text:
Case o' The Week: Justice is Blind, But DJs Should Take a Peek - In re Grand Jury Investigation -- Attorney-Client Privilege and the Crime Fraud Exception
Should a district court actually look at attorney-client docs, before deciding they are not privileged and compelling their disclosure?
"Yep," holds the Ninth, in a very welcome case of first impression.
In re Grand Jury Investigation, No. 15-50450 (9th Cir. Jan. 14, 2016) (Ord.), order and opinion available here.
NB: The opinion filed Jan. 14, 2016 was withdrawn so it could be redacted. See also 2016 WL 158595. The opinion on the Ninth's web site appears redacted (compare it to the WL opinion), but this case should not be cited until clearly re-issued.
Players: Decision by Judge Gould, joined by Judge Berzon and Sr. DJ Steeh III.
Facts: Appellant Corporation was a call center that marketed surgical devices. Id. at 4. The FDA began an investigation regarding the Corp.'s advertising. Id.
Over time, three attorneys associated with the Corporation or medical centers corresponded with the FDA about the FDA's warning letters. Id. The government alleged that these letters contained false statements designed to obstruct the FDA investigation. Id.
The Feds caused grand jury subpoenas to be served on the three attorneys, under the crime-fraud exception to the attorney-client privilege. Id. at 4-5. The attorneys did not fully comply, the government moved to compel, and the district court granted the motion.
The district court found that there was independent, non-privileged evidence that the lawyers' services were obtained in furtherance of and sufficiently related to ongoing crimes. Id. The court did not, however, hold an in camera hearing, and did not review the disputed documents. Id.
Issue(s): Must "district courts . . . review documents in camera before deciding whether they should be produced under the crime-fraud exception[?]" Id. at 7.
Held: "We agree with the Sixth Circuit. While in camera review is not necessary during step one to establish a prima facie case that the client was engaged in or planning a criminal or fraudulent scheme when it sought the advice of counsel to further the scheme, a district court must examine the individual documents themselves to determine that the specific attorney-client communications for which production is sought are 'sufficiently related to' and were made 'in furtherance of the intended, or present, continuing illegality.'" Id. at 8 (internal citations and quotations omitted).
Of Note: This decision (once it is published) will be the first written opinion in the Ninth requiring in camera review of documents, potentially subject to the attorney-client privilege, before compelled disclosure. Id. at 7. Given the order of the court regarding redaction (with the redacted opinion that accompanies the order, and the odd Westlaw reference), use care in how you refer to In re Grand Jury Investigation in the short term. Hopefully, however, this welcome new Ninth rule will stick in the final version of the decision.
How to Use: This case involves civil attorneys entangled in a corporation's alleged missteps. The holding, however, is of broader interest for indigent defense.
This brief opinion lays out the two-step approach to evaluate whether counsel's documents are subject to compelled disclosure over attorney-client privilege objections. Id. at 6 (discussing the first step: prima facie showing of crime-fraud, done without in camera review, and the second step: in-camera review of docs to see if they are sufficiently related to, and made in furtherance of, the illegality).
It is a thus a very good read for crim defense counsel. (It is considerably more fun to serve subpoenas, than to be served with one). In re Grand Jury is an important decision that explains how to evaluate attorney-client privilege, and adds a welcome layer of protection before Feds can snag our files.
Also mull the decision when defending a white collar case, when the Feds have built their case on the backs of corporate counsel. If this in camera procedure didn't happen, those documents were improperly obtained and should remain privileged and out-of-bounds (we'll argue).
For Further Reading: For a thoughtful discussion of this corner of law, see Bethany Lipman, Invoking the Crime Fraud Exception: Why Courts Should Heighten the Standard in Criminal Cases, available here.
Image of "Confidential Document Attorney-Client Privilege" stamp from http://www.jgllaw.com/blog/does-attorney-client-privilege-apply-after-your-death
