the type of oil that was spilled, it is estimated that the residue of the Exxon Valdez oil spill would be visible on the coast for thirty years.
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What actually happened?
Various investigations were carried out to finally uncover the whole truth of the incident. On March 4, 1989, the oil tanker Exxon Valdez struck the Bligh Reef in the Prince William Sound region of Alaska. The tanker was under the command of Captain Joseph Hazelwood, who was allegedly drunk and was fast asleep in his bunk when the accident occurred. The tanker, loaded with roughly 54 million gallons oil, slammed into the reef at around 12 am local time. In the process, 10.8 million gallons of oil was released into the waters of Prince William Sound. The captain had handed over the ship’s control to the ship’s Third Mate who, unfortunately, failed to maneuver the vessel properly. The tanker collided with the reef causing the hull of the vessel to be torn open.
We cannot fully blame the Third Man for this tragedy. Exxon Valdez, then owned by Exxon Shipping Company, was en route to Long Beach, California from the Valdez Marine Terminal. The route was being taken was known to cause a navigational hazard. Hazelwood, in an attempt to avoid icebergs, had altered the ship’s course. The radar was broken and had been so for more than a year. Hence the Third Mate was unable to control the vessel and ended up colliding with the reef.
Moreover, he was sleep deprived and unqualified for the job. So, it was not the most intelligent thing to do on the captain’s part to give him the job, not that he could have done any better himself, knowing the condition he was in.
There were several other factors that somehow played a part in this tragic incident, which happens to be the second major oil spill in the US territory after the Deepwater Horizon Oil spill. Like many other shipping companies, Exxon too was not following the correct measures as well as taking a route that was not recommended, because of the danger that lay in the path.
Several investigations were carried on and after a year of trial, Hazelwood was finally convicted. He was charged with misdemeanor negligence and the allegations of being drunk during the voyage were removed. He had to pay a fine of $50,000 and serve 1000 hours of community service.
Exon Mobil too charted out a clause in order to prevent further marine accidents like the Exxon Valdez. Strict orders regarding the prescribed shipping routes and lanes were given that were to be followed then onwards. Iceberg monitoring devices were also installed.
Exxon Valdez Cleanup
Impact of Exxon Valdez Oil Spill
As if carelessness in operating the ship and mishandling of the cargo was not enough, there are reports that suggest that there was a delay in the initiation of the clean-up process as well. As a result, despite the accident occurring in the non-continuous coast of Alaska, the impact was much more than what it should have been. 10.8 million gallons of oil was released into the waters of Prince William Sound as 8 of the 11 cargo tanks ruptured when the ship collided with the reef. 250,000 crude oil barrels spread over 1,300 miles of coastline leading to large-scale contamination. Within days the oil spread so fast that it was no longer containable.
As it is global warming was causing problems to the different species across the world, especially those in the cold regions, the oil spill only made things worse. As we already know the disturbance caused to one ecosystem disrupts the balance in all other ecosystems as well because they are all inter-dependent. 2,800 sea otters, up to 300 harbor seals, 250 bald eagles, and at least 22 killer whales died due to human negligence in this major accident.
A countless number of herrings and salmon were also killed. Along with that 250,000 sea birds died. To bring the situation under control, a ban on commercial fishing of some variety of shrimp and salmon was imposed.
The fisheries for crab, herring, rockfish, salmon, and shrimp etc. were also closed in the area. Though this caused the fishing industry and the lives of people associated with it were affected drastically, this was a price that had to be paid.
Recreational fishing was a popular thing in the adjacent areas of Prince William Sound. The entire business was hampered because of the oil spill and its penetration into the waters. This caused the industry to take a hit that summed up to $580 million. Tourism too was also affected, resulting in a record low for almost a year. 26,000 jobs were lost. In short, the oil spill burned $2.4 billion dollars’ worth of business.
All this was just the immediate consequence. The impact that the incident left was long-term. The ecosystem once having been disturbed never got back to the previous state. Exxon Mobil, the owner of the Exxon Valdez was responsible enough to contribute a great deal in the clean-up process along the US Coast Guard, but the damage that it had already caused was not easily repairable. In spite of the fact that years have passed since the incident took place the region has not yet fully recovered from the impact of the oil spill.
The beaches in Alaska are still clogged by the oil discharge of the Exxon Valdez. Since the incident caused a total collapse of the fishing industry the people whose lives were dependent on fishing totally changed. Unemployment led to trauma and broken families that they are yet to recover from. They have succumbed to depression and consequentially alcoholism.
