Southern favorite

first_imgPlant heavy, thin laterRutabagas can be planted in rows 14 to 18 inches apart. Soil should be worked well to form a good seedbed and fertilizer incorporated thoroughly. Seed should be planted half an inch deep with about 4 inches between plants. “Your initial seeding can be closer and then the plants can be thinned to a stand of 4 inches between plants,” Kelley said.Rutabagas require an abundant supply of moisture to insure best yields and highest quality. Most soils will require 1.5 inches of water every 7 to 10 days.Rutabagas are harvested when roots are 4 or 5 inches in diameter. The roots should be topped, washed free of soil and dried quickly. To top, remove the leaves from the fleshy root. As far as good eats go, the rutabaga ranks up there with the collard green and black-eyed pea to most Southerners. If you like the tuberous treat, now is the time to plant it, says a University of Georgia horticulturist.“Similar to turnips, rutabagas are often called table turnips in Northern areas and Canada,” said Terry Kelley, a horticulturist with the UGA College of Agricultural and Environmental Sciences. “The roots are often longer than turnips and have a thick, leafy neck.”It can be grown in both spring and fall. But it has its best root growth during cool weather, around the 60 F to 65 F range, he said, but can take temperatures as low as 40 F. Two varieties best for GeorgiaThe most popular varieties grown in Georgia are the American Purple Top and the Laurentian. American Purple Top has a deep purple crown, a globe-shaped root, yellow flesh and is yellow below the crown. The leaves of this variety are blue-green. The root grows 5 to 6 inches in diameter and takes 90 days to mature.Laurentian has a purple crown, a globe-shaped root, yellow flesh and is light yellow below the crown. The leaves of this variety are medium blue-green. The root can grow to 5 and a half inches in diameter and takes 90 days to mature.Plant deep and before frostRutabagas should be seeded 10 to 12 weeks before a heavy frost, he said. North Georgians should set plants by Sept. 15, he said. South Georgians have until Oct. 1 to get their plants set.The root crop grows best in moderately deep, highly fertile, well-drained soil with a pH 6.2 to 6.8. A general recommendation for rutabagas is two to five pounds of 10-10-10 fertilizer per 100 square feet, he said. Lower rates should be used on heavier or sandier soils. “To determine whether you need to fertilize, you should first have your soil tested through your local UGA Cooperative Extension office,” Kelley said. “Fertilizer applications should be based on the soil test’s recommendations.”Once you have determined your fertilizer rate, apply half at planting and half four weeks later, he said.last_img read more

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New center at Champlain College named for S.D. Ireland Family

first_imgAt a dedication event held on campus on September 17, Champlain College announced its newest academic facility will be named after the S.D. Ireland family, owner of S.D. Ireland Concrete Construction Corp. of Burlington, Vt. The $10 million, state-of-the-art building will be called The S.D. Ireland Family Center for Global Business and Technology.At the center of a major gift to the College are Shelburne, Vt., residents Scott D. Ireland and his wife Kimberly (Wilson) Ireland, who is a 1985 graduate of Champlain College. They were joined by their three children S. Dylan, Shea and Sophie, parents Margaret and Stuart D. Ireland, and brother Stephen D. Ireland at the dedication of the new facility.With three young children, we have a strong interest in education, said Scott D. Ireland. We also like to be associated with cutting-edge initiatives-thats why we wanted to support Champlain College.The Irelands gift of an undisclosed amount, per the wishes of the family, helps fund an academic center that enhances Champlains ability to put students to work on real business and technology projects. The facility includes a market research and strategy room, international business resource center and focus group room, as well as multimedia suites, faculty offices, computer classrooms, and conference rooms.We are so pleased with the Ireland familys generous gift, said Champlain President Dr. Roger H. Perry. Its vitally important to have local support, and were grateful that the Irelands have invested in the future of our institution, which is linked so tightly to Vermont businesses and families.The two organizations share a common goal of creating strong foundations. While Champlain provides solid educational and career footing for many Vermonters, the Irelands have been creating the foundations upon which thousands of family homes and businesses are built, Perry said.This gift brings Champlains Power of Three capital campaign to within $500,000 of its $12 million goal. The campaign supports the construction of three new buildings totaling $31 million: the Center for Global Business and Technology, the Student Life Complex, and the Main Street Suites and Conference Center.We like to support local endeavors, said Kimberly Ireland. Ive seen a wonderful transformation at Champlain College, and I value the professional education I received at the College. The Ireland family has also been supporting cancer research at the University of Vermont College of Medicine. In 1999, they made a $2 million donation to create an endowed professorship at the college. Theyve also created the S.D. Ireland Cancer Research Fund to directly fund the work of UVM cancer researcher Dr. David Krag. Scott D. Ireland has been fighting skin cancer since 1990.S.D. Ireland Concrete Construction is a true family business, encompassing several members of the Ireland family over the years. The company was founded by Stuart D. Ireland in 1972, and his wife Margaret has worked as the treasurer for the business. Their sons Scott D. and Stephen D. Ireland now run the company as president and vice president, respectively, and their daughter Sherrill has also worked in the business. Scotts wife Kimberly has performed human resources and accounting functions in the office, as well, and their three young children are regular visitors to the Grove Street headquarters in Burlington.Stuart D. and Margaret Ireland moved from Rhode Island to Stowe, Vt., in the mid-1960s, where they built and operated the Town & Country Motor Lodge. Stuart developed a residential building company, bought property in Burlington from a defunct concrete company, and set up new concrete batch mixing equipment.S.D. Irelands commercial building business increased as the two sons grew up working in the family business. In fact, the foundation of Champlains Center for Global Business and Technology is made of S.D. Ireland concrete.The company earned a Bronze Award for Best Commercial Development in 2003 from the Home Builders and Remodelers Association of Northern Vermont (HBRA) for their work on the Interstate 89 rest stops in Williston, Vt. In addition, Stuart D. Ireland was honored with the 2000 HBRA Lifetime Achievement Award for a lifetime of dedication to the building profession.last_img read more