Labels: Attorney-Client Privilege, Crime-Fraud Exception, Evidence, Gould, In Camera Review, Privileges - Evidence
Case o' The Week: Interpreting Clarity - James and the Rule of Acerbity
Hon. Judge Alex Kozinski
"This rule of acerbity, i.e., the rule of lenity stood on its head, is not how the criminal law is supposed to work."
United States v. James, 2016 WL 158559, *8 (9th Cir. Jan. 14, 2016), decision available here. (Kozinski, J., dissenting).
Players: Decision by Judge Tallman, joined by Sr. DJ Piersol. Dissent by Judge Kozinski. Hard-fought appeal by D. Az. AFPD Keith Hilzendeger.
Facts: Twenty-eight year old T.C. was severely disabled by cerebral palsy. Id. at *1. She was largely nonverbal, and communicated displeasure with grunts or nodding her head. Id. T.C.'s legal uncle, James, was discovered having sex with her (while inside the boundaries of a reservation). Id. at *2.
James was charged with aggravated forcible sexual assault under 18 U.S.C. § 2242(2)(B) – which prohibits sex with a victim who has the mental capacity to consent, but is "physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act." Id. at *1.
The jury returned a guilty verdict, and the district court then granted James's Rule 29 motion. Id. at *2. The government appealed.
Issue(s): "This case turns on the breadth of the 'physically incapable' standard in § 2242(2)(B) for punishing a sexual act with an individual with the physical incapacity to decline participation in or communicate unwillingness to engage in the act." Id. at *3.
Held: "We hold that the district court erred in granting that acquittal, although we acknowledge that determining what constitutes physical incapacity under § 2242(2)(B) is a difficult issue of first impression in our circuit. Applying the familiar standard under Jackson v. Virginia, 443 U.S. 307, 320, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), we hold, contrary to the district court's decision, that there was sufficient evidence to support the jury's determination by proof beyond a reasonable doubt that James violated the statute under which he was found guilty." Id. at *1.
"After surveying the dearth of case law, we find the cases more persuasive which punish conduct under the broader 'physically incapable' standard rather than the narrower 'physically helpless' standard because it will allow more cases to be submitted to the good judgment of a jury." Id. at *5.
Of Note: Judge Kozinksi pens a doozy of a dissent. "I am puzzled and confused by Part III of the opinion . . . The whole enterprise seems misguided because the statute is clear and thus not reasonably susceptible to conflicting interpretations." Id. at *7 (Kozinski, J., dissenting). "I . . . disagree with the methodology employed by the majority in seeking to pump up the statute beyond its ordinary meaning . . . . This rule of acerbity, i.e., the rule of lenity stood on its head, is not how the criminal law is supposed to work." Id. at *8.
Judge Kozinski reviews the district court's compelling recitation of facts showing that T.C. actually had the ability to communicate unwillingness – the gravamen of the statute charged. Id. at *8-*11. (District Judge Neil Wake, by the way, was the jurist who granted the Rule 29 motion).
The dissent is well worth the read, with a dispassionate analysis of the statute's language, and frank concern for the autonomy of the physically disabled.
How to Use: The majority chides the district court for considering state decisions while interpreting a federal statute. Id. at *4. Keep those James passages handy when the government tries to incorporate (bad) state law to interpret the meaning of federal criminal statutes.
For Further Reading: Whither thou goest, beloved Rule of Lenity? Judge Kozinski argues the majority flips the rule upside down – taking a clear statute, exploring interpretations, and then expanding the definition in the statute against the defense.
For an equally candid assessment of the decline of the Rule of Lenity (with a frank contrast to the rise of qualified immunity), see Matt Kaiser, Another Reason It's Better to be A Cop Than Accused of a Crime, available here.
Image of Honorable Judge Alex Kozinski from http://law.nd.edu/news/43561-chief-judge-alex-kozinski-comes-to-ndls/
Labels: Kozinski, Rule of Lenity, Section 2242, Statutory Construction, Tallman
Case o' The Week: No 702 => 192: Spangler, Defense Experts, and FRE 702 Relevance
Appellant Mark Spangler
Former IRS employee.
Former Criminal Investigator.
Forensic Accountant.
Defense Expert.
Excluded.
