Daily Archives: February 6, 2017

Meanwhile in Canada Things Are Just as Bad – New York Times

Posted: February 6, 2017 at 3:54 pm


New York Times
Meanwhile in Canada Things Are Just as Bad
New York Times
But the belief that Canada is a liberal utopia holds only if you have no concept of Canadian history and little knowledge of current events, and only if you walk through its cities and towns without speaking to anyone who isn't white, middle class or male.

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Meanwhile in Canada Things Are Just as Bad - New York Times

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Who is authorized to bind your family business to contracts? – Lexology (registration)

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A family business significant commercial relationships are usually reflected in written agreements. But who is authorized to sign those agreements and to bind the company to the terms? Typically, a companys management will have actual authority to sign agreements. However, the company may give the impression to third parties that other employees (for example, purchasing agents, account managers and IT personnel) that those employees have apparent authority to sign contracts relating to their areas of responsibility and thus bind the company to agreements. It is therefore important for family business owners and management to clearly instruct their employees and agents and to communicate to third parties as to whether those employees or agents are authorized to sign contracts and other important documents on the companys behalf.

A recent trial court decision from New York Utopia Home Care, Inc. v. Revival Home Health Care, Inc. highlights the confusion and potential for liability that can arise when an employee signs a document on a companys behalf without express authority to do so. According to the Courts decision, Utopia is a family owned and operated business, with its president, her father and her brother being the companys sole stockholders and officers. Utopia provided home care services for patients referred by Revival. A written contract, signed by Utopias president, provided the terms of payment for these services.

After Utopia provided certain services, it sent invoices to Revival totaling over $60,000, which Revival refused to pay. Utopia filed a lawsuit to collect the unpaid balance. Revival defended by pointing to a document that it claimed was a written amendment to the contract that reduced the time within which Utopia must submit an invoice in order to receive payment. This amendment was signed by an employee who, Utopia claimed, was an administrator for [Utopias] New York offices only . . . and [who] had no authority to negotiate or approve any contract amendments.

According to Utopias president, only the family member owners and shareholders were authorized to enter into contracts on Utopias behalf and to bind the company. The Court credited this testimony and found that the administrator who signed the amendment was not authorized to sign it and thus could not bind Utopia to the shorter time limits for submitting invoices for payment. The Court noted that neither party called the administrator as a witness and further stated how it was somewhat remarkable that the key witness as to the issue of agency, authority, [and] apparent authority . . . was not called.

It is not clear how the Court would have ruled had the administrator been called as a witness, but one expects that Revival would have attempted to make it clear through that witness or others that Utopia represented or gave the impression that the administrator was authorized to sign the amendment and to bind the company to the change in payment terms. Such testimony, if the Court believed it, may have led the Court to rule that Utopia was in fact bound by the claimed amendment and thus not entitled to collect on the late requests for payment. Instead, the Court entered judgment in Utopias favor for the full amount of the unpaid invoices, concluding that the amendment was not effective to bar payment.

One takeaway from this case is that a family business should clearly notify all employees that only certain company personnel such as the family member owners and managers in Utopias case are authorized to sign any contracts, amendments or other legally binding documents on the companys behalf. The company also should take steps to not give the impression to third parties that unauthorized personnel actually do have the ability to sign and bind the company to agreements. Finally, the company should put oversight processes into place to ensure that such limitations on contract signing are enforced. By doing so, family businesses may be able to avoid claims that they are bound to terms of agreements that they did not intend to enter.

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First Listen: Sinkane, ‘Life & Livin’ It’ – NPR

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Sinkane's new album, Life & Livin' It, comes out February 10. Adam Tetzloff/Courtesy of the artist hide caption

Sinkane's new album, Life & Livin' It, comes out February 10.

In the pop music narrative that codified after punk nihilism excoriated hippie ideals, and disco's utopia was replaced by a hip-hop realism, representing hope has rarely been easy and almost never hip. Until poptimism's inherent diversity became a more readily accepted lense through which to engage upbeat earworms and different perspectives, preaching simple pleasures or their spiritual powers through popular song wasn't taken seriously, either. Even in the best of times.

Among the fascinating things about Ahmed Gallab and the music he's been making as Sinkane is its transcendence of such commandments of cool. There's obvious reason for that. Between his multi-cultural background (born in London, raised in Sudan, before his family took up political refuge in Provo, Utah), his musical aptitude (he's played with Caribou and Yeasayer, and toured the music of William Onyeabor), and his curiosity (his ingredients range from Krautrock to dub to disco), no box could hold Gallab for too long at times, maybe to his own career's detriment. Much of his creative progress was predicated on inclusivity.

