Volcanic plumbing exposed

Public release date: 30-Mar-2012
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Contact: Richard Mellor
r.d.mellor@leeds.ac.uk
44-113-343-4031
University of Leeds

Two new studies into the "plumbing systems" that lie under volcanoes could bring scientists closer to predicting large eruptions.

International teams of researchers, led by the University of Leeds, studied the location and behaviour of magma chambers on the Earth's mid-ocean ridge system - a vast chain of volcanoes along which the Earth forms new crust.

They worked in Afar (Ethiopia) and Iceland - the only places where mid-ocean ridges appear above sea level. Volcanic ridges (or "spreading centres") occur when tectonic plates "rift" or pull apart. Magma (hot molten rock) injects itself into weaknesses in the brittle upper crust, erupting as lava and forming new crust upon cooling.

Magma chambers work like plumbing systems, channelling pressurised magma through networks of underground "pipes".

The studies, published in Nature Geoscience, reveal new information about where magma is stored and how it moves through the geological plumbing network. Finding out where magma chambers lie and how they behave can help identify early warning signs of impending eruptions.

Scientists used images taken by the European Space Agency satellite Envisat to measure how the ground moved before, during and after eruptions. Using this data, they built and tested computer models to find out how rifting occurs.

Data in one study showed magma chambers that fed an eruption in November 2008 in the Afar rift of Northern Ethiopia were only about 1 km below the ground. The standard model had predicted a depth of more than 3 km.

It is highly unusual for magma chambers to lie in shallow depths on slow spreading centres such as the Afar rift, where tectonic plates pull apart at about the same speed as human fingernails grow.

Dr Carolina Pagli from the University of Leeds' School of Earth and Environment, who led the study, says: "It was a complete surprise to see that a magma chamber could exist so close to the Earth's surface in an area where the tectonic plates move apart so slowly. The results have changed the way we think about volcanoes."

Dr Pagli also noticed that the ground started "uplifting" (elevating) four months before the eruption, due to new magma increasing pressure in one of the underground chambers. Understanding these precursory signals is fundamental to predicting eruptions.

A wider study of eruptions in Afar and Iceland, two vastly different environments, found remarkable similarities. Many events occurred within a short space of time. Researchers identified multiple magma chambers positioned horizontally and vertically, allowing magma to shoot in several directions. Moving magma triggered earthquakes, and separate magma chambers fed single eruptions.

The 2008 eruption is part of an unusual period of recent volcanic unrest in Ethiopia, and is enabling scientists to learn more about volcanoes at spreading centres. Most spreading centres are under 2 km of water at the bottom of the ocean, making detailed observations extremely challenging. The new knowledge derived from Ethiopian volcanoes will help scientists understand volcanoes in Iceland, where eruptions can have a bigger impact on the UK.

Dr Tim Wright from the School of Earth and Environment, who leads the international Afar Rift Consortium, said: "The dramatic events we have been witnessing in Afar in the past six years are transforming our understanding of how the crust grows when tectonic plates pull apart. Our work in one of the hottest place on Earth is having a direct impact on our understanding of eruptions from the frozen volcanoes of Iceland."

###

The studies were funded by the UK Natural Environment Research Council through the Afar Rift Consortium, the National Centre for Earth Observation, the US National Science Foundation, the UK Royal Society, and the Icelandic Research Fund.

Geophysical constraints on the dynamics of spreading centres from rifting episodes on land by Tim J Wright, Freysteinn Sigmundsson, Carolina Pagli, Manahloh Belachew, Ian Hamling, Bryndis Brandsdottir, Derek Keir, Rikke Pedersen, Atalay Ayele, Cindy Ebinger, Pall Einarsson, Elias Lewi and Eric Calais is published in Nature Geoscience, doi: 10.1038/NGEO1428

Shallow axial magma chamber at the slow-spreading Erta Ale Ridge by Carolina Pagli, Tim J Wright, Cynthia J Ebinger, Sang-Ho Yun, Johnson R Cann, Talfan Barnie and Atalay Ayele is published in Nature Geoscience, doi: 10.1038/NGEO1414

To request an interview with Dr Wright or Dr Pagli please contact: University of Leeds press office, T: 0113 343 34031 (30 March 10 April) or press officer Esther Harward, T: 0113 343 4196 E: e.harward@leeds.ac.uk (from 11 April).

A current photograph of the Erta Ale lava lake at the Afar rift (studied in both papers) is available for media to download here: http://goo.gl/OIJB1. The photo must be credited to James Hammond.

A 3-D computer-generated flyover of the Afar rift may be used free of charge provided it is credited as follows: Copyright British Geological Survey, UK Natural Environment Research Council and US National Science Foundation. http://see.leeds.ac.uk/afar/new-afar/day-in-life/movie-files.html Please click on Afar_3D_motion_movie.

Notes to editors

The Afar Rift Consortium is a 5-year interdisciplinary project investigating rifting in Afar. It involves scientists at the Universities of Leeds, Bristol, Edinburgh, Oxford and Cambridge, with partners at the British Geological Survey and in the United States, France, New Zealand, and Ethiopia.

The National Centre for Earth Observation is a partnership of scientists and institutions, from a range of disciplines, which is using data from Earth observation satellites to monitor global and regional changes in the environment and to improve understanding of the Earth system to predict future environmental conditions.

The 2008 Research Assessment Exercise showed the University of Leeds to be the UK's eighth biggest research powerhouse. The University is one of the largest higher education institutions in the UK and a member of the Russell Group of research-intensive universities. The University's vision is to secure a place among the world's top 50 by 2015. www.leeds.ac.uk

---

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AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.

Public release date: 30-Mar-2012
[ | E-mail | Share ]

Contact: Richard Mellor
r.d.mellor@leeds.ac.uk
44-113-343-4031
University of Leeds

Two new studies into the "plumbing systems" that lie under volcanoes could bring scientists closer to predicting large eruptions.

International teams of researchers, led by the University of Leeds, studied the location and behaviour of magma chambers on the Earth's mid-ocean ridge system - a vast chain of volcanoes along which the Earth forms new crust.

They worked in Afar (Ethiopia) and Iceland - the only places where mid-ocean ridges appear above sea level. Volcanic ridges (or "spreading centres") occur when tectonic plates "rift" or pull apart. Magma (hot molten rock) injects itself into weaknesses in the brittle upper crust, erupting as lava and forming new crust upon cooling.

Magma chambers work like plumbing systems, channelling pressurised magma through networks of underground "pipes".

The studies, published in Nature Geoscience, reveal new information about where magma is stored and how it moves through the geological plumbing network. Finding out where magma chambers lie and how they behave can help identify early warning signs of impending eruptions.