United States v. Spangler, 2016 WL 191997 (9th Cir. Jan.15, 2016), decision available here.
Players: Decision by Sr. DJ Lefkow, joined by Judges McKeown and Tallman.
Facts: Spangler (pictured above) was an investment advisor who created two "normal" investment funds. Id. at *1. Investors were told that these funds would hold stock from publically-traded companies, and investment decisions would be made by an outside investment manager. Id.
Spangler also created a high-risk investment fund dedicated to start-up companies. Id. Spangler himself diverted money from the "normal" investment funds to support the (unsuccessful) high-risk fund, without clearly explaining to the "normal fund" investors what was happening. Id. at *2.
The scheme fell apart, and Spangler was charged with wire fraud, money laundering, and investor fraud. Id. at *1. Id.
Before trial, Spangler noticed expert witness John Keller, a forensic accountant and former IRS criminal investigator. Id. at *3. The court excluded this expert as not relevant. Spangler was convicted and sentenced to 192 months. Id.
Issue(s): "Spangler . . . argues that the district court erred in precluding his expert witness, John Keller, from testifying." Id. at *3. "Spangler argues that Keller's testimony would have been relevant to his intent to defraud his clients." Id. at *4.
Held: "Spangler's ability to challenge the ruling excluding expert testimony is governed by Federal Rule of Evidence 702." Id. at *3.
"Given the government's theory, any testimony that the client's financial statement accurately reflected the amount of money invested in each . . . fund would have been irrelevant. Rather, the government's point was that, while the financial statements were technically accurate, they failed to disclose the reality behind Spangler's investment decisions. . . .
Nor was Keller's proposed testimony about the prudence of Spangler's investment decisions relevant to fraudulent intent . . . That in hindsight Spangler's investments in startup companies were arguably prudent does not negate his fraudulent intent." Id. at *4.
Of Note: Spangler is a case to distinguish. One important fact is that Spangler had three other experts that the district court deemed admissible – yet the defense didn't call them at trial. In both the harmless error analysis, id. at *4, and the Sixth Amendment analysis, id. at *5, the Ninth emphasized that Spangler did not call these (permitted) experts to testify. An unusual fact to seize upon when fighting a harmless error analysis.
(And note a small bright spot – the Ninth rejects the government's argument that the entire expert-appeal was precluded because Spangler presented no defense at trial. See id. at *3 (distinguishing Luce, , 469 U.S. 38 (1984)).
How to Use: You've dissected the indictment and have found a flaw. Eureka! Now, do you move to dismiss pretrial (allowing the AUSA to trot back to the grand jury to get a superseding), or do you wait and bring the motion after the petit jury is sworn in?
Spangler discusses this conundrum. (Spangler brought a challenge to the indictment ten days into trial). "Although the failure of an indictment to state an offense cannot be waived, a tardy challenge – that is, one made during trial or after the verdict – suggests a purely tactical motivation and is needlessly wasteful because pleading defense can usually be readily cured through a superseding indictment before trial." Id. at *7.
The defense family wrestled with this timing question during the early Apprendi era – Spangler's discussion is a depressing refresher on how a "tardy challenge" is likely to be viewed on appeal.
For Further Reading: FRE 702 needs a re-write. So argues Defending Daubert: It's Time to Amend Federal Rule of Evidence 702, 57 Wm. & Mary L. Rev. 1 (2015), available here.
Here's a teaser: "Many commentators have bemoaned the "lackadaisical" approach that some courts have taken in screening out unreliable forensic evidence in criminal prosecutions. Public defenders offices have argued that more vigilant 'gatekeeping' is especially important in criminal cases, where innocent defendants can lose their liberty based on faulty forensic evidence, and adversarial testing is less likely to curb the impact of 'bad science."'
Image of Mark Spangler from http://www.investmentnews.com/article/20140314/FREE/140319938/former-napfa-chairman-spangler-gets-16-years-for-fraud-must-pay-19
Steven Kalar, Federal Public Defender ND Cal. Website at www.ndcalfpd.org
Labels: Challenge to Indictments., Defense Experts, Experts, Fraud, FRE 702, Relevance


