text:
The record reflects estate administrators' requirement for due diligence in the best interest of the public versus private business interests opposing agenda.
Referred to Committee on Judiciary
SUMMARY—Makes certain agreements between heir finders and
apparent heirs relating to the recovery of property in
an estate void and unenforceable under certain circumstances. (BDR 12-306)
AN ACT relating to estates; making certain agreements between an
heir finder and an apparent heir relating to the recovery of
property in an estate void and unenforceable under certain
circumstances; and providing other matters properly
relating thereto.
Legislative Counsel's Digest:
1 This bill provides that an agreement between an heir finder and an apparent heir
2 relating to the recovery of property in an estate for which the public administrator
3 petitioned for letters of administration is void and unenforceable if the agreement is
4 entered into during the period beginning with the death of the person whose estate
5 is in probate until 6 months thereafter.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1 Section 1. Chapter 139 of NRS is hereby amended by adding
2 thereto a new section to read as follows:
3 1. An agreement between an heir finder and an apparent
4 heir, the primary purpose of which is to locate, recover or assist in
5 the recovery of an estate for which the public administrator has
– *AB291_R1
http://www.leg.state.nv.us/Session/76th2011/Bills/AB/AB291_R1.pdf
MINUTES OF THE
SENATE COMMITTEE ON JUDICIARY
Seventy-sixth Session
The Senate Committee on Judiciary was called to order by Chair Valerie Wiener
at 8:09 a.m. on Thursday, May 12, 2011, in Room 2149 of the Legislative
Building, Carson City, Nevada. The meeting was videoconferenced to the
Grant Sawyer State Office Building, Room 4412, 555 East Washington Avenue,
Las Vegas, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster.
All exhibits are available and on file in the Research Library of the Legislative
Counsel Bureau.
COMMITTEE MEMBERS PRESENT:
Senator Valerie Wiener, Chair
Senator Allison Copening, Vice Chair
Senator Shirley A. Breeden
Senator Ruben J. Kihuen
Senator Mike McGinness
Senator Don Gustavson
Senator Michael Roberson
GUEST LEGISLATORS PRESENT:
Assemblyman William C. Horne, Assembly District No. 34
STAFF MEMBERS PRESENT:
Linda J. Eissmann, Policy Analyst
Bradley A. Wilkinson, Counsel
Judith Anker-Nissen, Committee Secretary
OTHERS PRESENT:
John Cahill, Clark County Public Administrator
Donald L. Cavallo, Washoe County Public Administrator
Chris Ferrari, Kemp & Associates
Daniel J. Mannix, Kemp & Associates
Ty Kehoe
Carolyn Ellsworth, Securities Administrator, Office of the Secretary of State
Annette James, Lead Actuary, Life and Health Section, Division of Insurance,
Department of Business and Industry
Ross Miller, Secretary of State
Scott Anderson, Deputy for Commercial Recordings, Office of the Secretary of
Bryan Wachter, Retail Association of Nevada
Sam McMullen, Las Vegas Chamber of Commerce
John Griffin, Independent Gaming Operators Coalition
Matthew Taylor, President, Nevada Registered Agent Association
Trevor C. Rowley, Executive Vice President, Nevada Corporate Headquarters,
Inc; Executive Vice President, Corporate Service Center, Inc.
Jed Block, State Agent and Transfer Syndicate, Inc.
CHAIR WIENER:
I will open the hearing on Assembly Bill (A.B.) 291.
ASSEMBLY BILL 291 (1st Reprint): Makes certain agreements between heir
finders and apparent heirs relating to the recovery of property in an estate
void and unenforceable under certain circumstances. (BDR 12-306)
ASSEMBLYMAN WILLIAM C. HORNE (Assembly District No. 34):
John Cahill, Clark County Public Administrator, will explain to you why he needs
to have additional time to find heirs of estates, a job he was elected to do.
JOHN CAHILL (Clark County Public Administrator):
I am in support of A.B. 291. My first case had almost $3 million in assets with
no will and no known heirs. All the information I share today is public
information because it comes out of my office. The case name was Rives, and
the attorney who I selected to represent the estate was Charles Deaner.
Mr. Deaner, a longtime attorney in Las Vegas, started practicing in 1954.
Mr. Deaner served in World War II, went to law school and had a commonsense
background before he started practicing law. Mr. Deaner served as president of
the Clark County Bar Association and president of the State Bar of Nevada and
earned many honors as an attorney.
In the Rives case, I filed the necessary paperwork on Friday and on Monday was
called by an attorney representing the heirs. The attorney stated, "We have
found your heirs." I said, "What do you mean you have found my heirs? I do not
understand how this works; explain this." I found out there are heir-finding
firms. If they can get onto a case where there are no known heirs, they will find
the heirs and get them to sign for a percentage of their inheritance. What these
firms say is, "We believe you have an inheritance; we will lead you to that
inheritance if you agree to pay us a percentage." Most commonly, the
percentage is 33.33 percent. The heirs sometimes will not sign, but sometimes
Finding an inheritance is like hitting the lottery, and the heir-finder firms are
going to show them the location of the ticket. In the Rives case, the heir-finding
firm brought the heirs to me. I learned how the firm did it, and I just put my
head down on my desk. It was my first year in office and the first time I had
come up against this. I thought I had done something terribly wrong. I thought,
"Oh, we are going to get sued; these heirs are going to want to know why I did
not find them." How come the heir-finding firm had to find them? I did not even
get a chance to work on the case. In the end, the heir-finding firm's percentage
was about $600,000 for two days' work. Now I ask anybody on the
Committee, can you find a legal way to make $600,000 over a weekend? How
hard will you fight to keep that process in place? I would say, pretty hard.
This is why we are here today and why this needs to change. The precedent in
Nevada is the case of unclaimed property held by the State Treasurer. Heir
finders are prohibited from being involved in an unclaimed property case for
24 months. They are limited by State law to no more than 10 percent of the
estate, and they are excluded as a party. In other words, if the heir finder
connects the unclaimed property to the heirs, the State holds that the contract
is between the heir finders and the heirs, and it will have no part of it. The
Treasurer will pay the unclaimed property directly to the heirs, and it is up to
the heirs to pay the heir-finder firm based on the contract.
In the case of probate, the heir-finder firms can cut in front of me. They get to
jump into a case when I have not had an opportunity to look for the heirs. They
sign the heirs up, the heir finders pick the attorney by referral, and that attorney
operates as a representative for the heirs for a percentage of the distribution.
The attorney will represent that the distribution should be paid first to the
attorney, then that attorney pays the heir-finder firm, pays himself or herself
and then pays the balance to the heirs for their final distribution.
The heir-finder industry anticipates that this bill may pass—that our Nevada
lawmakers will believe that on behalf of Nevada families and families
everywhere it is proper to put into the probate process at least part of what
they have put into place for unclaimed property. That cuts the heir finders out
of the system. In the case of a public administrator, I have an opportunity to do
my job to find the heirs.
Last week, I filed a case where one heir had been located in California and one
in Arizona. An heir-finder firm found the heirs, signed them up for a percentage
and referred those heirs to an attorney in Las Vegas. The heir-finder firm then
advised the heirs to nominate a private fiduciary and cut the public administrator
out. The heirs have the right to do that nomination and I have no fight with
that. The administrator, Jared Shafer, was selected by the attorney referred by
the heir-finder firm. Mr. Shafer will do a fine job; he will make sure all of the
proper heirs are found and that the distribution is properly done.
The court held that the heirs have the right to nominate Mr. Shafer, but what
this process shows is that the heir-finder firm is willing to control the process
from beginning to end. They will sign the heirs, pick the attorney by referring
the heirs to him or her and then advise the heirs. The heirs in California and
Arizona could not pick either me or Jared Shafer out of a lineup. They have no
idea who we are; this is all based on the advice of their attorney. The heir-finder
firms control the process from the first step to the last.
And there is still a mystery. I do not know how they find these cases. I do not
know how they find cases that have, at the time the person is deceased, no
known heirs and no will. In the case that happened last week where the firm
filed and successfully cut the public administrator out, a death when there is no
family and no obituary takes weeks to get a death certificate. I know these
firms pay a bounty to people who lead them to these cases. I am told
anecdotally they pay runner services that go to attorneys' offices, and they pay
people at the county clerk's offices; but in this case, nothing had been filed yet.
DONALD L. CAVALLO (Washoe County Public Administrator):
I am in support of A.B. 291 as it is written today. The six-month window is an
appropriate period of time, especially since the language within this document
says, "the period beginning with the death of the person." There are times
when we do not receive a referral from either a medical examiner or an
attorney's firm for months after the death. This would give us an appropriate
window to work within that time. There are already a number of time lines set
within the probate process that require things to be done in a quick fashion
throughout the estate process. But when you prepare notice to creditors and so
on for an estate, you can easily be involved for nine months to a year before the
distribution period takes place.
When it comes to the heir-finder firms, they perform a task. We have utilized
them in the past when we have exhausted our own abilities to search for the
next of kin. One concern I have is their form of payment, entering into contracts
with individuals outside. In the probate process, all fees to any professionals are
approved by the courts. We also have the ability to hire attorneys for absent
heirs, and those attorneys' fees are also approved by the courts. As long as
there is some governance over this process, I am in support of the bill the way
Mr. Cahill mentioned statutory limits of a fee up to 10 percent. Could you help
me understand that? Also, I heard something about a 24-month window. There
are many time lines bouncing around; in the bill we have six months, and we
have mandatory offerings that reduce that substantially. Was that something
that was struck as a compromise from something else? This is the first reprint;
was that part of the change in the draft?
MR. CAVALLO:
In the first print it was set as a 12-month window, and it was moved to
6 months. There will be individuals to testify against the bill who want that
window shorter. I am not familiar with the other figure of 24 months that was
mentioned.
Mr. Cahill had mentioned a 10 percent cap; he had also mentioned by contract.
Could you tell us how you would see this working in terms of the procedure?
I do not believe the bill addresses a fee that an heir-finder firm can enter into a
contract with a beneficiary. It would have to be completely refashioned. That
would involve more time, but if there was a cap on the percentage of the estate
that went to the heir finders of 10 percent to 25 percent, that would be a more
realistic figure. We have seen heir-finder firms go up much higher. The most
I have seen is around 40 percent or so. As Mr. Cahill said, the heir-finder firms
come to the next of kin and say, "We will enter into this agreement with you."
But normally, from my understanding and experience over the last 24 years in
doing this type of work, the heir-finder firms do not tell the heirs where the
estate is or the name of the deceased until after they have the heirs on
contract. The family does not have an opportunity to do any research
How often does this happen in Washoe County?
We have perfected our investigations. In the last fiscal period, we only
escheated to the State around $3,000, so it does not happen often. In one of
our more complicated cases, we had to go internationally, and it took us over a
year and a half to find the next of kin. There have been a few occasions when
we had attorneys file a notice of appearance on behalf of an heir-finder
company. We contacted the attorneys and filed an order to show cause to have
the attorney appear in court to produce the client and the documents of the
records of the beneficiary. The attorney did a notice of withdrawal and walked
away from the estate. We have not had too many in Washoe County.
SENATOR GUSTAVSON:
I am unfamiliar with this process and how the process worked before. How do
other states handle this? Do they have caps or time lines?
I would have to defer to Mr. Cahill because he has done research on that issue.
MR. CAHILL:
This has been difficult to research because there is such a variety of ways the
states handle this problem. Some states require heir-finder firms outside the
state to employ an agent licensed as a private investigator to operate within the
state. There are states that apply fees and business licenses, and there is a
wide range of things they do.
I confused things earlier; I was referring to the 24-month period, the limitation
of 10 percent and not acknowledging any heir-finder firms as a party to the
distribution. These come under a uniform act titled Unclaimed Property in
Nevada Revised Statutes (NRS) 120A. I bring up that example as a reference.
The reason I feel it is a useful reference is we have had people ask why the
government is sticking its nose into this process. These heir-finder firms are
private businesses; this is interstate commerce. When heir-finder firms sign up
heirs, that is a contract between the heir and a private agency, and it is none of
the government's business. I do not hold it against the heir-finder firms that
they will fight hard to keep this process in place; there is big money involved.
But that big money is taken away from the heirs where it should properly go.
The opponents to this bill are going to bring up examples where the heir-finder
firms have done a good job by connecting heirs who could have otherwise been
cut out.
But in the case of the public administrators, we made the change from the first
writing of the bill that would have applied to any administrator, and we asked
for 12 months. We made the change to limit it to the public administrator and
reduced the 12 months to 6 months in the hope the heir-finder firms might
support this bill. But they are here today testifying against the bill.
Nevada Revised Statutes 120A show the State's willingness to get involved in
this process and to prevent what I will read to you in a minute—a letter from
Charles Deaner (Exhibit C) to the State Bar of Nevada. Mr. Deaner characterized
it as "being ripped off by bounty hunters." I will read just a portion of that
letter, and then I will enter that letter into the record as a part of my testimony.
For the purpose of this bill, those 24 months and the limit of 10 percent are
only a reference to the State getting involved in this process, so you can set
that all aside. My strategy was to focus on one issue: give me the time to do
the job that I have, while appointed public administrator, to locate the proper
heirs and to make sure the distribution is done properly.
Members of the industry have already tipped their hand because now seeing
that is my approach, they are willing to get involved in the process that will cut
me out completely. In a similar case I am defending, the heir-finder firm filed a
petition that involves heir finders. They allege that I am dragging my feet, taking
too much time looking for heirs and squandering resources of the estate by
looking for heirs in a case that, as Mr. Cavallo pointed out, is international, and
that always takes more time.
In this case, we know the names of the heirs; we have the last addresses of the
heirs provided by the decedent, who had eight siblings. It may be that all of
those siblings have passed away, but we are working hard to locate them and
to confirm them. In the meantime, an heir-finder firm found the children of one
of those siblings and filed on behalf of those siblings. Even though we have not
completed finding the heirs, the firm is now saying, "We want to get rid of
Mr. Cahill and get somebody else in there. We think this should be settled."
Even when we have the names of the heirs and we are in the process of
locating those persons, they want to move it forward; they want to hurry up.
The only reason I can figure why the heir-finder firm wants to hurry up is that
they want to get their commission.
