Friday, October 5, 2012

Chipotle vs. Taco Bell: There's No Competition Says Vickers ...

The hardest blows are the ones you don't see coming; just ask shareholders of Chipotle Mexican Grill (CMG). It was a long summer for the company, having dropped some 25% off its all-time highs after a rare earnings warning in July. Still, the shares seemed to be stabilizing.

Then David Einhorn took the stage at a the Value Investing Congress in NYC earlier this week. Einhorn, the boyish billionaire founder of Greenlight Capital has earned a reputation as one of the shrewdest and influential short-sellers of his generation. He took the stage about 11am on Tuesday. At just about 10 past the hour he started laying out the case for being short CMG. From 11:14 to 11:16 CMG fell from $313 to $293; a more than 6% drop shaving off nearly $1 billion in market cap.

What did Einhorn say? Nothing new according to Damon Vickers, the chief investment officer of Damon Vickers & Co. Among the sharpest criticisms of CMG was the competitive threat it faces from the new Cantina Bell menu at Yum! Brands' (YUM) Taco Bell units. The Cantina concept is designed to replicate the Fresh Mex experience found at Chipotle.

Among the many problems with characterizing the two as competitive is that the Taco Bell version of Fresh Mex comes off the "same assembly line as a burrito." The ingredients at Taco Bell are centrally sourced, arriving via what Vickers characterizes as a corporate food truck. In contrast, Chipotle is locally sourced and prepared by in-house "chefs" as opposed to Taco Bell workers held to a slightly lower standard.

An early investor in Chipotle, Vickers says the company is very young in its growth phase. "There's ample room for fast but healthy food," he says, ticking through just some of the litany of health problems facing our morbidly obese nation.

Vickers owns both Yum! and Chipotle. He has both dogs in the fight and bought more CMG on the Einhorn dip. His point is that Taco Bell and Chipotle are different animals. One is strictly fast food, the other provides healthy food fast. As it stands today Taco Bell simply "can't reproduce that experience."

Source: http://finance.yahoo.com/blogs/breakout/chipotle-vs-taco-bell-no-competition-says-vickers-134207287.html

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Thursday, October 4, 2012

I Want to Climb Every Page of This Book Mountain [Beautiful]

The final plans for Spijkenisse's—a small town in the Netherlands—stunning new library were revealed back in 2009 when construction began. But now that the Book Mountain + Library Quarter is complete and open to the public, we're finally getting our first actual glimpses of its pyramid-like facade and gorgeous mountain of books inside. More »

Source: http://feeds.gawker.com/~r/gizmodo/full/~3/tzgwzWmpzqU/i-want-to-climb-every-page-of-this-book-mountain

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The D.G of NCC is very Incompetent and Vindictive''- MCSN's Legal ...

The legal adviser of the Musical Copyright Society (MCSN), Dr Ope Banwo has described the DG of the Nigerian Copyright Commission (NCC), Mr Afam Ezekude as being vindictive, incompetent and ignorant of the operations of the copyright business in Nigeria.

Dr Ope Banwo made this assertion in a press parley against the backdrop of NCC raiding the office of MCSN, arresting and detaining five staff members without warrant. According to Ope Banwo ??they put in their bulletin that they arrested top shots of the MCSN whereas the people arrested were the secretary, junior accountant and other junior staff, Mr Mayo, the MD of MCSN and Mr Louis, the General Manager weren?t at the office, The fact is that there is no need for such Gestapo tactics in a democracy simply because you don?t like the court judgements MCSN got against your commission. If they write to Mr Mayo or Mr Louis, both of them would have showed up. In fact I would have taken them to NCC office myself! Why should they bring 20 policemen with guns into a private office of MCSN who already has 3 court decisions against them, to arrest people who have court cases against them and in direct contempt of the Order of Justice Achibong that they should not be molested, arrested or disturbed in the course of managing the copyrights they own? They have told the whole world that MCSN was operating illegally. Yet, a Judgement of the Federal High Court has declared the same S. 39 of copyright Act unconstitutional and illegal. How can you violate an illegal and unconstitutional law? I will resist intimidations like this with the last drop of my blood, I have already informed the American Embassy and some Human Rights Organizations all over the world to keep watch on this situation since I expect the Policemen and Soldiers too in my house at any time to arrest me for daring to defend the rights of my clients. He has proved that though he lived in London, he has no respect whatsoever for the rule of Law. However, I remain undeterred. The man dies in him who keeps silent in the face of tyranny. The D-G cannot arrogate to himself the right to ?dash? me my rights to administer my property?. According to him, ?Intellectual property right is my human right property, and no government can decide that I must join a COSON to enjoy my rights. Justice Achibong already ruled on the matter and fined them N40million for daring to do it. Now, they want to use police and soldiers. It won?t work!? the obviously angry Ope Banwo fumed.??.

