Monthly Archives: May 2021

The Age of Intersectional Empire Is Upon Us – The Nation

Posted: May 11, 2021 at 10:45 pm

A still from the Humans of CIA recruitment video released in March. (CIA / YouTube screengrab)

My homie Ofelia Cuevas sat spellbound before the CIA recruitment video that folks are still fussing about a week later. The video featured a black suited, code-switching, Latina with plenty of attitudethe kind of attitude Ofelia likes to inspire in her Ethnic Studies students at the University of California, Davis. The confident, thirtysomething woman in the video also wore pumps and big golden hoop earrings. Many a working-class homegirl wears the earrings as a way of embracing their inner Aztec warrior goddess in the parts of the Southwestern United States, like California, that used to be called Mexico. Ofelia and I grew up around fierce, young women who sported hoop earrings back in the 1980s, just before I decided to join war against a US-backed fascist military dictatorship in El Salvador.

She listened intently as the videos violin music crescendoed to the moment when the intense, unnamed Latina delivered the fury of her message in incantatory tones:

I am a woman of color. I am a mom. I am a cisgender millennial whos been diagnosed with generalized anxiety disorder. I am intersectional.

At first, Ofelia, a scholar of race and media, told me, I couldnt believe it. I thought it was a joke. But as I kept watching, I thought, Oh my Godits real. She added: The fucking CIA is trying to be woke.

Ofelias response to what some are calling the CIAs woke video reflects not just her disbelief but also the acknowledgment of something else, something far more consequential and dangerous: that the Age of Intersectional Empire is upon us.

The CIA videoone of over a dozen Humans of the CIA recruitment videos featuring Black, Asian Pacific Islanders, queer, Indigenous, and other identity groupsreflects a new moment in the long history of identity politics. This isnt the first time the US state is deploying racial and other identity groups to further imperial domination and control. But the scale and speed with which the Biden administration is abandoning the nakedly visible white supremacist mode of governance and dominationsee Trump presidencyfits our times. This hipper, more intersectional look almost makes one forget that the US government is still in the business of empire.

Some, for example, celebrate the fact that more than 30 percent of ICE agents and about 50 percent of Border Patrol agents in the United States are Latinx. Others seem to forget that the appointment of Alejandro Mayorkas, a Cuban American, as secretary of the Department of Homeland Security does nothing to dismantle or abolish the same department that helped militarize the police that killed George Floyd in Minneapolis and attacked Black Lives Matter protesters in Ferguson. In the vast world that lives outside of progressive circles, there are millions of people who have emotional reactions to Army and Marine recruitment ads featuring proud Black and Latinx soldiers.

The theory of intersectional empire seems to be premised on this idea: The more the government looks and feels like the rest of us, the more difficult it is to criticize and attack it. Nowhere is this clearer than in the diversity that has reached the very top levels of government in Bidens cabinet. Such a situation might make it difficult to criticize the Biden administration, but weve already learned about the contradictions posed by the rise of intersectional empire thanks to Barack Obama.

Those of us who criticized Obamas immigration policiesrecord-breaking deportations, raids, mass child separation and caging, border militarizationwere subjected to attacks by Democrats and their supporters. Five months into Obamas presidency, my reporting about his expansion of Secure Communities and 287(g)deportation programs he promised to endearned me accusations of being anti-Black. Over time, I watched as Obama got some criticism for his deportations, but nary a word was said about truths that have proven inconvenient to many liberals: that Obama initiated the practices of mass caging and mass separation of thousands of Central American children and parents, whose treatment many liberals loudly condemned as state terrorism when those policies were continued and expanded by Trump.

Overcoming the national and geopolitical dumpster fire left by the Trump presidency makes Bidens intersectional approach to governance all the more sensible, according to Stanford professor Vaughn Rasberry. Bidens approach, he says, is updated for the moment were living in. After 4-5 years of unrestrained white supremacy, xenophobia and oppression, its not difficult to see how this has enormous appeal. It enables [the] administration to both communicate alternative values while also continuing the hegemonic trajectory the U.S. has had in the world since World War Twoor even earlier.

Rasberrys most recent book, Race and the Totalitarian Century, examines how W.E.B. Du Bois, Shirley Graham, and other writers chose to align with the communist bloc and the global decolonization movement as a way to counter United States government efforts to recruit African Americans in the fight against Nazism and Stalinism. These writers understood that a new mode of empire was ascendant, and that it understood the complex working of race and identity enough to use them for imperial ends.

One major consequence of the Cold War politics of race and empire, says Rasberry, is the marginalization of more radical voices like those of Richard Wright, Paul Robeson, and others. A more recent example of this marginalization is that of Cornel West, an open critic of neoliberalism and the American empire who formerly enjoyed countless invitations to appear on major news shows. However, once he started criticizing Obama and other examples of what he called Black faces in high places, he has not enjoyed the same media attention.

Were at the front end of a very challenging moment in the history of hegemony and domination, a moment that requires more questions than answers.

Its easy to see the historical continuities, says Rasberry. The key question is what is new about this moment? Is it really just a matter of style and part of the zeitgeist or is it something genuinely new? Im not sure.

Neither am I. But the debates about intersectional empire are just beginning. I recently noticed this through a picture making the rounds on Twitter. It shows four Navy servicemen standing, in battle gear, before a helicopter with a rainbow flag draped on it. The tweet says, History was made on Friday with the first ever all gay @USNavy helicopter crew. I see the grey banality of the helicopters and cant imagine it wouldve made any difference to the peasants bombed in El Salvador whether there were rainbow flags on them.

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The Age of Intersectional Empire Is Upon Us - The Nation

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Sydney’s almost unnoticed Archbishop-elect: The challenges facing Kanishka Raffel and the Anglican church – ABC News

Posted: at 10:45 pm

Sydneys Anglicans have just elected a new Archbishop the current Dean of Sydney, Kanishka Raffel. You may not have noticed. Only two decades ago, the election of an Anglican Archbishop in Sydney was not just news, it was a matter for critical commentary in the opinion pages of the Sydney Morning Herald.

Earlier this year, the retirement of the previous holder of that office, Archbishop Glenn Davies, was not even mentioned in the secular press. The death of former Archbishop Donald Robinson, Archbishop from 1982 to 1993, likewise scarcely caused a ripple.

All this tells you something about the current cultural moment into which the new Archbishop of Sydney must step. With a Pentecostal Prime Minister, much media coverage of religion in the past three years has centred on Pentecostalism as the fastest growing, and increasingly influential, Christian movement in Australia. The growing subscriber base of the Australian Christian Lobby is reportedly drawn more from these new church movements than from the established denominations.

Sydney Anglicanism is old news: the usual media criticism of Sydney Anglicans weekly fodder for journo-comedians like Mike Carlton for years has morphed into indifference.

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Despite the vigorous efforts of Raffels predecessors, the Anglican Diocese of Sydney has not been growing overall. Parish attendance figures have not declined as sharply as with other denominations and other parts of the Anglican Church, but that is of no comfort. The reality is that, while Sydney itself expands and grows numerically and geographically, the Diocese has struggled to keep up.

Not only that, but the Christian faith is struggling with declining cultural influence. Whereas once to be moral was to be Christian, there is now a serious question over that assumption. Christian morality is not the same as societys general moral sense. However much people speak of Christian values or admiring the teachings of Jesus, when it comes down to anything that matters like money, power, and sex sharp divergences appear.

All churches have been tainted by the revelations of child sexual abuse, which has caused a profound loss of trust in them. In fact, trust in all of our social institutions is at a low ebb, whether they be trade unions, sporting clubs, political parties, banks, or the once-great media companies. But the church had developed a trust problem all of its own. In addition, the Anglican Church is culturally Anglo-Australian in many ways a strange fit for a multi-cultural city, where every third citizen is born overseas.

Whats more, the Christian contribution to the cultural and intellectual landscape has become largely invisible. Its a surprise to many people to discover that two of our leading contemporary novelists, Helen Garner and Tim Winton, profess Christian faith in one form or another. The biblical references and Christian themes remain unnoticed in their work, because literary critics are not trained to notice them. The association of Anglican Christianity with colonialism and with the establishment breeds an assumption among the left-leaning intelligentsia that Australias Christian heritage is, at best, an embarrassment.

Its not that people are become less spiritual as such. True atheists remain a very small (and mostly male) group. But younger people are more inclined to describe themselves as spiritual not religious. In her book Strange Rites: New Religions for a Godless World, Tara Isabella Burton charts the decline of interest in institutional religion among young Americans (and Westerners in general) and the simultaneous pursuit of what she calls intuitional forms of spirituality. She writes of millennials and Gen Zers:

They prioritize intuitional spirituality over institutional religion. And they want, when available institutional options fail to suit their needs, the freedom to mix and match, to create their own daily rituals and practices and belief systems.

