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Killexams : Alibaba Associate exam contents - BingNews https://killexams.com/pass4sure/exam-detail/ACA-Sec1 Search results Killexams : Alibaba Associate exam contents - BingNews https://killexams.com/pass4sure/exam-detail/ACA-Sec1 https://killexams.com/exam_list/Alibaba Killexams : Which Law Firms Will Advise Jack Ma on His Plans for Alibaba and Ant?

As Alibaba Group looks to upgrade its secondary listing in Hong Kong to a primary status, all eyes are on which firms will handle the tech giant’s latest play.

When it listed in the New York in 2014, raising $25 billion in what was then the world’s largest ever initial public offering (IPO), it was represented by its lead legal advisors, Simpson Thacher & Bartlett and Fangda Partners.

The Chinese conglomerate was again advised by the Simpson Thacher and Fangda when it sought a secondary listing in Hong Kong in 2019, in which it raised another $13 billion.

The underwriters for both listings were advised by King & Wood Mallesons and Freshfields Bruckhaus Deringer.

Now Alibaba has announced that it is seeking to upgrade its secondary listing in Hong Kong to a primary status. Its legal advisors are likely the same quartet, none of which responded to requests for comment.

For Fangda, Alibaba is one of the firm’s most high profile, longtime clients. The firm has advised the technology giant many of its strategic acquisitions and investments over the years. It also represented Ant Group, Alibaba’s fintech affiliate, in a $14 billion funding round in 2018. Former Fangda chair, Jonathan Zhou, left the firm in 2020 to join Ant Group as general counsel.

It’s a similar tale for Simpson Thacher, the firm’s former corporate partner Leiming Chen is now a director at Ant Group, having joined in 2016 as Zhou’s predecessor. Chen is now senior vice president at Ant Group, and heads up the company’s international government and policy matters. For Alibaba’s 2014 debut in the U.S., Simpson Thacher reportedly raked in $16 million in legal fees. The firm has since continued to represent Alibaba on several transactions including a $4.6 billion investment in Chinese e-commerce platform Suning.com in 2015, and a $5 billion senior notes offering last year.

Alibaba’s plans in Hong Kong will help the company hedge against the risks of being delisted in the U.S. 150 Chinese companies are facing the threat of being expelled from American bourses as early as next year, as China and the U.S. have so far failed to come to an agreement on auditing access.

For now, Alibaba will keep its American depositary shares on the New York Stock Exchange. Other Chinese companies including electric vehicle manufacturers Xpeng and Li Auto have already launched dual-primary listed stocks in Hong Kong last year, raising $2 billion and $1.5 billion, respectively. Sullivan & Cromwell and Fangda Partners advised Xpeng, Li Auto was advised by Skadden, Arps, Slate, Meagher & Flom and Han Kun Law Offices.

News of Alibaba’s Hong Kong listing upgrade coincides with reports of Jack Ma’s plans to provide up control of Ant Group, as part of the fintech giant’s effort to distant from affiliate Alibaba.

Both companies, founded by Ma, have faced significant pressure from Chinese regulators, that have worked to curb the expansion of Alibaba. As part of that, Alibaba received a $2.7 billion antitrust fine last year.

Based in Hangzhou, Ant Group operates one of China’s most popular mobile financial apps— Alipay. Its $34 billion IPO in Hong Kong, advised again by Simpson Thacher, Fangda, Freshfields and King & Wood Mallesons, was also derailed. Ant has since been ordered to restructure as a financial holding company so it will be regulated by China’s central bank.

New Chinese regulations has since thwarted several other stock debuts by other Chinese companies. Skadden and Simpson Thacher were advising Chinese ride-hailing giant Didi Chuxing’s on its $4.4 billion New York IPO. Didi’s success was shortlived as days later the Cyberspace Administration of China announced that it had opened a national security investigation of Didi, and later ordered app stores in China to stop offering Didi’s product because it collected “personal information in violation” of Chinese laws and regulations.

Fri, 29 Jul 2022 10:16:00 -0500 en-us text/html https://www.law.com/international-edition/2022/07/29/which-law-firms-will-advise-jack-ma-on-his-plans-for-alibaba-and-ant/?slreturn=20220708180320
Killexams : Lessons for Manufacturers and Dealers in Federal Court’s Denial of Request for Injunction Under Dealership Statute

Monday, August 1, 2022

The U.S. District Court for the District of Puerto Rico has recently ruled on a case dealing with Puerto Rico’s Dealer’s Contracts Act, also known as Law 75. Law 75 prohibits principals or suppliers from impairing their contracts with dealers without just cause, including arbitrary termination of a contract after a dealer has created a market for the products at issue. In Jose Santiago Inc. v. Smithfield Foods, Inc., the Court ruled in favor of the defendant manufacturer, Smithfield, after the plaintiff dealer, Santiago, brought suit complaining that Smithfield breached the exclusivity provision of their distribution agreement.

In 1995, Santiago entered into a distribution agreement with Farmland Foods, which later became part of Smithfield. Santiago remained the exclusive distributor for Farmland products. Santiago would later contend that Smithfield promised that it would remain the exclusive distributor not only for Farmland products but also for all of Smithfield’s products, too. Smithfield disputed this allegation.