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Mount Snow Completes Sale of Haystack

first_imgMount Snow Completes Sale of HaystackMOUNT SNOW, VERMONT – June 30, 2005 – Mount Snow Ltd. has announced thatit has completed the sale of Haystack Ski Resort in Wilmington, Vermont toagroup of local businesspersons known collectively as Tyringham Ridge.This is great news for community residents and businesses, said StanHansen, President and Managing Director of Mount Snow Ltd. Were hopingthat this investment triggers further investment within our Valley.Entered into on March 30, the Purchase and Sale Agreement provided for a$5,000,000 purchase price and included a two year right of first refusaloncertain non-operational lands owned by Mount Snow.This transaction allows us to fully concentrate our efforts on MountSnow,while encouraging Haystack to realize its full potential, commentedHansen.The synergy were working towards achieving is exciting.Under the terms of the agreement, Mount Snow Ltd. will continue to drawwater from sources at Haystack.Proceeds to Mount Snow Ltd. and American Skiing Company from the sale ofHaystack are expected to be used for additional liquidity, to fundcapitalexpenditures and reduce senior debt, each as permitted under AmericanSkiingCompanys senior credit facilities.###last_img read more

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5 Favorite Trailheads Accessible Without a Vehicle

first_imgIn the age of Uber, it’s easier than ever to get around without your own set of wheels, but reaching some far-flung outdoor destinations still presents a challenge for carless adventurers. With a little research and creativity, however, you can still get out and about. Check out these options for a few regional public lands you can visit without a car.WEST VIRGINIA  |  Harpers Ferry National Historical ParkIt’s no coincidence that this town at the intersection of two rivers also serves as a crossroads of transportation, which makes it super simple to access. Each day, Amtrak’s Capitol Limited route stops at the Harpers Ferry station en route from Washington, D.C. and Chicago, and the train offers walk-on bike service as well as educational opportunities about the region’s natural and cultural heritage through the National Park Service’s Trails & Rails program. On weekdays, the MARC Train’s Brunswick Line stops in Harpers Ferry as it travels between D.C and Martinsburg, West Virginia. A park shuttle bus connects the Lower Town with the park’s Visitor Center. A short walk from these access points will connect you to multiple trails (including the Appalachian Trail) as well as adventure guide companies that offer rafting, tubing, kayaking, zip lining, and mountain biking.MARYLAND  |  Assateague State Park and Assateague Island National SeashoreGreyhound offers bus service to Ocean City, Maryland, and a short Uber or taxi ride from there gets you to either Assateague State Park or Assateague Island National Seashore. Both sections of the island offer campsites, swimming beaches, crabbing and fishing sites, nature trails, and feral horses meander throughout. Consider renting a bike in Ocean City (they’re an expensive hassle to transport by Greyhound) so you can explore more of the island.VIRGINIA  |  The Blue Ridge Parkway and Roanoke’s Mill Mountain Park and Explore ParkRoanoke’s greenways and its placement along the Blue Ridge Parkway make the city an ideal starting point for a variety of outdoor adventures, and since both Amtrak and Greyhound offer bus service to Roanoke, it’s a great option for a weekend getaway from urban centers throughout the region. Several bike shops in town offer rentals, and walkers and bikers alike can take the Mill Mountain Greenway from downtown Roanoke to Mill Mountain Park, which features the city’s iconic star. This 568-acre regional park also offers 10 miles of multiuse trails, a zoo, a wildflower garden, a playground, picnic sites, a discovery center, two overlooks that provide spectacular views of the city.The Roanoke River Greenway hugs the river on the south side of the city and terminates before it reaches Explore Park, but by continuing along neighborhood streets in the city’s Rosewood Park neighborhood, visitors can access Explore Park’s 1,100 acres, 14 miles of trails, and Blue Ridge Parkway Visitor’s Center. The park is located at milepost 115 on the Blue Ridge Parkway, which dedicated cyclists can also access from downtown Roanoke via virtually any major road heading east or south out of the city.SOUTH CAROLINA  |  Sesquicentennial State ParkAmtrak serves downtown Columbia, and citybound nature seekers can then walk a few short blocks to catch the city’s Comet 55x bus toward Sesquicentennial State Park. The bus stops at Wal-Mart on Columbia’s Two Notch Road, and parkgoers can then walk or catch a taxi/Uber for the last two miles into the heart of the park. Sesquicentennial sprawls for more than 1,400 acres under the canopy of a pine forest and features 84 campsites, 12 miles of hiking trails, a six-mile bike loop, a dog park (although dogs are not permitted on Columbia city buses), a sand volleyball court, a softball field, two playgrounds, geocaches, and picnic shelters. Additionally, the park offers kayaks, canoes, fishing boats, pedal boats and stand-up paddleboards for rent.GEORGIA  |  Chattahoochee River National Recreation AreaThe Chattahoochee River meanders just a few miles north and west of downtown Atlanta, creating plenty of access points, but watercraft rentals and shuttles take a bit more planning. Greyhound and Amtrak both have stations in downtown Atlanta, and once there, river runners can take the MARTA’s Red Line train to North Springs, then transfer to Bus 85 and get off at the first stop (Dunwoody Place). From there, a 20-minute walk will get you to Shoot the Hooch, an outfitter and guiding company that offers half- and full-day rentals and guided trips to get you rafting, tubing, kayaking, canoeing, or stand-up paddleboarding on the Chattahoochee.last_img read more