Of all the forms of Christianity, Pentecostalism seems a better fit for the intuitional moment. Its emphasis on the experiential, emotional, and spontaneous side of faith feels more in tune with the zeitgeist. But as it becomes more established, it too has struggled with institutional versus intuitional problem.

As one speaker at the recent Archbishops election synod put it, Sydney Anglicans are like the Ever Given, the massive tanker that got stuck in the Suez Canal. The Anglican Church has impressive resources in property and personnel, but its infrastructure was designed for the Sydney of 1850, not 2050. It has an admirable commitment to democratic processes and to the independence of its local parishes, but at the expense of efficiency and quality control. For every growing parish and there are some amazing stories of growth there are many more that are in decline.

Any organisation facing this kind of stuck-ness is open to several temptations. The trouble is, that to fall for any of them is to hasten the decline, not arrest it.

The first of these is the temptation to appoint a crash-through leader. Anxious people want superhero leaders who will fix everything. They dream of the alpha individual who just crashes through the barriers to change and growth, firing and hiring at will. We want the guy who will build the wall and make us great again. (Sound familiar?) The church is no different. We yearn for a radical change agent. And yet, the problem with the crash-through leader is well, the crash. They will likely prove polarising and destructive.

The second is the temptation to become culturally defensive. A church could retreat into itself, becoming a bunker against the waves of social change. It could attach itself to cultural and social conservatism and rage against the advance of progressive causes that it feels are undermining the Christian character of our society. The problem here is not that the church needs to get with the times or that it needs to upgrade its views. The problem is that it always ends up fighting on terms set for it by others. It is perpetually on the back foot. And it never sounds like it has good news to share.

Sydneys Anglicans have noticed that numbers of their members who say that they are willing to invite someone to a church service have fallen in the last decade. If you keep telling people that society is becoming a more hostile place to be a Christian, is it any wonder? Cultural defensiveness will breed a generation of anonymous Christians, brave on Sundays but terrified the rest of the time.

The third is the temptation to pursue structural solutions at the expense of spiritual renewal. There is no question that Sydney Anglicans need to renew and refine their organisation. The administrative burden on clergy sucks the joy out of the job of being a parish minister. Many experienced parish clergy are leaving the job prematurely. As the west of Sydney fills with new communities, we need to shift our resources and quickly. There is a need for greater accountability and transparency, fewer conflicts of interest, and fewer overlapping committees and departments. Less energy needs to be spent on governance and more on sharing Christ.

But what it really needs is a commitment by all Anglicans in Sydney to spiritual renewal. What we need to see is Christians who are more deeply shaped by Christ that is to say, Christians who are more authentically, well, Christian. We need to experience once more the grace of God in Jesus Christ. We need to repent of our past sin and receive divine forgiveness. We need to be marked by our generosity, our humility, and our love. After all, the church of Jesus Christ is not primarily a corporation seeking greater efficiency. Our greatest and most powerful resources are spiritual.

The fourth is the temptation to become obsessed by infighting. You dont need to be a sociologist to know that groups that are under pressure start to fight with one another. This is true of churches, as well. The temptation is to become focussed on finer and finer points of doctrine as markers of true belonging and trustworthiness. Defending the purity and power of the in-club can become a substitute for the real mission. There can be a lot of talk about connecting with outsiders and sharing the gospel, but that can become a smokescreen for the work of internal politics.

Its not exactly a secret that Sydney Anglicans can be very political when they want to be. But the detrimental effects of infighting dont need to be spelled out. The sheer energy taken up by infighting exhausts good will. A person who feels continually excluded from the group is less likely to work for the good of the group. Infighting eats away at trust and creates a motif of fear with a community. Theres not really an upside.

But even more importantly, infighting is profoundly unchristian. From the beginning, Christians have argued with one another about important things. Thats not surprising. But to disagree well is a basic ingredient to the church an expression of the very unity we have in the Spirit.

What, then, can Archbishop Kanishka do? What is the Anglican Church in Sydney to do, under his leadership?

I am reminded of the words of St. Paul when he was imprisoned. Not much use, his followers might have thought, an apostle in chains. But, as he wrote in 2 Timothy 2:9: the word of God is not chained. However stuck Sydneys Anglicans might be, they do not follow a God who is stuck. The followers of a resurrected Lord cannot act as if anything is an insurmountable barrier to him. In just a few short decades, to take one example, the church of Jesus Christ has exploded in places like China, despite the active and violent suppression of the faith by the Communist regime.

And this means: whatever a Christian church is to do, it must not anxious. It mustnt look to crash-through leadership, nor expect it of Kanishka Raffel. It mustnt retreat into cultural defensiveness. It must renew its structures, but not as a priority. It mustnt descend into infighting. At one level, the millennials are right: there is a deadening institutionalism that can infect churches that is antithetical to true spirituality. If the Anglican Church in Sydney is to survive, it must never become poisoned by institutionalism.

The answer must surely be that the church of Jesus Christ needs to be more authentically what it actually is. Christians in Sydney be they Anglican or not need to be more Christian. The calling of the church of Jesus Christ is to be more like him. It is called upon to worship God, and to live life together that reflects his character, whatever the circumstances. As Dietrich Bonhoeffer wrote:

The Church is the Church only when it exists for others ... not dominating, but helping and serving. It must tell men of every calling what it means to live for Christ, to exist for others.

Archbishop-elect Kanishka Raffel has not been appointed as a manager or as a CEO. He has not been recruited by a firm of head-hunters after a world-wide recruitment programme. Hes been called to be a spiritual leader not to try his hand at a corporate style of leadership, but to embrace the prophetic and pastoral ministry of his office.

He must lead his churches, then, in a concerted effort in prayer and repentance. There can be no priority higher than this. It would be a grave mistake to put evangelism above this, since evangelism is powerfully effective when there is evidence that people really live as if the gospel is true. In the past, weve been too triumphalist, too presumptive. The grace of our message has not always been matched by the grace of our welcome.

Kanishka must lead them in a return to the Word of God. Martin Luther once said, with typical exaggeration, the ears alone are the organ of the Christian. The Christian church is a listening church. It is found wherever the Word of God is preached. Where Jesus is declared to be Lord, and where people gather to hear it, there you find the Spirit of God active not only there, but certainly there. When the people of God are seeking the voice of God in the pages of the Bible when they hear themselves addressed by him from above then there is hope.

The Archbishop must encourage us to be local communities of loving welcome. The action, as it were, is not in the bishops office or in committee rooms. The faith is not a matter of reports by theologians. It lives in the congregations that gather Sunday by Sunday, worshipping God and hearing him address them. Archbishop-elect Kanishka has written of a visit he made while holidaying to a small congregation, unimpressive by normal standards and few in number. And yet, he wrote later that he saw there the stunning beauty of the gathered people of God. It is my experience that people who are you might think the least likely to find a spiritual home in an Anglican Church in Sydney do so when they find that the hospitality they experience is for real.

But there must also be a courageous and prophetic engagement with post-Christian culture. The great Swiss theologian Karl Barth once said that sermons should be written with the Bible in one hand and the newspaper in the other. The Bible gives us eyes to see what is really in the newspaper. But it is also the case that news may help us to see better what is in the Bible. The mistake that many American evangelicals have made is to imagine that political and cultural means are the way to pursue or to defend the kingdom of God mostly in alignment with the political right. That is a fools errand. It leads to an idolatry of political power, as was seen the Trumps presidency. It shows no faith in the ultimate Lordship of Jesus, who is the churchs only Lord.

But neither should the church simply follow the spirit of the age. Its calling is not to provide a chaplaincy to contemporary narcissism. It finds laughable talk of getting with the times or history being on our side. It does not pursue relevance, as if that were anything worthwhile. It outlasted Rome: it will surely outlast Atlassian.

The culture question is not simply an either/or. Too often Sydney Anglicans have framed it in this way. Culture and the church are not simply separate, opposing domains one sinful and the other holy. This is intellectually and ethically unpersuasive. Every church lives in its culture, and is part of it, sharing in its besetting sins and benefitting from its glories.

Instead, a new Archbishop will need to sponsor and encourage the kind of work that Augustine did in his epochal book The City of God. Contemporary Western culture is arguably showing signs of decadence, as Ross Douthat has recently argued. The pandemic has exposed the lack of spiritual values at the heart of the secular Western paradigm for human flourishing. Questions of meaning and value have by no means been settled simply by jettisoning Christianity. The Christian tradition presents its adherents with some powerful intellectual and ethical weaponry for just this moment.