Scientists used images taken by the European Space Agency satellite Envisat to measure how the ground moved before, during and after eruptions. Using this data, they built and tested computer models to find out how rifting occurs.

Data in one study showed magma chambers that fed an eruption in November 2008 in the Afar rift of Northern Ethiopia were only about 1 km below the ground. The standard model had predicted a depth of more than 3 km.

It is highly unusual for magma chambers to lie in shallow depths on slow spreading centres such as the Afar rift, where tectonic plates pull apart at about the same speed as human fingernails grow.

Dr Carolina Pagli from the University of Leeds' School of Earth and Environment, who led the study, says: "It was a complete surprise to see that a magma chamber could exist so close to the Earth's surface in an area where the tectonic plates move apart so slowly. The results have changed the way we think about volcanoes."

Dr Pagli also noticed that the ground started "uplifting" (elevating) four months before the eruption, due to new magma increasing pressure in one of the underground chambers. Understanding these precursory signals is fundamental to predicting eruptions.

A wider study of eruptions in Afar and Iceland, two vastly different environments, found remarkable similarities. Many events occurred within a short space of time. Researchers identified multiple magma chambers positioned horizontally and vertically, allowing magma to shoot in several directions. Moving magma triggered earthquakes, and separate magma chambers fed single eruptions.

The 2008 eruption is part of an unusual period of recent volcanic unrest in Ethiopia, and is enabling scientists to learn more about volcanoes at spreading centres. Most spreading centres are under 2 km of water at the bottom of the ocean, making detailed observations extremely challenging. The new knowledge derived from Ethiopian volcanoes will help scientists understand volcanoes in Iceland, where eruptions can have a bigger impact on the UK.

Dr Tim Wright from the School of Earth and Environment, who leads the international Afar Rift Consortium, said: "The dramatic events we have been witnessing in Afar in the past six years are transforming our understanding of how the crust grows when tectonic plates pull apart. Our work in one of the hottest place on Earth is having a direct impact on our understanding of eruptions from the frozen volcanoes of Iceland."

###

The studies were funded by the UK Natural Environment Research Council through the Afar Rift Consortium, the National Centre for Earth Observation, the US National Science Foundation, the UK Royal Society, and the Icelandic Research Fund.

Geophysical constraints on the dynamics of spreading centres from rifting episodes on land by Tim J Wright, Freysteinn Sigmundsson, Carolina Pagli, Manahloh Belachew, Ian Hamling, Bryndis Brandsdottir, Derek Keir, Rikke Pedersen, Atalay Ayele, Cindy Ebinger, Pall Einarsson, Elias Lewi and Eric Calais is published in Nature Geoscience, doi: 10.1038/NGEO1428

Shallow axial magma chamber at the slow-spreading Erta Ale Ridge by Carolina Pagli, Tim J Wright, Cynthia J Ebinger, Sang-Ho Yun, Johnson R Cann, Talfan Barnie and Atalay Ayele is published in Nature Geoscience, doi: 10.1038/NGEO1414

To request an interview with Dr Wright or Dr Pagli please contact: University of Leeds press office, T: 0113 343 34031 (30 March 10 April) or press officer Esther Harward, T: 0113 343 4196 E: e.harward@leeds.ac.uk (from 11 April).

A current photograph of the Erta Ale lava lake at the Afar rift (studied in both papers) is available for media to download here: http://goo.gl/OIJB1. The photo must be credited to James Hammond.

A 3-D computer-generated flyover of the Afar rift may be used free of charge provided it is credited as follows: Copyright British Geological Survey, UK Natural Environment Research Council and US National Science Foundation. http://see.leeds.ac.uk/afar/new-afar/day-in-life/movie-files.html Please click on Afar_3D_motion_movie.

Notes to editors

The Afar Rift Consortium is a 5-year interdisciplinary project investigating rifting in Afar. It involves scientists at the Universities of Leeds, Bristol, Edinburgh, Oxford and Cambridge, with partners at the British Geological Survey and in the United States, France, New Zealand, and Ethiopia.

The National Centre for Earth Observation is a partnership of scientists and institutions, from a range of disciplines, which is using data from Earth observation satellites to monitor global and regional changes in the environment and to improve understanding of the Earth system to predict future environmental conditions.

The 2008 Research Assessment Exercise showed the University of Leeds to be the UK's eighth biggest research powerhouse. The University is one of the largest higher education institutions in the UK and a member of the Russell Group of research-intensive universities. The University's vision is to secure a place among the world's top 50 by 2015. www.leeds.ac.uk

---

[ | E-mail | Share ]

?

AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.

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The Social Enterprise Part 1 ? Improving Collaboration with ...

This is the first in a series of Summa blog posts delivering an overview of Salesforce.com?s foray into the Social Enterprise. In future posts we will go in-depth on Chatter features, provide deployment strategies that drive higher user adoption, and explore the Social Enterprise in a broader sense.

It?s actually been quite a few years now that the term ?social? has taken on a new significance in our lexicon. It still means what it?s always meant, of course: ?pertaining to?relations?community?companionship?. And the underpinning of the social communal relationship has always been sharing ? sharing feelings, ideas and thoughts.

The growth of social media outlets has fostered this sharing like never before. The most widely-recognized social platforms (Facebook, Twitter, YouTube, LinkedIn) have enabled personal, individual connections and sharing by bringing strangers together and reconnecting lost relationships. Seeing an opportunity to leverage these social networks, businesses also can now reach discreet segments of their customers, receive immediate feedback and target promotions like never before.

But what about within the organization? Should companies be considering ways to use social platforms to increase collaboration, efficiencies ? and revenues?

There is, in fact, a role for social collaboration throughout the enterprise. And there is a solution ? Salesforce.com?s Chatter.

Collaboration?s obstacles

As efficient as we?ve become, collaboration in the workplace is generally much harder today:

• Organizations are larger, with unique structures and roles
• Organizations are more disperse, with multi-site locations
• The virtual workspace has moved employees away from each other
• Business is faster-paced
• We are all exposed to content overload, and sifting through it all takes time
• ?and then there?s NOISE?the irrelevant, insignificant and unneeded information

What is Chatter?

