Monday, August 6, 2012

Friends With Your Ex? Rashida Jones Understands | KOSU Radio ...

Filed by KOSU News in Art & Life.
August 3, 2012

Don?t be fooled by the title of Rashida Jones? new movie: It?s called Celeste and Jesse Forever, but Celeste and Jesse, played by Jones and Andy Samberg, are not forever ? in fact, they?re getting divorced. And they have a weird way of dealing with it: They keep spending time together as if they were best friends.

For much of her TV and movie career, Jones has played girlfriend characters who are funny, loving and kind. But when she got the chance to write and star in her own film, she cast herself as a complex character ? a woman who?s definitely funny, but a little more complicated when it comes to being loving and kind.

Jones, who co-wrote Celeste and Jesse with Will McCormack, talks with NPR?s Audie Cornish about acting, writing and the complications of falling in and out of love.

Interview Highlights

On the chemistry between Celeste and Jesse at the beginning of the film

?You start to realize why they?re not together throughout the course of the movie. We wanted to show a couple that maybe is not in love anymore, but there?s still all these elements about their friendship that they don?t want to lose. So selfishly they try to find a way to seamlessly transition into friendship, which turns out to be impossible.?

On finding inspiration in When Harry Met Sally

?I would be lying if I said we didn?t set out to borrow and steal from the best parts of that movie because [co-writer] Will [McCormack] and I absolutely love that movie. We humbly set out to do what When Harry Met Sally did so well. They asked this question: Can women and men be friends? I guess the answer is they can?t, because they end up together. But we were hoping to ask a similar cultural question right now, which is: Can you be friends with your ex? Can you just go into being friends with you ex??

On modern relationships and how we define them

?We?re still figuring out what it means to be in a modern relationship, and it?s changing so much. I think people are feeling like they can be the ones to define what that relationship is, whether it?s an open relationship, or being with someone for 10 years, having children, and then meeting the love of your life after that. Or living together when you have broken up and seeing other people. There are all these kind of new iterations of relationships.

?So in a way, this is a story about your first love. And what do you do with the love you feel for your first love? Can you take it with you, can it still be a part of your life, can you integrate it into your life? Do you have to let them go forever to move on? Can you be friends eventually? It?s complicated. And it?s something I relate to strongly.?

On when she started writing

?[I didn't start writing seriously] until four years ago. I always wanted to do it. I actually just recently found a thing I wrote in the third grade about ?What are you going to be when you?re older?? And I talked about wanting to write movies, which I must have buried deep in my subconscious because I don?t remember ever having that as a dream. In college, I had a lot of friends who were writers and wanted to be writers and I felt intimidated by it. I just didn?t know if I had any gift or voice and I had no confidence about it.

?And then just out of necessity I was waiting around, I was in a holding deal with acting, and I thought: Maybe this is the time. And I just said to Will, ?Let?s just sit down and write every day and if something great comes out of it, great. If it sucks, nobody ever has to see it. But if we have something let?s see if it?s good and let?s give it to friends.??

On finding parts that fit

?After college I moved to New York and was auditioning, and I got one job in a year, which is weirdly kind of good odds-wise. But I was really surprised by how hard it was. I didn?t really fit into one thing. I was too quirky to play a lead girl but I was too exotic to play the stable best friend. ? I would try out to play women of color and they?d be like, ?You?re not dark enough.? And then I would try to play a surfer babe and they?d be like, ?You?re too exotic, we want somebody who kind of looks like the girl next door.? My personality maybe doesn?t match what I look like.

?I think every actor has this story where they don?t fit in until they do. And that?s fine. I still got work and I was able to support myself. Then, when I was 30, I just had a major lull where I just wasn?t getting any work and I considered going back to school. I got some applications for grad school. Then, I got The Office and that kind of changed everything for me.?