Is Kanishka Raffel the person to unstick Sydney Anglicans? No, he isnt. But Ive been arguing that thats the wrong paradigm of leadership in any case. The stuck-ness is primarily a spiritual challenge; and the true agent of spiritual change is not a human being, but the Spirit of God.

Kanishka, however, is a man who will be able to lead Sydney Anglicans to be more truly what they are supposed to be. Converted to Christianity in his twenties from a Buddhist background, he is something of an outsider to the Sydney Anglican establishment. He is clearly not from one of the dynasties that are part of the fabric of the diocese. He did not go to an Anglican school. He has spent many of his ministry years outside of Sydney, as Rector of St. Matthews Shenton Park in Perth.

When he returned to Sydney to serve as Dean in 2015, Sydneysiders were reminded that Kanishka is a preacher of rare quality. And yet what you hear from him in the pulpit is what you hear from him in person. Kanishka is a person of empathy and compassion. He has a noticeable humility, if such a thing can be said. Those who have worked with him have immense regard for him. Rory Shiner, who worked with Kanishka in Perth, says that:

The lasting impression has been his character, integrity, and devotion to Jesus. There are few people I know whom I trust more, respect more, or whose relationship with God Id more like to imitate than Kanishka.

If Sydney Anglicans can catch something of the character of Christ as it has been refracted in their new leader, and imitate him as he continues to imitate and serve his Lord, then who knows what the Spirit of the living God may do? But the task of any Christian, and of any Christian church, is to witness to Christ and to leave history to God. As the great Christian historian Sir Herbert Butterfield once wrote: We can do worse than remember a principle which both gives us a firm Rock and leaves us the maximum elasticity for our minds: the principle: Hold to Christ, and for the rest be totally uncommitted.

Rev. Dr Michael Jensen is the rector at St. Marks Anglican Church, Darling Point, and the author of Sydney Anglicanism: An Apology, Between Tick and Tock: What the Bible Says about How It All Begins, How It All Ends, and Everything in Between, Is Forgiveness Really Free? And Other Questions about Grace, the Law and Being Saved, and My God, My God Is It Possible to Believe Anymore?

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Sydney's almost unnoticed Archbishop-elect: The challenges facing Kanishka Raffel and the Anglican church - ABC News

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It shouldn’t be a shock to the Left-wing media that people vote Tory – Telegraph.co.uk

Posted: at 10:45 pm

I think Boris can safely re-tile the kitchen now. Much of the broadcast media was convinced his No10 makeover would hurt him in last Thursdays elections: we werent far off a Newsnight reconstruction with Lewis Goodall, dressed as Carrie, running around an animated John Lewis with a can of petrol. But the mood on Have I Got News for You on Friday, recorded when the votes werent counted but obvious nevertheless, was funereal. Why, the host asked, didnt Wallpapergate cut through? Given that this show created the Boris phenomenon, much like The Apprentice invented Donald Trump, the confusion is strange.

Have I Got News is a microcosm. Hip when it started in 1990, anti-establishment and witty, it now creaks on as an uncancellable institution, the echo chamber for a cultural elite that is powerful yet not in power and magnificently out of touch. You could not tell from the TV or tinternet zeitgeist that the Tories were going to win Hartlepool, and journalists looked suicidal when they did. Social media fell out of the sky like a rocket made in China. I was reminded of Paul Masons verdict on the 2019 general election: a victory of the old over the young, he tweeted gracefully, of racists over people of colour, selfishness over the planet. No doubt the nurse gently touched his arm and said: And what planet do you think youre on right now, dear?

Hes not even on the distant moon of London, where we were told Count Binface, a joke, woke candidate with zero laughs, would surge in the mayoral race and Shaun Bailey, a black Tory candidate, was a bigot that Londoners would reject. Binface got 1 per cent; Bailey, in the second round, 45 per cent.

The Green Partys Sian Berry said she wanted to make London the most trans-inclusive place in the world, thus adding the capitals tiny trans community to her rainbow coalition of 7.8 per cent, just 91.2 per cent off the 99 per cent socialists claim to speak for. Trans people pay tax and get burgled, too; you might want to talk more about that. Or stick to green stuff! But the Left, which feels every bit as culturally alienated as the dissident Right, betrays its abiding concerns every time it sinks to its knee, recommitting itself to a culture war a very old-fashioned war that began around the time Have I Got News started that in some quarters it has already won and in others doesnt amount to a hill of beans. Laurence Fox, the anti-woke candidate got just 1.9 per cent of the vote in London. He finished behind a YouTube star whose most interesting policy was to freeze the Thames to create an ice rink.

The beat goes on. Someone at Sheffield University says Darwin justified white supremacy. A school has reported its own chaplain to an anti-terror unit. And among the stories on the BBC website, at the time of writing, is a 23-year-old girl who has come out as asexual.How many elections must the Left lose how many viewers, how many readers? before the penny drops that many people find all this irrelevant? Or that when they vote Tory, its not because they dont care about standards in public life, but that they cant see the scandal in this instance?

And far from being a bunch of little Hitlers, they are drawn to a Tory party that has cleverly occupied the centre ground of cultural feeling, a centre ground, incidentally, that is much more liberal than it oncewas. Just not completely bonkers.

But is the Left still winning the war? The Conservatives, once the party of hunting, will this week relaunch as the party of pet welfare, completing their trot from Chipping Norton to Uxbridge, and they couldnt have broken into the Red Wall seats without dumping austerity for big spending. Central banks and governments across the world will continue to print money while keeping interest rates low.

Last week, incumbents did well as voters rewarded them for the vaccine rollout, yes, but probably for the lockdown and furlough, too. There has been hardly any popular resistance to the most shocking assaults on our civil liberties, let alone a mainstream anti-lockdown movement like there is in America. An early rival for Trumps Republican nomination is Ron DeSantis, the Florida governor who wanted to keep schools open. Who is the British equivalent? Laurence Fox, and look how he did (sorry to rub it in).

Im not totally against this as Im not a libertarian and I think there are things a strong government should do to help their citizens, but theres irony in it being Boris Johnson who has transformed the Tories into a social democratic force. He once said that his favourite character in Jaws was the mayor. Why? Because he kept the beach open. Now the Tories are like Chief Brody, obsessively scanning the shoreline for fins. Will they ever let us go back in the water again?

Me, I was always pro-shark. I have one at home: my pups teeth are coming through. A fang fell out the other night and he was rushed to the sofa for an emergency cuddle. This Wednesday he goes to doggy daycare for the first time. I have to pack a lunch. They grow up so fast! Yet, strangely, they never ever learn to take themselves for a walk. What are they teaching them in schools nowadays?

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Nine announces The Big Ideas Store panels and lineups for 2021 – Mediaweek

Posted: at 10:45 pm

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The Big Ideas Store is now open for its fourth event asPowered by Nine takes attendees sky high with two-weeks of high-profile speakers, creative workshops, exclusive research, and a retail pop-up taking over the 22nd floor of Nines new HQ in North Sydney.

The Big Ideas Store will showcase the way Powered Nines marketing solutions division can leverage creativity across TV, digital, print and radio, and bring guests physically closer to engage with Nines ecosystem of brands.

Running across the full two weeks is the interactive pop-up, grouped into four categories: Youth, Lifestyle, Christmas Retail and Sport, as well as a series of client and content events, sharing insights from thinkers, leaders and creative minds.

Week one will dig deep into topics such as the allure of branded long-form content; sustainability and societal impact; the power of audio, and effectiveness for senior marketers with all in-person attendees at this session receiving a copy of Powereds exclusive new book, What We Know About Advertising Effectively.

Week one of The Big Ideas Store will wrap up with the virtual-only Culture Shock event in partnership with Initiative, titled Cannabusiness, which lifts the lid on Australias medical cannabis market the fastest-growing in the world and the opportunities for brands and marketers to capitalise on this momentum.

Week two will tackle the changing Australian dream of home ownership; a world without third-party cookies; creativity and innovation in a hybrid workplace; big creative bets, and two exclusive pieces of research. The first explores the phenomenon of living local, and the second unboxes the trends in retail, food and culture for the 2021 festive season.

The second week will culminate with the Great Debate, with two teams battling it out over this question: Does advertising lead culture, or is advertising led by culture?

Register to see Powereds, director of strategy, insights & effectiveness, Toby Boon, alongside, Rachael Fraser, head of strategy at M&C Saatchi, and Roshni Hegerman, chief strategy officer at McCann go head-to-head with Powered Enterprises, Michele ONeill and Andrew Wynne, CEO of Joy.