text:
Music Publisher, Record Label
Founded March, 1958
Headquarters New York
Online Website Instagram Twitter LinkedIn
Parent Access Industries
Subsidiaries Warner Chappell Music, Warner Records, Elektra Music Group, ADA, Warner Music UK, Atlantic Records
The third biggest music rightsholder in the world, Warner Music Group (WMG) runs its global operation from headquarters based in Manhattan, New York.
The company's frontline record label family includes Atlantic Records (home to Ed Sheeran, Cardi B, Bruno Mars, Twenty One Pilots and many more), as well as Warner Records (Neil Young, NLE Choppa) and Elektra Music Group (Tones & I, Panic! At The Disco).
Warner Music Group is also home to the world's third biggest music publishing company, Warner Chappell Music.
In calendar 2019, Warner Music Group's recorded music division turned over $3.88bn, up 11% YoY. Overall, WMG – including recorded music, music publishing and other activities – turned over $2.22bn, up 21% year-on-year.
Warner Music Group history through the 1960s
The origins of WMG can be traced back to the movie studio Warner Bros., which launched Warner Bros Records in March 1958.
In 1963, Warner Bros Records acquired Reprise Records – the record label founded by Frank Sinatra – in a deal that brought across the exec widely credited with building WBR's stellar legacy, Mo Ostin.
Warner Bros was then sold to Seven Artist Productions in 1967, creating Warner Bros. Seven Arts.
In October 1967, Warner Bros Seven Arts in turn acquired Atlantic Records from its founder, Ahmet Ertegun – bringing across not only a legendary label, but a host of talent and catalog from the likes of Aretha Franklin, Ray Charles, Booker T & the MGs, Sam & Dave, Otis Redding and Wilson Pickett.
The buyout also meant that Warner took ownership of a host of recordings from Stax, thanks to a clause in the distribution contract that label held with Atlantic.
Warner Music Group history through the 1970s, 1980s, and 1990s
Another corporate shake-up came in 1969, when Warner Bros. Seven Arts was acquired by the Kinney National Company in a $400m buyout.
The following year, Kinney acquired Jac Holzman's Elektra Records and sister label Nonesuch Records in a $10m deal.
Kinney then merged all of its record labels under a new parent company, WEA, also known as Warner Music Group. (Despite this merger, Ahmet Ertegun fought, successfully, for Atlantic Records to maintain autonomy within the group – an executive tussle which ultimately led to the elevation of Mo Ostin to the position of President of Warner Bros. Records in 1970.)
In 1972, Kinney sold off its non-entertainment assets and rebadged itself as Warner Communications Inc. That same year, it bought David Geffen's Asylum Records for $7m, bringing in artists such as the Eagles, Jackson Browne and Joni Mitchell.
In 1987, four years after a proposed international merger between PolyGram and WEA was blocked by the US Federal Trade Commission, PolyGram sold publishing house Chappell Music to Warner for $275 million.
Another big moment in WMG's corporate history came in January 1990, when Warner Communications sold to Time Inc, forming Time Warner, for $14.9bn.
Eleven years later on January 11, 2001, Time Warner itself merged with AOL to form AOL-Time Warner, but this new company eventually dropped the AOL brand from its name in 2003.
Warner Music Group history through the 2000s and 2010s
Time Warner sold Warner Music Group to a group of investors led by Edgar Bronfman Jr. for $2.6bn in February 2004.
WMG held an initial public offering of stock on the New York Stock Exchange in 2005, and remained publicly traded until its next big sale six years later.
In May 2011, Warner Music Group was sold again, this time for $3.3bn, to its current owner Access Industries, controlled by billionaire Len Blavatnik.
In July 2013, WMG completed the £487m acquisition of Parlophone Label Group from Universal Music Group, following the latter's buyout of EMI Music.
Parlophone Label Group was sold by UMG as an enforced condition of its acquisition of EMI under an agreement with European Commission regulators.
In June 2020, following double-digit growth in the streaming era, Warner Music Group once again floated a portion of its company on a stock exchange, via an IPO on the NASDAQ.Music Business Worldwide
Warner Music Group In The News
Music industry veteran Rob Gross joins The Syndicate as SVP, Label Services
Exec will be bringing over several of his current clients
Analysis Interviews
'Nearly 3 out of every 4 on-demand audio streams is coming from music that's 10 years old or younger.'
Kevin Gore, President of Global Catalog at Warner Music Group, on the company's approach to catalog and trends in the market...
Warner launches Rhythm City, a 'music-themed social experience' on gaming platform Roblox
Rhythm City will host virtual concerts and events featuring select WMG artists.
Adriana Restrepo appointed Latin America and Caribbean Regional Director at IFPI
Exec was previously President of Sony Music Andes
Hartwig Masuch to step down as BMG CEO, succeeded by Thomas Coesfeld
Coesfeld joined BMG as CFO in April 2021
From Justin Bieber selling his catalog, to Spotify cutting 500+ jobs… it's MBW's Weekly Round-Up
Our biggest stories of the week, brought to you in association with Centtrip
Universal is investigating new royalty payout models for streaming. Which one will it choose?
MBW Explains is a series of analytical features in which we explore the context behind major music industry talking points – and suggest what might happen next…
Warner's dismissal of legacy unrecouped advances has already increased earnings of 4,500 artists and producers globally
Stat was revealed in WMG's latest annual ESG report for shareholders

