Daily Archives: February 6, 2021

Bankruptcy filings continue their record lows in New Hampshire – New Hampshire Business Review

Posted: February 6, 2021 at 7:53 am

This year started where 2020 finished, with another bankruptcy record.

Some 56 New Hampshire individuals and businesses filed for bankruptcy in January, the lowest number seen in any January indeed, any month since January 1988. The total was 11 fewer than December 2020 and four fewer than November 2020.

The low number of bankruptcies persists despite the resurgence of the pandemic in December and January and the states relatively high unemployment, particularly in the hospitality industry, with some restaurants and hotels going into hibernation following a muted Christmas.

Bankruptcy filings in the state have been in the double digits for 10 straight months, dropping in April just after the pandemic first struck and after a generation of monthly bankruptcy filings in the hundreds.

For months, bankruptcy attorneys have predicted an increase in filings, but that hasnt happened. Businesses and individuals, bolstered by federal and state aid and sheltered from most evictions and foreclosures, have managed to hang on, with the hope of future assistance or an easing of the pandemic as the vaccine rollout continues. Others particularly brick-and-motor retailers might have been hanging on at least until Christmas before making any decision.

But Christmas is long gone, and most businesses and individuals are not throwing in the towel.

Januarys total is less than a sixth of the 381 that were filed in January 2010, in the midst of the last recession. It was less than half of the 121 filed in January of 2020, a 54% decrease.

In all of total there was a total of 1,054 filings, or an average of 88 a month. In 2019, the total was 1,774, for a monthly average of 148. In 2010 the yearly total was 5,507, or 459 a month. You have to go back to 1988 in the midst of a booming economy to get a lower annual total 835, or 70 a month.

In January there were three bankruptcy filings with business-related debt, but only one was filed by the business directly, and it is conjunction with a sale free and clear of all liens:

Parrillo Designs LLC, dba Derailed Boutique, Kingston, filed Jan. 15, Chapter 7. Assets: $37,405. Liabilities: $82,201.

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The CFTC Adopts Comprehensive Amendments to Its Bankruptcy Rules – JD Supra

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Background

The Commodity Futures Trading Commission (CFTC) recently adopted final amendments to Part 190 of the CFTC's regulations (the "Final Rules"), governing bankruptcy proceedings with respect to commodity brokers.1 The Final Rules represent the first comprehensive update to the CFTC's bankruptcy rules since the Part 190 rules were initially adopted in 1983. Approved unanimously, the Final Rules serve to modernize and revise the CFTC's regulations to reflect changes in the commodity brokerage industry over that time.

Subchapter IV, chapter 7 of the Bankruptcy Code ("Code") sets out the essential provisions governing the liquidation of a commodity broker in bankruptcy. However, the CFTC is authorized under section 20 of the Commodity Exchange Act (CEA), "notwithstanding the Code," to adopt rules that provide, among other things: (1) that certain cash, securities, other propertyor commodity contracts are to be included in or excluded from customer property or member property; and (2) the method by which the business of such commodity broker is to be conducted or liquidated after the date of the filing of the petition under the Code. Part 190 of the CFTC's regulations are promulgated under this authority as well as the CFTC's general rulemaking authority under section 8a(5) of the CEA.

Since the initial adoption of the Part 190 rules, there have been significant developments in practices with respect to commodity broker bankruptcies, including as a result of judicial decisions and certain high-profile bankruptcies (like that of MF Global Inc. and Peregrine Financial Group Inc.). As emphasized in former Chairman Heath Tarbert's statement in support of the Final Rules, they seek to clarify and codify key principles and approaches or practices that have developed over time as the existing Part 190 rules were applied to real-world bankruptcy situations.

Highlights of the Final Rules

At a high level, the Final Rules address the following major topics:

Statutory Authority, Organization, Core Concepts, Scope and Construction. The Final Rules adopt new CFTC Rule 190.00, which sets forth the statutory authority, organization, core concepts, scope and rules of construction for Part 190 of the CFTC's regulations. In particular, new CFTC Rule 190.00 sets out the CFTC's intent regarding bankruptcies for the benefit of market participants, trustees and the general public.

Default of a Derivatives Clearing Organization. The Final Rules adopt new Subpart C to Part 190 of the CFTC's regulations, which governs the bankruptcy of a DCO. Among other things, new Subpart C provides that the trustee should follow, to the extent practicable and appropriate, the DCO's pre-existing default management rules and procedures and recovery and wind-down plans that have been submitted to the CFTC. These rules, procedures and plans will, in most cases, have been developed pursuant to Part 39 of the CFTC's regulations, subject to CFTC staff oversight. This approach relieves the trustee of the burden of developing, in the moment, models to address an extraordinarily complex situation.

