Saturday, June 22, 2013

Exclusive: FINRA beefs up policing of arbitrators

By Suzanne Barlyn

(Reuters) - Wall Street's industry-funded watchdog said it was beefing up oversight of its 6,500 securities arbitrators after one of them was criminally indicted and suspended from the practice of law but failed to properly disclose those legal run-ins.

The Financial Industry Regulatory Authority's new policy comes after Reuters asked questions about the background of Demetrio Timban, a Medford, New Jersey-based arbitrator who has become a central figure in a lawsuit between Goldman Sachs Group Inc and a wealthy investor. "In light of your questions, we reexamined our paneling process and initiated this change," a FINRA spokeswoman said in an email.

Timban was indicted by the state of New Jersey for practicing law without a license, although charges were later dropped under a state program to deal with nonviolent offenses. He was also reprimanded by a Michigan regulator for the New Jersey incident and passing $18,000 in bad checks.

Timban said in an interview that he had closed his New Jersey office and the check-writing incident was "accidental," as a family member was supposed to wire funds to cover the check. But FINRA said it did not learn of the New Jersey indictment for five months and that Timban failed to tell it about the Michigan problems altogether, while he arbitrated the Goldman case.

Investors and the securities industry must use FINRA's arbitration system to resolve their legal disputes, such as battles over brokers' signing bonuses or investor claims of mistreatment. Timban's failure to meet his obligations to disclose his legal problems led to questions about how FINRA polices its arbitrators and the reliability of their decisions.

In response to questions from Reuters over the past few days, a FINRA spokeswoman said late on Thursday that the regulator has adopted a new policy of conducting annual background checks on its arbitrators and an additional review before appointing arbitrators to a case. Previously, FINRA checked its arbitrators only when they applied, and required them to self-report new information, such as any legal troubles.

While FINRA's new policy is in response to the Timban matter, there have been other instances in which arbitrators have failed to self-report information, the spokeswoman said.

"The integrity of our arbitrator roster is of utmost importance to FINRA," she said.

The new policy could help weed out problem arbitrators early on and lead to fewer lawsuits seeking to overturn awards.

The change is "really at the heart of the fairness of the process," said Phil Aidikoff, a lawyer in Beverly Hills, Calif. who represents investors.

Terry Weiss, a lawyer for Greenberg Traurig LLP in Atlanta who represents brokerages, said the new policy might unearth extreme problems in an arbitrator's past, but it would not solve everything. Arbitrators may still be sloppy about not disclosing other facts that can reveal bias against a party, said Weiss, who declined to comment on the Goldman case.

FINRA began background checks for all new arbitrator applicants in 2003, covering everything from employment verification to potential criminal run-ins.

In 2009, the regulator took on a year-long project to run checks on about 4,000 arbitrators in its pool who had not been checked because they were already serving as arbitrators when the new system came in.

The check did not reveal any negative information about Timban, the FINRA spokeswoman said.

She said the regulator had taken numerous other steps in recent years to enhance disclosure by arbitrators, including training materials and newsletters. FINRA also looks into parties' allegations about arbitrators that occur during a case and relies on parties' evaluations of arbitrators at the end of each case to detect problems.

Arbitrators do not have to be lawyers and are typically paid $200 per half-day session.

GOLDMAN CASE

Timban has become a central figure in a lawsuit filed by the family investment vehicle of Richard Caruso, who founded Integra LifeSciences Holdings Corp in 1989. Goldman Sachs won the arbitration against the investment vehicle, Athena Venture Partners LP, which sought to recoup a $1.4 million loss.

Athena is claiming that Timban's legal troubles had an impact on its arbitration and is asking the U.S. District Court for the Eastern District of Pennsylvania to throw out the FINRA ruling, according to a June 7 court filing.

Timban was acting as a "public arbitrator" - one who is not affiliated with the securities industry and is typically more consumer-friendly than an industry arbitrator, said Athena's attorney, David Moffitt, in Wayne, Pennsylvania. Athena was depending on him in that role.