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Betrayal and Strategy Enabled FARC Leader’s Death in Colombia

first_img Betrayal by some of his trusted men, attracted by millions in reward money, and intelligence work with high-tech equipment were decisive in the success of the operation in which the military chief of the Colombian FARC guerrilla group died. Colombian defense minister Rodrigo Rivera said on 24 September that the death of Jorge Briceño Suárez, better known as “El Mono Jojoy,” demonstrates that the leftist Revolutionary Armed Forces of Colombia (FARC) are crumbling from within. “Jojoy was handed over by his people,” affirmed Rivera, who insisted that the guerrilla group is suffering a process of disintegration due to its fighters’ weariness in the face of pressure from the armed forces and their poor living conditions in the middle of the jungle, including ill-treatment by their commanders. The death of “El Mono Jojoy” during “Operation Sodom,” as it was named, is considered by President Juan Manuel Santos’s administration to be the heaviest blow struck against the FARC in their entire history. Around four hundred military personnel supported by 25 helicopters and 30 airplanes participated in the operation, which began Wednesday with a bombardment of the guerrilla leader’s camp in the middle of the jungle, in a rural area of the municipality of La Macarena, in the department of El Meta, around 250 kilometers southeast of Bogotá. The Colombian government was offering a reward of 2.7 million dollars for information that would enable the location of the rebel leader, considered by the armed forces to be the bloodiest guerrilla and the one most feared by peasants in a wide region of the country. LENGTHY POLICE RECORD The guerrilla commander, fifty-nine years old and known for wearing a black beret and a camouflage uniform and always carrying a rifle, was accused of directing attacks on towns and military barracks and of murders, massacres, and kidnappings during the long internal conflict. He controlled the FARC areas in the east and south of the country. There were 60 arrest warrants pending against him, 12 measures freezing his assets, 5 convictions, 25 investigations for the crimes of rebellion, homicide, kidnapping, and terrorism, and at least 2 extradition requests. The defense minister announced that there will be new operations against other FARC leaders, whom he invited to turn themselves in so that they do not end up like Jojoy. “The FARC are arriving at a kind of turning point; we’ve struck them in their strategic heart, and by doing this, we’ve sent them very clear messages. Faced with violence, faced with terrorism and drug trafficking, we will be implacable,” he affirmed. “But for with the violent individual or the terrorist who repents, who resolves to change his life, who resolves to seek a second chance, there will be mercy, there will be compassion. We invite them to demobilize, to turn themselves in,” Rivera reiterated. Military commanders and analysts expect that after the FARC leader’s death, fighters for the group could scatter, and the continent’s oldest active rebel group, which is accused of obtaining millions through drug trafficking, could even be forced to seek peace negotiations with the government. During the military operation, around 20 computers and more than 60 USB drives were confiscated. In the view of the director of the National Police, Gen. Oscar Naranjo, they should contain information on the activities and connections of the rebel group, considered a terrorist organization by the United States and the European Union. By Dialogo September 29, 2010last_img read more