Ope Banwo opined that the DG of NCC, out of pettiness, vindictiveness and need to protect their anointed society, COSON, maliciously wrote the international copyright body, CESAC, that MCSN is an illegal body to which I wrote him, the D-G, a scathing letter asking him to apologise to MCSN or be sued personally for injurious falsehood against MCSN. He was very upset about my letter challenging his patriotism for damaging the interests of a Nigerian body against a foreign organization?. Ope Banwo also alluded to the fact that MCSN was able to execute the judgement of Justice Achibong against NCC and got N6, 000,000 garnisheed out of the N40 million judgement awarded against NCC by Justice Achibong, was also something that is upsetting the D-G who has now decided to ?destroy? MCSN once and for all, with the bogus ?raid?. According to the Ombudsman Attorney ?how can you arrest the owner of a property for selling his property?? Dr Ope Banwo wondered. Moreover, he said he believes strongly that his letter to the D-G and the judgement recovered against NCC must have compelled NCC into taking the illegal action. ?They never believed that we could succeed with garnishee of their account for the damages awarded to us. They thought because they are a government organization, we could not get the money but Barrister Ekisola who did the case found a way and now they are resorting to Executive lawlessness?

Dr Ope went on to say that part of the problem is that the D-G of NCC, Mr Afam did not appear to have any clue or understanding about Copyright Law or its administration though he is a lawyer. ??For God?s sake, the ignorance of some people in authority boggles my mind. Imagine, the DG of NCC went to a public gathering and said ??the first thing we have to decide first is whether Copyright should be Private Property or Public Property??. Should that kind of statement even come out of the mouth of someone who has an understanding or intelligence about the kind of job he was appointed to do?

An elementary copyright lawyer knows Intellectual property right is a private right (as a matter of fact, it is part of fundamental human right to property which no law can abridge) which tells me that the DG has no clue! By the way, someone should go and check his history; he wasn?t practicing Copyright Law in London. Our problem right now is with our DG, Mr Afam. They brought him from London as a friend of our Attorney General, Somebody should go and Google him to find out if he has ever seriously been involved in copyright law in London. Otherwise he would know that it does not make sense to have only one copyright collecting society for over 200 million people. It?s like saying we must have only one bank in the country to accept deposits and borrow people money. Or saying only one Telecoms Company should exist in Nigeria.

How then can you bring such a person to come and be the head of copyright administration in a complicated copyright collection environment as Nigeria? Or how can you understand the man referring our Petition to him for his refusal to license MCSN as a copyright collection society to W.I.P.O when it is clear by WIPOs charter that they do not get involved in issues of local licensing or government/citizen disputes over copyright property administration? He is not a practicing copyright lawyer and he could not have been or if he was, then he must be grossly clueless! Quote me anywhere, our DG has no idea about how to run copyright in Nigeria, it is a testament to our elevation of mediocrity in this country?? the legal adviser affirmed.

Our D-G came into a troubled copyright collection environment like Nigeria and he has no fresh ideas to resolve the issues other than to say ?everybody go to WIPO in Europe, then less than 2 weeks later, he reversed himself and says everyone should instead obey Federal High Court decisions on the issues in court. Yet, when the decision came out and a judgement of N40million damages was slammed on him and the NCC, he did not obey the decision. Instead, he chose to carry policemen to raid the offices of a legitimate organization that control over 90% of copyrights use in Nigeria.

Do you have a story for publication? Please email it to mayorbosspromo@gmail.com Like & Get Update on Facebook Now

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  3. Ibori?s legal team to appeal sentence
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  5. Governor Jonah Jang of Plateau State Appoints Son As Special Adviser

Source: http://naijamayor.com/the-d-g-of-ncc-is-very-incompetent-and-vindictive-mcsns-legal-adviser-dr-ope-banwo/

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Toddler's hands burned in boiling water | Otago Daily Times Online ...

A mother is accused of immersing her two-year-old son's hands in boiling water then failing to seek medical treatment for at least eight months.

