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The Evolutionary Perspective
Monthly Archives: April 2020
Evolution Time Critical: What does the next 3 months hold for automotive supply chains? – Automotive World
Posted: April 3, 2020 at 1:47 pm
In a few short weeks, COVID-19 has spread on an unprecedented scale, touching every corner of the globe and impacting all walks of life. In our industry we have seen automotive supply chains ground to a halt as manufacturers shut down plants in order to prevent the spread. Of course, we see annual shutdowns and even unplanned shutdowns in normal business, but we are now in unprecedented territory with factories shutting without notice and without any real knowledge of how long for. This means that when things return to normal we will be facing one of the biggest threats to supply chain resilience confusion.
Before a planned shutdown starts, the return to production and the increase back to full capacity is carefully considered before the plant closes. But with this shutdown initiated so quickly, businesses will need to be flexible and reactive when it comes to decisions on shift patterns and speed of return to capacity when production does recommence. The situation is so fluid that we dont know which markets will recover from a consumer demand point of view, and therefore which models vehicle manufacturers will need to make. We also have no idea, from a supply perspective, which countries will be able to restart production first. The supply chain will continue to shift and evolve as time passes and restrictions are lifted in each country. Evolution is constantly consulting with key customers to assess the impact of the sudden stop, identify existing gaps in supply and put in place plans to react quickly as customer demands change when production resumes.
The question will not only be are there enough parts to produce cars, but also will there be an availability of labour to fit those parts? Car dealerships are also seeing a substantial decline in demand, with reports of a drop of 22% in some areas hardest hit in the first half of March. While the shutdown is ongoing, manufacturers are having to review their order banks and forecasts, which will have implications deep in the supply chain. Focus will be on which areas are recovering quickest and capacity will be focused on supplying these regions.
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SOURCE: Evolution Time Critical
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Freeport-McMoRan Inc. (FCX) is primed for evolution with the beta value of 2.22 – The InvestChronicle
Posted: at 1:47 pm
Freeport-McMoRan Inc. (FCX) is priced at $6.39 after the most recent trading session. At the very opening of the session, the stock price was $6.54 and reached a high price of $6.74, prior to closing the session it reached the value of $6.31. The stock touched a low price of $6.14.
Freeport-McMoRan Inc. had a pretty Dodgy run when it comes to the market performance. The 1-year high price for the companys stock is recorded $14.68 on 04/17/19, with the lowest value was $4.82 for the same time period, recorded on 03/19/20.
Price records that include history of low and high prices in the period of 52 weeks can tell a lot about the stocks existing status and the future performance. Presently, Freeport-McMoRan Inc. shares are logging -56.46% during the 52-week period from high price, and 32.57% higher than the lowest price point for the same timeframe. The stocks price range for the 52-week period managed to maintain the performance between $4.82 and $14.68.
The companys shares, operating in the sector of basic materials managed to top a trading volume set approximately around 31.28 million for the day, which was evidently higher, when compared to the average daily volumes of the shares.
When it comes to the year-to-date metrics, the Freeport-McMoRan Inc. (FCX) recorded performance in the market was -51.30%, having the revenues showcasing -51.59% on a quarterly basis in comparison with the same period year before. At the time of this writing, the total market value of the company is set at 10.45B, as it employees total of 27500 workers.
According to the data provided on Barchart.com, the moving average of the company in the 100-day period was set at 10.92, with a change in the price was noted -4.88. In a similar fashion, Freeport-McMoRan Inc. posted a movement of -43.30% for the period of last 100 days, recording 26,881,076 in trading volumes.
Total Debt to Equity Ratio (D/E) can also provide valuable insight into the companys financial health and market status. The debt to equity ratio can be calculated by dividing the present total liabilities of a company by shareholders equity. Debt to Equity thus makes a valuable metrics that describes the debt, company is using in order to support assets, correlating with the value of shareholders equity. The total Debt to Equity ratio for FCX is recording 1.06 at the time of this writing. In addition, long term Debt to Equity ratio is set at 1.06.
Raw Stochastic average of Freeport-McMoRan Inc. in the period of last 50 days is set at 19.53%. The result represents downgrade in oppose to Raw Stochastic average for the period of the last 20 days, recording 31.46%. In the last 20 days, the companys Stochastic %K was 30.86% and its Stochastic %D was recorded 28.72%.
If we look into the earlier routines of Freeport-McMoRan Inc., multiple moving trends are noted. Year-to-date Price performance of the companys stock appears to be encouraging, given the fact the metric is recording -51.30%. Additionally, trading for the stock in the period of the last six months notably deteriorated by -27.96%, alongside a downfall of -51.44% for the period of the last 12 months. The shares increased approximately by 2.43% in the 7-day charts and went up by -8.58% in the period of the last 30 days. Common stock shares were lifted by -51.59% during last recorded quarter.
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Colony Capital, Inc. (CLNY) is primed for evolution with the beta value of 1.59 – The InvestChronicle
Posted: at 1:47 pm
Colony Capital, Inc. (CLNY) is priced at $1.56 after the most recent trading session. At the very opening of the session, the stock price was $1.57 and reached a high price of $1.72, prior to closing the session it reached the value of $1.56. The stock touched a low price of $1.52.
Colony Capital, Inc. had a pretty Dodgy run when it comes to the market performance. The 1-year high price for the companys stock is recorded $6.14 on 09/30/19, with the lowest value was $1.33 for the same time period, recorded on 03/19/20.