Priority of Customers and Customer Property. The Final Rules clarify that shortfalls in segregated property should be made up from the general assets of the FCM. The Final Rules also clarify that, with respect to customer property, public customers are favored over non-public customers.

Securities Investors Protection Act (SIPA) and Federal Deposit Insurance Corporation (FDIC). The Final Rules confirm the applicability of Part 190 of the CFTC's regulations in the context of an FCM that also is registered with the Securities and Exchange Commission (SEC) as a broker-dealer and subject to a proceeding guided primarily by the SIPA. Likewise, the Final Rules clarify the applicability of Part 190 in the context of a proceeding in which the FDIC is acting as receiver.

Letters of Credit as Collateral. The Final Rules confirm the treatment of letters of credit used as collateral. Specifically, the Final Rules make clear that customers posting letters of credit as collateral will be subject to the same pro rata loss as customers that post other types of collateral, such as cash and securities, both during business as usual and during bankruptcy.The pro-rata loss would be calculated based on the face value of the posted letter of credit, even if only a portion was drawn down by a customer at the time of the bankruptcy.

Greater Trustee Discretion. The Final Rules grant trustees greater discretion by, among other things, permitting the trustees to treat public customers on an aggregated basis. This greater discretion generally favors the cost effective and prompt distribution of customer property over the precision of valuing each customer's entitlements on an individual basis.

Transferring Rather Than Liquidating Customer Positions. The Final Rules further confirm the CFTC's longstanding preference for transferring positions of public customers rather than liquidating the positions.

Reflect Changes to CFTC's Regulatory Framework. The Final Rules update Part 190 of the CFTC's regulations to better reflect changes to the CFTC's regulatory framework over the years, including the CFTC's recent revisions to its customer protection rules. The Final Rules also update cross-references to other CFTC rules.

Changes in Technology. The Final Rules also reflect changes in technology, including a recognition that many records are captured and stored electronically rather than on paper.

Non-Substantive Clarifications. The Final Rules provide non-substantive changes to clarify language in the CFTC's regulations. These clarifications are intended to address ambiguities that have complicated past bankruptcies.

A chart summarizing all of the provisions in the Final Rules is available in this advisory's appendix.

Effective Date of the Final Rules

The Final Rules are effective 30 days after publication in the Federal Register.

Principal Changes From the Proposed Rules and Supplemental Proposed Rules

The Final Rules differ from the proposed amendments2 and supplemental amendments,3 published in the Federal Register on June 12, 2020 and September 24, 2020, respectively, in a few key respects. In particular, the Final Rules clarify in CFTC Rule 190.11 that if a debtor clearing organization is organized outside the United States, then only selected provisions in Part 190 of the CFTC's regulations would apply, including (1) the general provisions in Subpart A to Part 190; (2) the reports and records requirements in CFTC Rule 190.12; and (3) the prohibition on avoidance of transfers in Rule 190.13 and the net equity calculation and treatment of property requirements in Rules 190.17 and 190.18, but only with respect to an FCM clearing member's public customers. The CFTC expressed its rationale in adopting the final scheme as a balance between protecting customers and mitigating conflict with foreign proceedings.

Additionally, the CFTC adopted a simplified CFTC Rule 190.14(b) that is consistent with DCO rules governing the default of the DCO. As originally proposed, Rule 190.14(b) included additional provisions that were intended to provide a brief opportunity, after the order for relief, to enable alternatives (i.e., resolution under Title II of the DoddFrank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Act") or the transfer of clearing operations to another DCO) in lieu of liquidation. In response to comments following the Proposed Rules, the CFTC withdrew proposed paragraphs (b)(2) and (b)(3) and issued the Supplemental Proposed Rules with an alternative approach to facilitate the potential resolution of a systemically important DCO under Title II of the Dodd-Frank Act. In adopting the Final Rules, the CFTC determined not to go forward with the Supplemental Proposed Rules. As adopted, Rule 190.14(b) provides only that subsequent to the order for relief, the DCO must cease making calls for variation settlement or initial margin. Relatedly, former Chairman Heath Tarbert noted that the CFTC will engage in "further analysis and development before proposing this, or any other, alternative approach."

Katten's prior advisory, "More Than a Refresh but Much Less Than A Substantial Overhaul: The CFTC Proposes Comprehensive Amendments to Its Bankruptcy Rules," includes a discussion of the Proposed Rules.

See the CFTC's Supplemental Proposed Rules.

_______________

Appendix: Chart Summarizing Changes to Part 190 of CFTC Regulations

Elias Wright, an associate in the Financial Markets and Funds practice and candidate for admission to the New York State bar, contributed to this advisory.

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Akin Gump Partner Tapped As Bankruptcy Judge In SDNY – Law360

Posted: at 7:53 am

Law360 (February 5, 2021, 4:23 PM EST) -- A partner in the financial restructuring group at Akin Gump Strauss Hauer & Feld LLP has been appointed as U.S. bankruptcy judge for the Southern District of New York.