The toddler is understood to have suffered grotesque burns and deformities, and will need extensive skin graft surgery for the wounds.

The abuse is alleged to have occurred at the family's Porirua East house sometime before Christmas.

The 31-year-old woman denies inflicting the injuries and claims they resulted from an accident.

The wounds were discovered by authorities only by chance when police called on the child's home on August 1 seeking witnesses to a minor vehicle accident on the street.

A police officer saw the boy's hands and contacted Child Youth and Family and the Wellington Police District Child Protection Team.

The woman was arrested on September 6, appeared in court and was granted interim name suppression.

She faces two charges of cruelty and ill-treatment of a child, and one of wounding with reckless disregard causing grievous bodily harm.

Part of the cruelty charge relates to failing to provide medical attention for the boy's severe wounds.

It is understood the child would have required morphine for the pain.

Child Protection Team manager Detective Senior Sergeant Neil Holden said the "little boy" had been removed from his mother's custody and was now in CYF care. A three-month-old baby - his sibling - had also been placed in state custody.

The case was disturbing, even for seasoned police staff.

"I've seen the photos and had briefings from investigators.

"It would have been extremely painful."

Police believed the injuries were inflicted around November or December "by way of full immersion of his hands into boiling water" and said no proper medical attention was provided until child protection agencies became involved in August this year.

The burns extended to the boy's mid-wrists.

Asked how the case compared to other child abuse investigations, Mr Holden said it was very sad and at the high end in terms of implications for the boy.

"Many of the people we deal with have injuries that are not apparent and don't necessarily come out straight away. This is one that's right in your face. It's hard to deal with, hard to process. It's right up there."

Police were seeking further advice from medical experts as part of their investigation and would speak to "other witnesses" in the home about how the boy suffered the burns.

Following inquiries by APNZ yesterday (Thur), the woman's lawyer, Greg Gimblett, called an urgent hearing today before a Porirua District Court judge to argue for continued name suppression for his client. She is free on bail and is not due to reappear in court until December.

Mr Gimblett would not comment on whether the woman planned to defend the charges.

A spokesman for Social Development Minister Paula Bennett said she could not comment while the case was before the courts.

- By Lane Nichols of APNZ

?

Source: http://www.odt.co.nz/news/national/228962/toddlers-hands-burned-boiling-water

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Blasts in Syrian city of Aleppo kill 27: Lebanese Hezbollah TV

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What Can We Learn from Break-Ups?and Can We Sue ...

In our last post, we looked the situation of a person (whom we called Amy) who considers breaking up with her partner (Bill) for another person (Carlos), and compared it to a breach of contract, pointing the various similarities and differences between a contractual commitment and a romantic one. We ended up focusing on Amy?s decision in terms of her responsibilities to herself and to Bill, and now we?ll turn the spotlight on Bill and see how he would deal with a break-up?once again finding some parallels in contract law.

So let?s say Amy does break up with Bill to be with Carlos. Bill won?t take the news well, naturally, even if he accepts that Carlos may make Amy happier than he does. Even if he was sincere when he told Amy she should leave him if she found someone better, nonetheless he hoped that she would always feel Bill was the best for her and that he would always be the one to make her happy. When Amy left, it revealed to him that no, he was not the best for her, at least not anymore. Inevitably, this will lead him to question the relationship, his actions in it, everything he did and said, and everything Amy did or said, looking for clues to explain what happened?especially if he felt everything was going well in the relationship. Even if he does not resent Amy for leaving, even if he does wish her well and hopes she finds happiness with Carlos (or someone else down the line), Bill still feels horrible because of what her leaving says about him.

Would Bill feel differently if Amy had broken up with him not for Carlos, but simply because she was no longer happy in the relationship? Differently, perhaps, but it is hard to say if he?d feel better or worse. On the one hand, Amy is essentially saying that being alone (at least for the time being) is better than being with Bill; if solitude is the baseline, then being with Bill falls below that. It is one thing to come to the realization that she finds another man more attractive and desirable, but another entirely to think that she prefers being alone to being with him (especially if he knows she is not the type of person who enjoys being alone).