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Ethics Advisory Opinions deal with firm e-files and metadata

first_img OPINION 90-7 (March 1, 1991) Although it is not unethical per se for an attorney to enter into business transactions with clients, the proposal presented by the inquiring attorney, when viewed in its entirety, is fraught with conflict problems and thus is impermissible. RPC: 4-1.7(b); 4-1.8(a); 4-1.10(a) Opinions: 72-21, 72-26, 73-1, 88-15 The inquiring attorney presents three questions concerning the propriety of members of his law firm engaging in certain business transactions with firm clients. The questions presented are: 1. A partner (i.e., shareholder) or partners of the law firm become stockholders of an independent insurance agency. The agency acts in a brokerage capacity, i.e., it is not the insurance company, but rather sells insurance to its clients. The agency proposes to offer to sell casualty insurance policies to corporate clients of the law firm. Assuming disclosure of the attorney partner’s interest in the agency to the law firm’s clients, is there anything improper in the activity?2. [W]ould any conflict arise if the client were to seek a legal opinion about the amount of insurance it was required to carry or the specific terms of a policy? Would it make any difference if the opinion were rendered by the attorney with the interest in the insurance agency or by another member of the firm?3. Assuming a claim was made on an insurance policy by a client of the firm where the policy was sold to the client by the agency in which a firm partner had an interest, would there be any conflict were the insurance company to assign defense of the claim against the client to the law firm? [Emphasis in original.]Although the inquirer has separated his inquiry into three questions, it is more appropriate to examine the proposal in its entirety. This will help bring the interests and issues involved more clearly into focus.Generally speaking, a practicing attorney is not ethically precluded from also engaging in another, nonlaw business if certain ethical guidelines are observed. See, e.g., Florida Ethics Opinion 88-15. An attorney who wishes to refer law practice clients to another business in which the attorney has an interest, though, obviously faces a potential conflict of interest. In its advisory opinions, the Professional Ethics Committee of The Florida Bar has recognized this potential conflict but has indicated that such a referral is not ethically prohibited, provided that the referral is in the best interest of the client and that the attorney’s personal interest in the transaction is fully disclosed to the client. See Florida Ethics Opinions 72-26; 73-1.The issue of an attorney’s business transactions with clients is now specifically addressed in the Florida Rules of Professional Conduct (Chapter 4, Rules Regulating The Florida Bar). Rule 4-1.8(a) provides: (a) A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security, or other pecuniary interest adverse to a client, except a lien granted by law to secure a lawyer’s fee or expenses, unless: (1) The transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing to the client in a manner which can be reasonably understood by the client; (2) The client is given a reasonable opportunity to seek the advice of independent counsel in the transaction; and (3) The client consents in writing thereto. An attorney may enter into a business transaction with a client in accordance with the above rule, however, only if the requirements of the general conflict of interest rule, Rule 4-1.7, can be satisfied. Rule 4-1.7(b) provides: (b) A lawyer shall not represent a client if the lawyer’s exercise of independent professional judgment in the representation of that client may be materially limited by the lawyer’s responsibilities to another client or to a third person or by the lawyer’s own interest, unless: (1) The lawyer reasonably believes the representation will not be adversely affected; and (2) The client consents after consultation. [Emphasis added.] Rule 4-1.7(b) permits an attorney to undertake or continue representations which involve a potential conflict between the attorney’s personal interests and those of the client—such as an attorney-client business transaction—only if both conditions of this rule are satisfied. The comment to Rule 4-1.7 points out that, in some situations, it is improper for an attorney to ask a client to consent to representation notwithstanding an actual or potential conflict. The comment provides in pertinent part:A client may consent to representation notwithstanding a conflict. However, as indicated in paragraph (a)(1) with respect to representation directly adverse to a client and paragraph (b)(1) with respect to material limitations on representation of a client, when a disinterested lawyer would conclude that the client should not agree to the representation under the circumstances, the lawyer involved cannot properly ask for such agreement or provide representation on the basis of the client’s consent.Ordinarily it would not be prohibited for the inquiring attorney to sell insurance to his law firm clients