In May 2020, Smithfield informed Santiago that Smithfield would be consolidating its Farmland brand with Smithfield products and that another distributor in Puerto Rico, Ballester Hermanos, Inc., would have the right to sell Smithfield products. In a cease-and-desist letter, Santiago charged Smithfield with violating its right to be the exclusive distributor of all Smithfield products in Puerto Rico. Smithfield countered that, at best, Santiago was the exclusive distributor for Farmland products only. Smithfield offered Santiago a non-exclusive distributorship for Smithfield products. Santiago rejected the offer.

Santiago filed suit claiming Smithfield had threatened to stop supplying Santiago with Smithfield products unless it agreed to the non-exclusive distributorship it had previously rejected. Santiago sought an injunction to stop Smithfield from terminating its supply of products, claiming it would suffer irreparable harm without access to Smithfiled products. In spite of Santiago’s pleading on what kind of harm it stood to suffer, Law 75 actually only requires that a court consider the interests of the parties and the statute’s public policy.

 As a threshold matter, the Court held that Santiago was a dealer entitled to the protections of Law 75. Prior court decisions have laid out factors to consider in determining whether an entity is a dealer under Law 75: Does the alleged dealer promote products, maintain inventory, establish prices, extend credit, advertise or purchase products, maintain facilities, or offer services related to the products it sells? The Court held that Santiago was a dealer because it performed many of these functions.

Next, because Law 75 only came into play if a supplier was threatening a dealer’s contractual rights, the Court turned to whether a relevant agreement existed between the parties. While Santiago did have a contract to be the exclusive dealer of Farmland products, there was no such agreement for the distribution rights for Smithfield products. Indeed, Smithfield had offered terms for one, but Santiago had rejected them.

The Court further observed the parties’ course of dealing could themselves establish a contractual relationship for the right to exclusive distribution of Smithfield products, but here the Court held the parties’ dealings did no such thing. The parties’ relationship bore none of the hallmarks of an exclusive distribution arrangement: There was no minimum product volume Santiago had to purchase, any minimum volume Smithfield had to sell, or any obligation on the part of Santiago to order anything at all, or likewise for Smithfield to sell.

Finally, the Court held that Smithfield was not operating in bad faith. It undertook consolidation of the Farmland brand to eliminate redundancy. Smithfield had offered exclusive distribution rights to Santiago, albeit not over as many products as Santiago wanted. Thus, Santiago lacked an exclusive distribution arrangement with Smithfield for all of its products because the parties had reached an impasse in their negotiations over such an agreement. On these grounds, the Court denied Santiago’s request for injunction requiring Smithfield to fulfill Santiago’s product orders.

Jose Santiago Inc. v. Smithfield Foods, Inc. is an example of a court’s common-sense studying of an applicable dealer statute. It emphasizes the importance of agreements with clear terms and the danger in relying on a course of dealing through which to enforce alleged contractual rights.

This article was written with the assistance of summer associate Sophia Pfander.

Sun, 31 Jul 2022 12:01:00 -0500 en text/html https://www.natlawreview.com/article/lessons-manufacturers-and-dealers-federal-court-s-denial-request-injunction-under
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Wed, 12 Aug 2020 13:31:00 -0500 en-us text/html https://www.unr.edu/degrees/online-programs
Killexams : Flexible AV at The Spine has created a monument to health and wellbeing The new building for the Royal College of Physicians is a monument to health and wellbeing. Paul Milligan went to see how flexible AV plays a huge part in stimulating the body and mind.

The Spine, the Royal College of Physicians’ (RCP) new £35 million northern headquarters in Liverpool, takes its name from a staircase that resembles human vertebrae. The clever architectural design - by architectural and building consultancy practice AHR - doesn’t end there. The façade takes its design from the human skin, the Voronoi pattern includes 23 million individual polygons applied to the glazing of the building. This mathematical pattern, found in biology, medicine and epidemiology, assists in solar control within the building (local taxi drivers have dubbed it ‘the giraffe’). The Spine is one of the first buildings in the UK designed to achieve the prestigious WELL Platinum standard and is one of the healthiest workspaces for mental and physical wellbeing in the country.

The RCP is the oldest medical college in England. Its 40,000 members work in hospitals and the community across 30 different medical specialties and range from medical students to retired doctors. The RCP was looking for a new building outside of its London home, and once it chose the city of Liverpool, the process of designing and building The Spine began.

The Spine is located within the £1 billion Paddington Village development, which has been created to boost the study and research of life-science, healthcare and technology industries in the city’s Knowledge Quarter. RCP at The Spine in Liverpool provides events, activities and services to its members in the north of England and helps to achieve its vision of a world in which everyone has the best possible health and healthcare.

The bottom three and top four floors of The Spine provide a centre of clinical excellence for the RCP, as well as an award-winning event venue, Spaces at The Spine. The remaining seven floors offer modern workspaces for organisations in those sectors mentioned above.

Upon entering The Spine for the first time, visitors are immediately stuck by one of the major areas of biophilic intervention, rather than a standard atrium found in a typical commercial building, The Spine features a series of double height spaces known as vertical villages which represent lungs in the building. Whilst improving connectivity between the floors with helical stairs, the spaces contain a mix of plants and trees to reduce both carbon dioxide and toxin levels in the building whilst also producing oxygen.