The Big Ideas Store continues to grow year-on year and has become one of the biggest events on the calendar for marketers and agencies. Were incredibly proud to be back for the fourth year, showcasing the unique ability Powered has to help brands grab hold of big marketing moments and amplify them through incredible content, said director of Powered, Liana Dubois.

We cant wait to welcome guests back for in-person events, much needed networking and a cheeky cocktail and canape, after Covid sent us all virtual last year. However, we embrace new found flexibilities and so for the first time we are offering The Big Ideas Store as a hybrid event, including virtual options so even more people can benefit from our big thinkers, big ideas, and tackle the big issues challenging marketers right now.

Register for The Big Ideas Store here.

The Big Ideas Store sessions and contributors

Branded Content Strategy: The Allure Of Longform Tuesday 11 May, 3:30pm

Long-form storytelling is once again emerging as a key element in many brands content strategy. But who is best-placed to bring that content to life the marketers who live and breathe their brand and its message, or the media owners who create content with the audience front-of-mind?

Advertisers, agencies and content creators come together with Powered by Nine to discuss the impact of long-form content and how it can best deliver for brands and audiences.

Panellists

Sarah Stewart, director of content partnerships and client experience, Powered Hamish Turner, program director, 9Network Zara Curtis, director of content, IAG Liana Dubois, director of Powered by Nine

Effectiveness The Language Of The Boardroom Wednesday 12 May, 3:30pm

How do senior marketers build internal trust to pursue brand growth whilst delivering against short-term goals? What is the best approach for bringing together audience data, sales results and measurement when looking back at past campaigns and planning for the future?

Join Powereds director of effectiveness, Jon Fox, and director of Powered Enterprise, Nicki Kenyon, with a panel of Australias leading marketers to discuss their Effectiveness journey.

Panellists

Jonathan Fox, director of effectiveness, Powered Nicki Kenyon, director, Powered Enterprise Henry Turgoose, marketing director, Reckitt Health Phil Springall, sales & marketing director Retail, Karcher

The New Commercial Imperative: Doing Well + Doing Good Thursday 13 May, 11:00am

The pandemic has given many companies the opportunity to reset and rebuild aspects of their businesses on stronger foundations for the future. Those taking the lead are defining and measuring their sustainability and societal impact. Beyond doing no harm, they are actively setting out to do good. Is there a rise in conscious consumption and are we holding companies and brands to account?

Director of Powered Enterprise, Michele ONeill will lead an international panel of leading marketers to discuss why doing the right thing matters for all stakeholders; investors, employees, consumers and communities and why it has become a commercial imperative.

Panellists

Michele ONeill, director, Powered Enterprise Rupen Desai, Global CMO, Dole Packaged Foods Kimberlee Wells, CEO, TBWASimon Lowden, chief transformation officer, Arnotts Lisa Davies, editor, The Sydney Morning Herald

Surround Sound: The Audio Evolution Thursday 13 May, 3:30pm

In 2020, Australian audiences doubled the amount of time they spent listening to podcasts. Talk radio continues to win ratings battles, and the emergence of new social channels like Clubhouse signal that we are entering a new era in the evolution of audio.

What is it about audio that connects so deeply with audiences in the 21st century, and how can the platform continue to innovate? A panel of audio evangelists will debate the latest developments in the space, as well as exploring why audio formats are such powerful vehicles for brands to reach consumers and drive real results.

Panellists

Sophie Cook, head of content partnerships Radio, Powered Russel Howcroft, 3AW Breakfast host Helen McCabe, founder, Future Women

Culture Shock: Cannabusiness Friday 14 May, 10:30am (virtual only)

In partnership with Initiative, this session explores the rising cultural (re)acceptance of cannabis and how brands are leveraging this wave to power business growth.

For the last century, the communications around cannabis have been centred on its destructive effects. With a largely negative reputation, cannabis has been attributed to unemployment, violence, and a gateway to the consumption of more illicit and harmful substances. In a way, its a lesson in marketing 101: apply a consistent message for a long period of time and in turn you will build up the desired memory structures. However, there is an undercurrent of change thats closer to our shores than you may think. Australia is now the fastest growing medicinal cannabis market in the world and decriminalisation is building momentum. With the regulatory landscape moving at pace and multi-billion-dollar acquisitions taking place across the world, cannabis is one of the fastest growing industries globallyand its a matter of time before it comes Down Under.

So, the real question is, for a commodity that has a lifetime of preconceptions, misconceptions, and demonisation, how do you set up or study up to ensure youre either leading the charge or leveraging this cultural movement?

Panellists

Sam Greer, national managing director, Initiative Martin Lane, co-founder and chief growth officer, Cannabiz Natasha Gillezeau, journalist, The Australian Financial Review

The Changing Australian Dream Monday 17 May, 11:00am

In 2018, Powered by Nine launched The Australian Dream Reimagined, a study exploring what home means for Australians homeowners and renters alike. Three years on, for many of us our homes have become even more central to our lives: our workplace, school, and place of safety. What does that mean for how and where we choose to live? How do different generations feel about investing in property? And is it time to accept that for some, home ownership is a dream that will never come true?

Join Nines panel of experts as they explore the trends driving property in 2021 and look ahead to what they mean for the next ten years.

Panellists

Lisa Day, partnerships director, Nine James Hennessy, editor, Business Insider Nicola Powell, Senior Research Analyst, Domain Brooke Corte, host, Money News, Nine Radio

Cookies Crumbled: Data And Advertising Beyond Third Party Cookies Monday 17 May, 3:30pm

With major changes to data and privacy regulations on the horizon, advertisers are facing targeting and measurement headwinds which they have never had to navigate before. Join Powered by Nine as they uncover what the new world will look like without third party cookies, the impact for brands and explore data-led advertising solutions that will be available when third party cookies cease being supported.

Hosted by Mi3s Paul McIntyre, this session will bring together Nines director of advertising and data products, Ben Campbell, with a panel of experts across Australias leading data and technology providers.

Panellists

Ben Campbell, director of advertising and data products, Nine Gabbi Stubbs, APAC product marketing lead, Adobe James Young, managing director, Magnite Jonas Jaanimagi, technology lead, iAB Paul McIntyre, executive editor, Mi3 Culture Club: Tuesday 18 May, 10:30am

Marketing and advertising businesses have always thrived on a creative culture and passionate workforce. Collaboration and big ideas came off the back of brainstorms, impromptu or planned, and careers were built from networks made in those formative years. Then along came Covid and the impromptu kitchen table workforce: one defined by Zoom calls, sweatpants and flexible work. As a new normal descends, there is a reluctance to return to the before in order to not lose the new wins. But will it cost in the creativity, careers and office culture stakes?

In this session, Nines experts, along with CEO of Culture Garden Karl Treacher, discuss how to navigate a hybrid workforce and incorporate the lessons of COVID while continuing to innovate, create and move forward.

The panel discuss these questions and more as they explore what the future of work could look like.

Panellists

Anna Quinn, general manager, Powered Studios Karl Treacher, CEO, Culture Garden Matt Rowley, chief executive officer, Pedestrian Group Janine Allis, founder, Boost Juice

Neighbourhood Watch: Is Local The New Global? Tuesday 18 May, 3.30pm

From the noisy clash of State of Origin to fiery debates over whose local caf serves the best flat white, the ties between community and Australian identity run deep. For some time now, unifying moments of disruption such as the 2019 bushfires and 2020s pandemic have accelerated the hold that local identity has on our culture. More than ever before, we have adapted to living local, we have travelled closer to home, and our inclination to support brands and businesses that align to community values has increased significantly.

In partnership with Fiftyfive5, Powered by Nine has explored this phenomenon and what it means for brands. In this session Nine will share their latest research and explore its implications for advertisers both homegrown brands taking ownership of their role within the community and international brands seeking to harness some Aussie magic to connect with audiences.

Panellists

Toby Boon, director strategy, insight and effectiveness, Powered by Nine Hannah Krijnen, director, Fiftyfive5 Susan Wheeldon, country manager, Airbnb Stuart Gregor, co-founder & trade director, Four Pillars Gin Placing Big Creative Bets Wednesday 19 May, 3:30pm

For brands trying to navigate testing times and a disruptive environment, it can be tempting to play it safe. Just how tempting became apparent in early 2020 when, faced with the uncertainty of the pandemic and production restrictions, numerous advertisers went to market with similar messaging, musical cues and imagery much of which did little to help them communicate their distinct objectives and values.

There is, however, evidence to suggest that those brands who were prepared to take risks and innovate have emerged from the Covid era in a stronger position. As Nine prepares to celebrate creativity with the launch of State of Originality Australias richest creative prize, worth $1 million the panel will look back on the brands and campaigns that delivered, and explore the power of placing creative bets.