The Second Circuit Court of Appeals announced Friday that Lisa G. Beckerman will assume her judicial duties and be sworn in during a private ceremony on Feb. 26.

"After more than two decades at Akin Gump, it is bittersweet to be leaving the firm and my many colleagues and friends here," Beckerman told Law360 Pulse on Friday. "At the same time, though, I am honored to be joining such a distinguished bench...

In the legal profession, information is the key to success. You have to know whats happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

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Why every Catholic should watch HBO’s ‘Raised by Wolves’ – National Catholic Reporter

Posted: at 7:53 am

"Raised by Wolves," a television series created by Aaron Guzikowski and released on HBO Max last September, initially feels like many other works of science fiction: set in a dystopic future where the Earth is destroyed and competing groups escape to other planets for survival. Yet in just 10 episodes, it becomes clear how deceptively profound the show truly is, and for Catholic viewers especially, there is much for us to contemplate.

The pilot begins following two androids, Mother and Father, who escaped from a war on Earth between atheists and a religious order known as the Mithraics. Mother and Father, reprogrammed and tasked with rebuilding the human race and civilization, now live on the extrasolar planet, Kepler-22b. They left Earth with six embryos, but only one survives. They, along with their last surviving son, Campion, struggle to survive on Kelper, all the while believing they are the planet's only inhabitants. Soon after, however, the Mithraics arrive, along with the violence of the world they thought they left behind.

The Mithraics, based on the first century Roman cult, are a group of warriors and priests who believe in a rigid caste system. They are more militaristic and technologically advanced than the androids or atheist humans. Once they arrive on Kepler-22b, their struggle to survive challenges their faith in ways they are not entirely prepared for. For them, religion is a matter of adhering to their sacred texts, and there is no room for question. Unlike the Christian faiths of our world, they are not contemplative. This is something that is put to the test on the new planet, and although their faith is unreflective, different characters are forced to contemplate and reexamine who they are following, and whether their god Sol's will is always being expressed by the one who is ordained a leader. Androids and humans, on the other hand, want no relationship with any kind of faith tradition, but despite themselves are drawn into areas that rationality cannot explain and they are forced to express a kind of faith and trust both in themselves and each other when facing the unknown.

Violence soon escalates on the new planet over these religious differences, with each side believing their respective opinion concerning belief, rationality and faith the superior one. Each individual character struggles with their own personal understandings of faith. Some are more rigid in their desire to follow the laws of Sol, while others question Sol's will and abandon their faith when given the first opportunity to do so. When Marcus, a former child soldier for the atheists who assumed the identity of a Mithraic soldier, begins to hear the voice of Sol commanding him, he becomes filled with pride. Some look upon this revelation with awe and wonder, but other higher-ranking clerics, filled with jealousy, seek to supplant him.

These people, with their own pasts and hopes and fears, all are in competition with one another and this mysterious new world as they each try to figure out what really matters to them in order to build a future and survive. For the Catholic viewer, this is a worthwhile opportunity to reflect about our own will and faith and how each is expressed in our lives.

This engagement with faith will feel familiar to fans of works like "Alien" and "Blade Runner." Ridley Scott, an executive producer, directed the first two episodes, and like other Scott works, the show encouragers viewers to think more deeply about consciousness, the soul and the role of religion in human life. In "Blade Runner," the idea of androids possessing souls is toyed with, and in "Prometheus" and "Alien Covenant," we see characters attempting to play God and change change creation.

Religious elements are even more fleshed out in "Raised by Wolves" by Scott and Guzikowski, a lapsed Catholic. Many things in the show feel similar to our own world like the war between believers and atheists. In the first episode, Father, realizing that Campion must not be raised alone, signals the Mithraic ship. When Mother finds out, she kills father in a rage. This murder evokes Cain and Abel and instills a sense in us that although the world we are watching on screen is new, the stories and lives of these characters are universal.

The show, which initially presents itself as a series about rational atheism versus blind faith, offers a powerful commentary on the dangers of fanaticism. The beliefs of the Mithraics, humans and androids, no matter how adamantly they believe in their convictions, are insufficient. Each character's rationalism or blind faith is tested, pushed and sometimes broken, and each character, and viewer, is left with more questions than answers.

"Raised by Wolves," which was renewed for a second season several weeks after its premiere, will keep the viewer coming back for more because it is so unlike other shows available on streaming services. It challenges how we think about morality and although this is not explicitly a "Catholic" show, it very much shows an engagement with religious themes and ideas that a Catholic worldview lends itself to understanding, and it does all this without watering down the complexity of the series.

In an era where shows are designed to be consumed as quickly as possible, "Raised by Wolves" challenges us to slow down, chew over every episode and think about how religion informs how we view the world around us.