On what?s next

?Will and I are still writing. We adapted my comic book [Frenemy of the State] for Universal so we?ll see if they make it. And I just filmed another movie in London. I?m just going to try to play it out. I think I probably have to go play some pretty serious, dark parts. I might need to play a murderer or a drug addict soon because I?ve been so dependable and reliable and pragmatic for so long in my roles. ? I think it would be nice to try to expand a little bit and challenge myself and see if I can do something different.? [Copyright 2012 National Public Radio]

Source: http://kosu.org/2012/08/friends-with-your-ex-rashida-jones-understands/

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Sunday, August 5, 2012

Obama and Romney: Where they stand on the issues

WASHINGTON (AP) ? A look at where Democratic President Barack Obama and Republican presidential rival Mitt Romney stand on a selection of issues:

OBAMA:

Abortion and birth control: Supports abortion rights. Health care law requires contraceptives to be available for free for women enrolled in workplace health plans, including access to morning-after pill, which does not terminate a pregnancy but which some religious conservatives consider tantamount to an abortion pill. Supported requiring girls 16 and under to get a prescription for the morning-after pill, available without a prescription for older women.

___

Debt: A fourth-straight year of trillion-dollar deficits is projected. Federal spending is estimated at 23.5 percent of gross domestic product this year, up from about 20 percent in the previous administration, and is forecast to decline to 21.8 percent by 2016. Won approval to raise debt limit to avoid default. Calls for tackling the debt with a mix of spending cuts and revenue increases. Central to Obama's plan is to let Bush-era tax cuts expire for couples making more than $250,000. That would generate more than $700 billion over 10 years. Also, would set a 30 percent tax rate on taxpayers making more than $1 million, increasing taxes for some but not all millionaires and billionaires. That would generate about $47 billion over 10 years. Reached agreement with congressional Republicans to cut $487 billion in military spending over a decade.

___

Economy: Term marked by high unemployment, a deep recession that began in previous administration and officially ended within six months, and gradual recovery with persistently high jobless rates. Unemployment rate jumped to 8.3 percent from 7.8 percent in February 2009, Obama's first full month in office, and has stayed above 8 percent ever since. The rate hit a high water mark of 10 percent in October 2009 and now is 8.3 percent. Businesses have added jobs for more than two years straight. Obama responded to the recession with a roughly $800 billion stimulus plan that nonpartisan Congressional Budget Office estimated cut the unemployment rate by up to 1.8 percentage points. Continued implementation of Wall Street and auto industry bailouts begun under George W. Bush. Proposes tax breaks for U.S. manufacturers producing domestically or repatriating jobs from abroad, and tax penalties for U.S. companies outsourcing jobs. Won approval of South Korea, Panama and Colombia free-trade pacts begun under previous administration, completing the biggest round of trade liberalization since the North American Free Trade Agreement and other pacts of that era.

___

Education: Has approved waivers freeing states from the most onerous requirements of the Bush-era No Child Left Behind law with their agreement to improve how they prepare and evaluate students. "Race to the Top" competition has rewarded winning states with billions of dollars for pursuing education policies Obama supports. Won approval for a college tax credit worth up to $10,000 over four years and more money for Pell grants for low-income college students. Wants Congress to agree to reduce federal aid to colleges that go too far in raising tuition.

___

Energy and Environment: Ordered temporary moratorium on deep-water drilling after the massive BP oil spill in the Gulf of Mexico but has pushed for more oil and gas drilling overall. Approved drilling plan in Arctic Ocean opposed by environmentalists. Proposes Congress give oil market regulators more power to control price manipulation by speculators and stiffer fines for doing so.

Achieved historic increases in fuel economy standards for automobiles that will save money at the pump while raising the cost of new vehicles. Achieved first-ever regulations on heat-trapping gases blamed for global warming and on toxic mercury pollution from power plants. Spent heavily on green energy and has embraced nuclear power as a clean source.

Failed to persuade a Democratic Congress to pass limits he promised on carbon emissions. Shelved plan to toughen health standards on lung-damaging smog. Rejected Keystone XL oil pipeline from Canada to Texas but supports fast-track approval of a segment of it. Proposes ending subsidies to oil industry but has failed to persuade Congress to do so.