In this same estate, there is $150,000 sitting in a bank account with a
pay-on-death beneficiary whom we are also looking for, even though it is not
our duty. If the pay-on-death beneficiary is not available, that money will
increase the amount of the estate and thus increase the distribution. That will
also increase the earnings of the heir-finder firm because their earnings are
based on percentage. The firm is very anxious to push these things, to hurry
and get it settled. I question their motivation to find more heirs because when
that distribution gets cut and spread out, their earnings drop. I am not accusing
the firm of anything improper, only that influences need to be considered,
especially when I have two cases in which heir finders are trying to push me out
completely—and they have successfully done it once.
I will read part of Mr. Deaner's letter dated January 9, 2008, Exhibit C, that
was addressed to the State Bar Probate and Trust Law Section. The State Bar
of Nevada has remained neutral on this matter, which is a powerful position
since it relates to the attorneys' abilities to earn through this particular process.
From what Mr. Cavallo said about the attorneys representing the heir-finder firm
and in Mr. Deaner's letter, I now clearly understand the attorneys always
represent the heirs. The heirs are referred to the local attorneys by the
heir-finder firms. In that manner—and this is unusual in probate—the relationship
between the heir-finder firms and the heirs is held to be outside of the
jurisdiction of the probate court because of attorney-client confidentiality, and
the probate court is unable to inquire what percentages are paid to the
attorneys and what percentage is paid to the heirs.
Once the money is paid to the heirs' attorney, it goes into his or her trust
account for subsequent payments to the heir-finder firm, the attorney and then
distribution to heirs. There is no tracking that the heirs have received their
However, I do not question that system. I do not believe any Nevada attorney
would risk his or her standing at the State Bar of Nevada by doing anything
improper. It is just an awkward process when you take this bundle of activities
and put them outside the jurisdiction of the probate court, where the probate
court approves all fees paid to the attorneys and the administrator and reviews
claims and other debts paid for the estate.
I have Mr. Deaner's permission to submit his letter to the Committee, Exhibit C.
I have other items for the Committee: "Notice to Heir Finders" (Exhibit D) and a
letter from Tina M. Walls, Esq., dated May 10 (Exhibit E).
The reason I asked my question was that our Committee has all of these
Uniform Law Acts, and out of curiosity I wanted to know what other states do.
I am not suggesting we do that with this bill, but what are other states doing?
How are they handling the matter? I did not get an answer or a good answer.
This one may not have a Uniform Law Act. Mr. Wilkinson, does this have a
Uniform Law Act?
BRADLEY A.WILKINSON (Counsel):
It will now.
CHRIS FERRARI (Kemp & Associates):
Kemp & Associates is a genealogical research firm in business since 1966.
Kemp has identified heirs around the world, providing an important service to
the citizens of Nevada and across the Country. This is a complex business;
Kemp & Associates have a close affiliation in Salt Lake City with the
Genealogical Library. It was not Mr. Cavallo or Mr. Cahill, but after the last
hearing in the Assembly Committee on Judiciary, another administrator from the
State asked me, "Are you working with Kemp? Those guys found this person in
Thailand that we could never find; it took years, and they did it in a couple of
weeks." This is an important process. Oftentimes, heir-finder firms support the
public administrator when the administrator does not have the ability or skill to
identify that heir. Many times the heirs petition the court to hire a business like
Kemp & Associates to assist them in the process.
We are here in opposition to A.B. 291 as written but in support of the concept
Mr. Cahill and Mr. Cavallo are referencing. We appreciate and respect the role
public administrators play and want to continue to support them in that regard
and allow them to perform the job for which they were elected.
For the record, we do not deal with unclaimed property, something that was
mentioned numerous times. Also, Kemp & Associates dealt with three cases in
the last year in the State.
We worked very closely on this bill in the Assembly, both with Mr. Cahill and
Mr. Cavallo, and with Chair Horne of the Assembly Committee on Judiciary. We
are trying to find a middle ground.
To answer Senator Gustavson's question, there is only one other state in the
Country with any type of limitation on the use of heir finders, and that state has
a time frame of 60 days.
Additionally, the letter Mr. Cahill referenced from what sounds to be a reputable
attorney, Mr. Deaner, Exhibit C, states, "We would have been able to locate
these heirs within 24-48 hours." And that is exactly the point; many times with
technology and especially with the sophistication of somebody like Kemp &
Associates, and even on the public administrator's level, those people are often
found within 24 to 48 hours. As things get more complex, it can take more
time. But to incorporate some kind of time line of six months when the only
other state in the Country has a 60-day time line would make Nevada
something of an anomaly. Mr. Deaner also references, Exhibit C, a statute as it
pertains to unclaimed property, although we do not deal with unclaimed
property, which talks about a 30-day period to locate those unknown heirs. For
that reason, we propose in our amendment (Exhibit F) to change the time line
from a six-month limitation to a 30-day limitation.
Additionally, we provided one other document titled, "How Heir Finders Serve a
Critical Check and Balance for Nevadans" (Exhibit G). These are numerous
cases—and this is not in any way negative toward a public administrator—that
regardless of how the case is closed, there are heirs who are not identified.
These are legal, rightful heirs, and this has happened in numerous cases
Kemp & Associates has worked. In many other cases, heirs have been found
who were higher ranking in the hierarchy, such as a cousin versus a cousin once
removed, and so on. Many times people get greedy when they find there is an
estate, and it is not uncommon for those people to hire an attorney, jump in and
say, "We are the only heirs," knowing full well other heirs may exist. The
private sector in this case provides an important check and balance in this
process, and we respectfully request your support to our proposed amendment.
Mr. Ferrari, on May 5, I received a proposed amendment from you that said
60 days, and then on May 10, I received the proposed amendment that you are
referring to that says 30 days. Please share with me what happened in those
few days so that you cut it in half again.
MR. FERRARI:
We reviewed the testimony from the other side and listened through the
minutes. After hearing Mr. Deaner, who was referenced in this process
numerous times, refer to a 30-day window, we thought it would be a better
place to start. Obviously, it depends on the will of the Committee. If that seems
unreasonable in any manner, we would defer to you.
How many employees are there in Clark County? Are there several employees
working for Mr. Cahill? Mr. Cavallo has quite a few employees. Maybe there are
not enough employees or they do not have enough money in the budget to hire
enough employees for staffing. We hear testimony about heirs being ripped off
and about attorney's fees—reasonable attorney's fees when attorneys are
getting involved is a good idea—but I do not want to see people ripped off.
Mr. Mannix has some 20 years in the business, and his testimony will answer
that question.
DANIEL J. MANNIX (Kemp & Associates):
My firm has been researching estates with missing or unknown heirs since
1966. Briefly, I would like to explain that process: A hypothetical example
would be if a person dies with an estate which consists of his or her home
valued at $150,000 that has been in the family for generations.
Kemp & Associates would do a genealogical research on the family, possibly
going back to a 1930 census; we will assume the person was born in Ohio. We
would research the person's mother and father to gain some genealogical
information about them. If we were to find the father, we would research a
1900 census; perhaps he is in New York. If we found the father with
two brothers, those are the future uncles of the person who passed away in
Nevada. We would then bring them to the present, try to find out what
happened to them and their families. If we had an uncle who passed away in
Miami in 1980, we would send someone down to Miami to research the records
to see if that person had any family; the researcher would look at a will,
obituaries and so on. The children of that person would be the future cousins of
the person who passed away in Nevada. We would then contact them and
inform them they were heirs to an estate. Another part of our process is to put
together a professional genealogical chart with exhibits showing these people
are indeed attached all the way through the grandparents to the person in
Nevada.
Oversimplified, that is what we do. Many estates are distributed before
six months, and some as quickly as 30 days. That is one of the reasons we
have issues with regard to this bill. Only one state in the entire Country has any
time constraints trying to locate heirs for estates, and that state has
implemented a 60-day limit. Other reasons why we have concerns with this bill
has to do with estate assets; they are time sensitive. For example, if the
decedent has a cabin on Lake Tahoe, it could easily be sold in short order prior
to the appearance of unknown heirs. If the decedent has family pictures or
World War II memorabilia, these items may be sold or discarded prior to a
six-month waiting period before anyone could begin to look for the proper heirs.
Another situation is if the decedent had bonds or stocks, the rightful heirs may
want to have input regarding whether they are sold, when they are sold or
taking them in kind. The deserving heirs should not have to wait six months
before they have influence on the assets that are theirs.
I want to give you two examples of Nevada probate estates that support our
reasoning: in the estate of Marion Keith, a mobile home park manager produced
a will for a person who was living in the mobile home park. The will was
produced just prior to her death and was questionable in nature because it gave
everything to the mobile home park manager. We did the genealogical research
and found nieces to the estate. The nieces were personally familiar with the
decedent, but they would not have been contacted, and the manager would
have gotten the estate. Through our research, the right people got the estate.
Mr. Ferrari mentioned a case in Thailand, the estate of a man in Carson City.
The public administrator hired an international company to locate a half brother
who was believed to exist; they were unable to do so. We did the research and
had to go to Europe. Many times family members are in Europe, and it is
difficult to locate the records because of the wars, specifically World War II.
I have a case right now with an Auschwitz survivor, and it is difficult. There is
no way to do that research from the United States; you have to get professional
people over there. We contacted someone in France because there were
connections there. The researcher traveled to Thailand and had a Thai-speaking
Frenchman help locate the correct heir. Because of our research, the right
person got the money.
We provide the ancillary benefit of checks and balances in the majority of the
cases that we research, and we do so at our own risk with no costs to the
estate. In Nevada alone, we have helped hundreds of Nevadans get what is
rightfully theirs based on statute. And if this bill is passed as written, Nevada
would be the only state to have a law like this. This bill would damage our
industry and potentially put us out of business.
TY KEHOE:
I am an attorney licensed in Nevada and residing in Henderson. Although the
public administrator provides a valuable service in Nevada, this bill seems to be
a solution without a problem. During the Assembly hearings, Mr. Cahill
referenced 22 cases where an heir finder was hired by his office to search for
missing heirs in his approximately five years as the public administrator.
I estimate approximately 15,000 probates were filed during that time. He
references approximately one-fifth of 1 percent of the cases and only mentions
one of those with a negative outcome, the Rives case.
My opinion as an attorney, in spite of it being my trade and practice, is that the
fewer statutes the better. We do not need to be filling up statute books with
new statutes without a definitive need. It is interesting that Mr. Cahill does not
mention a complaint made by the heirs in the Rives case. And frankly, I am not
aware of a single complaint by heirs being made to the Secretary of State, the
State Bar of Nevada or anybody else regarding the heir finders.
I know Mr. Cahill does a good job. He is sincere in his effort to find heirs, and
he is honest in his disclosures to the court, unlike a lot of people who come
before the court claiming to be the correct heirs when they are not. But
Mr. Cahill will not be the public administrator forever. There have been former
public administrators, including Mr. Shafer, who was mentioned by Mr. Cahill in
his testimony today. Mr. Shafer was a longtime Clark County Public
Administrator, and it sounds like he is involved with the heir-finder firms at this
time. He is representing them, he is assisting them in the process and he must
be comfortable with the process. In addition, I can testify that former public
administrators did not search for the heirs like Mr. Cahill does. That was not
their priority, objective or purpose. When we get a new public administrator at
some point in the future; he or she may not search for heirs, and there may be a
dead time when the unknown heirs are not sought. The issues raised by
Mr. Mannix regarding family heirlooms, family properties or otherwise make it
even more important that the process be expedited and these heirs located.
Mr. Deaner's letter, Exhibit C, suggests 30 days; that is where the proposed
amendment comes. His letter says that heirs can be found within 24 to
48 hours. Therefore, 30 days seems to be appropriate. For years, I have
personally been involved representing heirs located by Kemp & Associates.
Mr. Mannix has mentioned a couple cases, but there are repeated cases where
incorrect heirs come forward or are presented and Kemp & Associates has
found the correct heirs. The exhibit presented to the Committee today,
Exhibit G, also mentions cases that happen to be public administrator
cases—one where the estate escheated within less than 30 days and the
correct heirs were found after the fact. And the second one closed in 16 days,
which is how fast this process can sometimes work.
This bill should not be passed at all, and that would be my preference. It is
actually unnecessary. But if the Committee is inclined to pass the bill, we have
attempted to be reasonable; we have attempted to understand the issues of the
public administrators, and we have suggested changing the proposed time line
from six months to 30 days.
What seems minor can be significant. Mr. Kehoe, you indicated on the sign-up
sheet and your introduction that you represented yourself, but I heard
references in your testimony to your being a party to the amendment and
working with Kemp & Associates. Are you a practicing attorney in this area?
MR. KEHOE:
I am a practicing attorney in the probate area. I have been hired for a few years
now by Kemp & Associates. When Kemp locates cases in Clark County in which
heirs need representation, Kemp & Associates hire me on behalf of those heirs.
I will close the hearing on A.B. 291 and open the hearing on A.B. 72.
(Reprinted with amendments adopted on April 20, 2011)
FIRST REPRINT A.B. 291
– *AB291_R1*
ASSEMBLY BILL NO. 291–ASSEMBLYMEN HORNE; AIZLEY,
ATKINSON, BUSTAMANTE ADAMS, CARLTON, CARRILLO,
DALY, DONDERO LOOP, FRIERSON, GOICOECHEA, HOGAN,
LIVERMORE, MASTROLUCA, MUNFORD, PIERCE AND
SEGERBLOM
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
http://www.leg.state.nv.us/Session/76th2011/Minutes/Senate/JUD/Final/1119.pdf
Exhibit C: http://www.leg.state.nv.us/Session/76th2011/Exhibits/Senate/JUD/SJUD1119C.pdf
Exhibit D:
http://www.leg.state.nv.us/Session/76th2011/Exhibits/Senate/JUD/SJUD1119D.pdf
Exhibit E:
http://www.leg.state.nv.us/Session/76th2011/Exhibits/Senate/JUD/SJUD1119E.pdf
Exhibit F:
http://www.leg.state.nv.us/Session/76th2011/Exhibits/Senate/JUD/SJUD1119F.pdf
Exhibit G:
http://www.leg.state.nv.us/Session/76th2011/Exhibits/Senate/JUD/SJUD1119G.pdf
We are in receipt of the final heir research in this case. Thank you for your assistance, persistence and hard work.
It has been a pleasure working with you … Thanks for all your help over the years.
Barbara McCord Probate Estate Case Manager
Washoe County Public Administrator