On the other hand, if Amy left Bill without going directly to Carlos, that leaves Bill without a focal point or target for potential jealousy and hurtful comparisons. (He may yet have these feelings when, down the line, he hears that Amy has taken up with someone else, especially if he hasn?t yet come to terms with the break-up.) Bill realizes Amy wasn?t happy, and he knows?that one reason she left may have been?to find someone that will make her happier, but it may be better for him that she didn?t leave him for one specific person. As before, he may feel this reflects poorly on him, which he will deal with in good or bad ways, but in this case he doesn?t have to compare himself to one person in particular. (Imagine how he would have felt had Carlos been in the picture for a while, and Bill had known that Amy was attracted to him, with all the anxiety that comes with it. Not an unfamiliar situation to many, I imagine.)

* * *

Can we put a positive spin on this for Bill? We can, and oh so surprisingly it comes from another application of contract law. (Technically it?s tort law, but it?s a case dealing with a broken commitment, so it's all good.) In a recent blog post at The Volokh Conspiracy, law professor Eugene Volokh discusses a 2012 South Carolina case, Campbell v. Robinson (S.C. App. 2012), in which a jilted fianc?e was awarded damages for ?breach of promise to marry.? This decision was based on a 1984 state precedent, Bradley v. Somers (1984), that reads:

Damages for breach of promise to marry are confined to those relating to the position the rejected spouse (Christine) would have held had she married the appellant. She is entitled to recover for the loss of the pecuniary and social advantages of the promised marriage. Also, her mental anguish, humiliation, and injury to health and psyche are elements of damages. In addition, she may recover for losses sustained from expenditures made in preparation of marriage. The jury may consider the monetary value of a marriage which would have given Christine a home.

Volokh finds this anachronistic; he is, however, sympathetic to suing to recover the financial costs involved, such as those of planning a wedding, plane tickets for guests, and so forth.

More generally, he puts a positive spin on the situation?lawyers are, after all, such an optimistic lot! He writes that ending an engagement?or, more generally, a relationship?can be seen as an advance warning that the relationship was headed for rocky waters:

Given that the groom no longer wants to marry, it seems much better to avoid what is likely a doomed marriage than to go through with it and then deal with a likely divorce. Better figure out the incompatibility before the wedding rather than after.

This is how Bill can look at his break-up with Amy: as a signal that the relationship may not have been as solid as he thought. After the pain has subsided, he may come to realize that it was better to find this out early, rather than after they made further commitments (such as marriage or buying a house). As I wrote in an earlier post, he shouldn?t take the failure of the relationship as a personal failure, but instead as a signal that he and Amy were not a good fit.

Looking at Bill?s situation this way reinforces the point that any disappointment in life, whether in the realm of love, work, or other goals, brings lessons along with the pain. The hurt subsides, but the things you can learn from the experience will hopefully last for the rest of your life. Bill will learn from this experience, identifying ways in which he and Amy did not fit as well as he thought they did, signs he may have missed that could have suggested problems in the relationship before Carlos came along, and things he may have done (or failed to do) to make the relationship stronger. (This critical reflection is worthwhile as long he doesn't take it too far and consider his relationships failures to be personal failures.)

Source: http://www.psychologytoday.com/blog/maybe-its-just-me/201210/what-can-we-learn-break-ups-and-can-we-sue

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4 dead from rare meningitis, more cases expected

A sign marks an entrance to Saint Thomas Hospital medical campus in Nashville, Tenn., on Wednesday, Oct. 3, 2012. An outbreak of a rare and deadly form of meningitis that has sickened more than two dozen people was first detected among patients treated at the Saint Thomas Outpatient Neurosurgery Center in the complex. (AP Photo/Erik Schelzig)

A sign marks an entrance to Saint Thomas Hospital medical campus in Nashville, Tenn., on Wednesday, Oct. 3, 2012. An outbreak of a rare and deadly form of meningitis that has sickened more than two dozen people was first detected among patients treated at the Saint Thomas Outpatient Neurosurgery Center in the complex. (AP Photo/Erik Schelzig)

A sign on the door to the New England Compounding Center requests no soliciting at the Framingham, Mass. company, Wednesday Oct. 3, 2012. An outbreak of a rare and deadly form of meningitis has now sickened 26 people in five states who received steroid injections mostly for back pain, health officials said Wednesday. The Food and Drug Administration identified the maker of the steroid as New England Compounding Center, a specialty pharmacy. (AP Photo/Bob Salsberg)

In this Tuesday, Oct. 2, 2012 photo, Dr. David Reagan, chief medical officer for the Tennessee Department of Health, right, and Dr. Marion Kayiner, also with the state health department tell local and national media about an outbreak of fungal meningitis infections that have already killed two and sickened 13 others in Nashville, Tenn. (AP Photo/The Tennessean, Shelley Mays) NO SALES