Panellists

Liana Dubois, director of Powered by Nine Tara Ford, chief creative officer, The Monkeys Ant White, chief creative officer, Howatson+White Chris Howatson, CEO, Howatson+White Melissa Hopkins, CMO, Optus

Unboxing Christmas 2021 Thursday 20 May, 11:30am (followed by lunch)

Last year, in partnership with The Lab, Powered by Nine launched Unboxing a Christmas like no other the research looking back at Christmas 2019 and forward to an unpredictable Christmas 2020. This study helped brands and agencies to navigate the unchartered waters of a Covid Christmas and the broader impact on the Australian summer.

Building on this foundation, Unboxing Christmas 2021 will look ahead to the trends in retail, food and culture which will influence our purchasing decisions during the festive season. Powered will also reflect on the dominant marketing messages of last year, revealing the advertising approaches which delivered the most effective results for brands.

Panellists

Toby Boon, director strategy, insight and effectiveness, Powered by Nine Bec Brody, strategy director, The Lab Jane De Graaff, food editor, nine.com.au and Today Genevieve Quigley, associate editor, Sunday Life

The Great Debate Does Advertising Lead Culture, Or Is Advertising Led By Culture? Thursday 20 May, 4:30pm

Great advertising can open our eyes to new products, new categories and new ways of living. Catchphrases and taglines become so embedded in everyday conversations that we sometimes forget where they came from. But does advertising really hold sway over our culture, or is it cynically raiding the zeitgeist and exploiting the human experience for commercial ends?

In 2021, The Big Ideas Stores Great Debate returns this year bigger than ever. Join as industry heavyweights battle it out to determine once and for all whether the dog wags the tail, or the tail wags the dog.

Adjudicator

Tim Burrowes, editor-at-large, Mumbrella

Debaters

Toby Boon, director of strategy, Insights & Effectiveness, Nine Rachel Fraser, head of strategy, M+C Saatchi Roshni Hegerman, chief strategy officer, McCann Michele ONeill, director, Powered Enterprise Andrew Wynne, CEO, Joy

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The strange history of therapeutic hypothermia – Medical News Today

Posted: at 10:45 pm

The history of medicine is filled with accounts of strange and often downright dangerous treatments, but these have sometimes opened the way for lifesaving discoveries. In this Curiosities of Medical History feature, we look at the unusual practice of exposing the body to cold temperatures for therapeutic purposes: therapeutic hypothermia.

The term hypothermia appears to have first emerged in English-language texts in the late 19th century. It comes from the ancient Greek word for hot or warm therms to which the Greek-derived prefix hypo-, meaning under, is added.

Nowadays, hypothermia is classed as a severe condition in which the body is unable to maintain its normal heat, and body temperature drops dangerously. Severe hypothermia can result in heart failure and death.

This dangerous medical condition has been understood as such for centuries, yet there is also another side to the history of hypothermia.

Therapeutic hypothermia the cooling of the body for therapeutic purposes is a medical practice that has been around, in one form or another, since ancient times.

Some of its uses have been controversial at best, but it has also given rise to legitimate modern-day treatments. In this Special Feature, we briefly outline the complex history of therapeutic hypothermia.

To understand more about the curious history of therapeutic hypothermia and the continued appeal of exposure to low temperature for medical purposes, we also spoke to Dr. Phil Jaekl, neuroscientist and science writer, whose upcoming book, Out Cold: A Chilling Descent into the Macabre, Controversial, Lifesaving History of Hypothermia, discusses these topics at length.

Therapeutic hypothermia seems to have been practiced for over 5,000 years. Its first known mention was in the Edwin Smith Papyrus, a medical treatise outlining treatments for various injuries and ailments, a text that may date back to around 3,500 B.C.E.

The earliest written records of using cold were discovered in ancient Egyptian texts, Dr. Jaekl told Medical News Today. Some experts think these texts are the first recordings of medical teachings from Imhotep, a polymath and advisor to the pharaoh Zoser. They suggest using local cold applications to treat skin irritations, likely for [enslaved people] or in military situations.

For an abscess with prominent head on the breast, the papyrus prescribes cool applications, which in this case were ointments with cooling effects, made of ingredients such as fruit, masons mortar, and water.

According to Dr. Jaekl, [t]hese texts are significant because they are some of the first to advocate systematic medical procedures rather than incantations or prayers, which were common at that time. The Edwin Smith Papyrus is possibly one of the first medical textbooks laying out case studies of physical ailments and indicating dedicated treatments.

Some of the better known forefathers of medical science also wrote about cold temperatures and their dangers and therapeutic potential. The next big advancement for using cold therapeutically didnt happen until over 1,000 years had passed, when cold was incorporated into the humorist system of medicine, Dr. Jaekl noted.

This system posited that in the human body, there circulate four humors, or liquids, which, when out of balance, would cause any number of diseases. To restore health, a physician would have to diagnose and address the humoral imbalance.

These humors, most often listed as black bile, yellow bile, phlegm, and blood, were either hot or cold, wet or dry, thus causing corresponding afflictions. Fever, as a hot disease, would have required exposure to an opposite element as a treatment.

Ancient Greek physician Hippocrates (c. 460370 B.C.E.) spoke of the dangers of exposure to cold at some length in his treatises. He pointed out that cold causes fits, tetanus, gangrene, and feverish shivering fits [and it] is bad for the bones, teeth, nerves, brain, and the spinal cord.

Yet he also recognized the therapeutic potential of cooling elements, as he prescribed using snow and ice to stop bleeding, and drinking cold water to bring down fever.

Galen (129c. 210 C.E.), who was significantly influenced by Hippocrates, is credited with the invention of cold cream, which he prescribed not for skin care or the removal of makeup, as it later came to be used, but for cooling purposes in a medicinal context.

His cold cream may have been a mixture of olive oil, water, and beeswax.

[The use of cold] was advocated by the pioneering Greek physicians Hippocrates and Galen to help balance bodily humors. In fact, Galen is known to have invented cold cream, which is still popular today, although he advocated it for treating fever rather than as a moisturizer.

Dr. Phil Jaekl

The method of cooling the body as a therapeutic intervention further expanded in the 17th century, when physicians such as John Floyer (16491734) started experimenting more widely with the use of hot and cold water in medicine.

In his treatise, An Enquiry into the Right Use and Abuses of the Hot, Cold, and Temperate Baths in England (1697), Floyer wrote at some length about the hygiene and medicinal benefits of cold water baths.

In the hot Air of Summer, our Bodies are of less Strength; therefore in Summer it is necessary to concenter our Strength and Spirits by Cold bathing, Floyer wrote, later adding:

I do not persuade my Reader to change those Errors of living, without having first done so my self; for by leaving off strong Liquors, and all hot Diet, Teas, Coffee, &c. and by Water-drinking, and bathing at Buxton [a historic spa town in England Ed.], I have procured to my self better Health, and more Hardiness, than I have enjoyd for many Years before.

He calls this a cold regimen.

At this time in history, Dr. Jaekl told MNT, [b]esides simply using it to cool off, a big breakthrough for cold water was actually to use it for personal hygiene, like in Bath in England [another historical spa town Ed.], for example, where people were, well, bath-ing.

Next, in the 18th century, it was used to treat fevers before it became popularized among the 19th-century European aristocracy as beneficial for aches and pains and general well-being. Around that time, spas became the in-thing, he noted.

Scottish physician William Cullen (17101790) promoted cold shower baths and sometimes cold water enemas for therapeutic purposes, which could be prescribed for a vast array of conditions.

Cullen argued that cold can act as a sedative as well as a stimulant, particularly for the blood flow, and noted that drinking cold water in moderation could help fight fevers, although he also specified that some forms of exposure to cold temperatures can induce a fever.

However, he also suggested that cold bathing could prevent contagion, as well as a flaccidity of the system in young women at a certain period of life.

In the 19th century, Austrian Vincenz Priessnitz (17991851) started a trend of cold bathing as an alternative medicine practice. One of his contemporary admirers, Charles Schieferdecker, described Priessnitzs method of treating fevers in the following manner:

The patient laboring under this fever is put, [] whilst in the state of the utmost heat and the most raging paroxysm, into a bath as cold as possible, and left therein until he is cooled to the very chattering of the teeth.

Later in the 19th and 20th centuries, however, things got worse because [cold water] was used in insane asylums to treat people with psychiatric disorders, basically by subduing them, Dr. Jaekl told MNT.

Attempts to use cold water to treat people with mental health issues were consistent until the turn of the 20th century not because they actually had therapeutic or curative value but simply because they were a means of control, he went on to say.