Chatter is Salesforce?s cloud-based enterprise social network. Chatter fosters collaboration within your organization by:

• Enabling relevance ? your staff chooses the information that?s important to them, bringing the conversation to the subject
• No more seeking for important information - Chatter pushes relevant updates directly to users
• Delivering efficiency ? through automated feeds, your employees have quick and seamless access to relevant content
• Shrinking the organization ? bringing remote locations together
• Cutting through the noise

Chatter?s value

In a study done by Nucleus Research in July 2011, Chatter has proven to directly contribute to an organization?s productivity and efficiency:

• Companies adopting Chatter to support business collaboration drove greater productivity ? but also made employees more aware and aligned with company goals
• Chatter users experienced a 12.5% increase in productivity (on average)
• Productivity savings were often seen to have a direct impact on the improved performance of the sales team
• With increased manager visibility through automated feeds, managers are more quickly aware of events, setbacks or actions needed
• Improved responsiveness was seen with topic/customer-specific questions, delivering solutions that are more on target with reduced cycle-time

Features of Chatter

Taking some of the best features of the most popular social platforms, Chatter brings your workforce together, and improves the visibility and dialog throughout the enterprise. Some of Chatter?s key features include:

Groups ? Groups help your teams organize around business processes, topics and customers. By collaborating within specific categories they share relevant information and work more productively. They can even set up private groups to work on sensitive projects.

Feeds ? with Feeds your team can monitor the projects, people and groups that matter most in one spot. The automated content push sends updates on sales pursuits, customer projects, and marketing campaigns.

File Sharing ? Chatter?s file sharing improves access to important files across your team ? right from your browser. You can even receive notifications whenever a document has been updated.

Messenger ? a new feature, Chatter Messenger enables private and group instant messaging to enhance productivity.

Next week: a deeper dive on some of Chatter?s most impactful features.

To learn more about Chatter, the Social Enterprise and how Summa can make your organization more collaborative, contact Orion Wolff at 412.708.5787.

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Labour woes, slow insurance pay-outs hit Japan invstors - The Nation

Home ? business ? Labour woes, slow insurance pay-outs hit Japan invstors

PETCHANET PRATRUANGKRAI
THE NATION March 30, 2012 1:00 am

"The flooding drove employees away from many firms that suspended operations for too long. Those firms now need thousands of new employees, but workers are hard to find," a Japanese businessman said at a special luncheon of the Thai-Japanese Association yesterday.

Japanese and Thai businesspeople said they had been unable to recruit workers even though they implemented the new Bt300 minimum daily wage ahead of schedule. The government should help solve the labour problem, otherwise many companies will further delay reopening and many industries will run out of parts and materials, they said.

The source also said his firm had not yet received a cheque for its insurance claims and it needed the funds to continue operating. He asked for the government's assistance to urge insurers to pay the claims soon.

Industry Minister Pongsvas Svasti said the slow claims payments were due to a lot of paperwork by insurance firms.

More than Bt100 billion is sitting in banks waiting for claims payment. However, the 838 companies in industrial estates were not alone in putting in claims. So have tens of thousands of small and medium-sized enterprises that were affected by flooding. Companies should soon start gradually receiving payments from the insurers, he said.

Pongsvas told the Japanese community that the government's measures would be able to prevent at least 50 per cent of floods this year. He assured Japanese investors that the government would continue to protect industrial estates and grant more privileges to promote investment in the country.

Kobkarn Wattanavrangkul, president of the Thai-Japanese Association, said many flood-affected companies could not resume operations as quickly as they had expected as they were facing human-resource and supply-chain problems and were still waiting for insurance payments. Also, many trading partners have forced companies in Thailand to take out more insurance to prevent business disruption this year.

Kobkarn, who is also the chairwoman of Toshiba Thailand, said many firms in flood-hit areas were now struggling to restart their plants because of many obstacles.

"The lack of workers is one of the most serious problems of enterprises in the industrial estates," she said.

Minoru Sato, president and chief executive officer of Yusen Logistic (Thailand), part of NYK Group, said he still had doubts about the country's flood-prevention measures, as their implementation and time frame were still unclear, while natural disasters are expected.

"A repeat of the floods would seriously damage the Thai economy and the country would face difficulty restoring confidence. Investors would cut back and stop investing in Thailand." Many companies are now concerned about the shortage of manpower in Thailand, he said.

Setsuo Iuchi, president of the Japan External Trade Organisation, said Japanese investors had more confidence in the government's flood-prevention measures, but they wanted to see clearer implementation plans and time frames.

Many Japanese companies still want to invest in Thailand despite the wage hike being imposed this weekend. The government should help promote investment, address the labour shortage and increase worker efficiency after the wage increase, he said.

Minoru Furusawa, vice president of the Japanese Chamber of Commerce in Bangkok, said Japanese companies still had confidence and were interested in investing more in Thailand after the government granted more privileges for projects in flood-hit industrial estates.

Pramon Sutivong, chairman of Toyota Motor (Thailand), said more investors would diversify to other Asean countries out of concern for floods and higher production costs in Thailand.

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Cop car karaoke: Man sings 'Bohemian Rhapsody'

By Kurt Schlosser

Whatever you sing in the privacy of your own shower or your car on the way to work is your business. But if you get arrested and end up in the back of a police car nowadays, it'll likely be filmed and end up on YouTube. So, sing well.

If you're apparently intoxicated and know all the words to Queen's "Bohemian Rhasody," the video will be that much better.

"I didn't say that I was intoxicated," says the man in the back of a Royal Canadian Mounted Police cruiser. "But it doesn't even matter ... it has to do with brotherhood of men on the planet Earth." And then it starts. Five minutes of cop-car karaoke.

"Is this the real life? Is this just fantasy? Caught in a landslide, no escape from reality." Got that right.

The YouTubers are quick to offer all sorts of helpful commentary, as always.

User mari3011 says, "Later he was released since all he had was? a case of Mercury Poisoning."

"If I was? the cop, I would have requested Freebird at the end," writes AuralSynth.

After the song ends ("Nothing really matters ...") and the video draws to a close, the back door of the police car is opened and the suspect asks, "Do you have?to cuff me?" "Are you going to hit me?" an officer responds. "Physical violence is the least of my priorities." Well said, Freddie Wannabe.

We give the guy credit for making the six-minute ride from wherever he was picked up to wherever he was dropped off entertaining. Do you have a favorite song that is your back-of-the-cop-car standard? "I Fought the Law" would probably feel pretty good. A certain rap classic by N.W.A., on the other hand, would?be ill advised. Share your song choices over on Facebook.

And, hey, check out the real deal below to see how well the guy actually did:

Source: http://entertainment.msnbc.msn.com/_news/2012/03/29/10925507-man-belts-out-bohemian-rhapsody-from-back-of-cop-car

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Storage Spaces on Your Own Terms

When you need space for storing, whether long or short term, a fantastic substitute for asking for the friend's untouched spaces area is using storage pods instead. These are located in virtually every metropolis, and you also won't be a nuisance to your friends or family.

Rather than think that your friend or family will have an extra room like a garage infinitely, you should know that their situation may change. They may need it to store a new car or of there is a storm watch they may need it as shelter for important outdoor items. So instead of taking away space they may or may not use, even before asking, call the moving company to find out prices.