Price records that include history of low and high prices in the period of 52 weeks can tell a lot about the stocks existing status and the future performance. Presently, Colony Capital, Inc. shares are logging -74.59% during the 52-week period from high price, and 17.29% higher than the lowest price point for the same timeframe. The stocks price range for the 52-week period managed to maintain the performance between $1.33 and $6.14.
The companys shares, operating in the sector of financial managed to top a trading volume set approximately around 4.02 million for the day, which was evidently lower, when compared to the average daily volumes of the shares.
When it comes to the year-to-date metrics, the Colony Capital, Inc. (CLNY) recorded performance in the market was -67.16%, having the revenues showcasing -66.74% on a quarterly basis in comparison with the same period year before. At the time of this writing, the total market value of the company is set at 821.95M, as it employees total of 400 workers.
According to the data provided on Barchart.com, the moving average of the company in the 100-day period was set at 4.2178, with a change in the price was noted -3.9200. In a similar fashion, Colony Capital, Inc. posted a movement of -71.53% for the period of last 100 days, recording 3,689,219 in trading volumes.
Total Debt to Equity Ratio (D/E) can also provide valuable insight into the companys financial health and market status. The debt to equity ratio can be calculated by dividing the present total liabilities of a company by shareholders equity. Debt to Equity thus makes a valuable metrics that describes the debt, company is using in order to support assets, correlating with the value of shareholders equity. The total Debt to Equity ratio for CLNY is recording 2.23 at the time of this writing. In addition, long term Debt to Equity ratio is set at 2.23.
Raw Stochastic average of Colony Capital, Inc. in the period of last 50 days is set at 5.99%. The result represents downgrade in oppose to Raw Stochastic average for the period of the last 20 days, recording 8.61%. In the last 20 days, the companys Stochastic %K was 10.45% and its Stochastic %D was recorded 14.40%.
Lets take a glance in the erstwhile performances of Colony Capital, Inc., multiple moving trends are noted. Year-to-date Price performance of the companys stock appears to be encouraging, given the fact the metric is recording -67.16%. Additionally, trading for the stock in the period of the last six months notably deteriorated by -72.63%, alongside a downfall of -71.84% for the period of the last 12 months. The shares increased approximately by 1.43% in the 7-day charts and went up by -35.00% in the period of the last 30 days. Common stock shares were lifted by -66.74% during last recorded quarter.
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Crown Holdings, Inc. (CCK) is primed for evolution with the beta value of 1.36 – The InvestChronicle
Posted: at 1:47 pm
Crown Holdings, Inc. (CCK) is priced at $55.00 after the most recent trading session. At the very opening of the session, the stock price was $55.06 and reached a high price of $57.5, prior to closing the session it reached the value of $55.10. The stock touched a low price of $53.71.
Crown Holdings, Inc. had a pretty Dodgy run when it comes to the market performance. The 1-year high price for the companys stock is recorded $80.57 on 02/14/20, with the lowest value was $42.97 for the same time period, recorded on 03/23/20.
Price records that include history of low and high prices in the period of 52 weeks can tell a lot about the stocks existing status and the future performance. Presently, Crown Holdings, Inc. shares are logging -31.73% during the 52-week period from high price, and 28.00% higher than the lowest price point for the same timeframe. The stocks price range for the 52-week period managed to maintain the performance between $42.97 and $80.57.
The companys shares, operating in the sector of consumer goods managed to top a trading volume set approximately around 1.52 million for the day, which was evidently higher, when compared to the average daily volumes of the shares.
When it comes to the year-to-date metrics, the Crown Holdings, Inc. (CCK) recorded performance in the market was -24.18%, having the revenues showcasing -23.83% on a quarterly basis in comparison with the same period year before. At the time of this writing, the total market value of the company is set at 7.57B, as it employees total of 33000 workers.
During the last month, 8 analysts gave the Crown Holdings, Inc. a BUY rating, 1 of the polled analysts branded the stock as an OVERWEIGHT, 3 analysts were recommending to HOLD this stock, 1 of them gave the stock UNDERWEIGHT rating, and 0 of the polled analysts provided SELL rating.
According to the data provided on Barchart.com, the moving average of the company in the 100-day period was set at 70.86, with a change in the price was noted -19.30. In a similar fashion, Crown Holdings, Inc. posted a movement of -25.98% for the period of last 100 days, recording 1,300,125 in trading volumes.
Total Debt to Equity Ratio (D/E) can also provide valuable insight into the companys financial health and market status. The debt to equity ratio can be calculated by dividing the present total liabilities of a company by shareholders equity. Debt to Equity thus makes a valuable metrics that describes the debt, company is using in order to support assets, correlating with the value of shareholders equity. The total Debt to Equity ratio for CCK is recording 4.65 at the time of this writing. In addition, long term Debt to Equity ratio is set at 4.57.
Raw Stochastic average of Crown Holdings, Inc. in the period of last 50 days is set at 32.00%. The result represents downgrade in oppose to Raw Stochastic average for the period of the last 20 days, recording 39.79%. In the last 20 days, the companys Stochastic %K was 40.50% and its Stochastic %D was recorded 42.40%.
If we look into the earlier routines of Crown Holdings, Inc., multiple moving trends are noted. Year-to-date Price performance of the companys stock appears to be encouraging, given the fact the metric is recording -24.18%. Additionally, trading for the stock in the period of the last six months notably deteriorated by -11.13%, alongside a downfall of -0.60% for the period of the last 12 months. The shares increased approximately by 2.22% in the 7-day charts and went up by -5.27% in the period of the last 30 days. Common stock shares were lifted by -23.83% during last recorded quarter.