Paradoxically, this is also why a large chunk of the New York music scene (Sinkane's home turf for nearly a decade) has been cheering on Gallab to make an album like Life & Livin' It for a long time. From the AFROPUNKs to the hipsters at DFA Records, Sinkane's audience and support groups were vocal in the belief that he could produce a record reflecting his myriad of musical and social influences, with songs that stood a chance of transcending commercial expectations, allowing Sinkane's optimism to escape a limited audience. The clarity, confidence and hooky-ness of Life & Livin' It justifies that belief.

The power of Gallab's conviction is apparent straightaway. The opening stomp of "Deadweight," a mid-tempo classic-rock chugger, is a rolling combination of beats and guitars, redolent of Tuareg desert-blues ensembles like Tinariwen, yet finds space for goth-y synthesizers. The song's central question is what to do with one's self-doubt; the relentless answer, "I don't know, but I keep trying," could be the mantra for all hope-y/change-y masses. "Deadweight" also introduces Life's central tenet: mixing non-Western, diaspora-delic elements (highlife, dub, North African tonalities) and the sonic history of New York's artsy, bohemian Downtown. Though it's hardly a novel conceit (see: Talking Heads and Vampire Weekend, among many), what distinguishes Sinkane's take on the formula is its marriage of borderless musical vocabularies with a forceful insistence (courtesy of lyricist Greg Lofaro) to transcend negativity, yet remaining wholly present, never descending into wish-fulfillment. Where other artists feel like tourists, Sinkane defines his new home.

Jangly guitars radiate all over the ode to how his "Favorite Song" makes him feel. On "U'Huh," brass lines echo Ethiopian jazz melodies and power a lyric that not only mirrors Kendrick Lamar's "we're gonna be alright" but translates that phrase into Arabic (how's that for timely?). Even the album's lone venomous exception "Telephone," a vague kiss-off that also seems suspiciously laser-pointed drapes its negativity in a groove that reflects Remain in Light or a great old Can track, chasing demons away by hitting the dance-floor.

Unsurprisingly, all these musical and metaphysical narratives align on the title track, a statement of purpose that is one of the young year's finest anthems. Lyrically, this is homegrown Buddhism, a guide to aligning life with one's own expectations and natural rhythms rather than the social norms; melodically, it distills Afro-Pop's effervescence, the cheer of Stevie Wonder's mid-'70s classics and TV on the Radio art-punk eloquence into something grand and regal. It is ambitious beyond belief, the way only a deeply personal statement can truly be. Further proof that you can't successfully fake optimism, and that maybe invoking it isn't as unfashionable as it once was.

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First Listen: Sinkane, 'Life & Livin' It' - NPR

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Oceania Natural third-quarter sales growth stalls – Scoop.co.nz (press release)

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Tuesday 31 January 2017 12:36 PM

Oceania Natural third-quarter sales growth stalls on unstable grey market

By Paul McBeth

Jan. 31 (BusinessDesk) - Oceania Natural's third-quarter revenue stalled earlier growth as an unstable grey market in China prompted the honey and noni juice products maker to rethink its distribution into the world's most populous nation.

Total revenue was $327,000 in the three months ended Dec. 31, compared to $1 million in the second quarter, the Auckland-based company said in its key operating metrics. The NXT-listed company last week scaled back its 2017 forecast as discounted rival honey products undermined its sales into China through grey markets, and forced it to focus on direct distribution channels.

Oceania Natural said sales were weighed on by the uncertainty over the definition of genuine manuka honey and an upcoming science report will be watched by the industry and consumers alike, while changing Chinese regulations and the rise of counterfeit manuka online meant it had to rely on slower distribution through direct channels.

Last week the company lowered its revenue target to $2.2 million for the year ending March 31 from $5.4 million. Sales into China via distributors are expected to be $605,000, down from a previous forecast of $4 million, while Oceania's direct sales are projected to be $1.6 million, up from $1.4 million. The forecasts make up Oceania's key operating milestones (KOM) used on the NXT market instead of continuous disclosure requirements.

Today's third-quarter metrics show direct sales accounted for $138,000 of revenue in the period, while distributor sales totalled $189,000. Gross margin was 38 percent in the period.

Oceania last traded at $1.94, down from $2.16 when it lowered its forecasts last week.

(BusinessDesk)

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The Wellington-based BusinessDesk team led by former Bloomberg Asian top editor Jonathan Underhill and Qantas Award-winning journalist and commentator Pattrick Smellie provides a daily news feed for a serious business audience.