redpajama_set_name: RedPajamaCommonCrawl


Installation view of CHANG YOONG CHIA's "Second Life" at National Art Gallery, Kuala Lumpur, 2018–19. All images courtesy National Art Gallery, Kuala Lumpur.
"Second Life" was an apt title for a survey exhibition of Chang Yoong Chia's works at the National Art Gallery in Kuala Lumpur. An intimate traverse of his intellectual and emotional journeys across more than two decades, the show was an invitation to witness the artist's preoccupations with nature, narrative and myth.
Chang's predominant visual language—comprising intricate mountains of animals, plants and interweaving characters—is often expressed in large, fantastical monochrome canvases. These "Flora & Fauna" (2003–08) paintings often feature Chang in a white shirt and tie alongside his wife, writer and collaborator Teoh Ming Wah, and, often, a white rabbit. The frequent motif of the self reads like a Kahlo-esque exploration of the psyche, as the artist examines himself with detachment and muses about identity and memory. One could argue that while the white rabbit is richly symbolic in Western culture, representing a waking up or discovery of deep truth, in these works it is perhaps also a stand-in for Chang himself, who was born in 1975—the year of the rabbit according to the Chinese zodiac. The creature takes center stage in Happy Garden (2005), which is punctuated with versions of Chang and his wife in various configurations and sizes—including miniatures of himself constructing a giant brick man. Chang's rich inner life is often portrayed in the context of topical references and universally recognizable symbols; in this instance, the mythical characters of Ganesha and Shou Xing. These elements distance the works from being entirely self-referential and illustrate Chang's engagement with his external reality.
CHANG YOONG CHIA, Flora & Fauna, 2004, oil on canvas, 158 × 158 cm.
CHANG YOONG CHIA, Happy Garden, 2005, oil on canvas, 158 × 158 cm.
CHANG YOONG CHIA, The Leaning Tower of Teluk Anson, 2008, oil, crab shells, wooden cabinet and light, 42 × 32 × 36 cm.
CHANG YOONG CHIA, Quilt of the Dead, 2002– , thread on cloth, 224 × 224 cm.
If perhaps this symbolist aesthetic and dramatic modeling could be perceived as an angst-filled vehicle through which Chang primarily addresses his feelings, his other major works and use of media are darkly funny and playful. Delightfully peppering the show were works of repurposed biological matter: insect wings form a self-portrait and the spikes of a sea urchin form a mini torture chamber, complete with tiny, artificial skeleton. The Leaning Tower of Teluk Anson (2008) is a pagoda of crab shells, dramatically lit against a monochrome backdrop. These iterations of a second life are a little macabre, a nonconsensual revival of things that are routinely discarded. It's an interesting conversation, especially when considering Chang's major work at the outset of the exhibition was the ongoing Quilt of the Dead (2002– ), a collaborative effort with his wife, where obituary photographs are stitched onto cotton cloth.
Chang's imagination is brightly manifest in understated works such as The Maiden of the Ba Tree (2007), a serial fiction painted delicately onto porcelain spoons, and "The World Is Flat" series (2009–11)—beautifully crafted collages made of thousands of postage stamps chopped up to form vibrantly colored statements about the history of humanity and nation. These works reveal Chang's skill in storytelling in unusual media and his absolute dedication to precision and detail. The series' namesake centerpiece is a world map, humorously piecing together a collective political conscious recalled through the imagery of world leaders. Throughout the series, Chang's post-colonial perspective is conveyed through repetitive cut-outs of Queen Elizabeth II's head across various narratives. The use of stamps is also a deliberate choice. As a British export, stamps are infused with meaning in Chang's Malaysian worldview, appropriated as a tool for dissemination of state narratives before increasingly falling into disuse and in some cases, becoming a collector's item.
CHANG YOONG CHIA, Maiden of the Ba Tree (detail), 2007, oil on ceramic spoons, dimensions variable.
CHANG YOONG CHIA, The World Is Flat, 2010, collage with postage stamps and polyvinyl acetate glue, 84 × 134 cm.
CHANG YOONG CHIA, Don't Spread Rumours, 2012, collage with postage stamps and polyvinyl acetate glue, 37 × 57 cm.
The show alluded to Chang's international residencies, and there is an undercurrent of the artist exploring his cultural identity as a minority Malaysian-Chinese, at first at large in a global context. The exhibition ended with a focus on Malaysian history, offering diverse explorations of race and power structures. In this presentation, the most personal of the works was Don't Spread Rumours (2012), where weapon-wielding figures stand among a bright pink sea of fallen men and women. Each of these characters is crafted from stamp fragments of the word "Malaysia." Referencing the racially-motivated political riots against the Chinese in 1969, Chang uses original stamps postmarked from the '60s and '70s to portray colorless people in senseless violence.
The curation of the show was non-intrusive, offering broad thematic overviews of the artist's oeuvre. The absence of a detailed biography or prescriptive interpretations in accompanying collateral allowed for a personal interaction with his work—forming a loose, yet deeply personal survey.
Chang Yoong Chia's "Second Life" is on view at National Art Gallery, Kuala Lumpur, until February 24, 2019.