text:
GJIIE 2013 Day 2 Receives Astounding Response
UBM India Pvt. Ltd.
UBM India Logo (PRNewsFoto/UBM India Pvt. Ltd.)
Visitors at the Gem & Jewellery India International Exhibition (GJIIE) 2013 (PRNewsFoto/UBM India Pvt Ltd)
CHENNAI, March 18, 2013 /PRNewswire/ --
16th & 17th March 2013 Saw a Record Turnout at the Chennai Trade Centre of More Than 8000 People Visiting the GJIIE 2013
Day one and day two of the Gem & Jewellery India International Exhibition (GJIIE) saw a record of more than 8000 people attending the country's most comprehensive B2B fair. The exhibition brought together manufacturers, wholesalers and retailers under one roof and is the perfect venue of glitterati jewellery and loose stones.
(Logo: http://photos.prnewswire.com/prnh/20130226/599595-c)
(Photo: http://photos.prnewswire.com/prnh/20130318/601691)
Three interesting seminars were also held on day two of the show that educated the audience on various aspects of the jewellery industry. The workshop on 'Small Scale Entrepreneurship in the Jewellery Industry' by Mr. Thirupathi Rajan, Mr. Sivalingam and Mr. H. Sundaresan of the MSME Development Institute enlightened the audience on how a small scale jeweller can reap great benefits from organization and structure, therefore becoming the "Future Bullions" of the country.
The GIA seminar on 'The Different types of Gemstone Treatment' not only addressed the audience on the various technical aspects of gemstone treatment but also raised awareness for the need to maintain full disclosure while selling jewellery.
The dais was then taken over by a panel of experts, comprising Emmanuel Babu of Original Kerala Jewellers, Mohamed Yasir Sultan of Sultan Group, Suraj Shantakumar of Kirtilals and Sanjay Banerjee of Nizam Jewellers, engaging in a discussion on 'Independent Retailing vs. Chain store Retailing'. This discussion was an eye-opener where the audience was brought to understand the importance of brand identity in the market, which is essential for small-scale jewellers as well as large-scale jewellers.
After day 1, the gold walk featuring models displayed signature pieces from participating jewellers. There was an overwhelming response from the exhibitors to be part of this gold walk as it created a lot of excitement among the visitors. As the glamorous models displayed exclusive jewellery from Fusion Jewellery - Bangalore who are specialized in Kundhan, Gokak, Nakhas stones.
This three-day event from 16-18 March 2013 at Chennai Trade Centre, the ninth edition of GJIIE, is set to raise the benchmark and increase business opportunities for the jewellery industry, with a participation of 250+ exhibitors.
About UBM India
UBM India is a part of UBM plc which is a leading global business media company. UBM is the platform that brings the world's buyers and sellers together at events, online, and in print, providing them with the information they need to do business successfully. The focus is on serving professional commercial communities, from doctors to game developers, from journalists to jewellery traders, from farmers to pharmacists, around the world. For further details please visit the UBM India website, www.ubmindia.in.
With staff of 6,000 specialists in more than 30 countries, UBM has spread over 300 countries & regions and has more than 6,878 exhibitors & 1,38,133 visitors participate and visit these jewellery fairs. For details regarding UBM India's jewellery exhibition portfolio, please visit www.jewelleryfair.in.
Primary Media Contact: Apurba Biswas, apurba.biswas@ubm.com, 91-9769051748
SOURCE UBM India Pvt. Ltd.