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Harry Sommer in Sydney for Oceania Australasia appointment – Seatrade Cruise News

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Norwegian Cruise Line Holdings Harry Sommer, evp international business development, was on board Seven Seas Voyager at a media luncheon in Sydney February 4 when Steve McLaughlin was named vp sales Australasia for Oceania Cruises.

Sommer, who arrived in Sydney two days earlier, was to have hosted media on board Norwegian Star February 6 to mark the companys return to Australia after a hiatus of 15 years.

However, following the technical problems Norwegian Star has experienced during her voyage to Sydney from Hong Kong, the function was merged with the February 4 event on Seven Seas Voyager.

Norwegian Cruise Lines Steve Odell, vp and md Asia Pacific, told guests dining in the ships new French bistro, Chartreuse, that McLaughlin will take up his new position on March 13.

As reported here, McLaughlin had been Ponants director of sales Australia since January 2014.

Were thrilled to welcome Steve on board at such a crucial time for Oceania Cruises in Australasia, Odell said. Our local Australia office has had an incredibly successful first year and NCLH is firmly committed to further expansion in the three distinct market segments represented by our brands.

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Davis Cup 2017: India beat New Zealand 4-1 in Asian Oceania Group – NewsX

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India defeated New Zealand 4-1 in Asian Oceania Group 1 Davis Cup tie here on Sunday.

Tennis player Ramkumar Ramanathan defeated Finn Tearney of New Zealand in the first match of the reverse singles to hand India a comfortable 4-1 victory in Asian Oceania Group 1 Davis Cup tie here on Sunday.

Following the win, India will now take on Uzbekistan in the second round of the Asia-Oceania Group I in April.

Ramanathan outplayed Tearney in straight sets 7-5, 6-1, 6-0 to seal the match for the hosts at the Balewadi Sports Complex here.

The first set was evenly contested but it was the Indian player who proved superior and defeated the Kiwi 7-5.

The second and third games witnessed Ramanathan at his best. He outclassed his opponent in every department of the game.

Later in the day, Yuki Bhambri plays the second reverse singles match of the dead rubber with Jose Statham.

Earlier, Bhambri and Ramanathan both won their mens singles matches to give India a crucial 2-0 lead against the visitors before Leander Paes and Vishnu Vardhan went down in the third rubber to Artem Sitak and Michael Venus.

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Davis Cup 2017: India beat New Zealand 4-1 in Asian Oceania Group - NewsX

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Hamish Bond eyes Oceania Road Cycling Championships – Newshub

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By Kristina Eddy

The Oceania Road Cycling Championships in Canberra in March are next on the cards for Olympic rowing star turned cycling enthusiast Hamish Bond.

The two-time Olympic rowing gold medallist will line up alongside some other strong Kiwi talent, including fellow road converts Sam Webster, Dylan Kennett and Eddie Dawkins.

"I hope I go well. The result is important but its the performance and what I can put out that is more important to me," said the 30-year-old.

Bond kicked off his cycling campaign following the Rio Olympics, with a convincing win at the Abel Tasman Cycle Challenge over Tour De France professional George Bennett back in December.

A month later he found the podium again - placing third at the Napier National Road Championships 40km time-trial and 14th in the 169km road race two days later.

I wouldnt say Ive smashed it out of the park but its a good start."

Getting off the water and onto the bike has been a smooth transition for Bond, despite fracturing his wrist and rib in a crash earlier this year.

"You row with your legs and you cycle with your legs so I was conditioned for it.

"The rest of it is just training hard and pushing hard and just being prepared to work and to suffer."

The Kiwi rowing hero hasnt kept his eye off of his old code, and noted hes still heavily invested in the scene.

"Its always a challenge post-Olympic year and theres always a little bit of a shakedown, with new faces, new crews and new line-ups so hopefully it all goes well. Theyve got my full support for sure."

However, if all goes well on the bike, it may be some time before we see the Olympic champion back on the water.

"I had a fairly good handle on what the limit of my potential was in rowing and this is just about discovering what the limit is in cycling. I still have no idea but Im keen to try and find out."

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Bahamas Victory Could Propel Lincicome to 2017 Solheim Cup – LPGA (press release)

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Brittany Lincicome has belted her way into the hunt for what could be her sixth consecutive berth on Team USA at the 2017 Solheim Cup after her season opening win at the Pure Silk Bahamas LPGA Classic.

"Making the Solheim Cup team is by far my number-one goal," Lincicome said. "Getting a win is just icing on the cake. To make the Solheim Cup team and play for (Team USA Captain) Juli Inkster again would just be a dream come true.