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Crown Holdings, Inc. (CCK) is primed for evolution with the beta value of 1.36 - The InvestChronicle
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What is the Golden Rule? – Biblical Meaning, Importance …
Posted: at 1:46 pm
The Golden Rule is the ethical principle of treating other people as one's self would prefer to be treated. One of Jesus' most famous and impactful teachings, the Golden Rule can be found in the Bible verses Matthew 7:12 and Luke 6:31:
So in everything, do to others what you would have them do to you, for this sums up the Law and the Prophets. Matthew 7:12
Do to others as you would have them do to you. Luke 6:31
A simple notion about the ethical treatment of others that was profound in its origin and resonates through the ages.
"Golden Rule" is not explicitly found in Scripture, this became the popular way of referring to the words of Jesus in Matthew 7:12 and Luke 6:31. In summary, the Golden Rule encompasses the empathic essence of morality. It is a simple yet powerful way of saying that we should recognize the respective dignity of our fellow man and not forget we all are capable of inflicting immoral actions. This is vital in following the commandments of God and creating a more virtuous world.
Jesus declares, "Do to others as you would have them do to you." With regard to the Old Testament, two main points prevail. Matthew's reference presents the Golden Rule as encapsulating the teachings of the law and the prophets. Matthew 7:12 reads, "So in everything, do to others what you would have them do to you, for this sums up the Law and the Prophets." Second, even though the Golden Rule addresses human interpersonal relationships, its message is additionally theological. That is, the very character of God guides how we should interact and relate to one another.
We are to follow and exercise the Golden Rule because God's heavenly wisdom teaches self-control, and his virtue teaches kindness. This proverb is appropriately called the Golden Rule, for it encompasses in its few words the underlying and guiding principle of all morality. It comprises all the rules of the law with regard to man and all the amplification of those precepts given by the prophets. It instructs us to put ourselves in our neighbor's place, and guide our behavior accordingly. It assumes, of course, that when we put ourselves in our neighbor's place, we are wise enough not to make any foolish wishes and good enough not to make any evil ones. The Golden Rule was a vital emphasis on empathy and the reciprocity of morality.
The Golden Rule has inspired several subsequent sayings and ethical declarations since its revelation by Jesus. Listed below are some examples of such inspirations:
Put yourself in their shoes - Another call to empathy and understanding anothers situation and point of view, this phrase calls upon us to picture ourselves as our fellow human and recognize the sovereignty and emotions of each individual.
Do not do unto others as you would not want done to you. - Also known as the Silver Rule, this inversion of the Golden Rule reminds us to not do what we would prefer not to happen to ourselves. Essentially this is the negative version of the Golden Rule.
Act only in accordance with that maxim through which you can at the same time will that it become a universal law." - Kants Categorical Imperative is the primary philosophical concept in the moral philosophy of Immanuel Kant. This imperative basically dictates to follow the rules that apply to everyone. In other words, Dont create rules for yourself that you wouldnt apply to others.
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Letters: Here’s how to survive social isolation in one piece – The Park Record
Posted: at 1:46 pm
Prescription for the pandemic
If I were the governor, I would disseminate the following prescription to the citizens I serve:
1. Get outside and walk and or recreate, every day if possible.
2. Recreate at least 20 minutes, and longer as your capabilities allow (phone/devices off).
3. Kill the TV and use the extra time to read, listen to music and create. If you need more books, borrow them or order online.
4. Laugh at yourself, while trying to make others laugh.
5. Take a shower every day, and brush your teeth three to four times a day with an electric brush.
6. Avoid eating anything two to three hours before retiring for the night.
7. Turn the phone/devices off for the night.
8. Earn your keep and then to sleep at least eight hours every night, and preferably eight to 10 hours. If you come up short, make it up with a nap.
9. Never ever let money be your master. Share the sandbox.
10. Enjoy your vice(s) of choice, in moderation.
11. Practice the Golden Rule and lifelong learning; keep your head up and your eyes open.
12. Embrace our fleeting existence, opting for quality time, as opposed to just more time.
Assuming youve integrated all of this into your routine, you can now dispose of all your unnecessary meds, being sure they are destined for the landfill, not the building sewer. If you can integrate only two of the above items, they would be, in this order:
1. Earn your keep and then to sleep at least eight hours every night, and preferably eight to 10 hours; in particular, see items 1 and 2 for how to fall asleep, and stay asleep.
2. Practice the Golden Rule.
Regarding the current event, sleep is a wonder drug. Your immune system will crash without it.
Nothing new here. Except for the references to phone/devices mom and dad preached all of this decades ago. The challenge for our race, the human race, is to evolve to the point where we do not repeat past mistakes. To reach this goal, well have to permanently ditch that tired fallback line of Were only human.
In the meantime, youve got a great smile let it rip.
Gus Sharry
Summit Park
Trump steering county through coronavirus
I was alarmed when I read Patrick McLanes letter to the editor criticizing our president. The coronavirus threatens us all. President Trump is doing a great job steering the country through this pandemic. The Democrats blocked the multi-trillion dollar Phase 3 coronavirus bill for weeks. The bi-partisan bill was ready to be voted on last Sunday when Nancy Pelosi proposed amendments that included unprecedented collective bargaining powers for unions, increased fuel emission standards for airlines, expansion of wind and solar tax credits, airline carbon emissions offsets, funding for Planned Parenthood, provisions for a federal takeover of elections, a climate change study on aviation and employment diversity requirements. These proposals reflect much of the Democratic platform for the impending presidential election, and have no place in an emergency spending bill. Five days were spent negotiating a compromise bill that now includes funding for: The Kennedy Center ($25 million), National Endowment for the Arts ($75 million), National Endowment for the Humanities ($75 million). Corporation For Public Broadcasting ($75 million), Institute of Museums and Libraries ($50 million), National Disaster Assistance ($258 million), migration and refugee assistance ($350 million), Peace Corps ($88 million), Amtrak ( more than $1 billion), Native American programs ($300 million), Housing For Persons With Aids ($65 million).