___

Foreign policy:

Opposes a near-term military strike on Iran, either by the U.S. or by Israel, to sabotage nuclear facilities that could be misused to produce a nuclear weapon. Says the U.S. will never tolerate a nuclear-armed Iran but negotiation and pressure through sanctions are the right way to prevent that outcome. Reserves the right to one day conclude that only a military strike can stop Iran from getting the bomb. Declined to repeat the Libya air power commitment for Syrian opposition, instead seeks to build international consensus toward the goal of persuading President Bashar Assad to leave and to press Russia and China to stop shielding his government from international sanctions. Chastised Israel for continuing to build housing settlements in disputed areas and has pressed both sides to begin a new round of peace talks based on the land borders established after the 1967 Arab-Israeli conflict. Signed law to expand military and civilian cooperation with Israel. The law affirms U.S. support for negotiating the establishment of a Palestinian state, reflecting a U.S. bipartisan consensus. Opposes citing China as a currency manipulator, which could lead to broad trade sanctions, instead pressing the matter through diplomacy and aggressively bringing unfair-trade cases against China to the World Trade Organization.

___

Gay rights: Supports legal recognition of same-sex marriage, a matter decided by states. Opposed that recognition in 2008 presidential campaign ? and in 2004 Senate campaign ? while supporting the extension of legal rights and benefits to same-sex couples in civil unions. Achieved repeal of the military ban on openly gay service members. Has not achieved repeal of the Defense of Marriage Act, which denies federal recognition of same-sex marriages and affirms the right of states to refuse to recognize such marriages. Administration has ceased defending the law in court but it remains on the books. Directed government to require all hospitals that get Medicare and Medicaid financing to grant visitation privileges to gay and lesbian partners of patients. But has declined to issue an executive order barring federal contractors from discriminating against gay employees, holding out instead for congressional action to extend such protection to workers in all sectors. In 1996 Illinois state Senate campaign, stated "I favor legalizing same-sex marriages," a position he later abandoned at the federal level and now embraces again.

"I've just concluded that for me personally it is important for me to go ahead and affirm that I think same sex couples should be able to get married."

___

Guns: Has not pushed for gun control measures as president. Signed laws letting people carry concealed weapons in national parks and in checked bags on Amtrak trains. Favors "robust steps, within existing law" to address gun issues, White House says. Voices support for renewed ban on assault-type weapons but has not tried to get that done. Has not swung behind longshot Democratic bill, introduced after the Colorado movie theater shooting in July, to let only licensed dealers sell ammunition, require police to be notified after any sale of more than 1,000 rounds to an unlicensed person, and require buyers who aren't licensed dealers to show a photo ID. Backed tougher gun control as Illinois and U.S. senator, including proposals to renew the assault-weapons ban and require background checks for buyers at gun shows.

___

Health care: Achieved landmark overhaul putting U.S. on path to universal coverage now that Supreme Court has upheld the law's mandate for almost everyone to obtain insurance. Under the law, insurers will be banned from denying coverage to people with pre-existing illness, tax credits for middle-income and low-income people will subsidize premiums, people without work-based insurance will have access to new markets and small business gets help for offering insurance. Millions of uninsured are to be reached through expansion of Medicaid with hefty subsidies to states but Supreme Court limited federal power to penalize states that want to opt out of the expansion. Law's biggest changes start in 2014. "Nobody is going to go broke just because they get sick. And Americans will no longer be denied or dropped by their insurance companies just when they need care the most. That's what change is."

___

Immigration: Issued directive in June that immigrants brought illegally to the United States as children be exempted from deportation and granted work permits if they apply, a step that could benefit 800,000 to 1.4 million. "It's a temporary measure that lets us focus our resources wisely while offering some justice to these young people." Took the step after failing to deliver on a promised immigration overhaul, with the defeat of legislation that would have created a path to citizenship for young illegal immigrants enrolled in college or enlisted in the armed forces. Says he is still committed to it. Government has deported a record number of illegal immigrants under Obama, nearly 400,000 in each of the last three years.