In the 1800s, surprise cold showers or baths were used to allegedly treat raging excitement and too strong a libido. Such procedures involved dumping a bucket of cold water onto the naked patient or dunking them into an icy bath.

In the 20th century, hot and cold showers as well as the wrapping of patients into hot or cold wet sheets had become common practice in institutions that purported to treat various mental illnesses.

Descriptions of such treatments were disturbing, and the practices themselves would now seem akin to torture. According to one nurses account, cold wrapping took place in the following manner:

[The] blankets were in a big tub with a lot of ice [] you spread them out on the floor and it was [] like wrapping a baby. [] You would put the blanket down triangularly [], [a]nd sometimes you would use as many as two or three blankets because you wanted a heavy coat on the patient [] We pinned those so the patient couldnt get out.

Medical texts from that time note that wraps were used not just to transfer the so-called therapeutic benefits of hot or cold water but as restraints that were necessary evils of maintaining order, not [] remedies aimed at curing disease.

These practices persisted for many decades, though they are now widely condemned as inhumane and traumatizing.

Spraying cold water at people with a hose or having them sit under falling cold water was a terrible experience, and even the threat of it was used to influence the behavior of not only people with mental health issues but also prisoners and even women who werent dutiful wives,' Dr. Jaekl told MNT.

It only fell out of favor when more effective and humane means, like pharmaceutical interventions, were developed, he added.

In the 21st century, however, therapeutic hypothermia has been used legitimately as a resuscitating method during critical care, particularly in the case of cardiac arrest.

Yet it has also gained some popularity as an alternative therapy. Cold water swimming, for example, is cited by some as beneficial to the health of the cardiovascular system, to insulin metabolism, for pain reduction, and even mental health, although experts also warn of health risk, including hypothermia as a medical emergency.

Presently, cold water swimming is becoming repopularized for a number of medical benefits, if done carefully, Dr. Jaekl noticed.

More intriguing and also more controversial is, he explains, cryotherapy, which is the practice of standing naked for 35 minutes in a tank of subzero temperatures. The alleged benefits of this alternative therapy range from stimulating weight loss and reducing inflammation to preventing depression, dementia, and even cancer.

Dr. Jaekl, who lives in Scandinavia, questioned its benefits, though he suggested that both this practice and that of cold water swimming can be appealing simply for the excitement they provide:

Cryotherapy sitting in a chill tank for a few minutes seems like a trend that has yet to prove itself. People are curious. Id be excited to try it out. Where I live, though, in the Norwegian arctic, daring people simply go for a dip in the ocean [is the ruling trend]! Its a tradition, and Ive heard it gets a lot easier the more you do it.

Going forward, he noted, the uses of freezing cold are straddling the borders of science fiction and medical advancement. Freezing the human brain at the moment of death so as to preserve a persons personality, knowledge, and essential self is something that some scientists have been researching assiduously.

[T]here are way more intense forms of cryotherapy. Cryonics, for example. Humans are obsessed with immortality. Being cryopreserved involves more than being dumped in a vat of liquid nitrogen after death and then hoping for some distant future magic, Dr. Jaekl told us.

He added that cryonics is a very complex process, involving continuously evolving medical and technical advancements, suggesting that [d]evelopments in computing and nanotechnology, for example, give people [] a glimmer of hope in terms of being revived after being frozen and preserved.

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NRA Bankruptcy Case Denied, Allowing New York Dissolution Case To Move Forward – NPR

Posted: at 10:44 pm

National Rifle Association CEO Wayne LaPierre at the group's annual meeting in Dallas in May 2018. A secretive figure, LaPierre makes few public appearances outside of carefully scripted speeches. Daniel Acker/Bloomberg via Getty Images hide caption

National Rifle Association CEO Wayne LaPierre at the group's annual meeting in Dallas in May 2018. A secretive figure, LaPierre makes few public appearances outside of carefully scripted speeches.

Updated at 6:43 pm ET

A federal bankruptcy judge dismissed an effort by the National Rifle Association to declare bankruptcy on Tuesday, ruling that the gun rights group had not filed the case in good faith.

The ruling slams the door on the NRA's attempt to use bankruptcy laws to evade New York officials seeking to dissolve the organization. In his decision, the federal judge said that "using this bankruptcy case to address a regulatory enforcement problem" was not a permitted use of bankruptcy.

The bankruptcy trial had paused other legal challenges the NRA had been facing, but this decision returns the group to its confrontation with the New York attorney general, who is seeking to shut it down over alleged "fraud and abuse."

"The @NRA does not get to dictate if and where it will answer for its actions, and our case will continue in New York court," New York Attorney General Letitia James said in a tweet after the ruling. "We sued the NRA to put an end to its fraud and abuse, and now we will continue our work to hold the organization accountable."

During the trial, the NRA said it had enough money to pay its creditors. Instead, it declared bankruptcy for a tactical reason: to avoid the reach of the New York attorney general. Last year, the attorney general sought a court's approval to dissolve the NRA, alleging a wide variety of financial misconduct, chiefly by the NRA's top executive: CEO Wayne LaPierre.

In response to the judge's dismissal, the NRA said that it had taken steps to improve internal financial controls and would continue to pursue its gun rights mission.

"Although we are disappointed in some aspects of the decision, there is no change in the overall direction of our Association, its programs, or its Second Amendment advocacy," LaPierre said in a statement. "We remain an independent organization that can chart its own course... The NRA will keep fighting, as we've done for 150 years."

The NRA had argued during the case it was being persecuted for its political views. The group asked a federal bankruptcy judge to halt its other legal cases and allow it to reorganize in Texas, where it might be out of the reach of New York's attorney general.

"In the parlance of bankruptcy, we have a predatory lender who is seeking to foreclose on our assets," argued Greg Garman, an attorney representing the NRA.

But the monthlong trial had the side effect of putting into the public record details of personal spending by senior NRA officials. It also painted the picture of an organization in crisis, with some of the sharpest criticism coming from current or former organization insiders.

Testimony included examples of the nonprofit organization's tax-exempt funds being used for wedding expenses, private jet travel and exotic getaways. For example, LaPierre's private travel consultant, who was paid $26,000 a month to cater to him personally, testified about how LaPierre instructed her to alter travel invoices for private jets so as to hide their true destinations.

The trial also gave a rare look into the behavior of LaPierre, who has led the controversial organization for almost 30 years. A secretive figure, LaPierre makes few public appearances outside of carefully scripted speeches.

During questioning, he admitted to annual trips to the Bahamas, where he would stay on a luxury yacht belonging to an NRA vendor a conflict of interest he did not disclose at the time, which testimony and court proceedings showed was in contravention of NRA policy. Instead, he justified the Caribbean trips to the court as a "security retreat" that was necessary for his safety and that of his family members.

LaPierre appeared to irritate the judge overseeing the case repeatedly by rambling on, talking about his privileged conversations with his attorneys and not directly answering questions.

"I'm about to say something I've said for a day and a half now. Can you answer the questions that are asked?" the judge asked LaPierre at one point. "Do you understand that I've said that to you more than a dozen times over the last day?"

"Yes, sir, your honor. I'm sorry, I'm I'm doing my best," LaPierre responded.

The NRA claims it is financially sound, but investigations and litigation have hampered the group. Information provided during the trial indicated that in a span of less than three years, the organization had spent $72 million on its primary law firm alone. For context, the group took in $291 million in revenue in 2019, the most recent year for which there are public records available.

Since 2019, when infighting among NRA officials burst into public view with the dramatic resignation of its then-President Oliver North, the NRA has careened from crisis to crisis. A number of NRA board members have resigned in protest as tales of alleged executive misconduct have surfaced. The NRA severed its relationship with its key advertising firm, Ackerman McQueen, leading to costly lawsuits and the airing of yet more dirty laundry.

With the bankruptcy case dismissed, the NRA now returns to its prior state of vulnerability: fighting for its survival against a New York attorney general who seeks to shut the whole organization down.

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Hertz sees signs of turnaround as it approaches exit from bankruptcy – News-Press

Posted: at 10:44 pm

Hertz, whose car-rental bands also include Dollar and Thrifty, lost almost all their revenue when travel shut down due to the coronavirus this year. Wochit

Hertz saw its business strengthen in the first quarter, as it put the gas pedal on efforts to exit bankruptcy.

On Friday, Estero-based Hertz Global Holdings parent of The HertzCorp. reported quarterly profits of $190 million, or $1.21 a diluted share.

That compared to losses of $356 million, or $2.50 a share, a year ago.

Adjusting for one-time expenses and gains, Hertz said it lost $52 million, or 33 cents a share.