The building was designed by Rob Hopkins for architects AHR, the technology consultant on the project was Recursive and the system integrator was Pure AV. Recursive were first contacted by Ben Pain, head of AV resources at the RCP, three years ago and after initial conversations were invited to participate in the competitive tender. “I think it was our previous experience with other similar, unique institutions that probably won through. We understood this wasn't just going to be a normal office building,” says Paul Marshall, senior technology consultant, Recursive. Pure AV won a competitive tender after initially being contacted personally by Pain, after receiving recommendations on their work from peers in the AV User Group and LTSMG (Learning & Teaching Spaces Managers Group) and began working on the first phase of the project when a test site was created using two floors of a building across the road from The Spine while construction took place. Pain has been involved with the project for six years and the process has been a labour of love for him, and one ‘with a difficult birth’ he admitted.

The first AV in the building can be found in the reception area in the form of two 1x2 LG videowalls, driven by Tripleplay digital signage players and Datapath processors. The entrance is also home to portable 1.9mm pixel pitch LED digital totem displays from NEC, used for wayfinding and event registration. Alongside the plant life in the reception area, the ground floor is also home to The Base café and an elegant double-ceiling-height events space called The Steps. The first floor is a membership space and also a space for smaller companies or small medical organisations that want to have a presence in Liverpool. It’s home to a member’s lounge which features an 86-in LG LFD, Tripleplay digital signage player, Neets soundbar, a 5-in touchpanel from QSC, and like the other AV-enabled spaces in the building features the ability to send/receive content from anywhere else in The Spine, thanks to QSC AVoIP system. a Mersive wireless presentation system provides the ability for wireless presentations.

A meeting room on the first floor is typical of ones around the building, it features a 65-in LG LFD, Logitech conference camera, Extron screen controller and room sensors, Onelan Reserva Edge room booking panels and the Mersive platform.
The tenth floor is a workspace area, and features six meeting rooms and a breakout room, with LG LFDs, Logitech Tap meeting room touch controllers and conference cameras, Onelan Reserva panels and Extron room sensors and screen controllers.
Visitors to the eleventh floor could be forgiven for thinking they have walked into a hospital, as it features 28 medical consultation rooms. It is in these Dinwoodie and Jerwood exam Rooms where RCP members take part in PACE and OSCE medical assessments and exams, to perfect ‘bedside manner’ or tests to find the right diagnosis. There is a central AV control desk, deliberately modelled as a hospital nursing station, from where examiners can speak to all rooms or individual rooms, they can hear audio individually from one room or all rooms, and they can send audio to the lift lobby, the patient holding room, the examiner rooms, the exam corridors and the reception area.

Because exam sessions are timed, bespoke clock software has been installed which integrates into both the QSC media playback system and the TriplePlay digital signage system. AV in the rooms is the same, but the rooms are different shapes for different scenarios. All 28 rooms feature a 43-in LG LFD, Tripleplay digital signage player, 180-degree ceiling mounted camera, Clockaudio beam forming Dante mics suspended from the ceiling (so as to be unobtrusive as possible), Onelan Reserva panels and Cloud ceiling speakers. This floor provided one of the biggest design and implementation challenges of the projects admits Marshall. “This is an example of stretching a piece of equipment to do something it’s not necessarily designed to do. We’re actually using CCTV technology that’s tied into the (QSC) Q-SYS system. We’re also getting audio into the CCTV system and back out again.” All 28 rooms can be used an individual meeting rooms, and each one has the ability to host Teams calls.
The floor also houses patient and examiner holding rooms. During exams the examiners, patients and candidates are kept separate between exams and the debriefs that follow are held in these spaces.

On the twelfth floor, visitors will find more stunning use of AV technology in education and event spaces Six, Seven, Eight and Nine, as well as Spaces Four and Five, the Wolfson Lecture Theatre and the Wolfson Virtual Theatre. The four spaces can function individually or be joined together via divisible walls. 

Audio is provided in each space via Bose MA12 line arrays, Cloud subs, with Bose speakers and Sennheiser TeamConnect 2 mics fitted in the ceiling. The display in each room is a massive 98-in NEC interactive screen, QSC touchpanels control the in-room AV, with QSC front and reverse PTZ cameras and AVoIP encoders completing the picture alongside Mersive and Onelan
as previously mentioned. These rooms represent a design philosophy you will see repeated around the building – cables are at minimum, and AV is out of the way, there to do a job, not to be seen.

The Wolfson Lecture theatre seats 48 people, and display technology is provided around the room via one 98-in interactive NEC displays and one 98-in LG display (with custom bezel to fit nicely beside the larger interactive display) and six 43-in LG repeater and confidence screens. Control is via an 11-in QSC touchpanel, audio is via Sennheiser TCC2 ceiling and speech line digital wireless handheld and lavaliere mics, Cloud subs, and Bose speakers. Additional presentation technology is provided via Kaptivo boards and an Elmo visualiser. The Wolfson Virtual theatre is a nod to a more streaming/remote learning/video conferencing future. It can seat between 16-24 in the room itself (depending on seat config), but via an LG LCD 3x6 videowall a lecturer can also include up to 48 additional participants on the videowall to join in too.