in accordance with the requirements of Rule 4-1.8(a). However, when the inquirer’s proposal is considered in its entirety, ethical problems are apparent. Advising a client regarding the amount of insurance that the client needs, and then selling that client the insurance, presents an inherent conflict of interest. This is one of those conflicts, referred to in the above-quoted comment, that cannot be cured by asking for the client’s consent. A disinterested attorney would recognize that an attorney should not put himself into such a position of conflict. Such a conflict exists regardless of whether the attorney advising the client is the firm member who owns the interest in the insurance agency. Rule 4-1.10(a).The conflict between the attorney’s personal interests and those of the client is highlighted by the inquiring attorney’s indication that his firm also desires to be hired by the insurance company (to whom the attorney, as insurance agent, would owe a fiduciary duty) for the purpose of representing the client (to whom the attorney, as attorney, would owe a duty of undivided loyalty).To summarize: Although it is not unethical per se for an attorney to engage in business transactions with a client, the proposal presented by the inquiring attorney is fraught with conflict problems and, consequently, it would be unethical for the inquirer to undertake the proposed course of conduct. See Florida Ethics Opinion 72-21. OPINION 62-1 June 29, 1962 A lawyer should withdraw as counsel when it becomes necessary for him to testify to material facts on behalf of a client. Canon: 19 Opinion: ABA 220 Vice-Chairman Smith stated the opinion of the committee: A member of The Florida Bar inquires whether it is necessary for him to withdraw as counsel of record in a case in which it now appears that it will be necessary for him to testify on behalf of his client.It is the opinion of the Committee that he should withdraw entirely from the case and allow it to be prosecuted thereafter by attorneys to whom the matter has been or will be referred. Canon 19 of the Canons of Professional Ethics provides that when a lawyer is a witness for his client, except as to merely formal matters, he should leave the trial of the case to other counsel. The situation involved has frequently come before ethics committees and is treated in great detail in Opinion 220 of the Professional Ethics Committee of the American Bar Association. Florida cases having bearing on the matter may be found in connection with Dudley v. Wilson, 13 So.2d 145 (Fla. 1943).Although there are circumstances under which a lawyer may testify on behalf of his client and still remain connected with the case, it appears that in this situation the testimony is most material. It is our feeling, therefore, that both the letter and the spirit of the Canons of Professional Ethics require the lawyer’s withdrawal from the matter. The Professional Ethics Committee has issued Proposed Advisory Opinions 06-1 and 06-2 (reprinted below) at the request of The Florida Bar Board of Governors. Pursuant to Rule 4(c) and (d) of The Florida Bar Procedures for Ruling on Questions of Ethics, comments from Florida Bar members are solicited on the proposed opinion. The committee will consider any comments received at a meeting to be held at 2 p.m. on Friday, June 23, in conjunction with the Bar’s Annual Meeting at the Boca Raton Resort & Club. Comments must contain the proposed advisory opinion number and clearly state the issues for the committee to consider. A written argument may be included explaining why The Florida Bar member believes the committee’s opinion is either correct or incorrect and may contain citations to relevant authorities. Comments should be submitted to Elizabeth Clark Tarbert, Ethics Counsel, The Florida Bar, 651 E. Jefferson Street, Tallahassee 32399-2300, and must be postmarked no later than May 31. Professional Ethics of The Florida Bar Proposed Advisory Opinion 06-01 (April 10, 2006) The Professional Ethics Committee has been directed by The Florida Bar Board of Governors to issue an opinion regarding electronic storage of law firm files. The bar has received many inquiries regarding electronic storage of law firm files in the wake of natural disasters, such as hurricanes. Some lawyers have asked whether they may store files exclusively electronically, without retaining a paper copy.There are very few Rules Regulating The Florida Bar that address records retention. Rule 4-1.5(f)(4) requires that lawyers retain copies of executed contingent fee contracts and executed closing statements in contingent fee cases for 6 years after the execution of the closing statement in each contingent fee matter. Additionally, lawyers who are paid by insurance companies to represent insureds must retain a copy of the Statement of Insured Client’s Rights that the lawyer has certified was sent to the client for 6 years after the matter is closed. Rule 4-1.8(j), Rules of Professional Conduct. Copies of advertisements and records of the dissemination location and dates must be retained for 3 years after their last use. Rule 4-7.7(h), Rules of Professional Conduct. Finally, trust accounting records