We need to focus on the pandemic at hand and get Park City back to work.
Hillary Jessup
Park City
The fact of the matter
In early 2016, as the presidential race was well underway, it became apparent to many that candidate Trump was not fit for public office certainly not for the presidency. In the years since his election, that concern has been validated to citizens with an open mind that are willing to look objectively at his actions and words. His favorite ploy is to blame other persons or entities in a transparent attempt to deflect responsibility. Unfortunately his words are repeated by too many citizens.
Recently in the March 29th edition of the Salt Lake Tribune he was called Deranged, Ignorant, Inept, an Insane Narcissist and a second rate reality show hack and failed businessman (opinion page 02). I concur.
He has been quoted referencing the COVID-19 virus as the Chinese virus. When questioned about it he stated well, its from China. The common opinion of most is that this statement is his usual transparent attempt to deflect responsibility from himself. Also, his characterization of COVID-19 as Chinese is dangerous and causes serious problems. Why? Because his words are picked up by many voters as fact to be used in a blame game that is counterproductive and intensifies enmity with China. I recently heard someone blaming China for the virus calling it the China virus. COVID-19 is a biological and chemical entity to which humanity presently has no immunity. It is just that and has no ethnicity.
I am not an apologist for, nor a proponent of, the Chinese government. However, to infer and state that China is at fault for the worlds present situation is unproductive transference of blame, does not hold up to facts and is quoting a shamefully dishonest and inept president.
David C. Ludema
Park City
Earth Day is every day
As the community has increased walking outside, please consider carrying a trash bag and picking litter that has accumulated over the winter. Earth Day is every day! Thank you for keeping Park City beautiful.
Bob Martin
Trailside
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Letters: Here's how to survive social isolation in one piece - The Park Record
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MILLIANS: Gardens a comfort in trying times | Opinion – The Union-Recorder
Posted: at 1:46 pm
We say "tomayto." Others might say "tomahto."
I say let's get our tomatoes in the ground.
If there's anything the coronavirus pandemic has done, it's brought us back to our roots.
I wasn't around during the Great Depression, but in talking to people who were, there was one golden rule: What you had to eat was what you could grow.
With the empty shelves at grocery stores nowadays, people are going back to the earth and planting their own gardens.
Joe Duckworth at Duckworth Farm Supply says tomato and other vegetable plants are flying off the shelves faster than he can get them in.
We had to ask Joe to set aside a dozen or so "Better Boy" tomato plants for us. We picked them up Friday morning.
According to tomatodirt.com, the most popular tomato hybrid varieties are Better Boy, Big Beef, Big Boy, Celebrity and Early Girl. There are thousands of varieties.
And that's not even mentioning cherry, grape and Roma (aka plum) tomatoes.
My dad and I are in our annual race with my son Kyle in South Carolina to see who can produce the first harvest of tomatoes. Kyle has had tomato plants in the ground for several weeks. He plants the seeds and raises them indoors until it's warm enough to transplant them to the outdoors.
Experts say now is the perfect time to plant tomatoes because they can get at least six hours of sun a day.
My dad has had a garden for as long as I can remember. He and his buddy, the late Randolph Puckett, even had two gardens for several years.
In addition to tomatoes, they grew pole beans (Kentucky Wonder), bunch beans, butter beans, field peas, corn (Silver Queen), sweet potatoes, Irish potatoes, squash, beets, onions, carrots, watermelons, cucumbers and cantaloupes.
They must have supplied half of Milledgeville with vegetables.
Now, Randy Dalrymple is kind enough to let us put in a small garden on his property. We share the bounty.
Basically, we do the labor. Randy is the brains of the operation.
We did have a rototiller to break up the dirt, but it broke down last year. We don't know what happened to it, but we're blaming Randy. So we wound up renting one.
This year, Randy has borrowed a tiller from his friend, Rye Ramsey. We'll try not to break it.
We're pretty much down to corn and tomatoes, with maybe a few watermelons (Charleston Grays), cantaloupes, cucumbers and pumpkins.
So the race is on. The bad thing about gardens is you have to wait a long time to taste the fruits of your labor.
But once you slice that first, fresh, garden-grown tomato and pile it on top of bread, bacon, lettuce and mayo, the wait's worth it.
Let the anticipation begin.
Rick Millians, a 1970 Baldwin graduate who worked at newspapers in Georgia, Ohio and South Carolina before retiring, can be reached at 803-331-4290 or rdmillians@aol.com.
We are making critical coverage of the coronavirus available for free. Please consider subscribing so we can continue to bring you the latest news and information on this developing story.
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MILLIANS: Gardens a comfort in trying times | Opinion - The Union-Recorder
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Coronavirus: how to run with your kids during the pandemic – Runner’s World (UK)
Posted: at 1:46 pm
Your running club is closed, your upcoming marathon has been postponed and your kitchen has been turned into a makeshift classroom.
Lately, it seems the only training youve been doing is chasing little humans around the house and leaping over a construction site of toy towers. With no one to run with and no one to watch the kids while were in lockdown, your daily endorphin hit may already seem a distant memory.
But before you drop an iPad into their overly sanitised palms and begin frantic laps of your back garden, why not strike a two-for-one deal run with them?