The Clean-up Process
It is a relief to know that the clean-up operation that was carried out was a great success. This is largely due to the fact that the US government acted promptly and so did the owner of the tanker, Exxon Mobil. A total sum of more than $3.8 billion was spent for the clean-up operations as well as for the compensation of the families, especially fishermen whose livelihood was affected by this incident. Over 11,000 personnel were employed, and 58 air crafts and 1,400 vessels were used to clear the contaminated region. The entire operation took around three years (1989-1992). Even now the process has not fully stopped as the coastlines are still continuously monitored in case it showed some late side effects.
The entire clean-up process was a complicated one that involved the relocation of many of the marine species to safeguard them until the waters were clean enough to be inhabitable. They were returned once the waters were thought to be safe for them. Other methods included oil burning, mechanical cleaning, and the use of chemical dispersant to mitigate the impact of the oil spill.
Despite all the effort total decontamination has not been possible largely owing to the fact that the oil had penetrated deep into the waters and clearing such an enormous amount is practically impossible. The surface oil has been cleaned up as much as possible. But the sub-surface oil still remains. Though it is said that the sub-surface oil is inert in terms of harming the marine life that is far from the truth. The poisonous content can prove to be lethal to the underwater flora and fauna. Currently, about 20 acres of the Alaskan coastline is still contaminated by this sub-surface oil.
The accident caused the company to get involved in a number of legal battles with not just the federal government but also the fishermen’s union of Alaska. A demand of $5 billion was made to the company as compensation because of the damages that had been caused. However, that amount was reduced to $507 million by the U.S. Supreme Court after several appeals.
We are still suffering the consequences of human negligence that caused an accident decade ago and there is no guarantee that this will change in the near future. Still, the efforts put into the righting the wrong by the concerned parties are commendable. Had they not acted the way they did the oil spill could have caused far more dangerous and devastating consequences. We can only hope that a lesson has been learned and that the ship companies would be more careful and alert now on so as to prevent a repetition of the Exxon Valdez Oil Spill in the future.
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Most eco-friendly lawn mowers
So, you want to be more environmentally friendly? Ever think about the fact that your gas lawn mower generates carbon monoxide and your electric lawn mower requires carbon to be generated in the creation of electricity. What if you could mow your lawn without generating any carbon footprint and get exercise at the same time? Old school push reel mowers are the answer for eco friendly lawn mowers.
Yes, whether you call them push reel mowers , push mowers, old fashioned mowers, or just manual mowers, they are making a big comeback for the eco conscience home owner. Consider some of the benefits these push reel mowers provide.
They’re Green. Gas powered lawn mowers are a major contributor to emissions. The engines on most gas mowers are very basic and contribute to pollution. Once a push reel mower is manufactured, the pollution it produces is gone. Push reel mowers provide clean pollution free mowing. (they also produce low noise pollution)
They’re Economical. I never thought mowing my lawn was an expensive task, until gas hit $4 a gallon. I used to be able to fill my gas can with pocket change, now I use my credit card. Push reel mowers run on a renewable resource, you! Push reel mowers are available under $100 and need very little maintenance and always start on the firs pull or, push if you will.
They give a free workout. We have spent so many years trying to make things easier for ourselves that we now have it to easy and have to pay to get a good work out. Push reel mowers will give you a nice low impact work out at your own pace.
Your lawn will love it. A good sharp reel mower will leave your lawn in beautiful shape. If you wear your old steel golf spikes, you will can aerate your lawn at the same. Speaking of golf, many golf courses use a form of a reel mower to keep their grass in top shape.
Below are 5 areas where a reel mower is not the best solution for everyone
Yard Size. Most push reel mowers can cover up to 2500 square feet without too much trouble. If your yard is much larger than that, you may want to consider a powered mower, and perhaps even one that’s self-propelled or a riding mower.
How often You Mow. If you mow less than once every 2 weeks, then your lawn will be taller than what’s manageable with a reel mower; especially in the late-Spring and early-Summer time. Most reel mowers can handle up to 2″ fairly well; some can even handle as high as 3″ or more. If you routinely wait until your grass is higher than 2″ you could be making more work for yourself with a push reel mower.
Yard layout. If your yard is on a hilly terrain then it’s even more work to go back up the hill on each pass. One way to mitigate this layout would be to cut horizontally instead of vertically, so you don’t have to go up the hill each time, just across it.