text:
After All These Years (Instrumental) is the third remix album by American worship collective Bethel Music and their fourteenth album overall. The album was released on July 14, 2017 by the group's imprint label, Bethel Music.

Background
The album is an instrumental collection of songs with an 88-piece orchestra by Bethel Music from Brian & Jenn Johnson's fourth album, After All These Years (2017), a critically acclaimed and commercially successful release by the duo. The album has been promoted as a project that is "intended to be a tool for devotion; an invitation to step away from the distractions of life into peace, clarity and encounter with God's presence."

Critical reception

Jono Davies, reviewing the album for Louder Than The Music, bestowed a rating of four and a half stars, observed "moments of pure brilliance here, and there are moments that are also hauntingly beautiful - and if that wasn't enough, there are also moments that just capture your soul when you start to listen." Davies came to the conclusion that "This album sounds different to most albums out now, but for all the right reasons, and it is such a stunning album. This new album is classical, instrumental and modern orchestral music at its best."

Commercial performance
In the week ending August 5, 2017, After All These Years (Instrumental), was registered on Billboard's Christian Albums chart as the forty third best-selling album of the genre in the United States.

Track listing

Charts

Release history

References

2017 remix albums
Bethel Music albums

redpajama_set_name: RedPajamaWikipedia


The plot of the game hack Dead Trigger 2 takes place in the future time, where zombies have captured the world, destroying everything around. Humanity struggles to protect itself and the environment from these villains. There was a zombie apocalypse, so life became much more harder. The graphics is impressive, the gameplay is unique, this game has a bewitching plot, which is constantly holding you in suspense. The visual part looks rich and colorful. This application will take a big amount of your free time. Fans of shooters will be delighted with the quality of this game.
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All the survivors are also involved into a game process. For example, they prepare medicines, make weapons, but they do that only for virtual money. Some of their special abilities are opened for real money. To win a zombies' city or country, you must kill millions of them, participating in additional tasks. You can use Dead Trigger 2 Hack, even without root and jailbreak. You are also able to see a number of killed zombies at the end of the level. All tasks in the game are very diverse. This is shooting zombies from a helicopter, collecting key items according to the map and so on.
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text:
package com.opengamma.util;

import java.util.Map;
import java.util.concurrent.BlockingQueue;
import java.util.concurrent.ConcurrentHashMap;
import java.util.concurrent.ConcurrentMap;
import java.util.concurrent.ExecutorService;
import java.util.concurrent.Executors;
import java.util.concurrent.SynchronousQueue;
import java.util.concurrent.ThreadFactory;
import java.util.concurrent.ThreadPoolExecutor;
import java.util.concurrent.TimeUnit;

import org.slf4j.MDC;

/**
 * An extension of ThreadPoolExecutor that is aware of slf4j mapped diagnostic
 * logging (MDC). MDC allows per-thread, contextual information to be output