Not only can you feel the burn without worrying the house will go up in flames in your absence, but youll also do some quality bonding and keep the family active during this stressful time.
Of course, it can be hard to get children out the door at all, let alone with their sweaty parents. The sound of running with mum isnt exactly music to most kids ears, so we got some pro tips from Aled Hughes, founder of Speed4Sport and top childrens running coach, on how to make this an enjoyable experience for all.
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If your child is not naturally athletic, you cant expect them to leap around with glee at the prospect of running with you. Hughes advises against launching into a continuous stretch, and instead recommends a softer introduction.
If I ask a group of children to run laps, within two minutes a proportion of them will be walking. Start off with a walk/run/walk session for however long your child is enjoying it.
The golden rule? Let them run the show. Kids love to feel important, so assign responsibility to maintain their interest: Let them use their stopwatch or timer so they are controlling the session.
For a lot of kids, running lives in the same bin as vegetables and homework. With many PE classes failing to teach it properly or using it as punishment, its no wonder the sport has such a bad rep. Try mixing some sprints into a fun game to undo these negative perceptions.
One of the most successful ways of getting children to run is not to tell them to run. We put children in small groups and we hide 15-30 objects. The children then move (run) to find all the objects as quickly as possible. Its like orienteering but we use pieces of paper with themes. For example, Find the animals.
If we want kids to want to run, a supportive attitude is crucial. Encouragement and praise foster a positive connotation with running, and will instil in them the confidence to continue the pastime on their own.
Giving children feedback is so important and those kind words about their effort and performance are the key to keeping children involved in running, says Hughes.
In the unlikely case youve forgotten, keep in mind that were in a pandemic. If you dont share a household with your kids or you just want to set an example, use the Follow the Leader trick to ensure social distancing.
The child is the leader and the parent, who is three metres behind, follows. Your child can run 60 seconds as the leader and then they swap over.
The takeaway? Running with your kid can be a blast, but the ingredients for success need to be measured carefully.
Linear runs and repetitive stretching may work for adult runners, but kids need something a little more lively to keep them motivated. Tailor the sessions to fit their needs, give them a valued role and most importantly dole out an endless supply of kudos.
Who knows, soon they might be the ones overtaking you on the roads.
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Coronavirus: how to run with your kids during the pandemic - Runner's World (UK)
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Arbitration Hearings and the Corona ‘New Normal’ – Ten Golden Rules: or the Easy Path to your Virtual Hearing – Lexology
Posted: at 1:46 pm
OVERVIEW
The Covid-19 pandemic places enormous challenges on every aspect of life. Arbitration hearings, almost always with a mixture of parties, representatives, witnesses and tribunal members attending from far and wide and with complex dovetailed availability issues, face particular challenges, both from national lockdowns and the disappearance of international (and much domestic) travel.
The initial and immediate reaction, from personal experience and much anecdotal evidence, has been for many parties and tribunals simply to adjourn hearings fixed in the likely affected period. While perhaps understandable as the crisis suddenly changed its perceived severity and impact within hours, we are now in for the long haul, and arbitration hearings (unlike sporting events, music festivals, walking with friends or going to the pub) are in fact very well placed to adapt and carry on.
Simon Rainey QCandGaurav SharmaofQuadrant Chamberspropose ten easy rules for keeping the current international arbitration diary on the road as much as possible.
Here they are, to cut and paste to your Desktop. For more detail, read on below.
In more detail, here are our key points to try to make your path to your Virtual Hearing, whether as counsel, in-house adviser or arbitrator an easier one.
1. Adjournment should be the last resort.
Adjournment simply pushes off the problem. With different jurisdictions on different epidemiological timetables and with second outbreaks wholly unpredictable, let alone resumption of normal services, never has the termsine die(without a new date being fixed) had such appalling resonance! The norm can and should be, save in themostexceptional cases, to hold the hearing date and to avoid the waste of costs and time which adjournment entails (and the difficulties in rescheduling after Corona whenever that will be). As banking, insurance, legal services and other sectors move over to remote and home-working, it requires a very good explanation why an arbitration hearing cannot take place virtually. If international governmental meetings can do it this way, so can we. The 27th Vis Moot, with 248 teams, is taking place as normal, online and on Vienna time and in the usual Vienna timeslots (https://vismoot.pace.edu/) The London Business and Property Court has set the lead of business as usual wherever possible and by and by whatever virtual means available (see :https://www.judiciary.uk/publications/civil-court-guidance-on-how-to-conduct-remote-hearings). For a recent example, see Teare Js robust case management of a two-week trial:https://www.law360.com/articles/1255010/kazakh-row-over-530m-bny-funds-faces-virtual-trial. So, Golden Rule No. 1? Adjournment should now be the absoluteexception, not a default option.
2. Arbitration embraces tools and technology: lets build on what we already do well.
Is the challenge, while hugely different in scale and complexity, really so different from the day-to-day practical challenges of international arbitration and what we, as counsel and arbitrators, do now, and do well to address those challenges? Arbitration already makes routine and highly effective use of (at least) two virtual tools to cope with dispersed participants and the logistical impossibility of live attendance: (1) the telephone (or video-link) procedural hearing and (2) the taking of witness evidence by video-link. If the hearing is mostly legal argument or part of it is to be taken up with oral addresses or submissions (with or without an accompanying PowerPoint), then why is not (1) just as effective as it is for a hard-fought and important procedural or disclosure battle? And if the hearing is a heavy evidential one, why is (2) not a perfectly acceptable option? If an arbitration may already turn on the evidence by video-link of a key witness, why is it really so different to run the whole hearing in this way?