Pain explains how it works; “The lecturer can talk to all of them as a group and can then split them into separate groups to do breakout work. The whole thing is recorded. As a lecturer you can split into four screens and people join via WebRTC. The lecturer can see all of them - who’s got their hand up, who doesn’t have their hand up etc. Everybody on the other side has the opportunity to present their screen if they need to.” The sessions are run through the MashMe collaboration software, audio in the space is provided by Bose speakers hidden above the videowall behind acoustically transparent cloth. The Virtual Theatre is more akin to a live TV production studio than a lecture theatre, but this is undoubtedly how the majority of these spaces will be designed over the next decade to meet hybrid working/learning demands. Dante-enabled portable Bose speakers are also provided to allow the room to be opened out into the foyer serving as a breakout space for larger events.
Finally, the top floor of the building features destination dining space The Axis, boasting stunning panoramic views across Liverpool (The Spine is at the highest viewpoint in Liverpool). A lot of the AV already mentioned (86-in display, Bose speaker, Onelan Resevera QSC backbone, etc.) is integrated in The Axis to facilitate its use as an event space.

The floor also features two additional event spaces (Spaces One and Space Two), which can be combined into one larger space for up to 330 people via a central divisible wall. Each room features two 98-in LG displays in bespoke cabinets, which also house more AV kit (eg QSC PTZ cameras). The rooms also feature an AV control desk for the in-hours AV team to run during events.

Did the finished project differ much from the original plans during such a ‘difficult birth’? “I don’t think it fundamentally changed. It did evolve of course,” says Richard Smith, associate director, Recursive. “It was always about flexibility and about not being locked into a particular way of doing something.” There were two significant challenges in this project according to Recursive, Covid struck right in the middle of the design stage, impacting on supply and fit-out. The other was the network. “We were stretching the manufacturer’s technology in terms of use. All of the manufacturers have different levels of quality of service and different requirements, so fitting it all onto one network, and then making sure that traffic passes correctly without glitches between the necessary systems is tough. We’ve got assistive hearing systems, AVoIP, Dante, Q-SYS, Tripleplay, telephony, and they’ve all got their own different set of unique requirements and white papers, detailing down to the binary level in some cases, of the requirements they need. That was a huge challenge for Pure AV but also the RCP’s network team, in terms of not being familiar with AV as a networked system. It was a steep learning curve for all, but everyone reacted extremely well to being able to find out what these problems are and determine whether it’s a problem with the hardware or the firmware, whether it’s a physical problem with the cabling on patching, or whether it’s a network configuration problem,” explains Marshall.

QSC’s Q-SYS platform was absolutely fundamental to this project, in order for the AV to be moved around The Spine, and for cables to be minimised, it had to take on a massive workload, and be incredibly reliable. In fact, the original number of network points was tripled from the first M&E plan once Recursive has decided the network was going to host all the AV. “It gives us flexibility,” explains Smith. “It’s a data point, it might be carrying audio now, but next week it could be video, or it could be repurposed as a WAP.”

The challenge for Recursive and Pure AV was that Q-SYS was so new at the time of install. “It was fresh out of the box. We’d seen early development concepts of it, so it was a learning curve for us in terms of how to design the system and the  limitations and requirements of that,” says Marshall. “The control element had never been used quite to the extent we’re using it here. It’s well established in the audio world, but we were stretching the control and video elements and the philosophy of being able to move any signal from any room to any other room,” adds Smith. “Nothing’s physically connected, everything’s very heavily reliant on the network, that had its challenges in itself, because there was very little we could test until the network was in place. And the network wasn’t in place until the building was handed over,” says Daniel Saville, system designer and product manager, Pure AV. “There’s a lot going on in the background here. It’s very simple at the front end, but if you go to the comms rooms there’s a lot in the background that’s making everything here work.”

Did the strong architectural desires of this project create difficulties for Recursive and Pure AV in designing complimentary AV systems? Thankfully not it seems, “We loved working with AHR to make sure that the technology is an integral part of it, rather than something that is bolted on later on,” says Smith.

Speaking to everyone involved, it’s clear this is a project that has only finished phase one, there are immediate plans to adapt and Strengthen on what is already a flagship project. Has the project achieved its aims from an AV point of view? “Absolutely,” says Pain. “We have a building that offers a level of flexibility that I don’t think many other buildings offer. We are a membership organisation, we’re an educational organisation, we’re a training body, we’re a research space, we have small museum status and we’re a commercial venue. And we’re doing all that over seven floors. “We needed AV that did more than one thing and did all the things that it did well. And we’ve got that.”