must be retained for 6 years following the conclusion of the matter to which the records relate. Rule 5-1.2(d), Rules Regulating The Florida Bar.The Rules Regulating The Florida Bar, with limited exception, do not specify the method by which records must be retained. As an example of an exception, Rule 5-1.2(b)(3) requires that lawyers retain original cancelled trust account checks, unless the financial institution they are drawn on will provide only copies.The committee has indicated in prior opinions that “the attorney must place primary emphasis on the desires of the client.” Florida Ethics Opinion 81-8. The committee has further determined that lawyers should make diligent attempts to contact clients to determine their wishes regarding file retention before the lawyer destroys any closed files. Florida Ethics Opinions 63-3, 71-62, and 81-8. These opinions are silent as to the method of file retention.Many opinions from other states address records retention issues and, more specifically, whether files may be stored electronically as opposed to paper copies. These opinions, too numerous to cite, raise issues specific to electronic document retention that the committee finds worthy of mention. The opinions generally conclude that, with appropriate safeguards, electronic document retention is permissible. See, e.g., ABA Informal Ethics Opinion 1127 (1970) (Lawyers may use company that stores attorney files on computer as long as the material is available only to the particular attorney to whom the files belong and the company that has procedures to ensure confidentiality and to admonish the company that confidentiality of the files must be preserved); New York County Ethics Opinion 725 (1998) (Permissible for a lawyer to retain only electronic copies of a file if “the evidentiary value of such documents will not be unduly impaired by the method of storage”); New York State Ethics Opinion 680 (1996) (Client’s file may be stored electronically except documents that are required by the rules to be kept in original form, but lawyer should ensure that documents stored electronically cannot be inadvertently destroyed or altered, and that the records can be readily produced when necessary); and North Carolina Ethics Opinion RPC 234 (1996) (Closed client files may be stored electronically as long as the electronic documents can be converted to paper copies, except for “original documents with legal significance, such as wills, contracts, stock certificates”).This committee concludes that the main consideration in file storage is that the appropriate documents be maintained, not necessarily the method by which they are stored. Therefore, a law firm may store files electronically unless: a statute or rule requires retention of an original document, the original document is the property of the client, or destruction of a paper document adversely affects the client’s interests.The committee agrees with other jurisdictions that have noted practical considerations involved in electronic file storage. The committee cautions lawyers that electronic files must be readily reproducible and protected from inadvertent modification, degradation or destruction. The lawyer may charge reasonable copying charges for producing copies of documents for clients as noted in Florida Ethics Opinion 88-11 Reconsideration. Finally, lawyers must take reasonable precautions to ensure confidentiality of client information, particularly if the lawyer relies on third parties to convert and store paper documents to electronic records. Rule 4-1.6, Rules of Professional Conduct.The committee encourages the use of technology, such as electronic file storage, to facilitate cost-effective and efficient records management. However, the committee is of the opinion that a lawyer is not required to store files electronically, although a lawyer may do so. FLORIDA BAR PROFESSIONAL ETHICS COMMITTEE PROPOSED ADVISORY OPINION 06-2 (April 10, 2006) The Board of Governors of The Florida Bar has directed the committee to issue an opinion to determine the ethical duties of lawyers when they send and receive electronic documents from other lawyers in the course of representing their clients. These ethical responsibilities are now becoming issues in the practice of law where lawyers may be able to “mine” metadata (information about information) from electronic documents sent by e-mail. Metadata has been defined as “information describing the history, tracking, or management of an electronic document.” 1 M etadata can contain information about the author of a document, and can show, among other things, the changes made to a document during its drafting, including what was deleted from or added to the final version of the document, as well as comments of the various reviewers of the document. Metadata may thereby reveal confidential and privileged client information that the sender of the document or electronic communication does not wish to be revealed. 