redpajama_set_name: RedPajamaCommonCrawl


11.10.2018 0 comments on "Stc isp programmer download"
Tool Name. Picture. Description. Download. STC-ISP Programmer. http://www. wilson-hester-genealogy.com STC series in system programming, 40PIN . File Name. Description. Size. Download. STC ISP programming software (v). STC MCU (ISP)programming software. Download. STC ISP programming. STC Microcontroller ISP software V, works for: STC10, STC11, STC12, STC89, STC90 series STC microcontroller.
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A MCU development board; A cross compiler; A Programmer The accompanying CD comes with a programing software(STC ISP V). Latest ISP software for programming microcontrollers STC that I found on http:// wilson-hester-genealogy.com It may be.


Recent results are reported regarding the low temperature photochemistry and spectroscopy of several photoadducts of linear polyacenes blended into amorphous polymer hosts. The molecules studied are the anthracene-tetracene photoadduct, the 9-bromoanthracene-tetracene photoadduct, both isomers of ditetracene, and the D2h symmetric form of dipentacene (s-dipentacene). Low temperature fluorescence spectra and temperature cycling and matrix effects on photochemical hole burning spectra are presented. A discussion of the photochemical mechanism for some of the photoadducts which requires triplet-triplet absorption at low temperature is also presented.


text:
Great Business Book – The 22 Immutable Laws of Marketing!
The 22 Immutable Laws of Marketing
"There are laws of nature, so why shouldn't there be laws of marketing?
As Al Ries and Jack Trout—the world-renowned marketing consultants and bestselling authors of Positioning—note, you can build an impressive airplane, but it will never leave the ground if you ignore the laws of physics, especially gravity. Why then, they ask, shouldn't there also be laws of marketing that must be followed to launch and maintain winning brands? In The 22 Immutable Laws of Marketing, Ries and Trout offer a compendium of twenty-two innovative rules for understanding and succeeding in the international marketplace. From the Law of Leadership, to The Law of the Category, to The Law of the Mind, these valuable insights stand the test of time and present a clear path to successful products. Violate them at your own risk."
This quick-read offers 22 short chapters, each focusing on an important rule about marketing your product, service or business as an entrepreneur or business owner. Many of the examples are reinforced with anecdotes from household name brands, from American Airlines to IBM to Coca-Cola. The book's direct, easy-to-implement advice about things like how to pick certain keywords and attributes for a product, how to compete against a strong competitor, and how to avoid key (and common) mistakes makes it a must-read. NYC CNC Pro Members have access to our book notes below, showing the key takeaways and lessons to revisit.
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Finding the best bathing suit for your body type! AAAAAAAAHHHHHHHH!!!!!!!
I found some great summer "blingies" for you that you won't believe! Oh yeah, when I say "blingies" I mean all types of fashion and accessories 🙂 I believe bathing suit season is the most dreaded shopping experience us women have every year! The nerve racking experience of going to the store, trying on a hundred different styles of bathing suits is a little too much for some of us to handle.
But I have good news for you! While on my hunt for bargains I came across an amazing deal and it's literally called "swim suits for all" sizes, they mean. I 100% believe in the Italian saying La Bella Figura = "The beautiful figure". This is what every Italian lives by. You do the best to look your best! Don't compare yourself to anyone else, because everybody's body is beautiful! Have you ever seen some of the famous ancient paintings that are hanging in the museums in Italy and all around Europe? Most of the women in those paintings are…I like to call it…"plump and juicy". You will also notice that they are all oozing confidence and sensuality while standing their letting all of their plumpness and juicy-ness hang out! May we all be so graceful to accept our bodies and be comfortable putting them on display at the beach and pool this summer.
Some Great New Looks for the weekend!
It's Thursday and the weekend is getting closer. Here are some great looks that will give you inspiration when choosing your fun weekend outfits! Enjoy and may life inspire you!


text:
Q: Does the Maven Assembly Plugin (maven-assembly-plugin) support the EAR format? Does the maven-assembly-plugin support EAR as a valid format? The documentation seems to indicate you can configure it any way you want:

*

*zip

*tar.gz

*tar.bz2

*jar

*dir

*war and any other format that the ArchiveManager has been configured for

http://maven.apache.org/plugins/maven-assembly-plugin/

A: Yes, it does. Just specify in your assembly descriptor:
<formats>
  <format>ear</format>
</formats>

A: It can but you should use the maven-ear-plugin instead, cause it know better about ejbs etc. of which maven-assembly-plugin doesn't know anything about.

redpajama_set_name: RedPajamaStackExchange


TrimFix Stainless Steel anchor long swivel connector for Ø6/8 mm chains.
It runs in the bow anchor without stalling, prevents chain tangling.
It allows to perfectly pull and store anchors into the bow rollers.
Dimensions: A - 10 mm, B - 11x21 mm, D - 8 mm, L - 225 mm.