___

Social Security: Has not proposed a comprehensive plan to address Social Security's long-term financial problems. During budget negotiations in 2011, proposed adopting a new measurement of inflation that would reduce annual increases in Social Security benefits. The proposal would reduce the long-term financing shortfall by about 25 percent, according to the Social Security actuaries.

___

Taxes: Wants to raise taxes on the wealthy and ensure they pay 30 percent of their income at minimum. Supports extending Bush-era tax cuts for everyone making under $200,000, or $250,000 for couples. But in 2010, agreed to a two-year extension of the lower rates for all. Wants to let the top tax rates go back up 3 to 4 percentage points to 39.6 percent and 36 percent, and raise rates on capital gains and dividends for the wealthy. Health care law provides for tax on highest-value health insurance plans. Together with Congress, built a first-term record of significant tax cuts for families and business, some temporary.

___

Terrorism: Approved the raid that found and killed Osama bin Laden, set policy that U.S. would no longer use harsh interrogation techniques, a practice that had essentially ended later in George W. Bush's presidency. Largely carried forward Bush's key anti-terrorism policies, including detention of suspects at Guantanamo Bay despite promise to close the prison. Also has continued with military commissions instead of civilian courts for detainees and invocation of state secrets privilege in court. Expanded use of unmanned drone strikes against terrorist targets in Pakistan and Yemen.

___

War: Ended the Iraq war he had opposed and inherited, increased the U.S. troop presence in Afghanistan then began drawing down the force with a plan to have all out by the end of 2014. Approved use of U.S. air power in NATO-led campaign that helped Libyan opposition topple Moammar Gadhafi's government. Major reductions coming in the size of the Army and Marine Corps as part of agreement with congressional Republicans to cut $487 billion in military spending over a decade.

___

ROMNEY:

Abortion and birth control: Opposes abortion rights. Previously supported them. Says state law should guide abortion rights, and Roe v. Wade should be reversed by a future Supreme Court ruling. But says Roe v. Wade is law of the land until that happens, and should not be challenged by federal legislation seeking to overturn abortion rights affirmed by that court decision. "So I would live within the law, within the Constitution as I understand it, without creating a constitutional crisis. But I do believe Roe v. Wade should be reversed to allow states to make that decision." Said he would end federal aid to Planned Parenthood.

___

Debt: Defended 2008 bailout of financial institutions as a necessary step to avoid the system's collapse, opposed the bailout of General Motors and Chrysler and said any such aid should not single out specific companies. Would cap federal spending at 20 percent of gross domestic product by end of first term. Stayed silent on the debt-ceiling deal during its negotiation, only announcing his opposition to the final agreement shortly before lawmakers voted on it. Instead, endorsed GOP "cut, cap and balance" bill that had no chance of enactment. Favors constitutional balanced budget amendment. Proposes broad but largely unspecified cuts in federal spending. Among the few details: 10 percent cut in federal workforce, elimination of $1.6 billion in Amtrak subsidies and cuts of $600 million in support for the arts and broadcasting.

___

Economy: Lower taxes, less regulation, balanced budget, more trade deals to spur growth. Replace jobless benefits with unemployment savings accounts. Proposes repeal of the (Dodd-Frank) law toughening financial-industry regulations after the meltdown in that sector. Proposes repealing the (Sarbanes-Oxley) law tightening accounting regulations in response to corporate scandals, to ease the accountability burden on smaller businesses. "We don't want to tell the world that Republicans are against all regulation. No, regulation is necessary to make a free market work. But it has to be updated and modern."

___

Education: Supported the federal accountability standards of No Child Left Behind law. In 2007, said he was wrong earlier in career when he wanted the Education Department shut because he came to see the value of the federal government in "holding down the interests of the teachers' unions" and putting kids and parents first. Has said the student testing, charter-school incentives and teacher evaluation standards of Obama's "Race to the Top" competition "make sense" although the federal government should have less control over education.

___

Energy and environment: Supports opening the Atlantic and Pacific outer continental shelves to drilling, as well as Western lands, the Arctic National Wildlife Refuge and offshore Alaska; and supports exploitation of shale oil deposits. Wants to reduce obstacles to coal, natural gas and nuclear energy development, and accelerate drilling permits in areas where exploration has already been approved for developers with good safety records.