2 This opinion does not address uses of metadata that is discoverable under applicable rules or is admissible in a trial or arbitration.The Florida Rules of Professional Conduct require lawyers to protect the secrets and confidences of their clients. Rule 4-1.6(a) provides as follows: (a) Consent Required to Reveal Information. A lawyer shall not reveal information relating to representation of a client except as stated in subdivisions (b), (c), and (d), unless the client consents after disclosure to the client. The Comment to Rule 4-1.6 further provides: A fundamental principle in the client-lawyer relationship is that the lawyer maintain confidentiality of information relating to the representation. The client is thereby encouraged to communicate fully and frankly with the lawyer even as to embarrassing or legally damaging subject matter. In order to maintain confidentiality under Rule 4-1.6(a), Florida lawyers must take reasonable steps to protect client confidences in all types of documents and information that leave the lawyers’ offices, including electronic documents and electronic communications with other lawyers and third parties. The duties of a lawyer when sending an electronic document to another lawyer and when receiving an electronic document from another lawyer are as follows: (1) It is the sending lawyer’s obligation to take reasonable steps to safeguard the confidentiality of all communications sent by electronic means to other lawyers and third parties and to protect from other lawyers and third parties all confidential information, including information contained in metadata, that may be included in such electronic communications. (2) It is the recipient lawyer’s concomitant obligation, upon receiving an electronic communication or document from another lawyer, not to try to obtain from metadata information relating to the representation of the sender’s client where the recipient knows or should know that the information is not intended for the recipient. Any such metadata is to be considered by the receiving lawyer as confidential information which the sending lawyer did not intend to transmit. See, Ethics Opinion 93-3 and Rule 4-4.4(b), Florida Rules of Professional Conduct, effective May 22, 2006. 3 This opinion does not address uses of metadata that is discoverable under applicable rules or is admissible in a trial or arbitration. The foregoing obligations may necessitate a lawyer’s continuing training and education in the use of technology in transmitting and receiving electronic documents in order to protect client information under Rule 4-1.6(a). As set forth in the Comment to Rule 4-1.1, regarding competency: To maintain the requisite knowledge and skill [for competent representation], a lawyer should engage in continuing study and education. Advisory Ethics Opinions Withdrawn by the Committee The Professional Ethics Committee withdrew Florida Ethics Opinions 90-7 and 62-1 (reprinted below) at its meeting on April 10, 2006. 1 The Sedona Guidelines: Best Practice Guidelines and Commentary for Managing Information and Records in the Electronic Age, Appendix F (The Sedona Conference Working Group Series, Sept. 2005 Series, available athttp://www.thesedonaconference.org. The Microsoft Word and Microsoft Office online sites also contain detailed information about metadata, showing examples of metadata that may be stored in Microsoft applications and explaining how to remove this information from a final document. Examples of metadata that may be hidden in Microsoft documents include the name of the author, the identification of the computer on which the document was typed, the names of previous document authors and revisions to the document, including prior versions of a final document. 2 Further references regarding metadata and eliminating metadata from documents may be found on Microsoft’s user support websites athttp://support.microsoft.com/kb/290945 andhttp://support.microsoft.com/kb/q223790/. See also, Michael Silver, “Microsoft Office metadata: What you don’t see can hurt you” Tech Republic Gartner 2001 http://techrepublic.com.com/5100-1035_11-5034376.html. The court’s discussion of metadata in Williams v. Sprint/United Management Company, 230 F.R.D. 640 (2005) is also very helpful. 3 The ethical implications of such hidden information in electronic documents have been discussed in legal journals and ethics opinions in other states, The New York Bar Association has issued Opinion 749 (2001), which concluded that attorneys may not ethically use computer software applications to surreptitiously “mine” documents or to trace e-mail. New York Ethics Opinion 782 (2004), further concluded that New York lawyers have a duty to use reasonable care when transmitting documents by e-mail to prevent the disclosure of metadata containing client confidences or secrets. Legal commentators have published articles about ethical issues involving metadata. David Hricik and Robert B. Jueneman, “The Transmission and Receipt of Invisible Confidential Information,” 15 The Professional Lawyer No. 1, p. 18 (Spring 2004). See also, Brian D. Zall, Metadata: Hidden Information in Microsoft Work Documents and its Ethical Implications, 33 Colo. Lawyer No.10, p. 53 (Oct. 2004). April 30, 2006 Regular News Ethics Advisory Opinions deal with firm e-files and metadata Ethics Advisory Opinions deal with firm e-files and metadatalast_img read more