text:
You are here: Home / Defense News / Following in the Wake of USS Nautilus – a Renewed Focus on the Arctic
Following in the Wake of USS Nautilus – a Renewed Focus on the Arctic
August 3, 2014 by defenselodging
By Rear Adm. Jonathan White
Oceanographer/Navigator of the Navy and Director, Task Force Climate Change
On August 3, 1958, USS Nautilus (SSN 571), the world's first nuclear powered submarine, also became the first submarine to complete a submerged transit to the geographic North Pole. While that achievement captivated the world, the real accomplishment was that Nautilus sailed from the Pacific Ocean through the Bering Strait, transited through the Arctic Basin completely under ice, and surfaced to the northeast of Greenland in the Atlantic Ocean. This was the first time a submarine had used the Arctic basin as a transit between the two major oceans.
USS Nautilus (SSN 571)
In 1958, the Arctic was largely covered in solid multi-year ice all year-round. With icebreaker support, ice-strengthened surface ships could operate on the edge of the Arctic's ice zone for short durations, but there was little practical reason to be up there. During the early years of the Cold War, military vessels spent some time in Arctic waters helping to set up the Distant Early Warning radar system (DEW line), designed to deter and defend against Soviet missile attack across the Arctic basin. But by 1965, the Navy turned over its icebreaker assets and the ice-breaking mission to the U.S. Coast Guard. As the Navy has turned its attention to the warmer waters of lower latitudes, Arctic-capable surface ships largely disappeared from the Fleet.
USS Nautilus (SSN 571) crew approaches the North Pole.
Submarines, however, continued to transit under the ice pack since that was the shortest route between the Atlantic and Pacific Oceans. Submarines used upward-looking sonar to determine the thickness of the ice so that they could identify thin areas to break through to perform communications downloads. In the ensuing years, warming air and sea temperatures around the globe began to have a notable impact, and by the mid-1990s submarines were starting to report significantly thinner ice. This means that Arctic sea ice is losing volume as thick, multi-year ice disappears and is replaced by thin seasonal ice that melts away each summer and freezes back each winter.
Sea ice extent, the area of sea ice coverage, is also decreasing. The first satellite imagery of the Arctic was received in 1979 and we have had a continuous satellite record of Arctic sea ice extent ever since. This has shown conclusively a net diminishment, and the summer of 2012 set the record for the smallest amount of sea ice in recorded history, roughly a 40 percent reduction of sea ice compared to the observed mean.
There is an unequivocal consensus among climate and ocean scientists that the Arctic ice will continue to diminish, opening up the region for increased commercial enterprise. The region is already seeing expansions in Arctic shipping, oil, gas and mineral exploration, commercial fishing, and adventure tourism.
In 1958, when President Dwight D. Eisenhower publicly announced the accomplishment of Nautilus, he imagined a time when nuclear powered cargo submarines would use the Arctic Ocean as a far shorter transit between the Pacific and Atlantic Oceans. The president could not have known then that within 50 years the Arctic sea ice would diminish to the point that cargo would indeed transit the Arctic Basin – but on surface ships!
ICE CAMP NAUTILUS: The view at sunset of Ice Camp Nautilus, located on a sheet of ice adrift on the Arctic Ocean, during Ice Exercise (ICEX) 2014.
The U.S. Navy is a global fleet. We are America's away-team and often the first responder to international crises. While we do not anticipate any conflict in the Arctic in the foreseeable future, we must be ready to respond to contingencies and operate forward in this ocean, just as we do in all the others.
Arctic capabilities will require preparation and commitment. Last February, Chief of Naval Operations Adm. Jonathan Greenert released the U.S. Navy Arctic Roadmap 2014-2030, a document that presents the Navy's perspectives on the changing Arctic, offers a predicted timeline of the opening of various sea routes through the Arctic Basin, and provides an implementation plan to prepare the Navy for future operations in all dimensions as the Arctic evolves.
The accomplishment of USS Nautilus did not happen on a whim. It required systematic planning and preparation, and design modifications like a new inertial navigation system, a specialized gyro, and an ice-hardened hull. We are similarly preparing the Navy for future Arctic missions – missions that will change the way we do business in the high latitudes. We will do this methodically, with an eye towards the safety of our fleet and an emphasis on ensuring that we do not invest limited fiscal resources unnecessarily or before need.
Continue at source:
Filed Under: Navy News