KIT LIST

Audio
Allen & Heath SQ-5 mixing desks
Apart Audio PMR4000RMK11 media players
Atterotech UND4I-L Dante I/O interfaces
Audinate analogue/Dante converters
Biamp TCM-1, TCM-X-EX mics, Forte CI AVB DSP
BlackMagic ATEM 1 M/E video switcher
Bose MA12, DM3C, DM6SE, DM5C loudspeakers, DM8C subwoofers
ClockAudio C303W-D beam forming Dante mics
Cloud CS-CSUB8W subwoofers
Crown amplifiers
Extron SM3, SM4 loudspeakers, MPA152 amplifiers
Glensound Dark 16AO Dante I/O interfaces
Neets SB1 soundbars
Revolabs HD mic receivers
Sennheiser TeamConnect 2 mics, MobileConnect assistive hearing system, MZH 3015 gooseneck mics, lapel mics, handheld mics,
Stewart Audio AV 8-2-LZ Dante amplifiers
Yamaha XMV8140-D, XMV4140-D Dante amplifiers

Video

Aten US3344i USB matrix
Datapath FX4 video processors
Dynascan DS551DR4 55-in dual displays
Elmo visualisers
Elo 2202L touch monitors
Extron HD CTL 100 screen controllers, OCS 100 room sensors, DTP HDMI 4K 230 Tx DTP transmitter
Kaptivo digital whiteboards
Lindy USB Hubs
LG 43-in, 49-in, 65-in, 86-in, 98-in LFDs, 55-in videowalls
Logitech Meetup conference cameras, PTZ Pro cameras, Tap VC touchscreens
MashMe collaboration software
NEC 98-in interactive LFDs
Netgear GS716Tv3 AVB network switch
Onelan Reserva Edge room booking displays
Mersive Solstice Pods
NEC 1.9mm LED Digital Posters
Samsung Flip interactive displays
Tripleplay digital signage player
QSC TSC-55W-G2, TSC-116W-G2-BK touchpanels, Q-SYS Core 110f processor, NV-32-H AVoIP encoder
Viewsonic CDE6561T 65-in interactive

Fri, 22 Jul 2022 01:51:00 -0500 en text/html https://www.inavateonthenet.net/case-studies/article/flexible-av-at-the-spine-has-created-a-monument-to-health-and-wellbeing
Killexams : Commentary: Limiting commercial speech would be way to fight gun manufacturers

In a latest article, "Gun sellers' message to Americans: Man up," the New York Times wrote, "Gun companies have spent the last two decades scrutinizing their market and refocusing their message....The sales pitch — rooted in self-defense, machismo and an overarching sense of fear — has been remarkably successful." That's correct, but legislatures might have an opportunity to reduce or even eliminate such tactics, which as the article put it, "woo millions of men who liked to buy gear that made them feel like soldiers and the police."

The $73 million settlement between the parents of the children slain in Sandy Hook on Dec. 14, 2012, and the now-bankrupt Remington Arms might provide a blueprint. The Sandy Hook parents did not sue based on Second Amendment principles; they relied on the First Amendment to support their claims.

The Sandy Hook parents were able to sue Remington using the Connecticut Unfair Trade Practices Act, which prohibits advertisements that "promote or encourage violent, criminal behavior." If state consumer protection acts provide an avenue to punish unethical, immoral and unscrupulous marketing tactics by gun manufacturers then Congress can craft legislation to ban such tactics and rely on the First Amendment to have its back.

The Sandy Hook parents argued that words matter, that they set the stage for action and that advertising the gun as a civilian weapon designed for combat and using language that promotes the assaultive qualities and military uses of AR-15s incites violent behavior in weak, immature and mentally unstable persons. The parents demanded that the gun manufacturers be held financially liable for the injuries resulting from their provocative marketing. Under their theory, the First Amendment prohibitions against harmful commercial speech protects the innocent without affecting the guardrails of the Second Amendment.

Because the lawsuit was settled, the Sandy Hook plaintiffs were never required to prove the truth and accuracy of their accusations — that the advertising and marketing tactics of the Bushmaster AR-15 defendants "inspired the killer's actions and encouraged him to choose a weapon that would maximize the mayhem he could inflict." Next time, perhaps as soon as the anticipated action against Daniel's Defense, the manufacturer of the gun used in the latest massacre at Robb Elementary in Uvalde, Texas, the gun lobby will move the case to trial. If that happens, the theory that the First Amendment will not offer the gun manufacturers cover to advertise weapons of war to a civilian population will be tested.

In the last several decades, the courts have expanded the First Amendment rights of corporations and commercial entities so that their rights to speak freely are nearly co-extensive with the rights of persons — but not completely. Commercial speech has always been deemed of lesser value in contrast to political speech. Commercial speech promotes purchases; political speech promotes debate and fuels a strong democracy.

In 1980, in Central Hudson Gas & Electric Corporation vs. Public Service Commission of New York, the Supreme Court articulated a guide to identifying when commercial speech can constitutionally be regulated. As is true with all such guides, the directives are somewhat vague and required years of subsequent litigation and review to refine. Basically, those who engage in commercial speech, generally understood to be of and concerning an economic transaction, are protected from government interference as long as the speech concerns lawful activity, and the speech is not misleading. However, under some circumstances, even if commercial speech is not unlawful and not misleading, the government can regulate it.

The First Amendment will not stop the government from barring or restricting otherwise lawful and truthful commercial speech if there is an overriding public concern about the issue. The issue must be one that the government has the power to control or influence. The government's interest in the issue must be substantial or compelling, and its effort to regulate the speech must be specifically tailored to promote and secure that compelling interest. This is a high bar and the courts have rejected attempts by legislatures to regulate ads that can be interpreted to promote alcohol consumption or to require certain graphic ads on cigarette packaging. In those cases, the courts insisted that the legislative prescriptions were overly broad.