There are certain protocols that should be established with friends despite the fact that you are friends. Most people don't like when you take over their space and this can often cause disagreements in friendships. It's therefore recommended to carry your own business without interfering in friends or families homes.

The cost of renting varies based on the size of the moving pod and the length of time you need it. You can also purchase these if you need permanent storage space. Call up the moving companies around town to see if their prices are within your budget, or go online, as prices are more competitive in the online business world.

You may need your own storage space if you're remodeling your home as an example, or you are moving to another city and will need your personal belongings later down the road. If this is the case, storage pods can be dropped off at your home, whenever you make the schedule to. They are also storage units that can be placed on wheels to move around. So if you need it for a later date, and an extended rental, a moving company can store it for you, then ship it to you when ready.

Should you just require a short-term storage space, like if your family is coming over for an event, you can free up space in your home by dumping excess items in a storage pod temporarily. It might be a blessing in disguise to remove clutter out of your home. It's not until that you have gotten rid of clutter that you realize just how much space they were taking up. In addition, you can sell these like a tag sale and then take the profits to apply toward a redesign project. This is a neat idea if you want to revamp the look of your home.

Whatever the cause of for needing additional space for storage, the sensible thing to do is actually think of innovative methods to do-it-yourself, without invading your friend's or family's properties. This can create disparity between relationships and it's something you will want to avoid entirely.

Renting storage pods allow you to be neither a beggar nor a borrower. You'll have your own space, without worry of compromising your friendships.

I'm a professional moving consultant with a passion for writing about portable self storage. You can learn more by visiting my favorite Website.

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Business Success with Video and Audio ... - Business PR News

Event Information

Event Date:?

Wed, 04/11/2012 - 11:30am - 1:00pm

RSVP:?

RSVP?http://www.meetup.com/aibusinesspro/events/57817822/

We started this year with the subject of marketing your business with the right tools!? Nowadays, Internet is the best place and most economical way to market and promote your business. It was on the front page of the Wall Street Journal a few months ago that although economy is not doing so good for many, but the businesses on the Internet are doing well.

Come learn how you can utilize the power of video and audio on the web to grow your business.?

The theme of this month is: Business Success with Video and Audio Marketing Online

Here's one of the video that I have online to keep people up to date on what I've doing:

.......................................

Come and Learn:

• 5 tips on video marketing
• 5 tips on audio marketing
• How you can tap into the digital media world and start making a difference

If you have a video and/or audio that you want to put on the web, bring it with you.

RSVP now and come learn how to market your? business with video and? audio.? Bring yours and show us too!? We can help!

.......................................

Housekeeping Rules:

• 11am - 12pm - Come early to order your lunch.? Eat and network.? Get your gears ready.? We'll start promptly at 12pm.
• Sign In - Starts around 11:30am
• Food - You are fully responsible for your food and drink.?
• Fee - No fee to attend, unless? you don't wish to order food, it'll be $15 at the door.? The $15 fee will be used for door prizes and tips for the wait staff.
• Commercial - Our Internet PR Members (Silver and Platinum) have 1-minute commercial time to tell about their business.? All others will be name and company name only.
• Video and Audio - Occasionally, we will record our luncheon, meetings and events.? Sometimes we upload these videos and audios online to show and share our experience and things shared around.

.......................................

AGENDA:

• 12:00pm - Start promptly
• ................ Intro, Thank You and Announcements
• ................ Tell us your name and company name
• ................ 1-min. commercial for our Internet PR Members (Silver and Platinum)
• ................ Presentation By us
• ................ Presentation by our speaker
• ................ Misc.
• 1:00pm --- Meeting Ends

Continue networking

Source: http://businessprnews.com/events/aibusinesspro/audio-video-internet-marketing/april-11-2012

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E Commerce Web Builders

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Are you struggling to build you an e-commerce web storefront on the web? Perhaps these few tips will help you as you embark on this exciting venture; of joining the other ecommerce site builders.

First things first, you should plan your website carefully. Determine your goals and lay out which marketing strategies and what outcome you expect from each. Is it your goal to generate leads? Do you want to have an online catalog? Would you like to compile a database of possible clients? List your objectives in quantifiable form (i.e. increase sales by 20%). This will help you to determine the success of your e-commerce site as time goes on.

Your next task will be to determine the things your possible clients will want and need to know prior to making a purchase. These things may be:
? A detailed product/service description complete with pricing guides, key features, product specs, et cetera.
? Customer reviews and testimonials, reports and studies, customer success stories and positive remarks made by prior customers.
? A section that covers frequently asked questions (FAQ) to answer questions and cut down on the need for one-on-one assistance.

When planning the construction of your site, you should focus primarily on customer use. Potential clients will want a site that?s easy to use, easy to navigate, and answers the many questions most consumers have prior to spending money on a product. You should strive to create a site map that will outline each page of your site, starting with the home page. You should also plan to implement the use of tools that will track and measure your site activity (i.e. where do customers click most often, and whether or not those clicks lead to a purchase). This way, as you build your e-commerce web site, you will be able to compare your goals against your results.

As you build, you will want to make certain you?re using the right tools. Your solidly laid out plan is just the beginning. Next comes the actual construction of your e-commerce web site. Many business will turn to professionals (a very powerful tool in web building). The professional web site builders design and create outstanding web sites. There are unlimited sources of contact for professional web builders. Use the phone book, or better yet, look online and you will quickly find a firm in your area.

On the other hand, maybe you?re not budgeted to have professional help building your web site. Many successful e-commerce sites are constructed using tools that are designed to help the layperson create a professional and polished site on their own, without the aid of HTML experts. Again, resources for such sites can be found all over the Internet and you can even find great web building programs to download for free.

Let?s review. In order to build a successful e-commerce web site, your primary goal is to keep your customer in mind. Determine what you?d like to see if you were investigating a product and do your best to build a web page that meets those specs.

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Source: http://internet-marketing-blog101.com/internet-marketing/e-commerce-web-builders/

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Weather radios, programming available during disaster awareness ...

DALTON ? Nearly everybody has a smoke alarm in their house, so why don?t they have a weather radio, too?

That?s one of the important messages being delivered by the Whitfield County Emergency Management Agency as it prepares for a Community Safety and Disaster Awareness Event this weekend.

The public is encouraged to attend the event on Saturday from 11 a.m. to 3 p.m., in the parking lot of Market Street Shops, 933 Market St.

?We?re trying to make people aware of disasters and the importance of being prepared in case of a disaster,? Whitfield EMA Director Claude Craig said. ?You need to be prepared; you need to have a plan of action.?

Craig praised West Walnut Kroger Store No. 458 for partnering with the local EMA to have Midland Weather Radios available for purchase for $29.95 on Saturday.