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History of the AMSJ
Previous Executive Board Members
Original Research Articles
Submission Types
Editorial & Peer Review Process
Reviews of Manuscripts
Cutaneous manifestations of neonatal bacterial infection
Dr. Jazlyn Read
BPhty, MBBS
Intern, Royal Brisbane and Women's Hospital
Jazlyn is an intern at the Royal Brisbane and Women's Hospital, and wrote this article while studying final-year medicine at Griffith University. In her spare time she enjoys travelling and languages.
Skin forms a dynamic interface with the external environment and is a complex organisation of cell types and associated structures that performs many essential functions. Although the stratum corneum of full-term neonates is analogous to that of adult skin, structural and compositional differences of the skin renders the newborn more susceptible to bacterial colonisation. Particularly for the preterm neonate, impaired cutaneous barrier function and an immature immune system reduce the capacity to defend against bacterial pathogens. The majority of cutaneous bacterial infections are localised to the skin and are easily treated, however, systemic bacterial infection and disseminated disease in the neonatal period may be life-threatening.
Differences in neonatal skin
Newborn skin is fundamentally different from that of the adult and adapts to the extrauterine environment during the first year of life through ongoing structural and functional changes. [1] Skin is a complex, selectively permeable membrane that performs a number of roles, including protection from infection and external stressors such as ultraviolet (UV) light damage, temperature regulation, sensation, and physical appearance. Protection against the external environment is primarily due to the most superficial layer of the epidermis, the stratum corneum, and recent advances in fluorescence spectroscopy and electron microscopy have helped elucidate the differences between adult and newborn skin. [1-3] The stratum corneum is a layer of lipid-depleted, protein-rich corneocytes embedded in a matrix of extracellular lipids, resulting from the continuous proliferation of keratinocytes in the basal epidermis. [3] Compared with adult skin, newborn skin produces smaller corneocytes, a thinner epidermis, and an increased density of microrelief grooves (Table 1). [1] The corneocytes of newborns also have a higher degree of irregularity and decreased organisation in both development and subsequent desquamation phases. [2] The change in neonatal skin pH from neutral, at birth, towards a more acidic mantle is also likely to impact on stratum corneum integrity, as incomplete skin surface acidification is linked to variable rates of desquamation. [3,4] Overall, decreased corneocyte size and a thinner, less cohesive stratum corneum has negative implications for skin barrier function, as indicated by increased transepidermal water loss (TEWL) in newborn skin. [5]
Compared with full-term infants born at 37-42 weeks' gestation, preterm newborns do not develop the same level of protection provided by the stratum corneum until 2-4 weeks after birth. [6,7] The most significant difference is an increase in the stratum corneum from two to three cell layers at 28 weeks' gestation to the equivalent of adult skin with 15 layers by 32 weeks' gestation. [8] Due to the role of the stratum corneum in barrier protection, the premature newborn is at considerably greater risk of cutaneous complications.
Changes in TEWL, skin pH, and sebaceous activity all lead to the creation of a skin environment that promotes colonisation of certain microbial skin flora. [9] Colonisation of resident flora commences at birth, but newborns have a unique skin microbiome profile that develops throughout the first year of life and beyond. [9] The protection offered by resident commensal and mutualistic skin flora in the adult is therefore not immediately present in the newborn, leading to different patterns of subsequent infection.
Table 1. Differences between newborn and adult skin. [1,2]
Skin defences and immune response of the newborn:
Skin has antimicrobial function afforded by the innate immune system and antigen presenting cells (APCs) of the epidermis and dermis, as well as circulating immune cells that migrate into the dermis. This innate system works together with the adaptive immune system to defend against infection. In the newborn, innate immunity is the most important mechanism of defence, as this system is present at birth as a result of pattern recognition receptors encoded by germline DNA. This system responds to biochemical structures common to a number of pathogens, producing a rapid response with no residual immunity or memory. In contrast, adaptive immunity develops slowly and involves specific antigen receptors of T- and B-lymphocytes as part of a system that develops memory for faster successive responses.
Innate immune defences comprise the physical barrier formed by the skin itself, antimicrobial peptides (AMPs), complement pathways, and immune cells including monophages, macrophages, dendritic cells, and natural killer cells. [10,11] While the keratinocytes of the skin are typically considered to be static 'bricks' of the physical skin barrier, they are also dynamically involved in immunity by their secretion of cytokines and chemokines, AMPs, and complement components. AMPs secreted by keratinocytes are cationic proteins termed cathelicidins and defensins, and they appear to be particularly important in neonatal immunity, with selective bactericidal activity against common cutaneous pathogens. [12,13] Cathelicidins (LL-37) and beta-defensins (BD-1, BD-2, BD-3) are attracted to negatively charged bacteria, viruses, and fungi and exert their influence by membrane insertion and pore formation. [13] Neonates display higher baseline concentrations of cutaneous AMPs than adults, suggesting a greater role for these proteins in newborn skin defences. In the absence of specific antibodies, pattern recognition receptors such as Toll-like receptors (TLRs) play a pivotal role, with subsequent cytokine production changing with increasing age and correlating to age-specific pathogen susceptibility. [14]
Figure 1. Innate immunity of the skin in the newborn
Cutaneous staphylococcal and streptococcal infections cause a variety of clinical presentations depending on site of infection, strain of organism, and neonatal immunity. Impetigo is a superficial bacterial cutaneous infection that may present with or without bulla formation, as described by the conditions non-bullous and bullous impetigo. The bullae of bullous impetigo are invariably due to infection with S. aureus and the subsequent production of epidermolytic toxin, which is also responsible for the widespread bullae and desquamation in staphylococcal scalded skin syndrome (SSSS). Development of resistant strains, overcrowding, and poor infection control have been linked to nosocomial outbreaks of S. aureus and is of particular concern in neonatal intensive care units where neonates are more susceptible to infection. [15]
Non-bullous impetigo
Both Streptococcus pyogenes and S. aureus are associated with the non-bullous form of impetigo, which presents as an erythematous macular rash before developing eroded lesions with a honey-coloured crust. [16] Isolated staphylococcal pustules and paronychia are also common in neonates. Although mild non-bullous impetigo has the capacity self-resolve, treatment with topical mupirocin and fusidic acid limits the opportunity for disease to persist. [16]
Bullous impetigo
Localised cutaneous S. aureus infection presents with an erythematous vesiculopustular rash that preferentially affects the diaper area and skin folds, coalescing to form large flaccid bullae that rupture easily and appear as honey-crusted erosions. [16,17] Bacteria are present in the lesions, and the infection usually responds to first-line systemic flucloxacillin, which may be used in conjunction with topical fusidic acid. [16,17] Certain strains of S. aureus are associated with epidermolytic toxins, which facilitate pathogen entry beneath the stratum corneum and limit disease to the superficial epidermis. [18,19] The distinct bullae present in bullous impetigo are due to the toxin-induced cleavage of desmosomal cadherin proteins in the granular layer of the epidermis, which are normally responsible for maintaining functional adhesion between keratinocytes. [18] These same toxins are produced in SSSS.
Haematogenous spread of S. aureus is facilitated by inoculation at a distant site such as the conjunctiva, umbilicus, or perineum, and the effects of bulla formation and desquamation are the direct result of circulating epidermolytic toxins. [20] This haematogenous spread results in a widespread infection that is more severe than the localised infection of bullous impetigo. Generalised erythema and skin tenderness are the initial clinical features, with evolution into large flaccid bullae and desquamation of the entire cutaneous surface. The Nikolsky sign is present, where blistering can be elicited by light stroking of the skin. [21] Bacterial cultures of cutaneous lesions are typically negative and S. aureus is only found at the distant sites of infection. Skin biopsy is considered the gold standard of diagnosis and is particularly relevant when considering toxic epidermal necrolysis (TEN) as a differential. In contrast to SSSS, TEN results in subepidermal blisters and keratinocyte necrosis rather than epidermal cleavage and typically involves oral mucous membranes. [20,21] Although biopsy is helpful in providing a definite diagnosis, neonatal biopsies are rarely performed due to the characteristic clinical presentation of both conditions. Despite the apparent polarity of the cutaneous and haematogenous forms of S. aureus infection, a handful of mild SSSS cases have been reported, lending support to a likely clinical spectrum ranging from a mild form to the classic severe disease. [22]
After birth and separation of the umbilical cord, necrosis of the stump is followed by epithelialisation. The healing stump may become colonised, with the exposed umbilical vessels forming a potential portal of entry for pathogenic bacteria. [23] Omphalitis is characterised by stump erythema and periumbilical oedema, with or without discharge, and is frequently due to S. aureus. It is more common in developing countries, and the risk is increased in cases of protracted labour, non-sterile delivery, and prematurity. [23] A recent Cochrane systematic review identified significant evidence to support the use of topical chlorhexidine on the umbilical stump to reduce omphalitis and neonatal mortality in developing countries. However, this benefit could not be demonstrated in developed countries, possibly owing to reduced risk factors for omphalitis. [24]
Necrotising fasciitis
Infection of the fascia and overlying soft tissues is a rapidly progressive neonatal emergency. Pathogens gain entry by cutaneous breaches such as omphalitis, birth trauma, and superficial skin wounds, with group A streptococci most commonly implicated as the causative organism. [25] Infection may also be polymicrobial, with a combination of organisms detected on wound cultures. [26] The infection follows the fascial plane, causing thromboses in the blood supply to overlying tissues and leading to tissue necrosis, and the skin becomes progressively more discoloured, tender, and warm. [26] While the initial presentation may not appear concerning, neonates rapidly become disproportionately tender and toxic. [26] Necrotising fasciitis has a high morbidity and mortality and requires immediate identification for surgical debridement. [25]
Ecthyma gangrenosum
Pseudomonas aeruginosa septicaemia is the most common underlying cause for this cutaneous manifestation, which typically presents with macules that progress via a necrotising vasculitis to form indurated necrotic ulcers with surrounding erythema. [27,28] Prematurity, immune deficiencies, and neutropaenia are the main predisposing factors, but lesions may develop in the absence of immunodeficiency when direct inoculation occurs through a breach in the skin barrier. [28]
Antimicrobial resistance and prevention
The treatment of neonatal bacterial infection depends on the pathogen and sensitivities to antibiotic treatments. In the Australian healthcare setting and internationally, antibiotic resistance poses a growing problem in this 'post-antibiotic' era. Methicillin-resistant S. aureus (MRSA) has become increasingly prevalent, particularly in the intensive care setting such as the neonatal intensive care unit (NICU). [29] As colonised neonates are continually admitted, the introduction of many unique sources and various strains over time adds to the ongoing burden and is likely to contribute to difficulties in fully eradicating MRSA from the NICU. [30] Transmission of organisms such as S. aureus most commonly occurs secondary to direct contact with colonised caregivers, and this problem is compounded when hand hygiene and barrier protection is inadequate. Premature infants in the NICU are particularly susceptible, due to their immature immune systems and the increased risk of nosocomial infection with invasive monitoring and frequent healthcare worker contact. [31] The identification of previous treatment with third-generation cephalosporins and carbapenem as independent risk factors for the development of multidrug-resistant Gram-negative bacteraemia in the NICU highlights the issue of antibiotic resistance and underscores the importance of judicious antibiotic use. [32]
Skin is the first line of defence against invading pathogens, and there are a number of unique cellular, functional, and immunological factors that underpin an increased susceptibility to bacterial infection in the newborn. Premature newborns are at particular risk of infection, owing to potential deficits in cutaneous barrier function. Future practice in treating bacterial infections is likely to be influenced by the emergence of multi-resistant strains and may shift the focus toward improved prevention measures.
J Read: jazlyn.read@griffithuni.edu.au
[1] Stamatas GN, Nikolovski J, Luedtke MA, Kollias N, Wiegand BC. Infant skin microstructure assessed in vivo differs from adult skin in organization and at the cellular level. Pediatr Dermatol. 2010;27(2):125-31.
[2] Fluhr JW, Lachmann N, Baudouin C, Msika P, Darlenski R, De Belilovsky C, et al. Development and organization of human stratum corneum after birth. Electron microscopy isotropy score and immunocytochemical corneocyte labelling as epidermal maturation's markers in infancy. Br J Dermatol. 2014 Feb 7. DOI:10.1111/bjd.12880.
[3] Stamatas GN, Nikolovski J, Mack MC, Kollias N. Infant skin physiology and development during the first years of life: a review of recent findings based on in vivo studies. Int J Cosmet Sci. 2011;33(1):17-24.
[4] Fluhr JW, Man MQ, Hachem JP, Crumrine D, Mauro TM, Elias PM, et al. Topical peroxisome proliferator activated receptor activators accelerate postnatal stratum corneum acidification. J Invest Dermatol. 2009;129(2):365-74.
[5] Raone B, Raboni R, Rizzo N, Simonazzi G, Patrizi A. Transepidermal water loss in newborns within the first 24 hours of life: baseline values and comparison with adults. Pediatr Dermatol. 2014;31(2):191-5.
[6] Fluhr JW, Darlenski R, Taieb A, Hachem JP, Baudouin C, Msika P, et al. Functional skin adaptation in infancy — almost complete but not fully competent. Exp Dermatol. 2010;19(6):483-92.
[7] Fluhr JW, Darlenski R, Lachmann N, Baudouin C, Msika P, De Belilovsky C, et al. Infant epidermal skin physiology: adaptation after birth. Br J Dermatol. 2012;166(3):483-90.
[8] Taeusch HM, Ballard RA, Gleason CA, editors. Avery's diseases of the newborn. 8th ed. Philadelphia: Elsevier Saunders; 2005.
[9] Capone KA, Dowd SE, Stamatas GN, Nikolovski J. Diversity of the human skin microbiome early in life. J Invest Dermatol. 2011;131(10):2026-32.
[10] Cuenca AG, Wynn JL, Moldawer LL, Levy O. Role of innate immunity in neonatal infection. Am J Perinatol. 2013;30(2):105-12.
[11] Power Coombs MR, Kronforst K, Levy O. Neonatal host defense against staphylococcal infections. Clin Dev Immunol. 2013;2013:826303. DOI:10.1155/2013/826303.
[12] Nelson A, Hultenby K, Hell E, Riedel HM, Brismar H, Flock JI, et al. Staphylococcus epidermidis isolated from newborn infants express pilus-like structures and are inhibited by the cathelicidin-derived antimicrobial peptide LL37. Pediatr Res. 2009;66(2):174-8.
[13] Yoshio H, Lagercrantz H, Gudmundsson GH, Agerberth B. First line of defense in early human life. Semin Perinatol. 2004;28(4):304-11.
[14] Kollmann TR, Levy O, Montgomery RR, Goriely S. Innate immune sensing by Toll-like receptors in newborns and the elderly. Immunity. 2012;37(5):771-83.
[15] Bertini G, Nicoletti P, Scopetti F, Manoocher P, Dani C, Orefici G. Staphylococcus aureus epidemic in a neonatal nursery: a strategy of infection control. Eur J Pediatr. 2006 Aug;165(8):530-5.
[16] Sladden MJ, Johnston GA. Current options for the treatment of impetigo in children. Expert Opin Pharmacother. 2005;6(13):2245-56.
[17] Johnston GA. Treatment of bullous impetigo and the staphylococcal scalded skin syndrome in infants. Expert Rev Anti Infect Ther. 2004;2(3):439-46.
[18] Hanakawa Y, Schechter NM, Lin C, Garza L, Li H, Yamaguchi T, et al. Molecular mechanisms of blister formation in bullous impetigo and staphylococcal scalded skin syndrome. J Clin Invest. 2002;110(1):53-60.
[19] Yamasaki O, Yamaguchi T, Sugai M, Chapuis-Cellier C, Arnaud F, Vandenesch F, et al. Clinical manifestations of staphylococcal scalded-skin syndrome depend on serotypes of exfoliative toxins. J Clin Microbiol. 2005;43(4):1890-3.
[20] Stanley JR, Amagai M. Pemphigus, bullous impetigo, and the staphylococcal scalded-skin syndrome. N Engl J Med. 2006;355(17):1800-10.
[21] Berk DR, Bayliss SJ. MRSA, staphylococcal scalded skin syndrome, and other cutaneous bacterial emergencies. Pediatr Ann. 2010;39(10):627-33.
[22] Hubiche T, Bes M, Roudiere L, Langlaude F, Etienne J, Del Giudice P. Mild staphylococcal scalded skin syndrome: an underdiagnosed clinical disorder. Br J Dermatol. 2012;166(1):213-5.
[23] Fraser N, Davies BW, Cusack J. Neonatal omphalitis: a review of its serious complications. Acta Paediatr. 2006;95(5):519-22.
[24] Imdad A, Bautista RM, Senen KA, Uy ME, Mantaring JB 3rd, Bhutta ZA. Umbilical cord antiseptics for preventing sepsis and death among newborns. Cochrane Database Syst Rev. 2013;5:CD008635.
[25] Das DK, Baker MG, Venugopal K. Increasing incidence of necrotizing fasciitis in New Zealand: a nationwide study over the period 1990 to 2006. J Infect. 2011;63(6):429-33.
[26] Jamal N, Teach SJ. Necrotizing fasciitis. Pediatr Emerg Care. 2011;27(12):1195-9.
[27] Pathak A, Singh P, Yadav Y, Dhaneria M. Ecthyma gangrenosum in a neonate: not always pseudomonas. BMJ Case Rep 2013 May 27. DOI:10.1136/bcr-2013-009287.
[28] Athappan G, Unnikrishnan A, Chandraprakasam S. Ecthyma gangrenosum: presentation in a normal neonate. Dermatol Online J. 2008;14(2):17.
[29] Isaacs D, Fraser S, Hogg G, Li HY. Staphylococcus aureus infections in Australasian neonatal nurseries. Arch Dis Child Fetal Neonatal Ed. 2004;89(4):F331-5.
[30] Gregory ML, Eichenwald EC, Puopolo KM. Seven-year experience with a surveillance program to reduce methicillin-resistant Staphylococcus aureus colonization in a neonatal intensive care unit. Pediatrics. 2009;123(5):e790-6.
[31] Cipolla D, Giuffre M, Mammina C, Corsello G. Prevention of nosocomial infections and surveillance of emerging resistances in NICU. J Matern Fetal Neonatal Med. 2011;24 Suppl 1:23-6.
[32] Tsai MH, Chu SM, Hsu JF, Lien R, Huang HR, Chiang MC, et al. Risk factors and outcomes for multidrug-resistant Gram-negative bacteremia in the NICU. Pediatrics. 2014;133(2):e322-9.
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We want Sister Circle Brunch to be remembered as a place that provided safety and comfort during a time of bewilderment and fear. We can confidently say that for us, and the women in our community, this is the most politically divisive moment in our lifetime thus far. We're trying to pursue our careers, make time for our friendships and romantic relationships, stay healthy, and grow as individuals all while trying to seek justice and make change.
But after a few events, Arturet and Acquaye began to realize that their brunches were just beginning to graze an extremely unfulfilled need. After all, it's not every day that women of color can walk into a space and openly discuss our experiences of how race, ethnicity and gender-identity affect us on a daily basis, particularly without judgment or having to explain ourselves.