In the case of marketing tactics by gun manufacturers it can be argued, however, that there are no less restrictive methods to limit the lure of weapons that are manufactured for the sole purpose of killing human beings than to ban ads targeted at the civilian market that includes individuals unfit to operate weapons that promise "military proven performance" for a "mission-adaptable" shooter in need of the "ultimate combat weapons system.”

A voluntary agreement by the tobacco industry provides a model. In the 1990s, also as part of a settlement agreement, the tobacco industry agreed to stop all advertising and marketing practices that targeted individuals under 18, including discontinuing all tobacco brand sponsorships of sporting events and concerts as well as shelving the famous cartoon character Joe Camel.

Advertising and marketing, the use of words, is not under the purview of the Second Amendment; it is exclusively under the purview of the First. Banning commercial speech is not the same as banning sales or ownership, and Congress should put that legislative goal at the top of its agenda.

Lynn Greenky is an associate teaching professor at Syracuse University in the Department of Communication and Rhetorical Studies. She teaches an undergraduate course about the First Amendment and is the author of "When Freedom Speaks." On Instagram: @lynngreenky. 

Sat, 23 Jul 2022 21:00:00 -0500 en-US text/html https://www.timesunion.com/opinion/article/Commentary-Limiting-commercial-speech-would-be-17324757.php
Killexams : Superfund Chemical Excise Taxes: Check Your Contracts

Tuesday, August 2, 2022

Initially enacted in 1980, the Superfund chemical excise taxes apply to the sale or use of certain chemicals and substances to fund a federal cleanup program for hazardous waste sites.  While the initial tax program expired on December 31, 1995, the Superfund chemical excise taxes were reinstated by section 80201(c)(3) of the Infrastructure Investment and Jobs Act (Public Law 117-58, 135 Stat. 429 (2021)), effective July 1, 2022.  The reinstated taxes contain different provisions and tax rates compared to the ones that expired in 1995 and apply to manufacturers, producers, or importers of taxable chemicals and importers of taxable substances.  Section 4662(e) of the Internal Revenue Code (“IRC”) also provides for a refund for taxable chemicals and taxable substances that are exported.

Companies that sell or purchase products should review their contracts with an eye towards Superfund chemical excise taxes if those products contain “taxable chemicals” under section 4661 of the IRC or “taxable substances” under section 4671 of the IRC.  Contract provisions to consider include:  

  • Does the contract address taxes in connection with manufacturing, producing, and importing goods and materials, including which party is responsible for such taxes?

  • Is there any provision providing for reimbursement of taxes paid for tax burdens that cannot be shifted by contractual means?

  • Is there any provision that addresses which party is entitled to a refund or reimbursement thereof with respect to Section 4662(e) of the IRC?

  • Is the supplier required to disclose certain chemicals or substances that the product contains?

  • Does the contract contain any representation or warranty that the product does not contain any chemicals or substances taxable under sections 4661 or 4671 of the IRC?

  • Does the contract contain any representation, warranty, or covenant that applicable taxes on the product will have been paid by the supplier prior to delivery? 

In addition to addressing compliance matters posed by the reinstatement of Superfund chemical excise taxes, addressing relevant contract provisions will be an important piece of the go-forward plan for any company impacted by the reinstated taxes.

© 2022 Foley & Lardner LLPNational Law Review, Volume XII, Number 214

Tue, 02 Aug 2022 10:16:00 -0500 en text/html https://www.natlawreview.com/article/superfund-chemical-excise-taxes-check-your-contracts
Killexams : NAPCO Security Technologies Awarded School Security Project for Pepperdine University

AMITYVILLE, N.Y.June 1, 2022 /PRNewswire/ — NAPCO Security Technologies, Inc. (NASDAQ: NSSC), one of the leading designers and manufacturers of high-tech electronic security devices, wireless subscription communication services for intrusion, fire alarm, access control and locking systems as well as a leading provider of school safety solutions, today announced that its products have once again been selected for use in a school security project at Pepperdine University in Malibu, CA. Pepperdine has approximately 9,500 students enrolled at its Malibu, CA. campus

The project includes the installation of NAPCO’s Alarm Lock division ArchiTech locks in the university’s classrooms. ArchiTech Series Networx Locks are an ideal access control solution, elegantly blending advanced wireless access control convenience within any décor, in an attractive, infinitely customizable designer locking form factor, in choice of trims and finishes. Ideal for educational, commercial office or multi-dwelling residential settings, these stylish, durable locks, leveraging proven Trilogy Networx™ access control technology, offer a choice of ID credential technology, and can be used to control access, a door at a time, across a wireless network, or as an integral part of a new or existing enterprise security system—spanning a few, or thousands of doors, in one building, a campus or multiple sites around the world. The Architech locks combined with NAPCO’s Continental Access division CA4K software, controls all of the doors for an enterprise class access control solution.