?We will also have representatives from North Georgia Radio Group and our Community Emergency Response Team (CERT) to help people program their weather radios right there on site,? Craig said.

He pointed out that weather radios are the country?s No. 1 source to provide notification of when a severe weather threat is approaching.

?What we?re trying to do with the weather radios is called mitigation, or prevention,? Craig said. ?We want to mitigate the loss of property and human life as much as possible. To relate to what mitigation is, the one most famous piece of equipment that is used to mitigate injuries or loss of property is a smoke alarm. Everybody?s got a smoke alarm in their house, so why don?t they have a weather radio in their house? Because a tornado can knock down your house a whole lot quicker than a fire can, so why do you not have a weather radio??

Craig pointed out that other weather events besides tornadoes can be devastating, too.

?Keep in mind that straight-line winds can produce as much damage as a tornado, like the straight-line event we had here last June 17 during a severe thunderstorm,? he said.

Representatives from all public safety agencies will be on hand for Saturday?s event, as well as officials with the Red Cross, Salvation Army and United Way that play key roles during disasters.

Whitfield Emergency Management?s Mobile Command Unit will be on site, and visitors can take part in the DUI goggles experience with the Whitfield County Sheriff?s Office.

Fun for the kids is also planned, including face painting and free pictures with the Easter Bunny.

Area residents have to look no further than last April 27 to remember the deadly force of severe weather.

?Keep in mind that we?re approaching the first anniversary of those tornadoes,? Craig said. ?Everyone needs to be prepared just in case. And you always want to have a backup plan, too, because everything doesn?t always work right every time, as we all know. So if you?ve got a weather radio, you?re still going to need to watch the TV or listen to the radio in case of severe weather. Never be dependent on one source of information.?

Source: http://daltondailycitizen.com/local/x1450999262/Weather-radios-programming-available-during-disaster-awareness-event

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Dell PartnerDirect Introduces Cloud Services & Solutions Certification

ROUND ROCK, Texas?(BUSINESS WIRE)?Dell announced today a Cloud Services & Solutions Certification for PartnerDirect channel partners that will enable them to provide cloud services & solutions to customers based on both Dell technology and their own technology services.

?Dell is also making it easy for partners to demonstrate their infrastructure-related skills by accepting their membership in channel programs of recognized vendors in technology areas of security, networking and virtualization?

Today, many organizations are living with complex, overgrown computing platforms that are underutilized, take up valuable data center floor space, consume large amounts of power and cooling resources, and are not easy to manage.

?Organizations, of all sizes, are looking to implement cloud computing solutions to align efficiency and deliver business results. We have created a certification practice area with choice and flexibility that will solidify partners? value to the end customer. We invested the time and resources to fully understand the cloud solutions our partners need to provide in the market,? said Bob Skelley, executive director, Dell Global Certified Partner Program & Channel.

This new certification, available now in North America, in Europe 12 April and soon worldwide, is the result of many months of thoughtful collaboration with Dell?s partners and industry analysts to ensure it met the needs of many different types of cloud computing offerings, without over complication.

?Dell has continued to listen to us over the course of our partnership and the creation of this certification program. They took the time to understand our concerns as a global cloud provider and find a way to go to market together that strengthens both of our businesses and adds value to our customers,? said Dante Orsini, vice president business development, iland.

?Dell is also making it easy for partners to demonstrate their infrastructure-related skills by accepting their membership in channel programs of recognized vendors in technology areas of security, networking and virtualization,? said Anurag Agrawal, CEO, Techaisle.

Recent research by Dell Cloud Business Applications and Techaisle* showed that customers are looking for a trusted IT partner who has evaluated the right cloud applications for their businesses. Dell understands that sometimes that partner might be a value added reseller, and therefore has created this new certification.

?As a company that provides multiple cloud computing solutions, including Cloud Continuity, Replication, Secure Archive, and Backup, with Dell technology, we?re happy to see Dell recognizing that their channel partner needs vary. Dell has created multiple pillars to meet those needs that strategically align with our own cloud service offerings, enabling us to provide greater value to our customers and prospects alike,? said David Menendes, director of Business Development & Sales, Cloud and Hosted Services, VeriStor Systems, Inc.

The Cloud Services & Solutions Certification is comprised of three primary pillars in providing cloud services and solutions:

• Cloud Builder ? The Partner that operates as a Cloud Builder will offer all the necessary services to design and develop a cloud infrastructure for their customers.
• Cloud Provider ? A Cloud Provider will operate a cloud networking operating center (NOC) enabled with Dell technology to provide cloud services to their customers. These include: Infrastructure as a Service (IaaS), Platform as a Service (PaaS) or Software as a Service (SaaS).
• Cloud Service Enabler ? A Cloud Service Enabler acts as an aggregator or broker identifying, securing and integrating the appropriate set of cloud technologies and services from multiple sources and operates the resulting cloud for their customers through a set of managed services.

In addition to receiving Certified (Preferred or Premier) Partner level pricing and existing Preferred or Premier Partner benefits, partners who provide or wish to provide cloud services and solutions to their customers will receive additional benefits such as:

• Preferred access to Dell?s current and future cloud services and solution offers
• Attractive financing options to provide alternative acquisition options
• Participation in cloud-focused marketing campaigns and access to co-Marketing funds
• Partner-to-Partner Eco-System: Representation as a Certified Cloud Services & Solutions provider in the Find-A-Partner tool
• Engagement by Dell account teams for co-selling/joint opportunities through the Find-A-Partner tool

Additional Information

PartnerDirect Partner Portal (Cloud certification training requirements, prerequisites and business requirements information can be found here)
Direct2Dell blog posts related to PartnerDirect and Dell Channel
Flickr photos and videos related to PartnerDirect and Dell Channel
PartnerDirect on Twitter

About Dell

Dell Inc. (NASDAQ: DELL) listens to customers and delivers innovative technology and services that give them the power to do more. Learn more at www.dell.com.

Dell is a trademark of Dell Inc.
Dell disclaims any proprietary interest in the marks and names of others.

*Research conducted by Techaisle on behalf of Dell based on a sample from Techaisle?s SMB cloud computing technology panel.

Continue reading here:
Dell PartnerDirect Introduces Cloud Services & Solutions Certification

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Related posts:

1. Dell Kicks Off Inaugural Dell Storage Forum, Welcoming Hundreds of Customers and Partners to Learn about Company?s World-Class Storage Technology
2. Dell Announces Its First Public Cloud Offering; Dell Cloud With VMware vCloud? Datacenter Service
3. Customer Feedback Fuels Dell?s End-to-End Solutions Strategy and Shapes Dell World 2011
4. Dell Boomi Helps Enterprises Move To The Cloud With Simplicity
5. Dell Delivers New Storage Solutions for the Virtual Era Built on Its Fluid Data Architecture

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Category: Cloud Services

Source: http://www.enterprisecommunicate.com/dell-partnerdirect-introduces-cloud-services-solutions-certification/

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Video: Trading Block: Oil, Currencies, Futures

Analysis on oil, stocks and currencies, with John Flemy, American Petroleum Institute; Ray Attrill, BNP Paribas, and Ben Lichtenstein, Tradersaudio.com.