Says green power has yet to become viable and the causes of climate change are unknown. Proposes to remove carbon dioxide from list of pollutants controlled by Clean Air Act and amend clean water and air laws to ensure the cost of complying with regulations is balanced against environmental benefit. Says cap and trade would "rocket energy prices."

Blames high gas prices on Obama's decisions to limit oil drilling in environmentally sensitive areas and on overzealous regulation.

___

Foreign policy: Appears to present a clearer U.S. military threat to Iran and has spoken in more permissive terms about Israel's right to act against Iran's nuclear facilities, without explicitly approving of such a step. "Of course you take military action" if sanctions and internal opposition fail to dissuade Iran from making a nuclear weapon, he has said. Has spoken in favor of covert action by the U.S. and regional allies in Syria but "the right course is not military" intervention by the U.S. Associates himself more closely with hardline Israeli Prime Minister Benjamin Netanyahu, pledges more military assistance to Israel and agreed with Israel's position that Jerusalem is the capital, disregarding the Palestinians' claim to the eastern sector annexed by Israel in 1967 in a move not internationally recognized. Has branded Russia the "No. 1 geopolitical foe" of the U.S. and threatened to label China a currency manipulator in a move that could lead to broad trade sanctions.

___

Gay rights: Opposes legal recognition of same-sex marriage and says it should be banned with an amendment to the Constitution, not left to states. "Marriage is not an activity that goes on within the walls of a state." Also opposes civil unions "if they are identical to marriage other than by name," but says states should be left to decide what rights and benefits should be allowed under those unions. Says certain domestic partnership benefits ?largely unspecified ? as well as hospital visitation rights are appropriate but "others are not." Says he would not seek to restore the ban on openly gay military members. Asserted in 2002 campaign for Massachusetts governor that "all citizens deserve equal rights, regardless of sexual preference," in tune with statements years earlier as a Senate candidate that equality for gays and lesbians should be a "mainstream concern." But did not explicitly support marriage recognition and, as governor, opposed same-sex marriage when courts legalized it in Massachusetts. "My view is that marriage itself is between a man and a woman."

___

Guns:

Opposes stricter gun control laws. Suggested after the Colorado shooting that he favors tougher enforcement of existing gun laws, although the theater attack was carried out with legally acquired weapons. As Massachusetts governor, vowed in 2002 to protect the state's "tough gun laws," and in 2004 signed a Massachusetts ban on assault weapons. Quadrupled state's gun-licensing fee but loosened rules on the licenses and extended their duration. In 2008 primary campaign, said he would have signed the federal assault weapons ban if it had come to him as president, but he opposed any new gun legislation.

___

Health care: Promises to work for the repeal of the federal health care law modeled largely after his universal health care achievement in Massachusetts because he says states, not Washington, should drive policy on the uninsured. Proposes to guarantee that people who are "continuously covered" for a certain period be protected against losing insurance if they get sick, leave their job and need another policy.

Would expand individual tax-advantaged medical savings accounts and let the savings be used for insurance premiums as well as personal medical costs. Would let insurance be sold across state lines to expand options, and restrict malpractice awards to restrain health care costs. Introduce "generous" but undetermined subsidies to help future retirees buy private insurance, or let them have the option of traditional Medicare, with a gradually increasing age to qualify for benefits.

___

Immigration: Favors U.S.-Mexico border fence, opposes education benefits to illegal immigrants. Opposes offering legal status to illegal immigrants who attend college, but would do so for those who serve in the armed forces. Establish an immigration-status verification system for employers and punish them if they hire non-citizens who do not prove their legal status. Proposes more visas for holders of advanced degrees in math, science and engineering who have U.S. job offers, and would award permanent residency to foreign students who graduate from U.S. schools with a degree in those fields. Would end immigration caps for spouses and minor children of legal immigrants. Although criticizing Obama's directive protecting immigrants who came to the U.S. illegally as children, would not say if he would reverse it, pledging instead an unspecified "civil but resolute" long-term fix to illegal immigration.