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Air Force confirms death of pilot after plane skids off runway

first_imgThe Air Force has confirmed that 38-year-old pilot Lt. Col. Luluk, who was promoted from the rank of major posthumously, has died from injuries sustained during a training accident at the  Iswahjudi Air Force Base in Madiun, East Java, on Monday.“Lt. Col. Luluk passed away after being treated at the Gatot Soebroto Army Hospital [in Central Jakarta],” the Air Force information center said in a statement released on Wednesday.According to his eulogy, Luluk was born in Madiun on April 23, 1982, and graduated from the Air Force Academy in 2003. He is survived by his wife and two children.  Topics : The Air Force further confirmed that First. Lt. Muhammad Zaky, a student who had trained with Luluk, had survived the accident.The incident occurred at around 1 p.m. on Monday during a routine training exercise, when the T-50i Golden Eagle fighter jet skid off the runway during takeoff. Zaky was seated in the front of the cockpit while Luluk was in the back. Both managed to get out of the aircraft after the crash and were rushed to a hospital.last_img read more

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Foreigners in Japan becoming target of discrimination due to virus

first_imgAlthough the student’s university, also located in Beppu, southwestern Japan, had reported from Aug. 8 that a dozen or so exchange students had tested positive for the virus, he was not one of them. He attempted to object, but the men told him, “We’re social distancing. Get lost,” so in the end he could do nothing.Such prejudice against foreigners is seen to be the result of an excessive fear of infection and ignorance among those who lack opportunities to communicate with the international communities with which they reside.The some 2,700 exchange students at APU, who make up almost half of its enrollments, usually forge deep connections with the local community through part-time jobs and extracurricular activities.But since the outbreak of the coronavirus, the city has received reports that some hair salons and dining establishments have put up signs denying entry to students from the university. In response, it immediately set about distributing around 1,500 notices to business operators reminding them that “the fight is against the virus, not people.”Some businesses in Yokohama’s Chinatown near Tokyo also reported receiving hate mail in March blaming Chinese people for the coronavirus outbreak, with messages such as “Get the hell out of Japan.”Read also: Emergency stay permits to no longer be issued for foreigners as Indonesia enters ‘new normal’According to a May survey of around 400 foreigners living in Fukuoka Prefecture by monthly multilingual magazine Fukuoka Now, around 20 percent of respondents said they have experienced some sort of discrimination in relation to the coronavirus.Toshihiro Menju, managing director and chief program officer at the Japan Center for International Exchange, believes that ensuring local residents and foreigners have opportunities to interact is the solution to eradicating discrimination and prejudice.”The relationships built in the community on a daily basis thrive during extraordinary times,” he said.With foreigners, many of them Japanese-Brazilians, accounting for around 10 percent of the population of Minokamo, Gifu Prefecture, the city has been working to strengthen information sharing with its international community.City officials, together with a pastor with interpreting experience, are visiting around 10 churches with foreign congregations to urge them to take thorough measures against the coronavirus’ spread.”Local governments should treat foreign residents in the same way as Japanese residents, and make their guidelines and other policies clear,” said Menju.Topics : Since the outbreak of the coronavirus, there have been increasing reports that foreigners living in areas with prominent international communities in Japan are being subject to discrimination and hateful remarks.”Shitty foreigner, corona.” A 22-year-old Indian student at Ritsumeikan Asia Pacific University was targeted by such a verbal attack while walking around JR Beppu Station, Oita Prefecture in mid-August.The comment came from three Japanese men apparently in their 30s.last_img read more

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Gold Coast home has premium fishing spot

first_img18B Avanti St, Mermaid Waters. 18B Avanti St, Mermaid Waters. 18B Avanti St, Mermaid Waters.The luxurious five-bedroom home has an open living area downstairs that flows onto a covered entertainment deck overlooking the pool and water.It also has a separate study as well as a second living area upstairs.The beach, restaurants and light rail are a short walk away while Pacific Fair is also close by. 18B Avanti St, Mermaid Waters.EVER dreamt of fishing off your own jetty?It’s a reality for Dan Hodges who barely has to leave his backyard to throw a line out.He said it was one of the best parts of his family’s Mermaid Waters home, where they often spotted dolphins swimming past.Mr Hodges bought the property eight years ago where he lived with his wife, Tracey, and daughter before knocking down the original house and building two new ones.center_img More from news02:37International architect Desmond Brooks selling luxury beach villa16 hours ago02:37Gold Coast property: Sovereign Islands mega mansion hits market with $16m price tag2 days ago18B Avanti St, Mermaid Waters.“We just loved the location,” he said. “We lived in the old house to get a good feel of what worked.”They built the two new homes to make the most of the water and skyline views as well as the coastline breezes and sunlight.They have already sold 18A and have reluctantly decided to sell 18B, where they have been living for the past 18 months.“We’ll certainly miss the house, and more importantly we’ll miss the location and the neighbours because you can’t replace that,” Mr Hodges said. 18B Avanti St, Mermaid Waters.last_img read more

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PM wants greater involvement from private sector in WCMF

first_imgLocalNews PM wants greater involvement from private sector in WCMF by: – October 31, 2011 Tweet Sharing is caring! Share Sharecenter_img Share Prime Minister Roosevelt Skerrit. (file photo)Prime Minister Roosevelt Skerrit is calling for a greater involvement from the private sector in the staging of the annual World Creole Music Festival.He said that it is time that the private sector injects some cash into the event.“There has to be a greater involvement in the private sector in a more tangible way. What the WCMF needs is a greater injection of cash through sponsorship. The sponsorship in kind helps but you need money to be able to sustain the involvement of the bands. It is a very costly exercise so I believe greater involvement of the private sector is crucial and will give it an additional boost. I believe what we have to do is look at the existing sponsors, including government and to examine every private sector firms contribution and ask yourself whether you are getting value for money from these sponsors. We also need to tap into new sponsors,” he said.Jeff Joseph & the Grammacks New Generation performing on night 1 of the WCMFMr Skerrit also commended the efforts of the Dominica Festivals Commission for highlighting the local artists at the festival.“The Dominica Festival Commission has made an effort to try to promote the local bands, whether its cultural groups, local artistes…I think it’s a matter for them to take advantage of that exposure and take their performance to the next level,” he said.Dominica Vibes News 112 Views   no discussionslast_img read more

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