3. More realism, please, about seeing the witness (etc.)
This is not the time or place to debate the Anglo-Saxon predilection for seeing the witness and belief in assessing his or her veracity and credibility based on the tribunals acute psychological insight and unerring ability to read every gesture and passage of emotion across a witness face. But if the option is to hold off the hearing until better times (when?) and when the matter can be refixed (think of the rescheduling logjam), we need to assess critically whether the importance of this advantage of seeing the witness is not very much overstated, when balanced against postponing a hearing indefinitely. Where a good or even passable video-link takes place, the discomfiture or arrogance of a witness (or whatever it is that we as counsel or tribunal members are supposed to be looking for) is almost always readily apparent. Take the example of a politician in a television interview. Other concerns about who is in the room with the witness etc (if he or she is not self-isolating!) can be dealt with either by the nature of the camera used, or just (as in a recent case) asking the witness to rotate his laptop to show the whole of the room in which he is sitting.
4. Use the wide existing procedural powers firmly and creatively
As with any potentially disruptive event, Covid-19 may regrettably be fastened onto by the party who wants to derail the procedural timetable, put off the hearing timetable and game the practical difficulties for perceived tactical advantage. Seeing the witness in a serious case of this nature is vital, the importance of live interaction between counsel and the tribunal and between tribunal members themselves cannot be overstated are already submissions which are being made. Under all of the main institutional rules (e.g. ICC 2017 Rules, Article 22(2); LCIA 2014 Rules, Article 14.4(ii) etc) and under the general statutory powers in most seats (e.g. sections 33 and 34 of the Arbitration Act 1996) the tribunal will have effective carte blanche to make the hearing happen and counsel and parties must be expected to cooperate (or be made to do so). Cf. the recent approach of the London Commercial Court (cited above): The court has to be optimistic rather than hesitant. It is a duty of all the parties to seek to cooperate, to ensure that a remote hearing is possible. [] The default position now in all jurisdictions is that hearings must be conducted with one, more than one, or all parties attending remotely. A watch-word for all of us engaged in arbitration.
5. Remember: many useful video-protocols are already out there.
Building on the video-conferencing of witnesses, there exists an impressive and very useful (but in our experience rather underused) body of protocols and guides to best practice, all recent and topical. These have already grappled with almost all of the practical problems inherent in taking evidence by video-link (including dealing with documentary evidence) and provide excellent templates on which to build in drawing up the procedural format for a virtual hearing with multiple participants. First is theICCs Commission Report on Information Technology in International Arbitrationof October 2017. Then the ever comprehensive CIArb series of guidelines was joined in April 2019 by theCIArb Guidelines for Witness Conferencing in International Arbitration, with many useful insights. But theHague Conference Draft Guide to Good Practice on the Use of Video-Links Under the Evidence Convention(March 2019) is outstanding in its foresight and coverage and cannot be too highly recommended. These and other resources (e.g. theSeoul Protocol on Video Conferencing in International Arbitration) all make the tasks of counsel and arbitrators in formulating a virtual hearing protocol for a particular case so much easier. The wheel has already been invented and it is just a case of fitting it to size (and adding one or two more if need be). Here are some of the relevant links:
Hague:https://assets.hcch.net/docs/e0bee1ac-7aab-4277-ad03-343a7a23b4d7.pdf
Seoul:www.kcabinternational.or.kr
6. Embrace technology as your friend (a.k.a. Use Zoom)
A virtual hearing is only ever going to be as good as the platform which is used to host it. Cometh the hour, cometh the platform! The new home-working environment has been the proving-ground of Zoom (www.zoom.us). Its selling-point, apart from being fantastically easy to use and adaptable (see Golden Rule 7) is that it will Bring HD video and audio to your meetings with support for up to 1000 video participants and 49 videos on screen. And what it says, it delivers (see Golden Rule 10). It looks set to be the mainstay of arbitration life, just as it is fast becoming the go-to solution for any virtual meeting, congregation, class or any other socially distanced interaction. It can be used really effectively for all procedural steps in arbitration, including witness interviews, drafting sessions, work with experts, preparation for hearing, as well as all aspects of the hearing itself. Coupled with setting up parallel chat groups for the various counsel and tribunal teams and their internal communication, a virtual hearing in real time is readily achievable, with appropriate flexibility (see Golden Rule 9), including for example frequent planned breaks. Many other options are available. Skype for Business we have of course grown up with and it is working well so far in the Business and Property Court. The Vis Moot will be run on the virtual mediation / dispute resolution platform Immediation (https://www.immediation.com).But the popularity of Zoom may see it becoming an everyday arbitration tool. See for example:https://www.cnbc.com/2020/03/21/why-zoom-has-become-darling-of-remote-workers-amid-covid-19-outbreak.html
7. Electronic hearing bundles reallydowork.
For most of us as counsel (or arbitrator), the electronic bundle is, with apologies to Trollope, The way we live now. Epiq and Opus2 have revolutionised document heavy hearings in court and arbitration, in venues around the world. The key (as cross-examiners know) is the Olympian operator who seems, even as one is uttering the runic incantation [B2/16/ page 345]or some such, to be already bringing it up telepathically on the multiple screens. Normally present in the room, the main providers have already developed the use ofremoteoperators, themselves using the live video-link and managing the electronic hearing bundle: further developments are under way:https://www.epiqglobal.com/en-us/about/news; and Opus2 has already created new offsite case and technical managers:https://cdn2.hubspot.net/hubfs/5553909/New%20remote%20accessw%20brochure%20-%20vFinal.pdf?hsCtaTracking=2d70e7e7-a694-4dbc-91ba-d0abf96ab4d9%7C68ea0924-808d-41ab-9225-9fd372b8ef85But there are simpler options for less document heavy cases or where there is only a shared electronic bundle and no Epiq or Opus2 document management in place. Zoom (yes again) allows one to exhibit documents on the shared screen by clicking on a document open on your second screen. And there are other portals and providers, all gearing up for the challenge presented by the disruption to the normal way of doing things.