Known as "Bam Bam" for her monstrous tee shots, Lincicome jumped out to an early lead at the Pure Silk Bahamas while setting a 36-hole course record 129. She finished the final round in a tie with Lexi Thompson at 26 under par. Lincicome won the tournament title with a birdie putt on the first playoff hole. The Jan. 29 win marked her seventh career victory on the LPGA Tour and her first since she won the ANA Inspiration in 2015. The win also catapulted the 31-year-old Floridian to seventh place on the 2017 Solheim Cup point rankings.

Lincicome brings an impressive long game. She's hit drives as long as 369 yards and ranks third on the LPGA this season in average driving distance. She can easily challenge the par 5 holes, which could give her team opportunities to card eagles and birdies at Des Moines Golf and Country Club, site of the 2017 Solheim Cup. She also has improved her short game, showcasing an excellent putting stroke at the Pure Silk Bahamas.

While her early season win is a confidence builder, Lincicome says success in the match play format at the 2017 Solheim Cup will rely heavily on team chemistry. She ought to know, having played for Team USA in every Solheim Cup since 2007, where she has a combined match play record of 5-11-2.

"The Solheim Cup week is a very stressful week. Obviously we want to play well for ourselves, play well for our country and play well for our captain," Lincicome said.

"There's an extra pressure on it than a normal week when you play individually for yourself. Obviously the emotions are very high in the locker room. So I just try to be myself, pump everybody up and encourage everyone as best as I can."

Will Lincicome deliver her long blasts for Team USA? The next six months will tell. Get your tickets now to catch all the action when Team USA faces off against Team Europe at the 2017 Solheim Cup at Des Moines Golf and Country Club, in West Des Moines, Iowa, August 14-20.

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Bahamas Tops Caribbean On Crime’S Economic Cost – Bahamas Tribune

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By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

The Bahamas leads the entire Caribbean on economic losses stemming from crime, losing $434 million or almost 5 per cent of its annual gross domestic product (GDP) to the scourge.

The extent of crimes impact on Bahamian economic output and wider society is laid bare in an Inter-American Development Bank (IDB) report, which shows that out of 17 Latin American and Caribbean countries, only Honduras and El Salvador incur greater annual costs as a proportion of GDP.

The study, The costs of crime and violence: New insights in Latin America and the Caribbean, reveals that the Bahamas is one of only two countries in the region where crime costs its citizens and residents more than $1,000 per person annually.

Once currency differences are accounted for, crime was shown as costing Bahamas residents $1,177 per capita annually, second only to Trinidad & Tobagos $1,189 per person.

The IDB study described crimes costs as particularly high in the Bahamas, while placing Jamaica and Trinidad & Tobago in the same category, with more than 75 per cent of Bahamian companies spending money on security personnel, technology and equipment.

Again, the Bahamas is second only to Trinidad in the proportion of companies forced into expenditure on security measures, which has become an everyday feature of life for too many businesses.

The private security industry has been one of the few growth areas in the Bahamian economy since the 2008-2009 recession, reflecting just how strong a grip crime - and the fear of crime - maintain on the private sector and wider society.

In Honduras, private spending is almost 2 per cent of GDP more than twice the regional average and the higher bound is above 3 per cent, the IDB said of spending on security measures.

El Salvador follows with costs incurred by the private sector hovering between 1.6 and 2.7 per cent of GDP. The Bahamas and Brazil also show high private costs, with estimates varying between 1 and 1.9 per cent.

The IDB study also found that when it came to the Caribbeans urban areas, New Providence and Nassau led the way when it came to the number of physical assaults, robberies, burglaries, thefts and car thefts per capita. Nassau was above the global and regional average for all categories apart from burglary and theft.

The findings again illustrate why it is a matter of national urgency, and priority, for the Bahamas to get a grip on crime, given the enormous economic and social costs it continues to inflict, and which threaten to both undermine its main industries and overall competitiveness.

Not surprisingly, the three countries in the [Caribbean] that lose the highest percentages of their GDP to crime are those with the highest levels of violent crime: The Bahamas, Jamaica, and Trinidad and Tobago, the IDB study found.

The high levels of crime likewise affect the private sector in the [Caribbean]. The number of firms in the Caribbean experiencing losses due to crime, and the proportion of firms that pay for private security, are higher than the international averages. These costs draw money away from other activities that could potentially enhance productivity - such as the amount spent on research and development, which is lower than the amount spent on crime overall.

Finally, although government expenditure on combating crime is relatively high, the money is spent overwhelmingly on police, but this has not translated into higher police effectiveness, the report continued.

Moreover, with precious little of the total expenditure going to the judicial systems and crime prevention, much of the sub-region has ended up with overcrowded prisons, where nearly half of the detainees may wait years before going to trial.