For Catholic viewers, the show which premiered amid a global COVID-19 pandemic and anti-racism marches all across the United States encourages us to confront our understanding of the Catholic imagination and engage with art that might not seem readily "Catholic" but that nevertheless can offer us glimpses of the truth, for all art touches the sublime in some way or another.

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Where to eat, what to pre-order for Valentine’s Day 2021 in Lexington, KY – Ace Weekly

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A guide to Valentines Day 2021 in Lexington, Ky: Where to pre-order, what to eat, what to do?

Valentines Day is Sunday, February 14, 2021.

Eating in for Valentines Day 2021? Eating out? Either way, we have the answers for you. Below is a sampling of Valentines Day themed takeout and pre-order meals, as well as places to eat out all weekend long to the celebrate the holiday in Lexington, Ky in 2021.

The Cattle Drive at Bluegrass Regional Marketplace offers a special Valentines brunch on Sunday, February 14 from 10 am until 3 pm.

Chenault Vineyards hosts a Valentines Dinner featuring music by James Reed on Saturday, February 13 at 5 pm.

Cru Food + Wine Bar hosts a Toast to Your Besties with a tasting + small plate pairing on Thursday, February 11 at 5:30-7:30 pm.

Dudleys offers a three-course Valentines Day menu on Sunday, February 14.

Elixir has dinner with live music on Sunday, February 14 at 6 pm.

Bring your Valentine to Goodwood Lexington from February 11-15 for a special Valentines menu; including two special release Valentines stouts, an appetizer or dessert to share, two side salads, two entrees.

Girls night! Goodwood also hosts a Galentines Special on Wednesday, February 10, featuring half price on wine all day.

J. Renders Southern Table & Bar hosts a Cupid Special featuring three courses available on February 12, 13 and 14. Available dine-in or curbside.

Dine in at Joe Bolognas on Valentines Day and enjoy a heart shaped pizza.

The Kentucky Castle offers a special Valentines menu the weekend of February 12-14 from 5 pm until 9 pm. Available as a three or five course meal, with the option of a wine pairing.

Le Deauville French Bistro has a pre-fix menu for Valentines Day.

Lexington Diner offers Valentines Day specials like a Bomb-Diggity Chocolate Waffle, a Seafood Lover Omelet, and Prime Rib on February 12-14.

Valentines dinner for two from Mirror Twin Brewing and Rolling Oven on Sunday, February 14.

Old Vine Bistros Valentines Menu is available on Friday, February 12 and Saturday, February 13; including a shareable appetizer, salad, main course, and dessert.

Oscar Diggs has a special Valentines dinner menu on Saturday, February 13 and a Valentines brunch menu available on Sunday, February 14.

Pivot Brewing hosts Woke Junk Vegan Food and Smore Than a Feeling for a special Valentines Day event with several dinner seating times. Includes two entrees, two sides, an appetizer and two flights.

Ranadas Kitchen offers a four-course Valentines Day Dinner on February 12, 13, and 14 with 5:30 pm & 8:30 pm seatings.

Rickhouse Pub and Battle Axes combine to create a Valentines Day date night including drinks, dinner, dessert and axe throwing.

Roulay Restaurant and Bar has a Valentines Day Prix Fixe Dinner on Saturday, February 13 and Sunday, February 14. Champagne toast (or cup of Chicory Coffee is included). Add-ons available including Charcuterie Board for two, Chesapeake Oysters, and Chocolate Covered Strawberries.

Texas Roadhouse in Beaumont has a Valentines Dinner for Two, available for dine-in or curbside, Thursday through Sunday of Valentines weekend.

Tin Roof hosts a Love Stinks, Lets Drink-Emo Brunch on Sunday, February 14. Brunch menu and Bottomless Mimosas available from 11 am 3 pm with themed live music from 12 pm -4 pm.

Coles 735 Main offers two multi-course meal kits (featuring either USDA filet or Black Angus Falls NY strip steak) and a handcrafted artisan chocolates + wine pairings box. Pre-orders taken through February 12.

Dupree Catering + Events offers a Valentines Dinner Package for two.

Good Foods Co-op offers a pre-order meal for $16.99, including your choice of heat-and-eat entree, salad and a roasted garlic semolina loaf. Desserts are 25% off when added to a meal pre-order. Choose day and time for pickup from February 1214. All orders must be placed by Wednesday, February 10, and the order is not be considered placed until payment is received. This same selection of dishes will be available in their grab & go section, as production permits.

Holly Hill Inn has a Valentines Dinner for Two including a trio of bites, a choice of first courses, entres and desserts, and a bottle of bubbly to share.