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Dwars door Vlaanderen 2019 Preview
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By David Hunter
Roeselare – Waregem 182km
We've had brilliant racing already this season, it looks set to continue.
The organisers have stuck with the majority of last year's route, only making changes to opening half. They have continued with the vast majority of the climbs coming in a 40km section, which makes it tough for the sprinters.
Key Climbs
The racing should begin with the Taaienberg, everyone's favourite climb. After closing the gutter for E3, I'm led to believe it will be open for this race. That totally changes the climb and increases the chances of splits. Of course, it makes positioning going into it very important.
Before the riders can draw breathe, the next test is upon them. Berg Ten Houte is 1.1km at 6.1%, but has a maximum of 15.1%. The hardest section is right at the start, making it perfect for an attack. A fast descent follows, before a short section of flat, which leads into the big point of the race, the second ascent of the Knokteberg.
1.4km at 6.8%, this is where Tiesj Benoot almost dropped everyone last year. After an intense period of racing, this is a very demanding climb and one for the riders with real punch in their legs. The crest comes with 33km remaining, meaning anything can happen.
The Run for Home
This is where we can see the race come back together. If a team has enough domestiques left, they can drive the peloton on and catch the front group. It all depends on numbers and the composition of the front group.
The forecast has been changeable over the last few days. It currently says there will be a lot of rain in the morning, but the race doesn't start until 1215CET, which means they'll miss the worst of it. It's to remain overcast, with light rain returning for the end of the race. The wind will be at its strongest towards the start, but it will still be gusting around 15mph in the middle of the day. The wind is coming from the south, making crosswinds very likely in a key part of the day. Riders should beware the approach to the first climb of the Knokteberg, the run from here to Kortekeer and the top of the Paterberg. You have been warned!
If you don't want a sprint, you need to make this hard once the climbs start. As the race is the easiest of this block, sprinters will be hopeful of making the finale. To stop this from happening, teams must make the racing hard, as early as they can. A headwind will stop anything much happening in the early part, but once the climbing starts, that's when the fun begins!
As QuickStep, Lotto, AG2R, Trek and Jumbo-Visma don't really want a sprint, it looks like a tough day in the saddle for the sprinters. There will be constant attacks and I expect to see splits in the crosswinds. The section before the first ascent of the Knokteberg and at the top of the Paterberg are perfect to split the race apart.
Once a front group has been established, it's all down to numbers. As usual, we'll see QuickStep with the most riders, but there's no guarantee they win this race. With some of the big favourites skipping it, there is a real chance of an upset and a big win for a younger rider.
If we do get the predicted rain, the cobble sections will also be difficult, and we'll unfortunately see some crashes.
QuickStep – they again come to a race with three of the strongest riders: Lampaert, Gilbert and Jungels, which clearly makes them incredibly hard to defeat. Lampaert is the defending champion, he won here in 2017 and 2018, can he complete a terrific treble? Gilbert has been riding as a domestique, happy to help his teammates in most races up until now. His main goals are Flanders and Roubaix, I think he'll again be looking to help the others. Jungels has been so powerful this season, taking to his new role in the team like a duck to water. Of all the races, you would think this is the best for him, especially as he sat out of Gent-Wevelgem. Like always, they are the team to beat.
Trek – after a tough start to the season, it was great to see them come out swinging on Sunday. They arrive here with their confidence restored and also have three options for the win: Theuns, Pedersen and Stuyven. All three men are full of attacking promise and will want to split the race early, they all have a realistic chance of winning too.
Alejandro Valverde – the world champion was 11th here in 2018. His form hasn't been at the standard we normally expect, but this won't be a problem in a one-day race, just look at Milan-Sanremo. The problem with this race is that he's not an expert in Belgium, something that is a big disadvantage. I don't see him being far off winning, but quite a few of the contenders have a faster sprint from a small group.
Oli Naesen – still enjoying a purple period of form. After missing out in E3, he bounced back in Gent-Wevelgem, securing another podium spot. His sprinting speed has certainly increased, which is such a valuable commodity in the world of cycling. Oli is now confident sitting in and letting others waste energy attacking, knowing he'll beat them in a sprint finish. I hope this doesn't take away from his attacking spirit, we don't want him to get boring!
Tiesj Benoot – another who'll be happy about his performance on Sunday. Tiesj will take one look at the weather forecast and have a big smile! His performance level is currently very high and after taking a beautiful win in last year's Strade Bianche, you can be sure he's desperate for a win on home soil. Lotto have a strong team; he just needs a little bit of luck to go with his strong legs.
Michael Valgren – after a tough start to the year, his legs are starting to feel better. This period has always been his main target, starting from now and finishing in Liege, just as well as illness ruined the opening weekend. The Dane is another who'll enjoy the weather forecast, he seems a different rider in tough conditions. Don't write him off as results haven't been at the top level, remember that form is temporary, but class is permanent.
Mathieu Van Der Poel – he looked nice and strong in Gent-Wevelgem, but will be slightly disappointed to have missed out on the podium. This race looks like one he'd expect to challenge in, especially as some of the big hitters are not here. He is a special talent and winning would not be a surprise to me, but it certainly won't be easy. How will he cope with being a marked man?
Matej Mohorič – exactly the type of race he should be winning. We've all watched in awe as he's moved his way up the ladder, he now sits amongst the best riders in the world. His win in the 2018 Binck Bank Tour shows he likes riding in this part of the world, it's not really a surprise as he climbs and descends well. He starts the race as Bahrain's captain, and he'll be disappointed not to finish on the podium.
Pascal Ackermann – the big German was very impressive in Gent-Wevelgem, doing a huge amount of work for Peter Sagan. As this race contains fewer climbs than the other races, it's much better suited to his style. To remain in contention certainly won't be easy, but he can climb well and is an outsider for the crown.
Fernando Gaviria – another sprinter who'll hope to be able to win the race. He was one of many riders to shine on Sunday, but it was his teammate who took the win. The Colombian goes well in races like this and he'll be expecting to challenge for the win. One potential problem is the strength of his team, I don't see many riders being left to help in the closing kilometres.
Prediction Time
Poor weather conditions and a route suited to the riders who pack a real climbing punch. That screams Tiesj Benoot to me.
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Draw rays, lines, and line segments ... Move the ray so it has an endpoint at point and goes through point . ... Draw rays, lines, & line segments.
1. Draw the image of the object. Use the principle that the objectdistance is equal to the image distance to determine the exactlocation of the.
Lines, Rays, and Angles. ... a line segment, or a ray)? 3. a. Draw two points, D and E. ... You can also do any drawing problems from the lessons in it.