Trees. If you have trees in your yard whose branches cover most of the yard, you may have quite a few fallen twigs, sticks and branches to contend with. That would mean adding the extra work of picking up as many sticks as possible before you begin cutting. Whereas powered mowers can cut through most twigs and small sticks easily; those items will quickly stop a reel mower in it’s tracks. Which would add to the total cutting time because you would have to clean the debris from the blades each time they got stuck.
Weather conditions. If your grass is wet, it will make cutting a bit more difficult. Depending on just how wet the lawn is, the wheels could simply slide across the grass which would not allow the blades to rotate properly.
Still searching for the most friendly eco-friendly lawn mowers? Check out our recommendations below:
GreenWorks 25052 16-Inch Reel Lawn Mower
We’ll say it again – our whole production will never launch ounces of carbon as exhaust into the air. 4 Season Assurance – Dual Conventional. When looking for garden resources, we know you’re considering about high quality. You’re looking for something that will get the job done and get you returning to relaxing on the weekends. That’s why GreenWorks supports every device with a full four-year warranty – we know our items carry out at the biggest level and will always be efficient. GreenWorks the best high quality goods are produced to last. That’s why we back again our products with a guarantee that’s twice the industry standard. We’ll provide all the power you need without damaging the air or pushing you to keep transporting your gas can to the closest place (especially in the middle of a job). No more tune-ups or servicing. No more pollutants. Fifty-four thousand People in the U.S. mow their lawn every weekend, according to the EPA, using 800 thousand gallons of gas annually. Along the way, property owners leak more than 17 thousand gallons of gas while refueling. That’s equal to the 1989 Exxon Valdez catastrophe. You are going to shift beyond awkward, dangerous gas-powered lawnmowers. It’s here we are at GreenWorks to be your garden resources for life.
American Lawn Mower 1304-14 14-Inch 5-Blade Push Reel Lawn Mower
American Lawnmowers reel mowers offer real advantages. All it takes to start a reel mower is a little manual force. There’s no cable to pull. No key to remember. No engine also indicates low maintenance. No gas, oil or ignition connects to blunder with. No running to the gas station or shop to get supplies or parts. This American reel lawn mower is simple and ready to operate when you are. You push, it cuts. Whenever.
American reel lawnmowers don’t have engines which indicates they don’t produce pollutants or create disturbance. Just the clean, silent cut of the reel mower. Mow your lawn without disrupting the serenity in the area. The only sound a reel mower will create is a fulfilling silent cut as the mower reduces the height of lawn. American lawnmowers are light and portable and simple to advance. Due to do convenience of reel lawnmowers they perform every efforts and are simple to service. Pushing a reel mower is a healthy solution for you and your lawn.
Specs:
14-inch cutting size,;
5 knife reel, with heat treated blades to stay sharp longer;
durable 10-inch blend wheels;
Height flexible from 1-inch to 1-3/4-inch;
Lightweight and simple to maneuver .
Scotts 2000-20 20-Inch Classic Push Reel Lawn Mower
This traditional Scotts push reel lawn mower gives you the fuel savings of a manual mower and the extensive cutting dimensions of a powered mower. Its unique back wheel design helps move and improve ability to maneuver in tight spots.
Drive Force, Engine None,
Cutting Size in. 1-3,
Knife Type 5-blade, 5-spider football shaped reel with full bearing movement,
Rear Wheel Size in. 6 wheels,
Cutting Width in. 20, Dimensions L x W x H in. 28 x 18 x 11,
Front Wheel Size 20in
Rear Wheel Size. 9in.
9-position QuickSnap height adjusters for easy-to-use reducing options
Cutting dimension comes close to a powered mower along with 1in.-3in. height range, which is unheard of in other push reel mowers
5-blade football bearing reel has the optimal number of rotor blades for simplicity of use and superior reducing.
Resilient heat-treated rotor blades Welded reel bonnet defends low plants and vegetation. Comfortable cycle handle with foam grip
This unit is Light, maneuverable, economical. The Scotts 2000-20 Classic push reel lawn mower manages dense yards without difficulty and provides a quiet, pollution-free solution for any lawn. The mower’s double monitoring wheels and ultra-sharp steel rotor blades make easy, accurate cutting and efficient function. Powered by you, the mower has an extensive cutting path for a push reel mower and quick-snap height adjusters that keep you in complete control of your lawn height.
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reklamówki z logo - zamów
Popular Printing Methods Used In The Promotional Products Industry
reklamówki z logo - zamów
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