Richard Soloway, CEO of NAPCO commented, “We are pleased to report this school security project at Pepperdine University, which has used NAPCO products in multiple projects over the years. The security of our schools remains a very important issue, as we continue to witness horrific events around the country. NAPCO continues to be a leader in school security products and solutions, and we would like to thank Pepperdine for continuing to choose our products and being a highly valued customer.”

About NAPCO Security Technologies, Inc. 
NAPCO Security Technologies, Inc., is one of the world’s leading manufacturers and service providers of high-tech electronic security devices as well as a leading provider of school safety solutions. The Company consists of four Divisions: NAPCO, plus three wholly-owned subsidiaries: Alarm Lock,  Continental Instruments, and Marks USA. Headquartered in Amityville, New York, its products are installed by tens of thousands of security professionals worldwide in commercial, industrial, institutional, residential and government applications. NAPCO products have earned a reputation for innovation, technical excellence and reliability, positioning the Company for growth in the multi-billion dollar and rapidly expanding electronic security market. For additional information on NAPCO, please visit the Company’s web site at http://www.napcosecurity.com.

Safe Harbor Statement 
This press release contains forward-looking statements that are based on current expectations, estimates, forecasts and projections of future performance based on management’s judgment, beliefs, current trends, and anticipated product performance. These forward-looking statements include, but are not limited to, statements relating to the impact of COVID-19 pandemic; the growth of recurring service revenue and annual run rate; the introduction of new access control and locking products; the opportunities for fire alarm products; and our ability to execute our business strategies.  genuine results, performance or achievements could differ materially from those anticipated in such forward-looking statements as a result of certain factors, including those risk factors set forth in the Company’s filings with the Securities and Exchange Commission, such as our annual report on Form 10-K and quarterly reports on Form 10-Q. Other unknown or unpredictable factors or underlying assumptions subsequently proving to be incorrect could cause genuine results to differ materially from those in the forward-looking statements. Although we believe that the expectations reflected in the forward-looking statements are reasonable, we cannot certain future results, level of activity, performance, or achievements. You should not place undue reliance on these forward-looking statements. All information provided in this press release is as of today’s date, unless otherwise stated, and the Company undertakes no duty to update such information, except as required under applicable law.

Contacts: 
Patrick McKillop 
Director of Investor Relations 
NAPCO Security Technologies, Inc. 
800-645-9445 x 374 
Mobile: 516-404-3597 
pmckillop@napcosecurity.com

Fri, 15 Jul 2022 20:04:00 -0500 en text/html https://www.campussafetymagazine.com/news/napco-security-technologies-awarded-school-security-project-for-pepperdine-university/
Killexams : FP Canada™ announces results for the May QAFP™ exam

Nearly 190 candidates across Canada challenged the Qualified Associate Financial Planner exam.

TORONTO, July 12, 2022 /CNW/ - FP Canada has announced results for the May sitting of the Qualified Associate Financial Planner™ exam. There were 186 candidates who attempted the exam.

FP Canada logo (CNW Group/FP Canada)

In a survey, candidates were asked why they chose to pursue QAFP certification. The majority of respondents (64%) said they did so to enhance their skills and better serve their clients. A total of 40% took the step so they could legally use the financial planner title under Ontario's Financial Professionals Title Protection Act. The survey results also highlighted the value firms place on certification, with 36% of candidates stating that it was a requirement set by their employer.

Many candidates also indicated that their ultimate goal was obtaining CFP® certification via FP Canada's QAFP Certification to CFP Certification Bridge Path.

"Whether they're acquiring the tools they need to advise their clients to the best of their abilities or enthusiastically demonstrating their fitness for the financial planner title, I'm pleased to see candidates achieving their goals through QAFP certification," said Tashia Batstone, President and CEO of FP Canada. "Congratulations to those who successfully challenged the QAFP exam. We wish you the very best in your financial planning careers."

The May exam took place on May 31, 2022. FP Canada gave candidates the option of writing the exam in person or remotely through online proctoring. Due to government restrictions related to COVID-19, in-person availability was limited in some locations. Just over 63% of writers chose to complete the exam remotely through online proctoring, while the remainder did so at one of 20 test centres across the country. The pass rate among first-time writers was 56.6%.

To obtain QAFP certification, candidates must complete a series of educational requirements including an FP Canada-Approved Core Curriculum Program and the FP Canada Institute™ Introduction to Professional Ethics course, pass a national exam, and have at least one year of qualifying work experience. To maintain their certification, QAFP professionals must complete the QAFP Professional Education Program—which focuses on the pillars of holistic financial planning, human behaviour, and honesty and ethics—within one year of achieving certification and adhere to the high professional standards established by the FP Canada Standards Council™.

QUALIFIED ASSOCIATE FINANCIAL PLANNER certification, which was launched in January of 2020, is designed for professional financial planners with the demonstrated knowledge, skills, experience, and ethics to understand the everyday financial planning needs of their clients and provide holistic advice that suits their lifestyles and supports their goals. There are about 2,000 QAFP professionals in Canada as of June 30, 2022.

About FP Canada

A national certification and professional oversight body working in the public interest, FP Canada is dedicated to championing better financial wellness for all Canadians by leading the advancement of professional financial planning in Canada. There are about 17,000 Certified Financial Planner® professionals and about 2,000 Qualified Associate Financial Planner professionals (as of June 30, 2022), who meet FP Canada's rigorous professional and ethical standards. Learn more at FPCanada.ca.