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Barbara Ehrenreich: Is Capitalism Dead?
Nation contributor Barbara Ehrenreich discusses the changing definition of socialism and its new relevance to the current economic meltdown.
Barbara Ehrenreich joined Joseph Stiglitz, Bill Fletcher, Jr. and Jeff Madrick in the Meltdown Forum, hosted by The Nation magazine and The Nation Institute March 6, to discuss the economic crisis and what must be done to move forward. During her opening remarks, Ehrenreich advised moving beyond the religion of market fundamentalism that places the invisible hand as a deity to rethinking production and our way of life. Please visit the Meltdown site to see more videos and listen to a podcast of the entire event.


A Creditor's Statutory Demand for payment of debt is a demand, in a prescribed form (referred to as a Form 509H), made under section 459E of the Corporations Act 2001 (Cth). This presents a fast inexpensive and effective method of enforcement of a judgment and other types of undisputed debts.
Bring an application in the Supreme Court in an attempt to have the demand set aside.
If the respondent fails to successfully address the demand, the respondent is exposed to an application by the creditor (the 'claimant') to the court for orders that a liquidator be appointed to the respondent company and be wound up. As with the Anti-Suit Provisions, if the statutory demand is not disputed in the prescribed time and in the prescribed manner, the respondent is generally forbidden from raising its defences to the debt in the court action that can follow.
It was assumed initially that the Anti-Suit Provisions of the Building and Construction Industry Security of Payment Act 1999 (NSW) ("The Act"), would confine parties' disputes to the processes under the Act, rather than traditional court proceedings, with the respondent forbidden from raising matters that should have been raised in a payment schedule, or which were raised, but not decided by an adjudicator in the respondent's favour.
The Corporations Act, however, makes limited provision for applications by the company to apply to have statutory demands set aside. There are two common grounds for such applications, which are that the debt upon which the demand is based is disputed and the respondent has an offsetting claim (see s 459H of the Corporations Act). The Anti-Suit Provisions of the Act suggested that the respondent should not be entitled to rely on either of those grounds, but the courts have found differently.
This case related to work on a bakery. Graf had obtained judgment on an adjudication determination in the amount of $27,564.58, including interest and costs. Demir asserted an offsetting claim. Campbell J found an offsetting claim that was not frivolous or vexatious (the applicable test in this instance), but in respect of part of the claim, there was no evidence as to how it was made up. Accordingly, the offsetting claim fell short of the judgment debt by almost $10,000 and the statutory demand was reduced to that amount, as opposed to being set aside.
Whilst the statutory demand enforcement method is available, the amount recoverable through the demand may be discounted by the value of offsetting claims where they are not frivolous or vexatious and evidence can be adduced on how the offsetting claim is calculated.
This was a security of payment based judgment debt for $97,000. CBC sought to enforce the judgment debt by way of statutory demand. Greenaways counter offered with an offsetting claim (for the purpose of s 459H(1)(b) Corporations Act) on the basis that it had been overcharged in fifteen (15) prior invoices to the value of $102,500. CBC asserted the offsetting claim was not genuine and that it had been referred to in the adjudication and had been dismissed. Barret J found that the determination was not a determination of legal liability and was a matter of contract between the parties.
The court, however, agreed with Campbell J in Demir v Graf in that the Commonwealth Law prevailed over the states and as the offsetting claim was for more than the statutory demand, the demand was set aside.
This court's reasoning follows the view that the Act is set up as a "pay as you go" system, but winding up action, if successful, is a final act against a debtor company. It follows that this type of action in court proceedings defeats the purpose of the interim nature of the Act.
This was another case where the statutory demand was set aside. Aldoga sought to have the statutory demand set aside on the basis that the contract between the parties did not authorise De Silvia to undertake the work that was the subject of the payment claim. The ground for setting aside the demand was a dispute on whether the debt had been contracted in the first place in contradistinction to an offsetting claim. Palmer J followed the principles in Demir and Greenaways where they applied in this context. The dispute as to the existence of the contract went to the entire demand.
Statutory demands are not useless as an enforcement tool for debts and adjudicated amounts under the Act. If the respondent can show a genuine dispute about the existence or the amount of the debt demanded or, more frequently, offsetting claims that it can quantify, the Anti-Suit Provisions in the Act can be subverted. Even though the hurdle is not a high one, various cases have provided guidance on when a respondent can fail to satisfy the court that the statutory demand should be set aside: Pacific Islands Express Pty Limited v Empire Building Developments Pty Limited  NSWSC 576; Diddy Boy v Design  NSWSC 14.
" Having regard to the provisions for restitution in the Act, it seems to me doubtful that a judgment which comes about because of the statutory regime in the Act in circumstances where a defendant cannot raise a defence or any cross‑claim which might nullify it as a final judgment creating a res judicata between the parties so as to preclude a genuine dispute in relation to the judgment debt for the purposes of section 459H [Corporations Act] (as opposed to not precluding the raising of an offsetting claim).
 It is not necessary to decide that question now because, in my view, the present circumstances are 'some other reason why the demand should be set aside' within the provisions of s459J(1)(b) of the Corporation Act 2001.
However, in Austin Corp Pty Ltd v Blanford  NSWSC 964, White J had occasion to consider that where 'an application has been made to have a judgment set aside and where there are serious grounds for such an application, this may constitute "some other reason" why the demand should be set aside under s 459J(1)(b) of the Corporations Act 2011 (Cth)'.
" Not infrequently when orders are made on that basis under s 459J(1)(b), the order setting aside the demand is made subject to conditions including that the judgment debt sought to be disputed be paid into Court.
" ……Even on the plaintiff's case, it owed and owes Mr Blanford $18,500 which has not been paid. It is improbable in the extreme that the Court would only have varied the demand by substituting that sum for the amount claimed in the demand, without also making it a condition of its order that the balance of the debt of $32,388.78 be paid into Court. An order for payment of that sum into Court was made as a condition of setting aside the default judgment.
 In my view the plaintiff ought to have paid at least $18,500 and ought to have offered at least to pay the balance of the sum of $32,788.70 into Court from the outset. In not doing so, the plaintiff has put the defendant to what I consider to be unnecessary expense in defending the application. In my view the proper order is that the plaintiff pay the defendant's costs of the proceedings.
Austin demonstrated that in certain circumstances the respondent might be required to pay the judgment debt into court as part of an order setting aside the statutory demand.
The Corporations Act almost strips the Anti-Suit Provisions of the Act bare. The implementation of the Act's pay as you go philosophy can easily be undermined where the respondent can demonstrate the disputed debt or offsetting claim. Where there is the most doubtful of circumstances and if the respondent cannot even establish that, the danger is that the court may be liable to identify 'some other reason why the demand should be set aside'.
For further information pertaining to statutory demands specifically and the application of the Corporations Act more broadly, contact the experienced team at Rockliffs Lawyers today.