Jeff Rubys Steakhouse offers special Valentines Day Meal Kits Pre-order and vailable for pickup prior to 4 pm on February 12, 13, & 14 only. Meal Kit features filet mignons, lobster tails, shrimp w/ cocktail sauce, freddie salad, asparagus, mashed potatoes, and more.

Cater a special Valentines feast from Selmas Catering, with options like Beef Filet Oscar Style, Salmon or Grilled Grouper, Breakfast Charcuterie, and more.

Backroads Bakery has a Valentines gift package including two mugs, hot cocoa, 5-piece box of homemade dark chocolate truffles and a mini triple chocolate heart shaped cheesecake. Pre-order by February 10.

Chocolate Holler has chocolate covered strawberries for Valentines Day. Pre-Orders for any amounts of dozens or half dozens. Pick Up Days are February 8, 10, 12, 13 and 14. Orders close at 8 pm two days prior to your selected pick up day.

Crank & Boom Craft Ice Cream released special Valentines flavors, available in scoops & pints at both locations. Flavors include Irish Cream Dreams, Red Velvet Cheesecake, Non Dairy Chocolate Covered Strawberry.

DaRae & Friends Catering offers a Valentine Treat Box.

Martines Pastries offer Valentine Day themed treats including a cookies and cakes.

The Midway Bakery offers a Valentines Day Cookie Box. Each box includes a cookie-size Ruth Hunt milk chocolate heart and five varieties of cookies (four of each): Chocolate Chip, Sorghum, Peanut Butter, Vanilla Cranberry and heart-shaped sugar cookies with pink and red sprinkles.A gift note is included in each box by request. Available for pickup or shipping.

Oh My! Cookie Co.offers Valentines Day cookie boxes.

Pearls is making Valentines Day cookies, customizable to say whatever youd like. Pre-order online and pick up in store on February 12 & 13.

Selmas Catering offers a variety of desserts along with Valentine Hot Chocolate Kits and Valentine Cookie Decorating Kit. Order by February 11.

Thrive Kombucha has a special release bottle of kombucha along with sets of four chocolate covered strawberries available for Valentines Day.

The Amsden hosts a Galentines Day celebration on February 5-7. Friday/Saturday from 7 am to 7 pm; Sunday from 11 am until 5 pm. Featuring special Valentine lattes and hot chocolates, donuts and holiday themed treats. Make-your-own valentine station, a festive backdrop, special cocktails, and grab-and-go Valentine gift sets, and hourly giveaways.

Williams Sonoma has Valentines Day Baking with Brian Hart Hoffman, Sarah Kieffer, and Amy Guittard online on Monday, February 8 at 8 pm.

For a $10 donation, Lexington Humane Society will write your exs name on one of the many litter boxes. Donations accepted through February 12.

Waveland hosts two Valentines Teas on Friday, February 12 at 2 pm and 6 pm. Reservations are required.

Oh My! Cookie Co. has a pop up event at Poppy & Pomelo inside Greyline Station on February 13-14.

Wine + Market hosts their annual Bubbly and Bites Class on Saturday, February 13 at 6 pm; held on Zoom this year. Pick up your kit the day of the event, and that evening sample several bubbly styles each paired with small bites.

The Mad Potter hosts their 19th Annual Valentines Day Event on Sunday, February 14 at 6 pm, online.

Celebrate Valentines Day at The Burl w/ Mama Said String Band & Dark Moon Hollow on Sunday, February 14 at 7 pm.

Lexington Opera House offers a Valentines deal for couples and/or family groups of three or four to play mini golf at the Opera House on February 12-14. The package includes a 90-minute mini-golf session on their Broadway-inspired course, a photo opportunity at the Sweetheart Selfie Station, souvenir golf ball, and a sweet treat to take home. A personalized Valentines message will be posted on the new exterior Opera House Marquee on Broadway during the scheduled tee time.

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Google expands into health tracking using smartphone cameras to monitor heart, respiratory rates – FierceHealthcare

Posted: at 7:51 am

Google is stepping up itshealth-tracking game with a new tool to help consumers monitor key vital signs.

And while Google just closed a deal acquiring Fitbit, it says this new product doesn't need a wearable.

Instead, Google Health, the tech giants health and wellness division, has added new features to its Google Fit app that enables usersto take their pulse just by using their smart phone's camera.

Were working on ways to unlock the potential of everyday smart devices. Were exploring how to leverage sensors that are becoming more ubiquitous to support health and wellness, said Shwetak Patel, director of health technologies at Google Health, during a briefing with reporters Wednesday.

There is a paradigm shift in health measurement. Our team of researchers, engineers, and clinicians are exploring how everyday devices and inexpensive sensors can give people the information and insights they need to take control of their health," he said.

The new features will be available in the Google Fit app for Pixel phones in the next month, with plans to expand to more Android devices, the company said.