Revenues totaled nearly $1.3 billion in the quarter ending March 31. That was down from but much closer to the $1.9 billion Hertz reported forthe same monthslast year whenthe financial blow from thepandemic hadonly justbegun to show up on its bottom line.

For comparison, the company had revenue of $2.1 billion in the first quarter of 2019.

Latest: Hertz deems competing bid for its reorganization plan 'superior'

In case you missed it: Judge makes milestone decisions in Hertz's bankruptcy case

Previously: Hertz switches gears, chooses new sponsors to emerge from bankruptcy in June

An aerial view of Hertz's global headquarters in Estero.(Photo: USA TODAY NETWORK - FLORIDA FILE PHOTO/Dorothy Edwards)

Hertz hasimproved upon its financial results from last year by cutting costs, so that they're better aligned with demand.

Over the past few months, Hertz's business has also improved markedly, as more Americans get vaccinated, making them more comfortable with travel, at least within the United States.

"This quarter we realized the first effects of the leisure travel rebound and capitalized on strong demand-driven pricing in destination markets that exceeded 2019 levels," saidPaul Stone,HertzGlobal's president and CEO, in a statement. "We're continuing to see improved demand and are optimistic about a sustained recovery."

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With that optimism, Hertz is working aggressively to replenish its fleet, "despite the constraints of the global semiconductor shortage and its impact on the automotive supply chain," Stone said.

"Most importantly, I'm exceptionally proud of our employees who are working tirelessly to serve our customers as they're ready to be on the road again," he said.

Hertzunloaded almost 200,000 carslast year as part of its bankruptcy deal with creditors.

In late March, the company completed the sale of its Donlen vehicle leasing and fleet management business to Athene Holding Ltd. for$891 millionin cash, putting it on a stronger financial footing to emerge from bankruptcy next month.

The company, Stone said, is "making great progress towards concluding the bankruptcy process" by June 31.

"We remain on track to emerge in June and are poised to do so with more efficient operations and a stronger balance sheet for the future," he said.

Need a rental car?You're not alone. Shortage starts to hit home, and everywhere else

Paul Stone, CEO of Hertz(Photo: Courtesy Hertz Global Holdings)

On Monday, Hertz held a closed-door auction to choose the best financial sponsors for its reorganization plan after a bidding war broke out for ownership of the new company a few weeks ago.

Two groups have been aggressively competing to fund the exit plan since mid-April.

Hertz had not yet announced the results from the auction by the newspaper's deadline Monday.

Last week, Stone said in a news release that he anticipates the exit plan will "deliver a robust recovery for creditors and shareholders" alike,no matter who backs it.

More than a month ago, Hertz's directors determineda trio of companies Centerbridge Partners L.P., Warburg Pincus LLC and Dundon Capital Partners LLC hadthe "highest and best" financial proposal, selecting it as the equity sponsorfor its reorganization plan.

Then came a competing offer at the 11th hour, just as Hertzsought court approval to move ahead with its chosen sponsors.

A customer looks to rent a car at Hertz.(Photo: The News-Press / file)

Hertz conducted another round of bidding to givethe alternativegroup what it described as a "full and fair opportunity to present their best proposal."

As a result, theunderdog a group made up of Knighthead Capital Management LLC, Certares Opportunities LLC and Apollo Capital ManagementLP emerged with a "superior" proposal.

Hertz confirmed itreceived the revised offer last Tuesday, then announced Wednesday that it "constitutes a superior proposal" to the one put forward by its chosen plan sponsors.

The current plan sponsorsnotified Hertz that they wanted to make a counteroffer, triggering the court-approved auction.

Hertz held the auction ina"virtual room," under the supervision of its attorneys.

The companyoriginally announced the competinggroupKnighthead Capital Management and Certares Opportunities LLC as itspotential equity sponsors. The group lost its strongholdafter its successors stepped forward with a more favorable plan in the eyes of Hertz and its creditors.

Hertz hasn't publicly shared any of the details of the competing plans, but some information has leaked out to the national news media.

Bloomberg reported that the competing plan Hertz deemed as superior last week "aims to fund the exit through a direct common stock investment of $2.9 billion, preferred stock worth $1.5 billion and a $1.36 billion rights offering."

Hertz is in a hurry to get out of bankruptcy, with a court hearing scheduled for May 14 for the judge toapprove its plan sponsors.

By the third quarter, Hertz anticipatesthe demand for its cars to be much stronger, as itusually surgeswith travelers seeking summergetaways, so it wants to be ready for that business.

The sooner Hertz can speed its way out ofbankruptcy the better because it's so costly and the company desperately needs cashto rebuild its fleet and remain competitive.

The lobby of the Hertz global headquarters in Estero.(Photo: The News-Press file photo)

Hertz fell into bankruptcy last May, a little more than two months after COVID-19 became a global pandemic, bringing the tourism and travel industry to a virtual halt.

Catch up: Hertz bankruptcy could leave potholes in Southwest Florida economy

At the time of its Chapter 11 filings, the company had racked upnearly $20 billion in debt.

In addition to its namesake brand, Hertz operates the DollarandThriftycar rental services.

In May 2013,Hertzannounced the relocation of its global headquarters from New Jersey to Estero,following the acquisition of the Dollar Thrifty Automotive Group.

The new multimillion-dollar headquarters opened in 2015.

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Litigation Funding for Bankruptcy Litigation Gets a Boost from Recent Appellate Decisions – JD Supra

Posted: at 10:44 pm

Litigation funding has becoming increasingly common for general litigation matters, although its validity will still depend upon applicable state law. See generally Robert Miller, J.D., Annotation, Enforcement and Funding of Litigation Funding Agreements,72 ALR 6th 385 (2012). According to a recent posting by CNBC, there are roughly 40 entities involved in U.S. commercial litigation financing, with assets under management of $9.5 billion. Its increasing presence, however, has not yet carried into the bankruptcy arena, but two recent U.S. District Court decisions, on appeal from the rulings of two different bankruptcy courts, may change the legal landscape for this type of arrangement in bankruptcy cases.

Litigation funding refers to an arrangement whereby a lender provides funds to a plaintiff in planned or pending litigation, or to the plaintiff's attorney, in exchange for the right to receive an amount out of the proceeds of any realized settlement, judgment, award, or verdict that may be received in the civil lawsuit. In bankruptcy cases, common plaintiffs include the trustee, a debtor in possession or a creditors committee.

In Dean v. Seidel, Civil Action No. 3:20-CV-01834-X, 2021 WL 1541550 (N.D. Tex. Apr. 20, 2021), the United States District Court for the Northern District of Texas affirmed the bankruptcy courts approval of a litigation funding agreement under which a creditor of the bankruptcy estate agreed to advance up to $200,000 to the chapter 7 trustee for litigation fees to prosecute claims against third parties. Id. at *1. The agreement further provided that all recoveries from these claims would be used first to pay the trustees statutory commission and allowed expenses, second, to reimburse the advancing creditor, third, to pay it a 30% investment return, and finally, to distribute the balance to creditors.

The agreement in Seidel was challenged by the debtor as violating the priority scheme of section 507 of the Bankruptcy Code because it would allow one creditor to receive a disproportionate share of the litigation recoveries as compared to other similarly situated creditors and also as violating section 550 of the Bankruptcy Code on the theory that litigation recoveries must be for the benefit of the estate. Id. at *1. The district court did not consider those challenges persuasive, and in upholding the agreement, found it important that the trustee attempted but was unable to negotiate a contingency fee arrangement with attorneys who were approached about taking the case. Id. at *2.

Interestingly, the bankruptcy court had approved the arrangement as a term of retention of special counsel under sections 327 and 328 of the Bankruptcy Code, but remarked that it was a bit like a section 363 or 364 transaction. Id. The grounds for approval were not disturbed on appeal. Although the district court had some reservations about the litigation funding agreement, due to what it termed legitimate ethical concerns, and the lack of any supporting caselaw, it affirmed because it was not left with the definite and firm conviction that a mistake had been made, id., which is the clearly erroneous standard of review on appeal.

The approval of a litigation funding agreement in another bankruptcy case recently withstood challenge on appeal to a district court, but on standing grounds. In Valley National Bank v. Warren, Case No. 8:20-cv-1777-KKM, 2021 WL 1597960 (M.D. Fla. Apr. 23, 2021), the liquidating trustee in a chapter 11 case sought approval of a litigation funding agreement with a third-party whereby it would finance the fees and expense of litigating an adversary proceeding against Valley National Bank for aiding and abetting breach of fiduciary duty and for the avoidance and recovery of $3 million in fraudulent transfers. Based on a review of the proceedings, the funding agreement provided that the funder would pay the monthly fees and expenses of the liquidating trustees professionals and that from any litigation recovery, would first be reimbursed for those payments and then receive 85% of the recovery. The funder was also granted a first priority lien and security interest in the cause of action and other collateral.