A sign in front of the Waverly Business Center lists the New England Compounding and other business in Framingham, Mass., Wednesday Oct. 3, 2012. An outbreak of a rare and deadly form of meningitis has now sickened 26 people in five states who received steroid injections mostly for back pain, health officials said Wednesday. The Food and Drug Administration identified the maker of the steroid as New England Compounding Center, a specialty pharmacy. (AP Photo/Marshall Wolff, The MetroWest Daily News)

In this Tuesday, Oct. 2, 2012 photo, Dr. David Reagan, chief medical officer for the Tennessee Department of Health,center, and Dr. Marion Kayiner talks with local and national media about an outbreak of fungal meningitis infections that have already killed two and sickened 13 others in Nashville, Tenn. (AP Photo/The Tennessean, Shelley Mays) NO SALES

(AP) ? Health officials are expecting to find more cases of a rare and deadly form of meningitis that has sickened more than two dozen people in five states. Four have died.

All received steroid injections, mostly for back pain, a fairly typical treatment.

The type of meningitis involved is not contagious like the more common forms. This type is caused by a fungus often found in leaf mold and which health officials suspect may have been in the steroid.

Eighteen of the cases are in Tennessee, where a Nashville clinic received the largest shipment of the steroid. The drug was made by a specialty pharmacy in Massachusetts that issued a recall last week. Investigators, though, say they are still trying to confirm the source of the infection.

Three cases have been reported in Virginia, two in Maryland, two in Florida and one in North Carolina. Two of the deaths were in Tennessee, and Virginia and Maryland had one each, said officials at the Centers for Disease Control and Prevention.

More new cases are almost certain to appear in the coming days, said Tennessee Department of Health Commissioner John Dreyzehner. Five new cases were confirmed over the past 24 hours, he said Wednesday, calling the situation a "rapidly evolving outbreak."

But federal health officials weren't clear about whether new infections are occurring. They are looking for ? and increasingly finding ? illnesses that occurred in the past two or three months.

Meningitis is caused by the inflammation of meninges, which are protective membranes covering the brain and spinal cord. Symptoms include severe and worsening headache, nausea, dizziness and fever. Some of the patients also experienced slurred speech, and difficulty walking and urinating, Tennessee health officials said.

"Some are doing well and improving. Some are very ill ? very, very seriously ill and may die," Tennessee health official Dr. David Reagan said of the state's patients.

The incubation period is estimated at anywhere from two to 28 days, so some people may not have fallen ill yet, Tennessee health officials said. At three clinics in Tennessee, officials are contacting the more than 900 people who received the steroid in the past three months.

Investigators also have been looking into the antiseptic and anesthetic used during the injections. Neither has been ruled out. However, the primary suspicion is on the steroid medication. Steroid shots are common for back pain, often given together with an anesthetic.

The Food and Drug Administration identified the maker of the steroid as New England Compounding Center, a specialty pharmacy in Framingham, Mass. Last week, the company issued a recall of three lots of the steroid ? methylprednisolone acetate. In a statement, the company said it had voluntarily suspended operations and was working with regulators to identify the source of the infection.

Compounding pharmacies mix ingredients for customized medicines that generally aren't commercially available. They are regulated by states.

The outbreak was discovered about two weeks ago when Vanderbilt University's Dr. April Pettit was treating a patient who was not doing well for reasons doctors did not understand.

When the lab found the fungus in the patient's spinal fluid, Pettit began asking questions and learned the patient recently had steroid injections in his spine, according to Dr. William Schaffner, who chairs Vanderbilt's Department of Preventive Medicine.

"When it became clear that the infection-control practices at the clinic were up to par, the steroid medication became implicated," Schaffner said.

Federal officials did not release condition reports or details on all the patients in the five states. Fungal meningitis is treated with high-dose antifungal medications, usually given intravenously in a hospital.

Seventeen of the Tennessee cases were treated at the Saint Thomas Outpatient Neurosurgery Center in Nashville. It had 2,000 vials of the suspect lots, the largest number. That clinic voluntarily closed last month to deal with the investigation.

___

Stobbe reported from New York.

___

Online:

CDC: http://www.cdc.gov/meningitis/fungal.html

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2012-10-04-Meningitis%20Outbreak/id-3ef201d3a71a4e1cb00620e20dd38529

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