___

Social Security: Protect the status quo for people 55 and over but, for the next generations of retirees, raise the retirement age for full benefits by one or two years and reduce inflation increases in benefits for wealthier recipients.

___

Taxes: Keep Bush-era tax cuts for all incomes and drop all tax rates further, by 20 percent, bringing the top rate, for example, down to 28 percent from 35 percent and the lowest rate to 8 percent instead of 10 percent. Curtail deductions, credits and exemptions for the wealthiest. End Alternative Minimum Tax for individuals, eliminate capital gains tax for families making below $200,000 and cut corporate tax to 25 percent from 35 percent. Does not specify which tax breaks or programs he would curtail to help cover costs.

___

Terrorism: No constitutional rights for foreign terrorism suspects. In 2007, refused to rule out use of waterboarding to interrogate terrorist suspects. In 2011, his campaign said he does not consider waterboarding to be torture.

___

War: Endorses 2014 end to U.S. combat in Afghanistan, subject to conditions at the time. Would increase strength of armed forces, including number of troops and warships, adding almost $100 billion to the Pentagon budget in 2016.

___

Associated Press writers Ben Feller, Matt Apuzzo, Ricardo Alonso-Zaldivar, Stephen Ohlemacher, Alan Fram, Dina Cappiello, Ken Thomas, Jim Kuhnhenn and Christopher S. Rugaber contributed to this report.

Source: http://news.yahoo.com/obama-romney-where-stand-issues-184344925.html

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Enjoy The Changes In Your Life When You Improve Self Confidence ...

Webmaster | August 4, 2012 (14 hours ago) | no comments



Enjoy The Changes In Your Life When You Improve Self Confidence

Article by Sherri Frost

When you improve self confidence you increase your probability of winning in everything you do. A confident person will show it by the way they walk, talk and smile. Self confidence is one of the most important qualities a person can have. It shows that you believe in your own abilities. The level of sureness depends on a number of things including life experiences and relationships.

A lack of self confidence is somewhat common. Most folks are completely confident in one situation and are much less so in a different one. For example, someone may be confident in social situations with friends but be nervous on a date. Another person might be confident in a small office meeting but feel very nervous speaking publicly in large group. We continuously find a challenge in unfamiliar circumstances that we are not sure we can handle.

When you begin to believe in your abilities you will improve self confidence. null

It is commonly thought that the way to become more confident is to simply act as if you are. Even if you are not feeling confident, put a smile on your face, walk with your head high and project a voice of authority. null

Another way to build confidence is to risk doing new things. null Each time you step into your fear, and do it anyway, you gain some more confidence. The problem with this is that it can be difficult to look at your fear on your own.

Many of our greatest leaders have been able to accomplish what they did because they believed strongly that they could. Whether you believe you can or believe you can?t, you?re right. It all comes down to your basic beliefs and how you talk to yourself. That?s right, self-talk.

A lot of of the factors affecting self confidence are beyond your control. There is one thing that you can control and that is the way you talk to yourself. But first you must become aware of it. When you start to pay attention, you will find that a lot of it is negative. Begin to make a conscious effort to change those comments around so that they reflect a more positive view. For example, if you find yourself saying things like ?I?m so incompetent? you can reframe it to say instead ?I?m learning something new.?

Hypnosis has long helped people who want to improve self confidence. When all else fails, it is a good alternative. Studies prove that self hypnosis is an effective tool used to increase that feeling of self confidence. Hypnosis is easy to do and it has long lasting, effective results. The straight forward suggestions incorporated in hypnosis will improve the way you talk to yourself. It can give you the feeling of being unstoppable instead of fearful.

It is important to know how hypnosis works in its? role in improving self confidence. It is as easy as getting into a comfortable and deeply relaxed state of mind where your subconscious mind allows and accepts suggestions. You?ll replace your negative thoughts with positive ones that help you build confidence. You won?t suddenly do things you wouldn?t ordinarily do. It?s about accepting suggestions that you want to incorporate into your life.