The bankruptcy court approved the agreement as a financing under section 364 of the Bankruptcy Code, over the banks objection that the funders financial interests would impair the good faith efforts of the liquidating trustee in negotiating a settlement with the bank. Id. at *2. On appeal, the United States District Court for the Middle District of Florida held that the bank lacked Article III standing to appeal, as well appellate standing under the person aggrieved standard for bankruptcy appeals. Id. at *3-6. Essentially, the district court held that the bank could not establish a concrete injury that was not speculative or remote for Article III standing, and that the bank was not aggrieved because it was not directly and pecuniarily affected by the approval.

There have been other bankruptcy decisions that have approved of litigation funding arrangements on their merits, but not as a form of financing under 364 of the Bankruptcy Code. In Realan Investment Partners, LLLP v. Meininger (In re Land Resource, LLC), 505 B.R. 571 (M.D. Fla. 2014), the chapter 7 trustee entered into a litigation funding agreement with a surety that had issued bonds for the debtors benefit prior to the bankruptcy filings. Under the agreement, the surety agreed to fund up to $750,000 for the fees and costs of certain fraudulent transfer litigation brought by the chapter 7 trustee and, in exchange, was to receive a sliding scale percentage of the recovery proceeds after reimbursement of the amount funded. Id. at 576. The percentages started at 80% of the net recovery up $1 million and gradually declined to 35% of any net recovery in excess of $3 million. Id. The agreement was approved by the bankruptcy court as a settlement under Fed. R. Bankr. P. 9019, over the objection of the defendants in the fraudulent transfer action, and its approval was affirmed on appeal on that basis. Id. at 587.

In affirming the bankruptcy court, the district court found most important the testimony of the chapter 7 trustees counsel that the litigation could not continue without the funding, while adding its recognition that the real reason for the objection and appeal by the defendants was for them to be free of the litigation. Id. at 587. The district court also rejected arguments that the agreement should have been reviewed under the standard for a sale of assets under 363 of the Bankruptcy Code or as a financing under 364 of the Bankruptcy Code.

In In re Ashford Hotels, Ltd., 226 B.R. 797, appeal dismissed 235 B.R. 734 (S.D.N.Y. 1999), the bankruptcy court approved a litigation funding agreement between a chapter 7 trustee and Allied Irish Bank (AIB), a major creditor of the estate, whereby AIB would pay $25,000 toward administrative expenses of the estate and fund the fees necessary for the trustee to defend an action against the debtor which sought to nullify an indemnity agreement in its favor. Id. at 800-01. The indemnity agreement, if enforceable, would require the indemnitors to pay AIBs outstanding loan to the debtor, and would allow for a successful recovery on the indemnity in a related action before Englands High Court. Id. In the event of a recovery, AIB would remit to the trustee the lesser of $500,000 or five percent of the net recovery. Id. at 801.

The agreement was presented, analyzed and approved as a settlement under Fed. R. Bankr. P. 9019, which, at bottom, requires approval if the settlement does not fall below the lowest point in the range of reasonableness. Id. at 804. The bankruptcy court had no trouble finding that the agreement met that standard, even though the parties who sought recission of the indemnity agreement offered $50,000 to the estate to drop the litigations defense. The court reasoned that it was the trustees decision that was being reviewed and that it met the standard for approval of a settlement under Rule 9019 particularly since it allowed for a potential future recovery of additional monies for the estate, whereas the indemnitors offer close[d] the door to future recoveries. Id. at 804.

The decision in In re 8 West 58th Street Hospitality, LLC Case No. 14-11524, 2017 WL 3575856 (Bankr. S.D.N.Y. Aug. 4, 2017) involved an unusual arrangement whereby the landlord of the chapter 11 debtors place of business agreed to fund litigation against a party that had defaulted on its obligations to take an assignment of the debtors under-market lease of the premises, which had been approved by the court on the debtors motion for assumption and assignment of the lease. Under the agreement, if the action against the assignee for surrender of the lease was successful, the landlord would buy the lease from the debtor for $1,250,000, and if the action was unsuccessful, the debtor and its principals would assign their claims against the assignee of the lease, which included a contempt proceeding, to the landlord for $1 million. Id. at *2.

The court approved the agreement as a transaction outside the ordinary course of business under section 363(b) of the Bankruptcy Code, which employs a business judgment standard, id. at *3, after it was clarified that the landlord would not have veto power over any settlement or other disposition of the litigation. Id. at *5. The court also rejected the argument that the agreement should be analyzed as a financing transaction under section 364 of the Bankruptcy Code, citing Ashford, as well as the argument that receiving fees from a third party would present a conflict for debtors counsel. Id. at *6-7.

As can be seen, litigation funding agreements for bankruptcy litigation have not received uniform analysis in bankruptcy cases, but they have been approved on various grounds. Given the more limited resources that are commonly found in bankruptcy cases, and as bankruptcy decisions approving these types of agreements become more widely known, it can be reasonably expected that they will be used more frequently as the litigation funding business continues to expand.

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Former Biglaw Attorney Headed To Prison For Bankruptcy Fraud – Above the Law

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Former Simpson Thacher attorney turned founder of the $1 billion Marble Ridge Capital LP fund, Daniel Kamensky, was sentenced to time in prison after pleading guilty to bankruptcy fraud. U.S. District Judge Denise L. Cote gave him a six-month sentence after Kamensky admitted to pressuring Jefferies Financial Group to not place bids for assets being sold by Neiman Marcus in insolvency proceedings.

As reported by Law360, Judge Cote said Kamensky was a good man but his behavior was deeply disturbing. In sentencing, she also pointed to Kamenskys attempt at covering up his actions:

The judge also credited Kamenskys explanation that his conduct in pressuring Jefferies not to bid for the retailers MyTheresa e-commerce assets and later asking for his contacts there to lie was a panic move.

He came undone. He tried to control what he could not control and in doing so he betrayed his profession, the judge said. He tried to get another person to lie for him. He tried to obstruct justice.

Kamensky apologized to the court and his family for his behavior:

There is no excuse for my behavior and I am deeply regretful and embarrassed for my conduct, he said. I was aware other bidders were going to come in. Whatever triggered my reaction, I will never know. It doesnt excuse my conduct what I did was wrong.

Kamensky will surrender to custody by June 18th.

Kathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email herwith any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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The top 10 audiobooks on Audible.com – Associated Press

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Nonfiction

1. What Happened to You? by Oprah Winfrey and Bruce D. Perry, narrated by the authors (Macmillan Audio)

2. The Premonition by Michael Lewis, performed by Adenrele Ojo (Audible Studios)

3. Greenlights by Matthew McConaughey, narrated by the author (Random House Audio)

4. Killing the Mob by Bill OReilly and Martin Dugard, narrated by Robert Petkoff (Macmillan Audio)

5. Atomic Habits by James Clear, narrated by the author (Penguin Audio)

6. The Bomber Mafia by Malcolm Gladwell, narrated by the author (Pushkin Industries)

7. Beginners Mind by Yo-Yo Ma, performed by the author (Audible Originals)

8. The Four Agreements by don Miguel Ruiz, narrated by Peter Coyote (Amber Allen Publishing Inc.)

9. Unf--k Your Brain by Faith G. Harper, PhD LPC-S ACS ACN, narrated by the author (Blackstone Audio, Inc.)

10. 12 Rules for Life by Jordan B. Peterson, Norman Doidge, MD foreword, narrated by the author (Random House Canada)

Fiction

1. Project Hail Mary by Andy Weir, performed by Ray Porter (Audible Studios)

2. The Last Thing He Told Me by Laura Dave, narrated by Rebecca Lowman (Simon & Schuster Audio)

3. 21st Birthday by James Patterson and Maxine Paetro, narrated by January LaVoy (Little, Brown & Company)

4. Hit Job by Eric Cunningham, Achilles Stamatelaky and Lauren Gurganous, performed by Keke Palmer, Pete Davidson, and full cast (Audible Originals)

5. Shadow and Bone by Leigh Bardugo, performed by Lauren Fortgang (Audible Studios)

6. The Four Winds by Kristin Hannah, narrated by Julia Whelan (Macmillan Audio)

7. Sooley by John Grisham, narrated by Dion Graham (Random House Audio)

8. Sweet Talk by Cara Bastone, performed by Lidia Dornet and Chris Brinkley (Audible Originals)

9. The Last Green Valley by Mark Sullivan, narrated by Will Damron (Brilliance Audio)

10. The Midnight Library by Matt Haig, narrated by Carey Mulligan (Penguin Audio)

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