The report, which has been studied by Tribune Business, seeks to measure crimes costs from three perspectives. Apart from the impact on the private sector, and the spending by households and companies on security, it also analyses the cost to government in terms of public expenditures on the judicial and prison systems, plus the police force.

And, finally, it also attempts to measure crimes social costs, particularly its impact on Bahamians quality of life, and income lost by the imprisonment of inmates at Fox Hill prison.

The Bahamas was found to lead the Caribbean by almost a full percentage point of GDP when it came to crimes costs, estimated to cost this nation 4.79 per cent of annual economic output - a sum equivalent to $434 million.

Only Jamaica came near to the Bahamas at 3.99 per cent of GDP per annum, with just Honduras and El Salvador ahead of this nation in the Latin American and Caribbean region, both losing more than 6 per cent of their annual economic output.

Adjusting for different currencies and exchange rates, the IDB study found: Trinidad & Tobago and the Bahamas have the highest costs at well over US$1,000 per capita in international US dollars.

Argentina is a relatively distant third, with per capita costs slightly below $700 in international US dollars. Guatemala, Paraguay, and Honduras, in that order, have the lowest per capita costs at or below $300 in international US dollars.

The Bahamas was also shown to be above the regional average when it came to income lost as a result of murders/homicides, the report pegging this at almost 0.5 per cent of annual economic output - a sum equal to $40-$50 million.

On average, foregone income related to homicides represents 0.32 per cent of GDP, the IDB study said. However, this average hides enormous variability across countries.

The Bahamas has the third highest homicide cost, at 0.48 per cent of GDP..... The third country classified as having a high social cost of homicides [after Honduras and El Salvador] is the Bahamas, with an average cost from homicides of 0.53 per cent of GDP during the sample period. The Bahamas had a peak cost of 0.64 per cent in 2011, and the lowest value in 2010 at 0.47 per cent.

The Bahamas also incurred one of the high costs in income foregone as a result of the incarcerated prison population at Fox Hill, the IDB estimating this as equivalent to 0.35 per cent of GDP - around $30-$40 million - as result of inmates not being engaged in productive work.

Adding this to the 0.3 per cent of GDP spent by the Government on running Fox Hill prison, the report found the Bahamas was spending 0.65 per cent of its annual economic output on incarceration - a proportion that was the second highest loss in the Latin American and Caribbean region.

Taking all this into account, the Bahamas led the Caribbean in terms of the social costs inflicted by crime. Overall, social costs of crime are lowest in Chile, at 0.28 per cent of GDP, followed by Argentina and Barbados, both at 0.30 per cent, the IDB study found.

Countries with the highest costs are Honduras, at 2.19 per cent of GDP, El Salvador, at 1.44 per cent, and the Bahamas, at 0.94 per cent.

When it came to government spending on the police/security forces, and crime prevention, the IDB report found that the Bahamas lagged behind only Jamaica and Barbados, pegging this at between 1.15 per cent and 1.94 per cent of this countrys GDP.

However, conversely, the Bahamas and these other two nations were shown as spending the least - around 0.06 per cent of GDP - on their judicial systems and the administration of justice.

The IDB report said this overreliance on the police to combat crime had resulted in the Bahamas having the highest ratio of police to citizens in the region - some 846 officers per 100,000 persons.

However, high police density has not necessarily resulted in rapid police response or higher police effectiveness in solving and investigating crime, the study added.

Referring to a survey of persons living in Nassau and four other Caribbean metropolitan areas, the report said: Of those polled...., an average of 56 per cent said that if they called the police because someone was entering their home, it would take the police more than 30 minutes to arrive.

It would take more than three hours, according to 9 per cent of respondents, and 2.5 per cent said there are no police in their area at all.

The Bahamas, though, was said to have the highest murder rate detection based on 2013 data, pegged at 51 per cent.

And the Christie administration has been attempting to address the justice systems weaknesses via the $20 million Citizen Security initiative with the IDB, increasing the number of criminal courts and recently unveiling the Office of the Public Defender.

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Bahamas Tops Caribbean On Crime'S Economic Cost - Bahamas Tribune

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Venezuela hosts home Davis Cup matches vs. Bahamas in Doral – Miami Herald

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Miami Herald
Venezuela hosts home Davis Cup matches vs. Bahamas in Doral
Miami Herald
The Venezuelan Davis Cup team will host its home matches against the Bahamas this weekend at the Doral Park Country Club. Due to the economic turmoil and security concerns in Venezuela, Davis Cup officials moved the event to Doral, which is almost ...
'Fantastic Four' All Set For The Davis Cup TieBahamas Tribune

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