RELATED:Apple steps up its focus on health with new blood oxygen sensor, population health initiative in Singapore

The measurements arent meant for medical diagnosis or to evaluate medical conditions but can be useful for people using the Google Fit app to track and improve day-to-day wellness, Patel said. The health tracking tools donot provide any feedback based on users measurements.

Google Health developed a way to measure respiratory rate using a smartphone camera and a computer vision technique called optical flow to detect subtle movements in the chest. Users place their head and upper torso in view of their phones front-facing camera and breathe normally to capture that measurement, the company said.

To detect heart rate, Google Health uses smartphone cameras to detect subtle color changes in the fingertip that happenwhen freshly oxygenated blood flows from the heart through the body, a process called photoplethysmography (PPG). Usersplace their fingers on the rear-facing camera lens to measure heart rate.

Google also isexploring the ability to measure heart rate from color changes in the face.

With the aim of making the features work for as many users as possible, Google said it completed initial clinical validation with people of different health status, in different ambient lighting, different skin tones, as well different heart rate ranges, such as users sitting at rest and users elevating their heart rate by briefly exercising.

RELATED:Google closes $2.1B acquisition of Fitbit as Justice Department probe continues

The company plans to share the results of these studies in a preprint publication in the coming weeks, and is seeking publication in a peer-reviewed journal, company officials said.

For the respiratory rate tracking feature, researchers examined its accuracy among healthy individuals as well as those with respiratory conditions that might impact measurement. Google Healths algorithm is accurate within 1 breath per minute on average on both groups, said Jiening Zhan, technical lead at Google Health.

The heart rate measurement algorithm is accurate within 2% on average, Zhan said.

Were exploring a variety of sensors to bring to bear for health and wellness. The smartphone is a good starting point and were exploring other devices in our product lines, Patel said.

Last month, Google closed its deal to buy fitness tracking giant Fitbit for $2.1 billion.Its not clear how Googles new health-monitoring features will fit into Fitbits business.

RELATED:Google moves into health research with mobile app, starting with respiratory illnesses like COVID-19

Were excited to collaborate with Fitbit and work on health and wellness. Its still very early to figure out how we can align our efforts, Patel said, noting that the acquisition closed just a few weeks ago.

The consumer-facing health monitoring market is crowded with smartwatches and wearables that can monitor steps taken, heart rate, sleep cycles, and blood oxygen levels. Compared to a Fitbit that can continuously track heart rate, Googles health-tracking features require users to actively measure their vitals using the camera.

Patel said smartphones are more ubiquitous than wearables and the accessibility of phone cameras will help more people to monitor their health.

Relatively few people in the U.S. actually have wearables. We know a lot of people in disadvantaged populations dont have wearables and arent benefitting from health tracking. Equity is an important part of Googles mission, he said.

Currently, Google is focused on using the features for general health and wellness but there is the potential to use the technology as part of a medical device, which would require approval from the Food and Drug Administration.

Work in the technology and research community suggests the technology might work for sick patients but there is not enough testing and validation. Were definitely working on those use cases and are exploring that, said Ming Jack Po, product management at Google Health, during the briefing with reporters.

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Google is working on anti-tracking features for Android – comments – GSMArena.com

Posted: at 7:51 am

M2

I'm switching away from Google for web browsing and communication. Signal and Telegram are, so far, ad free. Duckduck is an excellent browser options.Next to go is the increasingly ad heavy YouTube that's been ruined for important tasks such as acquiring knowledge.

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Smoke and mirrors.

V10719

This is ridiculous. 'Anti tracking'. Oh it's super dupy easy. Just erase the code that actually tracks the user. Just in case the development teams requires some pointer on how to do it.

Wait! They are not erasing anything? They just want to make it harder for anyone else to track the user so their database comes on top....

Now I understand. When google tracks you it is 'improving user experience' or something like that, when anybody else does the same it's old good tracking. Isn't it.

Oh wow, these marketing guys are geniuses

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Remember when Google was sued in the UK for intentionally developing and deploying a work-around to circumvent users *explicit* privacy settings in Safari? Or when they accidentally mapped hotspots all over NA, then refused to delete the data? Or when they decided Dont be evil was too restrictive a motto? Yeah, I trust them about as far as I can throw them.

Google wants other companies to be limited in tracking inside Android while Goigle itself tracks everyone 24/7 without consent. That's privacy ala Google!

?

For a moment, I thought I was reading a The Onion article. Thanks for the laughs.

Oh I dunno Google, I have already completely deGoogled my Android phone anyway. Now I use microG and replaced all Google products with their own FOSS alternatives. I don't miss Google Mobile Services at all now.

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Reason, 12 hours agoI've been on them for years about tracking, but it's one of the things in android th... moreIt can never be zero private information. Anti-tracking should be a balance between security, functionality and safety.