8. A new Tribunal Secretary: the Technical Assistant?
In these times, it may well be necessary to add a new face to the arbitral personnel. The arbitral secretary and his or her role is a familiar one (and continues to give rise to optimistic challenges: as in the recentYukoscase before the Hague Court of Appeal. But understandably the challenges to putting in place and then conducting an effective virtual hearing will in reality be technological and logistical (as much as, for some, an inbuilt adherence to traditional ways of doing things or to a preference for the comfort blanket of the cut-and-paste ten or more page procedural order detailing the minutiae of, and preparatory, for the oral hearing: cf. Golden Rule 9). The leading document management platforms will have this built in (as with Opus2s Virtual Hearing Manager, Case Manager and the somewhat forbidding-sounding EPE [electronic presentation of evidence] Officer). But while that may be available and appropriate for larger cases, engaging technical advice and a technical advisor should be a priority in every case in order to avoid the tribunal and/or counsel having to grapple with what will be the inevitable breakdowns, non-compatibilities, sound without vision andvice versaetc. And, pragmatically, why should parties not agree (or be directed to agree) on the use of the IT expertise of one or other firm of lawyers, billed at cost as a cost of the arbitration? In very many cases, any incremental cost will be a very small fraction of the value in dispute. And if that may raise hackles, why not pool or combine the law firms IT expertise, or rotate it?
9. Flexibility, flexibility, and more flexibility in timetabling and everything else
The demands will initially seem great and, perhaps to some, too difficult. But the alternative of postponing the proceedings indefinitely in the pursuit of some unquantifiable conception of perfection does not serve the interests of the parties who have entrusted the timely and effective resolution of their dispute to the counsel teams they have chosen and the tribunal they have empanelled. The traditional features of a hearing (such as hearing length; the hearing day: its length; its timetabling, order of submissions and witnesses etc) are already handled flexibly by most tribunals with the active support of most arbitration practitioners. The New Normal is going to call for even more flexibility and a pragmatic realisation that things will not be the same for an undefined future time. So: hearings and hearing days may have to be shorter; with witness evidence pruned and focused on the things that really matter to make it more manageable to assimilate and test virtually; with greater use of pre-reading in relation to witness evidence with, possibly, counsel showing their hand so that the tribunal can see in advance what the main challenges to a witness evidence are, before the live show of cross-examination when the documents are put to the witness with a flourish; with the use of telephone only hearings for parts of the arbitration main hearing as appropriate; and timetabling hearings in portions and at mutually uncomfortable times to spread the pain of linking up widely distant participants. If arbitration is anything, it is inherently flexible from a procedural perspective, so as to achieve effective and efficient resolution of the parties dispute.
10. including how we handle new disputes in our brave new world.
Arbitration serves business needs, not the other way around. As businesses find ways of adjusting their practices to suit the new environment and operate without disruption or interruption, they need to know that their business partners who handle the resolution of their commercial disputes are equally adaptable and ready, and are learning from the challenges were all facing together. That includes changing the way in which we handle new disputes arising now, in real time. Counsel should assume that their disputes will be born and live their lives in a world where expensive and diary challenging in-person hearings are neither the norm nor necessarily desirable as a default. We should think carefully about the way in which we draft pleadings, focusing on the issues that really matter, rather than assuming for example that there will be time, utility and patience for the examination of peripheral witnesses on largely immaterial issues. The same goes for an appropriate and judicious evaluation of the evidence for example, the number and nature of witnesses and experts to be presented or called; the documentary burden to be placed on the tribunal; or the scope and focus of document requests, knowing that any interlocutory applications may not be heard by the tribunal in person. Procedural timetables might similarly assume that hearings and meetings will be conducted by video-conference, and accordingly provide the logistical and technical details in advance. Indeed, all of these things could and should result in shorter overall timetables and lead to quicker awards. If handled responsibly, then who knows: when happier times return we may emerge having all learnt to do things better, more efficiently and more cost-effectively, with long-term advantages for the streamlining and simplification of arbitration hearings.
Virtual hearings will at first undoubtedly have more than their fair share of frustrations and mishaps. But with us all pooling our experiences and knowledge and building on the lead already taken by the major arbitral institutions and venues (and with more from them to come), international arbitration will strengthen and improve its position, where other dispute resolution options may not be able to match its flexibility.
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Last-Minute Crew Jobs: Why They Can Make Your Career + How to Find Them – Backstage
Posted: at 1:46 pm
Photo Source: Photo by Jakob Owens on Unsplash
When youre first starting out in crew and production, it may seem like the jobs you can get are few and far between or uninterestingor both. Listen, I get it: those entry-level roles can be tedious and thankless and may not align at all with the vision you have for your career. But theyre necessary. There is no better way to learn, gain experience, and network than taking those jobs and doing them well.
This is why you should say yes to everythingwithin reasonespecially the last-minute gigs that pop up out of nowhere. Sure, maybe you dont see yourself rising up the ranks of the sound department but when your friend calls and says theres a last-minute need for a boom operator on set tomorrow, take it. When a gaffer you once PAd for texts to see if youre available in a few hours to step in as a set electrician, take that too. Frazzled email from a friend-of-a-friend asking if you can edit a digital ad for a client over the weekend because her go-to editor is busy? Yup, take it.