 * to logging files. This is a map that could hold a session id for a web
 * application or an identifier for a request from an external service. MDC
 * information is passed down to child threads when they are created but falls
 * down at the point where a thread-pool is used. In these cases no context
 * information is passed on and the information will be absent from the logs.
 *
 * This executor ensures that MDC information is copied from the calling
 * thread onto the worker thread and removed once the worker has completed
 * and is returned to the pool.
 *
 * Because access to the MDC is via static methods, it is only possible
 * to access the context applicable to the current thread i.e. when submitting
 * a job to the executor we have access to the calling thread's MDC, but no way
 * of accessing the worker's. Similarly, when the worker executes the job, we
 * have access to the worker's MDC but not the original caller's. To handle
 * this, the class records the MDC information from a thread when it submits
 * a job. When the job is executed, the MDC information is looked up and
 * copied to the worker.
 *
 * Note that this class overrides {@link #execute(Runnable)} which means
 * there is no need to override the rest of the methods defined in
 * {@link ExecutorService}
 */
public class MdcAwareThreadPoolExecutor extends ThreadPoolExecutor {

  /**
   * Map storing the jobs to be executed and the MDC information which was
   * held by the calling thread when the job was submitted. Note that,
   * depending on which method is used to submit a job, the key may not
   * be the actual job submitted (e.g. if a Callable is submitted, it
   * gets converted by the executor).
   */
  private final ConcurrentMap<Runnable, Map<String, String>> _diagnosticContexts = new ConcurrentHashMap<>();

  /**
   * Create a new instance with the specified thread factory. Note that
   * this will create an executor with the same defaults as if calling
   * {@link Executors#newCachedThreadPool(ThreadFactory)}
   *
   * @param factory the factory to use when the executor creates a new thread
   */
  public MdcAwareThreadPoolExecutor(ThreadFactory factory) {
    super(0, Integer.MAX_VALUE, 60L, TimeUnit.SECONDS, new SynchronousQueue<Runnable>(), factory);
  }

  /**
   * Create a new instance.
   *
   * @param coreThreads the number of threads to keep in the pool, even
   * if they are idle, unless {@code allowCoreThreadTimeOut} is set
   * @param maxThreads the maximum number of threads to allow in the pool
   * @param keepAliveTime when the number of threads is greater than the
   * core, this is the maximum time that excess idle threads will wait for
   * new tasks before terminating.
   * @param timeUnit the time unit for the {@code keepAliveTime} argument
   * @param queue the queue to use for holding tasks before they are
   * executed. This queue will hold only the {@code Runnable} tasks submitted
   * by the {@code execute} method.
   * @param factory the factory to use when the executor creates a new thread
   */
  public MdcAwareThreadPoolExecutor(int coreThreads,
                                    int maxThreads,
                                    long keepAliveTime,
                                    TimeUnit timeUnit,
                                    BlockingQueue<Runnable> queue,
                                    ThreadFactory factory) {
    super(coreThreads, maxThreads, keepAliveTime, timeUnit, queue, factory);
  }