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Business & financial news headlines from msnbc.com

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Source: http://video.msnbc.msn.com/cnbc/46890430/

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Magic Johnson group to buy Dodgers for record $2B

Basketball legend turned entrepreneur Magic Johnson tours the Sports Museum of America in New York, Friday, Nov. 21, 2008. A group that includes former Lakers star Magic Johnson and longtime baseball executive Stan Kasten agreed Tuesday night March 27, 2012 to buy the Los Angeles Dodgers from Frank McCourt for $2 billion. (AP Photo/Seth Wenig)

Basketball legend turned entrepreneur Magic Johnson tours the Sports Museum of America in New York, Friday, Nov. 21, 2008. A group that includes former Lakers star Magic Johnson and longtime baseball executive Stan Kasten agreed Tuesday night March 27, 2012 to buy the Los Angeles Dodgers from Frank McCourt for $2 billion. (AP Photo/Seth Wenig)

FILE - In this June 8, 2010, file photo, Los Angeles Dodgers owner Frank McCourt walks by the dugout on the field before the Dodgers' baseball game against the St. Louis Cardinals in Los Angeles. McCourt has announced an agreement Tuesday night, March 27, 2012, to sell the bankrupt team for $2 billion to a group that includes former Lakers star Magic Johnson and former Atlanta Braves and Washington Nationals President Stan Kasten. (AP Photo/Danny Moloshok, File)

FILE - In this June 9, 2009, file photo, Stan Kasten, at the time the president of the Washington Nationals, attends a news conference in Washington. Los Angeles Dodgers owner Frank McCourt has announced an agreement Tuesday night, March 27, 2012, to sell the bankrupt team for $2 billion to a group that includes former Lakers star Magic Johnson and former Atlanta Braves and Nationals President Stan Kasten. (AP Photo/Manuel Balce Ceneta, File)

FILE - In a file photo provided by Childrens Hospital Los Angeles on July 31, 2007, Los Angeles Dodgers owner Frank McCourt announces a new official charity in Los Angeles. McCourt announced an agreement Tuesday, March, 27, 2012 to sell the bankrupt baseball team for $2 billion to a group that includes former Lakers star Magic Johnson and former Atlanta Braves and Washington Nationals President Stan Kasten. (AP Photo/Childrens Hospital Los Angeles, Bob Riha, Jr., File )

FILE - In this Oct. 3, 1995, file photo, Dodger Stadium stands in Los Angeles. Dodgers owner Frank McCourt announced an agreement Tuesday, March 27, 2012, to sell the bankrupt team for $2 billion to a group that includes former Lakers star Magic Johnson and former Atlanta Braves and Washington Nationals President Stan Kasten. (AP Photo/Mark J. Terrill, File)

NEW YORK (AP) ? A group that includes former Lakers star Magic Johnson and longtime baseball executive Stan Kasten agreed Tuesday night to buy the Los Angeles Dodgers from Frank McCourt for a record $2 billion.

The price would shatter the mark for a sports franchise,, Stephen Ross paid $1.1 billion for the NFL's Miami Dolphins in 2009, and in England In Malcolm Glazer and his family took over the Manchester United soccer club in 2005 in a deal then valued at $1.47 billion.

Mark Walter, chief executive officer of the financial services firm Guggenheim Partners, would become the controlling owner.

The deal, revealed about five hours after Major League Baseball owners approved three finalists for an intended auction, is one of several steps toward a sale of the team by the end of April. It is subject to approval in federal bankruptcy court.

"I am thrilled to be part of the historic Dodger franchise and intend to build on the fantastic foundation laid by Frank McCourt as we drive the Dodgers back to the front page of the sports section in our wonderful community of Los Angeles," Johnson said in a statement.

As part of the agreement, the Dodgers said McCourt and "certain affiliates of the purchasers" would acquire the land surrounding Dodger Stadium, including its parking lots, for $150 million.

"If they invested that much money, I'm sure they'll invest to get us a winner," said Tommy Lasorda, the Dodgers' retired Hall of Fame manager. "I wish them all the luck, and I admire them. I know both of them. I know Magic from the day he came into Los Angeles as a basketball player for the Lakers."

The acquiring group, called Guggenheim Baseball Management, has several other investors, among them Mandalay Entertainment chief executive Peter Guber, Guggenheim Partners president Todd Boehly and Bobby Patton, who operates oil and gas properties among his investments. Kasten is the former president of the Atlanta Braves and Washington Nationals.

"I am truly honored to have partnered with such talented individuals and to be associated with the Dodgers organization," Walter said. "We look forward to building upon the legacy of the Dodgers and providing long-term stability to one of the most revered franchises in baseball."

The 52-year-old Johnson played 13 seasons for the Los Angeles Lakers, winning five NBA championships and three MVP awards.

He retired from the NBA in 1991 after being diagnosed with HIV, the virus that causes AIDS. He briefly came out of retirement during the 1995-96 season and had a short stint coaching the Lakers. Since leaving basketball, he has been hugely successful in business, investing in movie theaters, a production company and restaurants.

He has also been an activist in the fight against HIV.

Kobe Bryant, speaking after the Lakers' 104-101 victory at Golden State Tuesday night, said this about Johnson's group acquiring Dodgers:

"I'm upset he didn't cut me in," Bryant said. "I'm going to have to talk to him about that."

McCourt paid $430 million in 2004 to buy the team, Dodger Stadium and 250 acres of land that include the parking lots, from the Fox division of Rupert Murdoch's News Corp., a sale that left the team with about $50 million in cash at the time. The team's debt stood at $579 million as of January, according to a court filing, so McCourt stands to make hundreds of millions of dollars even after a $131 million divorce payment to former wife Jamie, taxes and legal and banking fees.

Kasten is expected to wind up as the team's top day-to-day executive.

The other two finalists were:

? Stan Kroenke, whose family properties own the NFL's St. Louis Rams, the NBA's Denver Nuggets, the NHL's Colorado Avalanche and Major League Soccer's Colorado Rapids, and who is majority shareholder of Arsenal in the English Premier League.

? Steven Cohen, founder of the hedge fund SAC Capital Advisors and a new limited partner of the New York Mets; biotechnology entrepreneur Patrick Soon-Shiong; and agent Arn Tellem of Wasserman Media Group.