SOURCE FP Canada

Cision

View original content to obtain multimedia: http://www.newswire.ca/en/releases/archive/July2022/12/c5803.html

Tue, 12 Jul 2022 06:59:00 -0500 en-CA text/html https://ca.finance.yahoo.com/news/fp-canada-announces-results-may-185500808.html
Killexams : Continuous manufacturing applicants saw quicker approvals, higher revenue than batch applicants
| 06 July 2022 | By Jeff Craven  Applicants that used continuous manufacturing (CM) technology to bring their products to market waited less time before approval after submission compared to batch manufacturing products, according to results from a US Food and Drug Administration (FDA) audit published in the International Journal of Pharmaceuticals.
 
Authors from the FDA Center for Drug Evaluation and Research (CDER) said these manufacturers had a potential estimated increase in revenue due to the CM products having more time in the market because of quicker approval. Use of CM technology also did not appear to affect whether these products underwent manufacturing process changes or pre-approval inspections on FDA’s end, the agency said.
 
“[O]verall, what we saw was the use of CM did not impact FDA’s ability to review and act on applications using continuous manufacturing even when there are expedited review timelines,” Commander Mahesh R. Ramanadham, Pharm.D, MBA, RP, associate director for scientific operations in the Office of Pharmaceutical Manufacturing Assessment, Office of Pharmaceutical Quality at the FDA, said in a podcast interview accompanying the CDER Small Business and Industry Assistance Chronicles newsletter.
 
Ramanadham and colleagues noted in their study that FDA has “long championed the development and implementation of advanced manufacturing technologies like CM for drug substances and finished drug products,” citing potential benefits like increased product quality, lower manufacturing costs, reduced waste, lower inventory, and greater flexibility in manufacturing based on demand. FDA’s CDER issued draft guidance on CM in 2019 and launched an Emerging Technology Program to promote CM to pharmaceutical industry stakeholders.
 
“The implementation of CM is also advantageous for patients, not only because of early access to medicines, but also due to the potential to reduce or mitigate drug shortages and increase product availability,” Ramanadham said in the podcast interview.
 
However, adoption of in pharmaceutical manufacturing has been slow, the agency pointed out, and may be the reason why six sigma manufacturing capability has not been regularly reached by the pharmaceutical industry compared with other industries.
 
In their audit, FDA examined six solid oral drug products with approved applications and used CM, comparing them to 134 approved new drug applications (NDA) for batch processing products between 2015 and 2020. The agency analyzed time to approval and market entry, potential revenue, and manufacturing process changes across both types of products.
 
Compared with the batch processing product applications, Ramanadham and colleagues found CM applications were approved in the first review cycle with no Complete Response letters. Additionally, CM applications had a mean approval time that was 9 months quicker than batch applications (6 months vs. 15 months) and was ahead of the user fee goal date. The mean time to marketing from approval was 0.40 months for CM applications and 3.49 months for batch applications. The agency noted that four of the six CM applications were also granted Breakthrough Therapy designations, which further accelerated their review.
 
There was also a benefit in terms of increased revenue for products with CM applications, with the authors estimating a $171 million to $573 million increase due to these products spending more time on the market. “[W]e saw a clear economic advantage for sponsors and manufacturers translated through the time to approval, time to market, and early revenue benefit,” Ramanadham said in the podcast interview.
 
Of 114 batch applications where annual reports were available between 2016 and 2020, there were 33 mentions of manufacturing process changes, while there were no mentions for 5 CM applications where annual reports were available over the same time period. Pre-approval inspections occurred for nearly all CM applications, and Ramanadham noted this was “primarily related to the oversight of manufacturing process and their controls and may indicate a difference in the inspection focus between batch and CM processes.”
 
“In contrast to facilities manufacturing the batch products, many CM facilities and processes are new, and FDA has relatively limited knowledge on the manufacturing capabilities of those facilities,” he explained in the podcast interview. “This difference may contribute to an increased focus on manufacturing processes and controls during these pre-approval inspections. The need for the pre-approval inspections and the number of process-related issues observed during inspections at facilities using CM should lessen though as FDA gains more confidence in manufacturers’ abilities and capability to manufacture using CM technologies.”
 
Ramanadham said in the podcast interview that manufacturing process scale-up flexibility and improved manufacturing agility are among the regulatory advantages to using CM. “Overall, the findings of this self-audit do not indicate higher regulatory risks to submissions or outcomes for CM applications when compared to batch applications,” he said.
 
Int J Pharm Fisher et al.

 

© 2022 Regulatory Affairs Professionals Society.
Tue, 05 Jul 2022 12:00:00 -0500 en text/html https://www.raps.org/news-and-articles/news-articles/2022/7/continuous-manufacturing-applications-saw-quicker
Killexams : FP Canada announces top performers for May QAFP exam

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Wed, 27 Jul 2022 05:12:00 -0500 en-CA text/html https://www.advisor.ca/news/industry-news/fp-canada-announces-top-performers-for-may-qafp-exam/
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