Had Timban disclosed his situation, been removed and replaced with a different public arbitrator, the case could have turned out differently, Moffitt said. Instead he abandoned the case in the wake of his problems with his Michigan law license, Athena alleged. That left the two remaining arbitrators in the case to decide themselves, Athena said.

A FINRA spokeswoman, however, said that Timban participated in the decision and agreed with the other two arbitrators.

A Goldman spokeswoman said the arbitrators' ruling was correct and that Athena's claims were not proven in arbitration. "We will continue to defend ourselves in any venue if necessary," she said.

Timban said he fulfilled his obligations in the Goldman case and that Athena was "reaching for straws."

(Reporting by Suzanne Barlyn with additional reporting by Ashley Lau; Editing by Linda Stern, Paritosh Bansal and Ryan Woo)

Source: http://news.yahoo.com/exclusive-finra-beefs-policing-arbitrators-050110767.html

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CloudUp Is A Fast, Dead-Simple Way To Share And View Files On Any Platform (Without The Folders)

ixKtropoJoO-1200x1200In today’s world of email, social networks, SMS, chat applications and cloud services, there are plenty of ways to share share a file, folder, photo or video. And as intelligent devices and cloud computing infrastructure proliferate, and processing power and capacity improve, we expect file transfer and sharing to be speedy — and simple. Everything is about “realtime” and accessibility these days (not that we’re complaining, but thanks Twitter). Yet, file-sharing still isn’t quite there. Even with all the options — whether it be the Skypes, Facebooks, Google Drives, WeTransfers and YouSendIts of the world or the Dropboxex, etc. — we’ve still got one eye out for a better way. (Here’s xkcd putting a fine point on it.) The file sharing service to end all file sharing services. Dropbox has gotten the closest, gobbling up a ton of mindshare as a result, but its layout and presentation are more storage service than simple sharing tool. In other words, you may store your photos there, but it’s probably not where you’ll go if you want to show them off. This week, CloudUp became the latest to join a younger group of services that are pushing the conversation forward when it comes to speed and simplicity — and nibbling at the heels of the incumbents. Sharing the mantle (most closely) with services like DropLr, CloudApp, Ge.tt and perhaps biz collaboration and sharing services like Dropmark, CloudUp aims to a new spin on file-sharing by creating a tool to make sharing images, links, documents and videos as simple as humanly possible for both the sharer and the viewer. In practice, that means that CloudUp has a clean, minimalistic look that makes it feel like it’s made for designers, yet is easy enough to use that your mom could get excited about it. CloudUp enables users to share files by dragging them and dropping them into their browser, automatically generating a link which they can then share on email, Twitter, Facebook and so on. Like Dropbox, the link-centric service is available for free on the Web or as a native OSX app, the latter of which puts CloudUp in your menu bar for easier drag-and-drop sharing. However, CloudUp wants the similarities to end there. Although the service is offering up to 1,000 uploads for free — that’s the equivalent of about 200GB of storage — CloudUp doesn’t want to just be a storage locker

Source: http://feedproxy.google.com/~r/Techcrunch/~3/dDkmiTFr4ow/

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Friday, June 21, 2013

American Baking Competition Recap: Whose Bread Was Best?

Source: http://www.thehollywoodgossip.com/2013/06/american-baking-competition-recap-whose-bread-was-best/

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Forever Lost: Episode 2 SD for iPhone/iPad 1.0

Forever Lost is a first-person adventure game inspired by classic point & click titles. The game has a haunting atmosphere, engaging storyline and lots of challenging puzzles to solve.

Forever Lost features an innovative in-game camera which allows you to take pictures of clues and locations. You can even write on the photos to help you remember things.