It remains to be seen whether Major League Baseball will challenge the deal in U.S. Bankruptcy Court in Delaware, where the case is before Judge Kevin Gross.

Under an agreement reached by MLB and McCourt in November, a private auction was to be held among the finalists and McCourt was to select the winner by Sunday. The sales agreement is to be submitted to the bankruptcy court by April 6, ahead of a hearing seven days later, and the sale completed by April 30, the day McCourt is to make the divorce settlement payment.

"This agreement with Guggenheim reflects both the strength and future potential of the Los Angeles Dodgers, and assures that the Dodgers will have new ownership with deep local roots, which bodes well for the Dodgers, its fans and the Los Angeles community," McCourt said in a statement.

The acquiring group would gain the ability to sell the Dodgers' local broadcasting rights starting with games in 2014. The Guggenheim group likely would use money gained from the sale ? or form the team's own network with outside investment ? and use those funds to pay down the acquisition debt.

"The amount of leverage is a big question," said Marc Ganis, president of the Chicago-based consulting firm Sportscorp, which is not involved. "The likely scenario is that they have a broadcasting deal in mind so that they pay up now and pay themselves down from a big broadcasting upfront payment.

"The problem with this strategy is that the more paid upfront by the broadcast deal, the less money is available for team operations. The more debt they take on, the more debt service is required, the less money that's available for team operations. With the only beneficiary being the man walking out the door. A challenging result that baseball tried to avoid."

The current record for a baseball franchise is the $845 million paid by the Ricketts family for the Chicago Cubs in 2009. In England, Malcolm Glazer and his family took over the Manchester United soccer club in 2005 in a deal then valued at $1.47 billion.

The Dodgers filed for bankruptcy protection in late June, just days before the team was expected to miss payroll. The filing came after baseball Commissioner Bud Selig refused to approve a 17-year agreement between the Dodgers and Fox's Prime Ticket subsidiary that would have been worth $2 billion or more. MLB feared McCourt would use about half of an intended $385 million cash advance to fund his divorce.

Los Angeles finished third in the NL West last season at 82-79, had just three sellouts and fell short of 3 million in home attendance in a full season for the first time since 1992. There was some concern among MLB officials about the financing of the Walter bid because some of the money was coming from insurance companies that are owned by Guggenheim. A person familiar with the baseball owners' teleconference Tuesday said several team owners voiced that during the call. The person spoke on condition of anonymity because MLB did not make any announcements.

"The problem there is a fundamental problem as you go into an auction, and that is the absolute reliance on other people's money," Ganis said. "It means a lot of regulators. It means either shareholders or, depending on which insurance companies it's coming from, the insured themselves."

Kasten was hired as legal counsel of the Atlanta Braves and the NBA's Hawks in 1976, and three years later became the NBA's youngest general manager at 27. He was promoted to president of the Braves and Hawks in 1986 and also became president of the NHL's Thrashers in 1999. After leaving the Atlanta teams in 2003, he became president of the Washington Nationals from 2006-10.

Dodgers general manager Ned Colletti had dinner with Kasten in Glendale, Ariz., the team's spring training home.

"He's very successful, very driven, relentless in his pursuit of excellence," Colletti said. "He's seen a lot and he's won a lot."

The Dodgers have won six World Series titles but none since 1988, when they were still owned by the O'Malley family that moved the team from Brooklyn to California after the 1957 season. Fox bought the team in 1998, then sold it to McCourt.

Colletti, whose baseball moves appear to have been constricted because of the team's financial problems, says the sale announcement brings "clarity."

"It's time to turn the page and move toward a new chapter in the history of the Los Angeles Dodgers," he said.

___

AP Sports Writer Antonio Gonzalez contributed to this report.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2012-03-28-BBN-Dodgers-Sale/id-bef8af56d6ca4dc3978d194e66503225

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'Freezing' Secondary Breast Cancer Tumors Shows Promise

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Guest Blogger Kathleen Boozang: A New Insurance Product ...

? Oral Argument Files | Main

March 26, 2012

Guest Blogger Kathleen Boozang: A New Insurance Product: Responsible Corporate Officer Defense Insurance

Unsurprisingly, the market has responded to the new risks corporate officials in the life sciences industry face if their companies commit crimes that threaten the public?s health.? On February 7, 2012 insurance broker Marsh USA and insurer Allied Assurance Co. unveiled a new product, called RCO Corporate Response, ?which provides insurance coverage for pharmaceutical, life sciences, and health care corporate officers who may be held liable for their companies? actions under the Responsible Corporate Officer (RCO) doctrine.??

For those who are rusty, The Responsible Corporate Officer Doctrine allows for the conviction of a high-level corporate official (ambiguity of terminology suggests that directors could be liable as well) whose company has violated the Food, Drug and Cosmetic Act irrespective of the official?s knowledge or involvement in the offense if the individual occupied a position that had a relationship with the unit that violated the statute, should have known about the activity, and had the authority to intervene. In short, the government need not produce evidence that the corporate official participated in or was aware of the illegal conduct. Potential penalties include fines, imprisonment, and debarment from the FDA.? As shall be discussed further, these penalties can lead to exclusion from Federal healthcare programs.

The Doctrine, which was first articulated by the Supreme Court in U.S. v. Dotterweich in 1943, was affirmed in 1975 in U.S. v. Park (and so sometimes referred to as the Park Doctrine).? The Dotterweich Court expounded on the rationale for imposing such a hardship on corporate defendants not actually involved in the illegal conduct: the welfare of unwitting consumers who have no ability to protect themselves against dangerous products and services must prevail over the hardship the Doctrine creates for the corporate executive with the position, responsibility and power to protect the public. The Park Court emphasized that guilt was not based solely on the defendant?s corporate position and explicitly recognized an affirmative defense where the defendant is ?powerless to prevent or correct the violation.?

The Doctrine has been rarely used, so fast forward to 2007, when the corporate entity Purdue Frederick pled guilty to a felony of misbranding along with the CEO, Chief Medical Officer and Chief Legal Officer who plead to misdemeanor misbranding pursuant to the Responsible Corporate Officer Doctrine. The convictions arose from Purdue Pharma?s off-label promotion of OxyContin, which the FDA approved in 1995 to manage chronic moderate to severe pain.? From 1995 until 2001, contrary to the package insert and evidence on the ground, a number of Purdue employees promoted OxyContin ?as less addictive, less subject to abuse and diversion, and less likely to cause tolerance and withdrawal,? as subject to fewer peak and trough blood level effects, and producing less euphoria than other pain short-action opioids. These representations apparently occurred in some instances at supervisors? urging, or as a result of sales training.