Let me put it this way in an extreme case. If a hacker hacks your bank account via the app, no tracking was in place. You scream to your bank, demanding to find who is the culprit.. they shake their heads.. saying tooo bad.. we have no tracking.. your money is stolen by we don't know, it could even be yourself for all we know.

Just like real world, we need to provide peacekeepers the means to track down bad guys. It's a balance, not going to be easy to balance it all.

While I agree tracking for ads and such is kinda bad, but we are also how company learns to improve.. for example, you like product A, but the company did not know and decided to discontinue product A.. You scream at them for being dumb.. but how would they know if you like it? The more personalised the usage, the better companies can provide the service for you. So again, there have to be a balance.

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I trust Google as far as I can throw them.

R

I've been on them for years about tracking, but it's one of the things in android they didn't change. I also proposed a better permissions sandbox scheme and they brought a simple version which automatically grants access to all sorts of tracking features, hiding them out of view. If you go to app permissions and look into the sub listings, you may see all sorts of stuff there you never gave permission to.

The amount of private information they should be allowed is zero. You don't have the guy at the shop you bought bed sheets from come in to your house to watch you while you are asleep, look through your bills and steal their infirmary for the perps records. Stuff around with the plumbing in your house and fill your house with recording equipment and spare magazines. Why should you expect these people to to be allowed to do it! Time for manipulation of the law to finish, and internet companies that do these thins to go broke. We all love 'insert name here's, but if it means supoorting real douchebag, why bother!

s15765

ultimately this is about greed of both apple and google- they simply want to take the money being earned from using tracking information and user data gained from APIs granted to third parties in their respective operating systems; they simply can just sell it themselves to anyone interested, bypassing third parties. algorithms and ai development, which both companies work on, are both founded on the premise of serving the users better targeted information and ads. on one hand there is that benefit that there will be less entities to track and collect user information, but then on the other hand the same amount of information is still being collected from users. targeted ads and information is where content providers/creators earn from, and to serve you these they need your tracking information as well as various personal information, which they obtain from the owners of the platforms. apple fans may defend that they do not serve targeted ads, and that would be an absurd claim. free contents and games/applications you consume will always have to serve you ads in one way or another as, again, it is the only way for their creators to earn money. subscriptions and/or payments for paid services as well is subject to 30% "google tax" and "apple tax" on their respective platforms, and in return they gain tracking and user information for them to make the service or the content better. no such thing as free- in this digital world, you are actually not the user, rather the product being sold.

C

LOL, 14 hours agoIt's like a poison trying to create an antidote to itself.Haha, well greatest discription, way better then mine.

L

It's like a poison trying to create an antidote to itself.

C

Hah, what a joke. All they need to do is give the people the power to block/allow internet access for apps and well for them selves to stop tracking. They can't do nothing against the world wide web, and they know that... so the "efforts" they talk about is BULL''''t.

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Google can't be trusted

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Anti-tracking for others. Open for Google, partners that pay for the info and obviously NSA, etc. So, at the end, you are still tracked.

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Everything out there is tracking you. Get used to it.

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Google and privacy??? Good luck with that...

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Doubt

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I hope battery life will improve with Android 12

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Ford to Add Google Maps, Voice Assistant to Its Vehicles in 2023 – Car and Driver

Posted: at 7:51 am

The partnerships between automotive and tech powerhouses continue with Ford and Google announcing today that they will enter a new partnership called Team Upshift. Part of the deal is that in 2023, new Ford and Lincoln vehicles will have an infotainment system that uses the Android operating system. On the business side, Ford will also use Googles cloud platform to help with manufacturing, train its artificial intelligence (AI) and machine learning systems, and train Ford employees.

As part of the use of the Android operating system, starting in 2023 Fords and Lincolns will have be outfitted with an infotainment system that natively uses Googles voice assistant, Google Maps, and will have access to the Google Play store to add additional applications to the vehicles. While the visible portion of the system will be a uniquely Ford and Lincoln experience according to the automaker, the Android operating system will be the underlying platform. In other words, it wont look like the Android Automotive experience found in the Polestar 2 and Volvo XC40 Recharge.

On the back end, Ford will make Google its preferred cloud partner to help facilitate the training of AI and machine learning to help streamline manufacturing and make it easier to send personalized notifications to customers. The Google Cloud system will also be used to push over-the-air updates to the vehicles outfitted with the Android operating system.

Todays news is part of a trend of automakers partnering with tech companies to help deal with processing issues around AI and over-the-air-updates. In January, GM and Microsoft announced a deal that would make Microsofts Azure cloud platform the automakers preferred platform service to help GM build its autonomous driving platform.