Requirements:

? iOS 4.3 or later
? Compatible with iPhone, iPod touch, and iPad

Source: http://handheld.softpedia.com/get/Games/Adventure/Forever-Lost-Episode-2-for-iPhone-iPad-142730.shtml

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North American Birds Declining as Threats Mount

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Source: http://www.labspaces.net/128742/North_American_Birds_Declining_as_Threats_Mount

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Student engagement more complex, changeable than thought

June 20, 2013 ? A student who shows up on time for school and listens respectfully in class might appear fully engaged to outside observers, including teachers. But other measures of student engagement, including the student's emotional and cognitive involvement with the course material, may tell a different story -- one that could help teachers recognize students who are becoming less invested in their studies, according to a new study coauthored by a University of Pittsburgh researcher.

More importantly for educators, the study, published online in the professional journal Learning and Instruction, suggests that student engagement -- essential for success in school -- is malleable, and can be improved by promoting a positive school environment. The result paves the way for future work to offer teachers diagnostic tools for recognizing disengagement, as well as strategies for creating a school environment more conducive to student engagement.

"Enhancing student engagement has been identified as the key to addressing problems of low achievement, high levels of student misbehavior, alienation, and high dropout rates," said Ming-Te Wang, assistant professor of psychology in education in the School of Education and of psychology in the Kenneth P. Dietrich School of Arts and Sciences at Pitt, who coauthored the study with Jacquelynne S. Eccles, the Wilbert McKeachie and Paul Pintrich Distinguished University Professor of Psychology and Education at the University of Michigan.

"When we talk about student engagement, we tend to talk only about student behavior," Wang added. "But my coauthor and I feel like that doesn't tell us the whole story. Emotion and cognition are also very important."

Wang and Eccles' study is among the first attempts by researchers to use data to explore a multidimensional approach to the question of student engagement. In the past, only behavioral measures of student engagement -- such as class attendance, turning in homework on time, and classroom participation -- had been evaluated when gauging student engagement. By conducting a study linking students' perceptions of the school environment with behavior, the authors have provided one of the first pieces of empirical research supporting the viability of the multidimensional perspective, which had previously been largely theoretical.

The researchers designed a 100-question survey that includes the evaluation of emotional engagement and cognitive engagement. Sample survey questions that tested emotional engagement in classes across all subject areas asked students to agree or disagree with statements such as "I find schoolwork interesting" and "I feel excited by the work in school." Sample questions concerning cognitive engagement asked students to provide ratings to questions like "How often do you make academic plans for solving problems?" and "How often do you try to relate what you are studying to other things you know about?"

Using the survey, Wang and Eccles conducted a two-year longitudinal study, tracking approximately 1,200 Maryland students from seventh through eighth grade. The authors also measured students' perceptions of their environment by having them answer questions in five areas: school structure support, which gauged the clarity of teacher expectations; provision of choice, which assessed students' opportunities to make learning-related decisions; teaching for relevance, which evaluated the frequency of activities deemed relevant to students' personal interests and goals; students' perceptions of the emotional support offered by teachers; and students' perceptions of how positive their relationships were with fellow students.

The authors found that students who felt that the subject matter being taught and the activities provided by their teachers were meaningful and related to their goals were more emotionally and cognitively engaged than were their peers. Adding measures of emotional and cognitive engagement could broaden researchers' perspectives on student engagement in future work in this area.

Also among the paper's main findings is that the school environment can and, indeed, should be changed if it is impeding student engagement. A positive and supportive school environment is marked, Wang said, by "positive relationships with teachers and peers. Schools must provide opportunities for students to make their own choices. But they also must create a more structured environment so students know what to do, what to expect, from school." Wang also noted, however, that there is no "one size fits all" strategy to the problem of student engagement.

"Usually people say, 'Yes, autonomy is beneficial. We want to provide students with choices in school,'" Wang said. "This is the case for high achievers, but not low achievers. Low achievers want more structure, more guidelines."

As a result, Wang said, teachers must take into account individual variation among students in order to fulfill the needs of each student.

Wang's current work, undertaken in partnership with six Allegheny County school districts, focuses on developing a diagnostic tool that teachers can use to identify students who are disengaged from school, with a specific emphasis on math and science classes.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/~3/jF-qLxjHgqg/130620162844.htm

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