As Ive learned first hand, its on those last-minute jobs that youll very often find some of your best connections, the ones that can lead to some of your biggest career opportunities in the future. After all, theres no better networking than on-set networking.
The golden rule of crew work is to always be networking. Im not suggesting you network day-in and day-outbe sure to do your job and do it well first. But those moments at the end of the day and after the project wraps? Absolutely. Youve shared long hours, crazy directors, and funny moments; use those shared experiences to connect and develop relationships that will then help you find bigger, better projects in the future.
How + Why You Need to Build Your Crew Network
Same goes for the produceryou know, the one with hiring power? Networking with the head of a production isnt quite the same as with your unit head, but the producer is the most important to follow up and stay in touch with moving forward if youd like to find more work in the future.
Starting out, I didnt know many people in town. When I was asked by a friend to join a shoot last-minute, I was quickly put in front of a hiring producer. I had little leverage at the timeand a lot of desire to make money and gain experiencebut I made a good impression and was hired. Throughout the shoot, I kept my energy up and positive, and did what I was supposed to (and did it well). Not only had I helped the producer on short notice, but Id done a good job and endeared myself to him. Years later, hes gone on to hire me again and again (with ample notice) because he knows and trusts me thanks to that first last-minute shoot.
Another element that should never be forgotten or ignored is just how much valuable experience you glean on a job. Yes, you can read great articles online about the world of film and video (like these here on Backstage, of course). But they pale in comparison to the everyday challenges, lessons, and experiences youll gain on set. A practice I adopted early on that helped immensely was to take notes at the end of every day. What did you observe? What did you do well? What would you like to get better at? What other roles would you like to learn? The more time you spend workingeven if its a last-minute jobthe more opportunity you have to get that hands-on experience. The number one piece of advice almost anyone in a crew will give you? Just get on set; learn on the job. Theres no better education in the business.
Another thing that will keep your career moving is having consistent credit, which last-minute jobs can help with. This isnt to suggest that doing work just for the credit is wise, but the truth is that credits arent something you should write off or ignore. Being able to show that youve worked consistently over the years indicates that not only are you experienced and good at what you do, but also that youre in demand. Before you know it, those jobs you took on short notice will lead to having your pick of multiple offers.
Finally, Id be remiss if I didnt mention the fact that when youre asked to do something last-minute, youre in a much stronger position to negotiate a more favorable rate. Im not advocating that you drastically exaggerate or lie about what itll take money-wise for you to take the job, but remember that they need you too, and if its a last-minute ask, theyre probably willing to offer more if you ask for a number within reason.
When I work crew jobs, I have a standard rate I expect to be paid (though I will work for less for the right situation, project or person). But if Im being asked to join a project last-minute, I have no problem asking for my rate plus more due to the expediency. By negotiating for a higher rate on these last-minute jobs, I can, over time, justify raising my standard rate which, in turn, continues to raise my expedited rate. And while this line of work isnt about the money, it certainly doesnt hurt to set yourself up for long term success with fair rates that reflect your experience and work quality.
(Not sure what you should be asking? Check out this guide to every crew position and their standard rates.)
Alright, so now youre convinced that last-minute jobs may just be the key to cracking your crew career wide open. But how do you find them? Like I said earlier, a lot of them will come from your professional network, the people youve worked with before who know youre reliable and good at what you do. But if youre new to the business and dont have a robust network, youll have to get proactive. Seek out opportunities; let it be known that youre looking for work. Here are a few ways to do it.
1. Use social media to your advantage.Sometimes landing a last-minute job is as simple as using the right search terms on Facebook. Use the search bar just like you would on Google: plug in your location and relevant keywords, like, Austin film crew jobs or last-minute production jobs New York. You can also seek out and follow local creators who often post when theyre crewing up for a production. A few favorites include Freelance Film Crew - Los Angeles, I Need a Production Assistant!, People Looking for TV Work: Runners, and Film Industry Network. And of course: Last Minute and Short Notice Film/TV Production Needs & Jobs-Casting Calls.
Check these groups every day; set up alerts so you get a notification when a new post goes up. Reply to anything that sounds interesting or worthwhile and get yourself those last-minute jobs.
2. Register on production job sites and crew databases.While this one isnt groundbreakingyou should already be registered on job sitesits still important. Not only should all your contact information be accurate and available should someone find your profile and want to hire you, but you should also be using these platforms to seek out work, specifically of the last-minute variety. Many job sites let you filter listings by a productions phase, so if youre looking for something right away, make sure youve filtered by active or filming. Chances are that once something is in pre-production or principal photography, the jobs theyll need filled are of the last-minute variety. Make sure youre constantly checking:
3. Get familiar with your local film office.If theres something shooting in your area, chances are they need to register with the local film office. Not only can you use these film offices to know what productions are headed your way that may need crew, but many also have crew databases where you can upload your details so that if a local production finds itself in need of last-minute crew members, youre easily findable and contactable:
(You can also follow along with Backstages Now Filming and Greenlit series to stay up-to-date one whats currently shooting or will be soon near you.)
For more on how to get work on a film crew, visit Backstages crew hub!
Jourdan Aldredge is a writer, video journalist, and video producer, director, and editor based in Austin, Texas. Check out his e-book, Shreditor, about how to hack it shooting, producing, and editing your way in the new wild west of digital filmmaking.
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Last-Minute Crew Jobs: Why They Can Make Your Career + How to Find Them - Backstage
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