A lack of self confidence is a huge challenge to overcome in your life. It can keep you from reaching your full potential. There are a number of things you can consciously do to improve self confidence. How will you get started?

About the Author

Sherri Frost is a Certified Hypnotist, NLP Master Practitioner and Neuro-Linguistic Love-n-Life Coach who helps people overcome stress, habits and fear so you can enjoy all life has to offer. Are you ready to discover more about self hypnosis to stop smoking? Get your free hypnosis audio here: http://www.hypnosis-self-help.com/hypnotism-to-quit-smoking.html












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Source: http://www.healthylifestyleplus.com/mind/enjoy-the-changes-in-your-life-when-you-improve-self-confidence/

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Saturday, August 4, 2012

Alter Ego Liability in Construction | Kring & Chung Attorneys LLP


By: Lance A. Adair

Contractors routinely face a number of liability threats as a cost of doing business. One that is occasionally overlooked is the threat of ?alter ego? liability. Are you the alter ego of your company? And what does that mean exactly? Under the law of most states, it means that you could be held personally liable for the debts or liabilities of your corporation or limited liability company if a plaintiff is able to satisfy certain legal requirements. Most likely, your intent in setting up a separate corporation or LLC was to avoid that kind of responsibility. It pays, therefore, to know a bit about the law of alter ego liability.

Under California law, alter ego liability will be imposed where two conditions are met: (1) there is such a unity of interest and ownership that the separateness of the individual (or another entity) and the business entity has ceased; and (2) recognizing the business entity as being separate from the individual (or other entity) would, under the particular circumstances, ?sanction a fraud or promote injustice.?

The meaning of the above standard is subject to considerable judicial interpretation and, as is often the case in litigation, the courts assess a variety of factors in deciding whether to impose liability on an alleged alter ego. The factors are numerous and the case law is not always consistent. Moreover, alter ego liability can be imposed where some of the factors, but not others, are present. Nonetheless, most alter ego cases have at their core an allegation that the defendant has failed to maintain proper separation between his or her personal affairs (or the affairs of another owned business entity) and those of the company being sued.

Here are a few simple guidelines for contractors and other business owners (including members of a California limited liability company) seeking to avoid the prospect of a personal judgment for the obligations of a corporation or LLC:

  1. Observe all corporate formalities. Devote the necessary time and attention to this task. It will be well worth it in the long run.
  2. Never commingle assets (or liabilities). Maintain separate bank accounts and keep them separate. Always avoid commingling the funds of separate corporations or LLC?s, and always keep personal and corporate funds separate from corporate funds. Never pay the debts of one using an account maintained by the other. (Contractors in California should also be aware of the potential civil and criminal penalties for diverting funds from one job to another?which is a topic for another update.)
  3. Never use corporate funds to purchase services or items for personal use. Pay yourself first, then use your own personal funds for your purchases.
  4. Never hold yourself out as being responsible for the debts or obligations of your company.
  5. Have adequate capitalization for your intended operations and purchase adequate insurance.

Following the basic guidelines above will not protect you from an alter ego judgment in all circumstances; every case is unique and calls for individualized legal advice and attention. If you have questions about avoiding alter ego liability, or if you are sued as an alleged alter ego, seek prompt legal advice.

Lance A. Adair is Of Counsel with Kring & Chung, LLP?s Irvine, CA office. He can be contacted at (949) 261-7700 or ladair@kringandchung.com.

Source: http://www.kringandchung.com/alter-ego-liability-in-construction/

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Breast Cancer Charity Overstates Value of Mammograms: Researchers

THURSDAY, Aug. 2 (HealthDay News) -- The breast cancer charity that brought the world the pink ribbon exaggerates the benefits of mammography while minimizing its harms, researchers claim.

The organization in question is the Susan G. Komen for the Cure, which stated in a 2011 advertisement that the five-year survival rate for breast cancer when caught early is 98 percent, while it is only 23 percent if not caught early.