OxyContin became the number one prescribed Schedule II narcotic in the United States, with 5.8 million prescriptions in 2000.? OxyContin revenues reached approximately $3 billion in June 2001, accounting for 80% of Purdue Pharma?s revenue.? Despite its various troubles with OxyContin, Purdue Pharma never saw a dip in its revenues.? Effective August 9, 2010, Purdue discontinued manufacturing and distributing the original formulation, replacing it with an FDA-approved reformulation that is apparently more difficult for abusers to penetrate by cutting, breaking, crushing or dissolving.

OxyContin is an effective and efficient analgesic.? In addition to its legitimate use, however, OxyContin became very popular as a street drug, either taken orally, injected, or crushed, which circumvented the controlled release mechanism and allowed a more rapid and intense heroin-like high.?? The legal complications began when Appalachia experienced particular challenges with Oxy diversion, leading to criminal charges by the U.S. Attorney for West Virginia against what appears to have essentially been a shell corporation, Frederick Purdue, as well as three senior corporate officers.? Notably, Purdue Parma, L.P. which is the corporate entity that actually sells OxyContin as well as the company?s other pain medications, was not charged, thereby enabling it to continue to submit drug applications to the FDA and have its products paid for by the Federal healthcare programs.? Frederick Purdue and its executives agreed to plead guilty and pay fines totaling $634,515,475. Almost immediately, the HHS OIG used its discretionary exclusion power to debar all three executives from participating in Federal healthcare programs for twelve years.? The executives were unsuccessful in every level of administrative and judicial appeal. In retrospect, the Purdue Parma execs may feel relieved after hearing that three Synthes executives received multi-month prison terms in addition to their fines pursuant to the RCO Doctrine for their company?s conduct of unauthorized clinical trials of bone cement in which three patients died.

On the heels of this success, the FDA announced that it was increasing its use of misdemeanor prosecutions against responsible corporate officials.? The agency unveiled its internal agency guidance for determining when to forward a case to the Department of Justice for a "Park Doctrine Prosecution".? The guidance provides that a first time conviction for a violation of the FDCA will be a misdemeanor, with the second resulting in a felony.? Further, some misdemeanor convictions can result in debarment by the FDA.? Most importantly for this discussion, the guidance states that ?Knowledge of and actual participation in the violation are not a prerequisite to a misdemeanor prosecution but are factors that may be relevant when deciding whether to recommend charging a misdemeanor violation.?? The guidance enumerates the following additional criteria:

• The individual?s position in the company; relationship to the violation; whether the official had the authority to correct or prevent the violation
• Actual or potential harm to the public
• Obviousness of the violation
• Existence of a pattern of illegal behavior and/or failure to heed prior warnings
• Whether the violation is widespread
• Seriousness of the violation
• Quality of the legal and factual support for the proposed prosecution
• Whether prosecution is a prudent use of agency resources

Within the same week, Lewis Morris, Chief Counsel to the Inspector General of Health & Human Services testified before the House Ways and Means Committee that the OIG would review the case of any individual convicted pursuant to the RCO Doctrine for exclusion from participation in Federal healthcare programs.? This, Mr. Morris testified, will overcome the barriers presented by corporations? attitude that they are too important to the healthcare system to criminally prosecute and that fines are simply a cost of doing business.?? Mr. Morris assured the House Committee that the OIG would use this tool judiciously, employing a presumption in favor of exclusion only ?when there is evidence that an executive knew or should have known of the underlying criminal misconduct of the organization.?? The HHS OIG criteria for permissive exclusions from Federal healthcare programs includes a consideration of the entity?s misconduct, including whether it is part of a pattern of conduct and whether it caused harm to beneficiaries; the individual?s role in the sanctioned entity with a focus on degree of managerial control or authority and the position?s relation to the underlying misconduct and whether the misconduct occurred in the individual?s chain of command; and finally, detailed information about the nature of the sanctioned entity including its size, revenues, organization and structure.??

With this background, one wonders how the new RCO insurance policy would work in these cases????

The benefits of the policy include coverage for:

• Defense costs incurred in the investigation or defense of any misdemeanor criminal proceeding, administrative proceedings brought pursuant to the RCO doctrine, as well as debarment proceedings.
• Defense cost coverage for potential RCO claims.
• Lost future compensation resulting from exclusion/debarment.
• ?Recoupment loss? and/or clawback awards, which is the value of any compensation that must be returned or repaid by an insured person as a result of a judgment, decision, or settlement of an RCO claim.

An obvious omission from this list of benefits is the actual fines that are levied as part of the conviction, which are generally in the hundreds of millions. This is undoubtedly because insuring such risk would be against public policy.? Not mentioned on the web site, but revealed in an interview with the Philadelphia Inquirer is that policy exclusions ?might? kick in if evidence exists that the insured engaged in affirmative conduct that resulted in conviction. PharmaLot uncovered the same caveat in its interview with Jack Flug, a managing director at Marsh:? ?If the government decided the target knew what was going on and intentionally did something wrong, the coverage would cease. The intent factor is critical.?? Again, maybe dictated by public policy concerns.

But how will this work in practice?? Recall that the FDA?s Park Doctrine guidelines ? ?Knowledge of and actual participation in the violation are not a prerequisite to a misdemeanor prosecution but are factors that may be relevant when deciding whether to recommend charging a misdemeanor violation.?? DOJ will employ a presumption in favor of exclusion only ?when there is evidence that an executive knew or should have known of the underlying criminal misconduct of the organization.??? These criteria raise questions of just how the insurance company is going to ferret out evidence of intent, or whether it will use the language of these two government agencies to create its own presumption that intent exists once a conviction occurs, unless the insured can prove otherwise. Ultimately, there?s a real question of just how many payouts will actually be made under these new RCO policies.?

Another question, obviously, is whether prosecutors engaged in settlement negotiations will allow these insurance policies to be invoked.? U.S. v. Stein, the 2008 opinion in which the Second Circuit held that prosecutors? threat to indict KPMG if it paid its employees? legal fees violated the employees? Sixth Amendment rights to assistance of counsel, sheds one possible perspective on the outcome of this question.

Finally, the Marsh?s policy description does not mention covering directors, though one would have to imagine it would be willing to sell such a policy if so requested.? While it has yet to happen, , given their aggressive stance, that the FDA and OIG would not miss the opportunity, with the right facts, to? pursue the Responsible Officer Doctrine against a board member, perhaps on the Audit Committee.

A final twist: according to the Inquirer, upon learning of the new policy, Secretary of Health & Human Services Kathleen Sebelius replied, "I don't practice law on a regular basis, but usually you can't insure yourself as a bank robber for robbing banks. That is intriguing. I'd like a list of their customers because that would give us a pretty good target of people to go after."

- Kathleen Boozang

March 26, 2012 | Permalink

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