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Texas court considers hearing on changing venue of Google antitrust case – Reuters

Posted: at 7:51 am

FILE PHOTO: A Google sign is pictured on a Google building in the Manhattan borough of New York City, New York, U.S., October 20, 2020. REUTERS/Carlo Allegri/File Photo

WASHINGTON (Reuters) - A Texas court considering a state antitrust lawsuit against Alphabet Incs Google is likely to hold a hearing on the companys request to move the trial to California, according to discussions at a status conference on Thursday.

Lawyers at the pretrial conference, which was held in Plano, Texas, discussed Googles motion to move the case to California, where it is fighting similar cases.

Judge Sean Jordan, who was nominated to the court by former U.S. President Donald Trump in 2019, indicated that if either side wanted a hearing on the issue, he would likely schedule one.

Yes, your honor, we will want a hearing, said Paul Yetter, who represents Google in the case. Suggested dates for that hearing were late February or early March.

Texas and nine other states sued the search and advertising company in mid-December, accusing it of breaking antitrust law in how it dominates all steps in placing digital advertising. Publishers complain that one result has been lower revenues. Google has denied wrongdoing.

Yetter also brought up the issue of an unredacted draft of the Texas lawsuit being leaked to major newspapers. The draft discussed a deal struck between Facebook Inc and Google.

Yetter, speaking for Google, said he wanted disclosures of who received confidential information in order to prevent a repeat of the leak.

Speaking for Texas, Mark Lanier pushed back, saying he would be loath to disclose consultants but would agree to having people sign for documents and suffer repercussions in the case of a breach.

The lawsuit is one of three faced by Google. The other two were filed by the U.S. Justice Department and a big group of states. Facebook faces lawsuits from the Federal Trade Commission and another group of states.

Reporting by Diane Bartz in Washington; Editing by Matthew Lewis

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Texas court considers hearing on changing venue of Google antitrust case - Reuters

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What Publishers Will Need To Change About Their Ad Experience For Google’s Core Web Vitals – AdExchanger

Posted: at 7:51 am

The Sell Sider is a column written for the sell side of the digital media community.

Todays column is written byBrian Weiss, yield and product strategy manager at Freestar.

Publishers battling for the top ranking among the most-searched keywords face a big change to the rules of the game in May 2021, when Google will be updating its search algorithm to incorporate Core Web Vitals (CWV), three new metrics to measure page experience. These changes arent an act of altruism. Google searchs update aims to improve the perceived user experience and overall brand of their browser, where Google is the default search engine.

Google has described CWV as: a set of metrics related to speed, responsiveness and visual stability to help site owners measure user experience on the web. Its rare for Google to be so transparent and proactive about changes in their search algorithms, so when notice is given a year in advance, theres good reason to pay attention

For web users, this set of standards will lead to a more user-friendly browsing experience, one which publishers have allowed to erode over time as more revenue-centric metrics like clicks, viewability, and video completion rate dominate conversations and dashboards. Many publishers have grown out of touch with their audience and how they interact and engage with their websites.

So while Google is forcing change, the industry as a whole stands to benefit from rethinking and adjusting to meet these new standards. Publishers who choose to adapt and be proactive stand to gain from not just increased search traffic, but also more users returning to their websites and spending more time each session.

With implementation just months away, publishers need to begin optimizing for the upcoming algorithm changes.

Core Web Vitals will comprise three of the seven search signals used by Google to determine a webpages page experience score. The score affects a publishers rank on search results and, just as importantly, appearing in what they refer to as rich results or enriched search results. These are the results that appear at the top of the search results page.

Core Web Vitals should make you consider where, how, and what size ads are placed on your page, especially for mobile users. Ad placement and frequency needs to accommodate pages that are narrower in width and thus have a far greater scroll depth.

To capture the full value of a pageview, you first have to fully understand where users are focusing their attention, and then at what size and frequency ads can be placed in those focus points without having a negative impact on user experience.

Clear Up Any Speed Bottlenecks

On mobile devices, users scroll through content far faster than on desktop. That means theres far less time for ads to render and be fully viewable. As a result, the ad placements that are highest up on the page are the hardest to fill.

A great way to measure performance is Google Ad Managers Ad Speed reports. They display a snapshot of your networks ad serving speed and can be segmented by ad unit and device type to determine reasons for non-viewable or non-deliverable ad impressions. Other valuable insights can be gleaned from looking at the tagging speed, which shows ad speed by elapsed time for different periods, including Page navigation to tag loaded time. These reports make it easy to identify and improve the factors contributing to fast or slow load time.

A Worthy Investment

Resilience through periods of great change defines great companies from the rest. Look at this algorithm change as an opportunity to gain an edge on competitors by understanding the right balance between user experience and monetization.

For publishers, now is the time to get to know your audience again. Strengthen your website's foundations so youre prepared to weather whatever storm may lay ahead.

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What Publishers Will Need To Change About Their Ad Experience For Google's Core Web Vitals - AdExchanger

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