"The survival statistics they present are eye-catching and compelling. They imply that a woman would be crazy and irresponsible if they didn't go for screening," said Dr. Steve Woloshin, co-author of the article challenging the charity. "But the statistics are deceptive."

According to Woloshin's commentary, which appears online Aug. 2 in the BMJ, a woman in her 50s who goes for regular mammograms for 10 years will only cut her chance of dying by a fraction of a percentage point -- for every 10,000 women who are screened 7 deaths will be prevented.

The reason for the discrepancy?

Survival statistics calculate how long a woman lives only after diagnosis, the researchers explained.

If 100 women were diagnosed with breast cancer after feeling a lump at age 67 and all died three years later at the age of 70, the five-year survival rate would be 0 percent.

But, if the cancers were detected by mammography when the women were 64 and they still died at the age of 70, the five-year survival would be 100 percent.

Komen also minimizes the harms that can come from over-screening, according to the article.

For every woman whose life is saved by mammography, between two and 10 women are overdiagnosed, meaning they are told they have cancer when they do not and end up going through unnecessary treatment.

And up to half of women who are screened every year for a decade receive at least one false positive, meaning they have to undergo a biopsy and experience the fear of thinking they have breast cancer, if only temporarily.

The article comes at a time when there has been increasing furor over the value of breast cancer screening. The U.S. Preventive Services Task Force now recommends that women in their 40s do not get regular mammograms.

In contrast, the American Cancer Society recommends that all women aged 40 and over get annual mammograms.

In the end, women need to get reliable information from their physicians or other sources about the risks and benefits of mammography. One problem is that not all primary care physicians know the right numbers to convey to their patients, according to a recent survey.

Overall, few doctors would argue that there isn't some benefit to mammography.

Dr. Stephanie Bernik, chief of surgical oncology at Lenox Hill Hospital in New York City, supports the charity's push for cancer screening.

"As physicians, we feel that breast cancer screening is extremely beneficial," she said. "Screening does save lives, but it's probably not as dramatic as it's sometimes made out to be."

Adds Woloshin, who is professor of medicine and community and family medicine at Dartmouth School of Medicine and The Dartmouth Institute for Health Policy and Clinical Practice: "There is some benefit but the magnitude is of a different order from what is implied by the ad. Women should make good decisions for themselves."

A representative of the Komen Foundation defended the organization's position.

"Everyone agrees that mammography isn't perfect, but it's the best widely available detection tool that we have today," said Chandini Portteus, Komen's vice president of research, evaluation and scientific programs. "We've said for years that science has to do better, which is why Komen is putting millions of dollars into research to detect breast cancer before symptoms start, through biomarkers, for example," she explained.

"Komen also is funding research to help accurately predict which tumors will spread and which won't," Portteus continued. "While we invest in getting those answers, we think it's simply irresponsible to effectively discourage women from taking steps to know what's going on with their health," she noted.

"The numbers are not in question," Portteus said. "Early detection allows for early treatment, which gives women the best chance of surviving breast cancer."

More information

The U.S. National Cancer Institute has more on breast cancer.

Source: http://news.yahoo.com/breast-cancer-charity-overstates-value-mammograms-researchers-231206782.html

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Wednesday, August 1, 2012

Packers top first-ever AP Pro32 rankings

NEW YORK (AP) ? The Green Bay Packers top the first-ever AP Pro32 NFL power rankings, a new pro football version of the AP Top 25 college football and basketball polls.

Once the NFL season starts, the AP Pro32 rankings will be updated weekly.

Green Bay is followed by New England and the New York Giants. Indianapolis is projected as the worst team in the NFL heading into the 2012 season.

The Packers, coming off a 15-1 record but without a championship, received 374 points from a panel of 12 sports writers and broadcasters who regularly cover the league. The Packers got five first-place votes, as did the Giants, who beat Green Bay on their way to a Super Bowl win over the Patriots last season.

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Online: http://bigstory.ap.org/NFL-Pro32 and http://twitter.com/AP_NFL

Source: http://news.yahoo.com/packers-top-first-ever-ap-pro32-rankings-151035848--nfl.html

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