  @Override
  protected void beforeExecute(Thread t, Runnable task) {

    // This method is called by the worker thread before it executes the
    // specified task. Therefore we can insert the MDC information and it will
    // be available as the task is executed
    Map<String, String> contextMap = _diagnosticContexts.get(task);
    if (contextMap != null) {
      MDC.setContextMap(contextMap);
    }

    // As per documentation on {@link ThreadPoolExecutor#beforeExecute}, we should
    // call the super at the end of the method
    super.beforeExecute(t, task);
  }

  @Override
  protected void afterExecute(Runnable task, Throwable t) {

    // This method is called by the worker thread after it has executed the
    // specified task.

    // As per documentation on {@link ThreadPoolExecutor#afterExecute}, we should
    // call the super at the start of the method
    super.afterExecute(task, t);
    _diagnosticContexts.remove(task);

    // Clear the MDC information from the worker thread
    MDC.clear();
  }

  @Override
  public void execute(Runnable command) {
    recordDiagnosticContext(command);
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redpajama_set_name: RedPajamaGithub


text:
BRAVE THE WATERS – Melancholic Soundscape Duo Launch Chapter II: Days of Solitude Full Stream At Svbterannean
by NorthWar 01/28/2019 22:48 01/29/2019 5:52 074
New York, New York-based ambient guitar/bass only post-rock influenced duo Brave the Waters are finally on the cusp of dropping their second album, Chapter II: Days of Solitude this Friday, February 1st. The album is the groups follow up to their 2015 debut, Chapter I: Dawn of Days. Chapter II: Days of Solitude will appeal to fans of the group's core influences which the bands cite as largely being inspired by Pink Floyd, Mogwai, Anathema, Sigur Ros, and Sun Kil Moon.
Brave the Waters consists of New York metal scene veterans Tom Anderer (2018 live bass for Artificial Brain at times) and Rick Habeeb who've spent years building up musical chemistry together in groups such as doom metal outfit Grey Skies Fallen and experimental deathgrind outfit Buckshot Facelift which is fronted by Artificial Brain vocalist Will Smith.
Like their prior works, the new album is built upon a hybrid improvised and carefully written approach that layers the duo's talents into lush soundscapes which mirror the feeling of winter upon us and tap into feelings of solitude, mourning, self-reflection, hope, and solace. All electric guitar was improvised by Rick Habeeb and supported by written acoustic guitar and bass from Tom Anderer with a more structured approach to the compositions this time on Chapter II: Days of Solitude.
Today the band partnered with Svbterranean to launch an early album stream of Chapter II: Days of Solitude.
Brave the Waters band statement regarding Chapter II: Days of Solitude
"These songs are sad and somber but reveal hope in the darkest places of self-consciousness and are very thoughtful. The album tells a detailed story without words, allowing the listener to evoke the settings and characters their imagination creates from the ambient soundtrack. Artwork again is amazingly-handled by Travis Smith (Amorphis, Opeth, Strapping Young Lad, Megadeth, etc.), and we hope to release this both in digital and physical formats."
Brave the Waters – Chapter II: Days of Solitude Track Listing
1. Endless Pursuit
2. Above the Broken Clouds
3. Written in Stone & Locked Away
4. To Be Alone
5. Transcending Horizons
6. Vague Shadows
7. Trials of the Sunken Swamp
8. Out of Nowhere
9. Maze of Winding Roads
10. Arrival at the Gates of Torment
Brave the Waters Line-up
Rick Habeeb – Improvised Electric Guitar (Buckshot Facelift, Grey Skies Fallen)
Tom Anderer – Acoustic Guitar and Bass (Buckshot Facelift, Grey Skies Fallen)
Brave the Waters Social Media Links
https://www.facebook.com/bravethewaters/
https://bravethewaters.bandcamp.com/album/chapter-ii-days-of-solitude
BRAVE THE WATERSShare0
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